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Running Head:
CRITICAL THINKING
The Case of Emmett Till
CRJ 103 – Criminal Procedures
Professor Lashunda Stateson
CRITICAL THINKING
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Abstract
The 1950’s were viewed as difficult times for African American males to roam freely in
Mississippi.
In specific neighborhoods, the social status for African Americans was horrible,
especially in Money, Mississippi.
During this time, Money, Mississippi became well-known for
the lynching of Emmett Louis Till, who was an African American male murdered for allegedly
flirting with a white woman earlier, and justice was not properly served.
The case of Emmett Till
was viewed as a significant historical event that occurred in the United States.
The focus of this
paper is how Emmett Till was murder and his murderers were never charged in this case.
CRITICAL THINKING
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Introduction
Emmett Till was born in 1941 to Mamie Till at Cook County Public Hospital in Chicago,
Illinois.
Many times, his father was not present in his life because of his Military status.
The
United States Army executed his father for raping two white women and murdering a woman in
Italy while deployed overseas.
Emmett was well-loved by family members and friends.
During
the Summer of 1955, at the age of fourteen, Emmett was put on a train to Money, Mississippi to
spend two weeks with family members.
He experienced three full days of having fun, eating,
and the country lifestyle, but did not know that his life would change forever while making a
quick run to the store.
One summer evening, Emmett and some of his relatives and friends
decided to go to Bryant’s Grocery and Meat Market in Money, Mississippi, which is recognized
as a racist town (Linder, n. d.).
The owners of the store were the parents of Carolyn Bryant who
allegedly accused Emmett of whistling at her, and Emmett was murdered by Roy Bryant and J.
W. Milam.
He was ordered to carry a seventy-five pound cotton gin fan to the bank of the
Tallahatchie River and ordered to undress.
He was severely beaten, an eye gouged out, and shot
in the head, his body was tied to a cotton gin fan with barbed wire and thrown into the river for
allegedly whistling at Carolyn Bryant the wife of Roy Bryant.
In September 1955, a trial was held for Bryant and Milam, but despite the astounding
evidence, they were acquitted by an all-white jury.
The verdict clearly indicated the deeply
rooted racism and prejudice existence in the United States during this time.
The county sheriff
made a disturbing statement that he doubted that the body found was that of Emmett Till, and the
body appeared to be that of a grown man instead of a fourteen year old boy.
Regardless of the
body was that of a man or a boy, a crime was committed, and the county sheriff did not show any
empathy for the deceased or his family and friends (Linder, n. d.).
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In my opinion, I believe there were more things that went wrong than right, and I do not
believe that the case was taken seriously because it was the death of a black male.
I believe that
if a white person was kidnapped by black men, I do not believe that any time would have been
wasted on ensuring they were executed.
The only thing that I viewed was right in this case, was
the sincerity the District Attorney showed regarding the case and indicated that a murder was
committed regardless of the ethnicity of the individual.
Once lynching became involved, the
white people supporting justice for Emmett Till turned on him and took sides with Bryant and
Milam.
At one point, an attorney indicated that his reason for defending Bryant and Milam, was
that Mississippi had started looking rundown, which is something I do not agree with in this
case.
The jurors were all white and during the 1950s, these white men and others were racists,
and it was impossible for justice to be served (Linder, n. d.).
After substantial evidence was
presented in the court indicating Bryant and Milam both were guilty of murdering Emmett Till,
the verdict indicated that they were not guilty of the crimes committed (kidnapping and murder)
of fourteen year old Emmett Till.
Both Bryant and Milam openly admitted to the crime of
kidnapping but indicated that he accidently died while in their custody, which is viewed as the
main reason that they should be held accountable for their actions.
If a black man committed
such heinous crimes, the jurors would have proven them guilty without hesitation.
Today, things has not changed that much and are likely to be handled the same way.
The
reason for making this statement, is in Valdosta, Georgia with the Kendrick Johnson’s case that
involved a young black male found rolled up in a gym mat within the gym of the school.
No one
has been charged for this incident, even though there is substantial evidence present to place the
murderer behind bars.
The father of a suspect was a recently retired law enforcement officer,
which may have played a role in not charging the suspect.
Based on the evidence presented, the
CRITICAL THINKING
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suspect left the gym with what appeared to be blood on his clothing and entered the bathroom,
but later exited the bathroom with new clothing on, which is the reason for my thoughts on the
Emmett Till case.
Is it possible for Bryant and Milam to be charged or can double jeopardy prevent it from
occurring?
Double jeopardy indicates that a person cannot be prosecuted for the same crime
twice, which provide protection under the 15
th
Amendment of the United States Constitution.
I
believe upon the admittance of both Bryant and Milam committing the murder, they should have
been arrested and appear before the Court.
Even though double jeopardy provided them
protection, they would have still faced charges in federal court, even if they were acquitted on a
state level.
Dual sovereignty provides both state and federal governments to focus on
prosecutions separately for the same crime (Linder, n. d.).
In this case, both Bryant and Milam
could still be charged with kidnapping and murdering Emmett Till.
Since the accused is
deceased, can a wrongful death civil case be filed against the estate of the accused?
The accused
estate is viewed as an individual overseeing the estate of the deceased that was court appointed.
Based on my research, filing a civil case against the estate of the accused can not occur because
the person is deceased.
Even though the person is deceased, the estate representative of the
individual can be sued.
In 2004, the case was reopened, and it was determined that Emmett Till
had been shot and a secretly recorded tape indicated the truth of the events that led to the death
of Emmett.
Conclusion
Both Bryant and Milam were deceased by 1985 and 1994, but they enjoyed living their
life freely and were never charged with murdering Emmett Till.
These men and others who
contributed to kidnapping Till and responsible for his death should have been charged with guilty
CRITICAL THINKING
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by association.
Even though these men were guilty of murdering Till, they were protected by
white America, which still exist today, for instance in the Kendrick Johnson murder case.
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References
Linder, P. D.
(n. d.).
The Emmett Till murder trial.
Famous Trials.
Retrieved from
https://www.justia.com/criminal/procedure/double-jeopardy
.
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