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Castner

If a person is convicted of child pornography, they should absolutely be denied probation. Unlike parole where the sentenced is served, probation is “court-ordered period of correctional supervision in the community, generally as an alternative to incarceration” (Herberman, 2014). In what world should someone who is convicted of child pornography be allowed the opportunity to go back into society while their sentence is suspended. While child pornography doesn’t necessarily scream violent, it does give off the implication of possible advances. The probation should not be allowed but the sentencing can vary. The possession and distribution of child pornography is a minimum of five years and maximum of twenty years for a first time offender and it lengthens if a previous offender of this crime. (U.S. Sentencing Commission, 2021) On the other hand, a first time offender of just possession of child pornographer can have a sentence of zero years with up to 10 years and up to 20 depending on the age of child in the material. While I do agree that the distribution sentencing should be longer, I do not agree with a convicted person that just has possession having the possibility of serving no time at all. That is kind of mind blowing at least to me.

While I get the point of community corrections and having the focus on helping an individual, there are certain people for their crimes that shouldn’t be afforded probation. Parole would be much easier to sell because they have served a sentence and punishment for their crime and now with good behavior, they could get out and get help. People convicted of child pornography forfeited their probation right when they chose to store or distribute it. By giving them the chance to have probation, it makes is seems like a lesser offense and almost like a misdemeanor. While viewing child pornography alone does not make you a sex offender, studies have shown that their is a correlation between the two. (U.S. Sentencing Commission, 2021) This just makes me think how many people got away with just being convicted of the child pornography and not anything else. These people clearly have some sort of attraction to children of a younger age and they chose to store photos and possibly make or distribute them. after they serve their sentence, then they can get help.