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slotlover -> RE: Federal Conviction for Hardcore Porn Producer (10/25/2008 7:10:55 AM)
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Thanks for posting the link HungryTiger. I am a lawyer of many years experience and wanted to suggest to the readers here several things. The most important lesson here is that the jury did not do it's job: Three jurors told the defense they did not want to convict, but voted to anyway. Because they couldn't fade the heat for a few hours, they condemned a fellow citizen to years in prison, loss of property, ruin. All they had to do was hold out and deadlock that jury. What wimps. This why we have the right of jury trial in criminal cases people; it's a final check on the power of government officials, and you must be ready to exercise that power, that final veto, if you serve as a juror. Don't let them confuse and confound you with the law if you know the verdict is not justice.
That said, I'd point out to others that the federal obscenity statutes are quite old and very vague and literally could be used to put any porn maker, seller, trader, etc. in prison. they're antiquated holdovers from a by-gone era. But they're still on the books and they're used selectively by certain federal prosecutors in certain federal districts to shut down anyone they please. This kind of prosecution is one of many over the years. It's nothing new, but it IS high time to get the laws changed. Good luck with that, since the headlines will scream you want to "legalize obscenity." What's obscene to one person is arousing to another, and I take issue with the idiot who said that max hardcore's humiliation stuff is meant to be offensive: Humiliation play is not offensive to those that like it, moron. And plenty of us do.
Regarding assaults, always remember that there is no an assault if it was consented to. This is why they can beat each other up in various sports. Some states, like mine, refuse to allow you to consent to 'serious bodily injury,' --which has a slippery defnition--so you cannot consent to broken bones i suppose, but you'll notice that happens all the time in professional sports. In my opinion there is a double standard applied to ordinary citizens and professional sports players that you cannot reconcile and the law does not condone. It's just that we the people allow our prosecutors, judges, and police to do it.
Lastly, the bdsm crowd needs to know that there is certain legal risk to their fun. I've seen consensual bdsm used offensively in family law court to portray one or the other party as a vile abuser, when it shouldn't matter because again, it was consented to. I've seen criminal prosecutions use consensual bdsm activities to get convictions for domestic abuse. The majority of people out there do not and never will understand bdsm and as a result, you got to be careful. Whenever I tape anything, I make my subject state on the tape she likes and wants and consents to what i'm doing to her.
And please, if you ever sit on a jury, remember your role and your power to return an acquittal under any circumstances without having to explain yourself!
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