 "The Government's characterization of petitioner's hesitancy to Kalchinian's request as the natural wariness of the criminal cannot fill the evidentiary void," he added.He declined to reassess the alternative, objective test of entrapment proposed by Justice Owen Roberts in his "Sorrells" concurrence, that the focus should be on how the government acted rather than the defendant's state of mind.He believed that such a focus would unnecessarily burden prosecutors as they would not be able to raise predisposition in response to any defense attempt to examine police conduct; and that lower courts had ruled that juries should be allowed to consider entrapment, not judges as Roberts had proposed.