Restitution


U.S. Supreme Court Clarifies Standards for Restitution Orders

The court in Paroline crafted a new causation standard for awards of restitution following federal criminal convictions. As Chief Justice John Roberts Jr. noted in his dissent, the restitution statute at issue in this case is not limited to child-pornography cases. The court's decision may thus affect a wide range of criminal cases, from fraud to conspiracy to civil rights. ... Roberts' dissent provides the key to this decision's potential widespread application. The court's decision seemed to speak more broadly than simply the child-pornography context, and its ...

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Child Porn Restitution Cases Vacated; New Vague Standard Awaits

Yesterday, the Fifth Circuit made it official: The two child-porn restitution orders for Michael Wright and Doyle Paroline, which made it to the U.S. Supreme Court, are now vacated and remanded to the district court. And while the two orders were brief and uneventful, it seems likely that these cases will return at some point. After all, not only are there causation issues and ever more defendants (the images are still widely traded online by pedophiles), but the Supreme Court barely helped the issue by vaguely ordering the lower courts to order "restitution in an ...

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Should I be hopeful Amy can now recover more restitution after major child porn bust in NYC?

"Just how many prominent, successful men are child porn fiends?". As the title of this post suggests, following the Supreme Court's messy "split-the-difference" approach to child porn restitution in its recent Paroline ruling...I am hoping a silver lining to this dark cloud might be that CP crimes committed too often by persons "well-educated and successful in private and professional lives" might now mean more restitution getting paid to the unfortunate victims of these crimes.

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In Response to Recent Suprme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen Law For Child Pornography Victims

"In the Paroline decision, the Supreme Court made it clear that the ball was in Congress' court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime. The Amy and Vicky Act is that solution."

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Bipartisan statutory fix after SCOTUS Paroline mess for child porn restitution intoduced in Congress

The measure would rewrite a section of the Violence Against Women Act and make it easier for victims of child pornography to be granted "full restitution" from felons who have made, distributed or viewed images of their sexual abuse online.

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In Response to Recent Supreme Court Decision, Senators Hatch and Schumer to Introduce Bill to Strengthen the Law for Child Pornography Victims

"Victims of child pornography suffer a unique kind of harm and deserve a unique restitution process, and the Amy and Vicky Act is that solution," Hatch said. "In the Paroline decision, the Supreme Court made it clear that the ball was in Congress" court in order to give child pornography victims the tools necessary to seek restitution from those responsible for perpetuating this heinous crime."

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Bill would address Supreme Court ruling on porn victims

James Marsh, a longtime advocate for restitution for child-pornography victims, said the 5-4 April Paroline ruling forces "victims to forever chase defendants and recover next to nothing." The new bill, however, "creates a practical process" that ensures timely restitution for victims and "puts the burden on defendants, where it belongs," he wrote on the Marsh Law Firm's ChildLaw blog

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

The Supreme Court did not dispute her suffering nor her right to receive restitution from viewers who take pleasure in her abuse and create the sordid market demand for child pornography. But the court set aside the $3.4 million awarded her. Now Congress needs to fix the law.

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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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No Breaks for Child-Porn Criminals

Amy suffered a breakdown and fell into a deep depression. It is estimated that thousands of individuals around the world are now in possession of photographs of Amy's abuse. As she testified in court, every day "it's like I am being abused over and over again."

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