John T. Floyd Law Firm
Board Certified Houston Criminal Lawyer
“Serious Criminal Defense Throughout Texas”
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Phone # (713) 224-0101
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Board Certified Houston Criminal Defense Lawyer
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Comments on Current Events In Criminal Law
May 20, 2013
U.S. Sentencing Commission Report Recommends New Sentencing Factors In Possession of Child Pornography Cases
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Who are “passive pedophiles?” These are individuals who possess child pornography. They do not try to sexually abuse or molest children. Instead they want to view sexually explicit material involving children, some of which graphically portrays children being sexually abused or molested by adults and other children. This material is “child pornography.” Federal law, 28 U.S.C. § 2256, defines child pornography as any visual depiction of sexually explicit conduct involving someone under 18 years of age. Three other federal statutes, 28 U.S.C. §§§ 2251, 2252 and 2252A, criminalize the production, distribution, reception and possession of child pornography.
While there has been an increasing recognition among federal judges, the defense bar, and some prominent criminal justice professionals that child pornography penalties under U.S. Sentencing Guidelines, especially those for simple possession, are far too harsh, attorneys general in two states (Texas and New Jersey) favor increasing state penalties for possession of such material. There are two overriding reasons for this law enforcement conflict. First, there is a general belief that the possession of child pornography, which fuels the production of such material, is as psychologically damaging to the victim as the sexual abuse itself. More than three decades ago former Supreme Court Justice Byron White wrote: “Pornography poses an even greater threat to the child victim than does sexual abuse or prostitution. Because the child’s actions are reduced to a recording, the pornography may haunt him for future years, long after the original misdeed took place.” However, David Finkelhor, director of the Crimes Against Children Research Center at the University of New Hampshire, says there is no empirical evidence to support this position: “The evidence doesn’t yet tell us to what extent the experience of being a pornography victim aggravates the experience of the sexual abuse itself.”
Second, there is the strong belief that individuals who possess child pornography have an interest in sexually abusing children, and their addiction to such material demonstrates they lack the ability to control their active pedophilia desires. But a December 2012 report by the U.S. Sentencing Commission—
John T. Floyd is one of Houston’s top criminal defense lawyers with a reputation for providing aggressive, dedicated and professional representation to his clients. He has spent his entire professional career as a criminal defense attorney and has never worked as a prosecutor. The John T Floyd Law Firm, with his team of experienced lawyers and experts, is proud to provide the best possible criminal defense representation to clients in Houston, throughout the State of Texas and in federal courts Nationwide.
Houston Criminal Lawyer John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and has been rated as among the best and brightest attorneys practicing criminal law with his recognition as Newsweek’s: Nationwide Leaders in Criminal Defense (2012), Houston’s Top Lawyers for the People (2008,2009), Top Lawyers: Criminal Defense (2008-2012) and has earned a “Superb” rating, scoring 10/10, from AVVO. He has appeared on national television and radio programs as an expert on criminal law related issues and has been quoted in newspapers and other news outlets throughout the country.
John T. Floyd is not a former prosecutor turned criminal defense attorney. He has never been a prosecutor. He began his legal career in 1994 as a criminal defense attorney and he has built a practice devoted exclusively to criminal defense work. The John T. Floyd Law Firm has worked hard to create, and maintain, a reputation for professional excellence through its successful criminal defense of individuals and businesses accused of committing serious crimes in all state jurisdictions throughout Texas and federal courts throughout the country.
As a criminal defense law firm, the John T. Floyd Law Firm understands the value of pre-trial investigation, pre-trial motions practice, and criminal defense trial preparation. He has qualified legal investigators and a senior paralegal staff under his direction and supervision to bring together the most comprehensive, detailed and competent research possible. The John T. Floyd Law Firm offers client’s the individual attention and personal touch of a high end boutique criminal defense firm along with significant contacts throughout the state and country to assemble a serious criminal defense team that any government prosecutor would find formidable.
The criminal defense attorneys in the John T. Floyd Law Firm take nothing for granted. Every possible detail is investigated, legally researched, and analyzed by Mr. Floyd and his staff before a specific criminal defense trial strategy is developed for the particular needs of the criminal case.
John T. Floyd believes that criminal defense attorneys are the cornerstone of the legal profession. Individuals and businesses accused of criminal wrongdoing have their very lives, businesses, and families at stake and deserve the best possible criminal defense. A false allegation, mistaken identification, botched or fabricated forensic analysis, or prosecutorial misconduct involving the use of perjured testimony or the suppression of favorable or mitigating evidence can very easily lead to innocent individuals and businesses being wrongfully convicted. Scores of DNA exonerations across the country exemplify this tragic reality. As a criminal defense attorney, John T. Floyd is a criminal defense lawyer committed to making sure that this tragedy is not inflicted upon his clients.
State and Federal prosecutors have unlimited prosecutorial resources at their disposal. This is particularly true in the federal courts in Houston, Texas. Federal criminal defense attorneys in Houston, Texas must be prepared to devote their best skills, ingenuity, experience and cutting edge technology to achieve the same level of resources toward the defense of their clients. John T. Floyd is a Houston federal criminal attorney prepared to put forth whatever legal resources are necessary to bring about a favorable outcome for his clients. He is a Houston federal criminal lawyer who understands the awesome powers of the federal government when it targets individuals and businesses for prosecution and he is prepared to defend his clients against such force.
The John T. Floyd Law Firm proudly represents clients charged with serious criminal offenses before Texas and Federal courts in Houston, Galveston, Richmond, Angleton, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso. The law firm of John T. Floyd is located in the historic Kirby Mansion in Houston, Texas; however, Mr. Floyd often travels to Criminal Courts across the State of Texas and to Federal Criminal Courts around the United States.
If you are faced with an unexpected need for a criminal defense attorney, John T. Floyd stands ready to provide skilled, dedicated, and diligent representation to you. Please feel free to contact Houston Criminal Defense Attorney John T. Floyd at 713-224-0101 or by e-mail at JFloyd@JohnTFloyd.com.
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