Paroline


A legislative fix for Paroline?

Unless Congress is satisfied with the vague standard of the majority, it could look good for all of Congress to get tougher than the Court was willing to be on child pornographers - particularly when the Court's ruling means that many victims are undercompensated.

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Houston Lawyer Notches Third SCOTUS Win, This Time in Child-Porn Restitution Case Read more: http://www.texaslawyer.com/id=1202652494201/Houston-Lawyer-Notches-Third-SCOTUS-Win-This-Time-in-ChildPorn-Restitution-Case#ixzz3eBKx59d9

What's most important about the high court's decision in Paroline is that when courts assess mandatory restitution on defendants, "you have to look at the defendant's conduct and see if the award is proportional to the defendant's conduct or it could violate the Eighth Amendment,'' said veteran Houston criminal defense attorney Stan Schneider, who represented Doyle R. Paroline.

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Paroline v. United States

The Fifth Circuit erred in holding that defendant, who pled guilty to possessing child pornography, two of which depicted images of the victim here, was liable for said victim's entire losses from the trade in her images, where: 1) restitution is proper under 18 U.S.C. 2259 only to the extent the defendant's offense proximately caused a victim's losses; 2) victims should be compensated and defendants should be held to account for the impact of their conduct on those victims, but defendants should only be made liable for the consequences and gravity of their own conduct, ...

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Victim Of Child Porn Gave A Devestating Response To Huge Supreme Court Defeat In Her Case

Doyle Randall Paroline had to pay the full amount of the damages owed to her under a theory known as joint and several liability. Under the Supreme Court's decision, courts will have to determine how much money each defendant owes a child porn victim, which could be particularly onerous for victims like Amy.

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Supreme Court limits restitution in child pornography case

Amy's case is one of several in which victims are seeking restitution from people who obtained pictures of sexual abuse online, but it is the only one to reach the high court following a lower court's decision that restitution of the full amount was required.

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The Supreme Court promises child pornography victims full restitution “someday.” How long is that?

Since January 2006, Amy has received more than 1,800 notices that her images have been found in criminal cases. Moreover, as of 2009, the National Center for Missing and Exploited Children (NCMEC) had found Amy's images in 3,200 American federal and state criminal cases - a number that apparently doubled in just the last four years, according to NCMEC's amicus brief.

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Justices Limit Resitution For Child Pornography Victims

The lineup of justices in the case was unusual, with Kennedy joined by justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito Jr. and Elena Kagan. Chief Justice John Roberts Jr. dissented seperately.

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Supreme Court limits restitution in child pornography case

Amy's case is one of several in which victims are seeking restitution from people who obtained pictures of sexual abuse online, but it is the only one to reach the high court following a lower court's decision that restitution of the full amount was required.

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Mixed Supreme Court ruling on damages for child porn victims

"As a practical matter, it may be impossible for Amy to collect the full amount if the court is ruling out big awards," said University of Utah law professor Paul Cassell, who represented Amy. "This will mean hand-to-hand combat in lots of criminal courts.

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Divided court strikes down big porn award

"I really don't understand where this leaves me and the other victims who now have to live with trying to get restitution probably for the rest of our lives," Amy wrote on the website of James R. Marsh, one of her attorneys.

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