Entry Category: Law - Starting with A

Anti-miscegenation Laws

Anti-miscegenation laws were edicts that made it unlawful for African Americans and white people to marry or engage each other in intimate relationships. The measures first appeared in the United States in colonial times and had two functions. First, the laws helped maintain the racial caste system necessary for the expansion of slavery and the idea of white supremacy. If white masters took slave women as lovers and fathered children by them, anti-miscegenation laws ensured that the children remained slaves because the illicit nature of the relationships left biracial children with none of their father’s free status. Second, anti-miscegenation statutes gave white men greater power to control the sexual choices of white women. In the colonial period, white patriarchs used …

Arcene, James

James Arcene, a Cherokee man, was sentenced to death for a crime he committed years before. While aspects of his short life are shrouded in legend, he was known to be sentenced to death after his conviction for a robbery and murder he had committed when he was approximately ten years old, making him, if this story is true, the youngest person on record to have committed a crime for which he later received the death penalty. Arcene’s fellow defendant was William Parchmeal. James Arcene is believed to have been born in 1862. Virtually nothing is known about his youth. The basic facts of the crime as established at the trial and afterward were comparatively straightforward, with it being determined …

Arkadelphia Lynching of 1879

aka: Lynching of Daniels Family
In late January 1879, Ben Daniels and two of his sons—who were accused of robbery, arson, and assault—were lynched in Arkadelphia (Clark County). There is some confusion as to the actual date of the lynching. A January 31 report in the Arkansas Gazette said only that it had happened several days previous. The Cincinnati Daily Star reported that it took place on Sunday night, which would have been January 26. The Cincinnati Enquirer, however, reported that the lynching occurred on Friday, January 24. At the time of the 1870 census (nine years before the incident), thirty-three-year-old Benjamin (Ben) Daniels was living in Manchester Township of Clark County with his wife, Betsy, and eight children. His older sons were Charles (thirteen …

Arkansas “Scottsboro” Case

aka: Bubbles Clayton and James X. Caruthers (Trial and Execution of)
aka: Caruthers, James X., and Bubbles Clayton (Trial and Execution of)
The trial and conviction of African-American farm laborers Bubbles Clayton and James X. Caruthers for the rape of a white woman, Virgie Terry, in Mississippi County drew national attention to the Arkansas criminal justice system and became widely known as the Arkansas “Scottsboro” Case. Clayton, age twenty-one, and Caruthers, age nineteen, were arrested at Blytheville (Mississippi County) in January 1935 and charged as suspects in the armed robberies of couples in parked cars. Their arrest followed an incident in which Sheriff Clarence Wilson was injured in an attempted robbery while in a parked car near the Blytheville country club. Taken from the county jail by authorities on pretense of protection from mob violence, the two men were beaten with rubber …

Arkansas Bar Association

The Arkansas Bar Association, established in 1898, is a voluntary bar association with over 5,100 attorney members as of June 2007. For over a century, the association has been enhancing the lives of Arkansas citizens, the operation of the state’s judicial system, reform of state laws, and the professionalism of lawyers. Prior to 1898, there were efforts to form a state bar association, including a meeting of nineteen lawyers in 1837 to form a bar association for Arkansas lawyers, but none lasted. When the current association was founded in 1898, U. M. Rose was elected its first president. Rose also served as president of the American Bar Association in 1901, and he was later honored as one of the two …

Arkansas Blood Labeling Bill

aka: HB 385
On April 2, 1959, Governor Orval E. Faubus signed HB 385 (Blood Labeling Bill) into law, requiring blood banks to label the donor’s race. The bill was introduced by N. B. Murphy of Ashley County, who later called for the repeal of the bill in 1969. Faubus claimed the law would ease the minds of the “great majority” who feared transmission of sickle-cell anemia through blood transfusions. Despite thorough medical research stating that sickle-cell anemia cannot be spread through blood transfusions and knowing “it is hereditary, and can be transmitted from one person to another only by intermarriage which results in the birth of children,” Faubus and the “great majority” believed there was “always room for error” and that the …

Arkansas Cannon, Seizure of

aka: United States v. Six Boxes of Arms
This court case involved the seizure of a cannon in the North intended for a state in the South on the cusp of secession and, thereby, epitomized the political and military tensions that characterized the final months of sectional breakdown prior to the Civil War. The decision rendered in this case also established an important legal precedent in relation to lawful seizure of property and the retention of legal ownership with war on the horizon. On February 15, 1861, William J. Syms and Samuel R. Syms of the New York City munitions supply firm of W. J. Syms and Brother contracted with the State of Arkansas for an order of munitions to be delivered in two parts in early April. …

