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Darwin has been arrested for the possession of child pornography and obscene material on his personal laptop. The case began when a friend of Darwin's
- Darwin has been arrested for the possession of "child pornography" and "obscene material" on his personal laptop. The case began when a friend of Darwin's noticed that he was viewing the material in his dorm room and complained to the Dean of Students at the state university they both attend. Darwin was immediately expelled and escorted from campus. His laptop was confiscated by security and turned over to the State's Federal Prosecutor. He was charged with violating federal law against possessing "child pornography" and "obscene" material.
The alleged "illegal pornography" on his laptop consisted of:
- Computer generated animated images of children engaged in sexual behavior; and
- Video images of real adults engaged in explicit sex acts.
You have been retained to assist Darwin's attorneys.
Discuss all of the criminal and civil issues involved in Darwin's case and the arguments of all of the parties involved.
Were the University's actions legal? Why or why not?
Should Darwin be convicted? Why or why not?
Should Darwin be expelled? Why or why not?
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