Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

"The Efficacy of Severe Child Pornography Sentencing: Empirical Validity or Political Rhetoric?"

By Douglas A. Berman

The title of this post is the title of this new article by Melissa Hamilton that is forthcoming in the Stanford Law & Policy Review and is now available via SSRN. Here is the abstract: The federal sentencing guidelines for child pornography offenses are the subject of current debate among the leading institutions responsible for sentencing.  During the last two decades, Congress has broadened the scope of child pornography laws and increased minimum and maximum statutory sentences.  Congress has also uniquely intruded upon the United States Sentencing Commission?s normal institutional role by forcing higher sentencing ranges recommended by the sentencing guidelines.  A divided federal judiciary has played another role in the debate.  While many judges are using their recently awarded discretion to reduce child pornography sentences, often far below guidelines ranges, another group of judges adhere to the harsher guidelines in sentencing...continue to full post

Full post as published by Sentencing Law and Policy on October 12, 2010 (boomark / email).