Thursday, December 18, 2014

Judge Vacates Conviction in 1944 Execution of 14 Year Old Black Youth

If one wonders why blacks in America do not trust the American criminal justice system - and why police induced "confessions" should always be suspect - look no farther than the case of 14-year-old George J. Stinney Jr., who was executed in South Carolina.  Stinney is the youngest American ever executed and when one looks at the "trial" he received, it quickly takes on the appearance of a legalized lynching.  No doubt, "godly" white folks pushed for his conviction and applauded his execution.  After all, since he was black, in their minds, it's not as if he were human, right?  Sadly, that mindset is alive and well in the South and seemingly many police departments in America.  The New York Times looks at the vacating of Stinney's kangaroo court conviction.  Here are excerpts:
Calling it a “great and fundamental injustice,” a South Carolina judge on Wednesday vacated the 1944 murder conviction of 14-year-old George J. Stinney Jr., the youngest person executed in the United States in the last century.

Judge Carmen T. Mullen of Circuit Court did not rule that the conviction of Mr. Stinney for the murder of two white girls in the town of Alcolu was wrong on the merits. She did find, however, that the prosecution had failed in numerous ways to safeguard the constitutional rights of Mr. Stinney, who was black, from the time he was taken into custody until his death by electrocution.

The all-white jury could not be considered a jury of the teenager’s peers, Judge Mullen ruled, and his court-appointed attorney did “little to nothing” to defend him. His confession was most likely coerced and unreliable, she added, “due to the power differential between his position as a 14-year-old black male apprehended and questioned by white, uniformed law enforcement in a small, segregated mill town in South Carolina.”

The order was a rare application of coram nobis, a legal remedy that can be used only when a conviction was based on an error of fact or unfairly obtained in a fundamental way and when all other remedies have been exhausted.

Two white men who had helped search for the girls also testified, and a cellmate of Mr. Stinney’s recounted conversations in which Mr. Stinney said he was innocent and had been made to confess. Less than three months passed between the murder and the execution; the trial and sentencing took less than a day.

Some of the problems of due process highlighted in the ruling were not rare in the Jim Crow South.
Yet another less than proud legacy of the South.

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