This presentation discusses federal criminal and civil remedies for victims of child pornography and online exploitation under United States law including restitution and Masha's Law under 18 USC 2259 and 18 USC 2255.
National Crime Victims Bar Association - Child Pornography UpdateJames Marsh
This document summarizes federal laws and assessment techniques related to child pornography victims. It outlines federal criminal statutes that provide restitution and other remedies for victims. It describes assessment methods including interviews, psychological testing, and standardized instruments. It discusses the added trauma victims face and common survivor impacts. The document also reviews recent case law updates and outlines civil remedies under federal and state laws.
This document summarizes federal and state legal remedies available in the United States for victims of child sexual exploitation through child pornography. It discusses mandatory minimum sentencing and restitution orders for offenders under federal law. It also outlines various federal statutes that provide civil remedies and establish victims' rights. Additionally, it analyzes challenges that courts have faced in applying the restitution framework established by the Supreme Court and calls for Congress to address these issues through legislation.
Multidisciplinary Approach to Internet Child Pornography: Impact on its VictimsJames Marsh
Kathleen Coulborn Faller Ph.D., James R. Marsh J.D., David L. Corwin M.D., and Joyanna Silberg Ph.D. present at the 2018 American Professional Society on the Abuse of Children Colloquium on characteristics of child pornography on the internet, research related to child sexual abuse on the internet, recent legislation and legal cases related to child sexual images on the internet, evaluating survivors of child sexual abuse on the internet, assessing damages for civil litigation involving child sexual abuse on the internet, treatment approaches for victims, and future directions.
This document provides an overview and analysis of the law around releases from liability and how it has developed from common law principles. It discusses how the common law historically disfavored releases but also supported freedom of contract. As a result, the law around releases has been inconsistent. It analyzes how different states approach releases either through common law rulings, statutes, or both. It also examines factors that influence whether a court will enforce a particular release, such as public policy considerations, the type of activity involved, and whether a statute governs.
This document discusses several court cases related to technology and the law. It provides summaries of incidents involving students posting racist videos online, creating fake social media profiles of teachers, filming and posting videos of teachers without consent, and hacking into major websites. The outcomes described include students being expelled from school or university, being disciplined, convicted of child pornography, and sentenced to probation and fines. The document also includes brief descriptions of the state and federal court system in the United States.
SWK 597 Week 6. criminal justice and sexual offensesTAMUCSocialWork
This document discusses criminal sexual offenses and the sex offender registry in Texas. It defines various sex crimes like rape, sexual assault, prostitution, indecent exposure, and child pornography. It outlines the sex offender registry requirements in Texas and at the national level under SORNA (Megan's Law), requiring offenders to register for 10 years. The consequences of being placed on the sex offender registry are also noted.
This document is the May 2012 issue of Graterfriends, a publication of The Pennsylvania Prison Society. It discusses issues related to disadvantaged children who become disadvantaged adults due to failures in the juvenile justice system. Specifically, it notes that many children of impoverished families receive unequal treatment and protection under the law. Their constitutional rights are often violated when they are interrogated without legal counsel present or notified parents. This can lead to life sentences for some juveniles. The publication calls for equal justice and protection for all children, regardless of their socioeconomic status.
The document is an issue of the Oakland County Legal News from November 11, 2014. It contains several short news articles:
1) A Michigan Court of Appeals ruled against students suing over poor reading skills, saying the issue is between students and their school district, not the courts.
2) A former star high school football player in Detroit pleaded guilty to misdemeanor domestic violence for assaulting his girlfriend.
3) Voter turnout in Michigan's 2014 midterm election was lower than in 2010.
4) An event in Oakland County will educate the public and professionals on human trafficking over two days with guest speakers on their experiences and how to address the issue.
National Crime Victims Bar Association - Child Pornography UpdateJames Marsh
This document summarizes federal laws and assessment techniques related to child pornography victims. It outlines federal criminal statutes that provide restitution and other remedies for victims. It describes assessment methods including interviews, psychological testing, and standardized instruments. It discusses the added trauma victims face and common survivor impacts. The document also reviews recent case law updates and outlines civil remedies under federal and state laws.
This document summarizes federal and state legal remedies available in the United States for victims of child sexual exploitation through child pornography. It discusses mandatory minimum sentencing and restitution orders for offenders under federal law. It also outlines various federal statutes that provide civil remedies and establish victims' rights. Additionally, it analyzes challenges that courts have faced in applying the restitution framework established by the Supreme Court and calls for Congress to address these issues through legislation.
Multidisciplinary Approach to Internet Child Pornography: Impact on its VictimsJames Marsh
Kathleen Coulborn Faller Ph.D., James R. Marsh J.D., David L. Corwin M.D., and Joyanna Silberg Ph.D. present at the 2018 American Professional Society on the Abuse of Children Colloquium on characteristics of child pornography on the internet, research related to child sexual abuse on the internet, recent legislation and legal cases related to child sexual images on the internet, evaluating survivors of child sexual abuse on the internet, assessing damages for civil litigation involving child sexual abuse on the internet, treatment approaches for victims, and future directions.
This document provides an overview and analysis of the law around releases from liability and how it has developed from common law principles. It discusses how the common law historically disfavored releases but also supported freedom of contract. As a result, the law around releases has been inconsistent. It analyzes how different states approach releases either through common law rulings, statutes, or both. It also examines factors that influence whether a court will enforce a particular release, such as public policy considerations, the type of activity involved, and whether a statute governs.
This document discusses several court cases related to technology and the law. It provides summaries of incidents involving students posting racist videos online, creating fake social media profiles of teachers, filming and posting videos of teachers without consent, and hacking into major websites. The outcomes described include students being expelled from school or university, being disciplined, convicted of child pornography, and sentenced to probation and fines. The document also includes brief descriptions of the state and federal court system in the United States.
SWK 597 Week 6. criminal justice and sexual offensesTAMUCSocialWork
This document discusses criminal sexual offenses and the sex offender registry in Texas. It defines various sex crimes like rape, sexual assault, prostitution, indecent exposure, and child pornography. It outlines the sex offender registry requirements in Texas and at the national level under SORNA (Megan's Law), requiring offenders to register for 10 years. The consequences of being placed on the sex offender registry are also noted.
This document is the May 2012 issue of Graterfriends, a publication of The Pennsylvania Prison Society. It discusses issues related to disadvantaged children who become disadvantaged adults due to failures in the juvenile justice system. Specifically, it notes that many children of impoverished families receive unequal treatment and protection under the law. Their constitutional rights are often violated when they are interrogated without legal counsel present or notified parents. This can lead to life sentences for some juveniles. The publication calls for equal justice and protection for all children, regardless of their socioeconomic status.
