Federal jurisdiction is a great thing – when you can get it. And all too often, attempts to get it are too clever by half.

From Michigan comes the allegation that making “children cook, clean, and do the laundry,” and beating them if they don’t, constitutes “forced labor” under 18 USC § 1589. The Sixth Circuit ruled Monday in U.S. v. Toviave that state-level child abuse doesn’t violate federal law – or, at least, it’s not “forced labor.”

Michigan authorities became involved after allegations that Jean-Claude Toviave, a former tennis pro from Togo, was beating his children, The Associated Press reports. The feds got involved when a state investigator suspected the children might have been brought here illegally.

‘Child Abuse Is a State Crime, but Not a Federal Crime’

“Why is this [case] not tried under the child abuse laws?” asked one perceptive juror during the trial. Michigan apparently tried to add up household chores and beating to equal forced labor, but the Sixth Circuit wouldn’t have it.

The Sixth Circuit had to walk through a minefield here. On the one hand, it repeatedly condemned the “reprehensible, abusive force” that Toviave used. On the other hand, it couldn’t find that “household chores” were such onerous forms of labor that the federal forced labor statute became involved. Add all that to concerns about federalism.

Related Resources:

  • Court throws out conviction of African man charged in Michigan with forcing kids into labor (Detroit’s WDIV-TV)
  • Spurned Wife Loses Appeal for Poisoning Pregnant Mistress (FindLaw’s U.S. Third Circuit Blog)
  • It Turns Out You Can Forfeit Assets You Don’t Have (FindLaw’s U.S. Sixth Circuit Blog)

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