Capital Crimes Punishments: the Legacy of Lynching and Racial Riots Essay Example
Capital Crimes Punishments: the Legacy of Lynching and Racial Riots Essay Example

Capital Crimes Punishments: the Legacy of Lynching and Racial Riots Essay Example

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Legacy of Lynching and Racial Riots: The Controversy Surrounding Capital Crimes Punishments

The issue surrounding capital crimes and their punishments has ignited widespread controversy on a global scale, particularly within the United States. Ongoing debates persist, presenting arguments both in favor of and against the death penalty. Furthermore, this contentious discourse extends to the different methods employed to carry out capital punishments, as certain approaches are deemed by some as excessively brutal and lacking humanity. It is essential to acknowledge that capital crimes and their corresponding penalties possess a lengthy historical background. In essence, any crime deemed severe enough to warrant an individual's execution is classified as a capital crime.

Despite ongoing debate, the death penalty has been present in the US for a considerable period. Currently, around 32 states have legislation permitting capital punishment (Deat

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h Penalty Information Center). According to the Death Penalty Information Center (DPIC), capital crimes include aggravated murder and offenses against the state like espionage and treason. The specific criteria for categorizing a crime as capital may vary among states. Like other aspects of the legal system, British immigrants who introduced this practice have influenced how America deals with capital crimes.

After a pause during the Civil War, abolitionist campaigns resumed and new methods of execution emerged. New York became the first state to use electrocution for executions in 1890 when William Kemmler was executed (Becker, Peter, and Wetzell 222). Other states eventually adopted this method. However, between 1907 and 1917, six states abolished the death penalty (with exceptions for first-degree murder and treason), only to reinstate it before 1920. As mentioned earlier, different states have varying criteria for classifying crimes as capital offenses

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or not. Nevertheless, there are federal capital crimes that can result in execution including various types of murder such as drive-by shootings, killings committed by prisoners, gun-related murders during criminal activities resulting in deaths, carjacking leading to fatalities, murder during an attack on federal facilities, murder of federal officers or court personnel, and murder of federal informants or witnesses (Lorraine 50).

Drug trafficking on a large scale is considered a capital crime, similar to acts of terrorism, treason, and espionage (Lorraine 2). The minimum age requirement for applying capital punishment varies among different states. For example, Virginia sets the minimum age at 15, while California, Kansas, Maryland, and Washington set it at 18. In contrast, Idaho, Arizona, and Louisiana do not specify a minimum age for implementing capital punishment (D P I C).

Despite campaigns advocating for abolitionism, many Americans view the death penalty as a proportional response to acts of murder (Bedau, “The Death Penalty in America”). Various methods are approved by different states to carry out the death penalty. These methods include lethal injection, electrocution, gas chambers,hanging,and firing squad.

Lethal injection is the most frequently used method in about 33 states. However,eight states use electrocution,and fewer states employ the remaining techniques.

Advocates for abolishing the death penalty have used various ideologies to support their ideas. One argument highlights the risk of executing innocent individuals as a result of errors in the justice system. Examples exist where executions were later discovered to be wrongful, with defendants being proven innocent. Additionally, doubts surround the effectiveness of the death penalty in deterring crime (Lamperti 2010). Opponents also assert that it infringes upon human rights. Nevertheless, some abolitionists are also troubled

by the methods utilized in conducting these punishments.

The current death penalties for convicts are implemented within the framework of the justice system. However, following the civil war, Southern states experienced an increase in extrajudicial killings that specifically targeted African Americans. The purpose of this essay is to analyze this ruthless disregard for the law and its enduring consequences.

The act of lynching

In the aftermath of the civil war, there was a disturbing surge in incidents of lynching - where numerous individuals were unlawfully executed. This unlawful situation was driven by different factors including racism, competition for resources, and other social influences.

Lynching had a specific focus on African Americans, who were subjected to cruel attacks and torture for crimes they were wrongly accused of. However, it is crucial to acknowledge that lynching also had a significant impact on white individuals. According to the Tuskegee Institute, there were 3,437 lynchings of blacks and 1,293 lynchings of whites from 1882 to 1951 (Frazier 88). Nevertheless, these figures may not fully represent the true extent of the horrors due to limited information in rural areas of the South. Lynching deeply affected race relations between white Americans and recently emancipated African Americans.

