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Criminal Justice


McLaurin illustrated that "the defense's .
             2.
             contention that slave women had a legal right to protect their honor, that the term "any woman" in Missouri's general statutes applied to slaves was a truly radical notion, threatening both a fundamental concept of slave law and the everyday operations of slavery." Although she was given a good defense, Celia would be hung for her crime.
             If Celia was tried in today's society she would have most likely been charged with manslaughter, or not even charged because of self defense. However, Celia was tried in the South, during a period where blacks were seen as inferior to whites, and had very little rights. The fact that they couldn't even testify in court against their masters, shows how little rights they were afforded. Celia's trial occurred in a segment of U.S. history where the institution of slavery was being threatened. McLaurin describes as a backdrop to the trial the blood feud that was .
             happening in Kansas. Free Soilers were fighting with Pro-slavery forces over the issue of slavery in Kansas to the point that there were two territorial governments set up, one being pro-slavery and the other being anti-slavery. Judge Hall, who presided over the Celia trial, was put in an awkward situation. He had to show that Celia received a fair trial, while at the same time adhering to the pro-slavery status quo. If Celia did not receive a fair trial, that would add fuel to the abolitionists" fire about why slavery was immoral, and he also had to appease the pro-slavery forces and not make decisions that might hurt the institution of slavery. The timing of Celia's trial was unfortunate because she would have to be punished for killing a white master in a slave society. With all of the fighting over the institution of slavery, an acquittal would be a devastating blow to the institution of slavery as a whole. If Celia was let off for her crime, than the idea of slaves being sexually subordinate to their masters would be in jeopardy, and this .


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