In the United States, the National Lawyers Guild (NLG) owns trademarks only for the words “legal observer”[2] and “legal observer” on a green background. The National Lawyers Guild Legal Observer certification program was launched in New York City in 1968 in response to protests at Columbia University and anti-war and civil rights protests throughout the city. That same year, the guild`s students organized to defend people who were drawn into mass arrests at the Democratic National Convention in Chicago. The NLG Legal Observer certification program requires training of legal observers and is part of a comprehensive legal aid system designed to enable people to express their political opinions as fully as possible without unconstitutional or police interference and with the least possible consequences of the criminal justice system. Legal observers are trained and directed by lawyers from the National Lawyer Guild. The presence of legal observers can have a deterrent effect on unconstitutional behaviour by law enforcement during a demonstration. [3] Some legal observers may also provide assistance to detainees while waiting outside police stations to pick up those who have been released. Legal observers have no formal legal status or privileges, but the police are often aware of their role, and legal observers can act as a deterrent to police misconduct. A legal observer is a neutral third party who observes and records how law enforcement treats people exercising their First Amendment rights at an event — most commonly at marches and rallies. They are not involved in the protest and do not intervene in cases of misconduct. Instead, legal observers wear identification vests and document the activity as evidence that can be used in court. Simply letting law enforcement know they are being watched can significantly reduce the likelihood of illegal or inappropriate policing against protesters.
If you`ve ever attended a protest, you`ve probably seen legal observers. You`ll usually see them in safety vests and take notes on what`s going on. However, many people don`t necessarily know how important this role is or what current threats legal observers see. Are you committed to helping people exercise their speech, opinion, and assembly on the First Amendment? Become a legal observer® and provide cutting-edge legal support. One of the best-known groups of legal observers is Green and Black Cross, a group formed just after the 2010 student protests. They offer training workshops for those who want to become legal observers, as well as other groups such as the Haldane Society, the Network for Police Monitoring, and Black Protest Law (which specifically participate in BLM-related protests to monitor police actions). In this context, it is likely that legal observers will play an increasingly important role in the fight against police violence. The power is in the community, not in the prison state, and the more resources we have collectively, the better off we will be. To participate: Legal compliance is an exciting way to play an important role in any demonstration or protest. However, this task also involves great responsibility. Legal observers are mainly law students, lawyers, or other members of the legal community, as these people are usually familiar with the laws and can identify violations in legal terms. However, anyone can be an effective legal observer with proper training.
If you are interested in legal observation, you must first take legal observer training. The concept of using legal observers is believed to have first emerged during the 1930s protests in London`s East End, where police officers were deployed provocatively during the British Union of Fascists (BUF) protests. [ref. There were large counter-demonstrations and it was claimed that the police had sided with the BUF. Another case of legal observation is that of the Black Panthers in the United States. [ref. needed] Legal observers also do not cooperate with the police. They may sometimes talk to the police to get information, such as plans to free people from a kettle, or reasons to stop and search (although the police may give misleading or false answers), but they will not pass on messages between the police and the activists. Legal observers have a responsibility to protect the fundamental rights to freedom of assembly. This is internationally recognized and their presence should be facilitated. The National Lawyers Guild is the primary resource for preparing legal observers. NLG`s website offers a wealth of information on this topic, as well as a comprehensive training manual for legal observers that explains the roles and responsibilities of legal observers, as well as recommendations for setting up a team of legal observers for your next event.
Why do I need training to become a legal observer? Due to the seriousness of legal oversight, training is required. You will learn the important role of legal observers and how best to document interactions between protesters, counter-protesters and law enforcement. The police may ask questions about the role of legal observers. There is no particular reason why you need to explain your role or tell them if you have a legal background or not. You can state that you are there to supervise the work of the police, that you have been trained as a legal observer, but that you are not (as is sometimes claimed) “promoting business” on behalf of certain law firms. One of the best ways to help the Wisconsin ACLU defend the Wisconsin First Amendment is to become a trained volunteer legal observer. ACLU legal observers are trained volunteers who act as witnesses to police activity during demonstrations, marches, and other public demonstrations, including incidents of police misconduct or violations of protesters` rights. Observers should strive to defend freedom of expression as objectively as possible. This obligation ensures that their documentation of public demonstrations can be effectively used as evidence when police misconduct violates the constitutional rights of protesters and must be challenged in court. The presence of legal observers at a demonstration can also deter illegal or inappropriate police actions against protesters.
The purpose of the observers is to monitor, record and report illegal or inappropriate police behaviour. Legal observers do not actively participate in demonstrations, protests and other events in which they participate, and do not actively engage with law enforcement while observing. This independence from the demonstrations themselves makes observers more credible witnesses and can also protect them from arrests or police violence against protesters. Legal observers were deployed by Liberty (then known as the National Council for Civil Liberties) in Wapping, London, in the mid-1980s. The Wapping protest was a response to the main union protests against media mogul Rupert Murdoch`s industrial relations policies. [ref. needed] If you are interested in training as a legal observer, you can check out future training dates and register here. NLG partnered with the Bureau des Avocats Internationales, the Institute for Justice & Democracy in Haiti and the International Association of Democratic Lawyers to initiate legal observers in Haiti during the May Day 2018 protests. [4] Copwatching is slightly less technical than legal compliance and anyone can join a Copwatch group. Observers are on the lookout for police brutality at all times, not just when a demonstration or protest takes place. However, the goals of reducing police brutality and holding police accountable for their actions against citizens are the same.
They also practice careful documentation of incidents. Contact Green and Black Cross if you are interested in training as a legal observer. In the UK, legal observers are under threat. They fall under Exception 2 of the coronavirus regulations: they are present in an independent and voluntary capacity for the “purpose of working or providing volunteer or charitable services”, which means that they have the legal right to be present and observe the demonstrations. Because they do not participate in protests, they should not be arrested, subjected to violence or punished with prison sentences for their presence. Legal observers are independent of the demonstration and do not participate as activists. They support the protesters by: Legal observers have no special legal status and rarely receive special treatment, but their role is recognized by the UN Human Rights Committee, their presence is considered part of the right to peaceful assembly and they ensure that the right to protest is respected, as protected by Articles 10 and 11 of the European Convention on Human Rights.