You can learn a lot about the law when you study prior court cases. For information about child pornography law, you can learn from Jared Fogle. The former face of Subway makes for the ideal child porn case study. Study the details of his case and learn why he ended up with a 15 year jail sentence.
Child Porn Case Study – Jared Fogle
In 2015, a judge sentenced Jared Fogle to 15 years in prison. The sentencing occurred after Fogle agreed to a plea deal and admitted to having sex with minors and receiving child pornography.
The Crime
Jared Fogle faced charges for several different incidents. In addition to paying minors for sex, Fogle did so through interstate travel. There was also the issue of child pornography. In this child porn case study, there were 400 pornography videos in the defendant’s possession. Fogle received many of those videos from the head of his own charity organization.
The Punishment
After his hearing, a judge sentenced Fogle to 188 months in prison. That works out to over 15 and a half years in a prison facility. However, Fogle could get out sooner. There is a 13 year minimum, which will then lead to parole. He has a lifetime of supervised release.
However, Fogle’s lawyers hoped for a much less serious sentence. His lawyers requested a sentence of five years. Although the prosecutor wanted 12 years for Fogle, the judge felt that more time was necessary. It was a harsh punishment that came at the discretion of the judge.
In addition to ordering Fogle to serve prison time, the judge also ordered Fogle to pay restitution. He paid about $1.4 million, which was split by the 14 victims of his crimes.
Why the harsh sentence?
1. The judge
There are several reasons for the outcome of this case. First, you need to consider the judge’s personal beliefs. In her ruling, she claimed that Fogle was obsessed with pornography. On several occasions, she made it clear that she felt Fogle’s behavior was unacceptable. The judge took a harsh stand against child pornography and sex with minors. As a result, she issued an equally harsh sentence.
During a sentencing hearing, a judge has a great deal of discretion. This is especially true in federal cases. Unlike state cases, there are no guideline requirements during sentencing. Many states have mandatory minimum and maximum sentences. However, federal judges only have recommended guidelines to consider. As a result, the severity of the sentence is much more dependent on the judge than other issues.
2. The Evidence
Another reason for the harsh sentence was the evidence against Fogle. In court, the judge and spectators heard narrated texts that Fogle wrote about text with minors. Hearing the way that he joked about it and took is so lightly hurt his case. With such harsh evidence against him, the judge had more of a reason to issue a tough sentence. The emotional appeal of the texts was too great.
Although Fogle broke down in tears after hearing the text, the damage was done. In criminal cases, this type of evidence can be very damaging to your case. This child porn case study shows the significance of evidence that appeals to emotion.
What worked?
It is possible that Fogle’s sentence could have been worse. However, his lawyer brought to light some interesting evidence.
The Experts
First, there was a therapist who admitted that Fogle was remorseful. He worked with Fogle and his lawyer to come up with a treatment plan. By showing that Fogle was willing and able to get treatment, it is possible that the judge lessened his sentence.
There were other experts that helped Fogle’s situation. When a forensic psychiatrist testified, he claimed that Fogle showed signs of hypersexuality. It is possible that his compulsive sexuality occurred during his weight loss. In showing that there was a reason for his client’s behavior, the lawyer helped Fogle look less like a villain.
The circumstances
It did help that Fogle’s victims of sex with minors were not children. This makes the charges less serious. However, the child pornography circumstances were different. Victims of Fogle’s child pornography viewing were as young as six years of age.
However, Fogle’s lawyer pointed out that his client was a father and never abused his own children. This key point could be a reason for a less harsh sentence.
Learning from the Child Porn Case Study
There is a lot to learn from this child porn case study. Although Fogle received a harsh sentence, his lawyer did what he could to limit his sentence. There was just too much concrete evidence against Fogle to fight the charges. Text messages and audio recordings linked Fogle directly to the crimes. There was no denying it. By agreeing to a plea deal, Fogle saved himself from even more time in jail. In some cases, this is the best-case scenario.
