D.C. Nine
Encyclopedia
The D.C. Nine were nine men and women, including seven who were priests and nuns, who engaged in a daytime protest against the Dow Chemical Company
and its production of napalm
and were charged with malicious destruction of property and burglary
. They attempted to present a political defense
, but the judge instructed the jury, "The Vietnam War is not an issue in this case. You are not trying ideas. You are not trying the United States. You are not trying society...Therefore, if you find beyond a reasonable doubt that one or more of the defendants had the required intent to commit one or more of the offenses with which they are charged, then it is no defense that he or she also had one or more other intentions, reasons, purposes or motives, such as to protest against the Vietnam War or the activities of the Dow Company; nor is it a defense that he or she acted from sincere, religious motives, or that he or she believed that his or her intent was justified by some higher law." The defendants were also not allowed to proceed pro se, since the judge was concerned that they would disrupt the proceedings. They were convicted, but were granted new trials due to the denial of their right to self-representation. Their appellate case, United States v. Dougherty
, had important implications for the jurisprudence surrounding jury nullification
.
Dow Chemical Company
The Dow Chemical Company is a multinational corporation headquartered in Midland, Michigan, United States. As of 2007, it is the second largest chemical manufacturer in the world by revenue and as of February 2009, the third-largest chemical company in the world by market capitalization .Dow...
and its production of napalm
Napalm
Napalm is a thickening/gelling agent generally mixed with gasoline or a similar fuel for use in an incendiary device, primarily as an anti-personnel weapon...
and were charged with malicious destruction of property and burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
. They attempted to present a political defense
Political defense
A political defense is one used by a defendant that relies on political arguments for acquittal. The necessity defense can sometimes be used for this purpose, and shadow defenses are also sometimes used. In countries that have jury trials, the defendant may seek jury nullification....
, but the judge instructed the jury, "The Vietnam War is not an issue in this case. You are not trying ideas. You are not trying the United States. You are not trying society...Therefore, if you find beyond a reasonable doubt that one or more of the defendants had the required intent to commit one or more of the offenses with which they are charged, then it is no defense that he or she also had one or more other intentions, reasons, purposes or motives, such as to protest against the Vietnam War or the activities of the Dow Company; nor is it a defense that he or she acted from sincere, religious motives, or that he or she believed that his or her intent was justified by some higher law." The defendants were also not allowed to proceed pro se, since the judge was concerned that they would disrupt the proceedings. They were convicted, but were granted new trials due to the denial of their right to self-representation. Their appellate case, United States v. Dougherty
United States v. Dougherty
United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C...
, had important implications for the jurisprudence surrounding jury nullification
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
.