3 results for month: 07/2014

Vast Majority of Federal Child Pornography Criminals Pay ZERO Restitution to Victims

Despite Congress' longstanding mandate that each and every federal child pornography defendant pay restitution to victims, in reality the vast majority of convicted child pornography criminals pay no restitution at all. New facts present a dismal reality for victims of child rape and sexual assault which results in child pornography.

The United States Sentencing Commission recently compiled some damning statistics about child pornography offenders subject to fines and restitution.

The Amy and Vicky Child Pornography Victim Restitution Improvement Act will guarantee that victims receive restitution from every convicted criminal in every case. No longer will victims be relegated to a handful of defendants paying token amounts in just a few dozen cases per year.

Mandatory restitution should be just that—mandatory. Child pornography victims deserve no less than full compensation for their endless online exploitation. Congress must fix the law to restore justice and fairness to a restitution system which has gone seriously awry.

District Court: Paroline Factors are at Best Difficult and at Worst Impossible to Calculate

United States District Court Judge John J. McConnell, Jr., in one of the first reported cases since the Supreme Court's April 23, 2014 decision in United States v. Paroline, illustrates the growing frustration within the federal courts which are struggling to implement the Court's problematic directive.

Courts Struggling to Implement Paroline Ask Congress to Fix the Law

Last week, another federal district court struggling to implement the Supreme Court's decision in Paoline admonished Congress to fix the law.

"While I do not necessarily agree with the dissent that “[t]he statute as written allows no recovery,” I certainly agree with the admonition that “Congress [should] fix it.”