February 27, 2013, 5:39 PM
Study: Judges Balking at Tough Child-Porn Sentences
"Judges are steadily reducing the punishments for child pornography even as the number of cases rise, according to a new government study on the matter released on Wednesday.
Sentences for convicted child pornographers are far longer than they were a decade ago, with the average sentence rising from 54 months in 2004 to 95 months in 2010, according to the study by the federal agency that establishes sentencing guidelines for judges to follow."
http://blogs.wsj.com/law/2013/02/27/study-judges-balking-at-tough-child-porn-sentences/
Wisconsin child porn law irks some judges
http://www.twincities.com/wisconsin/ci_22772685/wisconsin-child-porn-law-irks-some-judges
February 27, 2013
SENTENCING COMMISSION ISSUES REPORT ASSESSING PENALTIES FOR CHILD PORNOGRAPHY OFFENSES
"Judge Patti B. Saris, chair of the Commission, stated, “The Commission believes [what a fool believes, she sees] that all [sic] child pornography offenses are very serious because they encourage [how?] the sexual exploitation [weasel words] of children [and, you have a problem with that, why, do you think minors are not sexual beings, with rights and needs?] and perpetuate the harm [ah, not serious 'harm', then ... but, you believe, that your report proves (or even evidences) any causal harm?] to victims [legal term], particularly [ditto re. harm] when images are distributed on the Internet and permanently in circulation [ditto re. harm].""
http://www.ussc.gov/Legislative_and_Public_Affairs/Newsroom/Press_Releases/20130227_Press_Release.pdf
USSC
http://www.ussc.gov
Panel: change sentencing in child porn cases
http://hosted.ap.org/dynamic/stories/U/US_CHILD_PORNOGRAPHY_SENTENCING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
US Sentencing Commission releases big new report on federal child porn sentencing
http://sentencing.typepad.com/sentencing_law_and_policy/2013/02/us-sentencing-commission-releases-big-new-report-on-federal-child-porn-sentencing.html
Judges Are Starting To Let Child Porn Offenders Off With Less Jail Time
http://www.businessinsider.com/report-child-porn-sentences-too-harsh-2013-2
Study: Sentencing in child porn cases uneven
http://www.washingtonpost.com/politics/study-sentencing-in-child-porn-cases-uneven/2013/02/28/a97082b0-813e-11e2-a350-49866afab584_story.html
February 27, 2013
Doesn't the new USSC report necessarily rebut any appellate "presumption of reasonableness" for within-guideline child porn sentences?
"In short, the US Sentencing Commission is saying that the current federal guidelines for child pornography are broken because they give too much significance to some offense factors and too little to others, and thus guideline-calculated ranges for child porn offenses are "too severe for some offenders and too lenient for other offenders." Put even more directly, the USSC is here declaring that the existing child porn guidelines are not a reasonable means to ensure just, effective and proportionate punishment."
http://sentencing.typepad.com/sentencing_law_and_policy/2013/02/doesnt-the-new-ussc-report-necessarily-rebut-any-appellate-presumption-of-reasonableness-for-within-.html
*****
December 2012
Report to Congress: Federal Child Pornography Offenses
"This comprehensive report examines federal sentencing policy in child pornography cases. It focuses primarily on non-production offenses under USSG §2G2.2. One chapter also analyzes production of child pornography offenses under USSG §2G2.1. This report is the result of a multi-year study by the Commission and complements and expands upon the Commission's 2009 report, The History of the Child Pornography Guidelines."
http://www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Sex_Offense_Topics/201212_Federal_Child_Pornography_Offenses/index.cfm
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DOJ agrees with US Sentencing Commission that child porn guidelines are badly broken
http://sentencing.typepad.com/sentencing_law_and_policy/2013/03/doj-agrees-with-us-sentencing-commission-that-child-porn-guidelines-are-badly-broken-.html
The many (impossible?) challenges of federal child pornography sentencing
http://sentencing.typepad.com/sentencing_law_and_policy/2013/03/the-many-impossible-challenges-of-federal-child-pornography-sentencing.html
‘There will be no more victims,’ judge tells man at child pornography sentencing
http://bangordailynews.com/2013/03/04/news/bangor/hampden-sex-offender-sentenced-to-more-than-12-years-on-child-pornography-charge/?ref=polbeat
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New law limits judges' power in child pornography cases
http://www.fdlreporter.com/article/20130312/FON0101/303120114/New-law-limits-judges-power-child-pornography-cases?nclick_check=1
Penalties for child pornography differ under old law
http://www.fdlreporter.com/article/20130312/FON0101/303120071/Penalties-child-pornography-differ-under-old-law?nclick_check=1
Senate panel approves measure to strengthen N.J.'s child pornography laws
http://www.northjersey.com/news/NJ_Attorney_General_to_testify_on_child_porn_bill.html
N.J. bill would toughen penalties for child pornography
http://www.philly.com/philly/news/local/20130312_N_J__bill_would_toughen_penalties_for_child_pornography.html
Bill to toughen child porn penalties heads to an N.J. Senate floor vote
http://www.northjersey.com/news/state/Bill_to_toughen_child_porn_penalties_heads_to_an_NJ_Senate_floor_vote.html
Crack down on child porn, but leave judges discretion: Editorial
http://blog.nj.com/njv_editorial_page/2013/03/crack_down_on_child_porn_but_l.html
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