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Criminal Law

: Crime & Federalism

Eliminating Demand for Prostitutes and Child Pornography

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If you're found with child pornography, you should expect to spend some time in prison - often many years.  Judges sentence the convicted to prison even when the convicted did not produce the pornography itself.  Possession alone will get you years.  Why?Judges and prosecutors insist that if people would stop downloading child porn, then the demand for child porn would decrease.  Decreased demand would lead to a decrease in supply.  But since you did download the porn, people who exploit children have an incentive to continue exploiting them - in other words, to provide a supply to meet the demand.  That's a legitimate argument.  Yet the government did not apply that line of argument to Elliot Spitzer, the former New York Government who committed money laundering and violated the Mann Act...continue to full post

Full post as published by Crime & Federalism on November 29, 2008 (boomark / email).

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