ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Research Blogs -> New York Supreme Court Criminal Term Library

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Research

: New York Supreme Court Criminal Term Library

Some Federal Judges Say Child Pornography Penalties Are Too Harsh

By David Badertscher, PLL

ADVERTISEMENTS
<p><font size="2"><strong>Source: </strong><em>Crime and Justice News, </em>October 24, 2008.</font></p> <p><font size="2">"Are people who download and view child pornography but aren't molesters as much of a threat to society as rapists or murderers? The Wall Street Journal says that question is being raised by federal judges in response to tough sentences meted out to consumers of child pornography. The average federal prison term for possessing, receiving or sharing child porn jumped to roughly seven years in fiscal 2006 from about three years in 1994. In federal cases, the mandatory minimum for downloading images is five years in prison without parole." </font></p> <p><font size="2">"Sentencing guidelines for such crimes 'do not appear to be based on any sort of [science] and the court has been unable to locate any particular rationale for them beyond the general revulsion that is associated with child exploitation-related offenses,' federal judge Robert Pratt of Des Moines saiid this year. He gave a seven-year sentence to one defendant, even though the advisory guidelines called for a minimum of 18 years. In possession cases with no evidence defendants sought to abuse minors, several judges are giving much lower sentences than the guidelines intend, which they are allowed to do if they believe the recommended punishment doesn't fit the crime. Jack Weinstein, a federal judge in Brooklyn, threw out a conviction, saying that he had infringed on the defendant's constitutional rights by not informing the jury of the 'harsh' five-year mandatory minimum term for receiving child pornography. In fiscal 2008, U.S. attorneys brought 2,211 computer-based child exploitation cases, the vast majority against child pornography viewers, who mostly pleaded guilty. That was more than double the number five years earlier." </font></p> <p><a href="http://rs6.net/tn.jsp?e=001bXlSYd47-TjcAeiQ1RUZXDavZEpUhNXEEBqh360E71kyzQrLL279macBz05t17oIyNbM2-D3OOgA9mYXF4vgOVW1i0U-jGDRhmKNWo6v5BnQ1ydXWAI_4RWsjge8gj5cIhy9UTXd7fVbBTHAQwVa0MYLDypvATAvc3Xo1P5CGWG5Muu_c_-0If-CxPUi66VU" shape="rect" color="#0000FF" target="_blank"><font size="2">Wall Street Journal</font></a><font size="2"> </font></p>

Full post as published by New York Supreme Court Criminal Term Library on October 24, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0034 secs (from cache 10/31/26 10:03:21)