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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.”
“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
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.
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.
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?
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.”
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.