The document is an issue of the Oakland County Legal News from November 11, 2014. It contains several short news articles:
1) A Michigan Court of Appeals ruled against students suing over poor reading skills, saying the issue is between students and their school district, not the courts.
2) A former star high school football player in Detroit pleaded guilty to misdemeanor domestic violence for assaulting his girlfriend.
3) Voter turnout in Michigan's 2014 midterm election was lower than in 2010.
4) An event in Oakland County will educate the public and professionals on human trafficking over two days with guest speakers on their experiences and how to address the issue.
Navigating the Maze - The ALRC's/NSWLRC's Family Violence Inquiry ALRC
The document summarizes the Australian Law Reform Commission's inquiry into reducing violence against women and children. It outlines the terms of reference which examine the interaction of family violence, criminal, family and child protection laws, and the impact of inconsistent interpretation of laws in cases of sexual assault. It describes the complex web of laws at federal and state levels and challenges such as competing discourses around criminal vs civil approaches and public vs private realms. The inquiry process involves extensive consultation, papers and forums to collect views to help reform legal frameworks and systems to better address family violence.
Recorded on May 31, 2012 - This webinar looks at the legal process when criminal charges are laid in a domestic dispute. It covers the complete process, from police involvement to the resolution of the case, and what women can expect, whether they are the complainant or the accused. This webinar is produced by METRAC (The Metropolitan Action Committee on Violence Against Women and Children) as part of the Family Law Education for Women (FLEW) series. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC), and Karen Bellinger, legal counsel at Downtown Legal Services, a community-based, student legal clinic at the University of Toronto law school.
Watch this webinar at: http://yourlegalrights.on.ca/webinar/when-charges-are-laid-domestic-dispute-what-expect
Gov. Bill Haslam and other Tennessee state leaders are scheduled to speak to reporters about their legislative priorities for the year at the annual planning session hosted by the Associated Press and Tennessee Press Association. Topics will include Medicaid expansion, recent court rulings on releasing DCS records, and polling results. Haslam is unsure whether he will veto a controversial "guns-in-parking lots" bill that does not exempt schools and colleges. The interim commissioner of the Department of Children's Services, Jim Henry, vows to address problems at the agency and meet with advocates.
Tragos and Sartes presentation on legal implications for parents of teenagersproboscidian
This document discusses civil liability related to house parties and minors. It notes that social hosts can be liable for negligence if alcohol is provided to minors at parties under state law. Parents can also be liable for their children's actions in certain situations, such as if they sanction intentional wrongdoing or fail to control a child they know may harm others. The document also covers liability for car accidents if a minor driver lives in the parent's household. Finally, it discusses pursuing damages on a minor's behalf through a legal guardian.
This document profiles several Georgia politicians and where they stand on gay rights issues. It divides them into two groups: those who support LGBT rights and identify as LGBT themselves (Simone Bell, Lisa Borders, Jason Carter, etc.) and those who are largely opposed or have anti-gay stances (Nathan Deal, Lynn Westmoreland, Saxby Chambliss, etc.). It provides biographical information and background on their positions. The conclusion notes that only two profiles (both Democrats) openly discussed gay rights on their websites.
California voters to decide unusual measure on sex trafficking Capitol Weekly...Kinley O'Sullivan
California voters will decide on Proposition 35 in November, which aims to strengthen laws against human sex trafficking. If passed, it would expand the definition of sex trafficking, increase penalties for traffickers up to life in prison, and dedicate funds to assist victims. Current polls show strong support for the measure, with little organized opposition.
Recorded on February 28, 2013 at 12:00 p.m. EST - This webinar in the Family Law Education for Women (FLEW) series is the second of two discussions about the Children's Aid Society. This webinar looks at the child protection process from the point of view of parents who are dealing with the CAS. In this discussion, lawyer Seema Jain of Jain Family Law and Mediation discusses what parents should know before, during, and after a child protection hearing, in conversation with METRAC's Legal Director, Tamar Witelson.
Watch an archived recording of this webinar and download copies of presentation materials at:
http://yourlegalrights.on.ca/webinar/dealing-childrens-aid-society-what-parents-should-know
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
This document provides an overview of legal issues related to domestic violence and child custody. It discusses how custody and visitation processes can further abuse by allowing batterers to maintain control over victims. The document notes that courts must consider how domestic violence impacts custody arrangements and prioritize child safety over other goals. It also aims to dispel common myths about domestic violence, such as that it is easy for victims to leave their abusers or stop the abuse. The document contains resources on domestic violence and custody laws in different states.
Parental Kidnapping and Custody Issues PresentationReina
The document summarizes information presented by various members of Group 5 on the topic of parental kidnapping. It discusses definitions and laws related to parental kidnapping, statistics on parental kidnapping cases nationally and internationally, the economic impacts and psychological effects on children, and intervention steps and resources available. Key presenters included Scott Church on definitions and laws, Albandari Alrayes on statistics, Jake Discrol on economic impacts, Megan Griffith and Amanda on psychological effects, and Reina Connolly on intervention resources.
This document discusses whistleblowing laws and incentives. It outlines five ways that laws encourage whistleblowing, including by requiring whistleblowing, prohibiting retaliation, compensating whistleblowers, and providing financial incentives. The document then discusses provisions of the False Claims Act that allow private citizens to file lawsuits on behalf of the government, provides criteria for an "original source" of information, and notes a case where a whistleblower received $500 for reporting issues internally and to oversight bodies.
Domestic violence involves aggressive or violent behavior between intimate partners or family members that aims to gain power or control over the other. It can include physical, sexual, verbal, emotional, or financial abuse. Victims have legal rights and protection, and should seek help by contacting a domestic violence hotline, filing a restraining order, or developing a safety plan. Resources are available to help victims understand domestic violence and take steps to leave an abusive situation.
This document provides an overview of negligence and other torts. It defines negligence as a careless act that causes harm. There are three elements: the action is unintentional, not planned, and causes injury. Negligence is proven using criteria like duty of care, the reasonable person standard, foreseeability, causation, and burden of proof. Defenses for negligence include contributory negligence, assumption of risk, and inevitable accident. Other torts discussed include trespass, nuisance, defamation, and more.
The Pennsylvania Prison Society recently assembled a panel of criminal justice experts, victim-advocates, treatment providers, former offenders and family members. The panel’s goal is to protect the public, reduce the prison population, support victims, rehabilitate offenders, and safely reintegrate ex-offenders into society by encouraging policies that are evidence-based, practical, fiscally responsible, humane, and legally defensible. These include education and prevention programs, risk-based assessments, treatment programs, and halfway or permanent housing for registered sex offenders.
