Zero Tolerance is Not the Answer to Sexting

From the University of New Hampshire: Rigid, zero-tolerance policies to prevent sexting that do not allow for discretion and the ability to address sexting in the context of the situation are ineffective strategies for dealing with this troubling trend, according to a University of New Hampshire professor who studies legal issues in education. “Zero tolerance for sexting, without an understanding of context, replaces common sense with a rigid response that may be equally administered but is not fair. Turning over alleged sexters to the police for criminal prosecution may meet the dictates of the law, but school officials should have some ...

DOJ Interpretation Guts VAWA Protections

Okay, so maybe sexually exploited children don't get you activated. I'll admit it's an unpleasant niche most people would rather not think about. And the child pornography restitution statute which is being considered by federal district courts across the country and in several courts of appeal will arguably affect a relatively small number of victims. A closer look, however, reveals that the child pornography restitution statute, 18 U.S.C. 2259, is exactly the same as two other restitution statutes which were enacted at the same time. The first is the sex abuse restitution act, 18 U.S.C. 2248, which applies to sex crimes committed on federal land, ...

Fallen Angel in Adoption

As many of you know, The Congressional Coalition on Adoption Institute’s (CCAI) Angels in Adoption™ Program provides Members of Congress the opportunity to honor an individual, couple, or organization from their district that have made an extraordinary contribution on behalf of children in need of homes. I have long supported this effort and any effort to raise awareness about the needs of foster and adopted children. Back in November, I discovered that none other then Penn State child molester Jerry Sandusky was honored as an Angel in Adoption back in 2002. And quite appropriately, on November 10, 2011, the Congressional Coalition on ...

Complex Data Gathering Results in State Adoption Totals

A publication from Child Welfare Information Gateway now available online provides estimates of total adoption numbers for the 50 States, the District of Columbia, and Puerto Rico. How Many Children Were Adopted in 2007-2008? was developed with assistance from Gene Flango, Ph.D., of the National Center for State Courts and offers key findings on the numbers of public, intercountry, and other adoptions as well as data sources and cautionary notes. This publication, which will be updated periodically, provides a single source of recent statistical information on the numbers and types of adoptions in the United States, as well as the numbers of ...

Fifth Circuit Decides to Reconsider Restitution Victory

If you're awake and you've been following this blog for any length of time, your probably know that during the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn ) have been seeking restitution in federal courts throughout the country. Using a long forgotten passage in the Violence Against Women Act championed by then-Senator Joe Biden in 1994, child sex abuse victims are asking federal judges to award the mandatory restitution guaranteed by this law. Change.org|Sign our Online Petition » Unfortunately, the Justice Department has abandoned victims of ...

Sexting Norms Uncovered in Two Studies

In the January edition of Pediatrics researchers explored two issues: The Prevalence and Characteristics of Youth Sexting and How Often Are Teens Arrested for Sexting? Prior to the research estimates of the prevalence of sexting varied considerably depending on the nature of the images or videos and the role of the youth involved. A cross-sectional national telephone survey of 1560 youth Internet users, ages 10 through 17, discovered that only 2.5% of youth appeared in or created nude or nearly nude pictures or videos. However, this percentage was reduced to 1.0% when the definition was restricted to only include images that were sexually explicit ...

New Year’s Resolutions 2012

Like everyone else on the planet, I've been publishing more and more content on the much-maligned Facebook. If you really want to absorb each and everything I publish, flag, highlight, champion, condemn, etc., then please join the Marsh Law Firm Facebook page. There's lots of good stuff there which I routinely post throughout the day when a full-blown blog entry, commentary and analysis isn't warranted or, more likely, when I don't have enough time to delve into the issue. If you don't have Facebook or completely despise and eschew the site (perhaps based on my oft-repeated warnings and criticisms), then you can follow my Facebook postings by ...

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