James Hays Analysis

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In the article “Violence and the Rights of African Americans in Civil War-Era Indiana: The Case of James Hays”, Richard F. Nation main argument focuses on the treatment of African American during the mid to late 1800’s by the criminal justice system of America, especially that of Indiana. During this period in time African-American were “free”, but did not have the same rights as Caucasians had (Nation, R. F. 2004, pg.215 &216). The few rights that African-American had were easily violated in the court of law when the case was against a Caucasian male or female do to the racial inequality that African-American faced (Nation, R. F. 2004, pg.215 &216). James Hays case showed how even when the court was provided with proof from an African-American against a Caucasian, the chances of the African-American winning was improbable (Nation, R. F. 2004, pg.222, 223 & 229). …show more content…

Kimble for reason’s that can only be speculated (Nation, R. F. 2004, pg.216 &217). The defense that George W. Kimble, and his lawyer brought to the court was the Supreme Court decision of Dred Scott, which said that African-American’s were not citizens of the United States, and because of this could not bring a lawsuit to the federal courts (Nation, R. F. 2004, pg.222). The use of the Dred Scott decision by George W. Kimble, and the willingness of the Supreme Courts to approve such as law, shows the bias that the courts in America had when dealing with a case brought by a African-American against a Caucasian, and the inequality that existed during the mid to late 1800’s in the criminal justice system (Nation, R. F. 2004,

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