I recently had a loved one who got into trouble for having taken some pictures of a 16 and 17 year old. (He was 32 at the time.) Now I am not saying that he was right, he definitly should have known better, and should have to face the consequences. However, what I am getting at, is that because he used his digital camera, and had them stored on his home computer, the charges are now Federal. Because of that, his time is now significantly greater, and due to the mitigating circumastnces of the case, which I won't go into, I believe are grossly unfair. The presiding judge agreed, but, because of the laws, his hands were tied. What would have gotten him 12-18 months in any other court, got him 15 years in Federal court. I realize that people want to be tough on crime, but, how far are we willing to go? I am urging people to write to their representitives, and urge them to amend the laws to put the power back into the hands of the judges, where it belongs, rather than the prosecuters. BTW; There was NO trafficing involved. He simply had them stored in his my pictures file. Both girls knoew about, and agreed beforehand to these pictures, and even took aome of them themselves at a different location. unfortunately your loved one is out of luck. like the judge said it is out of his hands.
so many people complain that judges legislate from the bench however the opposite is true. with mandatory sentancing laws legislatures have taken power away from the judiciary. there is no way a legislature can write a law to be perfectly applicable to all possible cases, it should be left up to a judge, as you have found out.
EDIT:
i just found this article in the nytimes.
http://www.nytimes.com/2007/01/09/washin... |
