How campaign rhetoric about child porn made it to the Supreme Court hearing
Since 1990, when Congress first voted to make the possession of child pornography a federal offense, the law has moved toward stiffer penalties, and never toward relaxing them. (Making and distributing child pornography was made a federal crime 13 years earlier.)
When voters have gotten their say, judges seen as stopping short of the sentencing guidelines have landed in political trouble. Emily Horowitz, an academic who’s written critically of pumped-up sex offender laws, pointed to the fate of Aaron Persky, a California judge who handed down a six-month prison sentence in a college rape case, and was recalled by voters within months.
The discussion about sentencing guidelines has happened in public, with the U.S. Sentencing Commission studying its own standards and asking whether they should be more nuanced. In a 2012 paper, the commission suggested that “the current guideline produces overly severe sentencing ranges for some offenders, unduly lenient ranges for other offenders, and widespread inconsistent application.”
With the hearings of the new Supreme Court nominee, the rhetoric is back on the front page. The nominee has publicly spoken about the unfair distribution of punishment towards offenders, and the politicians are beating her up for it. Additionally, they consistently call the offenders child predator’s and rapist, categorizing everyone on the registry as such. Pretty pathetic if you ask me.
Fish…
Once Again, and Time After Time, The Media and Others Always Use the Wrong Terminology…
Even, People who Post on Here are Guilty of Libeling US!
When People Use The Term SO, That Means, That that person is still offending-it is a Term that is in the Present Tense of the English Language.
The Term, FORMER FELON, for example, Should Be USED!
-That is the Correct Verbiage, in my small humble opinion!
And Once, FAC, takes issue and uses ONE TERMINOLOGY, then, I think, The perception and focus, overtime, will take more of a positive precedence!
Thank You All!
Truth
I do not want to even be labeled as a former felon. I prefer Jack, A human being, a U.S natural born citizen (11 generations I can trace back through my Cherokee half), a person, a father, a grand father, a son, a friend, a neighbor, a tax payer, and a believer in God.
Instead we get Felon, Sex offender, Predator, Inmate, prisoner, probationer, Sicko, creeper, the weird guy who lives in “That” house, and the list goes on. I just wonder what secrets those who judge us themselves have in their closets?
CherokeeJ
I am mostly referring to When LEO’s Address US!
They call US all Kinds of Things which are Slanderous…..
At The End of The Day We Are ALL Citizens!
T&S, Cherokee:
Using terms like “child molester” are what I could expect from the ignorant and those meaning to demean others. On paperwork for me, the prison’s OWN system had me down as an “Amy J. Child Molester” and another down as “sex offender.” (No one else was called a drug lord, thief, or murderer.) This contributes further to stigmatize and I’m wondering if a lawsuit could be successful.
The federal sentencing guidelines under 2G2.2 for simple possession of CP are horribly flawed. They are not based on any empirical evidence. A federal defender named Troy Stabenow (not sure of the correct spelling) wrote an extremely useful critique that many defense attorneys use as evidence (often in futility) to show courts sentencing disparities and flaws. That treatise is worth a look too. I encourage FAC to find it and post it in the “resources” section. It’s called “A Primer On The Flawed Progression Of The Child Pornography Guidelines.”
I have been watching the hearings and trying to follow the coverage. I do watch all channels and perspective because a thing I learned in the army the truth usually lies somewhere in between it all. But, she did say on one of her responses is that congress makes the laws and they say how the judges are to handle those. I think she will be good on the supreme court and not for my benefit but because she seems good. Also this all could blow up in our faces of Congress decides to go crazy with me laws and harsher punishments.
Dear Facts,
I’m getting the squeamish feeling that Congress will soon update the laws on CP. I think they will have a knee jerk reaction and make registry laws and CP laws much harsher. I think they will make a law that forces the US sentencing guideline to be mandatory instead of discretionary.
I’m a glutton for punishment obviously because I’ve watched this for the last two and a half days. She has done well, but she has said repeatedly that it is Congress that makes those laws. She’s not wrong to say that, but it sucks to have it out in front of the country like that. Only time will tell though.
Facts…
Yes and No..She was Responding to How She Rules on the Rule of the Law as Outlined by Federal Sentencing Guidelines….In Her Humble Opinion, The Federal Sentencing Guidelines on Sex Based Crimes are Not Aligned; She is NOT LENIENT; She is Stating that the Guidelines are not Judicial and May Need Re-thinking per each individual Case…She Weighs BOTH SIDES, with EQUALITY!