Many of the panel’s findings are contrary to public opinion.
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
The document summarizes the "kids for cash" scandal that occurred in Luzerne County, Pennsylvania between 2002-2009. When Judge Ciavarella took over the juvenile court system in 1995, he implemented a zero tolerance policy that resulted in hundreds of juveniles being detained for minor offenses. It was later uncovered that Ciavarella and another judge had received $2.6 million in kickbacks for placing juveniles in for-profit detention centers. Both judges pled guilty but later withdrew their pleas. The scandal led to reforms in the juvenile justice system and the creation of a commission to investigate.
There are several key factors that can contribute to homelessness:
1) High housing costs and a lack of affordable housing mean that many low-income households spend over half of their income on rent.
2) Unemployment and underemployment make it difficult for people to pay rent if they lose their job or have reduced hours.
3) Those struggling with substance abuse issues, mental illness, or domestic violence are also more vulnerable to becoming homeless. About a third of homeless adults have a substance abuse problem and over 10% are domestic violence victims.
Criminal Injustice System_BARNES_CONGER_MANSFIELD_STONEMiryam Stone
This document discusses the negative impacts of mass incarceration in the United States, particularly how it disproportionately affects minority families and communities. It notes that the "War on Drugs" led to a tenfold increase in incarceration rates, especially for non-violent drug crimes. This has resulted in minority groups making up a disproportionate percentage of the prison population compared to their percentage of the general population. The document also examines the emotional, financial, and social effects this has on families and communities through incarceration and after release. It calls for reform of the criminal justice system to reduce these negative consequences.
Navigating the Maze - The ALRC's/NSWLRC's Family Violence Inquiry ALRC
The document summarizes the Australian Law Reform Commission's inquiry into reducing violence against women and children. It outlines the terms of reference which examine the interaction of family violence, criminal, family and child protection laws, and the impact of inconsistent interpretation of laws in cases of sexual assault. It describes the complex web of laws at federal and state levels and challenges such as competing discourses around criminal vs civil approaches and public vs private realms. The inquiry process involves extensive consultation, papers and forums to collect views to help reform legal frameworks and systems to better address family violence.
Recorded on May 31, 2012 - This webinar looks at the legal process when criminal charges are laid in a domestic dispute. It covers the complete process, from police involvement to the resolution of the case, and what women can expect, whether they are the complainant or the accused. This webinar is produced by METRAC (The Metropolitan Action Committee on Violence Against Women and Children) as part of the Family Law Education for Women (FLEW) series. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC), and Karen Bellinger, legal counsel at Downtown Legal Services, a community-based, student legal clinic at the University of Toronto law school.
Watch this webinar at: http://yourlegalrights.on.ca/webinar/when-charges-are-laid-domestic-dispute-what-expect
Gov. Bill Haslam and other Tennessee state leaders are scheduled to speak to reporters about their legislative priorities for the year at the annual planning session hosted by the Associated Press and Tennessee Press Association. Topics will include Medicaid expansion, recent court rulings on releasing DCS records, and polling results. Haslam is unsure whether he will veto a controversial "guns-in-parking lots" bill that does not exempt schools and colleges. The interim commissioner of the Department of Children's Services, Jim Henry, vows to address problems at the agency and meet with advocates.
Tragos and Sartes presentation on legal implications for parents of teenagersproboscidian
This document discusses civil liability related to house parties and minors. It notes that social hosts can be liable for negligence if alcohol is provided to minors at parties under state law. Parents can also be liable for their children's actions in certain situations, such as if they sanction intentional wrongdoing or fail to control a child they know may harm others. The document also covers liability for car accidents if a minor driver lives in the parent's household. Finally, it discusses pursuing damages on a minor's behalf through a legal guardian.
This document profiles several Georgia politicians and where they stand on gay rights issues. It divides them into two groups: those who support LGBT rights and identify as LGBT themselves (Simone Bell, Lisa Borders, Jason Carter, etc.) and those who are largely opposed or have anti-gay stances (Nathan Deal, Lynn Westmoreland, Saxby Chambliss, etc.). It provides biographical information and background on their positions. The conclusion notes that only two profiles (both Democrats) openly discussed gay rights on their websites.
California voters to decide unusual measure on sex trafficking Capitol Weekly...Kinley O'Sullivan
California voters will decide on Proposition 35 in November, which aims to strengthen laws against human sex trafficking. If passed, it would expand the definition of sex trafficking, increase penalties for traffickers up to life in prison, and dedicate funds to assist victims. Current polls show strong support for the measure, with little organized opposition.
Recorded on February 28, 2013 at 12:00 p.m. EST - This webinar in the Family Law Education for Women (FLEW) series is the second of two discussions about the Children's Aid Society. This webinar looks at the child protection process from the point of view of parents who are dealing with the CAS. In this discussion, lawyer Seema Jain of Jain Family Law and Mediation discusses what parents should know before, during, and after a child protection hearing, in conversation with METRAC's Legal Director, Tamar Witelson.
Watch an archived recording of this webinar and download copies of presentation materials at:
http://yourlegalrights.on.ca/webinar/dealing-childrens-aid-society-what-parents-should-know
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
This document provides an overview of legal issues related to domestic violence and child custody. It discusses how custody and visitation processes can further abuse by allowing batterers to maintain control over victims. The document notes that courts must consider how domestic violence impacts custody arrangements and prioritize child safety over other goals. It also aims to dispel common myths about domestic violence, such as that it is easy for victims to leave their abusers or stop the abuse. The document contains resources on domestic violence and custody laws in different states.
Parental Kidnapping and Custody Issues PresentationReina
The document summarizes information presented by various members of Group 5 on the topic of parental kidnapping. It discusses definitions and laws related to parental kidnapping, statistics on parental kidnapping cases nationally and internationally, the economic impacts and psychological effects on children, and intervention steps and resources available. Key presenters included Scott Church on definitions and laws, Albandari Alrayes on statistics, Jake Discrol on economic impacts, Megan Griffith and Amanda on psychological effects, and Reina Connolly on intervention resources.
This document discusses whistleblowing laws and incentives. It outlines five ways that laws encourage whistleblowing, including by requiring whistleblowing, prohibiting retaliation, compensating whistleblowers, and providing financial incentives. The document then discusses provisions of the False Claims Act that allow private citizens to file lawsuits on behalf of the government, provides criteria for an "original source" of information, and notes a case where a whistleblower received $500 for reporting issues internally and to oversight bodies.
Domestic violence involves aggressive or violent behavior between intimate partners or family members that aims to gain power or control over the other. It can include physical, sexual, verbal, emotional, or financial abuse. Victims have legal rights and protection, and should seek help by contacting a domestic violence hotline, filing a restraining order, or developing a safety plan. Resources are available to help victims understand domestic violence and take steps to leave an abusive situation.
