Sunday, April 8, 2012

"And justice for all." The trial of Richard Hauptmann


Here’s an odd phrase you still hear: positive discrimination. Those who use it imagine that putting a positive word in front of a negative one cancels out the negativity. In practice, I don’t think this is so. If someone is appointed to a position in part because they are black, female or part of another minority, it just brings out the same accusation as good old fashioned discrimination does: favoritism, people promoted beyond their abilities because of who they are, and mates looking after mates. It is supposed to force people and organisations beyond their prejudices, but often just reinforces them, regardless of the qualities of the person appointed.

Here’s another one you may not be familiar with: noble corruption. This is a phrase, I believe, invented by Ludovic Kennedy, to describe the process when police and other law enforcement agencies use the tools of old-fashioned corruption – faked evidence, forced confessions, mistreatment of prisoners – to do good; bring about the conviction of someone who they know to be guilty but cannot otherwise prove it. It’s a tempting idea, a clear case of the end justifying the means. But what if they are wrong? And what if, having done it once, they take the easier way more often, and with less noble aims? Noble corruption quickly loses its adjective and becomes plain old corruption.

It is not for any of us to look into the hearts of police officers, lawyers and judges and see if they are doing what they think is right, or doing what they think is wrong. Which is why we need to cling to due process. It has taken us a long time to develop our legal processes, with the aim to protect the innocent, even if it means letting the guilty go free. Not that it always works. Innocent people have suffered punishment before and may well do so again. This is regrettable with fines, but repayable. Prison time may result in financial compensation but where is the lost time going to come from, or how are we to repair the life? And if we have killed the man, the woman, what then?

Bruno Richard Hauptmann was a German immigrant (illegal, not insignificantly) who was convicted and executed for the kidnapping and murder of Charles Lindbergh Jr, the infant son of the famous flier. And according to Ludovic Kennedy, and others, he was innocent, railroaded by men who perhaps thought they were doing the right thing. To read The Airman and the Carpenter by Kennedy is to be outraged by the corruption of the American legal system. If Hauptmann was not guilty this is a travesty of justice. The important thing to remember though is if he was guilty, it still is.

Hauptmann was caught with a significant amount of the ransom money, and lied to the prosecutors on several occassions. But this is balanced against his alibi for the night in question, buried by the prosecution, the lies told by witnesses on the stand with the encouragment, and even the simple bribery,  of the prosecution, faked evidence (by police and journalists), bullying of the prisoner, and abuse of the system. At most Hauptmann could have been convicted of receiving stolen money. As it was, he was convicted of being the sole kidnapper and murderer. To even do that, the State had to forget their own witnesses, including Lindbergh himself, dealing with mulitple people from the kidnappers’ gang.

Corruption is insidious, and no-one is immune.  Lindbergh embellished his evidence, claiming he could recognise Hauptmann’s voice based on two words he heard two years earlier:“Hey doc!” He said he noticed a German accent, so the words got changed to “Hey doctor!” to make that more plausible.

Nor is this being wise after the event. At the time, knowledgeable people such as Clarence Darrow said the evidence was insufficient to secure a conviction. But the public were desperate to have someone to blame and so, I would say and more understandably, was Charles Lindbergh. Even Haputmann’s lawyer was convinced of his guilt. (He was being paid by the Hearst newspapers, likewise convinced.) The Governor of New Jersey lost his subsequent election after he tried to have Hauptmann’s sentence commuted to life. To quote Bob Dylan, the trial was a pig circus, he never had a chance.

Ludovic Kennedy, a British journalist, was well known for his championing of those he saw as wrongly convicted. His book 10 Rillington Place was instrumental in seeing Timothy Evans get a posthumous pardon. This book, written in 1985, has been less successful in that regard. And there are those who argue that Hauptmann was involved in the kidnapping. But what this book makes clear beyond all doubt is Hauptmann did not receive a fair trial. That is what our system is there for, to give all of us a fair trial if we should end up within it. Neither public men nor cheering crowds should affect it. It’s almost ninety years since Hauptmann was electrocuted to death, but these issues still affect us. Like peace, the price of justice is eternal vigilance.

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