394 results for author: James R. Marsh
Protect NCMEC?
The National Association to PROTECT Children, which describes itself as "a national pro-child, anti-crime membership association. . . . committed to building a powerful, nonpartisan force for the protection of children from abuse, exploitation and neglect," recently issued this rare rebuke of the National Center for Missing and Exploited Children:
The National Center for Missing and Exploited Children (NCMEC) paid its CEO over $1.3 million in salary and compensation in 2008, the St. Petersburg Times reported last week, in an article now drawing fire from the group.
"In 2008, the latest year for which records are available, [Ernie] Allen made ...
NYTimes: Prosecutors Gone Wild
The New York Times editorialized today about sexting:
Schools across the country are understandably concerned about students “sexting” — sending sexually suggestive photos and text messages by cellphone. But a Pennsylvania school district went too far when it referred several female students for criminal prosecution after their images showed up on other students’ phones and they refused to participate in an antisexting education program. A federal appeals court was right to rule last week that parents had the right to block the district attorney from prosecuting the girls.
In the fall of 2008, officials in the Tunkhannock ...
Sexting Subterfuge – Miller v. Skumanick Decided
The long awaited decision in the first sexting case to reach a federal appeals court was issued yesterday by a unanimous Third Circuit. The verdict: "appearing in a [sexting] photograph provides no evidence as to whether that person possessed or transmitted the photo."
In other words, as I correctly opined here in December, a minor depicted in a sexting image is only guilty of a child pornography offense if the prosecutor can prove that they possessed or distributed their image; a teen's appearance in a sexting image (even an image of bona fide child pornography) is not, in and of itself, a violation of current law.
As the Third Circuit stated:
Ass...
The Rights of Foster Children – legal update
Appellate decisions regarding foster care are rare and decisions that focus on foster children are rarer still. So when two decisions appear in the space of about a week they deserve some commentary. One is from the Maryland Court of Appeals, Maryland's highest court, and addresses an issue of great interest: under what circumstances and to what extent does a foster child's attachment to foster parents impact the rights of the biological parents when such parents are confronting the termination of their parental rights? The other case, from the New York Appellate Division, also addresses an issue of interest: can foster children sue foster parents ...
Restitution for Child Porn Victims – The Debate Continues
Broadcast today on The Kojo Nnamdi Show on WAMU in Washington, DC:
Traditionally, courts have punished those convicted of possessing child pornography with heavy jail time. But in a growing trend, victims are demanding that offenders pay restitution too. The approach is generating debate about how far courts can go in punishing people who are caught with pornography, but aren't the direct perpetrators of the crime.
Listen to the re-broadcast here.
Lower Merion Parents Say No to Lawsuit
This just in from Philly.com:
A group of Lower Merion and Harriton High School parents met to discuss ways to derail the possibility that a federal lawsuit over laptop spying could lead to a lengthy and expensive class-action case against their district.
Bryn Mawr resident Michael Boni, one of the organizers, said yesterday: "We have spoken to our neighbors and friends, and it seemed that there was a groundswell of opposition to one family with one lawyer bringing this action on behalf of the community."
He said the parents were "not suggesting there weren't problems" with how the district has handled the laptop issue. "But we don't think [a class-...
Should Possessors of Child Pornography Pay Restitution to the Child?
FindLaw columnist and Cornell law professor Sherry Colb takes on a question involving my client that has sharply divided courts: Should a person who is found to have committed the crime of possessing child pornography be required to pay restitution to each child who appears in those images? The question has been posed very sharply recently, because images of one child victim -- whose pseudonym is "Amy" -- have been at issue in 350 criminal cases across the country. Moreover, the difference in the amount of restitution awarded in those cases is dramatic: Two Florida judges together awarded over three million dollars; a California judge awarded only ...