Study Guides (238,105)
Canada (114,924)
York University (9,812)
History (129)
HIST 3850 (18)

history3850 final exam notes.docx

22 Pages
Unlock Document

York University
HIST 3850
Patrick J Connor

HIST 3850 FINAL EXAM REVIEW JAN-APRIL 2014 Books: Murdering Holiness: Franz Creffield / George Mitchell (1906) Slasher Killings: Ronald Sears (1946) Issues and Themes: 1. Self- Defence/battered women syndrome 2. Felony Murder 3. Police Conduct- - Police coercion: Ronald Sears in Canada but also Stephen Truscott (1959) - Limiting police actions: Miranda v. Arizona (1966) 4. Moral Panic - The role of newspapers Sears, Truscott 5. Assisted Suicide 6. Expansion of Civil Rights in US (criminal procedures) 7. Wrongful convictions 8. capital punishment Law of Insanity: Insanity defense: In criminal trials the insanity defense are possible defense by excuse, an affirmative defense by which defendants argue that they should not be held criminally liable for breaking the law because they were legally insane at the time of the commission of alleged crimes Daniel M’Naughten (England, 1843) • Was a Scottish woodturner who assassinated English civil servant Edward Drummond while suffering paranoid delusions • Criminal insanity • While in Glasgow in 1841 he complained to various people, including his father, the Glasgow commissioner of police and an MP that he was being persecuted by the Tories and followed by their spies- no one took him seriously believing him to be deluded • 20th January, Prime Mister’s private secretary, civil servant Edward Drummond was walking towards Downing Street from Charing Cross when M’Naughten approached him from behind, drew a pistol and fired at point-blank range into his back • M’Naughten was overpowered by a police constable before he could fire a second pistol • Generally thought: evidence= not conclusive, that M’Naughten was under the impression that he had shot Prime Minister Robert Peel • At first Drummond wounds were not serious, but complications began to set in = Drummond died five days later • M’Naughten appeared at Bow Street magistrates’ court the morning after the assassination attempt, he made a brief statement which he described how persecution by the Tories had driven him to act • The speed and efficiency with which M’Naughten’s defense was organized suggest that a number of powerful people in law and medicine were waiting for an opportunity to bring about charges in the law on criminal insanity • Both prosecution and defense based their case on what constituted a legal defense of insanity • Both sides agreed that M’Naughten suffered from delusions of persecution • The prosecution argued that: in spite of his partial insanity he was a responsible agent, capable of distinguishing right from wrong and conscious that he was committing a crime • The defense argued that: M'Naghten's delusions had led to a break down of moral sense and loss of self-control, which, according to medical experts, had left him in a state where he was no longer a "reasonable and responsible being" • Jury: verdict of not guilty on the ground of insanity Charles J. Guiteau (1880) • Born in Illinois to strictly religious family • Mother died when he was 14 • Tried his hand at law school in NYC but failed • Wandered about the country, as journalist, religious preacher, law clerk • Married but soon divorced • Assassinated US President James A. Garfield, he was executed by hanging • James Garfied- 20th President of the USA, shot in D.C train station on 2 July, 1882, Died on 19th Sept 1881, likely cause of death- infection from doctors probing for the bullet • Insanity defense was considered • Guiteau vehemently insisted that while he had been legally insane at the time of the shooting, he was not really medically insane, which was one of the major causes of the rift between him and his defense lawyers. Valentine Shortis (Quebec, 1895) • Born in Ireland, 14th February, 1875 • Only child of wealthy parents • But did poorly in school, showed no talent for business • So sent to Montreal in 1893 (aged 18) to learn to ‘stand on his own feet’ • Took temporary job with Canada Cotton Company in Montreal but let go • 1 March 1895: factory payday, $12,000 in safe • Shortis visits factory office • Shoots Hugh Wilson, John Loy, Arthur Leboeuf, Maxime Leboeuf • Johny Loy and Maxime Leboeug die, Shorits surrenders • Robbery or insanity? Serial Killers in the City: Common characteristics between serial killers and mass murderers: • 1) multiple victims: usually 3 or more • 2) for the most part, the killer is male • 3) generally the victims are