Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 *guilty* #3

[CharlestonGal]

8-12 total, right? Will his molestation victims be allowed to submit anything?

No idea. I'm not sure what the pre-sentencing report covers...? Gitana probably knows.

 

[Amonet]

They had strong evidence that it was Josh who downloaded that stuff. Anyone who even wants to watch that stuff is a danger, and they are perpetuating the abuse in the material even though they weren't the actual abuser in the video. Demand for it perpetuates it. A mind that's wired to enjoy that stuff has something very wrong with it.

I am glad JD was caught and now the case has been heard and a jury have found him guilty, I am glad he'll be going away. I think he should also consider that this might not directly be punishment for what he did as a teen, but those incidents were a starting point of putting his own nasty predilections above the feelings of other people, and it's that which means they are victims, no matter how you try and spin it as teenage curiosity or teenage 'mistakes'. It was never about normal curiosity about the opposite sex. It wasn't because he saw a child's diaper changed or a baby bathed, it was something seriously wrong with him.

 

[BeckyF]

I really dislike the comment the judge made about acknowledging and appreciating Josh's compliance while being out on bail. It couldn't have been that difficult. Patting him on the back for not running is an insult to victims of CSAM.

 

[Cool Cats]

From today. Why smiling/smirking?

Josh Duggar seen smiling in mugshot photo after receiving guilty verdict in child trial

Washington County Sheriff's Office

 

[CharlestonGal]

From today. Why smiling/smirking?

View attachment 325940

Washington County Sheriff's Office

I think there is something wrong with him separate and apart from pedophilia. His affect has been inappropriate from the very beginning of this thing. Smirking/smiling for mug shots, laughing and joking in the courtroom.

Something is very off with him.

 

[mickey2942]

Well, it has been a long journey. Josh goes directly to jail. As for his "smirk", he is so used to pretending that "everything is fine", he doesn't even know how to react any other way.

This family has been so fractured. And I doubt that Josh Duggar's children will be getting the help that they so desperately need. They will just be told to smile and pray. Everything is fine.

 

[Cool Cats]

No idea. I'm not sure what the pre-sentencing report covers...? Gitana probably knows.

The Importance of a Pre-Sentence Report (PSI)

If someone has been convicted of or plead guilty to a federal crime, the pre-sentence report is perhaps the most important document in his or her life. This is a formal report issued by the U.S. Probation Office that is presented to the judge. The report details what the Probation Office thinks is an appropriate sentence for the convicted criminal and why the office thinks the sentence is appropriate. Here is a list of things that might be included in the report:

• The Federal Sentencing Guidelines’ recommendation
• The defendant’s criminal history
• The impact of the crime on the victim
• The willingness of the defendant to cooperate
• The psychological history of the defendant
• The finances of the defendant
• A sentencing recommendation
• Federal Sentencing Hearings: What to Expect
  
• The Importance of a Pre-Sentence Report | Federal Charges.com

 

[gitana1]

Josh Duggar is found GUILTY on two counts of child | Daily Mail Online

Up to 40 years! Although I doubt it will be that long.

Lots of details here about the reaction of various Duggars who were in the courtroom.

So interesting. It seems they actually thought he’d be acquitted. Crazy.

 

[BeckyF]

Paging @gitana1
I still don't understand the statement by prosecutors that the receipt of child is a lesser included offense and he cannot be convicted of both. Does that mean he won't receive a sentence for both counts he was convicted of? I don't get it.

 

[meanmaryjean]

I think there is something wrong with him separate and apart from pedophilia. His affect has been inappropriate from the very beginning of this thing. Smirking/smiling for mug shots, laughing and joking in the courtroom.

Something is very off with him.

They are raised to always ALWAYS present that 'perfect' 'cheerful' image. And living in the fishbowl of a reality TV show probably did not help. I suspect it's so ingrained in him he doesn't even realize he's doing it. He's gonna find out in a hurry methinks.

Also- how relieved do you think the family he's been housed with all this time are to be rid of him? What I wouldn't give to be a fly on THOSE walls right now! Did those people attend his trial?

 

[HawthorneJuniper]

Paging @gitana1
I still don't understand the statement by prosecutors that the receipt of child is a lesser included offense and he cannot be convicted of both. Does that mean he won't receive a sentence for both counts he was convicted of? I don't get it.

It's a lesser included offense. So he's sentenced on the larger charge. The lesser is stayed. Assuming that means if anything should happen to the larger charge they could fall back on the lesser? But if the conviction is overturned not sure how that would work. I just cover civil/financial legal stuff for a bank so not conversant with criminal practice so someone else may be able to explain it better. I hope!

 

[meanmaryjean]

I really dislike the comment the judge made about acknowledging and appreciating Josh's compliance while being out on bail. It couldn't have been that difficult. Patting him on the back for not running is an insult to victims of CSAM.

Honestly, I think he said it to avoid blowback from the immediately taken into custody business. I think there's a legal reason he acknowledged that.

