When federal sentencing is more sensible
Especially in non-violent drug cases, I alway figure federal sentencing terms are much harsher and less balanced than state terms. But this news report on the sentencing federal child porn prosecution highlights one setting in which federal law, though tough, can be more sensible than some state sentencing.
The news article discusses a South Dakota high school teacher who received a (within-guideline) sentence of just over six years in federal prison for buying and storing a large and disgusting archive of child porn on his computer. This criminal activity sounds very similar to the crimes of Morton Berger, but Berger received a sentence of 200 years in state prison under Arizona state law (basics here, commentary here and here).
Not only does federal sentencing law seem more rational in this setting, but this report on a federal sentencing in Florida highlights that federal law can and will bring the hammer down on producers of child porn:
A federal judge has sentenced a 34-year-old Glades County man to 50 years in prison for videotaping sex acts with his adopted son and sending the images via the Internet. U.S. District Judge John Steele exceeded the recommended guidelines in sentencing the man this week. Steele said it was the worst child pornography case he has seen…. Steele said he imposed the long sentence partially because the images sent out on the Internet can’t be retrieved.