Hundreds of “Moral Monday” protestors were arrested for the same charge and were tried by the same judges. However, didn’t receive the same verdicts.

The reason why some people are convicted and others are not is based on several factors, said Jeremy Leonard, litigation attorney at Hairston Lane Brannon and adjunct Professor at N.C. State.

“A judge may decide that he or she wants to invoke what is tantamount to a ‘jury nullification’,” Leonard said.  “That is when the judge decides that, although it was proven that the protestor broke the law, the judge decides that society would not consider the action a criminal offense.

Judges take into account their opinions and the potential for setting legal precedent when deciding verdicts. 

“Judges have their own opinions,” Leonard said.  “[Some judges] may recall the incident where republican protestors picketed on the capital building a few years ago and the Democratic Party did not have anyone arrested or charged with a criminal offense.”

However, there is also an assumption that conviction rates depend on what judge tries a case.

 Ryan Thomson, a graduate student in sociology, said he is skeptical about this notion.

“Some people seem to think that the charges differ by the judge and granted, this has proven to be influential in the past. Still, it seems somewhat reductionist to not look for a larger pattern,” Thomson said.

Thomson said there’s a possibility that political discrimination is be playing a role in the convictions due to comments made by General Assembly Police Chief, Jeff Weaver.

At the first trial of a Moral Monday protester, Weaver said his department had collected evidence on anarchist activist before the protest. 

However, Thomson said it’s too early to make factual assumptions about the event.

“At the moment there’s no room to declare political discrimination as a reason for convicting some protesters and pardoning others,” Thomson said. “Out of the 900 people arrested very few have seen trial.”

Judges are deciding verdicts without a 12-person jury, so it is up to the judge to make the final decision regarding who is guilty and who is not.  The defendants must be proven guilty “beyond a reasonable doubt,” and therefore the amount of evidence available is crucial in determining the outcome to the case, according to The News & Observer.

The amount of available evidence is an important factor in the outcome of these cases Leonard said. Even the physical distance between the protestor and the officer when he or she was asked to leave could be taken into consideration during the trial, the N&O reported.

The people who were arrested, some of whom are N.C. State students and faculty, are accused of second degree trespassing, a class-three misdemeanor.

In North Carolina, when an officer asks a citizen to vacate an area they are required to by law.  If the protestor wasn’t able to hear the police officer, they cannot be convicted, Leonard said.

Not all people who were arrested during the protests will go to court for their offenses.  According to The N&O, protestors were offered a plea deal in which they have to pay $180 in court costs and do 25 hours of community service to have their charges dismissed.

Thomson chose this route.

“I personally resolved to do the community serve hours which very few people of the 900 plus arrestees have chosen to do,” Thomson said. “I personally felt my efforts within the legislature would be furthered if I was once again allowed on the property. I also enjoy community service so really it was the financial set back.”