Appellate Brief

Did the trial judge err in pronouncing a death sentence

by denying the existence of any mitigating circumstances, specifically by rejecting the defendant's claim that his extensive viewing of violent pornography rendered him

incapable of distinguishing right from wrong? 5

A. It is scientifically uncertain as to whether exposure to

violent pornography leads to violent sex crimes. 7

1) Even accepting a general agreement that violent

pornography seems to contribute something to violent

attitudes towards women leads to the problem of what

constitutes violent pornography. 9

B. The recognition of such a circumstance would necessarily

lead to the recognition of this as an affirmative defense

to rape and murder, under which persons accused of such

crimes could not be held legally responsible because they

On February 4, 1981, Thomas Schiro, serving a suspended three-year sentence for armed robbery at a halfway house in Evansville, Indiana, was to attend an 8 PM meeting of Alcoholics Anonymous. Instead of attending this meeting, he attended a 7 PM AA meeting and then went to a liquor store, where he stole a bottle of liquor. He took the liquor with him to a porn shop, where he watched "quarter movies," dep

. . .
. Discussion Appellees contend that the Seventh Circuit was correct in affirming the trial judge's ruling that the possible effects of long term exposure to violent pornography do not constitute mitigating circumstances which would militate against the imposition of a death penalty in a capital case. The reasons which dictate this result are as follows. First, there is much debate as to whether exposure to such pornography does lead to violence committed against women. Second, the recognition of such a circumstance would necessarily lead to the recognition of this as an affirmative defense to rape and murder, under which persons accused of such crimes could not be held legally responsible because they are insane. There has been much said during the past ten years of the connection between pornography and violence towards women. The leading proponents of this connection are Catherine MacKinnon and Andrea Dworkin. MacKinnon and Dworkin have argued that pornography naturally incites and encourages violence towards women. Studies have shown that there may be some connection between the consumption of pornography and violence against women. Anecdotal evidence has further pointed to some connection between pornography and se
. . .

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Approximate Word count = 4328
Approximate Pages = 17 (250 words per page)

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