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The Trial of The Chicago 7 | Through a Legal Lens
Introduction There are civil trials as well as criminal trials but in The Trial of the Chicago 7, viewers are shown that political trials are also a possibility. Aaron Sorkin’s film is based on a trial from 1969 and uses transcripts along with the flashbacks of political instability in Chicago in the summer of 1968. the film dramatizes President Nixon’s Justice Department’s controversial, prosecution of eight individuals convicted of criminal conspiracy and crossing state borders to incite a riot. The trial stretched on for over five months, sometimes devolving into turmoil and political spectacle, highlighting the growing rifts in a society torn apart by the Vietnam War, dramatic cultural shifts, and Nixon administration attempts to repress nonviolent anti-war dissent and protest. Daily headlines reflected the courtroom drama and histrionics. Protesters outside the courthouse chanted the iconic statement “The whole world is watching!” every day. Facts of The Trial of The Chicago 7 The fact that the trial of Chicago 7 was a political trial was quite evident by the approach of Judge Julius Hoffman who ruled over the proceedings in the case with a harsh rigidity contrasted by periods of forgetfulness. On the surface, it seemed as though Judge Hoffman had a pro-government bias, as shown by transcripts from the courtroom. Constricting or weakening the defence was Hoffman’s continual task. After a flood of criticism from the legal community led Hoffman to rescind the warrants, he was obliged to drop the charges against the four defence lawyers he issued on the first day of the trial. On trial, he refused to allow the jury to examine many pieces of evidence, including a paper in which Tom Hayden stated that the movement in Chicago should be nonviolent. Admonished lawyer William Kunstler for leaning on the podium, he walked out of court. His pronunciation of Leonard Weinglass’ name was a constant source of confusion, with him often mispronouncing his name as “Feinglass,” “Weinruss,” or “whatever your name is.” Charges In addition to this Seale was charged with conspiracy to instigate riots even though he was only in Chicago for a short time. Prosecutors used panthers in the case to their advantage, argues Sorkin. He was frequently denied the opportunity to speak in court by the judge and when he complained that his constitutional rights were being infringed upon, Hoffman lectured and chastised him.[1] As a matter of fact, the US attorney was hoping to intimidate the jury by bringing in a black as the defendant. One day in court, Seale yells, “I was thrown in to make the group look scarier,” Furthermore, In one of the most startling courtroom moments in American history. As a result of his refusal to comply with Judge Julius Hoffman’s contempt citations, Bobby Seale was gagged and chained to his chair on October 29, 1969. It was inferred that Seale’s ranting and shouting made Hoffman’s defence seem reasonable. Hoffman said, “I can’t blame him for raising his voice,”[2] if Richard Schultz was telling the truth. The imprisonment of Seale also illustrates how racially biased American courts were throughout the 1960s. a juror who was carrying a copy of James Baldwin’s “On the Road” was removed from the trial. Thus, it can be inferred from various such instances that law and politics are intrinsically connected. When all these instances were taking place, the supporters of the Chicago 7 filled the courtroom and were more than willing to provide their own opinions. [3] There is a lot of incredibility in the court records, such as when the judge refused to let Bobby Seale’s birthday cake into the courtroom. Trial This trial was unlike any other trial Hoffman has presided over because of the level of attachment shown in the courtroom, which elicited a resounding, “RIGHT ON!” from onlookers. During the reading of the verdicts in the courtroom, a spectator blurted out, “They will dance on your grave, Julie, and the graves of the pig empire.” the support shown by the public made the trial more political as well as historical significant. ⇒ Human Trafficking in India the narrative is an excellent example of irony, initially portraying itself as a heated argument until eventually confessing its distracted look before concluding an acknowledgment of its preoccupied attention. rather than bringing us closer to the larger message, the story’s intrigue just takes us farther away from that message. To be a movie and an indictment of one’s voice at the same time is a hard task. Sorkin on the other hand has a heart of gold. Since the insurrection is simply a precursor to the story and the destiny of a rebel is the storyline, a mawkish finale is acceptable. In contrast, justice has a fatal weapon and a tarnished trigger for truth. we may infer that Sorkin does not entirely reject his contemporaries’ conventions; parts of the documentary and testimonial are faithfully replicated. Conclusion: as shown in the film, real-life sentencing statements featured this shot from Rennie Davis to Judge Hoffman: “You represent all that is old, ugly, bigoted, and repressive in this country, and I will tell you that the spirit of this defence table will devour your sickness in the next generation.” Sorkin’s choice to exclude the most important lines in the transcript is puzzling. If there’s one thing to take away from this, it’s that you can’t improvise the historic facts. Reference :- [1] Professor Douglas O. Linder, The Chicago Eight Conspiracy Trial: An Account, Famous Trials, https://famoustrials.com/chicago8/1366-home [2] Aaron Sorkin, The Trial of Chicago 7, https://deadline.com/wp-content/uploads/2020/12/The-Trial-of-the-Chicago-7-Script.pdf [3] The Chicago Eight Trial: Excerpts from the Trial Transcript, http://law2.umkc.edu/faculty/projects/ftrials/Chicago7/Chi7_trial.html Written by Mehak Uppal
Human Trafficking in India
