Tuesday, September 3, 2019
Essay --
The very definition of child pornography is difficult in a legal sense. Material that classifies as child pornography is subjective to many variables that are to be considered including what defines a ââ¬Å"childâ⬠, the mode of material, and the way in which the material is used (Gillespie, 2010). The article Legal Definition of Child Pornography by Alisdair Gillespie discusses how difficult it is in this day and age to put parameters around a concise definition of child pornography. We live in a world that is technologically advanced, which makes it difficult to devise an exact explanation of child pornography because of the abilities to manipulate and create materials that may or may not actually depict a ââ¬Å"realâ⬠child. Child pornography laws are a recent concept created out of the obscenity law of the 1970ââ¬â¢s. However, these laws may need to be redefined in order to apply to our world today. Child pornography may be difficult to identify. In the 1960ââ¬â¢s, Supreme Court Justice Stewart coined the phrase ââ¬Å"I know it when I see itâ⬠, a legal phrase which is actually still used today. Although, this statement was in reference to obscene material in an adult pornography case, Jacobeellis v. Ohio, Justice Stewart explained that not all issues can be definitively defined, but there are some issues that do not require a specific definition in order to know what actions the law should be taking (Gillespie, 2010). The Internet poses great challenges to the law because of global involvement. Communication and distribution across boarders has made it impossible for a consistent definition of child pornography, which creates a weak foundation in combating this heinous crime. Gillespie addresses identifying factors that define what child pornography i... ...oses? This is the difficulty for law enforcement and as such, some offenders may fall through the cracks of justice. Gillespie has presented a very interesting analysis on defining child pornography. The article appears strong and I believe he has raised fervent arguments about the complexity of putting parameters around the definition of child pornography. He discussed three important variables in identifying child pornography and the problems that are associated with them. I did not find this article to exhibit any points of weakness, possibly because most of the evidence presented was insightful. Gillespieââ¬â¢s article helped me to acknowledge the tremendous difficulty law enforcement personnel have when it comes to defining child pornography. There is a fine line between what is legal and what it not and the complexities of this issue will continue in the future.
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