Arkansas Civil Rights Act of 1993

aka: Act 962 of 1993
The Arkansas Civil Rights Act (ACRA) was the first civil rights act in Arkansas covering discrimination based on race, religion, national origin, gender, or the presence of any sensory, physical, or mental disability. The passing of this act, Act 962 of 1993, was the culmination of the work of the Governors’ Task Force on Civil Rights, which was formed in 1991 by Governor Bill Clinton. The legislation was sponsored in the Arkansas Senate by Senator Bill Lewellen. In the early 1990s, most Arkansans reportedly did not feel that it was necessary to have a civil rights bill. However, Arkansas was one of only a few states at the time lacking such a law. Consensus was that the bill was passed …

Arkansas Court of Appeals

The Arkansas Court of Appeals (ACA) serves the state as its intermediate appellate court. For a large number of cases, however, it functions as the final court of review. Parties to lawsuits in Arkansas do not have a right to appeal beyond the Court of Appeals, and the Arkansas Supreme Court generally hears only appeals raising unique questions of law. Thus, for most cases in which the law is settled, the Court of Appeals serves as the parties’ only opportunity for review of lower court decisions. The ACA is composed of twelve judges and primarily hears appeals from Arkansas Circuit Courts and the Arkansas Workers’ Compensation Commission. Created by constitutional amendment in 1978, the Court of Appeals was established to …

Arkansas Department of Corrections

The umbrella entity of the Arkansas Department of Corrections, created by Act 910 of 2019, is composed of over 6,000 employees within the following: the Division of Correction (formerly the Arkansas Department of Correction), the Division of Community Correction (formerly Arkansas Department of Community Correction), the Corrections School System (Arkansas Correctional School District and Riverside Vocational Technical School), and the Office of the Criminal Detention Facility Review Coordinator, along with the administrative functions of the Criminal Detention Facility Review Committees, Parole Board, Sentencing Commission; and State Council for the Interstate Commission for Adult Offender Supervision. The Division of Correction (ADC) enforces the court-mandated sentences for people convicted of crimes at a variety of prison facilities located in twelve counties across …

Arkansas Division of Community Correction (ADCC)

The Arkansas Division of Community Correction (ADCC) oversees the state’s non-traditional correction programs, such as probation and parole, as well as community correction centers that offer drug/alcohol treatment and vocational programs. ADCC’s mission is “To promote public safety and a crime-free lifestyle by providing cost-effective community-based sanctions, and enforcing state laws and court mandates in the supervision and treatment of adult offenders.” ADCC was originally named the Arkansas Department of Community Punishment, which was created by Acts 548 and 549 of 1993. The act noted that “the ever increasing numbers of offenders in traditional penitentiaries” brought “added fiscal pressures on state government” and thus sought to bring the cost down “through the use of community punishment programs and non-traditional facilities” …

Arkansas Freedom of Information Act

aka: Freedom of Information Act
aka: FOIA
The Arkansas Freedom of Information Act (FOIA), signed into law by Governor Winthrop Rockefeller on February 14, 1967, is generally considered one of the strongest and best models for open government by investigative reporters and others who research public records for various purposes. The intent of the FOIA is to keep government business and government records open and accessible to the people of Arkansas. The Arkansas FOIA has been called “the people’s law” in that it provides the citizens of Arkansas open access to the conduct of the public’s business at every level of government, as well as ready access to public records on file with a host of custodians for those records in county courthouses, city halls, public schools, …

Arkansas Highway Police

The Arkansas Highway Police is the oldest statewide law enforcement agency in Arkansas and serves as the law enforcement branch of the Arkansas Department of Transportation. The duties of the agency have changed over time, but the emphasis remains on protection of the state’s highway and transportation system. The Highway Police is overseen by an agency director with the rank of chief. The chief serves at the pleasure of the director of the Arkansas Department of Transportation. The Highway Police’s main headquarters are located in Little Rock (Pulaski County) next to the central office of the Department of Transportation. The Highway Police is divided into five districts, each of which is commanded by an officer with the rank of captain. …

