Is a desire to make a political statement or engage in protest activity not directly related to the law under which defendant was convicted an affirmative defense to prosecution for failure to surrender for service?
MultiRegion, United States of America
The following excerpt is from U.S. v. Richardson, 79 F.3d 1155 (9th Cir. 1996):
United States v. Springer, 51 F.3d 861, 866 (9th Cir.1995) (holding that a desire to make a political statement or engage in protest activity not directly related to the law under which defendant was convicted is not an uncontrollable circumstance and therefore is not an affirmative defense to prosecution for failure to surrender for service).
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