Legal History Commons^™

The Mountain Meadows Massacre Of 1857 And The Trials Of John D. Lee: An Account, Douglas O. Linder

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Called the darkest deed of the nineteenth century, the brutal 1857 murder of 120 men, women, and children at a place in southern Utah called Mountain Meadows remains one of the most controversial events in the history of the American West. Although only one man, John D. Lee, ever faced prosecution (for what probably stands as one of the four largest mass killings of civilians in United States history), many other Mormons ordered, planned, or participated in the massacre of wagon loads of Arkansas emigrants as they headed through southwestern Utah on their way to California. Special controversy surrounds the …

The Trials Of Oscar Wilde: An Account, Douglas O. Linder

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Old Bailey, the main courthouse in London, had never presented a show quite like the three trials that captivated England and much of the literary world in the spring of 1895. Celebrity, sex, witty dialogue, political intrigue, surprising twists, and important issues of art and morality - is it any surprise that the trials of Oscar Wilde continue to fascinate one hundred years after the death of one of the world's greatest authors and playwrights?

The Impeachment Trial Of President William Clinton, Douglas O. Linder

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In 1999, for only the second time in United States history, the Senate conducted an impeachment trial of a President. The acquittal of William Jefferson Clinton on February 12 came as no great surprise, given the near party-line vote on impeachment charges in the House of Representatives leading to the trial. The impeachment saga of President Clinton has its origins in a sexual harassment lawsuit brought in Arkansas in May, 1994 by Paula Jones, a former Arkansas state employee. Lawyers for Clinton argued that the Jones suit would distract him from the important tasks of his office and should not …

An Introduction To The My Lai Courts-Martial, Douglas O. Linder

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Two tragedies took place in 1968 in Viet Nam. One was the massacre by United States soldiers of as many as 500 unarmed civilians - old men, women, children - in My Lai on the morning of March 16. The other was the cover-up of that massacre. On March 14, a small squad from C Company ran into a booby trap, killing a popular sergeant, blinding one GI and wounding several others. The following evening, when a funeral service was held for the killed sergeant, soldiers had revenge on their mind. After the service, Captain Medina rose to give the …

The Black Sox Trial: An Account, Douglas O. Linder

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The players on Charles Comiskey's 1919 Chicago White Sox team were a fractious lot with plenty to complain about. The club was divided into two gangs of players, each with practically nothing to say to the other. Together they formed the best team in baseball -- perhaps one of the best teams that ever played the game -- yet they were paid a fraction of what many players on other teams received. Comiskey's contributions to baseball were beyond question, but he was both a tightwad and a tyrant. The White Sox owner paid two of his greatest stars, outfielder Shoeless …

The Massie (Honor Killing) Trials 1931-32, Douglas O. Linder

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Two dramatic criminal trials, one for rape and one for murder and both involving multiple defendants, forever changed the nature of Hawaiian race relations and politics. Filled with twists and turns and unanswered questions, the trials have all the elements of a good mystery. The second of the so-called Massie Affair trials also closes out the courtroom career of America's greatest defense attorney, Clarence Darrow. No trials ever had a more significant effect on a state's history than those that shocked and shook Hawaii in 1931 and 1932.

The Nuremberg Trials, Douglas O. Linder

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No trial provides a better basis for understanding the nature and causes of evil than do the Nuremberg trials from 1945 to 1949. Those who come to the trials expecting to find sadistic monsters are generally disappointed. What is shocking about Nuremberg is the ordinariness of the defendants: men who may be good fathers, kind to animals, even unassuming - yet who committed unspeakable crimes. Years later, reporting on the trial of Adolf Eichmann, Hannah Arendt wrote of the banality of evil. Like Eichmann, most Nuremberg defendants never aspired to be villains. Rather, they over-identified with an ideological cause and …

The Treason Trial Of Aaron Burr, Douglas O. Linder

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The high-stakes treason trial of Aaron Burr came at an unstable time, both in Europe and in America. The American and French revolutions worried traditional European powers, Great Britain and Spain, who were determined to keep the radical new doctrine from undermining the power of their royalty. Meanwhile, Napoleon's empire-building produced sustained military conflict on the Continent. The United States seemed on the verge of a war with Spain, even as the Administration struggled to preserve neutrality. Americans west of the Alleghenies rejoiced in President Jefferson's acquisition of the Louisiana Territory, but boundary disputes and Spanish prohibitions on Louisiana residents' …

