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This volume assembles hundreds of cases and studies to provide the most accurate and comprehensive picture of the status of pornography in the criminal justice system. Presenting high-level research in an accessible and organized manner, it explores a range of topics, including investigating and prosecuting a case, arguments favoring and opposing d
Legal experts, sociologists, and social workers debate the definition of child pornography, the punishment of offenders, and the protection of victims
This book explores the enduring appeal of child pornography and its ramifications for criminal justice systems around the world. It is based on an extensive review of academic literature and newspaper coverage, a trawl of websites frequented by those with a sexual interest in children, a survey of how police investigate these offences, examination of prosecutors' decisions, and interviews with judges. It provides a framework for understanding the contemporary nature of this problem, especially the harms it causes, its intimate relationship with new technologies and the challenges it poses to law enforcement authorities. The internet plays a pivotal role. Its sheer size, the anarchic way it grows, the lack of any boundaries to its expansion and its disregard for national borders make it a legal environment without parallel. An unwavering focus on the threat of sexual abuse has contributed to the emergence of a context where routine dealings with children are viewed through a 'paedophilic' lens. This can have the unfortunate consequence of distracting attention from more urgent concerns (such as poverty and neglect), which make children vulnerable to sexual exploitation. In this way an emphasis on the sexualisation of children could be said to aggravate the problem that it sets out to address. The book: provides a comprehensive analysis of child pornography issues in all of their complexity, including legal, psychological, criminal justice and social perspectives. presents significant volume of original empirical data gathered from police, prosecutors and judges. includes new qualitative and quantitative information set against a background of shifting international developments. The analysis is explicitly comparative. draws on a variety of sources including support groups for paedophiles, newspaper coverage of court cases involving child pornography, victim testimony and police operations.
Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account. This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.
The stunning new legal thriller from the New York Times–bestselling author of The Hanging Judge, “a talent to watch” (The Washington Post). When FBI agents barge into Sidney Cranmer’s home accusing him of a heinous crime, the respected literature professor’s life becomes a nightmare. Cranmer insists the illicit material found by the agents isn’t his, but the charge against him appears airtight, and his academic specialty—the life and work of controversial author Lewis Carroll, creator of Alice’s Adventures in Wonderland—convinces investigators he’s lying. Presiding over the case against Professor Cranmer, U.S. District Judge David Norcross fears his daily confrontation with evil has made him too jaded to become a husband and father. His girlfriend, Claire Lindemann, teaches in the same department as the defendant and is convinced of his innocence. Soon, she will take matters into her own hands. Meanwhile—with his love life in turmoil and his plans for the future on hold—a personal tragedy leaves Norcross responsible for his two young nieces. Unbeknownst to him, a vengeful child predator hovers over his new family, preparing to strike. Michael Ponsor’s debut novel, The Hanging Judge, was praised by retired Supreme Court justice John Paul Stevens for reminding readers “that the judicial process is not infallible” and by Pulitzer Prize–winning author Tracy Kidder for bearing “the heft of authenticity.” The One-Eyed Judge again draws on Ponsor’s thirty years as a US district judge, offering readers an insider’s view of one of the most harrowing kinds of cases faced by the courts. Fast-paced, thrilling, and thought-provoking, this is legal fiction at its most realistic and compelling. The One-Eyed Judge is the 2nd book in the Judge Norcross Novels, but you may enjoy reading the series in any order.
Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the "use" of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context.
This book examines the reality behind the often hysterical media coverage of child pornography, particularly that available via the internet.
The United States Sentencing Commission ("Commission") was created by Congress to "establish sentencing policies and practices for the Federal criminal justice system" that implement the Sentencing Reform Act of 1984 ("SRA"),1 including the purposes of sentencing enumerated at 18 U.S.C. 3553(a)(2).2 In establishing such policies and practices, principally through the promulgation of federal sentencing guidelines and policy statements, the Commission's efforts are guided by the substantive and procedural requirements of the SRA and other congressional sentencing legislation. The SRA directs that the Commission "periodically shall review and revise, in consideration of comments and data coming to its attention, the guidelines."3 To this end, the Commission has established a review of the child pornography guidelines as a policy priority for the guidelines amendment cycle ending May 1, 2010.4 This report is the first step in the Commission's work on this priority. Congress has been particularly active over the last decade creating new offenses, increasing penalties, and issuing directives to the Commission regarding child pornography offenses. Indeed, in 2008, the 110th Congress passed three new laws amending child pornography statutes and creating a new offense for creating child pornography throughadapting or modifying a depiction of a child.5 Prompted by congressional action, and on its own initiative, the Commission has reviewed and substantively revised the child pornography guidelines nine times. This report describes the nine revisions made to the possession and trafficking in child pornography guidelines and the guidelines' relation to the requirements imposed on the Commission by related legislation and the SRA
Child pornography and sexual grooming provide case study exemplars of problems that society and law have sought to tackle to avoid both actual and potential harm to children. Yet despite the considerable legal, political and societal concern that these critical phenomena attract, they have not, thus far, been subjected to detailed socio-legal and theoretical scrutiny. How do society and law construct the harms of child pornography and grooming? What impact do constructions of the child have upon legal and societal responses to these phenomena? What has been the impetus behind the expanding criminalisation of behaviour in these areas? Suzanne Ost addresses these and other important questions, exploring the critical tensions within legal and social discourses which must be tackled to discourage moral panic reactions towards child pornography and grooming, and advocating a new, more rational approach towards combating these forms of exploitation.