 A Bill for Proportioning Crimes and Punishments in Cases Heretofore Capital (1779) |
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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 (1904) |
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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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| California Proposition 6 (2024) |
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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 (1925) |
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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 (1942) |
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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 (2018) |
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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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| Ex Parte Mitsuye Endo (1944) |
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In this case, the Supreme Court held that the federal government could not continue to hold citizens of Japanese ancestry who were "concededly loyal" to the United States, though the ruling did not find the actions of the War Relocation Authority unconstitutional as a whole. Mitsuye Endo was released.
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| Habeas Corpus Act of 1842 |
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The Habeas Corpus Act of 1842 acknowledged the right of foreign born individuals to use habeas corpus, giving immigrants the ability to challenge their deportation.
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| Habeas Corpus Act of 1867 |
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The Habeas Corpus Act of 1867 expanded the authority of federal courts to issue writs of habeas corpus. It was passed largely in response to the resistance to civil rights for Black Americans after the Civil War, and allowed suits to be removed from state courts to lower federal courts for trial, as well as allowed for petitions for a writ of habeas corpus from federal courts if rights under the U.S. Constitution or any law or treaty were being violated.
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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 (1898) |
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In this case, three Chinese girls between the ages of 15 and 18 used habeas corpus to free themselves from the custody of the Mee Lee Wah Village Company responsible for developing the Chinese Village for the Trans-Mississippi and International Exposition in Omaha. The judge found that the girls were being kept for "immoral purposes" and were remanded to the custody of a missionary doctor who would make arrangements for their return to China. After this judgment, the company filed their own petition for a writ of habeas corpus in an attempt to re-establish custody of the girls, who, they argued, owed a contractual obligation to the corporation until the close of the exposition. In this second case, the judge released the girls into the custody of the Mee Lee Wah Village Company so that they could fulfill their contracts.
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| In the Matter of the Application of Claus Hubbard for a Writ of Habeas Corpus (1898) |
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In this case, a prominent member of Omaha's 3rd Ward was arrested for vagrancy. To challenge his wrongful arrest, Claus Hubbard petitioned for habeas corpus, arguing that he was targeted by police because of his activism in the community. Hubbard frequently provided legal advisement and bail to African Americans facing indiscriminate arrests. The court agreed, ordering his release and also admonishing the police for violating the constitutional liberties of citizens.
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| In the Matter of the Application of Gussie Burns for Writ of Habeas Corpus (1920) |
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In this case, Gussie Burns was arrested for vagrancy, found guilty, and sentenced to 30 days in the county jail. After her sentencing, she was subjected to a physical examination and reportedly found to have venereal disease. As a result, she was sent to the Omaha Women's Detention Home for treatment. After being confined to the home for four months, Gussie petitioned for a writ of habeas corpus, arguing that her 30 day sentence had long since passed, the disease she was alleged to have did not exist, and that officials would not release her until she consented to "an operation for the removal of certain tubes." A writ was granted, though the outcome of her case is unknown. Cases like Gussie's illustrate the legal sophistication of women in the face of attempts to subordinate them during the Progressive Era.
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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 (1886) |
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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 (1886) |
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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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| In the Matter of the Petition for Writ of Habeas Corpus for the Person of Nan Oy (1888) |
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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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| In the Matter of the Petition of Elihu Schooner for a Writ of Habeas Corpus (1858) |
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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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| In the Matter of the Petition of John Jones, alias John Cook, for a Writ of Habeas Corpus (1857) |
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When John Jones was arrested as a fugitive from slavery, he petitioned for a writ of habeas corpus. Born free in Pennsylvania, upon hearing the facts of the case, Jones was released by the court.
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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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| Miranda v. Arizona (1966) |
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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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 Omaha's Riot in Story & Pictures (1919) |
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This series of photographs document the race riot in Omaha that culminated in the lynching of Will Brown in front of the Douglas County Courthouse. In the first, as many as 20,000 people gather outside an already damaged courthouse. In the second, white rioters smile around the remains of the police car they had set ablaze. And in the third, federal troops guard the intersection of 24th and Lake streets, an area with a large number of Black homes and businesses.
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| Peonage Act of 1867 |
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Following the passage of the 13th Amendment, this act officially abolished peonage, or debt slavery, in the United States. It specifically targeted New Mexico Territory, where this form of involuntary servitude was historically practiced. This act was later codified at 42 U.S.C. § 1994.
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| Proclamation 4417 - An American Promise (1976) |
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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 (2019) |
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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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| The Carceral State: Legal Histories of American Unfreedom |
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This teaching module discusses race, the carceral state, and the criminalization of Blackness, featuring a webinar with legal historian Taja-Nia Henderson.
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| The Cherokee Removal Through the Eyes of a Private Soldier (1890) |
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A former Army soldier presents a first-hand account of Cherokee removal.
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