Question

According to Miller v. California (1973), the 'trier of fact' in an obscenity case must determine:"

a) The cultural significance of the work.
b) The artistic merit of the work.
c) Whether the work appeals to the prurient interest.
d) The popularity of the work.

Answer 1

The 'trier of fact' in an obscenity case as established by Miller v. California (1973) must decide if the work appeals to the prurient interest, which is part of the three-pronged Miller test used to determine obscenity.

Step-by-step explanation:

According to Miller v. California (1973), the 'trier of fact' in an obscenity case must determine c) Whether the work appeals to the prurient interest. The Supreme Court established the Miller test for deciding whether something is obscene, which involves assessing whether:

1. The "average person, applying contemporary community standards," would find that the work, taken as a whole, appeals to the prurient interest.
2. The work depicts or describes, in a patently offensive way, sexual conduct that is specifically defined by the applicable state law.
3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

This three-pronged Miller test is applied by juries to determine the obscenity of a work, with the possibility for defendants to appeal if they believe the guidelines were misapplied. The concept of 'contemporary community standards' brings the challenge that what may be considered obscene could vary significantly from one location to another.