This document provides an overview of negligence and other torts. It defines negligence as a careless act that causes harm. There are three elements: the action is unintentional, not planned, and causes injury. Negligence is proven using criteria like duty of care, the reasonable person standard, foreseeability, causation, and burden of proof. Defenses for negligence include contributory negligence, assumption of risk, and inevitable accident. Other torts discussed include trespass, nuisance, defamation, and more.
The Pennsylvania Prison Society recently assembled a panel of criminal justice experts, victim-advocates, treatment providers, former offenders and family members. The panel’s goal is to protect the public, reduce the prison population, support victims, rehabilitate offenders, and safely reintegrate ex-offenders into society by encouraging policies that are evidence-based, practical, fiscally responsible, humane, and legally defensible. These include education and prevention programs, risk-based assessments, treatment programs, and halfway or permanent housing for registered sex offenders.
Many of the panel’s findings are contrary to public opinion.
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
The document summarizes the "kids for cash" scandal that occurred in Luzerne County, Pennsylvania between 2002-2009. When Judge Ciavarella took over the juvenile court system in 1995, he implemented a zero tolerance policy that resulted in hundreds of juveniles being detained for minor offenses. It was later uncovered that Ciavarella and another judge had received $2.6 million in kickbacks for placing juveniles in for-profit detention centers. Both judges pled guilty but later withdrew their pleas. The scandal led to reforms in the juvenile justice system and the creation of a commission to investigate.
There are several key factors that can contribute to homelessness:
1) High housing costs and a lack of affordable housing mean that many low-income households spend over half of their income on rent.
2) Unemployment and underemployment make it difficult for people to pay rent if they lose their job or have reduced hours.
3) Those struggling with substance abuse issues, mental illness, or domestic violence are also more vulnerable to becoming homeless. About a third of homeless adults have a substance abuse problem and over 10% are domestic violence victims.
Criminal Injustice System_BARNES_CONGER_MANSFIELD_STONEMiryam Stone
This document discusses the negative impacts of mass incarceration in the United States, particularly how it disproportionately affects minority families and communities. It notes that the "War on Drugs" led to a tenfold increase in incarceration rates, especially for non-violent drug crimes. This has resulted in minority groups making up a disproportionate percentage of the prison population compared to their percentage of the general population. The document also examines the emotional, financial, and social effects this has on families and communities through incarceration and after release. It calls for reform of the criminal justice system to reduce these negative consequences.
Film: A Civil Action
A Civil Action Film Analysis
A Civil Action
A Civil Action Film
Essay on Civil Action
Essay about A Civil Action
A Civil Action Term Paper
The document provides an analysis of the film A Civil Action. It discusses how the film depicts a personal injury lawyer, Jan Schlichtmann, taking on a civil case in Woburn, Massachusetts concerning a local tannery that had polluted the water supply. Several families believe their children were poisoned by contaminated drinking water from wells. The film examines the complex legal system and interface between science and law. It also shows how money influences litigation outcomes as the well-funded corporations have advantages over Schlichtmann's small firm.
This document compares victims' rights in US criminal proceedings and at the International Criminal Court (ICC). In the US, the victims' rights movement has advanced victims' participation, including allowing impact statements at sentencing. However, victims generally have a limited and passive role compared to the ICC. At the ICC, victims can be recognized as participants, obtain legal representation, question defendants, and seek reparations. While both systems allow compensation, the ICC also has a Trust Fund for Victims to provide assistance. Overall, the ICC affords victims greater formal participation in criminal proceedings than the US system.
U.S. Department of Justice Civil Rights Section Report on Violations Against ...StLouisCountyFamilyC
On July 31, 2015, the U.S. Department of Justice Civil Rights Section released findings that the St. Louis County Family Court fails to provide constitutionally required due process for children accused of being delinquent, in violation of children’s rights under the Fourth, Fifth, Sixth and Fourteenth Amendments.
Specifically, the DOJ found that the St. Louis County Family Court fails to provide adequate representation for children in delinquency proceedings, fails to adequately protect children’s privilege against self-incrimination, fails to provide adequate probable cause determinations to children facing delinquency charges, fails to adequately consider probable cause before “certifying” a child to be criminally tried in adult criminal court, fails to ensure that children’s guilty pleas are entered knowingly and voluntarily, in violation of children’s rights, and maintains an organizational structure that is rife with conflicts of interest, is contrary to separation of powers principles and that deprives children of adequate due process.
The Department of Justice also found that the St. Louis County Family Court fails to provide equal protection under law for accused African-American children at key decision points within the system. The DOJ found that the court violates the Fourteenth Amendment by treating Black children differently, even after controlling for such factors as gender, age, risk and the severity of the allegation involved.
Texas Government OnlineDeath Penalty Paper ProjectCindy Case.docxmehek4
Texas Government Online
Death Penalty Paper Project
Cindy Casey Brown
El Centro College
Summer 2018
Overview
In this presentation you will read about the death penalty in Texas, see pictures, explore websites and see videos.
You will also learn about the insanity defense in Texas.
You will also be presented with a statute (a law) regarding the duty to report child abuse.
The purpose of this exercise is to educate you on the laws in Texas that are significant - and - during you lifetime you may see the United States Supreme Court take up and comment on.
At the end of my presentation I will present you with a fictional case study and then you will write me a paper about your reflections on the work you did and what you saw in this presentation, whether you think the defendant should be charged with the death penalty, whether an insanity defense would be successful, and whether another individual in the case study had a duty to report child abuse and should be charged with a crime. The case study is based on a compilation of a few true Texas cases.
If you want to read the case study first then you can go to the case study slides and start there to get an idea of what you will be writing about. More specific details on the paper are at the end of the power point.
Why are we doing this?
I want you to leave this class being well-versed in the death penalty and the insanity defense.
Texas executes more people than any other state in the country (Texas is a big state) – this is a Texas Government class so you should know about this topic because it is a big topic in this state. During your lifetime the United States Supreme Court will take cases on this topic and make comments on it – you should be familiar with the topic.
The insanity defense – this is a big topic in the news today so I want you to work with it. With the unfortunate mass public shootings going on - if the shooter survives – the shooter is likely to plead the insanity defense – so I want you to understand it.
I think you learn so much more about these topics by doing this exercise and critically thinking through this case study than by reading about it and taking a test on it.
I know this topic can be disturbing and hard to think about – but in a college course like this it is important to address.
