Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #2

[watcher9]

It sounds like there is no parole if Josh is convicted.

Federal parole in the United States - Wikipedia

 

[Kristin Esq.]

Sixty sounds good to me.

And there is no parole on federal charges?

Yes and No. I've never practiced in the federal realm, so I had to look this up:

Can You Get Parole in Federal Prison?

 

[Hazelnutty]

I am really hoping he gets 60 years. What a repulsive human form he is.

 

[Auntie Cipation]

Jury selection starts Tuesday, I believe.

Have we identified any reporters who will be live-tweeting from the trial?

Maybe he's not famous enough for that, or maybe the subject matter is too off-putting, but a reporter could use discretion and only report generically on the progress of the case.

 

[mickey2942]

Correction, he probably won't get the maximum. I thought that was mandatory sentence. If he is convicted on both counts, it looks like at least 10 years, probably more, based on the age of the child in the video.

There is a formula used by the judge for sentencing.

 

[Cool Cats]

I can't believe he didn't plea bargain. It is really really an uphill battle to get acquitted in a Federal trial.

Could he be the miracle 1% who gets off?

 

[Cool Cats]

It sounds like there is no parole if Josh is convicted.

Federal parole in the United States - Wikipedia

In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.

Can you get out early with the First Step Act in federal prison?

Yes. Even though you can’t get parole in federal prisons, you can leave prison before your release date. The First Step Act allows people in prison to reduce their time by earning good time credits. The goal of the First Step Act is to help incarcerated people who follow the rules get out of prison faster. The hope is that incarcerated people learn how to make good choices in prison. And, when they get out, they are less likely to return to prison.

You can earn up to 54 days of good time credit for each year you serve. This means that you can reduce your sentence by about one and a half months every year. So, if you have a five-year sentence, you could get out about six months before your release date. But good time credit is not permanent. Prison officials can take away good time if you get in trouble or get a new charge.

Federal Charges | Sentencing and Punishment | Federal ...

 

[MsMarple]

I can't believe he didn't plea bargain. It is really really an uphill battle to get acquitted in a Federal trial.

Could he be the miracle 1% who gets off?

Bite your tongue, Cat, no miracles for Josh (I hope)!!

IMO it could just be hubris that spurs Josh to believe he'll get off. It's hard to tell what his defense strategy will be but IMO it wouldn't surprise me if on some level Josh is confident that his "celebrity" status and his father's political connections will somehow work in his favor.

As I've said before, until the molestation news broke all I knew of the Duggars was they had a huge family and that made them famous. I did briefly follow another large family - the Willis family - until the dad was thrown in prison for sexually abusing his oldest daughter. At least the mother supported her daughter and kicked the dad to the curb.

 

[nyvictoria]

However many years he gets, my hope is that he’ll serve a good majority of his time in General Population. There’s no rehabilitating predators like Josh, who feel they’re above the law and entitled to do whatever they want, when ever they want. 10 years in GenPop might give him pause before deciding to reoffend.

 

[Zella]

Jury selection starts Tuesday, I believe.

Have we identified any reporters who will be live-tweeting from the trial?

Maybe he's not famous enough for that, or maybe the subject matter is too off-putting, but a reporter could use discretion and only report generically on the progress of the case.

Keep an eye on the local reporters from Channel 5 and KNWA. IIRC KNWA's Garrett Ferguson was doing some of the more in-depth live reporting on Twitter around the arrest and the bond hearing this spring, but I don't know if he's covering the trial or not.

 

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[mickey2942]

https://www.nwahomepage.com/northwest-arkansas-news/josh-duggar-trial-a-timeline-of-events/

 

[Hoosgirl]

This is a must read, too much to snip! Jim Bob finally got caught by the subpoena server and had to testify today.

Josh Duggar Child Case: Jim Bob Subpoenaed to Testify About Son's Past Molestation Scandal

 

[BeckyF]

Judge Brooks put JB in his place. I like this judge.
Josh Duggar Child Case: Jim Bob Testifies on Past Molestation Scandal | PEOPLE.com

 

[gitana1]

Bite your tongue, Cat, no miracles for Josh (I hope)!!

IMO it could just be hubris that spurs Josh to believe he'll get off. It's hard to tell what his defense strategy will be but IMO it wouldn't surprise me if on some level Josh is confident that his "celebrity" status and his father's political connections will somehow work in his favor.

