Shadow Vigilantes
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38. This narrative is drawn primarily from the following sources: People v. Torres, 74 N.Y.2d 224 (1989); People v. Torres, 143 A.D.2d 40 (1988); Jonathan Ferziger, “Police Search Limited Unless Lives at Stake: Court Expands Protection of Suspects,” Times Union (Albany, NY), July 12, 1989, p. B6.
39. Torres, 143 A.D.2d at 41.
40. This narrative is primarily drawn from the following sources: Gary Cartwright, “Free to Kill,” Texas Monthly, August 1992, http://www.texasmonthly.com/story/free-kill; Mike Cochran, Associated Press, “McDuff Likely to Take Grisly Secrets to Grave,” Lubbock (TX) Avalanche Journal, 1996, http://lubbockonline.com/news/112496/mcduff.htm; National Museum of Crime and Punishment, “The Broomstick Killer,” Crime Museum, http://www.crimemuseum.org/crime-library/the-broomstick-killer (accessed November 30, 2017).
41. “Broomstick Killer.”
42. Ibid.
43. Ibid.
44. Ibid.
45. This narrative is drawn primarily from the following four sources: Bonin v. Calderon, 59 F.3d 815 (9th Cir. 1995); People v. Bonin, 46 Cal.3d 659 (1988); Joan Goulding, “‘Freeway Killer’ Suspect William Bonin Was a Man with…,” United Press International, November 4, 1981, http://www.upi.com/Archives/1981/11/04/Freeway-killer-suspect-William-Bonin-was-a-man-with/3420373698000/; Mark Gribben, “William Bonin: The Freeway Killer,” Crime Library, http://www.crimelibrary.com/serial_killers/predators/bonin/day_1.html; Juan Ignacio Blanco, “William Bonin: The Freeway Killer,” Murderpedia, http://murderpedia.org/male.B/b1/bonin-william.htm (accessed November 30, 2017); Andre N. Turner, “William Bonin—Freeway Killer,” True Crime Stories from the Reignmaker (blog), June 6, 2014, https://reignmaker1911.wordpress.com/2014/06/06/william-bonin-the-freeway-killer/ (accessed November 30, 2017).
46. Bonin, 59 F.3d 815.
47. Ibid.
48. Ibid
49. Goulding, “‘Freeway Killer’ Suspect.”
50. The narrative was drawn from the following sources: John Bacon, “Judge Apologizes for Teen Rape Remarks, Not Sentence,” USA Today, September 6, 2013; Laura Collins, “Exclusive: Cherry Was Raped by Her Teacher at 14 and Shunned for Reporting It. Then She Shot Herself Dead in Her Mother's Bed. Now Her Mom Reveals Her ‘Living Hell’ and Fury That Attacker Got Just 30 Days Jail,” Daily Mail (London), August 28, 2013; Crimesider Staff, “Montana Rape Case Update: State Prosecutors Appeal 30-Day Sentence in Case of Teacher Who Raped Student, 14,” CBS News, September 4, 2013, http://www.cbsnews.com/news/montana-rape-case-update-state-prosecutors-appeal-30-day-sentence-in-case-of-teacher-who-raped-student-14/ (accessed November 30, 2017); Crimesider Staff, “Montana Rape Case: Stacey Rambold to Be Released after Serving 30 Days for Rape of 14-Year-Old,” CBS News, September 26, 2013, http://www.cbsnews.com/news/montana-rape-case-stacey-rambold-to-be-released-after-serving-30-days-for-rape-of-14-year-old/ (accessed November 30, 2017); “Protesters Call for Billings Judge to Resign over 31-Day Sentence, Remarks about Rape Victim,” MTN News, August 29, 2013, http://www.krtv.com/news/protesters-call-for-billings-judge-to-resign-over-31-day-sentence-remarks-about-rape-victim/.
