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February 13, 2009

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Very interesting article, I did not know that child pornography is viewed and collected by pedophiles for a variety of purposes, ranging from private sexual uses, trading with other pedophiles, preparing children for sexual abuse as part of the process known as "child grooming", or enticement leading to entrapment for sexual exploitation such as production of new child pornography or child prostitution.

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To be sure, if I were either of their attorneys, and they were comfortable with a "pity defense", I would be willing to put it forward. Criminal defense lawyers can and should represent the individual - irrespective of "movement" politics. But the broader political implications of these cases are discomforting. Some disability advocates were unhappy with the implications of Atkins v. Virginia - where the Supreme Court banned execution of people with mental retardation. They felt that the decision diminished the agency and humanity of these individuals. If Atkins was a close call, this one is easy.

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