Chicago Seven trial

The Event: Trial of seven men charged with conspiracy, inciting to riot, and other offenses relating to protest demonstrations at the 1968 Democratic Party National Convention

Date: September, 1969-February, 1970

Place: Chicago, Illinois

Significance: One of the most highly publicized trials of its era, the Chicago Seven trial was widely viewed as a political show trial pitting Vietnam War opponents against the established order. However, the trial itself degenerated into such a disorderly affair that the convictions it spent more than a year to reach were eventually overturned because of the court’s errors, thereby demonstrating the justice system’s success in ensuring that all defendants, regardless of their beliefs or actions, are entitled to fair and impartial trials.

The federal Civil Rights Act of 1968 made it a federal crime to cross state lines for the purpose of inciting a riot. During that same year, several groups announced their intention to protest the Vietnam War and establishment values represented by the Democratic Party at the party’s national convention in Chicago. In response, the city of Chicago denied the protesters permission to sleep in the city’s Lincoln Park and announced that an eleven p.m. curfew would be enforced. Afterward, numerous confrontations erupted between city police and demonstrators that ultimately resulted in a federal grand jury’s indictment of eight demonstrators and eight police officers.

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In September, 1969, the trial of the so-called Chicago Eight began. In October, one of the defendants, Black Panther leader Bobby Seale, was ordered bound and gagged in the courtroom by Judge Julius Hoffman because of his repeated outbursts. Seale was later removed from the case and sentenced to four years in prison for contempt of court.

In February, 1970, the remaining seven defendants were acquitted on conspiracy charges, while five—David Dellinger, Rennie Davis, Tom Hayden, Abbie Hoffman, and Jerry Rubin—were found guilty of crossing state lines with the intent of inciting a riot. The final two defendants, John Froines and Lee Weiner, were acquitted on all charges, as were the police officers tried in the case. Each convicted defendant was fined five thousand dollars and sentenced to five years in prison. Judge Hoffman also sentenced all the defendants, as well as their defense attorneys, William Kunstler and Leonard Weinglass, to prison terms on numerous charges of criminal contempt.

The Seventh Circuit Court of Appeals reversed all contempt convictions and the criminal convictions in November, 1972, because of the court’s refusal to permit defense attorneys to question prospective jurors about their cultural bias. The appellate court also cited the bias of Judge Hoffman.

Bibliography

Epstein, Jason. The Great Conspiracy Trial: An Essay on Law, Liberty and the Constitution. New York: Random House, 1970.

Schultz, John. The Chicago Conspiracy Trial. New introduction by Carl Oglesby. New York: Da Capo Press, 1993.

Walker, Daniel. Rights in Conflict. New York: Grosset & Dunlap, 1968.