Supporters of the criminalization of child pornography and violent pornography often argue that images and stories depicting such activities, even when entirely fictional, can induce predisposed individuals to molest children or commit violent sexual crimes. Like the argument that violent movies and violent video games can promote anti-social behavior, the catalyst theory of child pornography has some intuitive appeal.

However, the empirical research examining the link between pornography and abuse is not exactly conclusive. Even assuming some positive correlation exists between the possession of simulated violent pornography and actual sexual violence, what laws like the Criminal Justice and Immigration Act set out to do is incarcerate people for undesirable activities they have not yet undertaken, but could undertake in the future. Such laws can't be justified on any retributive theory of punishment. The future harm they seek to prevent, while potentially horrendous, will always be speculative. There's nothing speculative about the havoc incarceration wrecks on the lives of individuals who possess simulated violent pornography, or on the lives of their families.

Convictions on the basis of future crimes have no place in a justice system that pays more than lip service to the notions of free will and personal responsibility.

-- AndreiVoinigescu - 06 Sep 2008