NCJ Number
41608
Date Published
1976
Length
474 pages
Annotation
THIS BOOK IS THE FIRST TREATISE OF ITS KIND DESIGNED ESPECIALLY FOR LAWYERS, JUDGES, PROSECUTING ATTORNEYS, LEGAL SCHOLARS, AND LEGISLATORS ON THE COMPLICATED AND RAPIDLY EXPANDING FIELD OF OBSCENITY LAW.
Abstract
PROFESSOR SCHAUER EXPLORES THE HISTORICAL ORIGINS AND BACKGROUND OF OBSCENITY REGULATION AND ITS EMERGENCE AS A MATTER FOR SUPREME COURT CONSIDERATION. HE ALSO SUMMARIZES THE MAIN ARGUMENTS IN THE CONTINUING DEBATE OVER WHETHER THERE SHOULD BE OBSCENITY REGULATION AT ALL, PRESENTING THE RELEVANT POLITICAL, SOCIOLOGICAL, AND PSYCHOLOGICAL CONSIDERATIONS. THE HEART OF THE BOOK, HOWEVER, IS AN EXPLORATION OF THE MAIN SUBSTANTIVE CONCEPTS OF OBSCENITY LAW--INCLUDING WHAT OBSCENITY IS OR IS NOT AND WHO SHOULD BE PROTECTED FROM IT--AS ENUNCIATED IN THE DECISIONS OF THE U.S. SUPREME COURT AND THOSE OF LOWER FEDERAL, STATE, AND LOCAL COURTS. A DESCRIPTION OF THE PRESENTLY EXISTING STATE AND FEDERAL REGULATORY FRAMEWORKS PROVIDES THE CONTEXT WITHIN WHICH THESE SUBSTANTIVE PRINCIPLES MUST BE APPLIED. THE LAST THIRD OF THE BOOK IS DEVOTED TO AN EXAMINATION OF PROCEDURAL CONSIDERATIONS APPLICABLE TO THE LITIGATION OF OBSCENITY CASES, FROM PRETRIAL PROCEDURES AND JURY SELECTION TO THE USE OF EXPERT TESTIMONY AT TRIAL AND INSTRUCTING THE JURY. MANY PRACTICAL PROBLEMS OF INTEREST TO DEFENSE COUNSEL, PROSECUTION, OR BOTH ARE FULLY DISCUSSED. APPENDICES INCLUDE A COMPREHENSIVE LIST OF QUESTIONS FOR JURY EXAMINATION, SUGGESTED JURY INSTRUCTIONS, USEFUL FORMS, MANY OF THE RELEVANT STATUTES, AND THE FULL TEXT OF 11 MAJOR OBSCENITY CASES. THE BOOK IS FULLY AND EXTENSIVELY FOOTNOTED FOR EASY REFERENCE TO THE RELEVANT LITERATURE AND CASE LAW. (AUTHOR ABSTRACT)...MSP