Debate rages over severity of child-porn sentences

http://abcnews.go.com/US/wireStory/debate-rages-severity-child-porn-sentences-16238937
Debate Rages Over Severity of Child-Porn Sentences
By DAVID CRARY AP National Writer
April 29, 2012

Their crimes are so loathsome that some hardened courtroom veterans recoil at viewing the evidence. Yet child-pornography offenders are now the focus of an intense debate within the legal community as to whether the federal sentences they face have become, in many cases, too severe.

By the end of this year, after a review dating to 2009, the U.S. Sentencing Commission plans to release a report that's likely to propose changes to the sentencing guidelines that it oversees. It's a daunting task, given the polarized viewpoints that the commission is weighing.

The issue "is highly charged, both emotionally and politically," said one of the six commissioners, U.S. District Judge Beryl Howell.
On one side of the debate, many federal judges and public defenders say repeated moves by Congress to toughen the penalties over the past 25 years have badly skewed the guidelines, to the point where offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child. In a 2010 survey of federal judges by the Sentencing Commission, about 70 percent said the proposed ranges of sentences for possession and receipt of child pornography were too high. Demonstrating their displeasure, federal judges issued child porn sentences below the guidelines 45 percent of the time in 2010, more than double the rate for all other crimes.
On the other hand, some prosecutors and members of Congress, as well as advocates for sexual-abuse victims, oppose any push for more leniency. At a public hearing in February, the Sentencing Commission received a victim's statement lamenting that child pornography offenders "are being entertained by my shame and pain."

"They need to be taught how much pain they inflict and a greater term of imprisonment will teach them that, (and) will comfort victims seeking justice," the victim said. "I don't believe that short periods of imprisonment will accomplish these things."

Once completed, the Sentencing Commission report will be submitted to Congress, which could shelve it or incorporate its recommendations into new legislation.
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