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Abstract: 

After considerable experience representing (Friedman) and evaluating and treating (Weiss) the gamut of criminal sexual offenses, the authors note that, despite what may be commonly thought, most possessors and viewers of child pornography offenses are not difficult to handle from the clinical perspective. Their legal defense can be extremely complicated, even though the vast majority of these offenders show no other evidence of criminal behavior. Typically, they are average, law-abiding citizens. Most have never before been involved in the criminal justice system. In many respects, they have lived productive lives, both personally and professionally. They and their families are terrified, from the first knock on the door, by the devastation that comes at them from nearly every corner of the criminal justice system, especially the under-informed and thus frequently excessive sentences so often meted out in these circumstances. As very few “brownie points” are handed out in the justice system to those who show sympathy for these individuals and their families, neither the general public nor legal professionals consider or openly support outcomes more productive than a harsh prison sentence. This article attempts to shine a light on the situation, leading to better-informed and more productive sentencing that better aligns with the risk of the defendant.

Keywords: Mandatory Minimum Penalties for Sex Offenses; “Imminent Danger” Standard

Affiliations:  1: Friedman & Nemechek, L.L.C.; 2: Seeking Integrity.