NEW PROSECUTORIAL TECHNIQUES AND CONTINUED JUDICIAL VAGUENESS - AN ARGUMENT FOR ABANDONING OBSCENITY AS A LEGAL CONCEPT

• NCJ Number: 11977
• Journal: UCLA Law Review Volume: 21 Issue: 1 Dated: (OCTOBER 1973) Pages: 181-241
• Author(s): P C BRONSON
• Date Published: 1973
• Length: 61 pages
• Corporate Author: UCLA
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF COURT DECISIONS ON OBSCENITY STANDARDS, AND PRESENTATION OF THESIS THAT CURRENT TESTS ARE UNWORKABLE AND SHOULD BE CLARIFIED BY LEGISLATIVE ACTION.

Abstract

THE AUTHOR PRESENTS A SUMMARY OF SUPREME COURT AND STATE AND FEDERAL LOWER COURT DECISIONS DETAILING COURT PROSCRIBED TESTS FOR OBSCENITY. HE CONTENDS THAT EVEN THE MOST RECENT DECISIONS PRESENT VAGUE GUIDELINES AND PREDICTS CONTINUED UNCERTAINTY IN THIS AREA OF LAW UNLESS LEGISLATURES RESPOND TO THIS DEMONSTRATED NEED FOR CLARIFICATION. THIS RESPONSE SHOULD ALTER OBSCENITY CODES FROM THEIR CURRENT PHILOSOPHICAL APPROACH TO ONE THAT DEFINES SPECIFIC ILLEGAL CONDUCT. HE PRESENTS A SUGGESTED ALTERATION OF CERTAIN CALIFORNIA CODES WHICH HAVE BEEN USED IN THE CAMPAIGN AGAINST OBSCENITY.