CCP 11-16-1995 - Laserfiche WebLink

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I z7/fN I . To be sure, prosecutors face a number of hazards in prosecuting obscenity. They ~ include inadequate training in this specialized area of law, attempts by defense - attorneys to remove jurors who find pornography offensive, the offering into evidence of I pOlis and surveys through expert testimony to prove tolerant community standards, efforts to guide jurors with jury instructions favorable to the defense, and I discouragement with unsuccessful prosecutions. But the hazards can be overcome. Alan E. Sears, former executive director of the I U.S. Attorney General's Commission on Pornography has stated: I Prosecutors can successfully obtain obscenity convictions in virtually any jurisdiction in the United States. In order to obtain a conviction, it is incumbent upon a prosecutor to-prepare well, know the law, not fall into the I "one case syndrome" trap, obtain a representative jury through proper voir dire, keep the focus of the trial on the unlawful conduct of the defendant, and obtain legally sound instructions. . Sears, "How To Lose A Pornography Case," The CDL Reporter (n.d.). Ie The Working Group heard testimony from prosecutors who have pursued obscenity cases nationally regarding effective ways to prosecute obscenity cases. I Materials can be bought or rented, rather than seized under warrant. In the absence of survey data, community standards can be left to the wisdom of the jury. In that case, I experts should be prepared to. testify if the defense attempts to make a statistical case that the material is not obscene. Prosecution of obscenity is also likely to be most I effective if initial prosecutions focus on materials which are patently offensive to the community, such as those involving children, violence or beastiality. I The experience of other cities has demonstrated that vigorous and sustained enforcement of obscenity statutes can sharply reduce or virtually eliminate sexually . oriented businesses. Cincinnati, Omaha, Atlanta, Charlotte, Indianapolis and Fort Lauderdale were cited to the Working Group as exarnples of cities which have I I I~ -23- I