Morton Berger
Encyclopedia
Morton Robert Berger is an Arizona
high school
teacher who was sentenced to 200 years in prison (without the possibility of probation
, parole
or pardon
) for the possession of 20 images of child pornography
. This sentence, which was the minimum
available in Arizona law, was upheld by the Arizona Supreme Court
in 2006. On February 26, 2007 the Supreme Court of the United States
declined to hear a further appeal
.
, which prohibits "cruel and unusual punishment
". They argued that although each 10-year sentence was not too long in itself, the cumulative total of 200 years was grossly disproportionate to Berger's conduct overall, given that if he had murder
ed or rape
d a child, he would have received a shorter sentence. Losing in the Arizona Court of Appeals
, they appealed to the Arizona Supreme Court
, which ruled on May 10, 2006.
Some judges of the Arizona Supreme Court were sympathetic to Berger's argument. Vice Chief Justice Rebecca Berch described the mandatory minimum, mandatory consecutive sentencing rule, and exclusion of probation, parole or pardon as a "triple whammy," observing that "it far exceeds the sentence imposed for similar crimes in any jurisdiction and exceeds the penalties regularly imposed in Arizona for crimes that result in serious bodily injury or even death to victims."
Despite its reservations, however, the court considered itself bound by precedent
s to uphold the sentence, saying that consecutive sentences which add up to very long sentences are not unconstitutional, provided that each of the individual sentences which comprise it are not themselves unconstitutional. The decision was virtually unanimous, with Berch concurring in part and dissenting in part.
On February 26, 2007, the Supreme Court of the United States
declined to hear a further appeal.
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
teacher who was sentenced to 200 years in prison (without the possibility of probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
, parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
or pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
) for the possession of 20 images of child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
. This sentence, which was the minimum
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
available in Arizona law, was upheld by the Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
in 2006. On February 26, 2007 the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
declined to hear a further appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
The crime
In 2002, Berger was arrested after a police raid on his home for the possession of a large collection of child pornography that he had collected over the previous six years. He was charged with 35 specimen counts of sexual exploitation of a minor, each charge relating to one image; 15 of these charges were dropped, and Berger was convicted by a jury of the remaining 20 counts against him.The sentence
The unusual 200-year sentence consisted of 10 years for each photograph, the minimum allowed by the state law. The state of Arizona argued that each image was a separate crime, so the sentencing judge ordered that the sentences had to run consecutively, and were, under state law, to be served without possibility of probation, parole or pardon. The maximum sentence proposed to the court by the prosecutor was 340 years, while the maximum sentence available was 480 years.The appeals
Berger's lawyers appealed against the sentence, citing the Eighth Amendment to the United States ConstitutionEighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
, which prohibits "cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
". They argued that although each 10-year sentence was not too long in itself, the cumulative total of 200 years was grossly disproportionate to Berger's conduct overall, given that if he had murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ed or rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d a child, he would have received a shorter sentence. Losing in the Arizona Court of Appeals
Arizona Court of Appeals
The Arizona Court of Appeals is the intermediate appellate court for the State of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson....
, they appealed to the Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
, which ruled on May 10, 2006.
Some judges of the Arizona Supreme Court were sympathetic to Berger's argument. Vice Chief Justice Rebecca Berch described the mandatory minimum, mandatory consecutive sentencing rule, and exclusion of probation, parole or pardon as a "triple whammy," observing that "it far exceeds the sentence imposed for similar crimes in any jurisdiction and exceeds the penalties regularly imposed in Arizona for crimes that result in serious bodily injury or even death to victims."
Despite its reservations, however, the court considered itself bound by precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s to uphold the sentence, saying that consecutive sentences which add up to very long sentences are not unconstitutional, provided that each of the individual sentences which comprise it are not themselves unconstitutional. The decision was virtually unanimous, with Berch concurring in part and dissenting in part.
On February 26, 2007, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
declined to hear a further appeal.