Analysis of a Prosecution Essay

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The History of Crime and Punishment in the United States



1. What is the time period of your trial?



The time period of this trial is the year 1904. The defendant was tried on March 15, 1904 and indicted on November 13, 1904.



2. What is the crime on trial? Provide a brief summary.



The crime on trial is for false registration, an election offense. In the early 20th century in New York, election fraud was a serious issue and Teddy Roosevelt as a member of the Board of Commissioners at the end of the 19th century in New York had pledged to crack down on election fraud because of the stronghold on the voting process held by Tammany Hall. Thus, this trial emerged just a few short years after that crackdown began as an example of the type of issues the city was having. This case in particular centered on Edward Lawless, the defendant, charged and then indicted for false registration, an election offense. The presiding judge was John W. Goff; the defense attorney was Patrick Loftus; the prosecuting attorney was Cornelius Collins; the court was the Court of General Sessions. It is recorded on the John Jay website as Trial #414.

The defendant registered under the name of Donnelly though his name was Edward Lawless.

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Registration in a name other than one’s own is a crime. A review of the Board of Election’s Deputy Clerk’s official records of persons registered in the Third Election District of the Fifth Assembly District showed that this was so.



3. What is the argument of the defense? Select at least two quotes to support this.



The argument of Loftus, the defense attorney, is that the witnesses represent the interests of the Republican Party and cannot be said to be trustworthy or impartial in their testimony that the defendant registered invalidly. In his cross-examination, Loftus asks: “One moment, on that day, in the Third Election District of the Fifth Assembly District, you represented one of the political parties; did you not?” and the answer of course is “Yes, sir” (The People Against Edward Lawless 1904, 20). Loftus’s main argument is that the witnesses are not impartial and therefore their testimony should not be accepted by the judge and jury. He emphasizes this point again and again: “And you are an active and enthusiastic Republican, are you no?” (The People Against Edward Lawless 1904, 20). The Court interjects and says that the Court cannot allow that question as “it matters not what party it is” (The People Against Edward Lawless 1904, 20). Still, if the defense is trying to discredit the.....

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References

The People Against Edward Lawless. (1904). Retrieved from http://www.lib.jjay.cuny.edu/crimeinny/trials/pdfs/414.pdf

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