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Fifth Circuit rules in child porn case that no proximate causation needed to get restitution under CVRA

By Douglas A. Berman

As Paul Cassell details in this post at The Volokh Conspiracy, on Tuesday "the Fifth Circuit gave victims of child pornography who are seeking restitution a significant victory [by accepting Paul's] arguments that the relevant restitution statute does not contain a proximate cause requirement for most categories of losses for which restitution can be awarded. As a result, a victim of child pornography need only show that she was harmed to receive, for example, restitution for lost income or psychiatric counseling expenses ? not that she suffered proximate harm from a defendant?s crime." As Paul further explain, the Fifth Circuit's ruling in In re Amy Unknown, No. 09-4123 (5th Cir. March 22, 2011) (available here), if "followed by other courts, the Fifth Circuit?s decision will likely significantly expand the restitution that child pornography victims will receive...continue to full post

Full post as published by Sentencing Law and Policy on March 23, 2011 (boomark / email).