A stiff sentence
27 February 2007, 12:49 PM
#1
A stiff sentence
BBC NEWS | World | Americas | US 200-year **** sentence stands
The US Supreme Court has refused to hear an appeal by a high school teacher from Arizona sentenced to 200 years in jail for possessing child pornography.
Morton Berger had claimed the sentence was so disproportionate to his crime it breached the constitution.
If the 52-year-old had been tried in a federal court or lived elsewhere he would have received a lighter sentence.
But he was living in Arizona when he was caught with thousands of images of child abuse on his computer.
Stark differences
The state has the nation's toughest laws on child abuse and exploitation.
Indeed, the prosecutor had asked for a 340-year sentence but the trial judge imposed the minimum of 10 years for each of 20 images - to be served consecutively for a total of 200 years without the possibility of probation, early release or pardon.
Mr Berger's lawyers asked the Supreme Court to hear an appeal.
They argued the sentence was wildly disproportionate - much longer than that for rape or even second degree murder and claimed it amounted to cruel and unusual punishment.
The state of Arizona argued each image of child abuse was a separate crime so the sentences had to run consecutively.
The Supreme Court refused to hear the appeal and gave no reason but the case has highlighted stark differences in sentencing policy across the US.
The US Supreme Court has refused to hear an appeal by a high school teacher from Arizona sentenced to 200 years in jail for possessing child pornography.
Morton Berger had claimed the sentence was so disproportionate to his crime it breached the constitution.
If the 52-year-old had been tried in a federal court or lived elsewhere he would have received a lighter sentence.
But he was living in Arizona when he was caught with thousands of images of child abuse on his computer.
Stark differences
The state has the nation's toughest laws on child abuse and exploitation.
Indeed, the prosecutor had asked for a 340-year sentence but the trial judge imposed the minimum of 10 years for each of 20 images - to be served consecutively for a total of 200 years without the possibility of probation, early release or pardon.
Mr Berger's lawyers asked the Supreme Court to hear an appeal.
They argued the sentence was wildly disproportionate - much longer than that for rape or even second degree murder and claimed it amounted to cruel and unusual punishment.
The state of Arizona argued each image of child abuse was a separate crime so the sentences had to run consecutively.
The Supreme Court refused to hear the appeal and gave no reason but the case has highlighted stark differences in sentencing policy across the US.
27 February 2007, 12:54 PM
#2
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Will they let him out after 120 years for good behaviour? 
Seriously, that is a tad extreme! Surely some electroshock therapy, a public flogging and some mind bending drug treatment would have sufficed?
Seriously, that is a tad extreme! Surely some electroshock therapy, a public flogging and some mind bending drug treatment would have sufficed?
27 February 2007, 01:09 PM
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My god the justice system can't win with you lot can it? you slate it for being to leanient on peados and pervs and when they give someone a reasonable sentence that will make anyone think twice about doing the same thing you complain saying it is a bit harsh! make your feckin minds up you bunch of hypocrits.
27 February 2007, 01:16 PM
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Extreme? Someone that gets their jollies by looking at children who are far too young to protect themselves from this kind of abuse and gets banged up until they die is NOT extreme...
These people should be castrated - hanging is FAR too good for them!!!
Why the hell don't we hand out sentences like this!
These people should be castrated - hanging is FAR too good for them!!!
Why the hell don't we hand out sentences like this!
27 February 2007, 01:25 PM
#5
27 February 2007, 01:45 PM
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The inequality is the issue. Rape a girl and the sentance is less than for looking at a Paedos pictures. Murder a person and get out after 7 years, get caught with 1 tab of LSD and get 6 years with no chance of probation which violent offenders do have. Rape and murder should surely have similar sentencing to the 200 years this guy got for looking at kiddie ****.
27 February 2007, 02:00 PM
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I think 200 years is a tad extreme because, with the exception of Conner Macleod of the Clan McCleod, and his sword wielding chums, I cannot think of many humans who have lived that long...
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27 February 2007, 02:14 PM
#8
Does make you wonder where certain things pop up on peoples morality radar.
Of course being the US, they have the death penalty - but it would be just like this country to send someone to prision for 20 years for having some pictures yet giving someone 8 for raping and killing a child.
Of course being the US, they have the death penalty - but it would be just like this country to send someone to prision for 20 years for having some pictures yet giving someone 8 for raping and killing a child.
