NCJ Number
237443
Journal
Critical Issues in Justice and Politics Volume: 2 Issue: 3 Dated: November 2009 Pages: 35-58
Date Published
November 2009
Length
24 pages
Annotation
This article traces the history of the obscenity laws, and discusses concerns that have arisen regarding the law.
Abstract
Obscenity laws offer a unique set of circumstances to defendants in the legal system in that they rely entirely on community standards. As such, defendants may not know if they are guilty of a crime until the jury reaches its verdict. The current article traces the history of the obscenity laws, and discusses concerns that have arisen regarding the law. These concerns begin by addressing the lack of clear definitions within the law which have led to challenges of vagueness. Further, judges and researchers alike have concerns that jurors may not be able to adequately ascertain community standards. Despite these concerns, the authors offer a variety of solutions in which research can be used to help improve the current misunderstanding regarding obscenity. (Published Abstract)