Judges leery of harsh kid porn sentences

The Boston Globe said Sunday that judges opted for sentences lighter than the mandated penalties in 43 percent of the cases they presided over in 2010. Data from the U.S. Sentencing Commission indicated that judges opted for lighter sentences for other crimes only 18 percent of the time. The commission will meet this week in Washington to discuss possible changes to the guidelines. The judiciary contends Congress has thrown the sentencing guidelines into disarray by adding enhancements for various aspects of the crime. Those enhancement, the judges contend, can distort the punishment, which has led some judges to issue lesser sentences than the guidelines call for. "The guidelines don't make sense, even for one who wants to be tough on pornography," Retired U.S. District Court Judge Nancy Gertner told the Globe. "The measure of the guidelines doesn't match the culpability of the defendant." Prosecutors, however, said the enhancements were a response to a growing epidemic of child porn and provide better protection for victims.