51. Collins, “Exclusive: Cherry Was Raped.”
52. Ibid.
53. Crimesider, “Montana Rape Case.”
54. Collins, “Exclusive: Cherry Was Raped.”
55. Ibid.
56. Eskew v. State, Indiana Court of Appeals, unpublished opinion, June 5, 2008, http://www.in.gov/judiciary/opinions/pdf/06050804ewn.pdf (accessed November 30, 2017); Lori Caldwell, “Old Insult Ends in Man's Death,” Merrillville (IN) Post-Tribune, June 8, 2006; Ruth Anne Krause, “Eskew Defense Says Killer Not Known,” Merrillville (IN) Post-Tribune, June 6, 2007; “Two Jailed after Fatal Shooting at Gary Graduation,” wthr.com NBC, June 8, 2006; Ruth Anne Krause, “Gary Teen's Murder Charge Dismissed,” Merrillville (IN) Post-Tribune, June 1, 2007; Ruth Anne Krause, “Isaiah Eskew Convicted of Reckless Homicide,” Merrillville (IN) Post-Tribune, June 9, 2007; Ruth Anne Krause, “Probation in Graduation Shooting,” Merrillville (IN) Post-Tribune, July 28, 2007.
57. This narrative is derived from the following sources: R. L. Nave, “Of Love and Pardons: How They Met,” Jackson (MI) Free Press, February 15, 2012, http://www.jacksonfreepress.com/news/2012/feb/15/of-love-and-pardons-how-they-met (accessed November 30, 2017); “Barbour Frees Convicted Murderer,” Fox Memphis, January 11, 2012, http://www.myfoxmemphis.com/story/18509660/barbour-frees-convicted-murderer; Holbrook Mohr, Associated Press, “Miss. Gov. Barbour Pardons Convicted Killer,” San Diego Union-Tribune, January 9, 2012, http://www.sandiegouniontribune.com/sdut-miss-gov-barbour-pardons-convicted-killer-2012jan09-story.html (accessed November 30, 2017); Charles Hooker, 87 So.3d 401, 402 (Miss. 2012); Campbell Robertson, “Mississippi Governor, Already Criticized on Pardons, Rides a Wave of Them out of Office,” New York Times, January 11, 2012, p. A11; Martin Savidge and Rich Phillips, “Pardoned Mississippi Killer Says He Wasn't on the Run,” CNN, January 14, 2012, http://www.cnn.com/2012/01/13/justice/mississippi-pardons/index.html (accessed November 30, 2017); “Governor Haley Barbour Pardons 2004–2012,” Clarion Ledger (Jackson, MI), January 12, http://www.clarionledger.com/assets/pdf/D0183728110.PDF; “Barbour Frees Convicted Murderer,” Fox Memphis, January 11, 2012, http://www.myfoxmemphis.com/story/18509660/barbour-frees-convicted-murderer.
58. “Barbour Frees Convicted Murderer.”
59. “Miss. Gov. Barbour Pardons Convicted Killer.”
60. The narrative is drawn from the following sources: Cook County Sheriff's Police Department Report, March 17, 1978; Sheriff's Police Department, Supplementary Report, May 18, 1978; interview by Ryan McLennan with Lauren Kustudick in Glenview, IL, November 28, 2000.
61. McLennan, “Interview.”
62. Ibid.
63. The narrative is drawn from the following sources: Cane v. State, 560 A.2d 1063 (1989); Associated Press, “Court Overturns Conviction,” Sumter (SC) Item, June 20, 1989; Associated Press, “13 Years Later, Arrest Made in Murder of SC Truck Driver,” Sumter (SC) Item, February 3, 1987, p. 8B; “Search Not Over,” Herald-Journal (Logan, UT), December 12, 1976.
