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Criminal Law 5.3 - Essay Example

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These cultural values and beliefs include all the things which are considered acceptable by the majority of the people by which…
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Criminal Law 5.3
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"Criminal Law 5.3"

Download file to see previous pages er; the determination includes the twin issues of obscenity and pornography which are two different matters altogether although there is a very fine line distinguishing these two concepts. Moreover, it is also natural for a culture to change over time and this includes ideas on what are obscene and pornographic. In particular, the concept of what is obscene can change over time, depending on the values that prevail at a particular period in time; certain books were thought to be obscene but today are now classics. This paper briefly examines and discusses the many issues surrounding the two ideas.
The concept of obscenity has evolved over time and literary works of famous authors like Henry Miller, James Joyce, and D. H. Lawrence were once banned for being obscene and yet today are considered as literary classics (Wallace & Roberson, 2012, p. 247). However, there is a difference of material that is considered obscene as it is not protected by First Amendment while pornography is allowed and protected within certain limits under the First Amendment. It is of little comfort that some materials can be allowed while some are not allowed and illegal. In earlier times, pornography was not bad as it was part of erotica or the highly artistic and refined reproduction or depiction of human sexuality in acceptable works of art (Lynn, 1996. p. 13).
a. The statute against obscenity applies to computer-generated materials like some of the new manga (Japanese comics) series which depict obscene acts and likewise applies to computer transmissions of the same materials in the same way that the MPC (Model Penal Code) applies to undeveloped photographs, molds, printing plates, etc. (Wallace & Roberson, 2012, p. 249). But these computer-related materials must still be subject to and pass the so-called Miller Test.
b. Ordinary jury members are usually aware of “community standards” based on what are the prevailing views on morality and public decency so they would be able to ...Download file to see next pagesRead More
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