Choice of Plea
An important decision for civil disobedients is whether or not to plead guilty. There is much debate on this point, as some believe that it is a civil disobedient's duty to submit to the punishment prescribed by law, while others believe that defending oneself in court will increase the possibility of changing the unjust law. It has also been argued that either choice is compatible with the spirit of civil disobedience. ACT-UP's Civil Disobedience Training handbook states that a civil disobedient who pleads guilty is essentially stating, "Yes, I committed the act of which you accuse me. I don't deny it; in fact, I am proud of it. I feel I did the right thing by violating this particular law; I am guilty as charged," but that pleading not guilty sends a message of, "Guilt implies wrong-doing. I feel I have done no wrong. I may have violated some specific laws, but I am guilty of doing no wrong. I therefore plead not guilty." A plea of no contest is sometimes regarded as a compromise between the two. One defendant accused of illegally protesting nuclear power, when asked to enter his plea, stated, "I plead for the beauty that surrounds us"; this is known as a "creative plea," and will usually be interpreted as a plea of not guilty.
When the Committeee for Non-Violent Action sponsored a protest in August 1957, at the Camp Mercury nuclear test site near Las Vegas, Nevada, 13 of the protesters attempted to enter the test site knowing that they faced arrest. At a pre-arranged announced time, one at a time they stepped across the "line" and were immediately arrested. They were put on a bus and taken to the Nye County seat of Tonopah, Nevada, and arraigned for trial before the local Justice of the Peace, that afternoon. A well known civil rights attorney, Francis Heisler, had volunteered to defend the arrested persons, advising them to plead "nolo contendere", as an alternative to pleading either guilty or not-guilty. The arrested persons were found "guilty," nevertheless, and given suspended sentences, conditional on their not reentering the test site grounds.
Paul Flower writes, "There may be many times when protesters choose to go to jail, as a way of continuing their protest, as a way of reminding their countrymen of injustice. But that is different than the notion that they must go to jail as part of a rule connected with civil disobedience. The key point is that the spirit of protest should be maintained all the way, whether it is done by remaining in jail, or by evading it. To accept jail penitently as an accession to 'the rules' is to switch suddenly to a spirit of subservience, to demean the seriousness of the protest...In particular, the neo-conservative insistence on a guilty plea should be eliminated."
Sometimes the prosecution proposes a plea bargain to civil disobedients, as in the case of the Camden 28, in which the defendants were offered an opportunity to plead guilty to one misdemeanor count and receive no jail time. In some mass arrest situations, the activists decide to use solidarity tactics to secure the same plea bargain for everyone. But some activists have opted to enter a blind plea, pleading guilty without any plea agreement in place. Mohandas Gandhi pleaded guilty and told the court, "I am here to . . . submit cheerfully to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen."
Read more about this topic: Civil Disobedience, Techniques
Famous quotes containing the words choice of, choice and/or plea:
“European society has always been divided into classes in a way that American society never has been. A European writer considers himself to be part of an old and honorable tradition—of intellectual activity, of letters—and his choice of a vocation does not cause him any uneasy wonder as to whether or not it will cost him all his friends. But this tradition does not exist in America.”
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“I understand that it is a maxim of law, that a poor plea may be a good plea to a bad declaration.”
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