Pornography and The Criminal Justice System: 1st Edition (Paperback) book cover

Pornography and The Criminal Justice System

1st Edition

By Carmen M. Cusack

CRC Press

290 pages | 13 B/W Illus.

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Paperback: 9781482260014
pub: 2014-12-03
Hardback: 9781138415744
pub: 2017-07-27
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pub: 2017-07-27
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This volume assembles hundreds of cases and studies to provide the most accurate and comprehensive picture of the status of pornography in the criminal justice system. Presenting high-level research in an accessible and organized manner, it explores a range of topics, including investigating and prosecuting a case, arguments favoring and opposing decriminalization of pornography, and relationships between pornography, mental disorders, and crime. It also examines criminal justice responses and international laws, policies, attitudes, and definitions of pornography in comparison to those of the United States.


"… an exceptionally comprehensive survey of many different dimensions of pornography. … the author identifies various court rulings, case outcomes, and such matters as police investigations, federal and state punishments, criminal justice personnel as perpetrators, and evidentiary standards on the topic. Altogether, this book provides a starting point for more in-depth exploration of various aspects of pornography. References are quite extensive and useful. Summing Up: Highly recommended. Upper-division undergraduates and above."

—D. O. Friedrichs, University of Scranton

Table of Contents

Philosophical and Jurisprudential Underpinnings

Nudity, Morality, and Pornography

Feminism and Pornography

Normal Sexuality

Harm Principle

Pornography in the U.S. Criminal Justice System

Defining Pornography

First Amendment

Black Letter Laws


Explicit Depictions in World History

Historical Influences on the Regulation of Obscenity

U.S. History

Black Letter Laws

Miller Test





Sexism, Racism, Culturalism, and Speciesism

Pornography Production and the U.S. Criminal Justice System



Producers, Distributors, and Performers

International Production and Distribution

Children, Pornography, and the Law

Societal Constructions of Childhood Sexuality

Child Pornography: Black Letter

Art and Other Material Approaching the Bright Line

Retribution, SORNA

Victims’ Rights, Remedies, and Compensation

Children Producing, Viewing, and Possessing Pornography:

Black Letter

Pornography and Viewers’ Crime

Fetishistic Masturbation, Pornography, and Crime

Relationships Between Kinds of Pornography

Depiction of Crime in Pornography

Bondage and Sadomasochism


Relationship Between Pornography and Trafficking

Adult Pornography and Human Trafficking

Child Pornography, Sex Trafficking, and Adult Human


Localized Child Sex Trafficking

Commonalities and Comorbidities Within Child Pornography

Child Pornographers

Child Pornography and Molestation

Child Pornography: Age, Race, and Gender

Nonviolent Sex Crimes and Child Pornography

Violent Crimes and Child Pornography

Offenders as Victims



Sting Operations

Police Investigation: Obscenity

Police Investigation: Child Pornography

Mandatory Reporting and Protective Responses

False Accusations

Illegal Pornography, Cyberspace, and Technology

The Dark Net


Regulating the Internet

Physical "File Sharing"

The Pornography Business and Crime



Tax Evasion


Family Law and Pornography

Domestic Violence and Pornography

Child Custody and Pornography

Consent to Search

Public Pornography

Public versus Private Distinctions


Public Masturbation

Sex Films and Theaters

Live Performance

Unintended Pornography

Childhood Photos

Public Photography of Nude People



Hidden Cameras

Revenge Porn


Bestiality: Obscenity, Per Se

Bestiality: Obscenity Under Miller

Bestiality as Cruelty and Abuse

Crusher Laws


Simulated Child Pornography

Simulated Bestiality

Simulated Violence

"Scat" and "Piss" Films

Simulated Depictions Possessed by Minors

Fantasies and Free Speech

Internet and Fantasies


Punishments for Pornography

Statutes of Limitations

Federal Punishments for Obscenity

Federal Punishments for Child Pornography


Punishments for Obscenity

Ranges for State Punishments for Child Pornography

Inmate Codes

Crooked Members of the Criminal Justice System


Judges, Prosecutors, and Public Defenders

Child Welfare

Political Leaders


Evidentiary Standards

Chain of Custody

Child Testimony

Pornography Addiction, Retribution, and Rehabilitation

Incapacitation and Rehabilitation


Inpatient Programs

Outpatient Programs


International and Comparative


Latin America



Canada and Australia

The Future


Diagnostic and Statistical Manual of Mental Disorders

Child Pornography: Online Viewing

Georgia v. Stanley: A Brave New World


About the Author

Carmen M. Cusackholds a BA cum laude from Florida International University (FIU), a JD from FIU, and a PhD in criminal justice specializing in behavioral science from Nova Southeastern University. She has taught criminal justice at universities throughout Florida and Alaska. Her forthcoming publication is entitled Animals and Criminal Justice (Transaction Publishers, 2015). She is the editor of Journal of Law and Social Deviance and serves as an editor for The Qualitative Report and Journal of Men’s Studies. She has published several research articles relevant to Pornography and the Criminal Justice System.

Subject Categories

BISAC Subject Codes/Headings:
LAW / Criminal Law / General
LAW / Forensic Science