A German ex-parliamentarian is being investigated for possessing child pornography. Prosecutors and other experts are often forced to make difficult distinctions on whether a given image crosses the line into illegality. When it comes to the legal definition of child pornography in Germany, a large grey area exists. Just by entering relevant terms in a search engine or trying to open a picture on a computer, individuals can face prosecution. That’s because searching for and attempting to obtain child pornography are illegal in Germany, just as the possession of such…
Read MoreDay: February 15, 2014
Appellate court rejects “past as prelude” myth
In a strongly worded ruling, a federal appellate panel has ordered that a Native American man be freed from civil confinement due to evidence of his rehabilitation while in prison. Both a judge and an expert witness had downplayed this evidence, condemning the man as a future risk based on long-ago transgressions, the Fourth Circuit panel concluded. Full Article
Read MoreBreaking our prison habit
It’s too soon to declare victory in the long struggle to end our tragic addiction to mass incarceration, but America shows unmistakable signs of finally shaking off the deadly craving — and not a moment too soon. More and more Americans are realizing our status as the world’s largest jailer comes at a shocking cost in dollars and human lives with little benefit to public safety. At the end of 2012, America had 5% of the world’s population, but more than 25% of its prisoners — more than 2.3 million, a…
Read MoreSentenced young: The story of life without parole for juvenile offenders
Opponents of juvenile life without parole point out that the same limitations that make children less culpable for their criminal actions also apply to their experience in the courtroom. “Many young adolescents … are not developmentally and intellectually mature enough to be legally ‘competent’ to stand trial,” Human Rights Watch and Amnesty International wrote in their joint 2005 report. The report points out children’s unique vulnerability to making false confessions, not recognizing bad advice from their defense attorneys and not understanding what is at stake during their trials. Full Article
Read MoreCosta Mesa City Council to revisit sex-offender park ban [UPDATED]
UPDATE: Motion to repeal passes 5-0 The Costa Mesa City Council on Tuesday is scheduled to consider instituting a reward for help in identifying vandals and repealing a law that aims to rein in the movements of sex offenders. The Police Department has recommended that the council consider revoking a 2012 ordinance that bans registered sex offenders from entering city parks and sports facilities without law enforcement permission. Costa Mesa’s ordinance was similar to ones passed by the Orange County Board of Supervisors and Irvine City Council. Two state appellate court decisions, however, have ruled against the legality…
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