The hollowness of the child porn smear: Ketanji Brown Jackson has been bold and prescient
Soon after her nomination, it was reported that as a law student in 1996, Judge Ketanji Brown Jackson wrote a Harvard Law Review note analyzing the constitutionality of sex offense registries and that during her judicial career she did not always give the maximum sentence in child pornography cases. Unsurprisingly, she was immediately accused by Sen. Josh Hawley of “endangering our children” and not “protecting the most vulnerable.”
These entirely meritless allegations show the extreme risks of speaking the truth about our disastrous and cruel sex offense legal regime. While even conservatives defended her moderate and even “mainstream” child pornography sentencing history, calling the attack a “smear” that “appears meritless to the point of demagoguery,” others said it’s fair to “criticize her for giving too little weight to the public interest in protecting children from sexual predators” because of her early writing analyzing registries.
This is the reason our society is a complete load of crap that it is. Because our society focuses on chastising people, and simply making other’s lives a living hell, just because you don’t like them, or like their views. It’s nothing more than the bullie syndrome that apparently people never grow up from. They are no better than a bunch of monsters, in the fact of pushing their agenda onto other’s. We see it everyday and everywhere in our society, and most turn a blind eye to it. The media is also to blame, as they feed off of it. Human nature hasn’t changed since the dawn of man, and doesn’t appear to ever do so anytime soon.
Copied straight from this article and I couldn’t agree more. I mean every case deserves it’s own individual judgment. If not, then a person who commits larceny/petty theft for stealing a stick of bubble gum or a pack of pork chops could be sentenced to the same severity of someone who robs a bank for a few hundred thousand dollars. The same ideology and approach should be used in sex offenses and the registry.
Child pornography elicits extreme disgust, for good reason, but the wildly excessive sentencing guidelines now on the books are rooted in emotion and junk science. Judges have routinely questioned these sentencing recommendations, with critics on both sides of the political aisle arguing correctly that sentencing should be individualized, proportionate and based on the specific facts and nuances of each case.
In 2008, Federal Judge Robert Pratt noted that sentencing guidelines in these cases “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.” In 2010, Brooklyn Judge Jack Weinstein told the New York Times that the mandatory sentences for viewers of child pornography (as opposed to those who produce the pornography) are “misapplied” and “we’re destroying lives unnecessarily.”
And though Jackson’s law school note questioning registries has elicited less public support, that shouldn’t be the case. Decades of research have debunked the idea that those who commit sex offenses, including those who consume child pornography, can’t stop and won’t stop and therefore any punishment is justified.
Tim
I agree whole heartedly. Even though there were not a lot of internet or cp charges when I was arrested, I have spoken with a few guys while registering. Some want to stay to themselves, register and get out. Others blab their life story to anyone that will listen.
Anyway, several of the guys have said how much time they got for viewing porn and it was more than I got for actually being accused of physical contact. And I agree with FAC, illegal is illegal so I am not justifying or downplaying what I or anyone else may or may not have done.
My point is, depending on the judge, prosecutor and lawyer you have, you could get anywhere from probation to 20 or more years in prison, for the same freakin charge. And to add to that, most of us are here on this website due to a life sentence on the registry. Many times I think the registry is worse than my prison sentence. At least I had a goal and a way forward to end my sentence.
CherokeeJack
I was sentenced to 1-4 years in prison, which I had to do 6 months to two years under the Good Time Law of the state of my conviction. Along with my prison sentence I had to register for 25 years. In 2014 I moved to Florida aka Forever Punishment State and now I’m on the registry for life and death. Prison at least has an end; while the registry is one continuing punishment even in death. How the Hell did these ridiculous laws ever get passed? I’m not a SO, Offender, but I am pissed off at our legislators and members of Congress for being dumb on crime.
Brandon being “dumb” on crime may be smart on politics. No politician was ever elected by running on a platform of being rational on crime.
