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2011: A Quiet but Growing Judicial Rebellion Against Harsh Sentences For CP Offenses

Federal criminal sentences should be “sufficient, but not greater than necessary.” They should fit the crime, provide for “adequate
deterrence,” “protect the public,” and promote rehabilitation. Since the Supreme Court decisions in Booker and Kimbrough, federal courts again have great discretion, within certain limits, to decide appropriate federal sentences. Congress, however, has taken pains to limit that discretion with regard to child pornography offenses, and the federal courts, in a series of judicial decisions across the country, including recent Second and Third Circuit decisions, are firmly rebelling. The questions arise: Are the courts right? Has Congress gone too far in its desire to punish this undesirable type of criminal conduct?

Full Article (pdf), Champion Magazine, National Association of Criminal Defense Lawyers (NACDL), Oct 2011

Join the discussion

  1. Robert Curtis

    Ladies and gentlemen,
    There is a profound truth about shining light. You walk in a closed in dark room and light the smallest of candles. say one that goes on a birthday cake. That little light chases away the greatest of darkness in that room. Ever notice darkness only runs from light never overcomes it. A shadow can be cast but what can a shadow do? nothing! although it can appear to be big at times, but it’s just a shadow. Lets shine a little more light of truth on the shadows of fear that seem to control the media and society as a whole. Standing together with truth in our hands and determination in our heart how can we fail? Who can stand against such? I believe in you (each of you) we need to believe in each other and STAND TOGETHER. TRUTH

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