strangers, although mass murderers are more closely connected to domestic homicides, or involve people the killer knows Belle Gunness (1908) • 28 April 1908 • Fire destroys the Gunnes home, 3 children and one adult (Gunness?) perish • Potential suitor, Lamphere arrested as suspect • But: where were Belle’s other suitors • She killed most of her suitors and boyfriends and her two daughters Myrtle and Lucy, she may have also killed both of her husbands and all of her children on different occasions • Her apparent motives involved collecting life insurance, cash, and other valuables and eliminating witnesses • Reports estimated that she killed between 25-40 people over several decades Jack the Ripper (1888) • An unidentified serial killer who was active in the largely impoverished areas in and around Whitechapel district of London in 1888 • The name originated in a letter written by someone claiming to be the murderer that as disseminated in the media • The letter is widely believed to have been a hoax • Attacks ascribed by the Ripper typically involved female prostitutes from the slums whose throats were cut prior to abdominal mutilations • The removal of internal organs from at least three of the victims lead to proposals that their killer possessed anatomical or surgical knowledge • In the mid-nineteenth century, England experienced an influx of Irish immigrants swelled the population of England’s major cities, and eventually Jewish refugees moved into the same area= London’s East End (civil parish of Whitechapel) became overcrowded • Robbery, violence, alcohol dependency were commonplace and endemic poverty drove many women to prostitution • Canonical five o Mary Ann Nichols, 45 (31 August, 1888) o Annie Chapman, 48 (8 September, 1888) o Elizabeth Stride, 44 (30 September, 1888) o Catherine Eddowes, 46 (30 September, 1888) o Mary Jane Kelly, 25 (9 November, 1888) Dr. Henry Holmes (1893) • Was one of the first documented American serial killers • In Chicago at the time of the 1893 World’s Fair, Holmes opened a hotel which he had designed and built for himself specifically with murder in mind and which was the location of many of his murders • He confessed to 27 murders only 4 was confirmed but the body count could be as high as 200 • 1886 worked in a drug store, and eventually owner sold the drug store to him once Mr. Holton died, Mrs. Holton mysteriously disappeared • Purchased a lot across the drug store, where he built a ‘castle’ and was open as a hotel for the World’s Columbian Exposition in 1893 • Holmes repeatedly changed builders during the construction of his castle and so only he fully understood the design of the house • During the period of building construction in 1889, Holmes met Benjamin Pitezel, a carpenter with a past of lawbreaking, whom Holmes exploited as a stooge for his criminal schemes • After the completion of the hotel, Holmes selected mostly female victims from among his employees (many of whom were required as a condition of employment to take out life insurance policies, for which Holmes would pay the premiums but was also the beneficiary), as well as his lovers and hotel guests. He tortured and killed them • Some were locked in soundproof bedrooms fitted with gas lines that let him asphyxiate them at any time. Some victims were locked in a huge soundproof bank vault near his office, where they were left to suffocate.[6] The victims' bodies were dropped by secret chute to the basement,[3] where some were meticulously dissected, stripped of flesh, crafted into skeleton models, and then sold to medical schools. He also cremated some of the bodies • Pitezel had agreed to fake his own death so that his wife could collect on the $10,000 policy, which she was to split with Holmes and the shady attorney, Howe. The scheme, which was to take place in Philadelphia, was that Pitezel should set himself up as an inventor, under the name B.F. Perry, and then be killed and disfigured in a lab explosion. Holmes was to find an appropriate cadaver to play the role of Pitezel. Holmes instead killed Pitezel. Forensic evidence presented at Holmes's later trial showed that chloroform was administered after Pitezel's death, presumably to fake suicide. (Pitezel had been an alcoholic and chronic depressive.) Holmes proceeded to collect on the policy on the basis of the genuine Pitezel corpse. He then went on to manipulate Pitezel's wife into allowing three of her five children (Alice, Nellie, and Howard) to stay in his custody. The eldest daughter and baby remained with Mrs. Pitezel. He traveled with the children through the