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Judges may take into account a diminished mental capacity when deciding whether to give a convicted child pornographer a downward departure under the federal sentencing guidelines, the 2nd U.S. Circuit Court of Appeals has ruled. While the case was unique for the 2nd Circuit, Judge Wilfred Feinberg said that other circuits have found that diminished capacity as departure is available in child pornography cases.
December 03, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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