III. Extreme Pornography Moving on to the next part of the case, the police finds out that Adam's sister, Eve, has images of bestiality and necrophilia saved on her computer. Both bestiality and necrophilia fall under the category of extreme pornography. Extreme pornography usually refer to any sexual representations that entail violence and are only published for sexual arousal. The Criminal Justice and Immigration Act (CJIA) 2008 strictly forbids the possession of any kind of images deemed to be pornographic and/or extreme. Subsection (6) and (7) describes in detail the description of extreme representations; having "sexual intercourse or oral sex with animal" and having "sexual interference with human corpse" are both stated on the section 63(7) of the CJIA. In addition, any act that "threatens a person's life, ... which results..., in serious injury to a person's anus, breasts, or genitals, ... or is grossly offensive..." are also regulated under the same law. Subsection (8) states that possessing not only hard copies of the images but also computer-stored data is subject to being prosecuted. Thus, the image files Eve had of bestiality and necrophilia on her computer are illegal under CJIA s.63(1). The convict can be punished with two years of imprisonment if faced with these charges. To add on more information about necrophilia and bestiality, the SOA 2003 also includes sections about them. According to the SOA s. 7(1), if a person penetrates a dead body, he or she is found guilty of committing a criminal offence. Performing an intercourse with an animal as well is considered an offence under s. 69 of the SOA. In addition, bestiality entails moral issues as animals cannot give consent about what can or cannot be done to the... ... middle of paper ... ...CA does not take the intentions of the publisher into account. Therefore, it is difficult to distinguish the boundaries or art, literacy, or any other subjective categories along the same line. The defences in the 1978 Act only supports the use of obscene material that are solely for legitimate reasons such as medical and scientific research. In brief, the 'legitimate reason' in the PCA is defined more narrowly than how it is under the OPA. Therefore, as stated before, even though both the cases of Beth and Eve can bring up the public good defence as their means to be exonerated, they are not necessary the same. While Eve is protected under the OPA public good defence which provides bigger range of defence which can have power as long as the act does not involve children, Beth can be protected under the PCA because she is using the photographs for medical reasons.
According to s. 163 of the criminal code obscenity is the “undue exposition of sex or sex that includes crime, horror, cruelty and violence”. In the trial court, the judge concluded that by interpreting s. 163 and its definition of obscenity, it violated our s. 2(b) right of freedom of expression guaranteed in Charter of Rights and Freedoms. The trial judge believed that we must hold the Charter paramount if any law contradicts it, and this doesn’t necessarily mean we have to strike down the contradicting law. Therefore Butler was acquitted of his 242 counts under s. 163 of the criminal code. In regards to the remaining 8 charges, they were related to 8 films, which contained material that was legitimately prescribed under s.1 of the Charter (the justification for the violation in the Charter was demonstrably justifiable).
In the course of the basement search, police found a trunk containing ?lewd and lascivious? books and pictures. As a result, Mapp was arrested for violating an Ohio law prohibiting the possession of obscene materials. The Cuyahoga County Common Please Court found her guilty of the violation based on the evidence presented by the police. When Mapp?s attorney questioned the officers about the alleged warrant and asked for it to be produced, the police were unable or unwilling to do so. Nonetheless, Mapp was found guilty and sentenced to 1 to 7 years in the Ohio Women?s Reformatory.
In 1973, Marvin Miller, operator of one of the West Coast's largest mail-order businesses dealing in sexually explicit material, had conducted a mass mailing campaign to advertise the sale of illustrated books, which was known as “adult material”. He was found guilty based on the fact that he violated California’s pena...
In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).
... to the husband. Yet the reader is presented with woman Wang, who ran away with another man from her husband, Jen. Some of the reasons of her departure could have been neglect from her husband, that she had bound feet and that she had no children. Her actions contradicted any moral wife at that time. After relentless pursuit of happiness woman Wang returned home, there she met her death. The Legal Code justified certain parameters of vengeance on behave of the husband toward his adulterous wife. Nevertheless, Jen was not allowed by the law to simply slaughter his wife. Moreover Jen accused an innocent Kao, for which Jen could have been sentenced to death. Were woman Wang's actions right is for the reader to decide.
In To Kill a Mockingbird by Harper Lee, Atticus Finch says, "Shoot all the bluejays you want, if you can hit em', but remember it's a sin To Kill a Mockingbird." This quote demonstrates Atticus's firm belioef in the Golden Rule. The Golden Rule is to treat others how you want to be treated. Atticus follows the Golden Rule throughout the novel, including while defending Tom Robinson, a local African American accused of raping Mayella Ewell. Due to Atticus's firm belief in the Golden Rule and the fact he must live with himself before others and tries to teach his children the right thing to do, it makes sense for him to defend Tom Robinson.
Pornography Under The Federal Sentencing Guidelines In The United States. Law & Contemporary Problems, 76(1), 27-52.
27 Baird, Robert M. and Stuart E Rosenbaum. Pornography - Private Right or Public Menace Pg. 52
Such was the case of Ohio high school student, Jesse Logan, who sent nude photos to her boyfriend who then sent them to other students who harassed her until she committed suicide.2 Currently, there are laws in place against minors sexting and sexting to minors and they fall under the child pornography category. While the laws are intended to protect minors from sexual predators, what most minors do not understand is that they are subject to them as well. This means that, if fifteen-year-old Timmy decides to sext his fifteen-year-old girlfriend, Sarah, a naked picture of himself, both Timmy and Sarah could be tried in court on charges of disseminating child pornography and possessing child pornography. These serious charges can result in having to register as a sex offender for several years, although the message may have been sent and received consensually by both parties. This was the case for an 18-year-old Iowa boy who sent a nude picture of himself to a fourteen-year-old girl after she asked him repeatedly to do so.
On to the question at hand, the Child Pornography Act (CPPA) of 1996 was written to protect children from sexual exploitatio...
During the 1950's there was a social movement against the pornography industry in Canada. Religious and Feminist groups were concerned about the harmful effects regarding the danger and degradation of women. The opposition to this movement was that pornography was a freedom of expression and sexual orientation. This brought about many political debates and controversies about what is ethically right and what is a personal freedom. This created many problems for the Canadian government on how to legislate pornography and up hold the Common Rights of Canada.
Feinberg, Joel. "Obscenity as Pornography." Philosophical Problems in the Law. . Reprint. Boston: Clark Baxter, 2013. Print.
Crespi, T, Segool, N 2013, ‘Sexting at Sixteen: Reflections on Legal and Professional Issues’, The Online Journal of Counseling and Education, vol 4, no.2, retrieved May 14th 2014
Therefore, the role of pornography can be viewed as a serious encouragement of rape. The report (Diana R. 1993) indicated that: 86 percent of convicted rapists confessed to regular use of pornography.4 It is not just that, there is a rapist interviewed by Beneke Timothy (‘Men on rape’ 1999): “I
Bestiality, the use of an animal for sexual needs and desires has long been seen as unthinkable in modern society, but the act has been controversial for centuries. Bestiality, also known as buggery, was considered unnatural sex, along with homosexual relations, coitus interruptus, many other positions and sexual acts. In western Christian tradition, bestiality was seen as a direct insult to the hierarchy that was set forth by God for his creations and was incorporated into the medieval canon law. The crime of bestiality also made its way into written law through secular legislature in western Europe, and was made a capital crime in Sweden in the provincial laws of the late thirteenth and fourteenth centuries and was added to the national law codex of 1422 (Liliequist 57-58).