Download Doctor Mudd and the Lincoln assassination by John Paul Jones PDF

By John Paul Jones

ISBN-10: 0938289500

ISBN-13: 9780938289500

Dr. Samuel Mudd's guilt or innocence within the Lincoln assassination is debated by way of a uncommon crew of jurists and Civil conflict historians lately convened by way of the collage of Richmond institution of legislation to reexamine the case.

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Additional info for Doctor Mudd and the Lincoln assassination

Sample text

The Fifth Amendment ensures that criminal charges will be set out with particularity sufficient to permit the accused to make an adequate defense. In this case, the charge and specification were deficient in three ways: first, they failed to advise the accused according to what law or code the commission would proceed; second, they failed to make clear for what crime previously recognized at law he would be tried; and third, the charge contained a series of separate and distinct accusations that were not set out in separate and distinct counts.

Implicit in this specification of a particular proceduretrial by jury and venue in the state in which the crime is said to have been committedis a Constitutional right on the part of the accused to trial as specified. In the Sixth Amendment, a similar specification of procedure and venue appears: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law .

26 The charge against Dr. Mudd stated that he "did, at Washington City, . . D. D. 1865, advise, encourage, receive, entertain, harbor, and conceal, aid and assist" the conspiracy. Dr. Mudd could not construct an effective defense against such a general charge. No specific act was alleged, nor was a specific date or time set forth. The charge left the defendant to account for the entire period between the 6th day of March and the 20th day of April. Therefore, he was unable to rebut effectively the evidence submitted against him by the prosecution.

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