The Trial Of Lizzie Borden, Douglas O. Linder

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"Lizzie Borden took an axe, and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one." Actually the Bordens received only 29 whacks, not the 81 suggested by the famous ditty, but the popularity of the poem is a testament to the public's fascination with the 1893 murder trial of Lizzie Borden. The source of that fascination might lie in the almost unimaginably brutal nature of the crime - given the sex, background, and age of the defendant - or in the jury's acquittal of Lizzie in the face of prosecution evidence that …

The Trial Of Richard Bruno Hauptmann, Douglas O. Linder

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Journalist H. L. Mencken called the trial of Bruno Hauptmann, the accused kidnapper of the baby of aviator Charles Lindbergh, the greatest story since the Resurrection. While Mencken's description is doubtless an exaggeration, measured by the public interest it generated, the Hauptmann trial stands with the O. J. Simpson and Scopes trials as among the most famous trials of the twentieth century. The trial featured America's greatest hero, a good mystery involving ransom notes and voices in dark cemeteries, a crime that is every parent's worst nightmare, and a German-born defendant who fought against U. S. forces in World War …

The Trial Of The Lincoln Assassination Conspirators, Douglas O. Linder

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For President Abraham Lincoln, things looked brighter on Friday, April 14, 1865 than they had for a long time. Five days earlier, General Robert E. Lee effectively ended the long nightmare of the Civil War by surrendering the Army of Northern Virginia, and just the previous day, the city of Washington celebrated the war's end by illuminating every one of its public building with candles. Candles also burned in most private homes, causing a city paper to describe the nation's capital as all ablaze with glory. The President decided he could finally afford an evening of relaxation: he would attend …

The Trial Of Zacarias Moussaoui, Douglas O. Linder

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On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …

The Triangle Shirtwaist Factory Fire Trial, Douglas O. Linder

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It was a warm spring Saturday in New York City, March 25, 1911. On the top three floors of the ten-story Asch Building just off of Washington Square, employees of the Triangle Shirtwaist Factory began putting away their work as the 4:45 p.m. quitting time approached. Most of the several hundred Triangle Shirtwaist employees were teenage girls. Most were recent immigrants. Many spoke only a little English. Just then somebody on the eighth floor shouted, Fire! Flames leapt from discarded rags between the first and second rows of cutting tables in the hundred-foot-by-hundred-foot floor. Triangle employee William Bernstein grabbed pails …

Trial Of The Rosenbergs: An Account, Douglas O. Linder

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The Rosenberg Trial is the sum of many stories: a story of betrayal, a love story, a spy story, a story of a family torn apart, and a story of government overreaching. As is the case with many famous trials, it is also the story of a particular time: the early 1950's with its cold war tensions and headlines dominated by Senator Joseph McCarthy and his demagogic tactics. The Manhattan Project was the name given to the top-secret effort of Allied scientists to develop an atomic bomb. One of the Manhattan Project scientists working in Los Alamos was a British …

The Boston Massacre Trials: An Account, Douglas O. Linder

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Although it has been over two centuries since the moonlit March night in 1770 when British soldiers killed five Bostonians on King Street, people still debate responsibility for the Boston Massacre. Does the blame rest with the crowd of Bostonians who hurled insults, snowballs, oysters shells, and other objects at the soldiers, or does the blame rest with an overreacting military that violated laws of the colony that prohibited firing at civilians? Whatever side one takes in the debate, all can agree that the Boston Massacre stands as a significant landmark on the road to the American Revolution.

