Background Information
Statute of Limitations, Bail and Discovery
Sentencing and Potential Collateral Consequences
Statute of Limitations, Bail and Discovery
Sentencing and Potential Collateral Consequences
- Computer/Internet Based Child Pornography Crimes
by G. Patrick Black, Federal Public Defender, E.D. TX, and Kenneth R. Hawk, II, Assistant Federal Public Defender, E.D. TX
(Review of numerous computer-related offenses such as unauthorized access; illegal capture, trafficking and possession of computer access devices and passwords; identity theft; cyberstalking; internet fraud; intellectual property crimes; the privacy protection act of 1980; pornography and the internet.) - Defending Federal Child Pornography Cases: The Basics
by Reggie Aligada, Assistant Federal Defender, D. MN
- Video: Introduction to Defending Computer Based Child Pornography Cases
by Reggie Aligada, Assistant Federal Public Defender, D. MN
- Video: The ABC's of Computer Crimes' Forensics
by Rick Lavaty, Computer Systems Administrator, D. AZ, and Troy Schnack, Computer Systems Administrator, W.D. MO
- Statute of Limitations Excerpt from The Adam Walsh Child Protection and Safety Act of 2006 - Part I (2006)
by Amy Baron-Evans and Sarah Noonan (National Federal Defender Sentencing Resource and Research and Writing Counsel)
This excerpt suggests avenues for challenging the elimination of statutes of limitations for federal sex offenses, a change brought about by the Adam Walsh Child Protection and Safety Act of 2006.
- Adam Walsh Act: Implementation, Implications, and Challenges - Understanding How the Adam Walsh Act Changes Pretrial Release
by Marcus J. Berghahn, Hurley, Burish & Stanton, S.C., Madison, WI
- Discovery in Child Porn Cases After Adam Walsh: 20 Questions
by Craig W. Albee, Glynn, Fitzgerald & Albee, S.C., Milwaukee, WI
- Adam Walsh Act: Pretrial Litigation Including Pretrial Release and Discovery and Prophylactic Measures to Protect Our Clients
by Nancy Joseph, Assistant Federal Defender, Federal Defender Services of Wisconsin, Inc.
- Sample Brief and Opinion Challenging Bail Provisions in Sex Offense Cases
These briefs and district court order demonstrate some possible challenges to mandatory conditions of pretrial release.
- Suggested Language for Pretrial Release Conditions in Sex Offense Cases
These Conditions are designed to protect a client from the creation of documents that could later be used to subject a defendant to civil commitment. The Conditions of Release require the defendant to participate in sex offender evaluation and counseling. However, they also provide that counseling reports to the court shall indicate only that the defendant is attending and appropriately participating and shall not reveal the details of the defendant's disclosures.
- Challenging Mandatory Minimums Excerpt from The Adam Walsh Child Protection and Safety Act of 2006 -- Part I (2006)
by Amy Baron-Evans and Sara Noonan (National Federal Defender Sentencing Resource and Research and Writing Counsel)
These materials suggest avenues for challenging the high mandatory minimum sentences in child pornography and sex offense cases.
- Deconstructing the Myth of Careful Study: A Primer on the Flawed Progression of the Child Pornography Guidelines (revised January 1, 2009) and Table of Amendments
by Troy Stabenow, Assistant Federal Public Defender, W.D. MO
- 2G2.2 Reply to Government
This reply brief in a child pornography case refutes the government's argument that guidelines based on congressional directives are not properly subject to scrutiny by district court judges. The reply also supplements Troy Stabenow's paper (submitted at an earlier stage in the case) in showing that the Commission did not act in its characteristic institutional role in promulgating the child pornography guidelines.
- Appellant's Brief Regarding Amount-of-Images Enhancement
This brief, filed in the Sixth Circuit, argues that the amount-of-images enhancement to the child pornography guideline violates the separation of powers doctrine because Congress, not the Commission, unilaterally and directly promulgated that enhancement.
- Troy Stabenow Letter to the Editor of the ABA Journal (July 13, 2009)
(criticizing DOJ's response to ABA article on child pornography and the Sentencing Guidelines)
- The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release
by Jennifer Gilg, Research & Writing Specialist, D. NE
(This article sets forth the statutory framework governing supervised release, the types of conditions sex offenders typically face, and the arguments you can make to eliminate these conditions and give your clients a fighting chance to succeed after incarceration.)
- Video: The Fine Print & Not Letting Clients Be Doomed to Sentencing Conditions: Avoiding Courts Imposing Restrictive Conditions During Supervised Release or Probation
by Jennifer Gilg, Research & Writing Specialist, D. NE
- Restitution for Child Pornography Victims
Prosecutors often seek restitution in child pornography cases on behalf of the victims of the "Misty" photo series and the "Vicky" series. These victims are represented by private law firms that often submit separate filings at sentencing. There is a split of authority on the appropriateness of ordering restitution, with courts divided over whether an end user of child pornography can be said to have proximately caused harm to a victim portrayed in the images he possessed. This sample response to request for restitution and district court opinion address many of the arguments over restitution.
- Sex Offender Registration Under the Sex Offender Registration and Notification Act
- Select Materials on Civil Commitment of Sexually Dangerous Persons