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November 22, 2013

Gearing up for Paroline with a short "Child Pornography Restitution Update"

Through oral argument in the fascinating Supreme Court case of Paroline v. United States is still a couple months away, it is not too early to start thinking about the range of challenging issues restitution sentences for child porn downloading victims presents for the Justices.  One way to gear up, of course, is to review the parties opening briefs, all of which are now in and are available via SCOTUSblog on this Paroline case page.

Another effective way to start gearing up would be to read this short piece available now on SSRN titled simply ""Child Pornography Restitution Update" and authored by Mary Leary and James Marsh (who represents a victim seeking restitution). Here is the abstract:

This article discusses the issue of restitution for victims of child pornography cases. It specifically explores the legal background to this issue, relevant court opinions, and implicated statutes (18 U.S.C. §§ 2259; 3771) regarding the ability of child pornography victims to obtain restitution from those who possessed child pornography images, also known as images of child sexual abuse. The article addresses the current circuit split and pending Supreme Court case, Paroline v. United States. In addition to an analysis of the judicial opinions, this piece also discusses several policy initiatives available to address the issue.

November 22, 2013 at 10:41 AM | Permalink

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Comments

Defendants in these bogus lawsuits should file cross claims against the federal government.

It informed the victims and was the proximate cause of any distress.

Its prohibition of child porn made it extremely profitable and induced criminal syndicates to produce it.

Its prohibition is also associated with a steady increase in the real world sexual abuse of children. It is the prohibition that suborns child abuse, not the purchase of the depiction at a later date.

Here we have the real aim of these laws finally revealed, the seizures of the assets of the productive male by the feminist lawyers and their male running dogs.

Posted by: Supremacy Claus | Nov 23, 2013 12:14:17 AM

Oh Great Claus. Since you have been harping on this issue for years, I fail to see how the "real aim" of the "feminist lawyers and their male running dogs" is only now something that has been "finally revealed" to you.

Posted by: Daniel | Nov 23, 2013 9:31:43 PM

I will note that my 15 minutes of fame have begun, my note on restitution was cited in Paroline's brief on the merits requesting a brief.

Posted by: Brian K | Dec 16, 2013 1:51:25 PM

I should have said requesting a writ.

Posted by: Brian K | Dec 16, 2013 1:52:42 PM

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