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Child Pornography Defense Lawyers

The Complex History and Uncertain Future of Federal Child Pornography Sentencing

Child pornography is undoubtedly a serious crime that causes significant harm. However, federal sentencing guidelines for non-production child pornography offenses have become increasingly severe over time, often driven more by political pressures and public outrage rather than empirical evidence. This has resulted in confusion, inconsistencies, and unduly harsh punishments that many argue are disproportionate to the culpability of offenders. Reforming these flawed guidelines will require nuanced conversations and a willingness to make difficult changes.

The Origins of Harsh Sentencing Requirements

Much of the current severity in child pornography sentencing can be traced back to various laws passed by Congress in the 1990s and 2000s. These include the Protection of Children from Sexual Predators Act of 1998 and the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003, which created numerous mandatory minimum sentences.The laws were passed in response to legitimate concerns about the growing ease of accessing child pornography online. However, some experts argue they were also largely reactionary, politically motivated efforts to appear “tough on crime” rather than driven by research on deterrence or proportionality.For example, Troy Stabenow, an Assistant Federal Public Defender, wrote in 2011:

“This Court’s scrutiny of the guidelines has led it to the conclusion that the [2G2.2] guidelines do not guide…[R]ather than exemplifying the Sentencing Commission’s exercise of its characteristic institutional role, they were congressionally directed.”

The Resulting Severity and Inconsistencies

Over time, these mandatory minimums and sentencing directives have interacted with existing guidelines in ways that many judges and experts feel are unjust or fail to adequately distinguish between offenders.Some key issues that have emerged include:

  • Disproportionate Ranges Relative to Culpability: The average guideline minimum sentence for non-production child pornography offenses rose from 98 months in 2005 to 210 months in 2019. However, some research suggests this fails to adequately account for factors like the content accessed or whether offenders have a history of hands-on offenses.
  • Increased Inconsistencies: One analysis found the sentences for 119 similarly situated possession offenders ranged from probation to 228 months. This disparity results from differences in charging, plea agreements, and judicial discretion.
  • Questionable Deterrent Effect: Harsh sentences are often justified as deterring potential offenders. But some studies suggest there is little marginal deterrent effect above five years incarceration.

Judges Are Increasingly Speaking Out

In response to these issues, many federal judges have explicitly critiqued the child pornography guidelines or handed down sentences well below the recommended ranges.For example, Judge Jack Weinstein of the Eastern District of New York has written extensively about flaws in the current sentencing scheme for non-production offenses. In one 2008 case, he highlighted the lack of empirical basis and handed down a probation-only sentence where guidelines recommended over 5 years imprisonment.Some additional examples of judges citing problems with the guidelines include:

  • Judge Paul Cassell of the District of Utah varying downwards from 46-57 months to 1 day imprisonment.
  • Judge Robin Rosenbaum of the Southern District of Florida sentencing to 60 months instead of 210-262 months recommended.
  • Judge Mark Bennett of the Northern District of Iowa calling the guidelines “patently absurd on their face.”

This judicial feedback underscores the need for reforming the guidelines around child pornography offenses.

The Difficulty of Change and Paths Forward

Meaningfully improving federal child pornography sentencing requires addressing complex philosophical, political, and social challenges.On the one hand, child pornography is extremely morally repugnant to most of society. Well-intentioned policymakers likely passed harsh sentencing requirements out of a desire to strongly condemn behavior they saw as irredeemable.Additionally, no politicians want to appear “soft” on such offenses or risk backlash over nuanced changes. This results in a chilling effect preventing more moderate, evidence-based reforms.However, the current flawed state of sentencing guidelines has very real costs. Excessive punishment fails to serve justice or differentiate between extremely varied offenders. It also contributes to prison overcrowding and ballooning costs.Navigating these issues will require an open and thoughtful dialogue between lawmakers, judges, academics, and the public. Suggested starting points include:

  • Giving greater weight to empirical evidence on deterrence and recidivism when setting sentencing ranges.
  • Crafting guidelines that better account for content, conduct, and criminal history rather than applying generalized enhancements.
  • Providing judges with more flexible discretion to consider individual circumstances.
  • Incentivizing the pursuit of mandatory counseling and treatment programs tailored to offenders’ risk levels.

Reforms will undoubtedly require political courage and risk backlash. However, the status quo comes with its own social costs that cannot be ignored. With care and wisdom, a more refined, just sentencing scheme can emerge that protects society’s most vulnerable while upholding principles of fairness and proportionality.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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