CJ506P Unit 9: Analysis

CJ506P Unit 9: Analysis

Introduction

This document covers a scholarly analysis of legal case of Jacobson v United States that involves the defenses of justification. This analysis will cover the facts about the case, discussion over final verdict, defense explanation, and personal opinion about the final verdict. The case of defense justifications are very sensitive to tackle as it keeps the trace of every single minute communication and expression about the matter.

Brief Facts of the Case

The defendant, Keith Jacobson order 2 magazines of pre-teen boys and teenage. The magazine's content started the argument as the defendant claimed that he was expecting to get a magazine of 18 years men or even older. In the magazine, the young men were not snapped having sex and this kind of magazines were legal in his state. After three months of the order, Congress declared child nude pornography as illegal. The name of Keith Jacobson was subscribed in the magazine list. The agents of government received the name of defendant for making a target that will certainly lead him to purchase more child pornography (Stanley, et al 1989). There were two government spy agencies that created 5 fake organizations for inducing the defendant to break the new law of Congress. Finally, the defendant replied to one of their fake ads by saying “I am interested in teenage sexuality”. Moreover, he responded to other fake mailing by saying that, “I like good looking young guys (in their late teens and early 20's) doing their thing together.” Later on, he responded to other fake magazine that made him able to order material without detecting the content of magazine. This mailing came after the period of 26 months and it includes the literature and questionnaires that include certain questions about legalization of child pornography. Finally, he bought that material as he argued that the government agency stimulated his interest over time. When the government searched his home, they only find pornographic material of young men that was sent by government itself.

The Final verdict of Case

As a matter of law, the prosecution failed in adducing evidence to hold the jury verdict that the defendant was predisposed for violating the law by buying child illegal pictures through the mails. For passionate enforcement of law, the agents of government should not have introduced a criminal design, and implanted the mind of innocent person for committing a criminal act, and then cause commission of crime. Jacobson was entrapped completely and offered the way for ordering pornography, after which he himself availed the opportunity. He made the target of continuous twenty six months government communications and mailings [503 U.S. 540, 541] and government eventually failed in carrying its load to prove predisposition of his independent intention (Perkins, et al 1994). Moreover, Jacobson was behaving under the law when he testified and received magazines as he was not aware that they will depict minors. During the investigation, various evidences were gathered in which Jacobson responded to many communication regarding the criminal act, ...