Final Oral

Leo Frank

-1913 considered the most sensation trials of te early 20th century --- North V. South Black V. White Jew V. Christian -convicted of raping 13 year old mary phagan -the case the fueled by several false testimonies and lies in order to cover up that Jim Conely committed the crime - After Franks conviction; kidnapped from jail and lynched

case significance

-6th amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense

Scottsboro Nine

-Fight broke out on frieght train against white and black boys; -the fight was the reported to the stationmaster who reported it to police as an assault by a gang of black boys -the train came to a stop in paint rock, AL where officials took them away -Nine boys were accused of raping 2 girls by the name of Victoria Price and Ruby Bates -Victoria and Ruby falsely accused the boy of rape in fear of being charged with vagramcy and morality (bc didnt have a home) -the case was heard the next day. each were sentenced to death

case:

-Many believed that the brothers conviction would account ad a big victory for the NAACP as well as a gradual downfall of the South's segregation policies. -others believed the conviction of the brothers would weaken or destroy the defense of woman from insult from Negros. -the verdit: not guilty -jury did not think they did it -another was convinced that was not emmetts body

case MD 2

-Michaels mother filed a lawsuit; ordered United K of America to pay 7 mil. -resulted to loss of assets and national headquarters in Tuscaloosa.

lynchings frequently occurred during 1880-1940 -mob justice was common but not limited between the years of 1880-1915ish. -the justice system began to have bigger role in lynchings-- used as a legal justice to convict and sentence

-Most lynchings were under the leadership of a local elite (most common; sheriff) -after they would bring the suspect in they would be quickly "tried" before a judge, small jury (usually selected; sometimes were in the lynch mob) or the whole mob would be in there -in some cases people just took matters into their own hands

Emmett Till

-Murdered in 1955 for whistling at a white woman by her husband and his friends. --They kidnapped him and brutally killed him. his death led to the American Civil Rights movement.

case MD

-did not take long to find; Jessie Jackson and FBI intvestigated lynching. Found the two boys. -Both plead guilty. one was sentenced to life; the other one got death. -Henry Hayes was executed in 1997; he was the first white american to be executed for killing an african american since 1913

case significance

-false testimonies/ accusations -absence of due process and fair trial (jury selection) -jury manipulation -tampering of evidence and also not overturning all evidence of the case

Sam Hose

-newman ga 1889 -dispute broke out over wages. resulted to Cranford being hit in the head with an ax which cause his death days later. wife raped -hose escaped but a lynching mob had already formed in search for him. -the mob was motivated with a reward for who could capture hose alive -After they caught him he was brought back on a train where a lynch mob awated him -forced confession, ear cut off, soaked in kerosene, cut, mutilated and hung by 2,000 spectators

-Lynching is the legal killing of a person under the pretext of service to justice, race, or tradition -It is often referred as hanging; which is closely identified as a generic term of execution without due process

...

Michael Donald

1981 -last recorded lynching -lynched by two kkk members after they wanted to seek revenge to the courts because the jury could not reach a verdict of an african american shooting a white officer . -they believed the jury could not reach a verdict because they were african americans in the jury. - Donald was found walked on the street when the members snached him up and lynched him

conclusion

America has come along way since the reconstruction era.

Most Lynchings did not impliment the due process law and most (if not all) violated several amendments. 4th; illegal entering of home 5th; due process-- cant be denied of legal rights 6th; fair and speedy trial 7th; right to a jury trial 8th; cruel and unusual punishment

Case: Sam Hose 1880 Leo Frank 1913 Scottsboro Nine 1931 Emmett Till 1955 Michael Donald 1981

significance MD

Demonstrated the progress that was reached to fair trials. Nothing violated constitution, the trial was speedy and fair and each party had court representation

what is due process?

Due process is a part of the 5th amendment that states that no citizen can be be denied of their legal rights.

8th amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

significance

lynching of Emmett Till recognized the perseverance of the guilty an the negligence of the victim but the cases outcome provided a valuable lessons and caused gradual change in southern communities. -jury manipulation -unfair trial

case outcome:

no case; mob justice. significance: the unlawful act of justice brought upon the community. -forced into confession, tortured, not given a trial or any type of hearing.