By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 05-10-2006
PHOENIX
— A 200-year prison term for a man convicted of possessing 20
separate items of child pornography is not constitutionally excessive,
the state Supreme Court ruled Wednesday.
In a 4-1 ruling, the majority said the state
Legislature is free to decide that those guilty of this crime must serve
at least 10 years in prison. And they concluded lawmakers also are free
to mandate that the sentences be served consecutively, with no
possibility of early release — effectively making it a life term.
But the decision drew a stinging dissent from
Justice Rebecca Berch. She pointed out that the high school teacher in
this case — who did not produce the materials but simply downloaded them
from the Internet — could serve less time for a crime spree that
included second degree murder because the law allows that sentence to be
served concurrent with other convictions.
Morton R. Berger, who was a history teacher at
Cortez High School, was arrested four years ago based on his possession
of photographs, computer video files and computer photo files of
children, all younger than 15, in sex acts. Prosecutors dismissed 15
counts but got convictions on the remaining 20.
Based on requirements of state law, Maricopa
County Superior Court Judge Ruth Hilliard sentenced Berger to the
minimum 10 years consecutive terms on each count. He appealed, arguing
that violates the Eighth Amendment to the U.S. Constitution which
prohibits "cruel and unusual punishment."
But Justice Scott Bales, writing the majority
ruling, refused to view this as a 200-year prison term but instead as a
challenge to the 10-year minimum sentence required for conviction. And
he said that kind of prison term is not excessive.
Bales also said prosecutors were within their
right to charge each image as a separate offense. And Bales said Berger
accumulated them over a 15-year period.
And the fact that this "stacking" of
convictions can result in something longer than a life term does not
make it excessive, Bales wrote.
Berch, however, said the sentence fails even
on that basis.
She said the 10-year minimum is greater than
the maximum prison term that can be imposed in 36 states and equal to
the maximum in nine others. And she said only Florida requires separate
counts for each item of child pornography, though each count has a
five-year maximum and is probation eligible.
Berch also said state laws allow for
concurrent sentences when someone is convicted of second degree murder
and other offenses. And she said that 10-year minimum is longer than the
presumed sentence for rape or aggravated assault — and that Berger would
serve no more time for actually molesting a child.
Finally, she also chided colleagues for
refusing to measure this as a 200-year prison term for a crime that
directly harmed no one.SOURCE:
http://www.azstarnet.com/sn/hourlyupdate/128547.php
END
Comment from webservant of Jesus-is-Savior.com...
Something is very wrong with our criminal justice system in
America. When Ricky “Freeway” Ross was arrested for being one of the
biggest drug dealers in the United States (and American history), he
only served 14 years in prison. Ross set up his cocaine distribution
business under the freeways of Los Angeles to provide easy and quick
access for buyers nationwide. Ross boasted of personally profiting
over $1,000,000 per day on countless occasions. Ross indirectly
murdered thousands of people and destroyed millions of lives for over
a decade.
Meanwhile a Kansas City mother was
sentenced to life in prison for possessing $40 of cocaine.
WHEN KIDS GET LIFE! (over 2,000 U.S. kids under 18 are serving
life in prison, verses 12 worldwide). The Godless U.S. Supreme Court
removed and banned the Bible and prayer from America's classrooms in
1963, and now we're all paying the price as a nation, and the U.S.
Supreme Court wants to wash its hands of the consequences of their
careless, immoral and hurtful decisions. Woe unto America!
