It's the middle of the night and the Ku Klux Klan has just arrived at my house and looking to do harm. I have right to bear arms and a right to self-defense, so I start blastin'. Do I have any type of protection under the law in the Jim Crow South? Am I arrested the following morning?

by J2quared

EDIT: To add more details:

Let's assume 3 different scenarios:

  1. I fire into the air to let them know I am armed.

  2. I fire and injure someone. Do I now have evidence for self-defense? Bob just coincidently got shot in the shoulder last night . . .

  3. I fire and kill a Klan member. I just pissed off the entire town, but I was well within my rights to defend myself and family. Am I arrested?

rocketsocks

First off, let's address your scenario number 1, firing "warning shots" is not legal and never has been, regardless of the scenario. How and whether that gets prosecuted depends entirely on local proclivities which I won't address.

The big open question here is are you black or are you white?

If you are black then you will find that you probably have an uphill battle here, to say the least. There are basically three likely scenarios. Scenario 1: the mob kills you. Scenario 2: you get arrested then charged and convicted by an all white jury. Scenario 3: you get arrested and then a mob rushes the jail (perhaps with the assistance of the local police), drags you out and lynches you in public. All of these things have happened in the Jim Crow South.

For example, during the Red Summer of 1919 an organized white mob attacked black farmers who had been labor organizing in Elaine, Arkansas. Over a period of two days the mob murdered over 100 black American citizens who had rights and protections only on paper but not in practice. Afterward, dozens of black folks were arrested on trumped up charges. 12 were tried and convicted by all white juries and sentenced to death for the deaths of 5 white folks during the massacres, many others who were arrested rushed to plead guilty to lesser charges that came with only prison sentences. Those who were convicted to die became the source of considerable attention and there was a significant effort to prevent the injustice of their executions from occurring. Through various efforts both legal and political all 12 were saved from execution and eventually freed over the next several years, the last being given "indefinite furloughs" in 1925 at the end of the Arkansas Governor's term of office. This event set a precedent for greater federal scrutiny of issues of due process in convictions made in the Jim Crow South, but even afterward justice was the exception rather than the rule for black Americans at the time. Note that the dozens of others caught up in the aftermath of the Elaine Massacre who had been forced to accept plea deals still served out significant prison sentences.

Another example occurred the following year in 1920 in Paris, Texas, the story of brothers Irving and Herman Arthur. The Arthurs were sharecroppers of the Hodges, after refusing demands to work extra on Sundays and Saturdays the Hodges (John and his son William) visited the Arthur household, harassed and threatened them, and held them at gunpoint. When the Arthurs attempted to flee three days later the Hodges returned and again threatened them, this time firing a shot toward them while they were packing. Eventually one of the Arthurs' sons managed to get a gun from the house and shot and killed both John and William Hodges. Irving and Herman were arrested a few days later. A mob of white folks rushed the jail and after talks with the jailer took custody of the two, within minutes the brothers were brought to the local fairgrounds where they were burned alive in front of a crowd of about 3000 and their charred corpses were then dragged around the streets in a "parade" of several cars. The Arthur sisters (14, 17, and 20) were arrested, beaten, stripped, and repeatedly raped before being released after Irving and Herman had been killed.

If, however, you are white and you are not killed immediately by the mob then you have at least a marginally greater chance of some semblance of due process. You are more likely to survive long enough to actually be brought to trial, and your trial is more likely to last longer than an hour with zero defense witnesses called. Consider that jurors are picked from voter rolls and in the Jim Crow South only white folks can vote, so you are guaranteed an all white jury. I wouldn't say your chances of successfully avoiding conviction through a self-defense argument would be zero, but they would be pretty slim, and a lot would depend on the details, the attention your case brought nationally, etc, etc, etc.