For this assignment, assume you are a judge with the appropriate jurisdiction to decide the following case. You were raised in a very strict and sheltered household and must decide whether a particular piece of artwork is obscene. The artist has painted a series of sex scenes, including bondage, sadomasochism, bestiality, and necrophilia, interspersed with paintings of nude children at play. She states that her art has redeeming social qualities because it is a statement of the many faces of humanity. The series of paintings is being displayed in a public gallery supported by city and federal funds. The district attorney has filed for an injunction to close the show due to obscenity.
Prepare a three-page memorandum to your clerk, who will draft your opinion, detailing the following:
- Explain your ruling in the case, including the rationale for your decision.
- Determine how you will dismiss any personal bias in reaching and explaining your decision.
- Explore, as part of your dicta (non-legally binding opinion), whether you agree with the statement, “If the judicial system is not independent of political powers, and is a pawn or agent of political power, then due process is a sham and the very essence of democracy is threatened,” in the context of constitutional rights and other potential influences on your decision.
Your paper should meet the following requirements: Use the following competencies as guidelines for the required content in your paper.
- Competency 1: Dissect criminal justice ethical issues and practices.
- Competency 3: Compare different ethics systems in a criminal justice community and leadership context.
- Competency 4: Articulate how personal biases affect ethical approaches to criminal justice dilemmas.
- Competency 5: Communicate effectively in writing.
Your paper should be 3 pages in APA format according with the instructions above. Use 3 sources for references. Be sure to use in-text citations.