Obscenity and the Law: Is it Possible for a Jury to Apply Contemporary Community Standards in Determining Obscenity?

• NCJ Number: 123296
• Journal: Law and Human Behavior Volume: 14 Issue: 2 Dated: (April 1990) Pages: 139-150
• Author(s): J E Scott; D J Eitle; S E Skovron
• Date Published: 1990
• Length: 12 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper examines whether a random sample of adults can apply local contemporary community standards regarding the acceptability of explicit sexual materials.

Abstract

Inasmuch as the legal test employed in the U.S. for determining obscenity requires a jury to apply such standards, the research examines the practicality of such an approach. The analysis indicates that the best predictor of what an individual will perceive the community standards to be is the individual's own standards concerning sexual materials. The implications of these findings are examined both from a legal and social science perspective. In addition, the consequences of not providing jurors information concerning local standards are discussed. 9 notes, 2 tables, 42 references. (Author abstract)