Fear and loathing are powerful vote getters. Snarling and growling, Ă la Senators Cruz, Hawley and the apoplectic Graham, are often substituted for effective leadership. In reality, “alphas” don’t bark and intimidate. They don’t need to. That is left to the lesser beta males/females.
ED C
Since being on the registry, I have been a victim of crime over 30 times. I stopped even making reports anymore since only once did the police do anything about it. Most of the time they wouldn’t even come out. They say do a report online. Nothing is ever done or followed up on and probably goes through an industrial shredder.
House broken into, Graffiti, Diapers thrown in yard, Nails in tires, scratches on vehicles, Items stolen from property, Motion lights damaged, Trash cans pushed over into street so the garbage men wouldn’t pick them up, security cameras tampered with and rocks thrown at house. (That was the one where the two deputies actually went to the house of the two kids and then came back to our house and promised there would be no more trouble from those two, and there never was)
I do realize that there is a LOT of crime and solving murders, robberies etc are more important than a kid throwing a rock at your house. I use to work in law enforcement, I get it. But it not my fault I was put on the registry and have to endure this because there was NO registry when I was arrested or sentenced so had no say in the matter.
And now we are ALL targets, with the public knowing full well the cops despise us with many secretly happy we are being attacked.(Although that part is my opinion, we all pretty much know that is true to an extent). Things did die down a bit once people got use to us, THEN Nextdoor app came out and got everyone all fired up again. Instead of just viewing the registry, now they can post messages and send out warnings and say whatever they want about us. We have no say since we are banned from that site, along with anyone who lives in our household. (That alone is punishment for our families, being banned for something someone else did).
Cherokee Jack,
Same here. I actually had physical contact with my victim as well. I don’t want to downplay or exaggerate the severity of actual view of CP. However, back around 2007-2008 I was told by the IMT therapist that viewing CP actually creates hundreds, possibly thousands of victims. Even though the person viewing CP is not physically touching them etc. They are still being the consumer that creates the atmosphere of those victims to be victimized by the person who is actually creating the CP. It’s kinda like a drug user buying their drugs from the drug dealer. The drug user is always easier to catch than the dealer. With that said, I also realize that some CP can or possibly be inadvertently downloaded/viewed by a complete accident or innocent mistake. That’s why I believe every individual case should have it’s own individual judgement. Unlike the impression that I get from Ted Cruz and a few other Republicans that are saying Judge Jackson is “to soft” on sexual predators. Then listed like 8 CP cases to try to make a point and smear her sentencing guidelines.
Tim P.
Also, some of the photos viewed could legit be 18 but look 14. I got pulled over several times when I was 16 driving, because I looked like I was 11. Funny because of all the stress in my life, now I could pass for Clint Eastwood (The current 91 year old version LOL)
CherokeeJack
Should we start calling you Clint Eastwood? I can’t imagine all the harassment you and others have gone through being on the naughty list. Crazy to think the ones who are harassing you for being a monster and the true thing. I don’t know how long you’ve been where are, but I do know you aren’t a threat to anyone. Hopefully someday you can live your life without the registry and FAC volunteers can retire. Till then never give up or give up and fight for what you believe in. Truth is on our side, just to many need to stop being afraid of reality.
Brandon
I once wrote on here that I really wanted F.A.C to go out of business, close shop, and go away. After typing that, I immediately clarified, that I meant, I hoped someday there would be no need for them. We all do our time if we committed a crime. The difference is, after we have completed our obligation, not add B.S garbage onto our sentence and call it Non punitive in nature, and/or for life.
CherokeeJack
I hope FAC and other advocacy groups missions change in the future from reform registration laws to rehabilitation of people back into society. Can’t imagine being a volunteer helping registrants with advice or other resources while being optimistic when things may not be hopeful. A person who does that has a lot of heart, courage, and a spine to help people most would shun.
