Political trial

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." 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.

Political trials can include trials for civil disobedience and other forms of protest against government policy. The government may use prosecution to frighten potential supporters and sympathizers of a movement,

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.

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", one can speak of political justice; 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 disease of politics and law. Political justice is defined in terms of the state's reaction to perceived threat; and political prisoners are defined as those incarcerated because of either political crime (political criminals) or political justice (victims of repression). 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.

Examples

Biased trials in democracies

Political trials in the United Kingdom

In Northern Ireland, Diplock Courts tried anyone charged with a politically related offence and provided for delays in permitting legal access to suspects where the suspect could be interrogated for up to seven days. While suspects retained the right to silence, it was on condition that if they chose to rely upon it, a trial judge could later draw an adverse inference from their silence. One notable case, of many, arising from the British political courts in Northern Ireland is that of Belfast man Christy Walsh case.

Political trials in Colonial America

• The trial of Anne Hutchinson has been described as a political trial.

Political trials in the United States

• Haymarket affair
• Sacco and Vanzetti
• Smith Act trials of Communist Party leaders, which was described as something close to "a political trial with criminal overtones".
• Dr. Spock trial
• Catonsville Nine
• Bobby Seale
• Chicago Seven
• New Haven Black Panther Party trials
• Panther 21
• Camden 28
• Attica prison riot
• Wounded Knee Occupation
• Winooski 44
• Seabrook Station Nuclear Power Plant (anti-nuclear protests)
• Tim DeChristopher

Political trials in totalitarian states

When the Soviet Union was created, the trial of Sofia Panina was one of the first political trials.

References

References

1. K McNaught. (1974). "Political trials and the Canadian political tradition". University of Toronto Law Journal.
2. Burnstein, Malcolm. (1969). "Trying a Political Case". Guild Prac..
3. SE Barkan. (1983). "Jury Nullification in Political Trials". Social Problems.
4. J Van Dyke. (1976). "Selecting a jury in political trials". Case W. Res. L. Rev..
5. RP Sokol. (1971). "The Political Trial: Courtroom as Stage, History as Critic". New Literary History.
6. 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.
7. Christenson, Ron. (July 1986). "What is a Political Trial?". Society.
8. (7 Mar 2006). "Political Crime, Political Justice, and Political Prisoners". Criminology.
9. Barkan, Steven E.. (1976–1977). "Political Trials and the Pro Se Defendant in the Adversary System". Soc. Probs..
10. AF Withington, J Schwartz. (1978). "The Political Trial of Anne Hutchinson". New England Quarterly.
11. Haber, David. (1951). "Lawyer Troubles in Political Trials; Harper, Fowler". Yale L. J..
12. A Lindenmeyr. (2001). "The First Soviet Political Trial: Countess Sofia Panina before the Petrograd Revolutionary Tribunal". Russian Review.