OUTLAWRY IN THE “WILD WEST” Generic description or judicial act?

by CChippy

In public discourse about the “Wild West” a large number of people are referred to as “Outlaws”. In Australia, during approximately the same period, outlawry was declared by judicial action under the “Felons Apprehension Acts” as declared in the colonies of New South Wales and Victoria to combat bushranging. It required that for someone to be declared an “Outlaw”, a Supreme Court Judge first issued a bench warrant for the arrest of the suspected felon, then caused a summons to be published in the Government Gazette and distributed. If the accused was not in custody on the date specified the judge could declare him an outlaw, and if the Governor of the colony with the advice of his Executive Council gazetted the declaration of outlawry any person could apprehend the outlaw and if the outlaw was killed in the process it was justifiable homicide. Also anyone identified as providing any support to the outlaw by providing him with information, food , ammunition, clothing etc. could be imprisoned and forfeited all his property whether or not the outlaw was found guilty of any crime..

Was outlawry in America defined the same way or is it just a general term to describe a suspected criminal?

[deleted]

I am not aware of any legal procedure in the US as you describe. Arrest warrants for suspected criminals could be issued by any qualified court, and extradition was up to whomever arrested the criminal; much like modern American law. Generally speaking, the more minor the crime, and further away from where it happened, the less people cared. This practice still exists today, it's possible to have misdemeanor warrants and not get extradited to where they are valid.

Felonies are of course a different matter, and state or federal officers handling the matter, including extradition or prosecution.

As a general rule, killing a fugitive felon while resisting apprehension is considered justifiable homicide, then or now.

So to answer, there is no legal classification of Outlaw in the US, but fugitive felons, and persons wanted for felonies fill a similar niche.