Political trial
Encyclopedia
A political trial is a criminal trial with political implications. A composite definition of a political trial might be "an examination before a court concerning the conduct of governmental affairs or somehow relating to government." 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, and to discredit a movement and compel its members to spend time, money and energy avoiding conviction and imprisonment. A movement may use the court proceedings to convince the public of the justness of its cause and of the injustice of the prosecution. 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 prisoner
s 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. 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.
tried anyone charged with a politically related offence. The Diplock System 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 then 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
.
has been described as a political trial. The trial of John Peter Zenger
has been described as a prototypical political trial. The trial of Sofia Panina was also a political trial. 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."
Political trials can include trials for civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
and other forms of protest against government policy. The government may use prosecution to frighten potential supporters and sympathizers of a movement, and to discredit a movement and compel its members to spend time, money and energy avoiding conviction and imprisonment. A movement may use the court proceedings to convince the public of the justness of its cause and of the injustice of the prosecution. 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 prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
s are defined as those incarcerated because of either political crime
Political crime
In criminology, a political crime is an offence involving overt acts or omissions , which prejudice the interests of the state, its government or the political system...
(political criminals) or political justice
Political Justice
Enquiry Concerning Political Justice and its Influence on Modern Morals and Manners outlines the political philosophy of the 18th-century philosopher William Godwin....
(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. It has been suggested that in political cases, justice will be better served if the lists used to impanel jurors
Jury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
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.
Political Courts
In Northern Ireland Diplock CourtsDiplock courts
The Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
tried anyone charged with a politically related offence. The Diplock System 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 then 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
Christy Walsh case
John Christopher Walsh, from west Belfast, was convicted in 1991 by a Diplock court of possessing explosives in connection with the conflict in Northern Ireland, and campaigned for 20 years to clear his name on the basis that his conviction was a miscarriage of justice. His case was referred to...
.
Examples
The trial of Anne HutchinsonAnne Hutchinson
Anne Hutchinson was one of the most prominent women in colonial America, noted for her strong religious convictions, and for her stand against the staunch religious orthodoxy of 17th century Massachusetts...
has been described as a political trial. The trial of John Peter Zenger
John Peter Zenger
John Peter Zenger was a German-American printer, publisher, editor, and journalist in New York City. He was a defendant in a landmark legal case in American jurisprudence that determined that truth was a defense against charges of libel and "laid the foundation for American press freedom."-...
has been described as a prototypical political trial. The trial of Sofia Panina was also a political trial. 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."