[Peace-discuss] Non-violent direct action...

[C. G. Estabrook]

Jury nullification (i.e., nullification of the effect of a law in a particular 
case) occurs when the jury acquits a defendant of a charge of which s/he is 
guilty because they determine that the application of the law in this case would 
lead to a greater injustice (e.g., a fugitive slave law; censorship laws; and 
most non-violent drug cases today).

The defendants here did cause the damage with which they were charged but they 
pled in effect extenuating circumstances: e.g., if you justifiably shoot someone 
about to attack your family, you should not be convicted of murder or 
manslaughter, but that would not be a case of jury nullification.


On 7/5/10 9:37 AM, Robert Naiman wrote:
> A case could be made that this isn't so much an example of jury
> nullification as of a jury taking seriously its obligations under
> international law.
>
> On Mon, Jul 5, 2010 at 4:46 AM, John W.<jbw292002 at gmail.com>  wrote:
>> Looks like a clear example of jury nullification, which we have discussed
>> from time to time....
>>
>>
>> On Sat, Jul 3, 2010 at 3:23 AM, C. G. Estabrook<galliher at illinois.edu>
>> wrote:
>>
>>>
>>>       Weapons decommissioners found not guilty
>>>
>>>
>>>       2 July 2010 (11:am)
>>>
>>>       Hove Crown Court, Brighton UK
>>>
>>>       Final two Decommissioners Found NOT GUILTY!
>>>
>>>       The jury in the trial of seven activists who decommissioned a
>>> Brighton
>>>       arms factory to prevent Israel war crimes in Gaza in January 2009,
>>> have
>>>       now found all seven activists not guilty of Conspiracy to Cause
>>> Criminal
>>>       Damage by unanimous verdict in Hove Crown Court.
>>>
>>>       The seven entered the factory on 16th Jan 2009, causing nearly
>>> £200,000 of
>>>       damage and shutting down production. They offered no defence other
>>> than
>>>       the prevention of imminent war crimes.
>>>
>>>       Simon Levin, Tom Woodhead, Ornella Saibene, Bob Nicholls, Harvey
>>> Tadman
>>>       were all acquitted on Wednesday.
>>>
>>>       The final two Elijah Smith and and Chris Osmond were acquitted this
>>> morning.
>>>
>>>       Chris Osmond said "This action was taken was taken because of EDO
>>> MBMs
>>>       illegal supply of weapons to the Israeli military. We brought the
>>> suffering
>>>       of ordinary Palestinians into a British courtroom and confronted with
>>> the
>>>       evidence they took the brave decision to find that our actions were
>>>       justified"
>>>
>>>       All have now been found not guilty by unanimous verdict.
>>>
>>>       A press conference will take place at:
>>>
>>>       1m at
>>>
>>>       Mary Magdalene Community Centre
>>>       55 Upper North Street
>>>       Brighton
>>>
>>>       Messages of support have already arrived from Caroline Lucas, MP for
>>>       Brighton Pavilion, and Noam Chomsky.
>>>
>>>       Caroline Lucas said:
>>>
>>>       'I am absolutely delighted that the jury has recognised that the
>>> actions
>>>       of the decommissioners were a legitimate response to the atrocities
>>> being
>>>       committed in Gaza. I do not advocate non violent direct action
>>> lightly;
>>>       however in this situation it is clear that the decommissioners had
>>>       exhausted all democratic avenues and, crucially, that their actions
>>> were
>>>       driven by the responsibility to prevent further suffering in Gaza.'
>>>
>>>       Noam Chomsky said
>>>
>>>       'I would like to express my respect and admiration for those who are
>>>       undertaking non-violent resistance to oppose British participation in
>>>       Israel's cruel crimes in Gaza.'
>>>
>>>       News site Ynetnews.com reports that the Israeli Ambassador in London
>>> is
>>>       'furious.'
>>>
>>>       http://www.ynetnews.com/articles/0,7340,L-3914014,00.html
>>
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>
>
>