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Journal Article
Federal Sentencing Reporter (2011) 24 (1): 42–43.
Published: 01 October 2011
...Tara Graham; Allison Hastings Abstract In 2003, Congress unanimously passed the landmark Prison Rape Elimination Act (PREA). The legislation established a zero-tolerance standard for sexual abuse in U.S. correctional facilities. Implicitly, PREA recognized that sending individuals to facilities...
Journal Article
Federal Sentencing Reporter (2011) 24 (1): 44–45.
Published: 01 October 2011
...National Prison Rape Elimination Commission Abstract This article is excerpted from the 276-page National Prison Rape Elimination Commission Report published in June 2009. Sexual abuse in correctional environments is a serious concern with dire consequences, especially for victims. Individuals...
Journal Article
Federal Sentencing Reporter (2012) 24 (4): 263–267.
Published: 01 April 2012
... discrimination or sexual abuse by prison staff that leaves no physical injury. And much of the time saved by dismissing cases is spent interpreting the PLRA's perplexing procedural rules. More and more often, courts are leaving prisoners (and pretrial detainees) to the vagaries of cash-starved prison systems...
Journal Article
Federal Sentencing Reporter (2008) 21 (2): 145–146.
Published: 01 December 2008
... the growing understanding and appreciation of the singular horror that is child rape. Child sexual abuse occurs with saddening frequency, and the deviant desires of pedophiles have proved markedly difficult to combat. And yet, aggravated child rape is even worse. It is an irreparable crime, one that inflicts...
Journal Article
Federal Sentencing Reporter (2008) 21 (2): 139–144.
Published: 01 December 2008
... the death penalty for child rape will worsen the problem of underreporting sexual abuse. 1. Child sexual abuse is disturbingly frequent. Estimates on the reported number of yearly victims range from about 83,000 to 217,000 children.1 The actual number of victims is almost certainly much higher than even...
Journal Article
Federal Sentencing Reporter (2000) 13 (2): 85–89.
Published: 01 September 2000
... Stat. 2974. 15. 18 U.S.C. § 2243(a). 17. Sentencing Federal Sexual Offenders, supra note 2, at 13, Table 2. Federal Courts and theNative American Sex Offender Native Americans are prosecuted at a higher rateforsex abuse offenses thanforany otherfederalcrime.W1 hile infiscal 1999, sex...
Journal Article
Federal Sentencing Reporter (2004) 16 (3): 208–211.
Published: 01 February 2004
... 60% of sexual abuse cases, almost half of all murders and more than half of all assaults in federal courts arise under the Major Crimes Act. Indian offenses are a major part of federal practice in many western states, and are present in other districts, albeit to a lesser extent, as well. Thus, any...
Journal Article
Federal Sentencing Reporter (2000) 12 (5): 287–298.
Published: 01 March 2000
... sexual abuse (Count IB); (2) assaulting Louima ina 288 FEDERAL SENTENCING REPORTER ? VOL. 12, NO. 5 ? M A R C / A R IL 2000 police car (Count III); (3) sexuallyabusing Louima ina restroomat the70th Precinct (Count IV); (4) assaulting PatrickAntoine (CountVII); (5)falselyarrestingAntoine (CountVIII...
Journal Article
Federal Sentencing Reporter (2008) 21 (2): 78–82.
Published: 01 December 2008
... was a convicted sex offender in the custody of the Kansas Department of Corrections. In 1994, a few years before the respondent was scheduled to be released, prison officials ordered him to participate in a Sexual Abuse Treatment Program (SATP). As part of the program, participating inmates are required...
Journal Article
Federal Sentencing Reporter (2003) 15 (5): 331–333.
Published: 01 June 2003
... departures was a remarkable 33:1. This was triple the already lopsided 11:1 ratio in FY 1996. Moreover, the rate at which downward departures are granted in sexual abuse and pornography cases has Federal Sentencing Reporter, Vol. 15, No. 5, pp. 331Ð33, ISSN 1053-9867, electronic ISSN 1533-8363. © 2003...
Journal Article
Federal Sentencing Reporter (2008) 20 (5): 357–361.
Published: 01 June 2008
... will not immediately or implicitly identify the victim, so that victims who are related to the offender are not deterred from reporting.19 The Association for the Treatment of Sexual Abusers also recommends the risk assessment model for public safety reasons: The ability to predict sexual dangerousness has improved...
Journal Article
Federal Sentencing Reporter (2006) 18 (3): 190–197.
Published: 01 February 2006
... for cases sentenced under each of the criminal sexual abuse guidelines has remained fairly constant. x The rate of imposition of below-range sentences has declined continuously for criminal sexual abuse cases, and that decline was indicated postBooker as well. The rate of imposition of below-range sentences...
Journal Article
Federal Sentencing Reporter (2013) 25 (5): 345–348.
Published: 01 June 2013
... in direct sexual abuse of children. We also agree with the Commission s conclusion that non-production child pornography offenses are not victimless crimes. The possession, receipt, transportation, and distribution of child pornography perpetuates the harm to the victims depicted in images, validates...
Journal Article
Federal Sentencing Reporter (2012) 24 (4): 287–291.
Published: 01 April 2012
... unchecked following Woodford. They point to cases involving juveniles, sexual abuse, and religious freedom to argue for elimination of the exhaustion requirement.15 State attorneys general counter that without an exhaustion requirement with teeth, prisoners will skip over administrative grievance procedures...
Journal Article
Federal Sentencing Reporter (2011) 24 (2): 102–107.
Published: 01 December 2011
... sentence than someone who actually sexually abuses a child. As one report calculates, the typical defendant convicted of distributing child pornography can suffer a fate 194% harsher than a 50-year-old man who crosses state boundaries and repeatedly engages in sex with a 12-year-old girl.24 The anomaly may...
Journal Article
Federal Sentencing Reporter (2013) 25 (5): 334–344.
Published: 01 June 2013
... of images of a prepubescent minor, possession of sado-masochistic images, and possession of a certain number of images in increments from 10 or more to 600 or more). 15 See Chapter 1 at 6. 16 See id. 17 Chapter 7 at 174 (de ning criminal sexually dangerous behavior as including illegal sexually abusive...
Journal Article
Federal Sentencing Reporter (2007) 19 (5): 335–343.
Published: 01 June 2007
..., in some instances, a drug offender may receive the benefit of both the substantial Table 3 Application of Substantial Assistance Provision (18 U.S.C. § 3553(e)) by Offense Type Offenses Immigration Fraud Criminal Sexual Abuse/ Pornography/Prostitution Firearms Drug Offenses Total Number of Offenders19...
Journal Article
Federal Sentencing Reporter (2002) 14 (5): 316–318.
Published: 01 March 2002
... that If death results from the violation of this section, or if the violation includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be Þned under this title or imprisoned for any term of years or life...
Journal Article
Federal Sentencing Reporter (2022) 35 (2): 117–131.
Published: 01 December 2022
... of their obligation, when considering the statutory sentencing factors under 18 U.S.C. § 3553(a), to consider the pharmacological similarities between powder cocaine and crack cocaine and whether it is appropriate to impose a variance consistent with the relevant base offense level for powder cocaine. B. Sexual Abuse...
Journal Article
Federal Sentencing Reporter (2002) 14 (5): 295–298.
Published: 01 March 2002
... the person of another.Ó Application Note 1(B)(ii)(II) speciÞcally lists the following offenses as Òcrimes of violenceÓ: murder, manslaughter, kidnaping, aggravated assault, forcible sex offenses (including sexual abuse of a minor), robbery, arson, extortion, extortionate extension of credit, and burglary...