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PORNOGRAPHY SENTENCES TOO HIGH?
Posted on September 10th, 2009
zshapiro
In a series or regional meetings the United States Sentencing Commission has heard testimony that the Sentencing Guidelines for possession of child pornography are too high. According to an article in the National Law Journal, several judges testified at a Chicago meeting that guidelines for possession as contrasted to guideline for conveying or manufacturing child pornography are too high.
According to Chief Judge Gerald Rosen of the Eastern District of Michigan the guideline for the individual who receives a single video on-line may be greater than the guideline for the individual who repeatedly rapes a child over a period of time. Chief Judge Frank Easterbrook of the Seventh Circuit Court of Appeals pointed out that while a bank robber may get ten months a person charged with downloading child pornography may get 480 months.
The factors that judges must consider in sentencing an individual, for possession of pornography under the Sentencing Guidelines are part of the problem. For example the use of a computer to possess child pornography or the use of file sharing will significantly increase a sentence. Judge Rosen stated that the commission might consider volume of the pornographic material instead of the technology used to possess it.
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