Human Trafficking in India Introduction: The illegal transport of human beings for commercial sex, forced labor, domestic services, manual labor, begging, etc. is known as human trafficking. In earlier times, people sold their women or children to protect themselves from debts or just for the sake of some amount of money. In today’s world, still people sold their women and children in some backward areas. Only women and children are not victims of human trafficking but men as well. Women are mostly trafficked for commercial sex and domestic services and children for begging. Types of human trafficking: There are so many kinds of the human trafficking but mainly it can be divided into four categories- Forced labor – people are trafficked to other countries with the promises of good jobs but after reaching their passports have been taken away from them and they are forced to work with low wages and more working hours. Debt bondage – this type of trafficking is common in people belonging to poor families, they took heavy loans, and when they fail to repay their lenders forced them to work until their debt is clear. Sex trafficking – women and children are also the victims of this type of trafficking. They are transported to different countries where they are used for commercial sex. Organ trafficking – it is also a type of human trafficking where people sold the body organs for the sake of money. Causes: The main reason for the human trafficking is poverty and lack of education. Due to poverty, people take loans, and when they fail to repay they are forced to do debt bondage for the recovery of the debt, or people sell their children or females for the money. Lack of education is also a major cause because they are unaware of their rights, and it is easy to exploit them. Children who run away from their homes for any reason and are caught by child smugglers become a victim of human trafficking, they use them for begging and also sold their body parts. The young girls caught in the trap of love and elope from home, are sold by their lovers for prostitution, they are the biggest victim of sex trafficking. As per the report published by the National Crime Report Bureau of 2019, a total of 6616 people were trafficked in India of which 2914 were below the age of eighteen years and 3702 were adults including both men and women. According to a survey in 2020 more than 900 cases of human trafficking have been reported across the India with over 150 cases only in Maharashtra. Online trafficking: During the pandemic, the trafficking moves to the online platform. Adults and children everyone was trying to find some source of income, to earn a little money through work from home. And women were concerned for their hair and skincare. People were trafficked with fake job opportunities and women with spurious parlors and spas. According to a report, in 2020 and 2021, 200 cases of trafficking were taken into effect in the guise of spas and parlors. Other than the pandemic, folks are trafficked on normal days. The prime platform for online trafficking is social media. The actual reason for online trafficking might be that people on social media want to create a community with new individuals without knowing to whom they are going to connect. Laws for human trafficking: India has many laws for human trafficking in the constitution. Article 23 of the Constitution of India prohibits the human trafficking and forced labor. Article 24 of the Constitution of India prohibits the employment of children below the age of fourteen in any hazardous place. Trafficking and its punishments are described under Section 370 of the Indian Penal Code, 1860. Apart from these India have many acts for the protection from trafficking which are the Immoral Traffic (Prevention) Act, 1956 the offender shall be punished with a maximum of two years of punishment or a fine of two thousand rupees on first conviction and with rigorous imprisonment of maximum five years with fine on subsequent conviction. The Bonded Labour System (Abolition) Act, 1976 whoever enforces bonded labor shall be punished with three years of imprisonment or with a fine of two thousand rupees. The Child Labour (Prohibition and Regulation) Act, 1986 provides the punishment which may extend to two years or a fine of a maximum of fifty thousand rupees or both. Seven years imprisonment will be awarded by the Prevention of Children from Sexual Offences Act, 2012 (POCSO). Juvenile Justice Act, 2005 provides punishment for the trafficking of children. Suggestions: Despite having so many laws to prevent the human trafficking, cases are increasing day by day. Perhaps the laws that we have are not sufficient, there need to be more stringent and the authorities are required to take strict actions. The government has to organize awareness and volunteering programs . NGOs are working their best to decrease the human trafficking rate and help the victims to recover from the state they are in, either physically or mentally. Conclusion: Not only India, but the whole world is suffering from the human trafficking in so many ways, but such most common ways are also sex trafficking, bonded labor, debt bondage, and organ trafficking and in the modern world it increases one new form of the human trafficking which is online trafficking. We usually say that women and children are the victims of human trafficking however the reality is completely different, the men are also victims of human trafficking in large numbers. India has several laws to prevent the human trafficking but still, the data on victims is high. References: Constitution of India, 1949 Indian Penal Code, 1860 Immoral Traffic (Prevention) Act, 1956 Bonded Labour System (Abolition) Act, 1976 Child Labour (Prohibition and Regulation) Act, 1986 Prevention of Children from Sexual Offences Act, 2012 Written by Risha Fatema, student of LL.B. second year at Dr. K. N. Modi University,…
NEED FOR DIGITALIZATION OF JUDICIARY
