Recommended but Rarely Followed: Downward Departures of the Federal Sentencing Guidelines Among Child Pornography Offenders
Southern University Law Review, forthcoming
28 Pages Posted: 16 Feb 2023 Last revised: 17 Jul 2023
Date Written: February 14, 2023
Abstract
In the last fifteen years, the online sexual exploitation and abuse of children has increased by 422% worldwide. However, despite having a recommended federal sentencing guideline system, district judges routinely fail to impose sentences concerning child-pornography offenses within those guidelines, often believing they are too harsh. In response to the growing epidemic of the lackluster application of the federal sentencing guidelines by judges, this Comment explores and analyzes the federal sentencing guidelines structure; examines the factors judges use when sentencing; reviews case studies from several circuits in the United States showcasing the egregious disparities; evaluates how pre-sentence reports affect guideline ranges; and analyzes sentencing trends across the federal circuits.
The current structure leads to sentencing disparities throughout the federal system for similarly situated defendants. Whether defendants will receive fifteen, ten, or five years rests solely on the moral standards of the judges they stand before. This Comment strongly suggests that federal courts more closely follow the sentencing guidelines set forth by Congress to protect those most vulnerable: the children.
Keywords: child pornography, federal sentencing guidelines, downward departures, United States v. Booker, United States v. Polito, United States v. Irey
Suggested Citation: Suggested Citation