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

[John W.]

On Mon, Jul 5, 2010 at 9:56 AM, C. G. Estabrook <galliher at illinois.edu>wrote:



> 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).
>

That's essentially correct.



> 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.


That would be self-defense, an actual legitimate legal defense to the taking
of another human life.  But in the case we're talking about, the defendants
were acting not in self-defense but on behalf of unnamed others not even
located in England.  Thus the jury, in order to vote their conscience, had
to nullify the law which the defendants broke.

I think jury nullfication is a wonderful thing, and should be utlized much
more often.




>  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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>>>
>>>
>>>
>>
>>
>>
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