Monday, May 19, 2014

Jacobson v. United States case brief summary

Jacobson v. United States (Justice White delivering majority opinion in 5-4 decision)
 
Facts: Jacobsen is convicted for child pornography following a 26-month investigation involving repeated direct solicitations from the government and schemes that involved the government setting up five different fake companies. He eventually orders a single picture and that is the only piece of child pornography found in his house. 
 
·         Defendant must show: 1) inducement; 2) lack of predisposition.
·         26 months of government solicitation will qualify as inducement.
·         The fact that Jacobson was found with questionable material at one point does not establish predisposition since the material was not illegal at the time.
 
Note: There might be potential overlap between inducement and predisposition. A person otherwise not predisposed might become so if the inducement rises from $150 to $150,000.

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