Absurd US sentencing as man gets 200 years for porn charges

[Neemo]

I'd prefer a 200 yr sentence be given to those who create those films.

when you see people busted up here in Canada for this kind of thing its usually for possessing and distributing it...maybe this was the case here too...even though the story says he just had it on his comp "thousands of images" is alot of fucking porn

[polluxlm]

I'd prefer a 200 yr sentence be given to those who create those films.

when you see people busted up here in Canada for this kind of thing its usually for possessing and distributing it...maybe this was the case here too...even though the story says he just had it on his comp "thousands of images" is alot of fucking porn

Perhaps, but that apparently wasn't the charge. Jailing a person for possession of images is ludicris in principle. The reasonable doubt is enourmos.

Say I downloaded a bunch of stuff and put it on the neighbours computer, then called the police. That's how easy it is.

This man is probably guilty, but he should recieve treatment instead of jail time. It's not like you decide to start liking these things.

[AxlsMainMan]

I think you guys might find this case of interest:

R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2: "A leading Canadian civil rights decision of the Supreme Court of Canada. The Court upheld the child pornography provisions of the Criminal Code as a valid limitation of the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms.

It began in 1995 when Sharpe was returning from a trip to Amsterdam where he had travelled to meet Dutch jurist and open advocate of boylove Edward Brongersma. Upon return, Canada Customs found a collection of computer discs containing a text entitled "Boyabuse". A later search of his Vancouver apartment revealed a concollection of photographs of nude teenage boys, some of them engaged in sexual acts with one another. Sharpe was arrested and charged with illegal possession under s. 163.1(4) of the Criminal Code, and for possession for the purposes of distribution or sale under s. 163.1(3) of the Code.

Acting in his own defence, Sharpe challeged the criminal provisions as violation of freedom of expression under section 2(b) of the Charter. Sharpe argued before a court that laws regarding the possession of child pornography violated his freedom of thought and expression. He presented a fairly controversial argument that since he was interested in teenage boys, he should be entitled to pornographic material relating to his sexual interests. Nonetheless, the law he was charged under was eventually upheld with some exceptions regarding written pornography.

During his trial, the prosecutor argued for the harmfulness of child pornography possession and why it should remain illegal. Sharpe attempted to refute the prosecution's claims that child porn and child sexual abuse are a related paradigm by claiming that the legal attitudes towards pornographic representations of children 'creates a victim' instead of starting with one. The line between production, distribution, and possession was also espoused by Sharpe. He further argued that in many instances possession of child pornography could act as a catharsis in preventing child sexual abuse. In regard to provisions on written pornography, Sharpe argued that the law in question targeted the political advocacy of pederasty and served little purpose in protecting children from sexual abuse. The charges in respect to Sharpe's writings were eventually dismissed when he argued artistic merit with the assistance of an English professor who compared his written works to 'transgressive expression' parallel to Marquis de Sade's 120 Days of Sodom.

McLachlin, writing for the majority, held that the provision in the Code violated the freedom of expression but was justified under section one as the government objective of protecting children from exploitation was proportional to the violation.

The Court, however, finds that the provisions were too broad for including two types of material that should not constitute child pornography as they do not pose a direct potential harm to children. First, where the written or visual representations were created and possessed by the accused for exclusive personal use, and second, where "visual recordings created by or depicting the accused that do not depict unlawful sexual activity and are held by the accused exclusively for private use."

http://en.wikipedia.org/wiki/R._v._Sharpe

So there you have it.

Homemade porn is alright, but professional stuff is a big No-No

[Mr. Redman]

That sentence ain't shit. Try getting three 99 year sentences.

[AxlsMainMan]

Under the old British system, he'd be doing 200 years of hard labour instead of 200 years of sitting in a cell

[Krispy Kreme]

If I am not  mistaken, the US executes  more  people each year than every other country in  the world  except China. And Texas leads the US.
More than Saudi Arabia, Syria, Iran, Pakistan, North Korea, Singapore, etc  etc (all authoritarian states).

So  what  does that  say about US democracy? Or US society? Was Michael Moore  right?

[freedom78]

If I am not  mistaken, the US executes  more  people each year than every other country in  the world  except China. And Texas leads the US.
More than Saudi Arabia, Syria, Iran, Pakistan, North Korea, Singapore, etc  etc (all authoritarian states).

So  what  does that  say about US democracy? Or US society? Was Michael Moore  right?

A fair point, though there are some problems.  First, the US has a much higher population than any of the states you mentioned (again, except China).  While I don't have per capita figures (and doubt that many authoritarian states would give completely accurate figures), I'm confident that it is lower than those countries' death penalty rates. 

Second, it says NOTHING about US democracy.  The death penalty has nothing to do with the effectiveness of a form of government.  If anything, because a majority of Americans (last time I saw figures) support it, it indicates that democracy is carrying out the will of the people.

Now, that said, I do NOT support the death penalty.  But, I can see why it is so fixed in American justice.  I truly think it's all part of the old Wild West mentality, when you could be hung for many more crimes than are seen as worthy of capital punishment, today.  But, it's slowly eroding.  Major states like Illinois and Florida have recently put moratoriums on capital punishment, and eventually it will cease to be.  Whether it ceases due to a national moratorium/Supreme Court ruling or on a state by state basis, I do not know.

[Bodhi]

200 years WITHOUT THE POSSIBILITY OF PAROLE for this? For looking at pictures?

Even the Supreme Court wont intervene - if that isnt a breach of basic human rights i dont know what is! Let the punishment fit the crime, and 200 years for looking at pictures is...well.....

