Michigan Arrest Raises Questions About Definition of Child Porn

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Today, anyone can create a video and post it on the Internet for millions to see.  But law enforcement and the courts are struggling to keep up with the innovations.  In Michigan, a 21-year-old musician Evan Emory has been charged with creating and distributing child pornography after he edited a video to make it look like an audience of children was listening to him sing a song with sexually explicit lyrics.  He than posted the video on YouTube.  If convicted, Emory could face 20 years in jail and be forced to join the sex offender registry. The first-graders were filmed while Emory performed children’s songs at the local elementary school.  After the children left, Emory taped himself singing the racy song.  He later cut the two together.  The video included a disclaimer the children, who were readily identifiable, were not present during the performance of the song. According to a story in The New York Times, reactions to the video and Emory’s arrest have been split.  Many do not believe it could be considered child pornography, although most feel the video was in poor taste. JJIE.org recently covered another case involving the digital manipulation of children’s images.  The Second Court of Appeals, in New York, upheld the conviction of a man who pasted the faces of underage girls on the naked bodies of adults.

Georgia RYDC map

[MAP] Georgia RYDC Locations

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Budget troubles are beginning to cause problems for the juvenile justice system in Georgia. In an attempt to close a more than $5 million shortfall, Department of Juvenile Justice officials in the state recently announced the closing of two youth detention centers. Below is a map of all Regional Youth Detention Centers in Georgia, including the recently closed ones in Blakely and Griffin. For more information including addresses and telephone numbers, visit the DJJ page.

Sen. Jack Hill: ‘I’d like to see RYDCs operate more efficiently’

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We’re asking lawmakers to weigh in on issues affecting children and the juvenile justice system in Georgia. In this installment of the JJIE.org interview series, State Senator Jack Hill (R-Reidsville) weighs in on the new Department of Juvenile Justice (DJJ) commissioner and how the cash-strapped agency may effectively cut costs. Senator Jack Hill

Chairman of the Senate Appropriations Committee
Former Chairman of K-12 Education, Ethics and Higher Education Committees. JJIE: What do you consider to be some of the main pressing issues facing juvenile justice in Georgia? J.H.: I know that the budget cutbacks are a setback, but I’ve been impressed with [DJJ’s] plans for efficient delivery of services.  I’ve been especially impressed with Commissioner Amy Howell’s work.

States Roll Back Prosecuting Teens as Adults

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An era of prosecuting juveniles as adults may be coming to an end in numerous states as criminal justice officials face a growing recognition that many underage offenders have been mishandled in the adult system, details a story in Sunday’s New York Times. While states from Connecticut to Wisconsin have started to roll back the generation’s old policies, many other states remain resistant to the change, citing the higher cost of adding more people to the juvenile systems at a time of crushing budget problems, says the paper.

Update: More Charges Filed in Wreck that Killed Teen

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Four adults have now been charged with supplying teens with alcohol ahead of a fatal car accident on Feb. 19 in Douglas County, according to the Sheriff’s Office. One of the adults charged is the county’s chief code enforcement officer, Todd McAllister. McAllister’s home was the site of one of two parties the teens attended the evening of the wreck. Another charged was Rocky Patel, a local story owner who allegedly sold alcohol to the teens.

Federal Appeals Court Rules on “Virtual” Child Porn

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The Second Court of Appeals, in New York, upheld the conviction for child pornography of a man for digitally pasting the faces of underage girls on the nude bodies of adults.  The court ruled that the images altered by 50-year-old John C. Hotaling were not protected free speech under the First Amendment. Hotaling argued that no minors were injured by his actions but the three-judge panel said the girls in the images were “at risk” for psychological harm.  No evidence was found that Hotaling distributed the images. The U.S. Supreme Court ruled in 2002 that computer-generated images that did not involved actual minors were protected speech.  Congress responded by enacting legislation that considers any image featuring “identifiable minors” to be child pornography. According to his attorney, Hotaling plans to appeal.

DJJ Announces Second Youth Detention Center Closing

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The Georgia Department of Juvenile Justice (DJJ) announced the closing of the second regional youth detention center (RYDC) in as many days.  The 30-bed Blakely RYDC in Early County will close effective April 1.  The decision to close the facilities came after the DJJ budget was cut by $5.4 million. DJJ Commissioner Amy Howell said the Griffin and Blakely RYDCs were chosen because of their proximity to other facilities and not performance. “The decision was more based on data and not operations,” said Howell.  “The work at both of these facilities was outstanding.”

Last year, the DJJ said up to four facilities, Griffin, Blakely, Claxton and Gwinnett, could be closed. "I'm am totally flabbergasted by this news," said Captain Phillip Law of the Early County Sheriff's Department when reached at his office in Blakely. "We thought we had enough political pull to keep it open, but I guess we were wrong."

Upcoming Cases in U.S. Supreme Court Could Alter How the Constitution Affects Kids

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The Unites States Supreme Court is set to hear a number of cases this month that look at how the Constitution applies to children.  In each of the cases kids were questioned behind closed doors at their schools with no attorneys present and without being read their Miranda rights. In one of the cases an Oregon family is suing a case worker and deputy sheriff for “badgering” their 9-year old-daughter into accusing her father of molestation.  The U.S. Court of Appeals for the 9th District ruled that the girl’s questioning violated the Fourth Amendment’s ban on “unreasonable search and seizure,” according to a story in The Washington Post. Advocates say that the courts should treat children differently than adults.

DJJ Closes Griffin facility

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Georgia’s budget troubles surfaced today when the state’s Department of Juvenile Justice (DJJ) announced the closing of one of its youth detention centers, while its top official acknowledge that another shuttering would be announced in the coming days. The DJJ said the Griffin Regional Youth Detention Center (RYDC), a 30-bed facility south west of Atlanta, would be closed due to the department’s budget shortfall of $5.4 million. DJJ Commissioner Amy Howell later told the JJIE another facility would also be closed, but declined to say which one. "We will be announcing the closure of another facility in the coming days," said Howell. The DJJ runs 22 RYDC’s in the state, including the one in Griffin.  Last year, the DJJ said up to four facilities, Griffin, Blakely, Claxton and Gwinnett, could be closed.

Law Professor Argues Against Prosecuting Minors for Prostitution

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In a new article, an assistant law professor at UNC School of Law argues that children involved in commercial sexual exploitation should not be charged with crimes.  The article, “The Youngest Profession: Consent, Autonomy, and Prostituted Children,” to be published in the Washington University Law Review takes a critical look at laws that allow minors to be criminally prosecuted for prostitution. The full article is subscription only, but a detailed abstract is available here.