And remember – I am NOT trying to make you think one way or the other or push any opinion on you – I am trying to present many sides to a hard topic that will make you think – whatever your opinion is it does not impact your grade – your grade on this project is based on your hard work and critical thinking and analysis and your ability to form opinions and back them up.
Do Not Do This
Assignment Around Children
This is a hard topic and many of these photos are hard to see and stories are hard to hear. You are a in a college level course so I know you can handle this material.
But please DO NOT watch these videos or explore these websites around children or in a publ ...
This document summarizes juvenile crime and probation in the United States. It discusses how the juvenile crime rate has declined in recent decades but remains a significant problem. Juvenile probation is presented as the most common disposition for juvenile offenders, with the goals of assisting juveniles and facilitating their reintegration into the community as an alternative to incarceration. The development of the juvenile justice system and juvenile court is outlined, noting how it originally aimed to focus on rehabilitation over punishment but now provides juveniles with more constitutional rights and procedural safeguards following Supreme Court cases like Kent v. United States and In re Gault.
The juvenile justice system originated from the child-saving movement which argued the state has a responsibility to protect children. The first juvenile court was established in Illinois in 1899 and differed from adult courts by having no juries, different terminology, and focus on rehabilitation over punishment. A series of Supreme Court cases from 1966-1975 gave juveniles some due process rights like right to counsel. Today states set their own juvenile justice policies but the system focuses on rehabilitation for youth offenders.
Unit V Significant U.S. Supreme Court Rulings and the Imp.docxmarilucorr
Unit V: Significant U.S. Supreme
Court Rulings and the Impact on
the Juvenile Justice System in
America
Introduction
• We are now starting Unit V: Significant U.S. Supreme Court
Rulings and the Impact on the Juvenile Justice System in
America.
• So far, we have covered and discussed the historical
background of juvenile delinquency and the juvenile justice
system in the United States, criminological theories that help
to expand our understanding of juvenile delinquency, the
complex relationship between police officers and juveniles,
juvenile gangs, and key actors that help play crucial roles as
they relate to the structure of the juvenile court system.
Unit V: U.S. Supreme Court Rulings
• If you will recall, you learned about juvenile defense attorneys,
juvenile prosecuting attorneys, and the juvenile court judge in
the previous unit.
• In this unit, you will take what you have learned and expand
your knowledge, exploring U.S. Supreme Court cases that
helped define and direct juvenile corrections, juvenile defense
attorneys, juvenile prosecuting attorneys, and juvenile court
judges.
Unit V: U.S. Supreme Court Rulings
• Before we begin, watch the video linked
below that continues the story of Little
John, a juvenile.
https://online.columbiasouthern.edu/csu_c
ontent/courses/emergency_services/bcj/bcj
2201/15K/video/unitv_video.mp4
• Click here to access the transcript for this
video.
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
https://online.columbiasouthern.edu/CSU_Content/courses/Emergency_Services/BCJ/BCJ2201/15K/transcripts/BCJ2201_UnitV_Transcript.pdf
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
Consider the Following
You will want to start thinking about this question as you read
through the following U.S. Supreme Court decisions and cases:
• How does this case directly relate to juvenile defense attorneys
and juvenile court judges who preside over juvenile court
cases?
Court Cases
The information below provides a brief description of some of
the cases we will explore.
Figure 1: U.S. Supreme Court decisions impacting juvenile court system.
(“U.S. Supreme Court Cases,” 1999)
https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
Kent v. United States
So, let’s begin by examining the first landmark case you will learn
about: Kent v. United States. Before we can examine the case,
we need to know the background and historical makeup of the
case.
• In 1961, Morris Kent was a 16-year-old juvenile who was
charged with rape and robbery.
• While in custody, Kent confessed to the criminal charges and
crimes against him.
Kent v. United States
• Kent’s defense lawyer filed a request ...
Texas Government OnlineDeath Penalty Paper ProjectCindy Case.docxarnoldmeredith47041
Texas Government Online
Death Penalty Paper Project
Cindy Casey Brown
El Centro College
2019
Overview
In this presentation you will read about the death penalty in Texas, see pictures, explore websites and see videos.
You will also learn about the insanity defense in Texas.
You will also be presented with a statute (a law) regarding the duty to report child abuse.
The purpose of this exercise is to educate you on the laws in Texas that are significant - and - during you lifetime you may see the United States Supreme Court take up and comment on.
At the end of my presentation I will present you with a fictional case study and then you will write me a paper about your reflections on the work you did and what you saw in this presentation, whether you think the defendant should be charged with the death penalty, whether an insanity defense would be successful, and whether another individual in the case study had a duty to report child abuse and should be charged with a crime. The case study is based on a compilation of a few true Texas cases.
If you want to read the case study first then you can go to the case study slides and start there to get an idea of what you will be writing about. More specific details on the paper are at the end of the power point.
Why are we doing this?
I want you to leave this class being well-versed in the death penalty and the insanity defense.
Texas executes more people than any other state in the country (Texas is a big state) – this is a Texas Government class so you should know about this topic because it is a big topic in this state. During your lifetime the United States Supreme Court will take cases on this topic and make comments on it – you should be familiar with the topic.
The insanity defense – this is a big topic in the news today so I want you to work with it. With the unfortunate mass public shootings going on - if the shooter survives – the shooter is likely to plead the insanity defense – so I want you to understand it.
I think you learn so much more about these topics by doing this exercise and critically thinking through this case study than by reading about it and taking a test on it.
I know this topic can be disturbing and hard to think about – but in a college course like this it is important to address.
And remember – I am NOT trying to make you think one way or the other or push any opinion on you – I am trying to present many sides to a hard topic that will make you think – whatever your opinion is it does not impact your grade – your grade on this project is based on your hard work and critical thinking and analysis and your ability to form opinions and back them up.
Do Not Do This
Assignment Around Children
This is a hard topic and many of these photos are hard to see and stories are hard to hear. You are a in a college level course so I know you can handle this material.
But please DO NOT watch these videos or explore these websites around children or in a public plac.
Page 1 of 5 Victims’ Rights Cory P. Haberman U.docxalfred4lewis58146
Page 1 of 5
Victims’ Rights
Cory P. Haberman
University of Cincinnati
INTRODUCTION
During the early period of the criminal justice system, crime victims were responsible for bringing their
cases before the court for prosecution. Eventually, prosecutors’ offices were created and became
responsible for representing the state during court proceedings. Prosecutor’s offices were developed for
three reasons: (1) it demonstrated that crimes are committed against all of society and not just the
victim, (2) it removed the value of vengeance from criminal justice process, and (3) it meant that
specially trained professionals are responsible for the legal process in which in return ensures fair and
effective prosecutions take place. After the development of modern prosecutors’ offices, victims
essentially became excluded from the criminal justice process [1]. The Victims’ Rights Movement sought
to change that. In the remainder of this lecture we will discuss the Victims’ Rights Movement, the
policies that resulted from it, and the impacts of those policies on criminal justice outcomes.
