RECOMMENDATION 16

Part: 
Three
Chapter: 
2

The Department of Justice should continue to provide the United States Attorneys with training programs on legal and procedural matters related to obscenity cases and also should make such training available to state and local prosecutors

The preparation for trial of an obscenity case involves complex legal and procedural issues. An inexperienced prosecutor may often encounter an experienced defense counsel who specializes in obscenity law and travels throughout the country defending these cases. Defenses and issues which are raised in each case are likely to be similar in prosecutions throughout the country. Trial and appellate case law developed in state and federal cases are very similar. Poorly developed case law developed on the state level can have adverse effects on federal prosecutions and vice versa.

Training programs offered by the Department of justice that prepare attorneys to address these issues will enable federal prosecutors to be more knowledgeable and effective. They would be of similar value to state and local prosecutors if made available to them. These programs should include a familiarization with defense tactics which may include personal attacks or harassment or law suits against prosecutors and investigators.