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Pornography and The Criminal Justice System





ISBN 9781482260014
Published December 3, 2014 by Routledge
290 Pages - 13 B/W Illustrations

 
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Book Description

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.

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
Obscenity
Explicit Depictions in World History
Historical Influences on the Regulation of Obscenity
U.S. History
Black Letter Laws
Miller Test
Art
Literature
Politics
Science
Sexism, Racism, Culturalism, and Speciesism
Pornography Production and the U.S. Criminal Justice System
Obscenity
Condoms
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
Fisting
Relationship Between Pornography and Trafficking
Adult Pornography and Human Trafficking
Child Pornography, Sex Trafficking, and Adult Human
Trafficking
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
Prosecution
Monitoring
Sting Operations
Police Investigation: Obscenity
Police Investigation: Child Pornography
Mandatory Reporting and Protective Responses
False Accusations
Illegal Pornography, Cyberspace, and Technology
The Dark Net
Technology
Regulating the Internet
Physical "File Sharing"
The Pornography Business and Crime
Drugs
Violence
Tax Evasion
Fraud
Family Law and Pornography
Domestic Violence and Pornography
Child Custody and Pornography
Consent to Search
Public Pornography
Public versus Private Distinctions
Libraries
Public Masturbation
Sex Films and Theaters
Live Performance
Unintended Pornography
Childhood Photos
Public Photography of Nude People
"Up-Skirt"
Photos
Hidden Cameras
Revenge Porn
Bestiality
Bestiality: Obscenity, Per Se
Bestiality: Obscenity Under Miller
Bestiality as Cruelty and Abuse
Crusher Laws
Simulations
Simulated Child Pornography
Simulated Bestiality
Simulated Violence
"Scat" and "Piss" Films
Simulated Depictions Possessed by Minors
Fantasies and Free Speech
Internet and Fantasies
Conspiracy
Punishments for Pornography
Statutes of Limitations
Federal Punishments for Obscenity
Federal Punishments for Child Pornography
State-Level
Punishments for Obscenity
Ranges for State Punishments for Child Pornography
Inmate Codes
Crooked Members of the Criminal Justice System
Officers
Judges, Prosecutors, and Public Defenders
Child Welfare
Political Leaders
Evidence
Evidentiary Standards
Chain of Custody
Child Testimony
Pornography Addiction, Retribution, and Rehabilitation
Incapacitation and Rehabilitation
Jails
Inpatient Programs
Outpatient Programs
Pedophilia
International and Comparative
Europe
Latin America
Africa
Asia
Canada and Australia
The Future
Sexting
Diagnostic and Statistical Manual of Mental Disorders
Child Pornography: Online Viewing
Georgia v. Stanley: A Brave New World
Index

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Author(s)

Biography

Carmen M. Cusack holds 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.

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Reviews

"… 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