Arkansas Law Review

The Arkansas Law Review is a student-edited law journal that publishes scholarly articles on state and national legal issues. Affiliated with the University of Arkansas (UA) School of Law in Fayetteville (Washington County), the journal is published four times each year by the nonprofit Arkansas Law Review, Inc. Each issue contains articles authored by legal scholars or practicing attorneys, as well as student-authored comments and notes on recent legal developments. The Arkansas Law Review published its first issue in January 1947, replacing the University of Arkansas Law School Bulletin, which had been published intermittently since 1929. Dean Robert A. Leflar of the UA School of Law was instrumental in the establishment of the journal. From its inception until the late …

Arkansas Legislative Audit

Arkansas Legislative Audit (ALA) examines the books and records of state agencies and political subdivisions to report on their financial condition and compliance with law. Established in 1953 by the Arkansas General Assembly, ALA is an agency located within the legislative branch of Arkansas state government, reporting to the forty-four-member Legislative Joint Auditing Committee (LJAC), a legislative committee composed of both senators and state representatives. Originally, ALA was created to audit state agencies and institutions. In 1969, overriding Governor Winthrop Rockefeller’s veto, the legislature enacted a law transferring authority to audit counties, municipalities, and school districts from the executive branch to ALA. ALA conducts over 1,000 engagements annually, including audits, special reports, and investigative reports. These engagements examine the state’s …

Arkansas Loan and Thrift

Arkansas Loan and Thrift Corporation (AL&T) was a hybrid bank that operated for three years outside state banking laws with the help of political connections in the 1960s before coming to a scandalous end. A U.S. district judge halted the operations and placed the company in receivership in March 1968, and a federal grand jury indicted three officers of the company, as well as a former Arkansas attorney general. AL&T became a symbol of the corruption and lethargy that were the products of Governor Orval Faubus’s twelve-year control of the statehouse and, in the opinion of Governor Winthrop Rockefeller, the Democratic Party’s unfettered reign in government since Reconstruction. It was jokingly called “Arkansas Loan and Theft.” The grand jury indictment …

Arkansas Married Woman’s Property Law

Under the common law that prevailed in all American jurisdictions except Louisiana, once a woman married, all her property passed to her husband. During the nineteenth century, some of the American states began to chip away at what Judge Jno. R. Eakin styled “the old and barbarous common law doctrine.” Arkansas played a leading role in this development; in 1835, Arkansas Territory passed the first law in the nation bestowing on married women the right to keep property in their own names. Two factors influenced the law’s adoption. First, in western areas, men outnumbered women, thus giving the women who were there more power. Second, planters were interested in protecting the bequests made to their daughters from being squandered by …

Arkansas Prison Blood Scandal

The Arkansas prison blood scandal resulted from the state’s selling plasma extracted from prisoners at the Cummins Unit of the Arkansas Department of Correction (ADC). Corruption among the administrators of the prison blood program and poor supervision resulted in disease-tainted blood, often carrying hepatitis or HIV, knowingly being shipped to blood brokers, who in turn shipped it to Canada, Europe, and Asia. Revelation of the misdeeds and the healthcare crisis it created in Canada nearly brought down the Liberal Party government in 1997. In 1994, Arkansas became the last state to stop selling plasma extracted from prisoners. Arkansas’s prison blood program began in 1964 as a way for both prisoners and the prison system to make money. (Arkansas law forbids …

Arkansas State Crime Laboratory

The Arkansas State Crime Laboratory was established by Act 517 of 1977, Act 864 of 1979, and Act 45 of 1981. The laboratory offers services to state law enforcement agencies in forensic pathology, toxicology, physical evidence (serological and trace evidence), drug analysis, latent fingerprint identification, firearms and toolmarks, digital evidence, and DNA. The laboratory also participates with several federal agencies in the collection of data in the areas of DNA, through the Combined DNA Index System (CODIS); latent fingerprints, though the Integrated Automated Fingerprint Identification System (IAFIS); and firearms, through the National Integrated Ballistic Information Network (NIBIN). In 2019, the Arkansas State Crime Laboratory was placed under the newly created umbrella agency the Arkansas Department of Public Safety (ADPS), along …

