NCJ Number
6954
Journal
Kentucky Law Journal Volume: 60 Issue: 3 Dated: (SPRING 1972) Pages: 565-610
Date Published
1972
Length
46 pages
Annotation
NATURE OF POLITICAL TRIALS WITH SPECIFIC REFERENCE TO PARTS PLAYED BY THE JUDGE, PROSECUTION, AND DEFENDANT.
Abstract
THE COURTS HAVE LONG BEEN CALLED UPON TO HEAR PROSECUTIONS OF PERSONS ACCUSED OF COMMITTING POLITICAL CRIMES AGAINST THE STATE, AND TO PRESIDE OVER PROSECUTIONS WHICH WERE POLITICALLY MOTIVATED. IN RECENT TIMES, POLITICAL TRIALS HAVE INVOLVED ACTIVIST AND ALIENATED DEFENDANTS WHO REJECT AND ARE HOSTILE TO ESTABLISHED POLITICAL POWER, INCLUDING THE COURTS. THERE IS AN INEVITABILITY ABOUT THE CONDUCT OF THESE DEFENDANTS WHICH THE COURTS NECESSARILY DEEM INSOLENT AND INSULTING WHICH CREATES DOUBT AS THE APPLICATION OF THE TRADITIONALLY RECOGNIZED CONTEMPT POWER. DISRESPECTFUL CONDUCT MUST BE DISTINGUISHED FROM OBSTRUCTIVE CONDUCT IF THE COURTS ARE TO AVOID PUNISHING INDIVIDUALS FOR THEIR IDEOLOGY AND LIFE STYLE. IF IMPARTIALITY AND THE APPEARANCE OF FAIRNESS ARE TO CHARACTERIZE THE COURTS, PROCEDURAL SAFEGUARDS MUST BE PROVIDED TO THOSE ACCUSED OF CONTUMACIOUS AND OBSTRUCTIVE CONDUCT.