Punishing Protest, Policing Dissent: What Is the Justice System for?

[marmar]

Punishing Protest, Policing Dissent: What Is the Justice System for?

Monday 20 February 2012
by: Erik Hoffner, Truthout | News Analysis


This year promises to be another historic year of people calling for change worldwide. Citizens took to the streets for a wide variety of reasons, from the Wisconsin Capitol to DC, which hosted many actions last year, including the highly visible civil disobedience of activists seeking to halt the proposed Keystone XL pipeline. The resulting mass arrests, totaling over 1,200 by early September, surely played a large role in President Obama's decision to delay approval of that climate- and water-supply-threatening project.

The climate justice movement also experienced a low point this year, though, when its most visible young leader, Tim DeChristopher, was sentenced to two years in prison for disrupting a federal oil and gas lease auction by peaceful means. Even though the auction was later shown to be illegal, DeChristopher's case proceeded in a manner that made it clear that the government's prosecutor sought to make an example of an activist who showed no remorse.

For his part, Tim saw it as a necessary action to protect his future from runaway climate change, and seemed ready to prove that his movement is unafraid of such retribution when he refused to apologize or take a plea deal. As he told Terry Tempest Williams in Orion recently, "... it's important to make sure that the government doesn't win in their quest to intimidate people ... They're trying to make an example out of me to scare other people into obedience." The punishing protest is not unusual, and can result in long-term victories for those targeted, but that didn't comfort Patrick Shea, DeChristopher's lawyer, who said in a recent post that he'd witnessed "a miscarriage of justice, fairness, and what I believed America stood for."

Occupiers, though, have racked up many more detentions, with 6,526 arrested in 110 US cities so far, according to OccupyArrests.com. This wave of action and reaction has kept National Lawyers Guild (NLG) chapters and members very busy working to protect demonstrators' constitutional rights. Founded 75 years ago to use the law to advance social justice and support progressive social movements, NLG coordinates attorneys, legal workers and law students, and provides legal briefing, case law research, legal strategy and tactical advice to activists. Over the past several months, its members have filed constitutional rights challenges, represented protesters in criminal court, trained and acted as Legal Observers®, and often provided 'round-the-clock legal advice to Occupy encampments. ..............(more)

The complete piece is at: http://www.truthout.org/punishing-protest-policing-dissent-what-justice-system/1329418798

[phasma ex machina]

1. .

[Agony]

2. Tim DeChristopher is the real deal. 2 years in Herlong Federal Prison. Prisoner #16156-081

On July 26th, after several delays, Tim was sentenced to 2 years in federal prison, 3 years of supervised probation and a $10,000 fine. PLEASE donate now to help his legal team prepare for appeal.

Read Tim's Statement at sentencing.

Tim has arrived at his permanent home for the next 2 years, Herlong FCI in Herlong, California. Tim's address is provided below and for more information on how to send books and/or magazines, for more detailed updates on Tim and what he needs, please check: http://www.peacefuluprising.org/tim-dechristopher

A few of us were able to visit Tim this past Thursday, and he asked us to pass a message onto everyone: "This has not deterred me, nor should it deter you from further action. I would not have changed a thing."

http://www.bidder70.org/

[truedelphi]

3. Although there are some decent judges out there, for the msot part

The judges, most of the lawyers and the DOJ are simply entities that help the status quo.

Many wrongful afflicted poor people never get their day in court, as they don't have the wherewithal to take on a larger entity. What private citizen can take on Kaiser Permanente, or Wells Fargo?

And the police only pay atention to criminal activity when they find it interesting, or find it to involve a "substantial citizen."

My landl;ord and I had $ 1,400 worth of our stuff stolen, and the cops weren't interested in filing ar report or going after the perp. (My landlord knew who the guy was.) But let some body steal $ 550 worth of stuff from any store in the mall, and the same police force is getting in their cars and doing a police chase, because police chases are fun for the police. Too bad if some unlucky family is in their way when the police cruisers are chasing the shop lifter.
Their injuries or deaths are just the cost of keeping our shopping mall merchants safe.

[gopiscrap]

4. I fully agree

all pigs are fuckhead, authoratative scum acting as sheep for the 1%

[provis99]

5. just look at any policeman's oath to see the truth.

most police oaths in the US mumble something about protecting the US and state constitutions, obeying superior officers, and maintaining order. Nothing about catching criminals, just maintaining order.

The Truro, Mass. police oath is probably typical:
"I, (Officer's Name) do solemnly affirm that I will bear true faith and allegiance to, and will uphold and defend the Constitution of the United States of America and the Constitution of the Commonwealth of Massachusetts, and that I will oppose the overthrow of the government of the United States of America or of this Commonwealth by force, violence, or any illegal or unconstitutional methods. I will faithfully and impartially discharge all the duties incumbent upon me as a Police Officer in the Police Department of the Town of Truro, so help me God."

http://www.truropolice.org/On%20Line%20Manuals/Oath%20of%20Office.pdf

-essentially an oath about protecting the established order, but nothing on catching drug dealers or rapists.