NCJ Number
17728
Journal
Northwestern University Law Review Volume: 69 Issue: 2 Dated: (MAY-JUNE 1974) Pages: 218-232
Date Published
1974
Length
15 pages
Annotation
THE AUTHOR CONTENDS THAT PEOPLE ARE NOT OFTEN PERSUADED BY EVIDENCE WHICH IS CONTRARY TO THEIR OWN VIEWS, AND THAT THEREFORE THE USE OF EXPERT TESTIMONY IN OBSCENITY TRIALS IS IRRELEVANT.
Abstract
CITED IS THE 1973 SUPREME COURT DECISION IN PARIS ADULT THEATER THAT IT WAS NOT NECESSARY TO REQUIRE 'EXPERT' AFFIRMATIVE EVIDENCE THAT MATERIALS ARE OBSCENE WHEN THE MATERIALS THEMSELVES ARE ACTUALLY PLACED IN EVIDENCE. THE CONTROVERSY SURROUNDING THIS PROPOSITION IS REVIEWED BRIEFLY AND SEVERAL U.S. CIRCUIT AND BRITISH COURT DECISIONS ARE DISCUSSED. HIGHLIGHTED IS THE 1971 BRITISH OBSCENITY TRIAL OF THE UNDERGROUND MAGAZINE 'OZ.' THREE EDITORS OF 'OZ' WERE CHARGED WITH CONSPIRING TO PRODUCE A MAGAZINE WHICH WOULD CORRUPT THE MORALS OF YOUNG CHILDREN AS WELL AS WITH THE PUBLICATION, MAILING, AND POSSESSION OF AN OBSCENE ARTICLE. IN THIS CASE, DESPITE A SCORE OF EXPERT WITNESSES FOR THE DEFENSE (AS COMPARED TO NONE FOR THE PROSECUTION), THE JURY VOTED TO CONVICT ON ALL CHARGES EXCEPT 'CONSPIRING TO CORRUPT CHILDREN.' EXAMPLES ARE ALSO GIVEN OF AMERICANS DISCOUNTING EXPERT OPINION CONCERNING THE EFFECT OF ALLEGEDLY OBSCENE MATERIALS ON READERS AND VIEWERS, SUCH AS THE GENERAL PUBLIC REJECTION OF THE CONCLUSIONS OF THE REPORT OF THE COMMISSION ON OBSCENITY AND PORNOGRAPHY THAT EXPOSURE TO EROTIC MATERIALS IS NOT A FACTOR IN THE CAUSATION OF SEX CRIMES OR SEX DELINQUENCY. THEORIES OF COMMUNICATION ARE ALSO CITED AND EXPLAINED WHICH SUPPORT THE CONTENTION THAT INDIVIDUALS TEND EITHER TO REJECT OUT OF HAND THOSE EXPERTS WHO DISAGREE WITH PREVIOUSLY HELD ATTITUDES OR TO SEEK OUT THOSE EXPERTS OR REPORTS WHICH SUPPORT PERSONAL VIEWPOINTS.