Eastern Railroad Discussion > Maine oil train protester convicted in trespassing case

http://news.mpbn.net/post/maine-oil-train-protester-convicted

As I've said before on TO "there is a right way to protest and a stupid way"...


Allen

I can only imagine the precedent that would have been set if the case was ruled the other direction...

John R -- CP Spring
Carlisle, PA

$100 fine! Total crap. I'm sure the jury was like: "time well spent." and they had 2 juries, 1 for each defendant. Total waste of effort, to let them push it to trial and fine them $100. And I'm sure for that price they will be right back out on the tracks.

KSmitty Wrote:
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> $100 fine! Total crap. I'm sure the jury was like:
> "time well spent." and they had 2 juries, 1 for
> each defendant. Total waste of effort, to let them
> push it to trial and fine them $100. And I'm sure
> for that price they will be right back out on the
> tracks.

+1

There's a well documented jury feature which holds that "socially responsible" protests will receive much less blame etc than things which the jury considers reprehensible. It's something a prosecutor always has to consider.

Protesting oil and fossil fuels, stopping an oil train, and opposing "big oil" is socially responsible for many folks. Stopping a train of military equipment in the same location, on its way to Afghanistan would be irresponsible, supporting the enemy etc. The same jury would come to a much more stringent conclusion.

Lackawanna484 Wrote:


>
> There's a well documented jury feature which holds
> that "socially responsible" protests will receive
> much less blame etc than things which the jury
> considers reprehensible. It's something a
> prosecutor always has to consider.
>
> Protesting oil and fossil fuels, stopping an oil
> train, and opposing "big oil" is socially
> responsible for many folks. Stopping a train of
> military equipment in the same location, on its
> way to Afghanistan would be irresponsible,
> supporting the enemy etc. The same jury would come
> to a much more stringent conclusion.


I concur 100%. Factually, you're either trespassing or your aren't. But if you are found guilty, the sentencing is influenced by a wide variety of factors. And, rightly or wrongly, a "protest" would not come off as bad as if a couple of college kids had gotten drunk on the tracks. And I wouldn't be so quick to assume that this person will just automatically go do it again, because one of the factors that weighs heavily at sentencing is a the defendant's prior record.

$100 for criminal trespass is VERY cheap. Should have been at least $500.

MEKoch Wrote:
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> $100 for criminal trespass is VERY cheap. Should
> have been at least $500.

Environmentalist and coal investor Tom Steyer and his buddies could fund a thousand people on the tracks with money in his seat cushions.