FEBRUARY/MARCH 2017 CBA

SpecialSpecial YLS YLS Theme Theme Issue Issue PROTECTINGPROTECTING OUR OUR CHILDREN CHILDREN CBA RECORD CONTENTS February/March2017•Volume31,Number2 6Editor’sBriefcase Lawyer Lincoln: A Lesson in Character SPECIAL YLS ISSUE: PROTECTING OUR CHILDREN 8President’sPage Someday 30 CombattingTraffickingforSexualExploitation– 10 CBA News Lawyers are Key 20 Chicago Bar Foundation By Jody Raphael Report 34 Efforts to Combat Child Trafficking in the US–Victims and 22 Murphy’sLaw Victim-Witnesses 50 Legal Ethics By Katherine Kaufka-Walts Attorney Advertising and Solicitation 38 IfYouSeeSomething,SaySomething–1-888-373-7888 By John Levin By Oliver Khan 51 Ethics Extra 40 1910 Law Still Used as a Prosecution Tool– Sealing an Entire Court The “Mann Act” Lives File is Never Appropriate By Adam J. Sheppard By Kimberly Gleeson 52 LPMT Bits & Bytes 44 The Work of CASA with Children in Foster Care–Chicago Sore Thumbs in the Volunteers Create a Better Future Paperless Ofce By Jason Marcus Waak By Catherine Sanders Reach 46 MercyHomeforBoysandGirls–HelpingYouthinCrisis 54 Nota Bene Since 1887 Lessons from Creative Nonfction By Katy Sikich and Tricia A. Rooney By Amy Cook 56 Summary Judgments Jasmine V. Hernandez reviews

the 2016 Bar Show “This Case FEBRUARY/MARCH 2017 is a Shamilton” CBA On the Cover This issue of the CBA Record features The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, am untitled painting from a resident of September, October, November) for $10 per year by The Chicago Special YLS Theme Issue Anne’s House, a facility that helps victims Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- PROTECTING OUR CHILDREN of sexual exploitation and human 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.PeriodicalspostagepaidatChicago, trafcking. Illinois.POSTMASTER:SendaddresschangestoCBA Record,c/o KaylaBryan,ChicagoBar Association,321SouthPlymouthCourt, Chicago,Illinois60604.

Copyright2017byTheChicagoBarAssociation.Allrightsreserved. Reproduction in whole or in part without permission is prohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully consideredbytheEditorialBoard.Allletterstotheeditorsare subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated. YLS Special Issue lPROTECTING OUR CHILDREN

By Adam J. Sheppard

1910 Law Still Used as a Prosecution Tool TheThe “Mann “Mann Act” Act” Lives Lives

he federal government still uses Act,” named after its author, Illinois Con- immoral purpose.” See White–Slave Trafc the “Mann Act,” enacted in 1910, gressman James R. Mann (he had also (Mann) Act, ch. 395, 36 stat. 825 (1910) Tas a major tool to combat human practiced as a lawyer in Chicago). Telaw (codified as amended at 18 U.S.C. §§ trafcking. Te Act’s ofcial name is the initially prohibited, inter alia, the interstate 2421–2424). Te broad language of the “White Slave TrafcAct;”however,itis transportation of women for purposes of initial version of the Act allowed the gov- more commonly referred to as the “Mann prostitution, “debauchery,” or “any other ernment to prosecute individuals for a wide