THE VICTIMS’ RIGHTS MOVEMENT
The Victims’ Rights Movement (VRM) began in the 1970s. Young and Stein suggest the VRM was
jumpstarted due to: (1) an increase in criminological research on victimology, (2) the introduction of the
idea that states should supply victims with financial compensation after victimization, (3) women’s rights
movements, (4) the rise of crime throughout the 1960s (and on) and the perception that the criminal
justice system was ineffective, and (5) the growth of activism and the founding of activity groups by
crime victims (e.g., Parents of Murdered Children or Mothers Against Drunk Driving). First, researchers
began to question why some people became victims of crime or failed to report crimes to the police.
Second, after some states began to copy programs in other countries that supplied compensation to
crime victims, the seed was planted for thinking about what could be done to assist crime victims. Third,
women’s rights activist began to question the lack of attention that was paid to sexual assault crimes
and domestic violence. Fourth, after crime rates began to rise throughout the 1960s, many people
questioned the effectiveness of the criminal justice system and particularly the fact that many
prosecutions failed because victims refused to move forward in the cases. Fifth, a number of crime
victims started advocacy and support groups for crime victims, and those groups began to lobby
legislatures for support for crime victims. With the help of federal funding, most states had adopted at
least some victims’ services programs by the end of the 1970s that focused on crisis intervention,
counseling, support during the criminal justice process, victim compensation, and victim restitution [2].
The VRM continued in the 1980s. In 1984, the Victims of Crime Act (VOCA) was passed. VOCA
.
This document summarizes juvenile probation and the juvenile justice system in the United States. It discusses how juvenile probation developed from the first juvenile court in 1899 in Cook County, Illinois. The goals of juvenile probation were to assist juveniles and help them reintegrate into their communities rather than incarcerating them. However, in the 1960s and 1970s, the Supreme Court ruled that juveniles were entitled to certain constitutional rights during adjudication like due process, right to counsel, right against self-incrimination, and right to confront witnesses. This led to reforms in the juvenile justice system to make it fairer for juveniles.
1).Over the last few centuries numerous historical events have t.docxcroftsshanon
1).Over the last few centuries numerous historical events have taken place that resulted in a major impact on the contemporary juvenile justice network in the United States. The notion of age of responsibility and maturity level has been the central focus since the inception of recorded history. The question remains today of when and under what circumstances children are capable of forming criminal intent ("Juvenile Justice", p. 5) which has led to continuous debates still occurring today.
Up until the early 1800s juvenile offenders in the United States received the same treatment and punishment as adult offenders. It was very common for juveniles to be housed with adults as well. In 1818, a New York City commission initiated the term "juvenile delinquency", and brought to the attention of the public eye and identified pauperism, or poverty, as a root cause of misbehavior amongst juveniles. In 1825, the Society for the Prevention of Juvenile Delinquency began to campaign for the separation of juveniles from adults. Over the course of the next few years, numerous juvenile institutions were established. These institutions, known as houses of refuge, primarily focused on education and treatment, instead of solely focusing on punishment ("Juvenile Justice", pp. 6-7).
With public warning from the New York City police chief, that violent juvenile offenses were steadily increasing, in 1849 the United States transitioned from houses of refuge to concentrating on reform schools and preventive agencies ("Juvenile Justice", p. 7) Industrial Schools for dependent children were founded in 1879, as a result of the Industrial School Act, preceded by the Chicago Reform School Act, but were later held unconstitutional. As a result of unsuccessful reform schools , the child savers movement developed during the post-Civil War era, with high and genuine concern for the welfare of children, leading to the establishment of the first juvenile/family court in 1899 ("Juvenile Justice", p. 8).
By 1932 the number of independent juvenile courts across the United States, exceeded 600. All states had enacted laws developing separate juvenile courts by 1945. Because juvenile courts were not criminal courts , juvenile offenders did not possess the same constitutional rights as accused adult offenders. Historical U.S. Supreme Court cases such as
Holmes
,
Kent v. United
States
, Gault
, and
McKeiver v. Pennsylvania
, mentioned in this week's reading, and their holdings, have all had a dramatic impact on the contemporary juvenile justice network in America ("Juvenile Justice", pp. 9-10).
A few other major historical legislative acts that dramatically impacted the contemporary juvenile justice network in the United States have been enacted by Congress over the years. The Juvenile Justice and Delinquency act of 1974, which established the Office of Juvenile Justice and Delinquency Prevention to support efforts - local and state - in delinquency prevention and juvenil.
Landmark Cases 1
Landmark Cases 5
Landmark Cases
Shawnette Howard
SNHU
2/13/2022
Landmark cases have been able to shape the development of freedoms in the idea that freedom of speech has continuously been put in check to ascertain whether there is a need for improvement or not. If so, they outline the steps to be lawfully followed to ensure these freedoms are not manipulated to undermine their importance within a legal bracket. Some of the landmark cases that impacted digital communication in a significant manner are New York Times v Sullivan, Reno v. ACLU, and Brandenburg v Ohio.
Reno v. ACLU
The Reno v. ACLU case involved an assessment of the Communications Decency Act of 1996. This case provided the needed criminal course of action against any individual that used the internet to transfer obscene messages, which are general messages that are indecent (Marano, 2017). This was explicitly when the transferor the message itself involved a minor (A person under 18 years). Therefore, Congress came up with an agreeable vote to pass the Communications Decency Act to curb the issue of pornography. CLU, however, argued that the act contained elements of unconstitutionality (Djavaherian, 1998). And it was based on this argument the supreme court ruled the act as a violation of the First Amendment right to speech. The idea behind this argument was that it was a content-based restriction.
The case brought changes in the communication industry. One of the major supreme court cases directly linked the past of communication, especially in the digital platform, to the future. Arguably, any court ruling may have an upside as well as a downside, especially if it involves opening the doors to freedoms but limiting some notions of morality. The case made a solid ground from which the law recognized the freedom of speech; from this case, the freedom was further given a broader scope to work on. It is also worth considering that this case ushered in the idea of self-expression without limiting oneself to what others find as right. The case allowed people to act in their capacity; this was the basic foundation of freedom of speech for future generations.
