Political trial
A political trial is a
Definitions
Trial against behaviours claiming cultural pluralism
T. Becker writes that "in a sense, all trials are political. Since courts are government agencies and judges are part of the 'system' all judicial decisions can be considered political."[1] A political trial is characterized by the fact that public opinion and public attitudes on one or more social questions will inevitably have an effect on the decision.[2]
Political trials can include trials for
A technical defense would argue that the alleged crime did not occur as a matter of fact or law. In a political defense, a defendant may assert the political motivations behind the conduct in an attempt to convince the jury or the public of the justness of the political motivations and of the injustice of the prosecution.[4]
It has been suggested that in political cases, justice will be better served if the lists used to impanel jurors are more complete and if challenges and excuses are minimized, in order to ensure that the jury more accurately reflects the diversity of the community.[5]
Trial in order to curb opponents against the government
When a political trial is "an examination before a court concerning the conduct of governmental affairs or somehow relating to government",[6] you could have political justice:[7] if bias is not only cultural but systemic, politics has an impact on criminal procedure chosen for the trial and on the impartiality of the Court.
There is some question as to whether political trials are necessary or if they are a
Defendants in political trials tend to participate in the proceedings more than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.[3]
Examples
Biased trials in democracies
Political trials in the United Kingdom
In
Political trials in Colonial America
- The trial of Anne Hutchinson has been described as a political trial.[10]
Political trials in the United States
- The trial of eleven Communist leaders for teaching and advocating overthrow of the U.S. Government was described as something close to "a political trial with criminal overtones."[11]
- Haymarket trials
- Dr. Spock conspiracy trial
- The Catonsville Nine
- The Chicago Conspiracy trial
- Wounded Knee
- New Haven Black Panther Party trial
- Bobby Seale Prosecution
- Panther 21
- Camden 28
- Attica prison riot prosecution
- Winooski 44
- Seabrook Power Plant protest prosecutions
- Tim DeChristopher prosecution
- Sacco and Vanzetti Case
Biased trials in totalitarian states
When the Soviet Union was created, the trial of Sofia Panina was one of the first political trials.[12]
Related
References
- JSTOR 825069
- ^ Burnstein, Malcolm (1969), Trying a Political Case, vol. 28, Guild Prac., p. 33
- ^ a b Barkan, Steven E. (1976–1977), Political Trials and the Pro Se Defendant in the Adversary System, vol. 24, Soc. Probs., p. 324
- JSTOR 800407
- ^ J Van Dyke (1976), Selecting a jury in political trials, Case W. Res. L. Rev.
- JSTOR 468335
- ^ Otto Kirchheimer, Political Justice. The Use of Legal Procedure for Political Ends, Princeton University Press, 1961 (Series: Princeton Legacy Library, 2303), DOI: 10.1515/9781400878529.
- S2CID 144583067
- ^ Political Crime, Political Justice, and Political Prisoners, vol. 12, Criminology, 7 Mar 2006, pp. 385–398[dead link]
- JSTOR 364308
- ^ Haber, David (1951), Lawyer Troubles in Political Trials; Harper, Fowler, vol. 60, Yale L. J., p. 1
- JSTOR 2679365