27 February 2007, 02:27 PM
#9
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The inequality is the issue. Rape a girl and the sentance is less than for looking at a Paedos pictures. Murder a person and get out after 7 years, get caught with 1 tab of LSD and get 6 years with no chance of probation which violent offenders do have. Rape and murder should surely have similar sentencing to the 200 years this guy got for looking at kiddie ****.
In the US the sentence for murder is mandatory life w/o parole, your only way out is if the execute you. I believe rape carries a stiffer sentence over there too
They also haven't stated what form the photographs took either, if they were on a par with Britney Spears' or Hillary Duff's early works (also child **** IMO
) it's a tad harsh, However if they were explicit pictures of pre-teen children, no sentence is harsh enough
27 February 2007, 04:11 PM
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AMercians = ****, simple as. They have the highest rates of crime anywhere I have seen, yet dish out the longest sentences...which makes me conclude that prison really does NOT work!
27 February 2007, 05:04 PM
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Extreme? Someone that gets their jollies by looking at children who are far too young to protect themselves from this kind of abuse and gets banged up until they die is NOT extreme...
These people should be castrated - hanging is FAR too good for them!!!
Why the hell don't we hand out sentences like this!
These people should be castrated - hanging is FAR too good for them!!!
Why the hell don't we hand out sentences like this!
27 February 2007, 05:13 PM
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BBC NEWS | World | Americas | US 200-year **** sentence stands
The US Supreme Court has refused to hear an appeal by a high school teacher from Arizona sentenced to 200 years in jail for possessing child pornography.
Morton Berger had claimed the sentence was so disproportionate to his crime it breached the constitution.
If the 52-year-old had been tried in a federal court or lived elsewhere he would have received a lighter sentence.
But he was living in Arizona when he was caught with thousands of images of child abuse on his computer.
Stark differences
The state has the nation's toughest laws on child abuse and exploitation.
Indeed, the prosecutor had asked for a 340-year sentence but the trial judge imposed the minimum of 10 years for each of 20 images - to be served consecutively for a total of 200 years without the possibility of probation, early release or pardon.
Mr Berger's lawyers asked the Supreme Court to hear an appeal.
They argued the sentence was wildly disproportionate - much longer than that for rape or even second degree murder and claimed it amounted to cruel and unusual punishment.
The state of Arizona argued each image of child abuse was a separate crime so the sentences had to run consecutively.
The Supreme Court refused to hear the appeal and gave no reason but the case has highlighted stark differences in sentencing policy across the US.
The US Supreme Court has refused to hear an appeal by a high school teacher from Arizona sentenced to 200 years in jail for possessing child pornography.
Morton Berger had claimed the sentence was so disproportionate to his crime it breached the constitution.
If the 52-year-old had been tried in a federal court or lived elsewhere he would have received a lighter sentence.
But he was living in Arizona when he was caught with thousands of images of child abuse on his computer.
Stark differences
The state has the nation's toughest laws on child abuse and exploitation.
Indeed, the prosecutor had asked for a 340-year sentence but the trial judge imposed the minimum of 10 years for each of 20 images - to be served consecutively for a total of 200 years without the possibility of probation, early release or pardon.
Mr Berger's lawyers asked the Supreme Court to hear an appeal.
They argued the sentence was wildly disproportionate - much longer than that for rape or even second degree murder and claimed it amounted to cruel and unusual punishment.
The state of Arizona argued each image of child abuse was a separate crime so the sentences had to run consecutively.
The Supreme Court refused to hear the appeal and gave no reason but the case has highlighted stark differences in sentencing policy across the US.
Good!
AS LONG AS THIS POS DOES NOT GET OUT ALIVE THEN HE IS GUARANTEED NO LONGER A THREAT TO CHILDREN!
The sentence sounds ridiculous, how can you give more than 100 years?!?, it should be a life sentence - life meaning life IMHO.
They mention his rights - he negated them when he did what he did - That is just common sense - IMHO
Last edited by The Zohan; 27 February 2007 at 05:18 PM.
27 February 2007, 05:16 PM
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Prison is not just about rehabilitation or prevention, there are always people who will do terrible things no matter the punishment, It is also about making sure the people who commit terrible crimes are locked away from the rest of us and can no longer do any harm!
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