Reacting to the Judicial Revolt: Applying Innovations in Narcotics Sentencing to Federal Non-Production Child Pornography Cases

In the last twenty years, average sentence for defendants convicted of possessing, receiving or distributing child pornography ("non-production child pornography offenses") has risen dramatically. Many federal judges have started to buck this trend, sentencing defendants below the range recommended by the Federal Sentencing Guidelines. These long prison terms are the product of antiquated sentencing guidelines, mandatory minimum sentences, and high maximum sentences. This Note suggests two novel changes to child pornography sentencing that would help to resolve these issues. First, a "safety valve" provision should be instituted to avoid imposing mandatory minimum sentences in inappropriate cases, similar to the provision that already exists for certain federal drug offenses. Second, judges should have the option of mandating psychological treatment in lieu of prison for low-risk offenders. Drug Treatment as an Alternative to Prison programs are already doing this in context of narcotics, and have been successful at reducing recidivism rates. [PUBLICATION ABSTRACT]