What would you do?

ic14 · 13-02-2004, 16:34

OK this will be a weird post and im not sure if this is the right area.

Anyway what would you do if you were a judge for this case:
A manager of a comic book store was charged with two counts of obscenity for selling adult comic books to adults in 2000.

Now it does say adult to adult. Not too kids.
So would you throw the case out of court or fine him?

Ill post the result of the real case after theres being a few posts here.

**Russ** · 13-02-2004, 16:36

Quote:

Originally Posted by ic14

OK this will be a weird post and im not sure if this is the right area.

Anyway what would you do if you were a judge for this case:
A manager of a comic book store was charged with two counts of obscenity for selling adult comic books to adults in 2000.

Now it does say adult to adult. Not too kids.
So would you throw the case out of court or fine him?

Ill post the result of the real case after theres being a few posts here.

As you've said you've not posted the full facts it would be a little difficult to give a reasoned opinion....

philip.j.fry · 13-02-2004, 16:55

I guess if he got fined, then that must mean that he didn't have the requisite license for the selling of adult material. So on first looks, yes he should be fined because he broke the law. My opinions on whether people should have to gain a license to sell adult matter to adults are a very different matter, I'm not sure if that's what you are getting at?

paulyoung666 · 13-02-2004, 16:58

Quote:

Originally Posted by philip.j.fry

I guess if he got fined, then that must mean that he didn't have the requisite license for the selling of adult material. So on first looks, yes he should be fined because he broke the law. My opinions on whether people should have to gain a license to sell adult matter to adults are a very different matter, I'm not sure if that's what you are getting at?

i think you have covered it there , come on spill the beans ic14

danielf · 13-02-2004, 17:19

If it is this this you're talking about, I do find it rather odd...

ic14 · 13-02-2004, 17:39

Quote:

Originally Posted by danielf

If it is this this you're talking about, I do find it rather odd...

Some good googling there! That is indeed what i was talking about.

I would understand the charge if he sold the comic to a minor but the person he sold it to was an adult.

13-02-2004, 17:44

If the link danielf posted is the story you're talking about, this is utterly ludicrous!

This mentality that "comics are for kids" is beyond belief, obviously they also think that cartoons are for kids as well, but they've never read Manga or watched Anime to realise just how ridiculous that idea is.

The fact that the Supreme Court allowed this judgement to stand is extremely disappointing because it goes totally in the face of the First Amendment and seems to indicate an increasingly puritanical outlook from those who are supposed to be above such things

Moox · 13-02-2004, 17:51

Iwas just about to post "let's ask Graham" It's nice to have the "expert's opinion"

But he beat me to it

Flubflow · 13-02-2004, 18:09

Quote:

Originally Posted by Graham

If the link danielf posted is the story you're talking about, this is utterly ludicrous!

This mentality that "comics are for kids" is beyond belief, obviously they also think that cartoons are for kids as well, but they've never read Manga or watched Anime to realise just how ridiculous that idea is.

The fact that the Supreme Court allowed this judgement to stand is extremely disappointing because it goes totally in the face of the First Amendment and seems to indicate an increasingly puritanical outlook from those who are supposed to be above such things

If their constitution was so good then why did it need so many amendments. Perhaps it is still a bit broken and is in need of a few more.

Sociable · 13-02-2004, 19:31

In fairness one has to make a distinction between the criminal appeals procedure and the role of The Supreme Court.

The Court usually only hears cases that would have a bearing on the Law itself not whether or not an individual was actually guilty of breaking a lawful law.

In this case no such issue existed as the challenge would have to have been made on the basis of the law being wrong not that this person was not guilty as these are two distinct issues.

From the limited information given (and remember this is the version from the defence) it would appear the conviction was unsafe but nothing in the detail indicates the law being used was itself at fault.

The equivalent situation here is that criminal appeals end at the Court of Appeal even though this sits one level down from our own Supreme Court which is the House of Lords.

It is arguable that had this same case been taken through the UK courts the Court of Appeal may well have found the original conviction to be unsafe and probably ordered a new trial. If, however, they upheld the original conviction, that would be an end of it.

If instead the issue is about whether the original law was itself wrong a case may be subject to an appeal to the Law Lords but as with the US this only happens very rarely especially in criminal cases.