Political Trials and Resource Mobilization: Towards an Understanding of Social Movement Litigation

• Published in: Social forces Vol. 58; no. 3; pp. 944 - 961
• Main Author: Barkan, Steven E.
• Format: Journal Article
• Language: English
• Published: Chapel Hill, N.C The University of North Carolina Press 01.03.1980; University of North Carolina Press
• Subjects: ACTIVISM; Civil disobedience; Civil rights movements; CRIME; Defendants; JUDICIARY; Juries; Litigation; POLITICAL MOBILIZATION; POLITICAL PRISONER(S); POLITICAL PROTEST; Political protests; Politics; Prosecuting attorneys; Protest marches; SOCIAL CLEAVAGE; Social movements; Trial/Trials; Trials
• ISSN: 0037-7732; 1534-7605
• DOI: 10.1093/sf/58.3.944

This paper integrates recent approaches to the study of social movements and of litigation by examining the use of the courts during times of social unrest. Litigation is one of several strategies available to social movements and their adversaries in the struggle for political power. After suggesting the potential and limits of social movement litigation, the paper examines political trials as one form of litigation, locating their origins in attempts to affect the distribution of resources important for the success of protest group efforts. Emphasis is placed on the jury and the press as two distinctive features of American democracy that affect decisions by social movement members to use the courts and also shape subsequent proceedings and outcomes. Finally, the paper discusses several lines of inquiry for future research.