New York Times v Sullivan
The case was mainly a prominent aspect of promoting freedom of speech. The case created a platform from which newspapers could go in-depth and chase a story irrespective of where it took them. Sullivan sued the New York Times for defamation in an ad by the Newspaper. However, the Newspaper argued that they did not desire to tarnish Sullivan's identity when the ad was posted. An Alabama court awarded Mr. Sullivan $500,000 worth of damages to be paid in good time by the New York Times (Wasserman, 2012). The Newspaper, however, made an appeal in the supreme court, in which case the supreme court declared that the case would favor the Newspaper. This was because for the suit to stand, Mr. Sullivan would have to prove that the Newspaper intentionally used information that ...
Literary Analysis on Solving Problems in America's Law EnforcementStewart Fountain
This document analyzes previous research on police brutality. It discusses how underreporting of crimes and excessive use of force cases has led to uncertainty around the true extent of the problem. Sociological studies have attempted to understand why police brutality occurs and why some communities are unhappy with law enforcement. However, the document notes that reliable data is limited due to underreporting. Overall, the analysis finds that police brutality remains an issue that must be addressed to rebuild trust between law enforcement and the communities they serve.
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This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
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Matthew Professional CV experienced Government LiaisonMattGardner52
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2. LEGAL INTERVENTIONS
• Child pornography is like drug crimes: production,
distribution, trafficking, possession, plus facilitating,
advertising, and enticing
• Mandatory minimum sentences in the federal courts,
most state courts are much more lenient
• 2/3 of the criminal prosecutions are in state courts
• No federal “rape” statute – child pornography
prosecutions only address production of the images,
not hands-on acts
• Federal restitution for victims and state crime victim
funds
• Both federal and state civil remedies for victims
3. FEDERAL CHILD PORNOGRAPHY VICTIM
REMEDIES
• 18 U.S.C. 2259 – federal criminal remedy (restitution)
• 18 U.S.C. 3771 – Crime Victims’ Rights Act of 2004
• 18 U.S.C. 3509 – Child Victims’ Rights Act (privacy provisions)
• 18 U.S.C. 2255 – federal civil remedy (Masha’s Law)
• 18 U.S.C. 2252A(f) – additional federal civil remedy
4. CRIMEVICTIMS RIGHTS ACT OF 2004
• Federal Crime Victims’ Bill of Rights
• Timely notice of offenses and court proceedings
• Right to be reasonably heard (victim impact statement)
• Right to confer with the attorney for the government
• Right to full and timely restitution
5. THE VICTIM'S
ATTORNEY
• Receive communications
which might upset the client
• Documentation for restitution
• Refer to treatment and
services
• Advocate for client
• Ensure client’s best interests
6. RESTITUTION BASICS UNDER 18 U.S.C. 2259
• “Victim” is the person harmed as a result of the child
pornography crime
• Restitution is mandatory
• Victim is entitled to the “full amount” of their losses
• Pecuniary losses – not pain and suffering or emotional
damages
7. CONTENTS OF
RESTITUTION
REQUESTS
Forensic Evaluations which may
include:
• Psychological
• Medical
• Vocational / Educational
• Economic / Lost Income
Other Expenses such as
transportation, child care, proximate
result of the crime
8. PAROLINE V. UNITED STATES
• Supreme Court granted cert on June 27, 2013
• What, if any, causal relationship or nexus between the
defendant's conduct and the victim's harm or damages must
the government or the victim establish in order to
recover restitution under 18 U.S.C. 2259
• Oral argument January 22, 2014
• Decision April 23, 2014
9. ROADTOTHE SUPREME COURT
Circuit Case Date
First Chiradio / Kearney July 2012 / February 2012
Second Aumais / Lundquist September 2011 / September 2013
Fourth Burgess July 2012
Fifth Paroline / Wright November 2012
Sixth Gamble / Crawford February 2013
Seventh Laraneta November 2012
Eighth Fast March 2013
Ninth Kennedy / Cantrelle October 2012
Tenth Benoit April 2013
Eleventh McDaniel / Webb January 2011 / September 2011
DC Monzel April 2011
10. JUSTICE KENNEDY WROTETHE MAJORITY DECISION
A court should order restitution in an amount that comports
with the defendant’s relative role in the causal process that
underlies the victim’s general losses.
11. PAROLINE MAJORITY
Amount should not be severe
Amount should not be token, nominal, or trivial
Award should be reasonable and circumscribed
Victim should someday collect for all her child pornography losses
“Rough guideposts” with discretion and sound judgment,
but no “caprice”
12. PAROLINE DISSENT
Unfortunately, the restitution statute that Congress wrote for child
pornography offenses makes it impossible to award that relief to
Amy in this case.…Congress set up a restitution system sure to fail
in cases like this one.…[I]t would be a mistake…to lead readers to
conclude that…Congress has done justice for victims of child
pornography. The statute as written allows no recovery; we ought to
say so, and give Congress a chance to fix it.
Justices Roberts, Scalia, and Thomas
13. CRISOSTOMI (RI JULY 2014)
It appears to this Court that some of the factors the Supreme
Court suggests be considered are at best difficult, and at
worst impossible to calculate in this case as in most similar
cases. The Court is not entirely comfortable making such
calculations in this or similar situations but believes it
compelled to do so by the U.S. Supreme Court opinion
in Paroline.
14. REYNOLDS (EDMI AUGUST 2014)
Paroline suggests that district courts, ‘as a starting point,
determine the amount of the victim’s losses caused by the
continuing traffic in the victim’s images’…[T]he Court
believes…it is simply not possible for the Government to
‘as a starting point,’ the amount of losses caused by the
‘continuing trafficking’ in Cindy and Vicky’s images. This
theoretical starting point will simply not exist in many
15. MINER (NDNY SEPTEMBER 2014)
As an initial matter, the Court notes that of the handful of
district courts that have grappled with the matter of
restitution in child pornography cases post-Paroline, several
have expressed their concern with the lack of precise
guidance from Congress and the Supreme Court in deciding
restitution awards in these circumstances…. Having now
grappled with the same issues, this Court finds that such
concerns are well-founded.
16. AUSTIN (DNV SEPTEMBER 2015)
Some courts have difficulty determining a starting point for
the losses caused by the “continuing trafficking” of images.…
Paroline is of limited use because no logical starting point
point can be determined.
17. AYER (DNV NOVEMBER 2015)
While the Paroline factors offer some guidance, the practical
application of those factors is extraordinarily difficult.
18. MILLER (EDMI NOVEMBER 2015)
It is extremely difficult to quantify the loss sustained by
these minor victims.
19. DILEO (EDNY NOVEMBER 2014)
Though commentators may quarrel over the astuteness of the
Supreme Court’s professed confidence in the skill of the
district courts to divine a true course through this
thicket…the task seems akin to piloting a small craft to safe
harbor in a Nor’easter.…. The task of charting passage
through these unknown waters is overwhelming.