Black communities and their neighborhoods experienced fear due to brutal activities such as lynching. Lynching was most prevalent in the southern states, impacting demographics over time and leading to a significant migration of African Americans from the south to the north. The manner in which lynching occurred ensured continued inferiority for African Americans compared to whites, particularly in the south even after emancipation. Law enforcement's ineffective intervention and complacency from the justice system towards these crimes were a result of

the widespread terror inflicted upon black individuals. Lynching can be traced back to the legacy of slavery endured by African Americans for centuries and also stemmed from white individuals' desire in southern states to promote white supremacist beliefs.

Typically, lynching involved hanging or shooting the victims. Some perpetrators went to extreme measures such as castration, burning at the stake, or dismemberment. Others would simply inflict injuries. These barbaric acts were carried out in public. Following their release, black individuals not only experienced violence but also endured exploitation as laws enforced their subordinate status to whites.

The African Americans not only faced a denial of freedoms but also experienced a lack of opportunities and services. It is worth noting that the majority of individuals who committed lynching acts were impoverished whites, often laborers, and not much better off than the African Americans themselves. Consequently, these specific whites saw the African American population as competitors for employment, rather than simply racially inferior.

Overview of Cases

An astonishing 25% of lynching occurrences between 1880 and 1950 were a result of accusations of rape or sexual assault on white women by black individuals. Merely an accusation alone served as 'evidence' justifying the imposition of capital punishment.

No concrete evidence was necessary because the general public believed that consensual sex between a black man and white woman was impossible. In 1906, Ed Johnson, a young African American, had the chance to appeal his conviction for rape. However, his own lawyers dismissed the idea, fearing that he would be lynched by the mob. This fear was justified by previous attempts to lynch him during his arrest. Unfortunately, even the jailers

who secretly tried to help him couldn't save him. He was forcibly taken from prison by a bloodthirsty crowd and hanged and shot to death.

This passage illustrates the ineffectiveness of the justice system when confronted with violent gangs. Many African Americans suffered the same fate. In instances where there were legal procedures, they were often flawed or disregarded by the public. Interestingly, Ed Johnson was exonerated for the crime a century after his death.

The Jim Crow laws played a crucial role in enabling many of these atrocious acts to occur. The Southern states implemented these laws to hinder the progress of African Americans across various areas, as federal intervention was lacking. These laws allowed for the segregation of African Americans and were characterized by their oppressive nature. One of the many things these laws prohibited for black individuals was voting (Tischauser 7).

Marriages between races were forbade, leading to numerous tragedies claiming thousands of lives. However, after 1923, lynching cases began to decrease due to the increased presence of the National Guard, which ensured better law enforcement. Subsequently, legislation was introduced to criminalize lynching, resulting in a further reduction of such incidents. Perpetrators found guilty of lynching crimes could face imprisonment, while states condoning these activities would be subject to fines.

Southern senators unsuccessfully contested the law. Besides lynching for rape or attempted rape, blacks were also accused of crimes such as assault, theft, and robbery. Lynching could also occur if a black person supposedly insulted a white person. This was an incredibly treacherous and challenging time for African Americans living in the South. Additionally, African Americans could be killed for minor offenses like peeping through a

window, dating a white woman, attempting to vote, testifying against a white person, or simply being unpopular (Tischauser 9).

Emergence of riots

As a result of white individuals' determination to hinder African American progress in various areas, entire African American communities became targets of white gangs. Black neighborhoods were attacked, resulting in a significant number of deaths and destruction of property (Voogd 19).

The riots and violence that occurred were similar to the lynching found in Southern rural areas. Although African Americans made efforts to defend their neighborhoods, they suffered higher casualties. In one recorded riot, a young African American drowned in Lake Michigan after being attacked by white children when he entered an unofficial whites-only beach. The Chicago race riot of 1919 was exacerbated by the police's failure to apprehend the suspect responsible for the incident. The police were unable to control the riots and violence, which involved shootings and beatings, and they mostly sided with the white population (Tuttle 18). The riots resulted in the deaths of 23 African Americans and 15 white individuals, with an estimated 500 people injured (Tuttle 4).

