Thursday, September 04, 2014

U.S. v. Hardrick (9th Cir. - Sept. 4, 2014)

Judges Reinhardt and Noonan like kiddie porn.

That's (of course) not true.  But both of them write separate concurrences that -- while affirming the conviction here -- bemoan the way we treat this issue.  Judge Reinhardt says that these people have psychological problems and that incarcerating them forever isn't right (excepting only the people who actually produce the underlying material, who should rot).  Judge Noonan says that these people are often upstanding, otherwise-law-abiding citizens, and maybe we should publicize more highly the long sentences we often impose in an effort to deter misconduct.

At least in the Court of Appeals, kiddie porn is the crack cocaine of the 21st century.  Lots of people questioning whether we should have the sentences we do for mere possession.