20. CAMPBELL-ZORN (MT DECEMBER 2014)
These tools provided by Paroline, while seemingly useful in a
theoretical sense, have proven to have very difficult, and
very limited, practical application.
21. GALAN (DOR JULY 2014)
The current statutory process for restitution does not fully
compensate losses suffered by child pornography victims and
may, in fact, dissuade victims from seeking restitution; the
end result is hardly worth yet another reminder of their
continued exploitation. The court cannot remedy this
problem. Rather, it is up to Congress to develop a system to
truly compensate child pornography victims for the losses
they continue to suffer.
22. SCHULTZ (DMA OCTOBER 2015)
Congress is currently considering a enacting a law that would
provide for a graduated system of restitution for victims of
child pornography beginning with a minimum amount of
$25,000 for possession. If enacted, this law would eliminate
much of the present variability in victim restitution awards.
23. GALAN (9TH CIRCUIT 2015)
We do agree that this area, in which Congress has adopted a
scheme that at least approaches the limits of fair
adjudication, despite attempts by the courts to avoid
caprice, cries out for a congressional solution.
24. GALAN (9TH CIRCUIT 2015)
In order to obtain restitution, child pornography victims in
the Ninth Circuit now have to prove—in addition to the
confounding Paroline factors—”many [additional] factors”
such as:
• the egregiousness of the original [sex] abuse;
• how a victim can (or does) cope with that kind of [rape and
sexual abuse] abuse when distribution of images does not
follow;
• and the particular victim’s own reactions to the various
traumas to which the victim has been subjected;
25. AMY, VICKY, AND ANDY CHILD PORNOGRPHY
VICTIM ASSISTANCE ACT OF 2018
• Intent of Congress that victims of child pornography
be compensated by every perpetrator who contributes
to their anguish (APSAC statement is also cited in the
Congressional findings)
• Restitution in “an amount that reflects the
defendant’s relative role in the causal process”
(Paroline standard) but no less than $3000
• Defined monetary assistance of $35,000 one-time
payment for trafficking victims only (not production)
• Defendant assessments to fund + $10 million set aside
• Victim right to evidence
• Progress report and fund report after 2 years
• Signed into law on December 7, 2018
26. TIMELINETO PASSAGE
• April 23, 2014 – United State Supreme Court Paroline v. United States decided
• May 7, 2014 – Amy and Vicky Act introduced in Senate
• June 26, 2014 – Amy and Vicky Act introduced in the House
• July 30, 2014 – US Sentencing Commission: vast majority criminals pay zero restitution
• December 31, 2014 – AVA dies at the end of the Congressional session
• January 28, 2015 – AVA reintroduced in the House and Senate
• February 5, 2015 – AVA clears the Senate Judiciary Committee with bipartisan support
• February 11, 2015 – Senate passes the AVA 98-0
• March 19, 2015 – House Judiciary Crime Subcommittee holds hearing on the AVA
• December 31, 2016 – AVA dies again at the end of the Congressional session
• November 16, 2017 – Amy Vicky and Andy Act Introduced in the Senate (S.B. 2152)
• January 23, 2018 – Passed the Senate by Unanimous Consent
• September 28, 2018 – Passed the House by Unanimous Consent
• November 15, 2018 – Passed the Senate by Unanimous Consent
• December 7, 2018 – Signed by the President and becomes Public Law 115-299
27. DISAGGREGATION
American Professional Society on the Abuse of Children
“for the victims [of child pornography], the sexual abuse of
the child, the memorialization of that abuse which becomes
child pornography, and its subsequent distribution and
viewing become psychologically intertwined and each
compound the harm suffered by the child-victim.”
28. ROTHENBERG (11TH CIRCUIT 2019)
• A victim does not need to separate the harm caused by the original hands-on abuser
from the harm caused by distributors and possessors of images of the abuse;
Disaggregation is NOT required.
• A court is not required to follow other court’s decisions on restitution for a
particular victim, nor must it justify why it disagrees with other another court’s
restitution determination.
• A court should affirmatively recognize the defendant’s role as either producer,
distributor, or possessor.
• Evidence that a child pornography victim was aware of and specifically harmed by a
particular defendant is not required.
• Determining restitution is an “inexact science.”
• A declaration from the victim’s attorney outlining the likely costs of treatment
based on the attorney’s experience with eight other victims is sufficient to support
a restitution request of $100,000 for treatment.
29. WHITLEY (NDIL 2019)
CHILD TRAFFICKING CASE
• Chastises the government for an incomplete submission on behalf of the
victim.
• A victim need not use restitution for therapy or for any specific purpose:
“We compensate a victim with restitution, that is money – whether she
chooses to use the money in a particular way is up to her.”
• Restitution should cover a child’s losses over her lifetime. A minor victim
will certainly have future expenses.
• Recognizes physical health problems and scientific research on trauma.
• Among many authorities cites CDC study estimating > $200,000 lifetime per
victim burden of child sex abuse.
• Orders the court clerk to set up a trust for the four minor victims.
30. CIVIL REMEDIES
• Federal Statutory Remedies 18 U.S.C. 2255 / 18 U.S.C. 2252A(f)
• State Statutory Remedies in Florida, Kansas, Louisiana,
Nebraska, Nevada, New Jersey, Oklahoma, South Dakota
• Invasion of Privacy: Intrusion upon Seclusion / Intrusion into
Private Affairs / Public Disclosure of Private Facts
• Intentional Infliction of Emotional Distress
• Punitive Damages
• State R.I.C.O.
31. CREATIVE POSSIBILITIES
• Hidden causes of action in 18 U.S.C. 2255
• Review ALL the predicates (currently 14 separate provisions)
• New predicates being added all the time by Congress
• Courts have interpreted statute broadly with few
limitations
32. CIVIL REMEDIES UNDER 18 U.S.C. 2255
LAW UPDATED 30JANUARY 2018
• Clarifies that the $150,000 statutory damages clause is “liquidated damages”
• Clarifies that victims can elect “actual damages” OR $150,000 in “liquidated damages”
• Adds “other litigation costs reasonably incurred” to statutorily recoverable losses such as attorney’s fees
• Specifically allows courts to award punitive damages
• Specifically allows courts to award “such other preliminary and equitable relief as the court determines to be
appropriate”
• Extends the statute of limitations to 10 years after the victim turns age 18
• Adds a “reasonably discovered” provision to the statute of limitations – plaintiffs will have 10 years after they
reasonably discover “the violation” or “injury” to file their action
• Adds a provision providing for national venue
• Adds a provision providing for national service of process
33. MARSH LAW FIRM PLLC james@marsh.law ● 212-372-3030 ● www.marsh.law