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Judge Weinstein: “We continue using the criminal law to unnecessarily crush the lives of our young.”

Shooting back at the Second Circuit, Judge Jack B. Weinstein of the Eastern District of New York writes passionately and eloquently that enforcing the five-year mandatory minimum sentence for distribution of child pornography over file-sharing programs like Gigatribe is an unnecessary cruelty. The Court of Appeals yesterday overturned Judge Weinstein’s below-minimum sentence in United States v. Reingold, holding that imposing the full five-year minimum would not run afoul of the Constitution’s ban on cruel and unusual punishment. ¬†Judge Weinstein’s full response is available here.

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