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Murder and Other Crimes lecture.docx

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HIST 3850
Patrick J Connor

Murder and Other Crimes October 1912LectureLynching and the CourtsLeo Frank Atlanta 1914 Frank vs Magnum Frank Dempsey Arkansas 1923 Moore vs DempseyFrank White business manDefinition of Lynching To be put to death especially by hanging by mob action and without legal authorityNo courts are involved in lynching It usually occurred often in late 1880s and ended in 1960s but rarely occurred overtime It became rare beginning in 1930s Factors in decline of violence Economics mass migration of African Americans out of the southSocial conditions must improve if South hopes to retain this valuable labourAlso better law enforcement the reforming activities of white and AfricanAmerican social organizations increasing influence of the federal governmentBetter economic activities found Continuing racial violenceunder white controlLynching and violence in general and black labour was good for the economyOut migration and lynchings 19001909 south loses 176000 and 604 lynching19101919 loses 473000 lynching 44419201929 loses 677000 206 lynchingsPush factor was economical Frank v Magnum 1914 Murder of Mary PHagan National Pencil Factory 27 April 1913Leo FrankJim Conley Said that Frank used office for rendezvous with womenGraduated from Cornell University Went to work in Atlanta Georgia for his uncleFrom time of murder he was a business man and got married Nihgt of the murder frank gave mary the paycheck Trial defence introduces 200 witnesssesProsecution based on anti SemitismConley 16 hrs cross examinationconvince the jury more that frank was guiltyJury deliberates for four hours Frank and his lawyers not present when verdict was deliveredFrank apparently admitted to conley that he did murder and conley helped him dispose the body Conley said that he usually hits on girls in the officeOne statement said frank is nothing but an old jew One said he is filthy and should be hungConley was lying played prejeduce against frankIt was public opinion When the verdict was foundso many people celebrating The judge wasnt certain about franks guilt He was also worried about the mobRquest for a new trial103 membersLawyers believe that only option is for a new trial must be able to overturn the facts of the case but cannot do that within the existing legal structure since facts cannot Georgia supreme courtAppealed to geogia sc arguing that jurors were prejudiced 32 against frankCourt states that judges actions were appropriate and reject defence argument on 3 important points about the juryRequest for new trial based on new evidenceDefence has new evidence about jim conleyThis is result of investigation of detectives hired for frankThis motion is denied and appealed to gerogia sc where it is also denied New motion for verdict to be set asideNew motion states that when the verdict was read the defendant was not present and that this thwas a violation of the 14 amendementth Fed court 14 amendement said that no person shld b denied their life liberty or property without due process of lawOn a writ of Habeas Cropus Defence argumentDefendedant not present at reading of verdict so as to bring about loss of jurisdiction and the nullification of the verdictViolation was due to the action of the court Dominated by mob proceedings to which the presiding judge succumbed this brought about the dissolution of the courtHas right to appeal to federal courts once has exhausted all other appeals at state level Aruguing against these positions were Prosecution asking decision to be over turned wout submitting to court parts of the trial recordGeorgia supreme court has set aside veridcts in cases where hostile demonstrations have impeded deliverance of justice State law determines what is due process of law th 14 means laws operate on all alike and do not subject individual to arbitrary action of govtVerdict should not be set aside on trifling error of judge In the end surpreme court ruled against frank denied appeal Courts decision majority won appeal was based on assumption frank was not given a fair trialThe decision Known as frank v magnum magnum is the jailorWrit of habeas corpus can only be used if the defenedant is held in violation of the constitution What does due process meanthat the law is not repugnant to the constition and is conducted according to the laws of the state Re disorder in courtroom there is a corrective this is appeals processWhere there is no appeals process then this would be violation of due process Federalcoursts should not substitute their judgements for the state courts nor act as oversees of state courtsHowever have duty to see that the prisoners liberty is not taken from him arbitrarily
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