skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 41608 Find in a Library
Title: LAW OF OBSCENITY
Author(s): F F SCHAUER
Date Published: 1976
Page Count: 474
Sponsoring Agency: Bureau of National Affairs
Washington, DC 20037
Sale Source: Bureau of National Affairs
1231 25th Street, NW
Washington, DC 20037
United States of America
Language: English
Country: United States of America
Annotation: THIS BOOK IS THE FIRST TREATISE OF ITS KIND DESIGNED ESPECIALLY FOR LAWYERS, JUDGES, PROSECUTING ATTORNEYS, LEGAL SCHOLARS, AND LEGISLATORS ON THE COMPLICATED AND RAPIDLY EXPANDING FIELD OF OBSCENITY LAW.
Abstract: PROFESSOR SCHAUER EXPLORES THE HISTORICAL ORIGINS AND BACKGROUND OF OBSCENITY REGULATION AND ITS EMERGENCE AS A MATTER FOR SUPREME COURT CONSIDERATION. HE ALSO SUMMARIZES THE MAIN ARGUMENTS IN THE CONTINUING DEBATE OVER WHETHER THERE SHOULD BE OBSCENITY REGULATION AT ALL, PRESENTING THE RELEVANT POLITICAL, SOCIOLOGICAL, AND PSYCHOLOGICAL CONSIDERATIONS. THE HEART OF THE BOOK, HOWEVER, IS AN EXPLORATION OF THE MAIN SUBSTANTIVE CONCEPTS OF OBSCENITY LAW--INCLUDING WHAT OBSCENITY IS OR IS NOT AND WHO SHOULD BE PROTECTED FROM IT--AS ENUNCIATED IN THE DECISIONS OF THE U.S. SUPREME COURT AND THOSE OF LOWER FEDERAL, STATE, AND LOCAL COURTS. A DESCRIPTION OF THE PRESENTLY EXISTING STATE AND FEDERAL REGULATORY FRAMEWORKS PROVIDES THE CONTEXT WITHIN WHICH THESE SUBSTANTIVE PRINCIPLES MUST BE APPLIED. THE LAST THIRD OF THE BOOK IS DEVOTED TO AN EXAMINATION OF PROCEDURAL CONSIDERATIONS APPLICABLE TO THE LITIGATION OF OBSCENITY CASES, FROM PRETRIAL PROCEDURES AND JURY SELECTION TO THE USE OF EXPERT TESTIMONY AT TRIAL AND INSTRUCTING THE JURY. MANY PRACTICAL PROBLEMS OF INTEREST TO DEFENSE COUNSEL, PROSECUTION, OR BOTH ARE FULLY DISCUSSED. APPENDICES INCLUDE A COMPREHENSIVE LIST OF QUESTIONS FOR JURY EXAMINATION, SUGGESTED JURY INSTRUCTIONS, USEFUL FORMS, MANY OF THE RELEVANT STATUTES, AND THE FULL TEXT OF 11 MAJOR OBSCENITY CASES. THE BOOK IS FULLY AND EXTENSIVELY FOOTNOTED FOR EASY REFERENCE TO THE RELEVANT LITERATURE AND CASE LAW. (AUTHOR ABSTRACT)...MSP
Index Term(s): Analysis; Judicial decisions; Jury instructions; Jury selection; Laws and Statutes; Pornography; Pretrial procedures; Procedure manuals; Trial preparation; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=41608

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.