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Criminal Law

: Sentencing Law and Policy

"Restitution for Child Pornography Victims"

By Douglas A. Berman

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The title of this post is the headline given to this local public radio show on an interesting cutting-edge topic which I have covered at some on this blog.  Here is the set up: Traditionally, courts have punished those convicted of possessing child pornography with heavy jail time. But in a growing trend, victims are demanding that offenders pay restitution too. The approach is generating debate about how far courts can go in punishing people who are caught with pornography, but aren't the direct perpetrators of the crime. Guests: Ernie Allen, President and Chief Executive Officer of the National Center for Missing & Exploited Children and the International Centre for Missing & Exploited Children Steve Kelly, Attorney with the Maryland law firm Miles & Stockbridge and Commissioner on the Maryland Criminal Injuries Compensation Board Jonathan Turley, Professor of Public Interest Law at George Washington University; practicing defense attorney Some related recent federal child porn prosecution and sentencing posts: Effective new opinion discussing restitution in federal child porn possession cases Another thoughtful and notable district court opinion on restitution in child porn sentencing The latest (beneficial?) litigation front in child porn downloading battles Federal judge imposes large restitution punishment for downloading child porn Second Circuit blesses future medical expense restitution in child porn sentencing Federal sentence for receiving child porn includes forfeiture of home Strong sentencing opinion noting disparities in federal child porn downloading cases Yet another notable written opinion in a federal child porn downloading case More examples of sentencing uncertainty surrounding federal child porn cases "Prosecutors seek nearly $200k for child porn victim" continue to full post

Full post as published by Sentencing Law and Policy on March 09, 2010 (boomark / email).

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