40 FEBRUARY/MARCH 2017 YLS Special Issue lPROTECTING OUR CHILDREN array of activity that it deemed “immoral.” Berry goes on trial for the second time, http:// Perhaps the most controversial Mann bit.ly/2k12Tyv (last visited 2/7/17). She Act prosecution was that of Jack Johnson, only complained to authorities after she the frst African-American heavyweight- had a falling out with him. Berry served boxing champion. Tecaseoccurredin about 20 months in prison. Among the Chicago in 1913. Johnson was convicted songs that he wrote from prison were “No by an all white jury of transporting a white Particular Place to Go” and “You Never woman from Pittsburgh to Chicago for Can Tell.” Id. the “immoral purpose” of having sexual In 1986, Congress made the statute intercourse with her. He had sent her $75 gender neutral (it applies regardless of in travel expenses to make the trip. She was whether men or women are transported), an adult. She admitted that her travels were added further protections for minors, wholly consensual. She was also a “spurned and deleted any reference to the ambigu- lover” of Johnson’s and testifed against ous terms “debauchery” or “immoral him. See Kevin R. Johnson, Te Legacy of purposes.” As currently constituted, the Jim Crow: TeEnduringTabooofBlack- Act criminalizes knowingly transporting Illinois Congressman James R. Mann White Romance Dear Senator: A Memoir by “any individual” with the intent that the the Daughter of Strom Turmond. by Essie individual engage in prostitution or “any Mae Washington-Williams & William sexual activity for which any person can stem from online activity, such as chat Stadiem. New York: Regan Books, 2005. be charged with a criminal ofense,.” 18 rooms or postings on Craigslist or back- Pp. 223., 84 Tex. L. Rev. 739, 752 (2006); U.S.C. §§ 2421–2424. Telawalsocrimi- page.com. See e.g. United States v. Key, See also Johnson v. United States, 215 F. nalizes knowingly persuading, inducing, No. 13 CR 726, 2016 WL 6599933, at 679 (7th Cir. 1914). Many commentators enticing, or coercing any individual to *1 (N.D. Ill. Nov. 8, 2016)(“[Tedefen- viewed the prosecution as a pretext for travel in interstate or foreign commerce dant] found girls for his prostitution ring targeting interracial relationships. for the aforementioned purposes. Id. at through backpage.com.”). Internet-related Historians have also viewed other celeb- § 2422. It also provides for enhanced pen- Mann Act prosecutions often involve an rity Mann Act prosecutions as politically alties–specifcally a mandatory minimum adult attempting to locate a minor for motivated. In 1944, Charlie Chaplain of 10 years’ imprisonment–when minors purposes of engaging in sexual activity. See was charged with a Mann Act violation are transported. Id. at §§ 2242, 2243. e.g. United States v. Joseph, 542 F.3d 13 (2d stemming from a paternity suit. Chaplain Even under its current, narrower, ver- Cir.2008). Many times, a law enforcement was later acquitted. “Some believe the sion, the Mann Act remains a prevalent ofcer is posing as a minor on the Internet. case was motivated by Chaplin’s left-of- prosecution tool. In 2008, prosecutors See also United States v. Spencer, No. 2:13- center political views.” Eric Weiner, Te who investigated former Governor Elliot MJ-129, 2013 WL 2417976, at *3 (S.D. Long, Colorful History of the Mann Spitzer used the Mann Act to prosecute Ohio June 3, 2013). Act, http://n.pr/1zoDfHV (last visited individuals associated with the Emperor’s Consent of the individual who travels 2/6/17). J. Edgar Hoover, who instigated Club, the prostitution service that Mr. to engage in the prohibited act is not a the prosecution, had called Chaplin one Spitzer allegedly frequented. (Mr. Spitzer defense. United States Key, 13 CR 726, of Hollywood’s “parlor Bolsheviki.” Te was not formally charged but others were). 2016 WL 6135666, * 5 (N.D. Ill. 2016). Mann Act, http://to.pbs.org/2kkG5uJ (last See Danny Hakim et al., Spitzer Is Linked to Te best defense is typically a mental state visited 2/7/17). Prostitution Ring, http://nyti.ms/2liLfLO defense–i.e., the defendant did not act In 1961, Chuck Berry was twice con- (last visited 2/6/17). In 2015, this author “with intent that the individual [who was victed of a Mann Act violation. (His frst represented an individual in a Mann Act transported] engage in prostitution, or in conviction was overturned on appeal and prosecution involving a conspiracy to any sexual activity for which any person he was reconvicted at his second trial). transport women to the Mission District can be charged with a criminal ofense.” Berry was convicted of transporting an of San Francisco to work in brothels. In §§ 2421-2423. underage Apache girl across state lines United States v. Holland, 381 F.3d 80, 82 In cases involving on-line activity, some for an “immoral purpose.” Berry had (2d Cir. 2004), prosecutors used the Mann defendants have argued that they were apparently taken the girl on tour with Act to charge a Vermont–New York pros- merely “role-playing;” they never actually him. According to Berry, the woman had titution ring. would have gone through with the pro- claimed to be 21 years old. 1961: Chuck Many modern Mann Act prosecutions hibited act in real life. Expert testimony

CBA RECORD 41 YLS Special Issue lPROTECTING OUR CHILDREN

on the issue of role-playing in the context sual acts of prostitution between adults SAVE MONEY ON MEMBER of sexually explicit conversations on the may be overreaching. See e.g. Michael Internet may be admissible. See United Conant, Federalism, the Mann Act, and the DISCOUNT PROGRAMS States v. Joseph, 542 F.3d 13, 21 (2d Cir. Imperative to Decriminalize Prostitution, 2008)(recognized as abrogated on other CNLJLPP5CornellJ.L.&Pub. Pol’y grounds). 99 (1996). For the immediate future, Save on Lexis, virtual and temporary office Sentencing hearings in Mann Act however, Mann Act prosecutions remain space, Alliant Credit Union, client credit card cases also present special challenges. Most relevant and practitioners must remain notably, whether an enhancement for a up-to-speed on strategies for defending processing, car rentals, UPS, magazine sub- “vulnerable victim” applies (U.S.S.G.§ against them. 3A1.1(b)) or whether a district court may depart upward from the advisory sentenc- scriptions, legal software and more.Visit www. Adam Sheppard is a partner at Sheppard Law ing guideline range if the conduct was Firm, P.C. which concentrates in criminal unusually “degrading” to the victim. See chicagobar.org/save for more information and defense and a member of the CBA Record U.S.S.G.§5K2.8;see also e.g. United States Editorial Board links to our discount providers.These programs v. Long, 185 F.3d 30, 51 (D.D.C. 2001). In summary, the Mann Act, a law born have been negotiated to ofer you savings and out of progressive-era attempts at legislat- ing sexual morality, remains a prevalent special ofers as a value-added beneftofyour prosecution tool today. On the one hand, it helps combat forced prostitution and CBAmembership.Makethemostofyourmem- human sex trafcking. On the other hand, commentators have argued that using a bershipinvestmentandcheckoutthesesavings! federal criminal law to prosecute consen-

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