…Trust Me, She Feels ALL Victims Pains; if there is an actual victim!
Bon Appetite and Cheers!
I hope not. When it comes to punishing us, they love making that crap retroactive and pretty sure that states would follow along.
mbgodofwar
The good news, numerous judges have ruled that certain registry laws cannot be applied retroactively. What is weird though, why can’t they rule the entire registry should not have been applied to those “Pre-registry” arrests / sentencings?
I agree with the statements above. I had never even had a speeding ticket before my arrest (Or I wouldn’t have been able to be a cop). I gave the prosecutor everything she wanted. Plead guilty to things I did not do (And some I did) and did not go to trial.
I was a first time offender who took responsibility. Paid for my own lawyer and not a single person showed up for the sentencing or any of the hearings. No victims show up. Even years later when I went on an appeal and won (release of sentence appeal) Not a single person opposed other than the prosecutor.
And what did I get for this first time offense? 26 years. And again, the registry was applied retroactively for me and many others. So how can you add something on that we did not even get a say in whereas people arrested after the registry at least could somewhat bargain using the registry as a pawn of sorts.
Our biggest obstacle is just what is happening to the new supreme court nominee, no judge wants the exposure she is getting for being accused of being soft of sex offenders, sex predators, child rapist, etc etc, ad nauseam.
It doesn’t help when politicians equate CP distributors and possessors as “sexual predators.”
That’s right damnit! If people can be sued these days for using the wrong pronoun then they should be able to used the correct term for the individual but that sex offender or sex predator!
Sex truth
A few years ago (I do not remember who it was) Someone accused someone famous of touching them inappropriately and on tv called them a sexual predator. So I agree you should not touch someone without their permission. (I even ask if I can give a person a hug these days).
Having said that, to call someone a predator based on one wrong touch is a lonnnnnng stretch don’t you think? We have become so PC that we get in trouble for an innocent joke, a pat on the shoulder, a wink or smile can put you in the hot seat of rumors. “You have to watch that guy, he keeps winking at me, he must be a predator!”.
And how many times do we watch the news and one of our famous sheriffs in Florida is on the news catching more people in a sting. Before any of them even get a court hearing, the sheriff, the news, the public the prosecutors or all three are already labeling them predators.
“the current guideline produces overly severe sentencing ranges for some offenders, unduly lenient ranges for other offenders, and widespread inconsistent application.”
I think that about sums it up.
Thank you 😐
Senator Lee just stated we engage in re-victimization for our lifetime.
What is wrong people? Everyone can change but us? They think the worst sin is sex. Not stating being abused is ok, but if I had a choice of being ravished by someone by force or being murdered, I would not want to be killed.
And yet sex offenses seem to always be the worst sin/act a person can commit. Even worse than the bombs dropped during WWII that killed tons of people. Hitler, Putin and Charles Mason combined are more liked than we are. We do not seem to get a 2nd chance.
We are often told by F.A.C not to compare ourselves to the Holocaust. I understand that because the Jews did nothing wrong other than being accused of being a hated race/religion. I visited concentration camps in Germany about 15 years ago. I was in tears of the horrors they went through.
Having said that, they were killed and got no second chance. We are alive and cannot even get a 2nd chance. In Flor-a-duh we have to be punished for life with no goals to reach. I have moved at least 20 times since My release from prison. I am tired of moving and have told my neighbors “You move because I am not going anywhere!” I cannot stand Chess, but right now I am living a game of chess and I do not intend to lose even if I have to stall the game indefinitely.
Don’t let anyone define you as the government label, you are more than whatever happened in your past. It takes courage to take responsibility and to live your best life even when others don’t like you. Honestly it’s their loss not yours. Never trade in your chess board even during trying times. All registrants have different experiences, yet we share similar experiences on the registry. When we put our minds and experiences together we can move mountains. Never surrender till the highest peak has been climbed and freedom is restored.
Dramatic for sure however, a total LIE.
Sex offenders should endorse political candidates that understand the angst those on the list face everyday of their lives over just one mistake.
Anyone that uses the term sex offender can go kiss a curb and they lose all credibility. I’m not a current offender and anyone who uses that label is part of the problem. Get your head out of the clouds and get your shit together by using appropriate terms.
Brandon
I think, as a friend, you are being a bit harsh on this person. He seems to be a new and I sometimes slip up and refer to us as sex offenders but am getting better and using the correct term/terms.