northern United States and into Canada. Simultaneously, he escorted Mrs. Pitezel along a parallel route, all the while using various aliases and lying to Mrs. Pitezel concerning her husband's death (claiming that Pitezel was in hiding in South America) as well as lying to her about the true whereabouts of her other children Identifying the criminal - CSI technique – science proves as guilty from tv shows people always want to believe science is always right through DNA etc. - Not until the 1940’s could blood types be tested Techniques of Detection - Photography - Anthropometry (the measuring of the human body) - Fingerprints - Lie detector Pictures - pictures of criminals are posted or in newspapers help people recognize them and have them brought in (mug shot) - 1840 France started taking pictures of criminals , tool of representation. The picture was used as a reference to know this person was previously in jail - -police could keep tabs on criminals even if they aren’t in jail anymore - prevented criminals from lying about their names so that they could avoid being charged a second time - -too many pictures, difficult to organize Criminal Anthropology - -Cesaire Lombroso, positivist criminology, believed criminals were born not made - -studied criminals bodies and found common traits - -measured criminals head and features ex. Fingers. - -he believed criminals all had “enormous jaws, high cheeks etc.” - he used scientific measures but they were not scientific Alphonse Bertillon (police official) - -studied habitual criminals - -found pictures difficult to organize, especially if they used fake names and the pictures were in alphabetical order - -suggested to measure the bodies = anthropometery and to identify the criminals by filing and retrieving them by measurements - -in order to prevent inconsistencies the measurements were very specific and made sure that no one could cheat (by curling their toes for example) - -things were measured were least likely to be altered by weight gain or loss - -very long list and exact ways of retrieving measurements Fingerprinting - Dr. Henry Faulds, & Sir William Herschel - "On the Skin Furrows of the Hand." (Nature, 1880) - First used in colonial India as a means of civil, noncriminal identification. - Yet, problems of classification remained. - Dr. Juan Vucetich (Argentina) - Sir Edward Henry – developed workable indexing system, 1902. - Most early investigations also concerned with using fingerprints to illustrate different racial types. - Fingerprints at trial - 1897, Julpaiguri, Bhutan. - Stabbing death leaves multiple suspects, but also bloody fingerprint at scene. - Print matches Kangali Charan, a former servant. - Judge & jury agree it placed him at the scene, but not direct evidence he was the murderer. Convicted of burglery. Lie detector - William Moulton Marston: inventor of the lie detector, and “Wonder Woman” - 1923 murder trial rejects polygraph, as it does not meet the test of accepted science Wrongful Convictions Association in Defence of the Wrongly Convicted “…a non-profit organization edicated to identifying, advocating for, and exonerating individuals convicted of a crime that they did not commit and to preventing such injustices in the future through education and reform Joseph Thomset / George Lowder (1883) st • Rural Prince Edward County, Ontario dec 21 1883 10pm • two disguised intruders attempts to rob home of Gilbert and Margaret Jones • houseguest Peter Lazier shot dead • intruders flee scene • neigbours, including constable, and Aaron Macdonald attempt to follow footprints in snow • trail is confusing and broken in some places but it seems to lead to the home of Joseph Thomset • Thomset claims alibi that he was at the home of George and David Lowder • all three men arrested • case reopened 128 years later and it is believed that the case was a miscarriage of justice, the product of amateur detective work and a rush to judgment by a police chief determined to make his name as a crime buster and by a community bent on revenge. • in 19th century Canada, once the public had decided someone was guilty of a crime, there were few opportunities for changing minds. An accused person was not permitted to tell his or her side of the story by testifying in their own defence and the law did not allow convicted persons a right of appeal.. • As they tramped through the snow carrying lanterns, the searchers left footprints of their own, a confusing pattern of as many as 12 to 15 different boot markings. • Community opinion and outraged may have swayed the verdict “The Lipstick Killer” th • Wiliam Heirens, 17 years old was arrested on june 26 1946 • Gifted University student but also compulsive thief • Tied to hospital bed and tortured by police • Accused of five unsolved murders • Confessed to 3 murders, given 3 consecutive life sentences. • Evidence reviewed in 1952. turned down. • Appeal for clemency in 1965. denied. • Paroled for 1st life sentence in 1966. 