Refining Child Pornography Law

Refining Child Pornography Law

By Carissa Byrne Hessick
Book Description

The legal definition of child pornography is, at best, unclear. In part because of this ambiguity and in part because of the nature of the crime itself, the prosecution and sentencing of perpetrators, the protection of and restitution for victims, and the means for preventing repeat offenses are deeply controversial. In an effort to clarify the questions and begin to formulate answers, in this volume, experts in law, sociology, and social examine child pornography law and its consequences. Focusing on the roles of language and crime definition, the contributors present a range of views about the increasingly visible role that child pornography plays in the national conversation on child safety, as well as the wisdom of the punishment of those who produce, distribute, and possess materials which may be considered child pornography.

Table of Contents
  • Contents
  • Introduction - Carissa Byrne Hessick
  • Part I. Defining Child Pornography Crimes
    • A. Constitutional Issues
      • 1 | The Context and Content of New York v. Ferber - James Weinstein
      • 2 | Setting Definitional Limits for the Child Pornography Exception - Carissa Byrne Hessick
    • B. Consequences of the Legal Definition
      • 3 | The “Dost Test” in Child Pornography Law: “Trial by Rorschach Test” - Amy Adler
      • 4 | The Language of Child Sexual Abuse and Exploitation - Mary Graw Leary
  • Part II. Refining Child Pornography Law
    • A. The Special Case of Possession
      • 5 | Questioning the Modern Criminal Justice Focus on Child Pornography Possession - Carissa Byrne Hessick
      • 6 | The Dignitary Harm of Child Pornography—From Producers to Possessors - Audrey Rogers
      • 7 | Not Just “Kiddie Porn”: The Significant Harms from Child Pornography Possession - Paul G. Cassell, James R. Marsh, and Jeremy M. Christiansen
    • B. Child Pornography Definitions at Work
      • 8 | Challenges in Investigations and Prosecutions of Child Pornography Crimes - Wendy Walsh, Melissa Wells, and Janis Wolak
      • 9 | A Critical Evaluation of the Federal Sentencing Guidelines for Child Pornography Offenses - Troy Stabenow
      • 10 | Political and Empirical Controversies Threaten the Federal Child Pornography Guidelines - Melissa Hamilton
  • Contributors
  • Index
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