Across the nation in hearings held by the U.S. Sentencing Commission, federal judges have been arguing that people found guilty of possessing child pornography are often punished too harshly by our court system.
The commission, which is responsible for setting the parameters of federal criminal punishments, is considering a change to federal sentencing guidelines that would allow federal judges to impose shorter sentences for those found guilty of violating child pornography laws. Although federal judges are not bound by the commission’s guidelines, they must consult them when considering what sentence to impose.
Those in favor of reduced sentences argue that some defendants accused of child pornography crimes have not molested children, do not pose a risk to the community and may be helped more by treatment than prison.
In 1994, the average federal prison sentence for those found guilty of possessing, receiving or sharing child pornography averaged three years, according to Justice Department data. The length of sentences jumped to about seven years by 2006. The federal mandatory minimum prison term for downloading images of child pornography is five years without parole. Those currently convicted of downloading especially lewd images, acquiring large numbers of images or sharing images are often sentenced to 15 or even 20 years in prison.
At an October hearing in Colorado, U.S. District Judge John L. Kane told the commission about two men he sentenced to probation with lifetime supervision, rather than prison. Both men have serious medical disabilities: one is a paraplegic with only partial use of his arms and the other was awaiting a kidney transplant.
Judge Kane decided that the expense to the prison system, along with the risk to the health of the two men, outweighed the benefits to society of incarceration — a benefit he says is far from clear.
U.S. District Judge Robin J. Cauthron of Oklahoma City agrees. The Denver Post recently recounted her testimony to the commission: “It is too often the case that a defendant appears to be a social misfit looking at dirty pictures in the privacy of his own home without any real prospect of touching or otherwise acting out as to any person. As foul as child pornography is, I am unpersuaded by the suggestion that a direct link has been proven between viewing child porn and molesting children.”
Not everyone agrees that punishments have outgrown child pornography crimes. The Denver Post quoted Ernie Allen, president and chief executive of the National Center for Missing and Exploited Children, “There are too many judges who continue to provide token sentences for what we consider to be serious crimes. These are images of prepubescent children, growing numbers of them infants and toddlers, and they trade with each other for purposes of arousal and breaking down the inhibitions of other children.”
Though the Sentencing Commission’s work is scheduled to end in May, it seems likely that the controversy will continue regardless of what it decides.
