NCJ Number
45118
Journal
Social Problems Volume: 24 Issue: 3 Dated: (FEBRUARY 1977) Pages: 324-336
Date Published
1977
Length
13 pages
Annotation
THE BEHAVIOR OF DEFENDANTS, ATTORNEYS, AND OTHER PARTICIPANTS IN POLITICAL TRIALS IN THE UNITED STATES IS EXPLORED, WITH REFERENCE TO SUCH CASES AS THE CHICAGO EIGHT, DANIEL ELLSBERG, AND OTHERS.
Abstract
POLITICAL TRIALS ARE DISTINGUISHED FROM OTHER TRIALS BY DIFFERENCES IN THE GOALS AND BEHAVIOR OF PARTICIPANTS, PARTICULARLY DEFENDANTS. ALTHOUGH ACQUITTAL USUALLY REMAINS A PRIMARY END, THE DEFENSE TYPICALLY ATTEMPTS THROUGHOUT THE TRIAL TO INTRODUCE POLITICAL AND MORAL ISSUES. THREE TYPES OF DEFENDANT PARTICIPATION IN POLITICAL TRIALS MAY BE DISTINGUISHED: THE DEFENDANT WHO ENGAGES COUNSEL AND CONDUCTS A CONVENTIONAL DEFENSE IN ORDER TO AVOID CONVICTION; THE DEFENDANT WHO DEEMPHASIZES THE GOAL OF ACQUITTAL IN FAVOR OF USING THE TRIAL FOR POLITICAL PURPOSES; AND THE DEFENDANT WHO PROCEEDS PRO SE, I.E., DEFENDS HIMSELF. IT IS SUGGESTED THAT PRO SE TRIALS ARE MORE FULLY POLITICAL IN SEVERAL SENSES AND THAT, IN SPITE OF AN INCREASING SUPPLY OF COMPETENT RADICAL ATTORNEYS, POLITICAL DEFENDANTS OFTEN CHOOSE TO DENY THEMSELVES COUNSEL. IT IS POINTED OUT THAT THOSE WHO ACT AS THEIR OWN ATTORNEYS MAY UNIQUELY ADVANCE THE GOALS OF A POLITICAL-LEGAL DEFENSE. IGNORANT OF JUDICIAL PROCEDURE, THEY CAN DEPART FROM COURTROOM NORMS BY SPEAKING TO POLITICAL AND MORAL ISSUES IN A MANNER THAT MOST ATTORNEYS, WHO ARE BOUND BY THEIR OBLIGATIONS AS OFFICERS OF THE COURT, CANNOT. PRO SE DEFENDANTS MAY ALSO WIN JURY SYMPATHY, INCREASING THEIR CHANCES FOR ACQUITTAL. IT IS CONCLUDED THAT, LARGELY BECAUSE OF DEFENSE EFFORTS TO BRING OUT ISSUES CONSIDERED JUDICIALLY IRRELEVANT, POLITICAL TRIALS MORE NEARLY APPROACH THE COMBAT MODEL OF TRIAL PROCEDURE THAT IS THE IDEAL OF THE ADVERSARY SYSTEM. A LIST OF REFERENCES IS INCLUDED.