Criminal Law

Criminal Law

Obscenity

In Roth vs . United States (1957 , the Supreme Court held that a material is obscene if it deals with sex in a manner appealing to prurient interest that such material has the tendency to arouse lustful thoughts and ideas . The case of Butler vs . Michigan , decided in the same year as Roth , considered as obscene a material which tends to provoke immoral or corrupt acts . However , in 1985 , the case of Brockett vs Spokane Arcades , citing Miller , gave a different standard for determining whether or not a material

is obscene . According to the case an obscene material is that which the average person , applying contemporary community standards , would find , when considered as a whole , `appeals to the prurient interest

I believe that the latter definition is a more workable definition . A material cannot simply be considered as obscene simply because it has the tendency to arouse lustful thoughts . The case of Brockett , gives a better standard in determining whether or not obscenity is present because it does not only limit its examination as to the material itself but it also gives due regard to the person who is given the material and the community standards prevailing at the time

False pretenses and Larceny by trick

Larceny by trick is the taking , by means of trickery or some scheme , of property belonging to another coupled with the intention to deprive its rightful owner of its possession . False pretenses results when the offender succeeds in causing the rightful owner to give up their possession of his property by means of deception . Although both offenses involve deceit , they are different in the sense that in the former , the owner just gives up possession while the latter offense usually involves a transfer of title or deed ( Theft Law Civil trespass and Criminal Trespass

Trespass is committed by entering upon another 's property or land without the consent or permission of the rightful owner or possessor Whether or not the trespasser is liable for civil trespass or criminal trespass highly depends on what law he is being prosecuted under . In criminal trespass , authorities are involved in the prosecution while in civil trespass law enforcement agencies are not involved and the individual property owner must a lawsuit against a trespasser at his or her own expense (Bloom , 2000

Criminal Justice System 's approach to traffic offenses

I am in favor of the criminal justice system 's approach to traffic offenses considering the way it deals with traffic violators . Although I do believe that enforcement of traffic rules gives police officers a negative image , I am still of the opinion that they are not overstepping their authorities when they pull over vehicles for minor infractions These infractions , no matter how slight it may be , are still considered as infractions under the law . For as long as one has violated a traffic law , then the police officer is duty-bound to apprehend the offender . I believe that the criminal justice system is an effective tool in ensuring the general welfare of the community against the hazards brought by irresponsible drivers . Although the owners and drivers and vehicles have corresponding rights , I do believe that the interests of the public in general should still be the paramount consideration

REFERENCE

Roth vs . United States , 354 U .S . 476 (1957

Butler vs . Michigan , 352 U .S . 380 (1957

Brockett vs . Spokane Arcades Inc , 472 U .S . 491 (1985

Bloom , Clifford (2000 . Trespass . Retrieved from :Theft Law . Retrieved from : PAGE

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