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NCJ Number: 97380 Find in a Library
Title: Handbook on the Prosecution of Obscenity Cases
Author(s): G M Weaver
Date Published: 1985
Page Count: 128
Sponsoring Agency: National Obscenity Law Ctr
New York, NY 10115
Sale Source: National Obscenity Law Ctr
475 Riverside Drive
New York, NY 10115
United States of America
Language: English
Country: United States of America
Annotation: This practical guide to obscenity prosecutions reviews the criminal laws pertinent to the distribution of pornography to adults and discusses pretrial and trial procedures and tactics in such cases.
Abstract: A discussion of the development of American obscenity law focuses on U.S. Supreme Court decisions, particularly the 1973 decision in Miller v. California. The crucial elements of the decision -- appeal to prurient interest, patent offensiveness, and lack of serious value -- are examined in detail. Guidelines on pretrial matters cover investigation, search and seizure, arrest, charging, and plea bargaining. Advice on the trial itself covers the selection of the jury, the opening statement, evidentiary issues, the types of defenses and defense tactics likely to be used, and the summation. The jury instructions, the verdict, sentencing, and appeals are also outlined. Appendixes present sample jury instructions and a search warrant as well as transcripts of a direct examination of a prosecutorial expert and a cross-examination of a defense expert from Georgia obscenity cases. An index and a table of cases are supplied.
Index Term(s): Appeal procedures; Criminal investigation; Defense; Evidence; Jury instructions; Jury selection; Plea negotiations; Pornography; Prosecution; Prosecutor training; Search and seizure; Sentencing/Sanctions; US Supreme Court decisions
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