Absolutely barmy

The US Supreme Court has refused to hear an appeal by a high school teacher from Arizona sentenced to 200 years in jail for possessing child pornography.

Morton Berger had claimed the sentence was so disproportionate to his crime it breached the constitution.

If the 52-year-old had been tried in a federal court or lived elsewhere he would have received a lighter sentence.

But he was living in Arizona when he was caught with thousands of images of child abuse on his computer.

Stark differences

The state has the nation's toughest laws on child abuse and exploitation.

Indeed, the prosecutor had asked for a 340-year sentence but the trial judge imposed the minimum of 10 years for each of 20 images - to be served consecutively for a total of 200 years without the possibility of probation, early release or pardon.

Mr Berger's lawyers asked the Supreme Court to hear an appeal.

They argued the sentence was wildly disproportionate - much longer than that for rape or even second degree murder and claimed it amounted to cruel and unusual punishment.

The state of Arizona argued each image of child abuse was a separate crime so the sentences had to run consecutively.

The Supreme Court refused to hear the appeal and gave no reason but the case has highlighted stark differences in sentencing policy across the US.

umm he was looking at CHILD PORNOGRAPHY....he should have his dick ripped off and shoved down his throat...then he should be executed...hes lucky he only got life in prison.....not to mention he is a TEACHER with access to kids......

[polluxlm]

umm he was looking at CHILD PORNOGRAPHY....he should have his dick ripped off and shoved down his throat...then he should be executed...hes lucky he only got life in prison.....not to mention he is a TEACHER with access to kids......

That's right, he was looking. How that constitutes death or life in prison is beyond me. Despicable yeah, but not in a million years worse than rape, murder or actual child molestation.

[Nightfall]

atleast he gets real punishments..over here a man had abused 4 children for several years and only got 2 years in prison of wich 6months probation...maybe not too bad cause the demand was 3years and 1 year probation

[Mama Kin]

Under the old British system, he'd be doing 200 years of hard labour instead of 200 years of sitting in a cell

I saw on Discovery once they had to stop that, because they had the prisoner's workin underground and interestingly enough, most were working on tunneling out as opposed to whatever they were supposed to be doing.

[AxlsMainMan]

Under the old British system, he'd be doing 200 years of hard labour instead of 200 years of sitting in a cell

I saw on Discovery once they had to stop that, because they had the prisoner's workin underground and interestingly enough, most were working on tunneling out as opposed to whatever they were supposed to be doing.

This is entirely true, but at least it got them doing something instead of enjoying 3 square meals a day, washed down with the occasional game of Basketball

[25]

The guy should insist on being kept in his cell, fed and medicated, for the full 200 years. Then, when the sentence has run its course, we can add up the total financial cost and try to decide whether the money was better spent on putting the schmuck in prison or using it to track down the people who produced the child-porn he had on his computer. Seems to me that no-one would be able to look at child-porn if there was no child-porn to look at. But I'm just a crazy, wide-eyed idealist.

[Jimmy?]

That is extremely fucked up 

Like someone said earlier....Only in America!






.....Just kiddin', I love America really 

Still ridiculous though

[2112]

I would say, give them a neckshot so peoples taxes wont have to go to lowlifes like them.

[sjgotnitro]

I see no problem with it. he should have his balls and pecker amputated also.

better yet just kill him so my tax dollars do not go to supporting more low life trash.

And as far as murderer having lesser penalties, that is wrong they should be executed if it is murder 1.


 

[Bodhi]

umm he was looking at CHILD PORNOGRAPHY....he should have his dick ripped off and shoved down his throat...then he should be executed...hes lucky he only got life in prison.....not to mention he is a TEACHER with access to kids......

That's right, he was looking. How that constitutes death or life in prison is beyond me. Despicable yeah, but not in a million years worse than rape, murder or actual child molestation.

are you kidding...he is a TEACHER who looks a CHILD PORN....are you telling me he is NEVER going to act on that?? wake up..

[polluxlm]

umm he was looking at CHILD PORNOGRAPHY....he should have his dick ripped off and shoved down his throat...then he should be executed...hes lucky he only got life in prison.....not to mention he is a TEACHER with access to kids......

That's right, he was looking. How that constitutes death or life in prison is beyond me. Despicable yeah, but not in a million years worse than rape, murder or actual child molestation.

are you kidding...he is a TEACHER who looks a CHILD PORN....are you telling me he is NEVER going to act on that?? wake up..

I'm telling you a person should be convicted for what he has done, not what he might do. That's a very important principle.

Jail him, treat him, fire him. All reasonable punishments. 200 years or death on the other hand is beyond absurd for a crime that hasn't really hurt anyone, and it's an insult to the families and loved ones of murder and rape victims.

[Neemo]

umm he was looking at CHILD PORNOGRAPHY....he should have his dick ripped off and shoved down his throat...then he should be executed...hes lucky he only got life in prison.....not to mention he is a TEACHER with access to kids......

That's right, he was looking. How that constitutes death or life in prison is beyond me. Despicable yeah, but not in a million years worse than rape, murder or actual child molestation.

are you kidding...he is a TEACHER who looks a CHILD PORN....are you telling me he is NEVER going to act on that?? wake up..

I'm telling you a person should be convicted for what he has done, not what he might do. That's a very important principle.

Jail him, treat him, fire him. All reasonable punishments. 200 years or death on the other hand is beyond absurd for a crime that hasn't really hurt anyone, and it's an insult to the families and loved ones of murder and rape victims.

seriously dude!! would you want him teaching your kid? 

[polluxlm]

Jail him, treat him, fire him. All reasonable punishments