Digittalization OF Judiciary law What is It? ABSTRACT Every business industry has always been susceptible to a full transformation due to the advancement of information technology (IT). This initiative’s main goals are to enhance customer service and use data more effectively to guide decisions on a global basis. The government of India’s “Digital India” project is also assisting in the revolutionization of India’s industrial sector. However, in the context of the growth of the digital economy, it is still in the early phases of development. The legal sector in India has not been immune to its consequences. The impact of legal technology is quickly changing how legal departments and organisations operate. We will discuss need of digitalization in the field of Judiciary in India. INTRODUCTION The Covid-19 restrictions furnished a major thrust to the digitisation of Indian courts. The judiciary, led through the preferrred court and the high Courts, followed e-submitting for urgent matters and carried out common hearings over video conferencing. Digitization, for the Indian judiciary, provides a golden possibility to lessen the pendency of a plethora of cases and maintain the decade-vintage files. For this reason, it’s miles imperative that the usage of virtual technology be mentioned to better utilise its capability, mainly in terms of digitisation of court docket statistics, e-filing of instances and their digital listening to, stay streaming of court complaints. THE APPEARANCE OF TECHNOLOGY IN INDIAN JUDICIARY In India, e-governance in the field of management of justice started out within the overdue Nineteen Nineties, however it improved after the enactment of the information and generation Act, 2000. Because the 21st century started, the point of interest was on digitising the court docket’s facts and establishing e- courts throughout the USA. In the year of 2006, e-courts have been launched as part of the national e-Governance Plan . WHAT STEPS HAVE BEEN TAKEN BY COURTS FOR DIGITALIZATIZATION OF IINDIAN JUDICIARY? The Allahabad excessive court is a guiding example on this regard. as the leader Justice of Allahabad high courtroom (HC), Justice D Y Chandrachud conceptualised and initiated the venture to digitise approximately one crore case documents in twelve months. The listening to of matrimonial instances via video-conferencing became authorized by the ideal courtroom in the count number of Krishna Veni Nagam v Harish Nagam1. but, the direction changed into brief-lived. In 2018, the splendid court allowed the live-streaming of instances of constitutional and national significance on the idea of the judgement in Swapnil Tripathi vs best court Of India2, 2018.The livestreaming of courtroom complaints is a step toward making sure transparency and openness.The Gujarat HC in July 2021 have become the first court docket within the us of a to livestream its complaints.It turned into emulated by the HC of Karnataka, Odisha, Madhya Pradesh and Patna.The cutting-edge vision file for segment III of the e-Courts assignment become brought at some stage in the Covid-19 pandemic to address the judiciary’s digital deprivation. It envisages an infrastructure for the judicial machine this is ‘natively virtual’ and reflects the impact that the pandemic has had on India’s judicial timeline and questioning.recently, the law Minister has stated that for enforcing section two of the eCourts task, there’s a need to undertake new, slicing edge technology of machine gaining knowledge of (ML) and synthetic Intelligence (AI) to increase the performance of the justice shipping gadget.To discover the use of AI in the judicial domain, the ideal court docket of India has constituted an artificial Intelligence Committee. WHY IS DIGITALIZATION OF JUDICIARY A WANT? Difficulty in keeping physical data: not simplest a massive space is needed to shop so many files, it’s also pretty difficult to manually maintain the a long time-vintage documents. it has been located that instances are adjourned surely because affidavits filed numerous years ago had been now not restored with the record or have been now not traceable. ACQUITTAL OF CONVICT: any other purpose is to ensure that those documents are traceable electronically as and while required. The results of missing courtroom data are grave. in many vintage instances, criminal facts are observed to go lacking thereby leading to the acquittal of the accused. In nation of Uttar Pradesh v. Abhay Raj Singh3, it became held through the excellent court that if court records pass missing and re-creation isn’t always possible, the courts are sure to set apart the conviction. DELAYS IN INSTANCES: The time ate up in summoning information from the lower courts to the appellate courts is one of the essential factors that motive delays in instances. What demanding situations are being faced within the Digitisation of Judiciary? CONNECTIVITY PROBLEM: internet connectivity problems and the need for a properly ready area where attorneys can conduct their cases are a number of the major troubles requiring interest. legal professionals in semi-city and rural districts locate on line hearings tough, mostly due to connectivity problems and an unfamiliarity with this way of working DIGITAL LITERACY: Many judges, court body of workers and lawyers aren’t well-versed with digital technology and its benefits. PRIVACY ISSUES: With growing digitisation, especially of courtroom facts, privacy issues are probable to be at the forefront of judicial and public deliberations within the coming years. HACKING AND CYBERSECURITY: At the top of era, cyber-security can be a big subject too. The authorities has initiated remedial steps to deal with this problem and formulated the Cyber security method.but, the sensible and actual implementation of the same remains a mission. OTHER DEMANDING SITUATIONS: The digitisation of courts over the past decade has been singularly focussed on individual litigants, with courtroom websites designed to allow access to man or woman cases. there may be no mechanism for a machine-level examination of the judiciary. Deployed with good enough making plans and safeguards, technological gear may be a recreation changer. however, technology is not consistent with se cost-neutral — that is, it is not proof against biases. power imbalances need to be checked upon. WHAT STEPS MAY BE TAKEN FOR DIGITALIZATION OF INDIAN JUDICAIRY? Position of Judges and legal professionals: Political will and the support…