64. This narrative is drawn primarily from the following sources: Pat Reavy, “Acquitted Man Says He's Guilty,” Deseret News (Salt Lake City, UT), January 19, 2006, http://www.deseretnews.com/article/635177435/Acquitted-man-says-hes-guilty (accessed November 30, 2017); “Man Confesses to Murder after Being Acquitted,” Larry King Live, CNN, January 27, 2006, http://www.cnn.com/TRANSCRIPTS/0601/27/lkl.01.html (accessed November 30, 2017).
65. Ibid.
66. Bolden v. Warden, W. Tennessee High Sec. Facility, 194 F.3d 579 (5th Cir. 1999); State v. Bolden, 680 So.2d 6 (La. App. 3 Cir., Apr. 17, 1996); Christopher Rose, “Basketball Slayings: Is Boyfriend Killer, or a Freak Victim?” New Orleans Times Picayune, July 9, 1989; “Bolden Faces Perjury Charge in Louisiana,” Memphis Commercial Appeal, March 10, 1992; “Acquitted Man Booked with Perjury,” New Orleans Times Picayune, August 29, 1991; “Man Guilty of Perjury Connected with Slaying,” Dallas Morning News, January 21, 1995; Lawrence Buser, “Families Believe They, System Were Fooled by Smiling 2-Time Killer,” Memphis Commercial Appeal, March 9, 1992.
AIDS (acquired immune deficiency syndrome), 114, 115, 237
Albany, New York, 179, 273
ALF (Animal Liberation Front), 133–37, 244–45
Amherst, New York, 260
animal rights, 106, 109, 248
organizations (ALF), 133–37, 244–45
antiabortion, 107, 140–42
arbitrary outcomes of justice system, 197, 218
assault, 20, 25, 52, 99, 160, 193, 240, 252, 253
Ayree, Manuel, 86–89, 238–39
Balch Springs, Texas, 19
Baltimore, Maryland, 122–26, 207
Black Lives Matter, 166
Black October, 122–26
Black Panthers, 39, 44
blameworthy offender, 13, 30, 81, 85, 106, 217–19, 302
blowback, 15, 199, 201–14, 225–26
ineffecti
ve prosecution, 210–13
other causes of the downward dynamics, 213–14
stop snitching, 202–206
witness intimidation, 206–10
Bogalusa, Mississippi, 37
Bosket, Willie, 177–80, 250
Bradford, Bill, 55–59
Broadman, Mandy, 78
Bronx County, New York, 207
Brookhaven, Mississippi, 34
Broshears, Ray, 43–45, 234
Bryant, Roy, 34–35, 233–34
Buffalo, New York, 91
Bush, George H. W., 242
Cabey, Darrell, 51–52, 54, 190, 248
Cahill, Michael, 63
Campbell, Tracy, 56–59
Capote, Truman, 223
carjacking, 193
Castle Doctrine, 248
Chester, Pennsylvania, 74
Chin, Vincent, 75–77, 173, 237–38
civil disobedience, 196
classic vigilantes, 15–17, 60, 147–50, 157, 188, 229, 231
classic vigilantes vs. shadow vigilantes, 195–97, 215–16
inspiration for action, 49, 150, 159
Clinton, Bill, 36, 80–81, 238
Clinton, Hillary, 80–81
cocaine. See drugs
community, damage and danger to, 215–24
importance of lay views, 216–20
moral credibility, 221–24
prosecuting vigilantes, 215–16
community action, 122–23, 129–32, 242, 304
community disillusionment, 189–90, 215–18, 225, 229–31
caused by governmental failures, 13–14, 22–25, 31, 42–43, 102–108, 128–29
due to legal technicalities, 63–92, 201, 213, 221, 253–76
drug-related causes of, 111–26
See also doctrines of disillusionment
community drug wars, 111–26
Black October, 122–26
burning crack houses, 119–22
cocaine epidemic, 115–16
Herman Wrice, 117–19