The Charles Manson (Tate-Labianca Murder) Trial, Douglas O. Linder

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In the annals of crime, there might never have been a more bizarre motive for killing than that revealed in the 1970-71 trial of four Manson Family members. In the twisted mind of thirty-four-year-old Charles Manson, a wave of bloody killings of high-society types in Los Angeles would be the spark that would set off a revolution by blacks against the white establishment. When blackie, as Manson called black people, proved unable to govern, they would turn to Manson and his tribe of followers, who would have survived Helter Skelter by hiding out in an underground cave in the Death …

The Dr. Sam Sheppard Trial, Douglas O. Linder

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On July 4, 1954, Marilyn Sheppard, the wife of a handsome thirty-year-old doctor, Sam Sheppard, was brutally murdered in the bedroom of their home in Bay Village, Ohio, on the shore of Lake Erie. Sam Sheppard denied any involvement in the murder and described his own battle with the killer he described as bushy-haired. Did Sam do it? It's rare for a murder mystery to endure for over half a century. Almost always, if the mystery is not fully resolved at the trial, subsequent admissions, previously uncovered clues, or more sophisticated forensic tests reveal what the trial did not. Not …

The Haymarket Riot And Subsequent Trial: An Account, Douglas O. Linder

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When an anarchist - whose identity remains a mystery even today - tossed a homemade bomb into a great company of Chicago police at 10:20 P.M. on the night of May 4, 1886, he could not have appreciated the far reaching consequences his reckless action would have. His bomb, thrown in a light drizzle as the last speaker at a labor rally climbed down from the speaker's wagon, set off a frenzy of fire from police pistols that would leave eight officers and an unknown number of civilians dead, and scores more injured. It led to the nation's first Red …

The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder

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A bomb carried in a Ryder truck exploded in front of the Murrah Federal Building in Oklahoma City at 9:02 a.m. on April 19, 1995. The bomb claimed 168 innocent lives. That a homegrown, war-decorated American terrorist named Timothy McVeigh drove and parked the Ryder truck in the handicap zone in front of the Murrah Building there is little doubt. In 1997, a jury convicted McVeigh and sentenced him to death. The federal government, after an investigation involving 2,000 agents, also charged two of McVeigh's army buddies, Michael Fortier and Terry Nichols, with advance knowledge of the bombing and participation …

The Story Of The Court-Martial Of The Bounty Mutineers, Douglas O. Linder

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The true story of the 1789 mutiny on the Bounty is far more complicated than suggested by film versions of the event, which have emphasized the gratuitous cruelty of the ship's captain, William Bligh. The psychological drama that played out in the South Seas starring Bligh, the efficient disciplinarian, and his mate, the sensitive and proud Fletcher Christian, led to, among other things: one of the most amazing navigational feats in maritime history, the founding of a British settlement that continues to exist today, and a court-martial in England that answered the question of which of ten captured mutineers should …

The Trial Of John W. Hinckley, Jr., Douglas O. Linder

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The verdict of not guilty for reason of insanity in the 1982 trial of John Hinckley, Jr. for his attempted assassination of President Ronald Reagan stunned and outraged many Americans. An ABC News poll taken the day after the verdict showed 83% of those polled thought justice was not done in the Hinckley case. Some people - without much evidence - attributed the verdict to an anti-Reagan bias on the part the Washington, D. C. jury of eleven blacks and one white. Many more people, however, blamed a legal system that they claimed made it too easy for juries to …

The Trial Of Sacco And Vanzetti, Douglas O. Linder

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Sacco and Vanzetti: for a generation of Americans, the names of the two Italian anarchists are forever linked. Questions surrounding their 1921 trial for the murders of a paymaster and his guard bitterly divided a nation. As the two convicted men and their supporters struggled on through appellate courts and clemency petitions to avoid the electric chair, public interest in their case continued to grow. As the end drew near, in August 1927, hundreds of thousands of people - from Boston and New York to London and Buenos Aires - took to the streets in protest of what they perceived …

The Trial Of Lindy And Michael Chamberlain ('The Dingo Trial'), Douglas O. Linder

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On August 17, 1980, at a campsite near Australia's famous Ayer's Rock, a mother's cry came out of the dark: My God, my God, the dingo's got my baby! Soon the people of an entire continent would be choosing sides in a debate over whether the cry heard that night marked an astonishing and rare human fatality caused by Australia's wild dogs or was, rather, in the words of the man who would eventually prosecute her for murder, a calculated, fanciful lie. A jury of nine men and three women came to believe the latter story and convicted Lindy Chamberlain …

