Jacobson v. United States, Case Study Example

The case Jacobson v. United States, 503 U.S. 540 (1992), centers on the issue of entrapment. Keith Jacobson was tried and convicted of willingly receiving through the mail and of possessing child pornography. This conviction was reversed by the U.S. Supreme Court on the grounds that the prosecutor failed to show a propensity for the material that was not incited by the government agency’s attempts to solicit a response to their posed mailings (FindLaw for Legal Professionals, 2010). Evidence presented during the trial against Jacobson included two Bare Boys publications that had been purchased before the enactment of the Child Protection Act of 1984 and materials that had been sent by the government agency.

Legal background considered in the ruling of this case included the Child Protection Act of 1984, which “toughened Federal laws dealing with the production and distribution of pornographic materials involving children” (University of Texas, 1984). Previous cases such as Sherman v. United States, 356 U.S. 369, 372 (1958) and Sorrells v. United States, 287 U.S. 435, 442 were also consulted in the decision to reverse the original ruling. In Sherman v. United States, the court established a “line between setting a trap for the “unwary innocent” and the “unwary criminal” (FindLaw for Legal Professionals, 2010). Sorrells v. United States concluded that a government agency, may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute” (FindLaw for Legal Professionals, 2010).

It is important to establish clear guidelines on what does and does not constitute entrapment, and then to enforce those guidelines. Previous cases such as Sherman v. United States and Sorrells v. United States were paramount in setting up those guidelines. Jacobson v. United States was an example of entrapment guidelines being enforced, something that is necessary to ensure that our rights as American citizens are protected.

Works Cited

FindLaw for Legal Professionals. (2010). Retrieved June 30, 2010, from FindLaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=503&invol=540

University of Texas. (1984, May 21). Retrieved June 30, 2010, from Remarks on Signing the Child Protection Act of 1984: http://www.reagan.utexas.edu/archives/speeches/1984/52184b.htm