Lynching

Lynching is an extra-legal trial and punishment by an informal group. It is most often used to characterize informal public executions by a mob, often by hanging, in order to punish an alleged transgressor, or to intimidate a minority group. It is an extreme form of informal group social control such as charivari, skimmington, riding the rail, and tarring and feathering, but with a drift toward the public spectacle. Lynchings have been more frequent in times of social and economic tension, and have often been a means for a dominant group to suppress challengers. However, it has also resulted from long-held prejudices and practices of discrimination that have conditioned societies to accept this type of violence as normal practices of popular justice. Though racial oppression and the frontier mentality in the United States have given lynching its current familiar face, execution by mob justice is not exclusive to North America, but it is also found around the world as vigilantes act to punish people behaving outside of commonly acceptable boundaries. Indeed, instances of it can be found in societies long antedating European settlement of North America.

The legal and cultural antecedents of American lynching were carried across the Atlantic by migrants from the British Isles to colonial North America. Collective violence was a familiar aspect of the early modern Anglo-American legal landscape. Group violence in the British Atlantic was usually nonlethal in intention and consequence but it occasionally shaded, particularly in the seventeenth century in the context of political turmoil in England and unsettled social and political conditions in the American colonies, into rebellions and riots that took multiple lives. During the Antebellum, assertive free-Blacks, Latinos in the South West and runaways were the object of racial lynching. But lynching attacks on U.S. blacks, especially in the South, increased dramatically in the aftermath of the Civil War, after slavery had been abolished and recently freed black men gained the right to vote. Violence rose even more at the end of the 19th century, after southern white Democrats regained their political power in the South in the 1870s. States passed new constitutions or legislation which effectively disfranchised most blacks and many poor whites, established segregation of public facilities by race, and separated blacks from common public life and facilities. Nearly 3,500 African Americans and 1,300 whites were lynched in the United States between 1882 and 1968, mostly from 1882 to 1920.

Lynching during the 19th century in the British Empire coincided with a period of violence which denied people participation in white-dominated society on the basis of race after the Emancipation Act of 1833.

Today lynching is a felony in all states of the United States, defined by some codes of law as "any act of violence inflicted by a mob upon the body of another person which results in the death of the person", with a "mob" being defined as "the assemblage of two or more persons, without color or authority of law, for the premeditated purpose and with the premeditated intent of committing an act of violence upon the person of another". Lynching in the second degree is defined as "any act of violence inflicted by a mob upon the body of another person and from which death does not result". To sustain a conviction for lynching, at least some evidence of premeditation must be produced, but "the common intent to do violence" may be formed before or during the assemblage.

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