Someone wrote in [personal profile] vba 2014-11-01 12:55 am (UTC)

Линч действительно умер уважаемым человеком. Между его действиями и современным значением слова "линчевание" пустыня Сахара.

Невозможность осуществления правосудия в данных обстоятельствах, невозможность вынести приговор местным судом. Война за Независимость, бандиты, англичане. Представьте транспортировку заключенного на телеге в гражданскую километров на триста.
During the war in Virginia it was a very difficult process taking criminals to the proper courts. At this time the county courts functioned as examining courts in criminal cases. Once the case was examined, it was bound over to the one single court for the final trial in Wiliamsburg, which was over two hundred miles from Lynchburg.
This process had two major drawbacks. One, it was near impossible to take both prisoner and witnesses necessary for conviction that great distance. Many witnesses could not afford to leave their farms, businesses, or homes to make a journey of this magnitude. Secondly, officers escorting their prisoners were subjected to attacks from outlaws in which they were forced to release heir prisoners. Or they themselves were captured by the British and in turn became prisoners.

It was due to these conditions that Lynch and some of his neighbors came together to formulate more expedient ways of dealing with the criminal element. It was determined that it was in the best interest of the community that they should take matters into their own hands. Charles Lynch was chosen to be the presiding justice while his neighbors, William Preston, Robert Adams, Jr., and James Calloway, served as associate justices.
Суд предоставлял обвиняемому права и в отдельных случаях после оправдания даже выплачивал компенсацию:
The accused person was brought before the tribunal to face his accusers. The prisoners were allowed to bring witnesses in their defense. They were also afforded an opportunity to present any mitigating or extenuating circumstances if they existed. If the person was acquitted, he was freed with the apologies of the court. In some cases the vindicated person received reparations.
Наказание:
If a guilty verdict was reached, the convicted person would receive thirty-nine lashes on his bare back, and if he then refused to shout �Liberty Forever�, he would be hung by his thumbs until he did.
Аналоги линчевания до суда Линча:
However, in earlier times the three common punishments associated with lynch law consisted of the following. They were: 1. being run out of town 2. being run out of town on a rail after being tarred and feathered 3. receiving lashes on one�s bare back, the number being dependent upon the infraction.
Современное толкование слова "линчевание" это как правило повешение, так как наказания со временем стали более серьезными. Линч не имеет никакого отношения к расправам толпы черных на Юге.
The harshness and severity expressed in recent definitions can be traced to the fact that the punishment inflicted under the name of lynch law has become more severe over the years. This accounts for the reason why in recent times that the term lynching has become synonymous with the word hanging.

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