Emma’s not sorry!


Emma Kaplan’s been blogging about her case and has been picked up by Michael Moore. Check it out!

So the trial has been re-scheduled for April 20th (readiness hearing is on April 16th). The judge has agreed to allow the “necessity defense”. The rationale behind the necessity defense is that sometimes, in a particular situation, a technical breach of the law is more advantageous to society than the consequence of strict adherence to the law. The defense is often used successfully in cases that involve a Trespass on property to save a person’s life or property. It also has been used, with varying degrees of success, in cases involving anti-nuclear or anti-war protests. During the 1980s, for example, the Necessity Defense was used by protesters who blocked trains (called “White Trains” because they were painted white to keep their radioactive contents cool) carrying nuclear warheads to military bases in the U.S. The rationale was that the danger of nuclear war far outweighed any trespassing or blocking of the trains. One infamous example of a ‘White Train” action was in the 1980s, when anti-war activist and Vietnam veteran Brian Wilson was hit by a “white train” during an action at the Concord Munitions Depot in California.

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