The Jurisdictional Entrapment Defense: An Analytic Framework for Claims of Manufactured Jurisdiction in Child Exploitation Prosecutions

41 Pages Posted: 6 Aug 2009 Last revised: 28 Sep 2009

Leonid Feller

University of Michigan Law School; Wayne State University Law School

Date Written: August 5, 2009

Abstract

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.

JEL Classification: K14

Suggested Citation

Feller, Leonid, The Jurisdictional Entrapment Defense: An Analytic Framework for Claims of Manufactured Jurisdiction in Child Exploitation Prosecutions (August 5, 2009). Kentucky Law Journal, Vol. 98, December 2009; U of Michigan Public Law Working Paper No. 160. Available at SSRN: https://ssrn.com/abstract=1444522

Leonid Feller (Contact Author)

University of Michigan Law School ( email )

Hutchins Hall
Ann Arbor, MI 48109
United States

Wayne State University Law School ( email )

471 W. Palmer
Detroit, MI 48202
United States

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