Oberia Dempsey, 111–13
Rosa Lee, 114–15
community views
indifference of the system, 105, 221–24, 215–18, 229–31, 239–40
of legal rules, 15–16, 30–31, 160, 215–18, 219–21
sources of outrage, 121–22, 133, 155–56, 162, 189–90, 224, 229, 242
Congress of Racial Equality (CORE), 37–39
Cook, Deanna, 19–24, 27, 61, 235–36
courts, reputation of the, 123–26, 223, 245
crack cocaine. See drugs
credibility
erosion of the systems, 145–58, 183–97, 201–202, 218
lost due to deviating from justice, 176, 195–99, 213–27
moral authority, 13–16, 30–31, 206, 230–31, 290, 318
protecting the system's, 61–62, 182
of vigilante action, 105, 138, 214
crime
control, 95, 213, 227–28
enhancing through the system's reputation, 217–18, 230–31
gained by community action, 117, 131–32
lost through disillusionment, 14–16, 201, 206
lost through unjust legal practices, 27, 30, 62, 187, 213
politics, 176, 179–80, 218
failure to report, 196
prevention, 62, 167–68, 183, 214
rates, 15, 119, 173, 206–209, 213
reporting, 112, 196, 216
Crime Control Act, 313
criminal code, 193, 194, 311–12
criminal justice process, 195, 215
criminal law
moral credibility, 13–16, 30–31, 206, 230–31, 290, 318
reputation, 73, 229–31
for doing justice, 92, 218–19, 225–26
improving communities’ views of, 93, 217–19, 226
as a moral authority, 217–19, 224
as a source of injustice, 52, 201, 221–24
criminal responsibility, 179, 218
Crown Heights, New York, 129–32, 243–44
culpability, 17, 55, 92, 105, 174, 194
Cunningham, Rosa Lee, 114–15
Dallas, Texas, 214, 236
Davis, Richard Allen, 171–72, 249–50
Deacons for Defense and Justice, 37–39, 110
defensive force. See self-defense
Dempsey, Oberia, 111–13, 115, 116
Detroit, Michigan, 75, 105, 119–22, 188, 240
Devi, Sampat Pal, 46–48, 235
Dictionary Hill, California, 24–26, 30, 61, 236–37
diplomatic immunity, 86–89, 238–39
distorting effect, 15, 30, 60, 68, 145, 159, 182, 199, 214
Dobson, Sherman, 125–26
doctrines of disillusionment, 13, 15, 62, 221, 230–31, 290, 320
criminal justice as a game, 62–67, 194, 205, 213, 219, 229, 253–58
See also double jeopardy; exclusionary rule; jury nullification; statute of limitations; “testilying”
double jeopardy, 81, 82–85, 209, 227, 274–75, 275–76
downward spiral
due to loss of credibility, 15–17, 31, 145, 197–202
stopping the, 225–26
stop snitching movement, 202–206
witness intimidation prevents prosecutions, 210–13
witness intimidation problem, 206–10, 212
Draconian legislation, 30, 172, 214, 216
drugs, 78, 98, 111–25, 127, 155, 173, 242, 254, 262
cocaine, 74–75, 114–17, 174, 182, 242, 255–56, 264
crack, 116–20, 162, 242
crime rates, 115, 118, 119
heroin, 111–16
laws, 113, 173
legislation, 204
marijuana, 174, 262
methamphetamine, 174, 176, 274–75
PCP, 21
Ebens, Ronald, 75–77, 237–38
empirical studies, 160, 166–67, 174, 186, 216, 220–21, 318
entrapment defense, 89
Essex, New Jersey, 204
excessive force, 164, 166, 214, 216
excessive sentencing, 15, 173–74, 176, 202
exclusionary rule, 55–68, 70–75, 89, 183, 185–87, 213, 227, 259–67
excusing factors, 105
Eyler, Larry, 71–75, 213, 227, 237
