Lynch-law; an investigation into the history of lynching in the United States — John Shaqi
Lynch-law; an investigation into the history of lynching in the United StatesCutler, James Elbert
Philosophy
Lynch-law; an investigation into the history of lynching in the United States
Cutler, James Elbert
Lynching -- United States
In general, it may be said that the practice of summarily punishing
public offenders and suspected criminals is found in two distinct types
of society: first, the frontier type where society is in a formative
state and the civil regulations are not sufficiently established to
insure the punishment of offenders; and second, the type of society
which is found in older communities with well established civil
regulations, the people of which are ordinarily law-abiding and
conservative citizens. In this second type of society, recourse to
lynch-law procedure may be had either in times of popular excitement and
social disruption, or when there is a contrast in the population such as
is to be seen in the South between the whites and the negroes, or
against disreputable characters in the community for whose punishment
under the law no tangible evidence can be adduced, or against persons
guilty of committing some heinous offense which on account of its
atrocity and fiendishness is particularly shocking to the community.
In other countries one or more of these conditions has at times existed,
and summary methods of punishment to which lynch-law procedure in the
United States bears a close resemblance have been followed. In the
course of the settlement and development of this country, however, all
of these conditions have existed almost side by side. From colonial
times down to the present day there has been a section of the country
where the frontier type of society was to be found. At the same time
there has been an older, better settled section of the country, forming
a different type of society, where, though the judiciary was well
established and the apprehension and punishment of public offenders was
well provided for in the law, circumstances have arisen of such a nature
that the regular and legal administration of justice was deemed
inadequate or defective, and was therefore disregarded. As will be made
clear in the following pages, lynch-law has been resorted to in the
United States in times of popular excitement and social disruption; it
has been inflicted upon negroes, Indians, Italians, Mexicans; it has
been inflicted upon disreputable characters; it has been inflicted upon
persons guilty of heinous offenses.
Public-domain text, read in full here on John Shaqi.
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