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Another sentance thrown out...

Ohio Obscenity Laws Crime

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#1 Rov Judicata

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Posted 02 June 2003 - 03:23 AM

Yes, you read that subtitle correctly.



Because jurors who convicted Jennifer Dute last year of pandering obscenity didn't get to see similar porn videos declared not obscene, her conviction and one-year prison sentence were thrown out Friday by a divided Ohio appeals court panel.
"Debate (over obscenity) is good. I just don't believe that debate should take place in a courtroom where somebody's liberty is at stake," Lou Sirkin, Dute's attorney, said Friday.

Dute, 33, was convicted of four counts of pandering obscenity by a Hamilton County jury last year that reached its decision after watching four of the home-made porn videos Dute made and starred in.

To determine the validity of this decision, I'm going to have to do some research. I'll be in the back room behind the curtains if anybody needs me...
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#2 Godeskian


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Posted 02 June 2003 - 03:25 AM


ok Rov, that is truly bizarre

they didn't watch enough porn so they couldn't render effective judgement.

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#3 Delvo

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Posted 02 June 2003 - 03:40 AM

Keep in mind that it wasn't just because "they don't watch enough porn". It was because they didn't see particular other videos that had already been declared not obscene (setting legal precedent, because we don't want to treat people differently for the same act), and which are said to be essentially the same as what Dute had done. If it had been the former, then that should have been brought up in jury selection or not at all. But in the latter case, which is what we have here, it's a simple matter of evidence that could have helped the defendant's case not having been presented in trial when it should have been.

#4 Bad Wolf

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Posted 02 June 2003 - 05:56 AM

I take it that the defense attempted to introduce these "comparative" films into evidence and the court said no.
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#5 AnneZo

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Posted 03 June 2003 - 07:33 AM

^ You'll have to wait for an answer to that, Lil.

Rov's off...researching things.  

Heh. Heh.   :eek2:

#6 Rhea


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Posted 03 June 2003 - 08:22 AM

Una Salus Lillius, on Jun 1 2003, 12:00 PM, said:

I take it that the defense attempted to introduce these "comparative" films into evidence and the court said no.
Yup. Got it in one.

And it was overturned in the appeals court. Apparently one needs a standard of comparison. :p :p You know "this one's just smutty, not porn," and "this one, OTOH, is both smutty ANd porn." There'll be a test.  :hehe:

I guess we'll ask Rovvie when he comes out from behind the curtain.
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#7 Bad Wolf

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Posted 03 June 2003 - 09:26 AM


Well um, I don't know this area of law at all.  I guess my next question is whether or not, in this kind of case, the court is required to permit the jury to compare and contrast.

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#8 G1223


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Posted 03 June 2003 - 10:06 AM

This is Ohio where they had to be sued by Larry Flynt for violating his freedom of speech. Thye never learn but hell maybe after they loose some more money enough folks will get a clue. But i doudt it.
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