The word "lynching" carries a lot of historic
baggage, evoking ugly images of white mobs storming the local jails,
abducting black men and dispensing their own brand of justice at the end
of a rope.
But in South Carolina today, it can mean two kids beating up another on
the playground. In California, lynching is defined as any riotous
interference with police custody. A 14-year-old black boy who escaped from
officers was actually convicted of lynching himself.
None of this is surprising to historian Christopher Waldrep.
"No one has ever successfully defined 'lynching' in a way we can all
agree on," says Waldrep, author of the "The Many Faces of Judge Lynch."
Historians can't even agree on how the term came into being.
Some believe it was an homage to Col. Charles Lynch, a Virginia
magistrate who harassed and illegally punished Loyalists during the
Revolutionary War. Others say it's named for Capt. William Lynch, a
Virginia justice who assumed charge over criminal proceedings in
Pittsylvania County amid the mayhem of the war.
Regardless, the phrase "Lynch's Law" became a byword for vigilante
justice. And in the late 1800s, it became almost synonymous with white
vigilantism against blacks.
Many states passed anti-lynching laws in the early 20th century. But
only four still have specific anti-lynching laws on the books: California,
Virginia, West Virginia and South Carolina, the only state where it is
routinely used.
Waldrep says much of the difficulty in defining lynching is in the
numbers.
The laws of California and South Carolina define a mob as two or more
people. In Virginia, it is "any collection of people, assembled for the
purpose and with the intention of committing an assault or a battery upon
any person or an act of violence" without authority of law. In West
Virginia, it's "a riotous assemblage" of five or more.
Waldrep says the Truman administration approached the NAACP for help in
drafting a federal anti-lynching law, especially in defining what
constituted a lynch mob. His research uncovered "a flurry of memos"
between the NAACP and the White House, though no consensus and no federal
law.
People can't even agree on whether an attack need be fatal in order for
a lynching to have occurred.
In Virginia and West Virginia, a mob action must result in the victim's
death in order for it to be called lynching. But the laws are seldom, if
ever, used because lynching is treated as murder -- a policy illustrated
by the case of Virginia resident Garnett Paul Johnson Jr. in 1997.
After a night of drinking, two white men took Johnson out to a white
cross, soaked him with gasoline and burned him alive. They then beheaded
his charred corpse with a dull-edged ax.
The men were tried and convicted of murder.
The California penal code defines lynching as "the taking by means of a
riot of any person from the lawful custody of any peace officer." No one
is sure how often the California statute is used, but it was employed
quite creatively in 1997.
A 14-year-old black boy was attending a "rejoice" following a friend's
funeral when San Francisco police showed up to arrest him on an auto theft
warrant. The handcuffed and struggling teen appealed to the crowd of 200
to 300 to "get these pigs off me," and while the mob attacked the
officers, he escaped.
So the teen was convicted of lynching himself.