[citation][nom]geoffs[/nom]If you don't think the law is just or if the punishment is too severe for the crime, then fight to get the law changed.[/citation]
that is a nice thing about America, we're far from perfect, but we do have a tiered justice system so that a cop's recommendation (by ticket or arrest) has be to reinforced by or modified by a community elected official (a judge). and even then we have a right to a jury by our peers and multiple appeals to higher-level judges and courts -- but appeals turn into an "as much justice as you can afford" situation which isnt quite fair (i realize that).
i hope, in this case, there are enough reasonable, fair-minded people involved who have access to the actual evidence and that they determine an appropriate punishment ... proportionate to his crime. because pictures arent illegal and even pornography isnt illegal, right? but the kind of pornography, the type he had, is apparently illegal in his community. and if his community determines five years in jail is the right amount for having pornographic pictures on his computer, then, to Geoffs point, i guess it is ... until its changed. so, i'm not suggesting he should simply get off scott-free, especially if what he had on his computer was illegal. but i'm also dont see how putting a guy in jail for five years helps anybody or fixes anything either, especially if he didnt hurt anybody.
i'm beginning to think of this guy as a kind of alcoholic and i wonder if that isnt an acceptable parallel for purposes of discussion.
drinking beer is legal in private and in certain public places, but driving a car after drinking too much beer becomes illegal. so, drinking beer is legal and tolerated, to a point. like pornography is legal and tolerated, to a point. with drinking, if you get into an accident or hurt somebody while drunk i believe the punishment is measurably more severe than simply being at fault in the same accident without alcohol.
so maybe, like beer, some people find it morally reprehensible to have a bunch of pictures of nude kids on your computer but wouldnt, by itself, be illegal. but, if reported, would be enough to get you "tagged" for some further questioning and/or investigation. maybe a sweep of your home and basement and garage to determine if those pictures were obtained legally or illegally. are they just a few random pictures or are you hording thousands of them? and did you take the photographs yourself or are you a third party? also, a physical sweep of a person's home might reveal other problems or prompt other questions (eg who is this living in a tent in your backyard?).
again, with the beer parallel, if i'm playing a reasonable person and am over at a friends house and see he has a twelve-pack of beer in his fridge, that isnt a warning sign to me that he might have a beer problem. but if i see a twelve pack in the fridge, one in the car and several in the laundry room i might ask, "are you having a party or something?" and if twelve packs are also hidden in the bathroom under the sink or he has hundreds of empties under his bed or in closets i might start to think ... you do have a beer problem, my friend. and further, if he's my friend, let's try and get that addressed. maybe not by putting him in jail for five years but by getting him into a program to get back on track so he doesnt end up hurting himself or someone else.
also, with drunk drivers, i believe its fairly common to force them to accept some counseling. so, perhaps once a person is tagged for illegal pornography they are also forced to accept some counseling to have a professional of some sort further determine if they are okay to release back into their job/home/family or if they are a risk for hurting themselves or someone else.
a complicating factor to getting any laws changed here, assuming a pornography law needs be changed to be more fair, is ... does anybody really want to get into the business of defending pornography? especially if there are kids involved? i mean, there's Larry Flynt but who else? maybe nobody, right? i dont imagine many Senators using a Fairness in Pornography bill as their ticket to Washington, ya know?
but still, the type and length of punishment in this example sounded disproportionate to the crime.
it also makes me wonder, what other crimes get five years in jail?