Author Question: The Supreme Court in New York v. Ferber held that states are granted more leeway in the regulation ... (Read 27 times)

nautica902 · **on:** Aug 25, 2018

The Supreme Court in New York v. Ferber held that states are granted more leeway in the regulation of pornographic depictions of children than in the regulation of obscenity because the use of children as subjects of pornographic materials is harmful

to the physiological, emotional, and mental health of the child. Indicate whether the statement is true or false

Question 2

What are the Fifth Amendment issues regarding defense reciprocal discovery obligations?

What will be an ideal response?

heinisk01 · **Reply #1 on:** Aug 25, 2018

Answer to Question 1

TRUE

Answer to Question 2

Good answers should discuss that the Fifth Amendment is not violated when the defense is forced to provide the prosecution, in advance of trial, any of the following: (1 ) an alibi or other affirmative defense that will be raised at trial; (2 ) notice of witnesses who are to testify, including their statements; or (3 ) real or documentary evidence concerning the crime in question. But there is a Fifth Amendment violation when the defense is compelled to (1 ) notify the prosecution as to whether the defendant intends to
testify; (2 ) identify witnesses who will not testify at trial; or (3 ) disclose evidence that will not be introduced at trial.