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Commentaries on Handley's Sentencing for Obscene Manga


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ikillchicken



Joined: 12 Feb 2007
Posts: 7272
Location: Vancouver
PostPosted: Fri Feb 26, 2010 2:50 am Reply with quote
mrsatan wrote:
ikillchicken wrote:
but I also just want to point out that you don't seem to have read your own link. Obama said he did not agree with a blanket ban on the death penalty no matter the circumstances for actual child molestation

I'll admit it's a little off-topic, but it's exactly what I said. He allows for the death penalty for a criminal that didn't take a life, all to appease the "for the children" Soccer Mom crowd. I'm a strong supporter of the death penalty, yet this bothers even me.


Huh? They didn't kill anybody? Oh gosh, I totally didn't realize. And here I was thinking that...LMAO, this is such a hilarious misunderstanding. Here I was thinking these guys deserve to die...heh...and it turns out...heh heh...all they did was rape small children! Ha ha ha! Boy I'm glad you corrected me on this. My face sure would be red if I had claimed.... (Ha! Its so ridiculous I can't stop laughing) If I had claimed that maybe...just maybe...some people who molest small children might deserve the death penalty in some cases. LOL! Yeah...clearly Obama is just plain nuts. I mean the death penalty for people who only molested kids. He so crazy.

As just a tiny point of clarification though, you said he wanted the death penalty for pedophilia. Pedophilia is what this case is in the worst case scenario. It's actually ever so slightly different from child molestation which is what he actually was referring to. (The difference is that a child is raped).
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GATSU



Joined: 03 Jan 2002
Posts: 15358
PostPosted: Fri Feb 26, 2010 3:02 am Reply with quote
I guess there are some things that are even too hot for the French. Rolling Eyes
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Fri Feb 26, 2010 3:34 am Reply with quote
^ The problem is that it's legally inconsistent and illogical IF you say: death penalty for all child molesters, BUT keep all other laws the same.

First, molestation is not rape. And not even rapists get the death penalty.

Second, so: death to the criminal who molests someone before his/her 18th birthday, but just a couiple years in jail to the criminal who molests someone 18 and up?

And mrsatan is right about "taking a life" being required for the death penalty:

"Capital punishment in the United States varies by jurisdiction and is applied rarely: in practice only for aggravated murder and even more rarely for felony murder or contract killing."

"The 1977 Coker v. Georgia decision barred the death penalty for rape, and, by implication, for any offense other than murder."
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ikillchicken



Joined: 12 Feb 2007
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Location: Vancouver
PostPosted: Fri Feb 26, 2010 4:42 am Reply with quote
I fail to see how any of that is relevant to how either Obama or I think things should be.

configspace wrote:
^ The problem is that it's legally inconsistent and illogical IF you say: death penalty for all child molesters, BUT keep all other laws the same.


Again with the lack of reading...Nobody is saying 'all'.

Quote:
First, molestation is not rape. And not even rapists get the death penalty.


Well arguably, child molestation is even worse than rape. Although I'd certainly support the death penalty in both cases at least in the case of serial offenders or the absolute worst cases.

As a side note though, I still fail to see how any of this is relevant to this thread. It's an issue of actual child molesters. As people in this thread have made abundantly clear, Handley is no such thing.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Fri Feb 26, 2010 5:43 am Reply with quote
ikillchicken wrote:
I fail to see how any of that is relevant to how either Obama or I think things should be.

configspace wrote:
^ The problem is that it's legally inconsistent and illogical IF you say: death penalty for all child molesters, BUT keep all other laws the same.


Again with the lack of reading...Nobody is saying 'all'.

"some" would still just as problematic with the current legal reasoning. As you've seem indicated support for, you'd have to make the punishment for everything else more harsh to have some rational justification. Even then it's not so simple, because if you want to argue for capital punishment for child molesters in some cases, but not for molesters in general (to be clear, an example of molestation would be grabbing a girl's breasts without permission), then what's the cut off age? Is it 18? How do you justify death for a molester who's victim is 17 yrs old vs a few years in prison (or 10, 20 years, or even life) if his victim is 18? Life vs death -- that's a huge difference that only *one day* makes. In jurisprudence and philosophical terms, you really get into a whole series of hard questions.

Quote:
As a side note though, I still fail to see how any of this is relevant to this thread. It's an issue of actual child molesters. As people in this thread have made abundantly clear, Handley is no such thing.

Lol, well, yeah, his case an entirely different matter and I'm just responding to your response on it. But I do see some relevance. If I understand correctly, this was brought up as an example of knee-jerk "protect the children" type of legislation in general, the kind that's easy to justify emotionally, harder to justify rationally. Anyways, this is not really a good comparison so I think we should just drop it.
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leafy sea dragon



Joined: 27 Oct 2009
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PostPosted: Fri Feb 26, 2010 6:15 am Reply with quote
I would say that both the painting of Cupid and the "Lost Girls" comic would be just fine, legally speaking, as they both carry artistic merit. That painting of Cupid is fine art. You'd be hard-pressed to find anyone who would not consider that as art. "Lost Girls" exists clearly to send a message, thus also giving it artistic merit.

