Posted on January 13, 2010

South Carolina Takes Aim at Lynching Law Because It Hurt Blacks

Patrik Jonsson, Christian Science Monitor, January 12, 2010

In what’s being seen as an attempt at redemption by a state touched by recent political embarrassment, a panel of South Carolina lawmakers has voted to change the state’s lynching law.

Why? {snip} For decades, the law has been used to address African-American gang activity, with over half of all lynching charges and convictions being levied against blacks.

The South Carolina Sentencing Reform Commission voted Monday to rename the law “assault and battery by a mob” and to soften consequences for situations in which no one was killed or seriously injured in an attack by two or more people on a single victim.

The emotional and historical power of the word “lynching”–especially in the Deep South, where the majority of lynchings happened–has long been seen by critics as especially cruel when applied to instances in which black men are arrested.

‘Lynching is a particular type of crime’

“Lynching is a particular type of crime that has been recognized socially and by the state as having certain distinct attributes, and so the [South Carolina lynching law] is a corruption not only of the idea of what a lynching is, but also the historical memory of what a lynching is,” says University of North Carolina history Prof. Fitzhugh Brundage, who has written on black historical memory in the South since the Civil War.


The South Carolina lynching law has been used to prosecute both blacks and whites, but came under fire in 2003 when the Associated Press reported that it was being frequently used and that 69 percent of its targets were young black men, and 67 percent of those convicted for lynching were black.


Lynching law a tool to fight gang crime?

For law enforcement agencies, however, the law had become an effective tool to fight urban gang crime. Former Charleston, S.C., police chief Reuben Greenberg, the city’s first black chief, told the AP that he had used it many times, primarily to control gang problems in the old port city.

Trey Walker, a spokesman for state Attorney General Henry McMaster, told the AP in 2003 that since there’s no mention of race in the statue, “The law is colorblind.”

But that explanation didn’t ring true with the Sentencing Reform Commission, whose changes still have to be approved by the legislature.

“It was brought to our attention that, ‘Look, this name has a negative connotation and people are being charged with something that really has nothing to do with what people perceive to be lynching,’ ” says Rep. Murrell Smith, the Republican chairman of the reform commission.


While the law’s modern application may be “grotesque,” as Professor Brundage puts it, the fact is that South Carolina was the one Deep South state to actually fight back against lynchings during the years of the brutal practice.

Other states had many more lynchings

{snip} South Carolina prosecutors became the first ones in the South to use an anti-ynching law in the mid-1920s to give redress to the family of a black man lynched while county authorities looked the other way.

Still, in the wake of the long-running controversy over the Confederate flag on the state capitol grounds, Rep. Joe Wilson’s “You lie!” outburst during President Obama’s healthcare speech to Congress, and Gov. Mark Sanford’s brush with impeachment over an affair with a woman in Argentina, some commentators see in the changes to the lynching law a growing sensitivity among lawmakers over the state’s national profile and reputation.

“South Carolina has been embarrassed by a series of racially tinged scandals, and to look at South Carolina as a place where they’re prosecuting African-Americans for lynching of all things, how’s that going to look and play in terms of national politics and national PR?” says Earl Ofari Hutchinson, a political analyst and the author of the upcoming book “How Obama Governed: The year of crisis and challenge.”

“It seems that South Carolina is beginning to come to grips and wrestle with this black eye and realize that this is an embarrassing law,” he says.

[Editor’s Note: An instance of South Carolina’s application of this law is the subject of an article that can be read here.]