“They Lynched Jim Cullen”

Author(s):  
Dena Lynn Winslow

This chapter looks at the oral history that developed around the Northern Maine lynching. In spring 1873 James Cullen, possibly the only lynching victim in New England's history, swung into eternity at the hands of a mob in Mapleton, Maine. Cullen's lynching and the subsequent oral tradition of life and death on the Maine frontier provide a window into the cultural identity of the northeast borderland region. Northern Maine, like western states where vigilante justice was frequent, was a frontier region, and one theory of nonracial lynchings suggests that this was a recourse where legal systems were weak. But Maine's judicial system was firmly in place, and although Maine later abolished the death sentence, capital punishment was a legal option in Maine at the time of James Cullen's lynching.

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 158-167
Author(s):  
Fathur Rachman

The proliferation of drug trafficking and use activities in Indonesia today, makes Indonesia a drug emergency. Narcotics is an extraordinary crime and needs special attention in its eradication efforts. Therefore great power is needed by using the toughest legal actions in which Indonesia has a death sentence. The purpose of capital punishment is to give a violent deterrent to drug offenders and as a warning to other communities not to commit these crimes. The issue examined in this paper is the suitability of Pancasila as the legal basis for the application of the death penalty, and the application of the death penalty to narcotics crime. The reality of capital punishment in Indonesia shows that the implementation of the judicial system is not good and the execution of the death penalty is always postponed so that it seems indecisive . In addition, the regulation of capital punishment also raises the debate between the ethical values of Pancasila and positive law (KUHP). It is undeniable that in the effort to implement such assertiveness sometimes experience obstacles both from within and outside the country. As well as various counter opinions regarding capital punishment that violate human rights . Even in Indonesia alone for those who contradict the death penalty, it is associated with violating the first precepts of Pancasila, where God is the ruler of the universe who has full provisions for the right to life and death. But Indonesia still applies the death penalty based on the positive law (KUHP).


2021 ◽  
Vol 8 (1) ◽  
pp. 55-64
Author(s):  
Anne Obono Essomba

Globalization led by Europe has spread so-called 'universal' values across the globe, which seems to have cultural intermingling as its backdrop. All human endeavors are based on a culture that has become multidimensional. All the time, in their diversity, cultures try to complement and absorb each other. However, in this meeting of cultural giving and receiving, it takes on a new face, the culture shock.  This encounter causes major changes in our modern societies, giving way to a loss of cultural identity and internal imbalance. This article aims to analyze the way in which contemporary Cameroonian musicians use cultural and linguistic facts for communication purposes and other arguments. The aim of our work is to show how the various songwriters have found, through song, a new mode of resistance so that African traditions escape sedimentation. In this way, they reconcile the elements of oral tradition and the contributions of modernity to create a hybrid product. To illustrate our point, we have chosen oral texts from different regions of Cameroon.  In order to better understand the transcultural reality in the texts, we will highlight the marks of traditional and modern aesthetics, then show that the transcultural is seen as a space of symbiosis between the traditional and the modern.


1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).


2020 ◽  
Vol 7 (1) ◽  
pp. 65-78
Author(s):  
Tadeusz Paleczny

Cultural Heritage of Local Communities in Oral History. The Base of Constructing the Social Memory  Local communities construct their own cultural heritage on the base of speaking traditions means as oral history. Each small community protects its own set of symbols and elements of tradition, including belief, dialect and private stories and anecdotes. The oral history performs a function of a part of social memory and sustains close social bonds among members of small communities. The article concerns the oral history’s role in preserving the cultural identity of small local communities.


Author(s):  
Robert J. Antony

In the final chapter, the author explores issues related to local vigilante justice as well as hearings and trials at the local level of government of those persons arrested for involvement in banditry and sworn brotherhood activities. This necessarily involves discussions of jails and detention of criminals, magistrates’ hearings, and punishments. The author ends with an analysis of the patterns of prosecutions and punishments and assess the successes and failures of the judicial system in suppressing banditry and brotherhood activities in late imperial Guangdong.


1991 ◽  
Vol 25 (3-4) ◽  
pp. 512-523
Author(s):  
Leon Sheleff

One of the most disturbing aspects of examining the extensive capital punishment debate, with its clear indications of discriminatory practices, ambiguous judicial directives, undeniable miscarriages of justice, controversial statistical data, and inept, inconsistent and/or unjust implementation, is the constantly gnawing thought that if this is the situation vis-à-vis what is considered the most extreme penalty with its special super due process, then what is happening in the cases of lesser penalties. These latter cases of petty thieves sentenced to years of incarceration for relatively minor delinquencies, of accused inadequately defended without appeals being lodged within the judicial system or public interest shown, of compulsory life imprisonment without parole, no doubt reflect all of the faults and errors of capital punishment.


1992 ◽  
Vol 38 (2) ◽  
pp. 272-279 ◽  
Author(s):  
Dennis J. Stevens

Public opinion surveys show that the American public favors capital punishment. This article examines the attitudes of 307 inmates about capital punishment. The respondents, especially the most violent offenders, favored capital punishment for some crimes when applied to others, but not to their own criminal activity. Moreover, they did not see capital punishment as a deterrent and implied that it reinforces their violent perspectives. Incarcerated offenders apparently feel as strongly as other citizens about capital punishment, but perhaps for different reasons. The findings suggest that additional studies be conducted with violent offenders to determine if any punishment can deter violent crime.


2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.


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