The only people who would try to call those works as evil smut would be the Sheila Broflovski type super-concerned middle-aged parents who want to keep their children innocent and pure. Personally, I think they're causing huge societal harm to American culture, but that's a different topic.

It's too bad we don't ever get to know which manga it was that customs found, but I would think that few manga would be totally devoid of artistic merit. For it to have none at all, it would have to have no story and get to the underage sex. I don't think Handley got this because it was pornography anyway--considering the vast amount of manga he has, it was probably to fill a gap in his collection.
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The Ramblin' Wreck



Joined: 07 Apr 2003
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PostPosted: Fri Feb 26, 2010 8:47 am Reply with quote
Ah, the delicious outrage of the ANN Forum crack Legal team.

The great Negima purges begin immediately! You there, with your Full Metal Panic Fumoffu slash, hands in the air!
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Takeyo



Joined: 25 Mar 2008
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PostPosted: Fri Feb 26, 2010 10:16 am Reply with quote
leafy sea dragon wrote:
It's too bad we don't ever get to know which manga it was that customs found [. . .]


No, that info was released a couple of weeks back. ANN news item.
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ikillchicken



Joined: 12 Feb 2007
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PostPosted: Fri Feb 26, 2010 10:20 am Reply with quote
configspace wrote:
"some" would still just as problematic with the current legal reasoning. As you've seem indicated support for, you'd have to make the punishment for everything else more harsh to have some rational justification.


Not a bad idea in some cases. I fail to see why this increase must apply to everything though. The way things are now is irrational. Punishment for sex crimes are way overdue for an overhaul.

Quote:
Even then it's not so simple, because if you want to argue for capital punishment for child molesters in some cases, but not for molesters in general (to be clear, an example of molestation would be grabbing a girl's breasts without permission), then what's the cut off age?


I'm not arguing that. As I said before, I'd support it for all sex criminals in certain cases. Besides, you're creating the illusion of a problem here where none exists. You're tossing everything under certain blanket terms like molestation and then acting as if by condemning the worst we're also condemning relatively minor crimes like the one you mention. Obviously though there are numerous different and escalating classifications of sex crimes depending on the situation.

Quote:
In jurisprudence and philosophical terms, you really get into a whole series of hard questions.


Or we could not get into them because as it says in the article, what is being discussed is only little children who clearly are not even close to pushing this limit you're so concerned with.

Quote:
Lol, well, yeah, his case an entirely different matter and I'm just responding to your response on it. But I do see some relevance. If I understand correctly, this was brought up as an example of knee-jerk "protect the children" type of legislation in general, the kind that's easy to justify emotionally, harder to justify rationally.


Okay but then it's a bad example. The suggestion that...in the absolute most terrible of cases it shouldn't be automatically ruled out and rather left up to the state in question do decide if the penalty is even acceptable for consideration...is the antithesis of knee jerk reaction. It's seems to me like quite a moderate and thought out position.
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littlegreenwolf



Joined: 10 Aug 2002
Posts: 4796
Location: Seattle, WA
PostPosted: Fri Feb 26, 2010 10:44 am Reply with quote
leafy sea dragon wrote:
I would say that both the painting of Cupid and the "Lost Girls" comic would be just fine, legally speaking, as they both carry artistic merit. That painting of Cupid is fine art. You'd be hard-pressed to find anyone who would not consider that as art. "Lost Girls" exists clearly to send a message, thus also giving it artistic merit.

The only people who would try to call those works as evil smut would be the Sheila Broflovski type super-concerned middle-aged parents who want to keep their children innocent and pure. Personally, I think they're causing huge societal harm to American culture, but that's a different topic.


Oh I agree, I don't see anything wrong with the things I've mentioned, but unfortunately we're talking about drawings brought to the attention of a judge who will decide whether or not it's just evil smut hurting fictional characters or art. As an American citizen I don't feel a court judge has the right to determine such things, and if by some bizarre unlikely twist I am pulled into court to explain things I own I don't exactly feel comfortable with the moral values of my area (Florida - Deep South)

I collect doujinshi. I don't go out of my way to collect hentai doujinshi, but as a doujinshi collector if I find a doujinshi circle I like, and I hear they're releasing a doujinshi for one of my favorite fandoms, I'm usually going to buy it, hentai doujinshi or not. I pesonally see artistic merit in the doujinshi I buy, but we're talking about sending someone to jail over a difference of artistic opinion. I don't like it one bit, especially since I wouldn't at all want to try and explain away some of my Matantei Loki Doujinshi which sort of falls under the Caravaggio Cupid category (he's not a kid, he's really an ancient god in disguise, I swear! And look, he transforms back to his original adult form before they get to the real naughty stuff! Please don't send me to jail!), nor do I want a judge to decide things over some of the random Cardcaptor Sakura/Tsubasa RC/Naruto doujinshi I've bought. I order them online mostly because I found the cover art to be really pretty, and then I get it home and it's a total "oh... my..." moment at the content. Lucky for me none of it is rape, but some of them don't quite look 18.

