A Bill for Proportioning Crimes and Punishments in Cases Heretofore Capital |
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This bill lays out punishments that suit a series of specific crimes. It is part of a series of bills revising Virginia's colonial laws as Virginia transitioned from colony to commonwealth. It limits the use of capital punishment for crimes other than murder and treason.
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An Act To provide for the care and support of insane persons in the Indian Territory |
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This act weaponized Western medical diagnoses against tribal citizens in Indian Territory for the purpose of incarceration and confinement. Nearly four hundred Native people, from fifty different nations, were confined to the Canton Asylum during its operation from 1902-1934.
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Bill of Rights |
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The first 10 amendments to the Constitution guarantee certain personal rights and limit the power of the federal government. These amendments are continuously considered by the Supreme Court in their rulings.
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Broadside Reacting to the Fugitive Slave Act |
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This broadside was distributed in Boston following the passage of the Fugitive Slave Act of 1850.
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California Proposition 6 |
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A proposed amendment to the California that would have banned involuntary servitude as a punishment for a crime. This measure failed in the 2024 election, meaning the State of California remains one of 16 states that still allows forced labor. A similar ballot measure also failed in 2022.
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Chain Gang Blues |
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Chain Gang Blues was a song recorded by blues singer Ma Rainey in 1925 that reflects the experience of Black Americans in the Jim Crow South. In the song, the protagonist has been sent on the chain gang for reasons that she thinks are unjust.
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Civilian Exclusion Order No. 34 |
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This broadside detailed U. S. Army orders to force all persons of Japanese ancestry, whether citizens or non-citizens, to depart Alameda County, California, and report to an assembly center where they would be sent to concentration camps. Fred Korematsu defied this exclusion order by remaining at his residence and was eventually convicted in federal court.
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Colorado Repeal Exception To Constitutional Ban On Slavery |
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Colorado's repeal of the constitutional exception to slavery ended involuntary servitude as a punishment for a crime.
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Criminal Docket, Sweetwater County Rock Springs Precinct, September 1885 |
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A Coroner’s Inquest investigated the murders of Chinese mine workers in Rock Springs, Wyoming Territory, in September 1885. While 16 white miners were arrested for participation in the massacre, no one was ever held legally responsible.
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Elihu Schooner v. State of Missouri |
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When Elihu Schooner was arrested as a fugitive from slavery, he petitioned for a writ of habeas corpus. Born free in Ohio, upon hearing the facts of the case, Schooner was released by the court.
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Executive Order 9066 - Authorizing the Secretary of War to Prescribe Military Areas |
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This executive order by President Franklin D. Roosevelt was a federal law that forcefully removed persons deemed a national security threat to relocation centers in the western United States. While the act did not include racialized language, it was created with the intent to target Japanese Americans.
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In the Matter of the Application of Andrew J. Sawyer for Writ of Habeas Corpus for Chin Tu Ling, Lee Shun, and Look Fung |
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The habeas corpus petitions related to the Mee Lee Wah Village show legal challenges related to carceral confinement and immigration in the nineteenth century.
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In the Matter of the Application of Mary Marshall, mother of William Marshall an Infant, for a Writ of Habeas Corpus |
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The habeas corpus petition of Mary Marshall shows legal challenges related to carceral confinement and child custody in the nineteenth century. After being abandoned by her husband, a mother and her three children were forced to enter a charitable home. When one child became ill, he was given to the custody of a physician. The court ruled that custody of the child was lawful, but that in six months time, the mother could petition to amend or modify the judge's order.
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In the Matter of the Application of Yu Gum and Yu Hung for a Writ of Habeas Corpus |
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The habeas corpus petitions of Yu Gum and Yu Hung show legal challenges related to carceral confinement and immigration in the nineteenth century. In this case, two sisters were detained in Seattle for being in the U.S. unlawfully. When they were set to be deported to British Columbia, the girls petitioned for a writ of habeas corpus. The outcome of their case is unknown.
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Korematsu v. United States (1944) |
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In this case, the Supreme Court ruled that war-time exclusion against Japanese-Americans was valid.
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Korematsu v. United States (1984) |
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In this case, Korematsu challenged his 1942 conviction by filing a writ of coram nobis, which asserted that his original conviction was so flawed as to represent a grave injustice and should be reversed. The judge granted the writ, thereby voiding Korematsu's conviction.
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Massachusetts Personal Liberty Act |
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Passed in reaction to the Fugitive Slave Act of 1850, the Massachusetts Personal Liberty Act was among laws passed by Northern states in an attempt to protect Black residents from unwarranted arrest.
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Miranda v. Arizona |
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In this case, the Supreme Court ruled that criminal suspects must be advised of their constitutional rights before being interrogated. Now known as Miranda Rights, a Miranda Warning is given to suspects in police custody advising them informing them of their Fifth Amendment right against compelled self-incrimination and their Sixth Amendment right to counsel.
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Missouri v. Celia - Newspaper Coverage |
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In 1855, the Callaway County Circuit Court in Missouri convicted eighteen-year-old Celia of murdering her enslaver. Her case considered whether she was guilty of murder or if she could be acquitted due to self-defense from sexual assault. The court ruled that Celia's enslaved status prevented her from being eligible to protect herself, and she was sentenced to death. Newspapers in Missouri reported on the murder and resulting trial.
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Nan Oy v. Territory of Washington |
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The habeas corpus petition of Nan Oy shows legal challenges related to carceral confinement and immigration in the nineteenth century. In this case, Nan Oy was arrested crossing the U.S. border to be with her husband, a U.S. citizen. She was ultimately deported.
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Omaha Grapples with its Ugly Past (Will Brown) |
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This article looks at the legacy of the lynching of Will Brown, featuring interviews with prominent, Black Omaha community members Preston Love and Ernie Chambers, as well as University of Nebraska-Omaha Urban studies professor, Barbara Hewins-Maroney.
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Proclamation 10903 - Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua |
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This proclamation issued by President Donald Trump invoked the Alien Enemies Act of 1798 to apprehend and remove suspected members of Tren de Aragua from within the U.S. The proclamation calls for the apprehension, restraint, and removal of Venezuelan citizens who are at least 14 years of age, within the U.S., and who are not U.S. citizens or lawful permanent residents.
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Proclamation 4417 - An American Promise |
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This proclamation issued by President Gerald Ford confirmed the termination of Executive Order 9066, which had authorized the internment of Japanese-Americans during World War II.
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Remembering a dark past, renewing resolve for the future (Will Brown) |
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This article from the Omaha World Herald describes Omaha's official observance of the 100-year anniversary of the lynching of Will Brown. Omaha Mayor, Jean Stothert, spoke at the commemoration calling Will Brown's lynching one of the darkest days in our history.
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Terry v. Ohio |
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Terry v. Ohio is the landmark Supreme Court case that established the basis for stop and frisk policies. These policies disproportionately affect Black people and lead to the disproportionate incarceration of Black Americans.
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