Opinion


In Supporting the Gymnastics Victims, Judge Aquilina Got It Right

by Paul CassellRecently the country watched Michigan Judge Rosemarie Aquilina allow crime victims—dozens of them—to testify during the sentencing hearing of Olympics doctor, Larry Nassar. These victims spoke eloquently and emotionally about the terrible harm that Nassar had caused. After hearing from the victims, Judge Aquilina sentenced Nassar to 40 to 175 years in prison, to be served after completion of an already-imposed 60-year prison term. The lengthy sentence appears to have broad public approval as punishment that fits the crime. But a few legal commentat...

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Hatch and Corwin Editorial: A Lifeline for Victims of Child Pornography

Child pornography leaves in its wake a trail of tragedy and shattered life. While public policy may never eradicate this evil altogether, it can at least alleviate the suffering of its victims. That’s exactly what Senator Hatch has sought to do with a groundbreaking new proposal that will provide justice for victims of child pornography.In an effort to update our laws for the digital age, Senator Hatch has introduced the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, named after the victims of some of the most widely circulated child pornography series ...

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Should race-based income projections be banned from the courts?

On Tuesday, The Post ran this interesting article about race-based income projections in tort cases. The article highlighted a recent federal case in which a Brooklyn jury had to determine how much to award a 4-year-old mentally disabled boy who had been harmed from living in an apartment illegally coated with lead paint. The landlord’s defense attorney disputed the lifetime income projections provided by the boy’s attorney because the boy was Hispanic and, accordingly, the attorney argued, statistically less likely to obtain an advanced education that would result in ...

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Congress needs to act to allow victims of child sex abuse to recover restitution

The justices are right in thinking that Congress should revisit the issue. Legislation set to be introduced Wednesday by Sens. Charles E. Schumer (D-N.Y.) and Orrin G. Hatch (R-Utah) seems to be a step in the right direction, with its outline of options for full victim recovery when multiple individuals are involved and giving multiple defendants who have harmed the same victim the ability to sue each other to spread the cost of restitution. The court was clear in its opinion that “the victim should someday collect restitution for all her child pornography losses....

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SCOTUS limits the amount of money child porn victims can get from people who possess it

This Wednesday morning, SCOTUS voted to put a limit on the amount of restitution that people who consume child pornography pay the victims of child pornography. Surprisingly, the court was mostly not divided between “putting a limit on restitution” and “not putting a limit on restitution”–but between limits and no restitution at all. Voting in favor of no restitution at all, naturally, were Roberts, Scalia and Thomas. Once again, the only Justice with a brain in her head, Justice Sotomayor, wrote a dissent of her own saying that there should be no limit, period ...

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Op Ed: Paroline Raises Difficult Questions for Supreme Court

JURIST Guest Columnist Warren Binford of Willamette University College of Law argues that the US Supreme Court should hold individual possessors of child pornography liable for the full damages allowed under the Violence Against Women Act first to help victims of child pornography recover as quickly and fully as possible and to uphold US international treaty obligations ...

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Opinion: Paying a price for child pornography

Sometimes, justice requires being fair even to those who don't deserve it. And justice in this case means rejecting the argument that Paroline must pay for all his fellow criminals.

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Opinion: Child pornography: Who should pay?

Child pornography is a growing international scourge. Demand has increased, as have the number of victims and the cruelty of the crimes. Anonymous online sharing has exacerbated the problem, rendering the industry more opaque and prosecution more elusive. The victims of this sordid market need assistance, not legal machinations that impede recovery.

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Opinion – Murphy: Court to weigh who must pay in child porn case

The legal issues in Paroline's case may be complicated, but deciding whom to burden with the task of distributing restitution responsibilities fairly is simple. The bad guys, not the victims or the courts, should bear the burden. Imposing a substantial restitution order on a guy like Paroline will serve as a strong deterrent to others who may be considering becoming involved in the crime. It will also encourage young victims to speak out not only to achieve justice but also to obtain money they desperately need and deserve to help them heal.

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