Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the "use" of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context.
This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.
In 1985 the Special Committee on Pornography and Prostitution, the Fraser Committee, recommended the criminalization of violent and degrading sexually explicit material on the ground that it harmed women. On two occasions (in 1986 with Bill C-114 and in 1987 with Bill C-54) the Mulroney government proposed a more restrictive approach to the regulation of pornography. Despite the support of various feminist and religious/family-oriented organizations, the government's attempts at law reform failed. Obscenity provisions were neither repealed nor replaced by a law criminalizing pornography. Blue Politics looks at the social and political mechanisms that initiated, shaped, and finally defeated the controversial legal proposals of the Conservative government in the 1980s. Dany Lacombe documents the emergence of a feminist definition of pornography, analyses the impact this definition had on the debate between conservative and civil libertarian organizations, and identifies the emergence of groups who strongly resisted the attempt to reform the law: feminists against censorship and sex radicals. Finally, she examines the way in which institutional practices are shaped by and yet shape the power relations between groups. The emphasis is on the way such power relations are embodied in the policy-making process. Drawing on Michel Foucault's concept of `power/knowledge,' Lacombe reveals how the process to criminalize pornography inaugurated a controversial politics that produced collective identities and transformed power relations. She shows law reform as a strategy that both constrains and enables action.
The stunning new legal thriller from the New York Times–bestselling author of The Hanging Judge, “a talent to watch” (The Washington Post). When FBI agents barge into Sidney Cranmer’s home accusing him of a heinous crime, the respected literature professor’s life becomes a nightmare. Cranmer insists the illicit material found by the agents isn’t his, but the charge against him appears airtight, and his academic specialty—the life and work of controversial author Lewis Carroll, creator of Alice’s Adventures in Wonderland—convinces investigators he’s lying. Presiding over the case against Professor Cranmer, U.S. District Judge David Norcross fears his daily confrontation with evil has made him too jaded to become a husband and father. His girlfriend, Claire Lindemann, teaches in the same department as the defendant and is convinced of his innocence. Soon, she will take matters into her own hands. Meanwhile—with his love life in turmoil and his plans for the future on hold—a personal tragedy leaves Norcross responsible for his two young nieces. Unbeknownst to him, a vengeful child predator hovers over his new family, preparing to strike. Michael Ponsor’s debut novel, The Hanging Judge, was praised by retired Supreme Court justice John Paul Stevens for reminding readers “that the judicial process is not infallible” and by Pulitzer Prize–winning author Tracy Kidder for bearing “the heft of authenticity.” The One-Eyed Judge again draws on Ponsor’s thirty years as a US district judge, offering readers an insider’s view of one of the most harrowing kinds of cases faced by the courts. Fast-paced, thrilling, and thought-provoking, this is legal fiction at its most realistic and compelling. The One-Eyed Judge is the 2nd book in the Judge Norcross Novels, but you may enjoy reading the series in any order.
By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography’s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds. In maintaining that inegalitarian pornography generates discursive effects, the book contends that law cannot simply adopt a libertarian approach to free speech. While inegalitarian pornography may not be determinative of gender inequality, it does contribute, reinforce, reflect and help maintain such unfairness. As a result, we can place reasonable gender-based regulations on inegalitarian pornography while upholding our most treasured commitments to dissident speech just as other liberal democracies with strong free speech traditions have done.
"Investigating Child Exploitation: The Internet, The Law and Forensic Science is a pioneering interdisciplinary work. This book brings together all the information that prosecutors, investigators, forensic computer analysts, information technology professionals and students need to understand and solve these complex crimes. Real-life examples help to guide the reader through the often multi-layered, technology driven field of investigating and prosecuting Internet-related child exploitation."--
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Develops a novel characterization of the pornographic as a cultural concept. This original contribution to porn studies aims to interrogate previously untheorized changes in contemporary understandings of the pornographic. Helen Hester argues that the words porn and pornographic are currently being applied to an ever-expanding range of material and that this change in language usage reflects a wider shift in perception. She suggests that we are witnessing a seemingly paradoxical move away from sex within contemporary understandings of porn, as a range of other factors come to influence the concept. Using examples from media, literature, and culture, and discussing the rise of notions such as torture porn and misery porn, Hesters argument ranges from sexually explicit German novels and British policy documents to a discussion of the differences between European and American editions of pornographic films. She concludes that four factors in particulartransgression, intensity, prurience, and authenticitycan be seen to influence the way that we think about porn.
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 d