Mandatory sentencing overcomes an uninformed judge
Dr. Kardasz
The following story from the Savannah Morning News discusses a judge who disagreed with federal mandatory sentencing provisions for a possessor of child pornography. The case highlights the need for judges to be become educated about the implications of unlawful images.
Current research indicates that a significant number of persons who possess unlawful images depicting the sexual exploitation of minors are also contact, "hands-on" offenders. Landmark studies conducted by Dr. Hernandez and Dr. Bourke at the Butner Federal Correctional Facility illuminated the problem. Studies of persons incarcerated for possessing unlawful images at Butner resulted in disclosures and admissions from the prisoners about hundreds of previously unknown hands-on offenses. (see: http://www.iht.com/articles/2007/07/19/america/19sex.php - also - http://www.cultureandmediainstitute.org/articles/2007/20070720125546.aspx)
Some people rationalize unlawful images as "just pictures" and harmless. The images are not "just pictures". The images are permanent records of terrible crimes.
Judges often have incomplete information when deciding upon sentencing. Presentence reports describing offenders often cannot provide a true evaluation of the person. Many offenders in sex crimes against children have the outward appearance of fine upstanding citizens. Many have spent their entire lives developing an alternate persona in order to present themselves as trustworthy and capable of being trusted around children. The offender in the instant case was, according to the report, a music teacher.
Some Judges need to become better educated about the facts regarding harmful images and about the offenders who use images for sexual gratification.
As for those who created the laws that punish offenders, I am grateful to those legislators responsible for approving mandatory sentencing. Mandatory sentencing overcomes the uninformed opinions of those who marginalize children and ignore the harm caused by unlawful images.
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Teacher gets five years in porn case; judge calls sentence too severe
By Jan Skutch. 12/13/07.
Calling it a "sad day for justice," a federal judge Wednesday railed against a mandatory sentence he considered too harsh but was forced to impose in a child pornography case. U.S. District Senior Judge William T. Moore Jr. made the comment as he ordered former St. Andrew's School music teacher Joshua Henry Evans, 25, to prison for five years.
"The facts in this case do not justify the sentence the court is compelled to impose," Moore said. "Sixty months is a sentence that is much more severe than should be called for in this case."
Evans pleaded guilty Aug. 6 to a charge of attempted receipt of child pornography over the Internet involving what he believed was a 14-year-old girl.
The judge, who last month became eligible to retire, said he had "anguished" over the case. He postponed sentencing, hoping the U.S. Supreme Court or Congress would give him some leeway, Moore said.
Because the charge carries a mandatory minimum sentence, advisory guidelines giving Moore some discretion were not available.
In court Wednesday, Evans fought back tears. "I made some awful decisions in my past," the defendant told Moore. "Looking back, I am ashamed of my wrongdoing. I hurt God, my community, my family, my wife, my new daughter and myself. "Your honor, I know I did wrong, and I must face the consequences." Evans also faced supervised release for life after completing his prison term. However, Moore imposed two years of supervised release for Evans - the minimum that could have been imposed.
Probation officers wanted a 10-year period, a recommendation requested by Assistant U.S. Attorney Julie Wade. Evans' lawyer, attorney Alex Zipperer III, urged Moore to impose a lesser term.
Moore also ordered Evans to register as a sex offender. And the judge allowed Evans until 2 p.m. Jan. 14 to report to prison. Moore complained that the mandatory minimum sentence required in the case left him "handcuffed." "If there was any way I could avoid the mandatory minimum in this case, I assure you I would do it," Moore said. "Something else should have been done in this case, other than a plea resulting in a minimum mandatory."
Moore, a former U.S. attorney, said the prosecutor's office is independent and should have told the justice department, "I'm sorry, but I don't agree with your policy in this case." He said a more appropriate sentence would have involved "no or very, very little jail time for Mr. Evans. But as long as the mandatory minimum stands as a roadblock, the court is, in effect, handcuffed in this case."
He noted that Evans used his home computer, not one at the school, and that Evans did not attempt to traffic in or distribute the offensive material.
A counseling center where Evans has undergone treatment reported he did not "fit the typical profile of a sex offender" and said there was "little or no danger of any future activity of this kind by Mr. Evans."
"This is a sad day for Mr. Evans and for his family," Moore said. "It's a sad day for the court, and I think it's a sad day for justice."
Retrieved December 16, 2007 from http://www.savannahnow.com/node/414835