FALN (Fuerzas Armadas de Liberación Nacional), 79–81, 238
Ferguson, Cornelius, 74
Ferguson Effect, 214
Ferro, Alfio, 69–70
Fifth Amendment, 68, 70, 81
Fort Lauderdale, Florida, 242
Fort Worth, Texas, 98–100, 239
Fourth Amendment, 70, 186, 267
fruit of the poisonous tree, 73, 222–23
gangs, 40, 119–20, 206–209, 211–13, 251
Goetz, Bernhard, 51–54, 159–61, 190, 247–48
gold rush, 40–43
governmental obligation
must be taken seriously, 31, 42–43, 128–29, 143
often goes unfulfilled, 22–25, 102–108, 215
to protect citizens, 19, 22, 95–96, 143, 168
to provide justice, 13–14, 132
to punish offenders, 215
under the social contract, 13–14, 54, 95–96, 110, 129
Gridine, Shimeek, 180
Gulabi Gang. See Pink Gang
Harlem, New York, 111–13, 177
Harper, John, Jr., 24–26, 28–29, 236
Hart, Brooke, 100–104
Healy, Kevin, 65–67, 213
Hernando, Mississippi, 271
heroin. See drugs
Hicks, Robert, 37–39
HIV (human immunodeficiency virus), 114
Holmes, Jack, 101–104
Horn, Joe, 161, 248
Hounds (criminal gang), 40–41
Houston, Texas, 64
Hyland, Tyrone, 74
Ice Cube, 202–204
Ignatow, Mel, 82–85, 209, 213, 227
illegal search, 15, 55, 183–90, 223, 227, 266
immaturity defense, 179–
80
immoral action, 14, 27, 126, 183
immoral system, 188, 195–96
injustice, avoiding, 201, 225–26
in the courts, 16, 35–36, 73, 77, 188, 191–94
importance of, 17, 42–43, 137–38, 176
increased crime control by, 127, 131–32
legislation, through, 16, 61–62, 81–89, 170–82
police actions, 44–45, 55–59, 183–88
systems commitment to, 16, 132, 147
insanity defense, 102
Intuitions of Justice and the Utility of Desert (Robinson), 216, 318
Jacksonville, Florida, 181
Johnson, Lyndon B., 36
judicial discretion, 13, 15, 75, 77, 195–96, 223, 268, 270–71
exercise of, 13, 15, 73–81, 173, 268, 270–71
jury nullification, 35, 54, 121, 162–67, 196, 214
justice
failures of, 110, 216, 230
avoiding, 61–63, 199, 201, 216
cause loss of reputation, 31, 73–74, 81, 183
as a source of outrage, 60–62, 108, 180
as a trigger for vigilante action, 15, 55, 93, 225
indifference to
breaching the social contract (Cook, Palm), 19–24, 27–28
as a criminal law policy, 13, 127, 183, 195–96, 223–24
forcing action, 28–29, 111–13, 188–90
by politicians, 15, 170–82, 201
provokes outrage, 62, 62, 105, 216–17
tolerable failure, 26–27
vigilante echo, 30–31, 150, 199–14
See also doctrines of disillusionment
Justice, Liability & Blame (Robinson and Darley), 160
justice-frustrating rules, 16, 70, 89, 92, 176, 214, 230
justice system
arbitrary outcomes of, 197, 218
avoidable failures of, 61–63, 199, 216
competing interest of, 63, 68, 208, 227–28
credibility, 16, 33–36, 89, 106, 147–48
frustration with, 14, 30, 33–39, 49–60, 120–21, 162, 170, 180, 229
importance of reputation, 161, 197, 201, 206, 218–24, 227–28, 230–31
ineffectiveness of, 30–31, 98–99, 116, 119–20, 147, 148, 162, 229
manipulation of, 55, 145, 191, 201
treating law as a game, 62–67, 194, 205, 213, 219, 229, 253–58
undermining system, 13, 31, 122, 133, 136, 159, 216, 253–75
effect on crime control, 15, 62, 183, 218
to promote other goals, 221
shadow vigilantism, through, 49, 95, 195, 201–202