REASON: Federal Judges Are Increasingly Rebelling Against ‘Overly Severe’ Penalties for Nonviolent Sex Offenders
Two recent reports from the U.S. Sentencing Commission (USSC) shed light on the legal treatment of sex offenders and further undermine the prevailing assumption that all members of that broad class pose similar threats to public safety. That assumption, which underlies both harsh punishments and indiscriminate registration requirements, is demonstrably wrong.
In fiscal year 2019, according to a USSC report released this week, the average federal prison sentence for child pornography production offenses was nearly 23 years, reflecting the gravity of such crimes, which entail direct involvement in sexual abuse. By comparison, the USSC reported in June that the average sentence that year for nonproduction child pornography offenses, which involve possessing, receiving, or sharing images, was about eight and a half years.
The fact that sentences for production offenses were treated more severely makes sense, but that does not mean the sentences for nonproduction offenses were just or reasonable. These crimes do not involve contact with children and may consist of nothing more than looking at pictures, which in the context of online sharing counts as both receiving and possessing child pornography.
People who think the problem is that some offenders are getting off too lightly tend to believe that anyone who looks at child pornography is inclined to abuse children, so it is best to lock them up for as long as possible. But the USSC’s recidivism data suggest that belief is mistaken.
The commission tracked 1,093 nonproduction child pornography offenders who were released from prison in 2005. Three years later, it found, 3.3 percent had been arrested for a “non-contact sex offense” (which would include possession of child pornography). But just 1.3 percent had been arrested for a “contact sex offense.” Even allowing for crimes that were not reported, these finding suggests this category of sex offenders is far less dangerous than people commonly imagine.
The researchers noted that their results “challenge some commonly held beliefs about sexual recidivism and have implications for policies designed to manage the risk posed by convicted sexual offenders.” Such findings are clearly relevant, for example, in assessing the merits of state laws that require sex offenders to register for periods ranging from 10 years to life.
The premise of those publicly accessible databases—which invite ostracism, harassment, and violence while undermining rehabilitation by making it difficult to find housing and employment—is that all of these people pose a continuing threat. The evidence shows that assumption is faulty even when limited to people who have committed predatory crimes. It is especially erroneous when applied to nonviolent sex offenders.
I don’t suppose they would think to make that more lenient philosophy apply retroactively to sentencing and registration. Sigh.
Veritas.
They could do that, and if you have the money for an attorney it’s worth asking. Nothing ventured, nothing gained.
While this article or topic makes very good sense it also says a lot about American Government.
I brought up the movie “Cool Hand luke” I can’t remember if it was here or in ACSOL but their is really good truth in this article. One can look at this Article in a good positive and yes the registry is disstructive in many ways.
I even wondered why I brought up the movie “Cool Hand Luke” as a comparison, I’m sure that would be the last thing one would think about to get thrown in jail on. Yes I use to be a weekend warriror. Was in jail with a man that use to caddy for my dad at the golf course way back when. Guess thats what gave me the inspiration to take up “Criminal Justice”.
Sure I had a tough time graduating from High School but my grandmother was on me about graduating. See most families back in the late 18 hundreds didn’t get a chance to graduate and yes it was for many different reasons.
Here I am in my mid to late 60’s and a bit castrated by this government abuse as are many. Sure I have people even a brother that lives in the Sarasota, Tampa area. Florida is a good State. Had an uncle that lived in Ft. Lauderdale.
Even the history of Florida is an adventure of Pirates and treasure. Today with this registry it doesn’t make the “SunShine state” as impressive as it use to be. Don’t get me wrong I believe in government but I do not believe in “governmental abuse”. I would even think Cherokee would agree to that.
Even the way they treated the Indians would tell one something about Government. Now today we have human rights commettiee’s and laws that are to protect but many times government abuses such as in this registry. Whow, I feel like I’m writting a paper for one of my probation and parole classes back in the 70’s..
Sure we all could talk about Blind Justice or vain justice or who actually gets drunk on governmental abuse. Should one look at the sex registry and say somethings wrong. MOST DEFINITELY! It even takes law enforcment to a low standard of honestly and integrity. Talk about cheating on ones tax returns and my dad was an accountant
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I am sure as many that these advoaate’s are against much of this registry and yes the registry needs to go in many ways in this ordeal of this abusive agenta. I have to look up to Florida action commettie for presentating this article. I’m sure many would love to see much of this registry be banned. So is government using the sword in vain in many unjust ways?
Protecting by inducing? thats a bit double handed isn’t it for true justice isn’t it. Inducing by seducing or are all guilty even governments standards. Vain Justice or Blind Justice one should take a look at that today in Florida or many area’s of the USA in this situation.
FAC should make a forum boards in this site so we can have random topic discussions to post things to that might not fit the topic of the current posts by FAC. Like this for example;
https://www.cnn.com/2021/10/16/politics/stefan-bieret-us-house-child-pornography-possession-charges/index.html
Didn’t know where else to share it.
Federal judges need to be educated about the online sex sting scam that ICAC task forces have been running for years. Those running and protecting that scam are the ones that belong in prison. They are the ones promoting the sexual abuse of children by pushing their own fantasies on men on adult dating platforms who were clearly not looking for minors. How many of those men had actually ever even thought of anything like that before these bastards came along and started pushing this on them?
How they conduct online sex sting operations has nothing to do with protecting real children. In the end, it’s just a bunch of men (the decoys) pushing their own fantasies on other men, to trap them to use for this scam that brings in a lot of money. They also use this scam to advance their own careers or to keep their jobs. They are the sick ones. If anybody should be punished or go to prison it’s them.
Best way to educate judges is thru the defense attorneys that argue before them. Let’s be a resource for them and try to direct more people to our referrals page.