Thursday, April 24, 2014

Child porn possessors must pay victims restitution, but liability is limited, SCOTUS rules

Child porn possessors must pay victims restitution, but liability is limited, SCOTUS rules.  I think you have to construe Congressional intent in favor of the victim.  Child porn is perhaps the most pernicious illegal activity in our country.  I do not agree with the majority that liability should be limited.  $3.4 million should have been the award.  I see no reason for a limit on the liability of the uncle who took pictures and exploited his young niece.  Damages can never be proportional to the harm; therefore, damages must be very liberally granted and punitive in nature, otherwise the law cannot begin to hope to exact the wrong.  Obviously collection is an issue, but the more the damages, the greater the message. 

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