Revision of the Federal Criminal Code: Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, First Session, on Revision of the Federal Criminal Code, February 14, 15, 22, 27, September 6, 7, 10, 11, 12, 13, 14, 17, October 9, 11, and 25, 1979, Partea 4U.S. Government Printing Office, 1982 - 5579 pagini |
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Pagina 2933
... Subsection 1842 ( a ) defines the elements of the offense . This definition of elements is legally deficient in failing to include any requirement of scienter . The U.S. Supreme Court held in Smith v . California , 361 U.S. 147 ( 1959 ) ...
... Subsection 1842 ( a ) defines the elements of the offense . This definition of elements is legally deficient in failing to include any requirement of scienter . The U.S. Supreme Court held in Smith v . California , 361 U.S. 147 ( 1959 ) ...
Pagina 2935
... subsection ( 1842 ( a ) ( 1 ) ) should be eliminated and replaced with a standard prohibition against abusing federal jurisdiction with obscenity for any reason and by or to any person . This would preserve the scope of the present ...
... subsection ( 1842 ( a ) ( 1 ) ) should be eliminated and replaced with a standard prohibition against abusing federal jurisdiction with obscenity for any reason and by or to any person . This would preserve the scope of the present ...
Pagina 2937
... Subsection 1842 ( b ) ( 5 ) defines " obscene " in three parts , the first adapts the second part of the " Miller Test " dealing with patent offensiveness and provides specific sexual conduct . This first provision departs from the ...
... Subsection 1842 ( b ) ( 5 ) defines " obscene " in three parts , the first adapts the second part of the " Miller Test " dealing with patent offensiveness and provides specific sexual conduct . This first provision departs from the ...
Pagina 2940
... Subsection 1842 ( c ) , " Defense , " allows pornographers to use the mails and facilities of commerce into and out of those states which may not have an obscenity statute as comprehensive as the federal law , and into and out of those ...
... Subsection 1842 ( c ) , " Defense , " allows pornographers to use the mails and facilities of commerce into and out of those states which may not have an obscenity statute as comprehensive as the federal law , and into and out of those ...
Pagina 2941
... Subsection 1842 ( d ) , " Affirmative Defense , " is not much better . This provision allows for bona fide use and study of obscenity , but further allows any so - called " licensed or certified psychiatrist , psychologist , or medical ...
... Subsection 1842 ( d ) , " Affirmative Defense , " is not much better . This provision allows for bona fide use and study of obscenity , but further allows any so - called " licensed or certified psychiatrist , psychologist , or medical ...
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Termeni și expresii frecvente
alternative programs Alternatives to Prison amendment American Civil Liberties appeal Appendix to prepared April 21 Association Attorney bill Business Roundtable Chairman Citizens Commission Civil Liberties Union Commission on Human committed conviction Counsel crime Criminal Code Criminal Justice David E defense Department of Justice deterrence Director dissemination draft Drinan effective February Federal Criminal Code felony films Government Hobbs Act imprisonment insanity defense Inspector John H. F. Shattuck judge Judiciary Committee June jurisdiction Landau on behalf law enforcement Lee Coleman Legal Legislation letter Letter to Hon Memorandum ment Miller Test National obscene material obscenity Obscenity and Pornography October October 26 October 9 offense Peter Peter W porn prepared statement proposed prosecution provisions prurient interest psychiatric psychiatrists recidivism Reduce Report Robert F Rodino Senate sentence September September 14 Shattuck and David statement of John statute Subcommittee on Criminal subsection Supreme Court tion U.S. Department United Washington York
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Pagina 2939 - In determining what is obscene material, the basic guidelines for the trier of fact must be: (a) whether the "average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work as a whole, lacks serious literary, artistic, political, or scientific value.
Pagina 2923 - Vice is a monster of so frightful mien, As, to be hated, needs but to be seen; Yet seen too oft, familiar with her face, We first endure, then pity, then embrace.
Pagina 3209 - ... investigation, including reports of informants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.
Pagina 3624 - ... be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusations or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.
Pagina 3572 - Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is.
Pagina 2951 - If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
Pagina 3642 - Those who shall have been convicted, in any court of competent jurisdiction, of treason against the State, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned.