New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here


by: Trace Beier


Trace Beier
GPA 3.69

Roberta St Pierre

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Roberta St Pierre
Class Notes
25 ?




Popular in Course

Popular in Sociology

This 21 page Class Notes was uploaded by Trace Beier on Tuesday October 13, 2015. The Class Notes belongs to SOCL 4471 at Louisiana State University taught by Roberta St Pierre in Fall. Since its upload, it has received 6 views. For similar materials see /class/222556/socl-4471-louisiana-state-university in Sociology at Louisiana State University.

Similar to SOCL 4471 at LSU




Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 10/13/15
Sociology of Law Marx amp Durkheim Marx 8 the Economy 0 Economic Base gives structure to superstructure 0 Relations of production 39 Bourgeoisie capitalists 39 Proleta riat workers 0 Means Forces of production causes alienation I Raw materials 39 Technology 39 Organization 39 La bor power 0 Superstructure acted on base afterTriangle Fire working regulations 0 Law 0 Politics 0 Institutions education religion etc o Ideology o Triangle Fire examples Alienation from 39 rquuLL I self 39 me Durkheim 8 social solidarity y I 39notime in quot39 r source of basic needsjust to strike for better conditions may maoe in factories 39 Process women seamstresses had no control of rate of production hours etc 39 self bc ofdevotion to work hours LU wuikaLTriangle 39Lhe only Simple Division of Labor Complex Division of Labor Mechanical Solidarity o Primaw institution Familyamp religion 0 No ility ependent on birthright o Collective cooperation obligation to group 0 Religion over evewth39ng 0 Related by strict social duties 0 Little individual autonomy 0 Little private life Organic Solidarity o Specializations of institutions 0 Nobility dependent on selfmade person 0 Interdependency of occupations o Secularization religion recedes Related by contract 0 Maximization ofindividualautonomy 0 Private amp public life is separate Repressive Law 0 Criminal law 0 Violation against group as whole 0 Punishment penal qualitativequantitative o Pur o esene vitality of collective rules reaffirm core beliefs mobilize collective response 0 Sanctions punish through lossdeprivation Restitutive Law 0 Civil amp criminal law administrative procedural constitutional etc o Punishment contract bloodreal 0 Purpose restore relationsto how they were before offense bind people by contractual obligations 0 Sanctions stop offending act compensate for harm Collective Conscience Ubiquitous believed in with great intensity unforgiving and highly religious Collective Conscience Heterogeneous more tolerant and forgiving more secular quotmoral individua Ism Crime according to Durkheim act that offends collective conscience Durkheim39s Contracts Solemn Ritual through the declaration of words through ritualistic or ceremonial traditions quotpromisequot 0 Words are binding 0 Society is extremely religious God is 3rd party 0 Examples marriage in a church elected official taking office testifying as a witness Consensual modern Contract combines real contract and solemn ritual o Involved inheritance but treats people as ifthey are on a level playing ground 0 Use of words 3rd party is the government 0 Cannot be coerced into contract 0 Just Contract when things that arejust and exploitable are exchanged at market price 0 Inheritance creates uneven playing field I Solution give it away get rid of it I Property and labor are separate 0 Examples sick leaves health benefits etc Weber39s Forms of Political Domination TRADITIONAL LEGALRATIO NAL CHARISMATIC PrinciPieS Used toiustifv Continuity of sacred 0 Legally enacted rules Emotional bedienc tradition define right of superiors attachment to Hereditary leadership to hold office leader based on their quotgi s Characteristic Political and Subs are personally Bureaucracy Sacrifice and administrative fixtures dependent on ruler 0 Person amp office are commitment to o No separation separate collective mission between person and o Hierarchy based on Discipleship no office merit rules fluid Impersonal power StI39UCtUI39e Chronic tensions No check on power 0 quotiron cagequot where 0 Movement will 0 Limitations to size of efficiency and expertise collapse after ruler39s domain are more important death than ultimate value Follower defect Traditional authority 0 Justification l39it has always been that wayquot 0 Right to rule is determined by lltinship o Precarious in 2 ways I Internal paradox ruler39s authority is constrained bytradition but within those constraints those obligations of personal obedience tend to be essentially unlimited I Traditional authority is limited in scope larger domain more difficult to assume loyalty LegalRational authority 0 Modern in sense that obedience is oriented to a faceless and abstract system of rules and principles 0 Rulers delegate authoritythrough chain of command 0 2 broad points I Rules are intentionally enacted according to legitimate procedures I Obedience is impersonal 0 Administrative form bureaucracy Charismatic authority 0 Rests on devotion to exceptional sanctity heroism or exemplary character of an individual person O Leaders stand apart from mundane world quotrevolutionaryquot o Combines elements of traditional and legalrational I Leader bases claim to authority on quotnaturalquot mental and physical gifts traditional I Tie between leaders and followers are personal and deeply felt o Unstable Weber 8L Law Four meanings to identify rational law 0 Based on written rules 0 Rules are systematically organized codified 0 Based on interpretation of rules and principles 0 Legal decisions must be made using intellect Formal law places emphasis on procedural rulesthat define terms of contest in waysthat promote formal equality between contestants Substantive justice criteriastandards outside the law FORMAL SUBSTANTIVE IRRATIO NAL Law separated from other aspects of social life 0 No boundary between law and other aspects 0 Procedures are ritualized and elaborate of life Judges have no specialized training ethical maxisms and ad hoc analogies traditional charismatic jury nullification RATIONAL Legal order autonomouspreadministered Legal order is subservient to religious or 0 Legal rules are systematically organized political order around abstract principles 0 Rules systematically organized around extra 0 Apply abstract principles to concrete cases to legal principles settle disputes Procedures oriented toward achieving Procedures oriented toward finding truth religious ethical or political goals Ex legalrational continental European systems Ex traditional legalrational Canon Law theocratic consensual modern contract law equitable just contract affirmative action Formal irrational use of oracles or magic to settle disputes 0 Formal disputing parties bound to detailed ritual rules 0 Irrational ritualized judgments can39t be controlled by intellect Formal rational legal system operates like a technically rational machine 0 Key norm is predictability Substantive irrational judgments based on idiosyncratic mixture of popular wisdom ethical maxims political priorities and emotional connections 0 Substantive no effective boundary between legal domination and other aspects of life 0 Irrational no use of abstract generalization no attempt to relate onejudgment to another in a systematic intellectually sensible way Substantive rational oriented towards values and goalsthat lie outside the legal order proper o Substantive law isn39t distinguished from politics or administration 0 Rational person ofthe ruler recedes from everyday dispute settlement in favor of a consistent set of rules Disputes settles on bases of popular wisdom Ex oracles 10 commandments solemn ritual contract Ex traditional charismatic kadijustice King Solomon The Execution of Willie Francis Cast of Characters Foster camp captain Governor Davis Tureaud amp Thornton NAACP attorneys Venezia apprentice of Chief elec Lt Governor Vertrhet Van Brocklin AT39s neighbors Bazer warden Judge Simon 16thJudicial Court Thomas victim Sherrif Resweber St Martin Pecot DA for 16 Judicial Court Francis relator Dept Sheriff nogiseu Fusilier St Martin LeBlanc attorney general for Louisiana Michel hanged Sheriff Ozenne Iberia MestayerampParkerson WF39s def attorneys Branch sister asked Tureaud Goldsmith Chief of Police in Port Arthur DaBIanC WF39S dEfense attorney De nitions 8 Laws of Louisiana Indictment forma charging document by grand jury Arraignment pretrial proceeding where defendant pleas guilty or not guilty Writ of hbeas ha 5 of39 g 39 of Writ of certiorari asking Supreme Court to review the decision of a lower court all documents sent up Writ of mandamus higher court demands lower court or official to do something it has neglected to do Writ of prohibition higher court demands there be a cease of action because they are outside jurisdiction 0 Bill of exception statement of objection made by a party to put on record for appellate court must be signed by judge hearingthe case amp made beforejury reaches verdict Article 74030 mandatory death penalty 0 Article 56950 execution protocol warrant Article 1 o Section2 death penalty amp equal protection 14th Amendment due process 0 Section 9 doublejeopardy 5th Amendment 0 Section 12 cruel amp unusual punishment 8th Amendment 0 Article 5 Section 10 pardons and sentence commutes with approval of Pardons Board Background 0 Louisiana hung people until 1941 had quotGruesome Gertiequot until 1957 then made all electrocutions be done at LSP Economy slavery9 quasifeudal 9 industrial capitalism Relation of productions oil company vs land owners oil company workers vs cane field workers 0 Cultural clashes between Baptist English speakers and Roman Catholic French speakers C hronology Nov 8 3944 Thomas body discovered Aug 3 3945 Francis mistakenly arrested confesses to robbery and killing 0 Sept 6 45 Francis indicted for murder 0 Sept 13 3945 jury convicts Francis sentenced to death on 914 by Simon 0 May 3 3946 1St execution of Francis unsuccessful reprieve until 59 0 May 7 3946 DeBlanc files for writ of HC to 16m JDC denied files for writs of HC P M and C with LASC May 8 3946 Tureaud and Thornton file for writ of HC to 16thJDC denied LASC ChiefJustice O39Neill asks for reprieve until June 7 granted by Verret May 9 3946 Tureaud and Thornton file petition for same 4 writs LASC schedules hearings May 14 3946 DeBlanc files supplemental petition invoking 14th 5th amp 8th Amendments 0 May 15 3946 Unanimous LASC decision to deny all writs Case 2161 State ofLA v Willie Francis 1945 Location 16thludicial District Court Confessions killing Thomas robbing Smith Charged with stealing Deputy Fusilier39s pistol shooting Thomas Stimes and selling Thomas watch in New Iberia quotPhysicalquot evidence Thomas watch and wallet murder weapon bullets 0 Either lost or sold except wallet 0 Crime scene destroyed by neighbors passers Van Brocklin39s testimony quotThomas39s car had been parked in front of his house with the lights on before gunshots were heard Neglected defenses o No ballistics report of fingerprints taken 0 Inconsistencies and errors in Willie39s differing confessions dates diction confessed act 0 Ida Van Brocklin39s testimony vs Willie39s he claimed to have waited in garage for Thomas Questions not asked 0 Why would Francis kill Thomas o How would Francis steal a deputy39s gun and learn to shoot it 0 Was Francis hired or coerced to confess or kill 0 What means of transportation did Francis take to crime scene and to flee Convicted of murder sentenced to death on May 3 1946 State eX rel Francis vs Resweber Supreme Court says second electrocution will not be cruel amp unusual punishment 0 There is no evidence that an electric current reached Francis 0 No one else knows except the readers of the book that he executioners were drunk Court denied that double jeopardy applied to this case With the exception of the 5m and 14th federal amendments didn39t apply to states Court decided to deny the writs The Execution of Willie Francis Marx s Structure of Society A Infrastructure a Mode of Production 1 Slavery to QuasiFeudalism sharecropping tenant farming 2 QuasiFeudalism to Industrialization oil industry ii Forces of Production 1 Means of Production a Changes in natural resources technology etc as the Mode of Production changes 2 Human input into Production a As you move from Slavery to QuasiFeudalism to Industrialization input will change also 39 People will want to better themselves so they can work for the industry Skills from one work will carry over and help in the next line of work 1 Land owners are feeling threatened by oil industry because there is a competition for labor since the oil industry will pay for labor iii Relations of Production 1 Changes in those who own and those who don t own the Means of Production a Masters owners vs Slaves property b Quasi Lords land owners vs Quasi Serfs sharecroppers c Oil Company owners vs Workers those who sell their labor B Superstructure a Law i Le Code Noir Black Code Slave Code to Jim Crow Laws b PoliticsGovernment i 1835 Louisiana builds its first penitentiary 1 18441901 inmates were leased out for labor in order to maximize the profit of the lessees 2 1869 lease goes to Samuel James owner of a former cotton plantation 3 1901 state resumes control of inmates gets the lease back ii Need to understand 1 PreCivil War jails and prisons essentially were Whites only 2 PostCivil War situation changes and majority of inmates are Blacks 3 Louisiana Pen becomes the worst and bloodiest in America c Culture i 1755 the British forcibly expelled the Acadians from Nova Scotia 1 Many were coming to a place where African slaves were being imported since early 17005 a Formed alliance with either Whites French aristocrats and Creoles even though they could relate more with the African slaves i Hierarchy 1 Acadians were lower than French aristocrats and Creoles but a little higher than African slaves Story of Willie Francis A 110844 a Andrew b Thomas AT is murdered at midnight i By afternoon Dr Younge the coroner and the Coroner s Jury of 5 people helps determine the cause of death and whether or not it was a natural death ii Van Brocklins testify 1 Alvin got woken up by the sound ofa gun shot 2 Ida saw a car outside with the lights on c Coroner s Report i 5 bullet wounds by a 38 caliber fired by a pistol or rifle by one or more persons ii Motive was determined as a robbery because the pockets were turned inside out and no wallet was present d Investigation by Sheriff Resweber St Martin Parish and Chief of Police Claude Goldsmith and AT s brother i Recovers bullet shells B July of 1945 a Sheriff Resweber tells Chief of Police Goldsmith Port Arthur about AT s murder i 8345 just by sheer coincidence Goldsmith arrests Willie Francis on drug charges and interrogates him 1 Finds AT s wallet and ID 2 Willie Francis confesses C 8445 a Resweber escorts Francis to Louisiana i Acquires Confession 2 which is completely different than Confession 1 1 Confession 1 deals with the physical evidence a Stole gun from Deputy Fuesliey b Took D watch and wallet c Threw gun away 2 Confession 2 how Francis killed AT a Francis shot AT 5 times after exiting the garage i Ida s testimony becomes crucial because whose car was outside b Francis was transferred to the New Iberia jail because St Martinville s was not secure D 9645 a Francis is indicted for 1st degree murder of AT i Indictment formal charging document issued by a grand jury b Francis is arraigned i Arraignment proceeding in which the defendant enters a plea 1 Francis pleads not guilty c The court is within the 16 h Judicial District Court i Judge Simon 1 Appoints 2 attorneys to represent Francis a Parkerson and Mestayer ii District Attorney Pecot d Francis attorneys wants to change his plea to guilty but that would insure him to get the death penalty E 91245 a Trial begins State vs Willie Francis i We don t know everything since there was no transcript requested 1 lltrial ran in abysmal darknessquot ii Goldsmith testifies 1 Includes Confession 1 iii Confession 2 is emitted iv Parkerson and Mestayer didn t do their job b 91345 trial ends c 91445 verdict is reached as guilty with the sentence being execution by electrocution F 32946 a Governor Davis sets execution date i 5246 Foster and Venezia transport electrocution chair to St Martinville 1 Venezia is a prisoner a trustee he is the assistant to Ensault Chief Electrician Iquot Foster is there because the official executioner is not there 3 Warden Bazer is not there because her is at a meeting with Gov Davis b Foster and Venezia i Begins bar hopping starting with the Green Lantern 1 Etie the owner accompanies them around their adventure c History of Louisiana Execution i Up until 6141 death by hanging was the official execution in Louisiana 1 Changed to electrocution afterwards a A powerful current of electrical charge passes through the body of the said person until the person is deceased ii 1957 Gruesome Gurtie is permanently installed at Louisiana State Penitentiary at Angola iii 1991 the method of execution is by lethal injection in Louisiana G 5346 a Sheriff Ozenne transports Francis i Father Rousseve takes the predeath photos of Francis in the chair b Francis does not die as expected i Foster calls Davis to tell them they screwed up 1 Attorney General LeBlanc reschedules the 2nd execution to 5946 c 5446 Francis father Fredrick hires Bertrand deBlanc to represent his son i This is interesting since Bertrand s grandfather was the founder of the Knights of the White Chameleon an White supremacy organization that is much like the later KKK H 5746 a Bertrand files petition for writ of habeas corpus with the 16 h Judicial District Court since the state of Louisiana failed to properly execute Francis and they have no right to continue to hold him i The presiding judge Simon denies petition for writ 5846 a Bertrand files an appeal to the Supreme Court of Louisiana i Tureaud and Thornton are 2 attorneys from the NAACP who also files an appeal and petition of writ that Francis sister hires J Louisiana Supreme Court a Code of Criminal Procedure CCP i 569 pertains to the means of execution 1 Electrocution ii 570 pertains to where the execution takes place and who is present during the event b Writs Orders 39 Prohibition an order that prohibits stops another from doing an action Habeas Corpus petition to release a prisoner from custody iquot Mandamus Latin for quotwe orderquot we order for you to do something iv Certiorari an appeal that orders the lower court to send all documents to the higher court c Louisiana Constitution with Constitutional Counterparts Art Sec 2 14 h Amendment due process and equal protection Art Sec 9 5h Amendment prohibition of Double Jeopardy Art Sec 12 8 h Amendment no law shall put a person through cruel excessive and unusual punishment iv Art V Sec 10 with the recommendation from the Board of Pardons the Governor has the authority to pardon relieve or to commute change the sentence a prisoner has d Note even though there were no irregularities within the court during the course of the State vs Willie Francis trial there was no transcription for the trial which will lead to major gaps Also Francis former attorneys Parkerson and Mestayer did not file a Bill of Exceptions i Bill of Exceptions a formal document that serves as a purpose of an appeal that can be brought by either sides K NAACP and Ozenne a NAACP i Some NAACP members wanted technical schools for welding 1 Blacks only had a maximum education of 6 years a Francis only has 3 years worth of education ii Wanted to recruit members of their community to help promote the awareness of the Right to Vote for Black b Ozenne i When some members of the NAACP were recruiting others for supporting Blacks to have the right to vote Ozenne et al kicked people out of town and even went to the extreme of killing a man However instead of keeping the incident of the hushhush Ozenne boasted about his actions and was soon brought to the Supreme Court of Louisiana in New Orleans while under investigation of the FBI Ozenne was never indicted for the account of the murder to Test 3 A Board of Pardons a DeBlanc makes an appeal to the Board of Pardons to commute Francis sentencing i Board of Pardons members 1 Attorney General LeBlanc 2 Lt Governor Veret 3 Presiding trial judge Simon b State s Witnesses i Warden Bazer ii Dr Younge the coroner iii Executioner 1 Foster iv Executioner 2 Venezia v Chief Electrocutioner Ensault vi Sheriff of St Martinville Resweber vii Sheriff of Iberia Ozenne viii District Attorney Pecot c Unlike at the trial there is a full transcript during this meeting d Testimonies i Out of the blue Bazer informs the Board that Texas has experienced the same difficulties in execution but killed the prisoner a week later 1 Basically saying that this may be new to Louisiana but it has happened before ii Dr Younge tells the Board about witnessing the execution and examining Francis after the first attempt 1 He didn t pay Francis any mind just checked his heart iii Foster and Venezia testifies that Francis did not get shocked the electricity shocked the ground iv Resweber testifies telling the Board about Goldsmith and the crime he arrested Francis for assaulting Williams and that there s a warrant out for his arrest in Texas 1 Even if Francis is set free in Louisiana he still has to be turned over to Texas 2 Tells Tureaud that Francis was voluntarily helping them find the evidences 3 Was surprise that Francis was only 15 4 Told the Board Francis gave to names for accomplices but those names were not accredited 5 There is a discrepancy in the killing timeframe since it was told Francis was waiting for 3 hours by the garage when in actuality it was on 30 minutes v Since he has a college degree in psychology Ozenne was asked if Francis seemed normal and states that he is quite normal excluding his stuttering issue 1 When asked if Francis ever denied that he killed AT and answered no a But he did write on the wall that he killed AT on accident and it would ve happened only once in a life time Confession 3 2 When asked if Francis said he had any accomplices he said no a But he previously said yes vi Pecot tells the Board that 2 months prior to the murder Feusiler reported that his gun was stolen out of his car 1 When asked about the trial itself he answered that no witnesses testified the van Brocklins testified at the Inquiry but not the trial and the defense didn t file a Bill of Exceptions e DeBlanc s Argument i States that a second execution would violate the 5 h double jeopardy and 8 h cruel and unusual punishment Amendments ii Presents 6 affidavits about the issue as to whether or not a current passed through Francis body 1 Reweber 2 Rousseve 3 Doucet 4 Dupois 5 And 2 other people Informs the Board of stories where the same incident happened but prisoner s sentence was commuted showing the Board that they don t have to kill Francis iv Makes a moving speech due to the fact he doesn t think the Board is going to vote in his favor 1 3 days later the Board makes a unanimous decision not to commute Francis sentence B United States Supreme Court a DeBlanc telegraphs Wright to file a writ of certiorari on the day the commute was denied i Writ was granted b DeBlanc and Wright were able to perform a Briefon the Merits C i Argues that a 2nd execution would be in violation of the 14 h Due Process Amendment because Francis would be subjected to double jeopardy 5 h Amendment thus undergoing an execution that is cruel and unusual punishment 8 h Amendment Appends the 6 affidavits 1 This is a big NONO because they were not part of the previous 2 trials 16 h JDC and Supreme Court of Louisiana only part of the Board of Pardons They asked that the 5 h and 8 h Amendment shall be applied to the state of Louisiana for this case DeBlanc states that the trial was a farce and Francis previous 2 attorneys were ineffective since they help strip Francis right to due process 14 h Amendment and that the court was irregular i Refers to the Powell v AL 1932 incident when a man didn t receive his lawyer until the morning of the trial ii Irregularities within the trial 1 No motion for a change in venue during the 2nd trial 2 No stenographic record 3 No appeal a Bill of Exceptions 4 No defensive evidence introduced DeBlanc asks the United States Supreme Court to reverse the Supreme Court of Louisiana s decision of denying the writs and to do 1 of 3 things i Order a retrial 1 To remand the trial back to the 16 h JDC ii Return the case for resentencing back at the 16 h JDC iii Release Francis Pecot DA and Culligan Assistant Attorney General responds to the Briefon the Merits with a Brief of Opposition f g h iv The 5 h and 8 h Amendment does not apply on state level and the trial should only be based on the 14 h Amendment Louisiana has the right to impose sentencing upon convictions which was death for 1st degree murder 1 The Governor is required to see the sentencing out so a 2nd execution is justified since Francis remains unexecuted The trial s irregularities and ineffective counsel were not raised in the Supreme Court of Louisiana and have no business being raised now 1 The Powell v AL trial doesn t pertain to the Francis trial since Mestayer and Parkerson were alert and aggressive with outstanding legal ability and had 6 days of preparation 2 Judge Simon is an astute and conscious judge so there s no justification for remand for retrial Appends the entire transcript from the Board of Pardons 1 This was an even bigger NONO Reply Brief 2quotd execution would deny Francis equal protection 1 Which means he would be treated differently from others Justices cast their vote on 112336 First it was 63 but changed to 54 The Supreme Court will apply the 5 h and 8 h Amendment to this one case to Louisiana Justice Reed s Opinion Uses the ruling of the Palko v CT 1937 case in concern of double jeopardy 1 Convicted of 2quotd degree murder in one trial and 1st degree in another Palko appealed to the United States Supreme Court but they ruled against double jeopardy 2 llAs this is a prosecution under state law so far as double jeopardy is concerned the Palko case is decisive For we see no difference from a constitutional point of view between a new trial for error of law at the instance of the state that results in a death sentence instead of imprisonment for life and an execution that follows a failure of equipment When an accident with no suggestion of malevolence prevents the consummation of a sentence the state39s subsequent course in the administration of its criminal law is not affected on that account by any requirement of due process under the Fourteenth Amendment We find no double jeopardy here which can be said to amount to a denial of federal due process in the proposed execution Says that the accident preventing the execution will not count as cruel and unusual punishment 1 In re Kemmler 1890 was the first person to be executed by electrocution in NY and the US a Doesn t violate the 8 h and 14 h Amendment i Death doesn t have to be painless it s purpose is not intended to be cruel 1 Justices will reject the notion that a 2nd execution will violate the 8 h and 14 h Amendments Iquot The cruelty against which the Constitution protects a convicted man is cruelty inherent in the method of punishment not the necessary suffering involved in any method employed to extinguish life humanely The fact that an unforeseeable accident prevented the prompt consummation of the sentence cannot it seems to us add an element of cruelty to a subsequent execution There is no purpose to inflict unnecessary pain nor any unnecessary pain involved in the proposed execution States laws cannot prevent accidents thus ruling out the 14 h Amendment 1 Laws cannot prevent accidents nor can a law equally protect all against them So long as the law applies to all alike the requirements of equal protection are met We have no right to assume that Louisiana singled out Francis for a treatment other than that which has been or would generally be applied In response to an ineffective counsel 1 Nothing is before us upon which a ruling 329 US 459 466 can be predicated as to alleged denial of federal constitutional rights during petitioner39s trial On this record we see nothing upon which we could conclude that the constitutional rights of petitioner were infringed Justice Frankfurter s Concur The notion that the Privileges or Immunities Clause of the Fourteenth Amendment absorbed as it is called the provisions of the Bill of Rights that limit the Federal Government has never been given countenance by this Court In short the Due Process Clause of the Fourteenth Amendment did not withdraw the freedom of a State to enforce its own notions of fairness in the administration of criminal justice unless as it was put for the Court by Mr Justice Cardozo 39in so doing it offends some principle ofjustice so rooted in the traditions and conscience of our people as to be ranked as fundamental39quot the compulsion of such a principle this Court must abstain from interference with State action no matter how strong one39s personal feeling of revulsion against a State39s insistence on its pound of flesh 1 He personally opposes the death penalty but he will not let hold any biasness to his decision 2 States that nothing is out of order because Louisiana doesn t have a Chief Executive who can the outcome iv llSince I cannot say that it would be 39repugnant to the conscience of mankind39 Palko v State of Connecticutfor Louisiana to exercise the power on which she here stands I cannot say that the Constitution withholds itquot v Frankfurter affirms the decision but for a different reason 1 He doesn t believe the 5 h and 8 h Amendments should be applied to the state j Justice Burton s Dissent i Wonders if the 1st electrocution was even an accident 1 llt does not provide for electrocution by interrupted or repeated applications of electric current at intervals of several days or even minutes It does not provide for the application of electric current of an intensity less than that sufficient to cause death It prescribes expressly and solely for the application of a current of sufficient intensity to cause death and for the continuance of that application until death results 2 llAlthough the failure of the first attempt in the present case was unintended the reapplication of the electric current will be intentional How many deliberate and intentional reapplications of electric current does it take to produce a cruel unusual and unconstitutional punishmentquot 3 llLack of intent that the first application be less than fatal is not material The intent of the executioner cannot lessen the torture or excuse the result It was the statutory duty of the state officials to make sure that there was no failure ii Disobeyed Vinson and read the transcripts and affidavits 1 llThat counsel for both sides recognize the materiality of what occurred on May 3 1946 is demonstrated by the affidavits and the transcript of testimony which they took from available public records and called to the attention of this Court by publication of them in connection with their respective briefs in this Court C Justices Frankfurter and Black a Frankfurter and the Judicial Restraint i Judicial Restraint the US Supreme Court should defer to state legislature and judicial actions whenever possible 1 Gobitis Decision Minesville School District v Gobitis 1940 a 2 Jehovah Witness children refusing to say the pledge of allegiance due to religious reasons 2 West VA State Board of Education v Barnette 1943 overturned the decision in the Gobitis case a Frankfurter made a dissent because he stuck to his decision in the Gobitis case ii Won t let his personal opinions interfere in his ability to make judicial actions b Black and the Judicial Activism Judicial Activism if there is an unjust status quo that exists because of actions that have been taken in part of state legislature and state executives and if they are unable or unwilling to correct the situation then the United States Supreme Court must do so it is appropriate that the United States Supreme Court steps in to correct injustice 1 Chambers v Florida 1940 an elderly man was murdered and the police scooped up 3040 Black men unlawfully and interrogated them until 3 confessed out of fear to a murder they didn t do Doesn t understand why the Supreme Court historically denies the Bill of Rights to be used for state purposes In order to stop Black from writing the dissent the justices agreed for the 5 h and 8 h Amendment to be applied to this case just this once 1 This is why Frankfurter writs his concur c JacksonBlack Feud i Jewell Ridge Coal Corporation v United Mine Workers Local 6167 1943 1 Jackson wants Black to step down from the case since there was a conflict of interest Black knew one of the attorneys but Black refused a United Workers win 2 Jackson makes his ethical concern dealing with Black by voicing out to the public in the form ofa published book 3 When Jackson was supposed to become ChiefJustice Black and Douglas told the president they would resign if this happened a Vinson becomes ChiefJustice instead Legal Cases 0 Louisiana ex rel Francis v Resweber sent Francis back to electric chair 0 Ex parte Hawke petitioner who seeks habeas corpus in federal court must beforehand exhaust all state remedies South Carolina v Katzenbach 1966 created 15th Amendment full male suffrage says 1965 VRA is constitutional Congress has power to enforce article 0 Green v New Kent Country School Board 1968 threw out the freedomofchoice plan Plessy v Ferguson 1896 separate but equal lead to Jim Crow laws 0 Brown v Board of Education 1954 overturned Plessy v Ferguson desegregation of schools 0 Segregation of schools violates quotequal protection clausequot of 14 Amendment 0 Brown M 1955 ordered schools to desegregate quotwith all deliberate speedquot 0 Bush v Orleans Parish School Board 1952 reopened in 1955 declared legally mandated school segregation to be unconstitutional Execution of Willie Francis 0 4m confession letter written to Resweber where Francis didn39t want second trial he said he did it amp knew they were going to give him the death penalty Thurgood Marshall NAACP attorney tried to get Hollywood stars to influence Gov Davis and Pardons Board tries to influence with religious plea of prolife Frankfurter couldn39t live with himself after votingto affirm when he39s against chairdeath penalty 0 Contacts Monte Lemann who writes Judge Simon 0 Feb 1947 petition for rehearing with USSC based on Article 570 operator of electric chair quotshall be a competent electrician who shall not have been previously convicted of a felonyquot is denied 0 Wont be granted quotexcept at the instance of a Justice who concurred in thejudgment or decision and with the concurrence of a majority of the Courtquot 0 April 1947 Lt Governor Verett issues new death warrant for May 9 0 May 5 1947 oral arguments in 16thJudicial District Court DeBlanc v Pecott DeBlanc asked for a new trial to suspend Willie39s sentence 0 Simon denies motion because there was no Bill of Exception at time of original trial 0 May 6 1947 DeBlanc files writ of habeas corpus with USSC o Denied on May 8 based on ex parte Hawke May 9 1947 Francis is executed with Jaratt LA s official executioner in charge of the chair 0 Gossip about Francis39 statement quotit was a secret about me and himquot 0 Witness said she heard heated argument between Francis and Thomas 0 Louis Michel executed March 1892 convicted of murder with another person of a woman and her daughter 0 Sentenced to death by hanging drank and laughed with the crowd because cursingthe people too tall for rope put on chair as executioner dug deeper hole beneath him Sutton39s Analytical Model of Law in Action 0 Applied to discrimination voting rights and school desegregation Outcome variable looks at disparity between law in the books and law in action 0 Why aren39t laws doing what they intend to do in the first place 0 3 explanatory variables 0 Whether law frames problem in terms of formal law or substantivejustice I Formal legal issues substantive extralegal concerns I Examples expiration of bill exception and how to file writ of habeas corpus I Look at how problem is framed Formal individual v individual substantive structuralcollective 0 Most harmful and stubborn forms of discrimination structural substantive but longest to solve is formal I Applied standards subjunctive intent formal strict liability substantive Strict liability focuses on outcomes and leaves intent aside 0 Strengths and H aim of agencies quot 39 39 I Differences in where enforcement takes place 0 Formal courts substantive executive agencies like Dept of Justice I Partisan politics affect law enforcement process 0 Formal is less influenced while substantive is more influenced Example civil rights reform with Eisenhower and Kennedy vs Johnson 0 Effective enforcement requires supportive political consensus in the administration for federal executive agencies since they are clearly partisan organizations Successes of executive agencies were often shortlived courts aren39t apolitical but effects of partisanship are dampened by institutional conservatism of law 0 Law targeting of forms of discrimination stand alone v contingent on others Analytical Model Applied to Voting Rights 0 Outcome variable disparity between voting rights acts law in books and voting rights discrimination law in action 0 1957 Voting Rights Act aimed at reenfranchising southern blacks created the Commission on Civil Rights government agency that studies voter discrimination in the South 0 Formal individual v individual subjective intent implemented in courts 0 Failure impotent act 0 1960 Voting Rights Act authorized the Justice Department to file suit on behalf of an entire county and required voter registrars to keep their records for 2 years 0 Less formal counties v state subjective intent looked at pattern and practice implemented by executive agencies Dept ofJustice who now had access to voting records 0 Didn39t address the fact that the registration rules were applied unevenly had limited impact 0 1965 Voting Rights Act created a new definition of voter discrimination based on a strict liability standard gave the attorney general authority to move proactively to redress discrimination and took the mechanics of voting process out of the hands of local officials o Substantive structural strict liability presumptive evidence implemented by executive agencies Dept of Justice Civil Service Commission Director of Census 0 Section 4 created a clear quotpresumptivequot standard of discrimination based on demographic evidence I Coverage formula if less than 50 of votingage residents were registered by November 1964 and voting requirements included tests or similar restrictions they were declared illegal 0 Judicial review was not allowed 0 Section 5 prohibited any change in voting statutes without quotpreclearancequot from the federal government Analytical Model Applied to School Desegregation 1964 Civil Rights act was passed by President LBJ o Substantive structural movement towards strict liability implemented by executive agencies 0 Title VI took away federal funds from schools that had not yet desegregated Elementary and Secondary Education Act ESEA 1964 act that created fiscal incentive for schools to desegregate Bush v Orleans Parish School Board Pardon39s Board Hearing May 31 Lt Governor Verrett AG LeBlanc Judge Simon 0 LA reps DA Pecot WF reps DeBlanc Tureaud Thornton Witnesses o Baser warden protocol of execution questioned lawfulness of protocol Yongue coroner for St Martin observation of execution Foster quotwardenquotexecutioner explained set up not sure if WF was electrocuted or not Venezia quotelectricianquot failed to mention rearranging of chairdrinking before execution was outside during electrocution Esnot electrician tested chair before departure from LSP Sheriff Resweber chair was moving quotwarrantquot for WF in Texas Sheriff Ozenne Francis was normal after botched execution WF39s confession on prison wall DA Pecot Van Brocklin didn39t testify in court trial lasted only 2 days no bill of exception claimed nojurors from St Martinville DeBlanc argued 2 d execution is cruelunusual punishment brings affidavits from 6 witnesses asks for clemency claims doublejeopardy involved divine interventionemotional appeal formal irrational 000 0000 Timline June 3 refusalto commute June 4 Wright WF39s new attorney files for writ of certiorari with USSC June 11 USSC grants writs November 18 oral arguments Wright v CulliganPecot November 23judicial conferenceinitial vote 63 affirm reverse burton Murphy Rutledge 0 Second vote 54 Douglas now for reverse 0 Reed write opinion US Supreme Court 0 Judicial restraint don39t interfere with states Bill of Rights doesn39t apply to states no personal attitudesemotions o Vinson chiefjustice Frankfurter Jackson Burton 0 Gobitis 1940 required all student to say pledge USSC did nothing 0 Judicial activism Bill of Rights applies to states substantive rational 0 Black Douglas 0 Chambers v Florida 1940 confessions were coerced Reed swing voter Animosity between judges o Barnette 1943 overturned Gobitis Jackson v Frankfurter o Jewell Ridge v Mine Workers attorney for UMW was friends of Black O Supreme Court Case 0 Brief on the Merits LeBlanc Wright 0 d execution denies WF dies process 14m Amendment I Doublejeopardy 5th Amendment I Cruel and unusual punishment 8th Amendment 5 witness affidavits 0 Trial a farce and travesty of justice I Ineffective counsel 14th Amendment due process cite Powell v Alabama I No request for change of venue stenographicrecord defense evidence or bill or exception 0 Ask for retrial I Set WF free I Return for resentence I Retrial 0 Brief in Opposition Culligan Pecot o 5 118th Amendments don39t apply to states I LA courts have right to sentence upon conviction I Governor mandated to execute sentence I Neither sentence nor petitioner have been executed 0 Trial irregularities weren39t brought up before LA SC not procedurally appropriate to raise now quotPowellquot doesn39t apply because Metteyer and Parkinson had 6 days to prepare they were alert aggressive and had outstanding legal ability Judge Simon was astute and conscientious 0 Attached entire Pardon39s Board Transcript Reply Brief LeBlanc Wright 0 New argument 2 d execution would deny WF equal protection 14m Amendment Court Transcript Court Opinion Reed Vinson Black Jackson 0 Black Bill of Rights doesn39t apply to states 0 First doublejeopardy I Palko v Connecticut 1937 trial for lStdegree convicted of 2nd degree sentenced to life appealed and retried convicted of lStdegree sentenced to death 0 Second cruel and unusual punishment I quotUnforeseeable accidentquot 0 Third equal protection 0 Forth ineffective council ConcurringFrankfurter o Privileges of Immunities Clause 14th Amendment 0 Due Process of 14th doesn39t require Bill of Rights to be applied to states 0 8 Amendment doesn39t apply to states 0 Don39t interfere because of personal emotions Dissenting Burton Douglas Murphy Rutledge 0 Decision to remand o In re Kemmler I quotexecution must be instantaneous and substantially painlessquot I quotmust have intensity sufficient enough to cause deathquot Article 569 I quotpunishments are cruel when they involve torture or lingering death but the punishment of death is not cruel itselfquot 0 Conflict of testimonies 0 Was WF ever electrocuted


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Janice Dongeun University of Washington

"I used the money I made selling my notes & study guides to pay for spring break in Olympia, Washington...which was Sweet!"

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.