Response to DQ2

The three events that affected the criminal justice system during the post-Civil War period are the electrocution of William Kemmler, Haymarket bombing and the case Lizzie Borden. William Kemmler a convicted ax murder in Buffalo, New York, in 1890 was execution by the use of the electric chair. Kemmler attempted to us the 8th amendment as a pretext against the method of death however, the Court noted that “it is within easy reach of electrical science at this day to so generate and apply to the person of the convict a current of electricity … to produce instantaneous, and therefore painless, death” (Roth, 2011, p. 178-179).  Despite this claim, Kemmler death was not instantaneous or painless.

Kemmler death affected the court system in that it made the court look at the method of death in a more humane way and the eight amendments function in the death penalty. Under the Eighth Amendment people are protection against cruel and unusual punishment. in regards to the 8th amendment the Supreme Court that held the method of using the death sentence had been used for premeditated murder for years and wasn’t a violation of the 8^th amendment. Kemmler death signaled a new phase in the continuing search for a more effective and humane means of execution. One result of the search for a more effective and humane means of execution led to the use of lethal injection with is a mixture of a 3-drug pentobarbital (induce unconsciousness) Pavulon (causes muscle paralysis and respiratory arrest, and potassium chloride (stops the heart) (“Death Penalty”, 2016).

“At Haymarket Square in Chicago, Illinois, a bomb is thrown at a squad of policemen attempting to break up a labor rally. The police responded with wild gunfire, killing several people in the crowd and injuring dozens more” (Riot, 2016). Haymarket riot affected the justice system in that it led to better tactics to be used to control riots and help police responsible for misconduct during a riot.  Riot-control tactics are now designed to disperse the crowd and minimize injuries. Riot unit have the ability to changes tactics at a moment’s notice because of the familiarization with a different situation.

In Fall River, Massachusetts, Lizzie Borden was accused of murdering her father and stepmother with an ax. No witnesses were present however Lizzie and the servant were present at the home of the time of the murder. The focused was immediately on Lizzie due to her cold and unemotional response to the incident. From a criminal justice perspective, the implication of the Lizzie Borden case is that it “demonstrated that an individual has the right not to testify and cannot be used against the defendant and also constitutes a case of “trial by newspaper.” whereby a defendant is castigated” (Roth, 2011, p. 178-179).  The case shined a light on the Fifth Amendment to the United States Constitution in which an individual may not incriminate his or herself on the grounds that the responses will do so. “If, by answering, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse” (Portman, 2016). The criticizing Lizzie Borden made the justice system aware of the impact of media coverage on an individual’s character and reputation. The case shows how the perception of innocence and guilt can affect a verdict.

References:

Roth, M. P. (2011). Crime and punishment: A history of the criminal justice system (2nd ed.). Belmont, CA: Wadsworth Publishing.

“Death Penalty”, (2016). State by State Lethal Injection | Death Penalty Information Center. Deathpenaltyinfo.org. Retrieved 6 July 2016, from http://www.deathpenaltyinfo.org/state-lethal-injection

Riot, T. (2016). The Haymarket Square Riot – May 04, 1886 – HISTORY.com. HISTORY.com. Retrieved 6 July 2016, from http://www.history.com/this-day-in-history/the-haymarket-square-riot

Portman, J. (2016). 5th amendment | Nolo.com. Nolo.com. Retrieved 6 July 2016, from http://www.nolo.com/legal-encyclopedia/your-fifth-amendment-right-against-self-incrimination.html