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View Diary: Defendants' rights, victims' rights, and the worst of crimes (59 comments)

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  •  or perhaps fix a statutory minimum (1+ / 0-)
    Recommended by:

    Say $5000/ image to go into a victim restitution

    then individual victims apply to the fund for
    medical losses and therapeutic support.

    •  that makes a lot more sense IMO (2+ / 0-)
      Recommended by:
      patbahn, Adam B

      or simply just add it as a mandatory minimum fine for possession of child porn.  

      But holding one guy liable for millions of dollars because they viewed child porn? There's a wide range of folks who view child porn, from the accidental to the curious to the guy who has tens of thousands of images.  I've prosecuted/defended the entire range.

      They aren't all created equal.  I say make the person who uploads child porn liable perhaps, to me that's a lot more actual damage than simply viewing, and the fairness argument is tremendously lessened.

      •  i always fear that an excellent setup (0+ / 0-)

        is to email child porn to someone.

        The laws having strict liability,  it would be easy enough
        to set it up so the sender is never traceable
        yet, the local cops could ruin the recipient.

        we had a case of a local school administrator
        confiscates some cell phones from students for sexting.
        does as instructed, sends image gallery dumps to
        central HQ for "Adjudication". He ends up getting indicted
        for child porn.

        took 2 years and 80K to get to a jury, which dismisses it.

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