2 more to go. • Declared rehabilitated in 1983, ordered paroled. • Public pressure keeps him in prison. • 2007: denied parole for 13th time (14-0 vote) Stephen Truscott (1959) • A Canadian man who was sentenced to death in 1959 when he was a 14-year old student for the murder of classmate Lynne Harper • His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007 when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime • He was scheduled to be hanged on Dec 8th, 1959, however a temporary reprieve on Nov 20 1959 postponed his execution to Feb 16 1960, to allow for an appeal- On Jan 22 1960, his death sentenced was commuted to life imprisonment • On Aug 28 2007- after review of nearly 250 fresh pieces of evidence, the court declared that Truscott’s conviction had been a miscarriage of justice- 2008= the govt of Ontario awarded him 6.5 million in compensation • June 9th 1959- 12 year-old Lynne Harper disappeared, two days later was found raped and strangled with her own blouse • Truscott and Harper were classmates in a combined grades 7/8 class at the Air Vice Marshal Hugh Campbell School located on the north side of the Air Force base. In the early evening of Tuesday, June 9, 1959, Truscott gave Harper a ride on the crossbar of his bicycle and they proceeded from the vicinity of the school northwards along the County Road. The timing and duration of their encounter, and what happened while they were together, have been contentious issues since 1959. • Truscott has maintained since 1959 that he took Harper to the intersection of the County Road and Highway 8, where he left her unharmed. Truscott maintains that when he arrived at the bridge, he looked back toward the intersection where he had dropped Harper off and observed that a vehicle had stopped and that she was in the process of entering it. At 11:20 that evening, Lynne's father reported her missing • June 12, Truscott was taken into custody= he was charged with first degree murder under the provisions of the Juvenile Delinquents Act • On June 30= Truscott was ordered to be tried as an adult= an appeal on that order was dismissed Sept 16= Trial began in the Supreme Court of Ontario- before justice Ferguson/jury Frank Donnelly= Truscott’s lawyer Glen Hays= Crown/Prosecution • Evidence presented= circumstantial • Sept 30= jury/ verdict of guilty with a recommendation of mercy • Sentenced to be hanged= Sept 30 • Jan 21, 1960= Truscott’s appeal to the Court of Appeal for Ontario- dismissed • Government of Canada= commuted Truscott’s sentence to life imprisonment • 1967, May 4: New forensic evidence was presented on his behalf, and Truscott testified before the Supreme Court of Canada, telling his story for the first time. Truscott and 25 other witnesses testified before the Court. After a two week hearing before the Supreme Court, Canada’s top judges ruled 8-1 against Truscott getting a new trial, and he was returned to prison to serve the remainder of his sentence. The Supreme Court stated that “There were many incredibilities inherent in the evidence given by Truscott before us and we do not believe his testimony.” • The joint opinion of Canada’s Supreme Court Justices was: “The verdict of the jury, read in the light of the charge of the trial judge, makes it clear that they were satisfied beyond a reasonable doubt that the facts, which they found to be established by the evidence which they accepted, were not only consistent with the guilt of Truscott but were inconsistent with any rational conclusion other than that Steven Truscott was the guilty person. • Truscott maintained a low profile until 2000, when an interview on CBC Television's The Fifth Estate revived interest in his case. Together with a subsequent book by journalist Julian Sher, they suggested that significant evidence in favour of Truscott's innocence had been ignored in the original trial • On April 6, 2006, the body of Lynne Harper was exhumed by order of the Attorney • General of Ontario, in order to test for DNA evidence. There was hope that this • would bring some closure to the case, but no usable DNA was recovered from the remains. • Also, Karen Daum told police in 1959 that she was looking for turtles in a river when