 

[Tutter]

May he get the maximum sentence and maximum fine allowable. And may all his victims have peace now that he didn’t get away with it this time. I would also like to take a moment to hope his enablers realize their part in the crimes, although I don’t think they will. That is a shame because a tiny part of me feels for 12 year old Josh who was failed. Maybe this didn’t have to turn out like this. This cult is riddled with sex offenders, so I hope the light shines deep into the corners to save future victims.

 

[HawthorneJuniper]

It'll be a couple of months before he's sentenced. A pre-sentencing investigation/report has to be conducted and presented to the judge and that may take a while.

A few of us did a deep dive on the federal sentencing guidelines for these offenses (it's calculated on a point system) and came up with 8-12 years. Which is pretty much in line with what this specific judge has sentenced similar offenders in the past.

Court indicated 4 months and that's likely the soonest. The defense says there will be an appeal. Throwing good money after bad I guess. But it takes a while for all the pre-sentencing stuff, interviews, investigations of background.

There's a whole booklet covering this topic:

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.ussc.gov%2Fsites%2Fdefault%2Ffiles%2Fpdf%2Fresearch-and-publications%2Fresearch-publications%2F2021%2F20210629_Non-Production-CP.pdf&clen=2419908&chunk=true

Found this interesting:

"Nearly half (48.0%) of non-production child offenders engaged in aggravating sexual conduct prior to, or concurrently with, the instant non-production child offense in fiscal year 2019. This represents a 12.9 percentage point increase since fiscal year 2010, when 35.1 percent of offenders engaged in such conduct."

Sentencing Guidelines start in Chapter Two, Part G, Subpart 2. These are aggravating factors:

"Section 2G2.2 contains six enhancements based on aggravating circumstances: (1) victims under the age of 12 or prepubescent minors;38 (2) the defendant distributed child ;39 (3) the images included sadistic or masochistic acts or violence or the exploitation of an infant or toddler;40 (4) the defendant engaged in a “pattern of activity” involving the “sexual abuse or exploitation of a minor;”41 (5) the defendant used a computer to commit the offense;42 and (6) the offense involved a certain number of images."

 

[mickey2942]

So interesting. It seems they actually thought he’d be acquitted. Crazy.

Probably because he lied, and wouldn't own his deviant behavior. Stupid. He could have done four years standing on his head, or whatever the plea deal was... this however, a conviction. That is some bad juju for Josh.

And the kids. It is easier to process the grief of a dead parent, rather than the ongoing drama and stress of a parent in prison.

 

[gitana1]

No idea. I'm not sure what the pre-sentencing report covers...? Gitana probably knows.

I asked my law partner. He said they consider any criminal record. Letters on his behalf from family, work, school, church, associates. They look at victim statements. Most of his victims that have been iD’ed will be positive and forgiving.

I don’t know enough about federal sentencing guidelines but my guess is he’s facing 6-10 years. I hope the nature of the images and his past criminal conduct as a juvenile make him face more than the minimum of five years.

 

[CrimeAway]

I think there is something wrong with him separate and apart from pedophilia. His affect has been inappropriate from the very beginning of this thing. Smirking/smiling for mug shots, laughing and joking in the courtroom.

Something is very off with him.

I would be interested to know how he would score on the Hare Psychopathy Checklist. JMO.

Hare Psychopathy Checklist (Original) (PCL-22)

 

[BeckyF]

Honestly, I think he said it to avoid blowback from the immediately taken into custody business. I think there's a legal reason he acknowledged that.

Could be. I hadn't thought of it like that.

 

[blue22]

I really dislike the comment the judge made about acknowledging and appreciating Josh's compliance while being out on bail. It couldn't have been that difficult. Patting him on the back for not running is an insult to victims of CSAM.

It wasn't a pat on the back. I see judges do this all the time. It's generally to temper emotions and the defense. They were asking for him to be out citing his compliance. The judge knows hie compliance is irrelevant to the seriousness of the charges.

 

[Cool Cats]

Inside Court When Josh Duggar Heard the Guilty Verdict — and His Emotional Exchange with Wife Anna

Beyond the occasional asides and brief hugs with his family, Duggar showed little outward reaction to the mounting case against him.

But he broke on Thursday morning.

As he was led away in handcuffs after being convicted of knowing receipt and possession of child , the U.S. marshals who were ordered to take the former 19 Kids and Counting star into custody, pending his sentencing next year, let him stop briefly by the gallery's front row where wife Anna Duggar sat with his dad, Jim Bob Duggar, and others.

Josh grew visibly distraught as he and Anna, 33, spoke — his eyes tightening and face crumpling, though his mouth was covered with a mask — before he was taken out of the courtroom.

Derick Dillard Reacts to Josh Duggar Guilty Verdict: We Wanted to 'See the Facts for Ourselves'

"We just wanted to, among other things, see the facts for ourselves," he said, adding, "America is the best country to get justice."