As I've said before, until the molestation news broke all I knew of the Duggars was they had a huge family and that made them famous. I did briefly follow another large family - the Willis family - until the dad was thrown in prison for sexually abusing his oldest daughter. At least the mother supported her daughter and kicked the dad to the curb.

I think it is hubris. He was raised to believe he is untouchable. As a male, he is above women and has authority from God. As long as he says he repents of his sins, he is ultimately forgiven and treated as if he never did anything wrong, after going through whatever punishment his parents or church design. But that punishment never includes actual interactions with LE. They will never report his behavior. Moreover, he will never have therapy with a licensed mental health professional. He never has.

So, minimum for both counts is 25 years. Up to 60 years if he gets the maximum for both counts.

Wow.

18 USC 2252A(a)(2) - can be sentenced between 15-40 years.
18 USC 2252A(A)(5)(B) - can be sentenced between 10-20 years depending on the age of the child.

I just wanted to clarify that a closer look at the statute shows his range for the first charge is 5-20. It is 15-40 if a defendant had a prior conviction! For the second, it is not more than 20 years, with no lower limit mentioned. Although if the images were just of of a child over 11, it would be no more than 10 years for possession.

mickey2942, his sentences would not be consecutive.

My guess is between 5-10 years. I'm guessing about 7. But that's without knowing the federal sentencing guidelines well. I'm so hoping it is longer. He is a danger to the community and his children. It is galling that he is able to be around his kids. His wife hasn't done anything to protect them from him so far (like separation or divorce) so how is her presence able to protect them now?

 

[gitana1]

Bite your tongue, Cat, no miracles for Josh (I hope)!!

IMO it could just be hubris that spurs Josh to believe he'll get off. It's hard to tell what his defense strategy will be but IMO it wouldn't surprise me if on some level Josh is confident that his "celebrity" status and his father's political connections will somehow work in his favor.

As I've said before, until the molestation news broke all I knew of the Duggars was they had a huge family and that made them famous. I did briefly follow another large family - the Willis family - until the dad was thrown in prison for sexually abusing his oldest daughter. At least the mother supported her daughter and kicked the dad to the curb.

She only kicked dad to the curb after someone reported the abuse. Per her daughter, she knew he was molesting his daughters for some time...and did nothing.

Similar culture as with the Duggars where the men rule and the victims are compelled to forgive and act like nothing happened.

 

[Cool Cats]

This is a must read, too much to snip! Jim Bob finally got caught by the subpoena server and had to testify today.

Josh Duggar Child Case: Jim Bob Subpoenaed to Testify About Son's Past Molestation Scandal

Wow. Jim Bob trying to tell the judge what to do!

Later, he (Jim Bob) said "I can't remember" when asked about the report and called it "tabloid information." "I'm not going to allow it, are you going to allow for that?" he asked judge Timothy L. Brooks.

After prosecutors asked him to read a copy of the report, Jim Bob said "I'm not going to do that," but ultimately said his memory was not jogged by reading the report in his head.

"If there is [an] objection to be made, someone will make it but it won't be you," the judge told him.

The other witness, Bobye, more specifically recalled that Josh repeatedly admitted, in 2003 and in 2005, to inappropriately touching four Jane Does over and under their clothes. Bobye is married to Jim Holt, an elder in the Duggar family's church.

 

[BeckyF]

Of note from the People Magazine article from today (link posted above):

He also took issue with the police report, which was obtained and published by InTouch.

"This was something for a young man to come forward," he said, calling it a "juvenile record" and a "sealed case."

Later, he said "I can't remember" when asked about the report and called it "tabloid information." "I'm not going to allow it, are you going to allow for that?" he asked judge Timothy L. Brooks.


After prosecutors asked him to read a copy of the report, Jim Bob said "I'm not going to do that," but ultimately said his memory was not jogged by reading the report in his head.

"If there is [an] objection to be made, someone will make it but it won't be you," the judge told him.

 

[mickey2942]

Wow. Talk about a reluctant witness. Here is more information about this situation.

Josh Duggar Molestation Scandal: Fox News' Megyn Kelly Previews Interview

 

[BeckyF]

Hearing these statements by a witness makes it clear why there was no plea agreement. Such entitlement.