7th Circuit: Restitution to child porn victims owed by possessors is less than amounts owed by distributors
U.S. v. Laraneta, No. 12-1302 (7th Cir. Nov. 14, 2012) (Opinion by Posner joined by Williams and Sykes)
The court held that a possessor of child porn images is not jointly liable for the total amount of restitution owed to victims by distributors of such images, because the amount of harm caused by possession is less than that caused by distribution. The Court also held that there is no right of intervention for child porn victims where claims of restitution are denied, but rather the appropriate remedy is to seek mandamus at the court of appeals pursuant to 18 U.S.C. ยง 3771(d)(3).
Utah appeals court: View “legal” pornography can be considered sentencing factor
At The Volokh Conspiracy , Eugene Volokh comments on a Utah sentencing ruling which holds that viewing “legal” pornography can be considered as a factor at sentencing. It seems one of the most critical factors in these cases may be the nature of the underlying offense for which the defendant is being sentenced. | State v. Epling, (Utah. Ct. App. July 21, 2011)
Lawsuit Filed Over Lack Of Porn Available In Jail
CBS Detroit: Twenty-one-year-old Kyle Richards claims cruel and unusual punishment because the Macomb County Jail does not allow inmates to possess pornographic materials. | At Salon, Tracy Clark-Flory argues that porn does not incite aggression: Would porn incite prison violence? | CBS Detroit: Twenty-one-year-old Kyle Richards claims cruel and unusual punishment because the Macomb County Jail does not allow inmates to possess pornographic materials. | At Salon, Tracy Clark-Flory argues that porn does not incite aggression: Would porn incite prison violence? | But see, PornHarms.com
Social Costs of Pornography: Statement of Principles, DVD available from Witherspoon Institute Consultation
The Witherspoon Institute’s 2008 Consultation on the Social Costs of Pornography “assembled leading experts in the fields of psychiatry, psychology, neurophysiology, philosophy, sociology, law, and political theory to present a rigorously argued overview of the problem of pornography in our society and to make recommendations. The primary purpose of the meeting was to examine the real nature of pornography in its moral and social consequences.”
Utah leaders warn child pornography may be on the rise
ABC 4: “Utah leaders are worried child pornography crimes in the state are on the rise. Today, the Internet Crimes Against Children Task Force joined Utah legislators to sound a voice of warning.”
From Fantasy to Reality: The Link Between Viewing Child Pornography and Molesting Children
APRI: “The act of viewing child pornography does not exist in a vacuum. The existence of images that sexually exploit children represents tangible evidence of past, present and, most likely, future abuse. Even those individuals who have not physically molested a child, and merely claim to ‘just’ receive or collect child pornography produced by others, play a role in the sexual exploitation of children.”
