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.
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