According to Sandburg (38), approximately 1000 black families experienced the burning of their homes during this particular riot in Chicago. The turmoil in the city can also be attributed to heightened competition for jobs between whites and blacks following World War I. It is important to acknowledge that Chicago witnessed an increase in its black population during this period as people sought employment opportunities. In response to the aftermath of the violence, suggestions were made to segregate housing and separate whites from blacks in workplaces; however, these proposals were rejected. The race riots were ignited

by various factors encompassing economic, social, and political concerns. Frequently, the riots commenced with white individuals targeting black neighborhoods. Law enforcement agencies failed to control the violence, with reports indicating that rather than quelling the riots, police actually aided the attackers.

Exaggerations and rumors were employed to incite violence, while this period also witnessed the revival of criminal and racist groups such as the Ku Klux Klan (McVeigh 2), a white supremacist organization that had perpetrated numerous lynchings targeting African Americans. In response to these atrocities, African Americans chose to migrate northwards. Additionally, non-violent protests emerged as initial platforms for African Americans to assert their rights and freedoms.

Over time, African Americans began arming themselves and organizing acts of revenge. They started to keep weapons prepared in case of any attacks. It is important to acknowledge that retaliatory violence often resulted in more severe lynchings by whites, given their greater numbers. Nevertheless, black people still believed in the necessity of self-defense, as they doubted the government would ever address their issues seriously (McVeigh 21).

Conclusion and the legacy

The regions that have endured racial discrimination and marginalization in the previous century continue to suffer from its effects. African Americans residing in these areas still encounter elevated poverty rates and restricted opportunities for progress. Additionally, they are disproportionately represented in correctional facilities relative to their overall population.

This is related to racial biases in the justice system, where a black defendant is significantly more likely to receive a prison sentence compared to a white suspect. Presently, there remains a deeply rooted lack of trust due to past instances of crimes occurring during the era of lynching. The enduring emotions of

insecurity and governmental indifference towards safeguarding black individuals endure. The African American community harbors disappointment and skepticism about the government's ability to protect them, leading to an overarching feeling of vulnerability. This continuous scenario is exemplified by movements such as "Black lives matter".

Despite the fact that slaves were emancipated and given freedom more than a century ago, racial tensions and discrimination still exist in the United States. The country continues to face numerous instances of these problems, including cases where black individuals are victims of police brutality. This demonstrates that even though efforts for equality have been ongoing, this challenge remains unresolved. The activism witnessed in the 1950s has significantly decreased, highlighting the need for further investigation into why racist tendencies persist not only in Southern states but also in other parts of the country. Moreover, it is crucial to provide more information to increase public awareness about the extent of this issue.

This should also involve educating the masses of just how evil racism is both to the perpetrator and victim.

WORKS CITED

  • Death Penalty Information Center 2016
  • Does Capital Punishment Deter Murder? A brief look at the evidence by John Lamperti 2010 Bedau, Hugo A. The Death Penalty in America: Current Controversies. New York u.a.: Oxford Univ. Press, 1997. Print.
  • Becker, Peter, and Richard F. Wetzell. Criminals and Their Scientists: The History of Criminology in International Perspective. New York u.a.: Cambridge Univ. Press, 2006. Print.
  • Tischauser, Leslie V. Jim Crow Laws. Santa Barbara, Calif: Greenwood, 2012. Print.
  • Coyne, Lorraine V. Capital Punishment Update.
  • New York: Nova Science Publishers, Inc, 2007. Print.

  • Voogd, Jan. Race Riots ; Resistance: The Red Summer of 1919. New York: Peter Lang, 2008. Print.
  • Tuttle, William M. Race Riot: Chicago in the Red Summer of 1919. Urbana: University of Illinois Press, 1996. Print.
  • Sandburg, Carl. The Chicago Race Riots, July, 1919.
  • Mineola, N.Y: Dover Publications, Inc, 2013. Print.

  • McVeigh, Rory. The Rise of the Ku Klux Klan: Right-wing Movements and National Politics.
  • Minneapolis: University of Minnesota Press, 2009. Print.
  • Chiasson, Lloyd. Illusive Shadows: Justice, Media, and Socially Significant American Trials. Westport, Conn.
    • Praeger, 2003. Print.
    • Frazier, Harriet C. Lynchings in Kansas, 1850s-1932. , 2015. Print.
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