Attorney describes the need for strong defense in child pornography

GHN News Editor - More so than other types of crimes,
those involving the alleged exploitation of children have the potential
to ruin lives and reputations.  People tried in the court of opinion
often can't recover.


Before some accused offenders get
in line before a judge, they have often been tried and convicted by a
public that has read about the case in some detail and had a chance to
hash it over with friends and in idle gossip.  Or they simply think to
themselves, "My son (or husband) wouldn't do that."  "Or my daughter
couldn't do that or be involved with someone who did."  And then there is truth in the adage hurt people, hurt people.


Psychologists say that it is often
the need to feel superior at times that people respond with particular
revulsion to certain crimes, in addition to the response to the actual
crimes.



So there is considerable bias for
many reasons, and those accused of sex crimes can face the worst of
public opinion, even if they are found innocent.  This is why they need a
vigorous defense.



While people worry about victim's
families, which is certainly understandable in cases like these, an
attorney declares that's important but it is also important for those
accused to have a vigorous defense, particularly because of public bias.



Here are some of the issues, the attorney says, can make it difficult to determine guilt.



One example is evidence of
pornography which can be found on Internet file-sharing or social
networking sites, so that determining the source can be difficult.



Police and prosecutors should, but
often don't take into account the possibility that a computer virus
could have downloaded the material. Often a perfectly innocent visit to
the wrong website or by clicking on a cleverly disguised banner ad can
result in pornography being downloaded on one's computer without his/her
knowledge.



If law enforcement officials do
not take the time to properly investigate each incident, an innocent
person's life can be turned upside down.   Emotions run high in sex
crimes or alleged sex crimes against the accused.  The blame game
becomes a serious game, criminal defense attorneys tell us.



 The national program, known as Project Safe Childhood,
has a two-fold purpose: aggressive, publicized pursuit of offenders and
identification of victims. Federal, state and local law enforcement
agencies are involved in tracking down predators, all of which is
important in protecting the rights of the innocent.



But protecting the rights of the
innocent also means protecting those of the accused, which is difficult
to do when the atmosphere is especially emotionally charged, and
especially when penalties have become increasingly severe.



For example in federal court the minimum prison sentence for the mere possession of pornography is five years in prison.

 

One should also realize that in
dealing with federal investigators, any statement deemed to be false
will be treated as the commission of a felony punishable by up to five
years incarceration.



That means in desperation an
innocent person can claim to have had dinner with a friend the friend
can't corroborate simply because of a tense atmosphere under questioning
where specific dates can be confused.  This type of confusion has led
to verdicts of guilt for lying.



Criminal attorneys, often not held
in esteem by the a public focusing on the victim's rights, tell us to
remember our freedoms also recognize the innocent until proven guilty
means a vigorous defense.