We all agree once our eyes are opened that unless we are still offending, we are no longer sex offenders. And we all agree that that term alludes to us driving around looking for victims to offender against.
But jumping on a someone does not help us get new people on the site. I am not trying to be all hugs and unicorns, just I have been that guy here sometimes getting jumped on that almost made me leave. That is all, I will go back to my man cave now and watch paint dry.
CherokeeJack
Looking at it in that perspective I agree with you and yes it’s harsh. Honestly I hate calling people out on terminology because they see things through different and that’s fine. Personally I don’t like being called an offender and I admit it’s sometimes hard to find a term that isn’t offensive to everyone. I welcome all even though we might not agree on the first few pages, but we agree in the overall goal: abolish the registry. I’ll relax and not be quick to judge a comment because I hate when it’s done to me. Thanks for putting me in my place when I’m wrong and out of line. Great I’m not having a decent track record.
Well, not gonna tell you to kiss a curb and I don’t call myself a SO, but I get your point. However, finding political candidates that understand the pointlessness of the SOR and want to do something other than punish (or “not punish” ) is like finding a needle in a haystack.
To: mbgodofwar
Once when I was registering at my previous county I lived in, there was a long line. Some in the line stay to themselves and others blab their life story to anyone who will listen. If you listen, sometimes you hear crazyness, but other times you get some good stories and some insight.
One fellow told me how he got a new lawyer because the public defender was caught telling another lawyer “I hate defending these sick *ucks”. The other attorney actually reported the public defender to the judge.
The guy still ended up with a sentence but at least got a new lawyer. But just makes you wonder what lawyers talk about when their clients are not around. Are we all just a payday for them?
I feel at odds with my defense attorney: A friend wrote and commented that the money I spent on defense just went to buy my lawyer a new Rolex (never stated as fact), but I also think he tried what he could to get the best mutually agreed-upon and court-decided outcome that he could. :-/
I remembered calling a local place for a job, talked to the guy in charge, and asked if people on the SOR could work. He didn’t go into details, didn’t know who I was nor asked, didn’t ask if I had a criminal record, or event got vulgar about it, but the way he said, “we can’t let people like that work for us” made me think that his talks of second chances and forgiveness didn’t apply to those of us on the SOR.
More often than not it doesn’t. The second chance attitude that some people claim to have is hypocritical. It’s something that has made me cynical. All of that talk about moving forward sometimes is just that. Talk.
That being said, endure. Don’t quit. Don’t give up. Put your faith in a higher power. Don’t let those people win. Be better than they are. Keep moving forward. You are not alone. Okay, I am done preaching.
mdgodofwar
Yeah it is sad. Many places will hire thieves, Murderers, con-men, drug dealers, former prostitutes, violent offenders, drunks, etc and give them a second chance. But put the word sex offender in there, and Satan himself has a better chance of getting the job than we do. Heck they might even give Charles Manson the job before considering us.
For many of them we ARE just a payday, at least the useless charlatan passing as an attorney I had in Orange County.
It seems others agreed as he was sanctioned for inadequate counsel and ultimately disbarred from practicing law in Florida. Unfortunately too late for me as the damage was done – so yes WATCH OUT for that type.
Sex truth
Shouldn’t that have allowed you an appeal based on “New” evidence of inadequate council? There is no statue of limitations on new evidence in most cases.
Senator Hawley has introduced a bill to strong penalties for CP cases, which we shouldn’t be surprised and to be watchful of blanketed bills affecting all of us so called “predators”. The only predators I see are Congress taking our rights based on myths. Stop beating a dead horse already and allow all to ride in freedom.
Brandon, please give us a citation to the bill you are referencing. I searched through all of the bills introduced by Senator Hawley (https://www.govtrack.us/congress/bills/browse?sponsor=412840) and was unable to find the one you are referring to.
FAC # 3
It’s called the Protect Act of 2022 and on Senator Hawley’s Press Office Twitter page. There’s a story on Yahoo News by Jon Brown titled, Hawley introducing bill to ensure strong penalties for cp possession, which was published yesterday.
Brandon
They are afraid of the headlines and their careers. Can you imagine the headlines “Senators release 1000’s of sexual predators onto the streets to do what ever they want without restraint”.
Hawley.senate.gov also has information on his bill under press releases. I tried copying the link, but technology doesn’t want to work.
Ahh – it has not been introduced yet – he intends to introduce it. Thanks for this.