The Trials Of Alger Hiss: A Commentary, Douglas O. Linder

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No criminal case had a more far-reaching effects on modern American politics than the Alger Hiss-Whittaker Chambers spy case which held Americans spellbound in the middle of the twentieth-century. The case catapulted an obscure California congressman named Richard Nixon to national fame, set the stage for Senator Joseph McCarthy's notorious Communist-hunting, and marked the beginning of a conservative intellectual and political movement that would one day put Ronald Reagan in the White House. Even without its important influence on American political debate, the trials of Alger Hiss for perjury have the makings of a great drama. They featured two men …

The Trials Of Los Angeles Police Officers' In Connection With The Beating Of Rodney King, Douglas O. Linder

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It seemed like an open-and-shut case. The video, played on television so often that an executive at CNN called it wallpaper, showed Los Angeles police officers - as their supervisor watched - kicking, stomping on, and beating with metal batons a seemingly defenseless African-American named Rodney King. Polls taken shortly after the incident showed that over 90% of Los Angeles residents who saw the videotape believed that the police used excessive force in arresting King. Despite the videotape, a jury in Simi Valley concluded a year later that the evidence was not sufficient to convict the officers. Within hours of …

The Trial Of Sir Thomas More: An Account, Douglas O. Linder

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There is much to learn from the story of how the head of one of the most revered men in England, Sir Thomas More, ended up on the chopping block on London's Tower Hill in 1535. Few people in history have faced their trials and deaths as squarely, calmly, and with as much integrity as did More. More's road from his post as Lord Chancellor of England to the Tower of London owes its course to a Bible passage, a marriage of a long-dead prince, and the consuming desire of lustful and vain-glorious King Henry VIII to marry Anne Boleyn. …

The Metamorphoses Of Reasonable Doubt: How Changes In The Burden Of Proof Have Weakened The Presumption Of Innocence, Steve Sheppard

Steve Sheppard

The standard of proof beyond a reasonable doubt is commonly thought to be an important benefit to the accused. The history of the standard is much more complex and demonstrates lesser commitments to the truth and to the defendant.

This article develops the history of the reasonable doubt instruction in the United States and its English antecedents. Examining the development of the instruction in the seventeenth and eighteenth centuries and its evolution through the nineteenth and twentieth, this history reveals the dual nature of the instruction. It both encapsulated a theory of knowledge and articulated a level of confidence in …

The Trial Of Socrates, Douglas O. Linder

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The trial and execution of Socrates in Athens in 399 B.C.E. puzzles historians. Why, in a society enjoying more freedom and democracy than any the world had ever seen, would a seventy-year-old philosopher be put to death for what he was teaching? The puzzle is all the greater because Socrates had taught - without molestation - all of his adult life. What could Socrates have said or done than prompted a jury of 500 Athenians to send him to his death just a few years before he would have died naturally? Finding an answer to the mystery of the trial …

The Trial Of Galileo, Douglas O. Linder

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Galileo Galilei was born in 1564 - the same year that Shakespeare was born and Michelangelo died. From an early age, Galileo showed his scientific skills. At age nineteen, he discovered the isochronism of the pendulum. By age twenty-two, he had invented the hydrostatic balance. By age twenty-five, Galileo assumed his first lectureship, at the University of Pisa. Within a few more years, Galileo earned a reputation throughout Europe as a scientist and superb lecturer. Eventually, he would be recognized as the father of experimental physics. Galileo's motto might have been follow knowledge wherever it leads us. In the 1633 …

The Trial Of Jesus: An Account, Douglas O. Linder

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Providing an account of the trial of Jesus presents challenges unlike that for any of the other trials on the Famous Trials Website. First, there is the challenge of determining what actually happened nearly 2,000 years ago before the Sanhedrin and the Roman prefect of Judea, Pontius Pilate. The task is daunting because almost our entire understanding of events comes from five divergent accounts, each of which was written by a Christian (who did not witness the final days of Jesus directly) for a distinct audience from fifteen (at least) to seventy years after the trial. Second, there is the …