Brandon
I wonder how many people who come on here do not realize how FAC started. The lady who started FAC did it because of her son being placed on the registry. It is always nice to have someone running and organization that has a personal connection to them. That drives the passion. What happens to us/our family is also happening to her and her son.
Can you imagine a person taking over a pet shelter that hates animals? Can you imagine a dentist doing heart surgery? Everyone once in a while she will come on and post a message or comment. You know when she does that, she is really fired up.
CherokeeJack
Your talking about Gail, the founder of FAC, I read her messages on here and I’ve listened to her on podcasts talking about the registry. She gets it and I think Florida registrants are in great shape with her at the helm. It’s easy to get flustered with what’s happening in Florida regarding the registry and restrictions; which can get a person into a frenzy losing focus on the end goal: abolishing the registry.
All, let’s be cautious about broadcasting the specifics of members’ backgrounds or those of their family members, unless they themselves are publicly sharing it.
“They” give you the disease, and sell you the cure. People like Cruz et al are all controlled assets. Honey traps and blackmail are nothing new to politics. Child porn just ups the game for “ them” whoever “ they” are.
The recent case of underage this and that with Matt Goetz in FL, the Epstein circus, or the Israeli contractors indicted for CP distribution are just a few examples. I provided a glimpse of how it works above.
Viewing porn is an entirely separate physical and emotional event that having sex of any kind- the equivalent of watching movies about war, versus actually killing people.
Apples v. Oranges
Yet Dick Cheney et al. have yet to be indicted for viewing war snuff films.
It’s not too late….
ROGS…..
…SCOTUS, in the Jacobellis Case in 1964, really has defined Things…
As Justice Potter said. “I know it, when I see it”…His Roth Test to Protected Speech!
How many Senators know images of their children in the bathtub or on the toilet are considered CP? How many Senators know teens can be convicted of CP and placed on the registry? How many Senators can truly define pedophile? How many Senators know their beloved registry has put children as young as nine on it? Even if someone is convicted of CP doesn’t mean that they had images of nude infants and/ or toddlers because any age under 18 is technically a child under the law.
As I watched the hearings I’ve never thought a nomination process would be worse than watching a train wreck. Truly insulting how some of our overpaid Senators treat a nominee regardless of party. To be fair both sides do it and either way it’s disgusting.
Brandon
They were using the “Shock and Awe!” effect. Get the public all fired up about an issue and make them scared of the candidate. “OMG, this horrible women is a supporter of child porn”.
Even though the public really has no say at all in who gets appointed to the supreme court, most of them in power have already made up their minds even before the debates started.
CherokeeJack
Are you trying to shock and awe my conscience? I know that I don’t buy the nomination bs and I hope a meaningful conversation can occur regarding sex crimes and the punishment that a person received is overzealous. Time for this country to be smart on crime!!
That is interesting because, the above states 1996. It was not until 1997 that Florida went live where their foolish shame list. I wonder if she had a relative that was accused (maybe even falsely accused) of something in the past and that inspired her to become a lawyer.
Or maybe as a young law student she had to pick a cause that no one else wanted to touch and make it her own. A good professor would pick a student they saw potential in and send them over the cliff on purpose, knowing they had the fire to grow wings and fly to amazing heights.
I do not know her and had never heard of her before all the recent events. I just pray that if she does get confirmed, she won’t forget us.
Although I would never advocate such behavior nor revel in one’s downfall, however, were a CP event to happen to Josh Hawley, I would certainly see the shottenfreude of the situation. I wouldn’t celebrate, but I may crack a smile. Maybe even a beer.
Alessandro Serano, a head of the Underground Railroad group, testified today that regises were needed to track CP viewers, but offered no great reason as to how well it worked. She offered in her testimony no explanation as to how Jackson is soft on CP other than to lump her in with other judges. Granted she, Serano was a Republican rebuttal witness, so it’s hard to say if she completely believes everything that she testified to. Serano is a former prosecutor so I would like to know what she really wants. CNN had a link to her testimony.