Mandatory minimum sentences are a critical component of federal criminal law, especially in cases involving drug crimes or child pornography. While they aim to standardize penalties, they often result in disproportionately harsh sentences for offenses that may seem less severe. However, these sentences are not entirely immutable. Legal provisions like…
Child pornography prosecutions in Florida are often reliant on evidence that was obtained by the issuance of a search warrant. In evaluating Florida child pornography cases, understanding the intricacies of search warrant requirements is crucial. If a prosecution relies upon evidence obtained without a valid warrant, dismissal of the charges…
In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a child pornography conviction. The defendant-appellant was charged and convicted of producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252A(a)(5)(b). On appeal, the defendant…
With the advent of high-speed internet, the distribution of photos and video recordings that depict child sex offenses has become an increasingly common issue for law enforcement and the public at large. For media that is shared on the internet, the federal government can assume jurisdiction of a child pornography…
The federal sentencing guidelines offer a framework for judges to utilize when determining the sentence of an individual convicted of a federal crime. Sentencing guidelines generally incorporate both aggravating and mitigating circumstances surrounding the defendant’s history or conduct in order to modify the sentencing judge’s discretion in accordance with congressional…
Both United States Federal Courts and Florida state courts consider many factors when issuing a sentence after a criminal conviction. Generally, courts will apply factors that relate to the charged crime specifically, as well as factors relating to the defendant’s criminal history, character, and ongoing risk to the public. Sentencing…
The United States Congress and federal courts have developed a legal framework for prosecuting people suspected of engaging in the production of pornographic materials involving children. In order for federal child pornography charges to be applicable to an alleged crime, prosecutors must prove that the federal government has jurisdiction over…