she saw Truscott ride over a bridge on his bicycle, corroborating two other boys who were attacked as liars at the trial. Their statements all supported Truscott's version of events. Daum was not called as a witness in 1959. • Truscott's conviction was brought to the Court of Appeal for Ontario on June 19, 2006. The five judge panel, headed by Ontario Chief Justice Roy McMurtry and including Justice Michael Moldaver, heard three weeks of testimony and fresh evidence. On January 31, 2007, the Court of Appeal for Ontario began hearing arguments from Truscott's defence in the appeal of Truscott's conviction. Arguments were heard by the court over a period of 10 days, concluding February 10. In addition to the notoriety of the case itself, the hearing is also notable for being the first time that cameras were allowed into a hearing of the Court of Appeal for Ontario. Sources of Wrongful Convictions • Mistaken eye witness testimony • False Confessions • Tunnel Vision • Informant testimony • Forensic science • Prosecutorial misconduct • Inadequate defense representation • Media influence Felony Murder - any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. - “If the act be unlawful it is murder. As if A. meaning to steale a deer in the part of B., shooteth at the deer, and by the glance of the arrow killeth a boy that is hidden in a bush; this is murder. For that the act was unlawfull, although A. had no intent to hurt the boy, nor knew not of him. But if B. the owner of the park had shot at his own deer, and without any ill intent had killed by boy by the glance of his arrow, this had been homicide by misadventure, and no felony.” Tison v. Arizona (1987) • The Tison Court applied the proportionately principle to conclude that the • death penalty was an appropriate punishment for a felony murderer who was a major • participant in the underlying felony and exhibited reckless indifference to human life • This case stems from an infamous prison break during the summer of 1978. Gary Tison was serving a life sentence at the Arizona State Prison for killing a prison guard. his songs plotted to break him and his cellmate Randy Greenawalt out of prison • (July 30, 1978) the sons entered the prison for a visit, taking advantage of a policy that allowed an informal picnic setting for weekend family visits, carrying an ice chest packed with revolvers and sawed off shotguns at a lobby guard • Greenawalt helped in the escape by cutting off telephones and alarm systems • They escaped in Donald Tisons car, but the next day one of the tires blew-out- and a family on their way drove by, but their bodies were found dead five days later the eldest Tison son Greenawalt killed the family (Lyonses) whereas the other two arrived afterwards • A shootout occurred when they drove passed a roadblock, and Donald Tison (the driver) was killed at the scene where the others fled on foot • Raymond, Ricky, and Greenawalt were caught but Gary Tison escaped into the desert- but later died of exposure in the desert • Greenawalt and the surviving Tisons were charged with 92 crimes, including four counts of murder The two remaining Tison brothers were tried individually for capital murder in the deaths of the Lyonses • The murder charges predicated on Arizona’s felony-murder statute- which provided that killings that occurred during a robbery or kidnapping were first- degree = death-eligible murder • The Tison brothers were convicted- at separate sentence hearings, three aggravating factors were proved the Tisons had created a grave risk of death to others, the murders were committed for pecuniary gain, and the murders were especially heinous, cruel and depaved The Arizona Supreme Court upheld the death sentences • Then the SC decided Enmund, the Tison brothers brought a collateral attack on their sentences claiming Enmund required the death sentences to be struck down • The ASC rejected this argument, asserting that the dictates of Enmund had been satisfied because the intent requirement of Enmund could be inferred from the fact tht death was a foreseeable result of participating in a dangerous felony • Justice O’Connor, - concluded that the death penalty would be appropriate for a murder like the ones the Tisons had been convicted of if it could be shown that the defendant was a major participant in the underlying felony and had acted with reckless indifference to human life • Later the death penalties for Ricky and Raymond Tison were reduced to life sentences because th
More Less

Related notes for HIST 3850

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.