The Jurisdictional Entrapment Defense: An Analytic Framework for Claims of Manufactured Jurisdiction in Child Exploitation Prosecutions
University of Michigan Law School; Wayne State University Law School
August 5, 2009
Kentucky Law Journal, Vol. 98, December 2009
U of Michigan Public Law Working Paper No. 160
The article considers the defense of manufactured jurisdiction, in which defendants claim that they were wrongfully induced to commit a crime by law enforcement agents in such a way as to create a federal jurisdictional nexus (e.g. by crossing a state line). The article traces the history of the defense, examines the present circuit split in its application, and sets forth a framework for designing undercover operations that will allow federal agents to satisfy due process concerns. The article is scheduled for publication in the University of Kentucky Law Review this December.
Number of Pages in PDF File: 41
JEL Classification: K14
Date posted: August 6, 2009 ; Last revised: September 28, 2009
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