As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal judges to reject the proposed prison terms as draconian. Now two influential federal appellate courts have declared that the child pornography guidelines are seriously flawed. A decision in May from the 2nd Circuit and another this week from the 3rd Circuit suggest that trial judges are freer than ever to reject the guidelines in cases where the judge sees the suggested punishment as too harsh.
October 28, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal judges to reject the proposed prison terms as draconian.
Now two influential federal appellate courts — the 2nd and 3rd Circuits — have joined the trend and declared that the child pornography guidelines are seriously flawed, or at least that a trial judge wouldn’t be wrong for thinking so.
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