First on everyone, then on lawyers worldwide, and finally on members of the American legal profession. Opportunity Temptation is increased by opportunity . A janitor in a bank may be tempted to steal the millions he knows lie in the bank vault. However absent any opportunity to get near the vault when it is open, temptation is reduced. On the other hand a senior bank teller who is trusted to operate inside the vault with ample opportunity to steal, will be subject to increased temptation.
Temptation is increased by a low risk of discovery .
The risk involves both whether and when the wrongdoing will be discovered. The bank teller who has the opportunity to steal will be far less tempted to do so if discovery will be imminent. However if he believes that the theft will not be discovered for a long time, if at all, his degree of temptation will increase. Probability, speed and severity of punishment The less probable, slower and milder the potential punishment, the greater the increase in temptation . If the bank teller knows that being caught will result in swift, certain and severe punishment, temptation diminishes.