With doujinshi half the time you don't even know what you're getting, which was half the fun in collecting it, but now I've stopped because I rather not be caught up in this sort of stuff, even if I believe I could win my case in court. I think I'd have a chance because I personally see a female art student being arrested for this stuff to be even more absurd than just the typical poor lonely otaku collector, but who knows. I rather not test it.

I import manga as well, and I also wouldn't want to have to explain manga series I own that may be mostly smut, such as titles by Minami Kanan. They're harmless high school shoujo smut, but they fall under this grey area. Going in that vein if someone were to build a case against my collection, who's to say random scenes in licensed series are next? Like what about the random rape or sex scenes in Yuu Watase manga featuring middle school girls, would that count against me? Those are under-aged girls being abused. Or a series like Hot Gimmick or Kaikan Phrase, or even Shadow Star which Darkhorse discontinued because they began getting squeamish about the content? Some of the short stories in the ROBOT collaboration series put out by Range Murata are questionable in content as well.

I rather not someone raid my house and call me a pedophile when I have no interest in children. I think it's stupid, especially since these are drawings, and I consider myself an artist. I don't like the very idea that I may one day face a possibility of going to jail for painting something someone else views as obscene, so I really don't like what has happened to Handley. Judging if something has artistic merit in court is stupidity which will get innocent people, no threat to society, jailed. This is especially stupid since we have actual threats out on the streets.
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Gilles Poitras



Joined: 05 Apr 2008
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PostPosted: Fri Feb 26, 2010 11:13 am Reply with quote
littlegreenwolf wrote:
..., who's to say random scenes in licensed series are next?


Check out Gunsmith Cats where May is 17, or IGWP where several characters who could easily be 17 are in sexual situations, or for that matter many seinen titles. How do you judge the age of a character in a drawing? Or any erotic title with characters with school uniforms having sex. The uniforms is a clue that they are in middle or high school, colleges in japan have not had uniforms for many, many decades.

There is still the potential for arrests and legal fees with many titles until the law is challenged in court and either stands or falls.
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Tempest
I Run this place.
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PostPosted: Fri Feb 26, 2010 12:23 pm Reply with quote
littlegreenwolf wrote:
I import manga as well, and I also wouldn't want to have to explain manga series I own that may be mostly smut, such as titles by Minami Kanan. They're harmless high school shoujo smut, but they fall under this grey area. Going in that vein if someone were to build a case against my collection, who's to say random scenes in licensed series are next? Like what about the random rape or sex scenes in Yuu Watase manga featuring middle school girls, would that count against me? Those are under-aged girls being abused. Or a series like Hot Gimmick or Kaikan Phrase, or even Shadow Star which Darkhorse discontinued because they began getting squeamish about the content? Some of the short stories in the ROBOT collaboration series put out by Range Murata are questionable in content as well.


I believe that in all the above cases (in fact, I'd say "obviously in all the above cases..."), as well as with the titles mentioned by Gilles, the material would be deemed to have artistic merit and not be obscene.

That said, even the fact that we are forced to ask ourselves these questions is very disturbing.

-t
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Sophisticat



Joined: 29 Oct 2008
Posts: 165
PostPosted: Fri Feb 26, 2010 12:26 pm Reply with quote
Mein Gott!

Everyone is *again* missing the point that Handley is a pedo and goes to jail for it. This isn't about manga, this is about Handley. Get over it, your precious manga is safe.
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Shale



Joined: 04 Dec 2002
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PostPosted: Fri Feb 26, 2010 12:32 pm Reply with quote
Sophisticat wrote:
Mein Gott!

Everyone is *again* missing the point that Handley is a pedo and goes to jail for it. This isn't about manga, this is about Handley. Get over it, your precious manga is safe.


The problem is that he's a pedo who didn't hurt anybody. There are no laws against having unsavory sexual proclivities, even if they'd be illegal to act out, in the same way that there's no law against really liking to hit people, even though hitting people for no reason is assault.
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Sophisticat



Joined: 29 Oct 2008
Posts: 165
PostPosted: Fri Feb 26, 2010 12:39 pm Reply with quote
^ Last I heard, you go to jail for possessing child porn pics. People who collect these but don't hurt anyone go to jail anyway, no?
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