The client admits to have viewed the illegal content, is he still at fall?

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Making a case study project in government class, and we are defending a case involving childpornography, we have to prove he is innocent, we are attempting to interpret California law, it states prosecution is granted for distribution, possession, and manufacture all the client did was view.

Attorney Answers

6
Ben Rothman ·
Saying sorry doesn't make it better. Speaking of admitting to wrongdoing, I'm sure your teach would get out the ruler if she knew you were asking questions on .
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Kevin Riechelson ·
Generally, you have to have possession in order to view it. Probably can be prosecuted unless he viewed in by mistake and can prove it.
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Tate Lounsbery ·
I don't know how much you've received from your teacher by way of resources. Here's a link to the statute: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=311-312.7 Here's a link to the jury instructions, under item "C" (what the prosecutors must prove): https://www.justia.com/criminal/docs/calcrim/1000/ Here's a link to Google Scholar, where you can look up what judges have said about crimes in previous cases: https://scholar.google.com/ That should be all you need. Good luck!
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Jay Finnecy ·
Sounds like you've identified your defense. Do your own homework.
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Joseph Dane 243529.Html ·
But in order to view, he would necessarily have to possess, would he not? You have to look beyond the "all he did" mentality when assessing criminal liability. The question then becomes whether or not they could prove the case if there is no actual evidence of possession aside from the defendant's statement admitting to viewing. That is the "corpus rule" (from corpus delecti)
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