In the discussion thread: Judge rules that poker isnít gambling under federal law [View all]
Response to Newsjock (Original post)
Tue Aug 21, 2012, 11:50 PM
Mosby (3,643 posts)
8. this judge is going rogue in his old age
Is Judge Jack B Weinstein Right about Child Porn?
Last Friday's NY Times reports that Judge Jack B. Weinstein, who sits in the United States District Court in Brooklyn, has twice thrown out convictions that would have ensured that the man spend at least five years behind bars. He has pledged to break protocol and inform the next jury about the mandatory prison sentence that the charges carry. And he recently declared that the man, who is awaiting a new trial, did not need an electronic ankle bracelet because he posed "no risk to society."
There is little public sympathy, for collectors of child pornography. Yet across the country, an increasing number of federal judges have come to their defense, criticizing changes to sentencing laws that have effectively quadrupled their average prison term over the last decade.
Last week, the United States Court of Appeals for the Second Circuit vacated a 20-year child pornography sentence by ruling that the sentencing guidelines for such cases, "unless applied with great care, can lead to unreasonable sentences." The decision noted that the recommended sentences for looking at pictures of children being sexually abused sometimes eclipse those for actually sexually abusing a child.
Judge Weinstein has gone to extraordinary lengths to challenge the strict punishments, issuing a series of rulings that directly attack the mandatory five-year prison sentence faced by defendants charged with receiving child pornography.
"I don't approve of child pornography, obviously," he said in an interview this week. But, he also said, he does not believe that those who view the images, as opposed to producing or selling them, present a threat to children.
"We're destroying lives unnecessarily," he said. "At the most, they should be receiving treatment and supervision."
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|William Seger||Aug 2012||#18|
|Lucky Luciano||Aug 2012||#7|
this judge is going rogue in his old age
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