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A Method for Careful Study: A Proposal for Reforming the Child Pornography Guidelines

30 Pages Posted: 1 Feb 2012  

Troy K. Stabenow

Office of the Federal Public Defender for the Western District of Missouri; US Army Judge Advocate General's Legal Center and School

Multiple version iconThere are 2 versions of this paper

Date Written: December 12, 2011

Abstract

The U.S. Sentencing Commission is reportedly nearing release of a much-anticipated report to Congress assessing the validity of § 2G2.2 as a sentencing tool for child pornography offenses. A consensus for considering reform exists. What remains uncertain is what sort of changes might be coming, and by what process they may occur. In order to merit deference and compliance, any changes to § 2G2.2 would need to reflect relevant and validated scientific data yet also account for common practical experiences. In this article, the author, an assistant federal public defender, proposes a specific framework for how the Sentencing Commission might reform § 2G2.2 to better reflect science and common experience. The proposal draws on the author's experiences prosecuting, defending, and consulting on these cases over the last twelve years, as well as analysis and discussion of available scientific studies and statistics.

Keywords: 2G2.2, child pornography, sentencing guidelines

Suggested Citation

Stabenow, Troy K., A Method for Careful Study: A Proposal for Reforming the Child Pornography Guidelines (December 12, 2011). Federal Sentencing Reporter, Vol. 24, No. 2, p. 108, December 2011. Available at SSRN: https://ssrn.com/abstract=1996664

Troy K. Stabenow (Contact Author)

Office of the Federal Public Defender for the Western District of Missouri ( email )

221 Bolivar Street, Suite 104
Jefferson City, MO 65101
United States
573-636-8747 (Phone)
573-636-9161 (Fax)

HOME PAGE: http://mow.fd.org/

US Army Judge Advocate General's Legal Center and School ( email )

600 Massie Road
Charlottesville, VA 22903-1781
United States

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