Arkansas State Police

A division within the umbrella agency of the Arkansas Department of Public Safety (ADPS), the Arkansas State Police is the state’s primary statewide law enforcement agency. Although it has had many duties since its inception, the primary functions of the agency remain criminal investigation, traffic safety, and highway patrol. As a state agency, the State Police is overseen by a director bearing the rank of colonel who serves at the pleasure of the governor. The State Police’s main headquarters are located in Little Rock (Pulaski County), with the highway patrol organized into twelve regional “troops,” each commanded by a captain, and the criminal investigation division organized into six regional “companies,” each commanded by a lieutenant. The creation of a centralized, …

Arkansas v. Corbit (1998)

There are three cases that may be designated as Arkansas v. Corbit. The case discussed here is the 1998 Arkansas Supreme Court case concerning Randy Corbit, who was arrested for the possession and sale of marijuana, and the subsequent property forfeitures that he faced. Although the case originally appeared insignificant, it ultimately set a groundbreaking new precedent for appeal structure. Randy Corbit, who lived in Phillips County, was under investigation by the First and Third Judicial Districts’ Drug Task Force and, specifically, by Michael Steele, who was a narcotics investigator. On the day of Corbit’s arrest, Steele sent two men, Christopher Jarrett and Edward Knapp, into the store where Corbit worked. These men were charged with the task of purchasing …

Armstrong, David Love

David L. Armstrong was born in Arkansas but had a long and distinguished career in Kentucky law and politics, serving as the commonwealth’s attorney general, mayor of Louisville, and chairman of the Kentucky Public Service Commission. A nationally known prosecuting attorney, he also was part of a delegation of prosecutors that visited the Soviet Union and served as a delegate to a United Nations mission in Austria. David Love Armstrong was born on August 6, 1941, in Hope (Hempstead County), where his maternal grandfather, Thompson Evans, was the railroad express manager and an alderman. The son of Elizabeth Evans Armstrong and Lyman Guy Armstrong, he grew up in Madison, Indiana, where he graduated from Madison High School. He attended Hanover …

Arnold, Morris Sheppard “Buzz”

Morris Sheppard “Buzz” Arnold is a senior judge on the U.S. Court of Appeals for the Eighth Circuit. The U.S. Eighth Circuit comprises seven states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. From 1992 to 2004, Arnold and his older brother, Richard Sheppard Arnold, had the distinction of being the only brothers in U.S. history to serve simultaneously on the same federal court of appeals. Morris Arnold, known informally as Buzz, was born on October 8, 1941, in Texarkana, Texas, to Richard Lewis Arnold and Janet Sheppard Arnold. His father was a lawyer, as was his grandfather, William Hendrick Arnold, who founded the Arnold and Arnold law firm in 1883 in Texarkana (Miller County). Arnold received a …

Arnold, Richard Sheppard

Richard Sheppard Arnold served on the U.S. Court of Appeals for the Eighth Circuit (which includes Arkansas) for twenty-four years, including seven years as the court’s chief judge. Widely considered a top candidate for nomination to the U.S. Supreme Court, Arnold narrowly missed appointments in 1993 and 1994. President Bill Clinton attributed his selection of other candidates to concerns about Arnold’s health. Richard Arnold was born in Texarkana, Texas, on March 26, 1936, to Richard Lewis Arnold and Janet Sheppard Arnold. The family had long been prominent in legal and political circles. Arnold’s paternal grandfather, William Hendrick Arnold, founded Arnold and Arnold, the leading law firm of southern Arkansas. His maternal grandfather was Senator Morris Sheppard of Texas. Arnold was …

Arnold, William Howard “Dub”

William Howard “Dub” Arnold is a former prosecutor, municipal judge, and chief justice of the Arkansas Supreme Court. Dub Arnold was born on May 19, 1935, in Arkadelphia (Clark County) to Howard Arnold, who was a farmer and store owner, and Melvia Taylor Arnold. The Arnolds also had two daughters, both of whom died as children. Arnold grew up in Clark County and attended school in rural Clark County and Gurdon (Clark County) before graduating from Arkadelphia High School in 1954. He had been elected student body president. The family had moved to Arkadelphia when Howard Arnold was elected as Clark County sheriff. The Arnold family lived in an apartment under the jail during his high school years. Arnold attended …

Ashley County Lynching of 1857

Prior to the Civil War, most lynchings in Arkansas and across the nation (particularly on the frontier) took the form of vigilante justice, usually to punish white criminals or Southern abolitionists. Although there are newspaper reports of the lynching of four slaves in Saline County, Missouri, in 1859 and reports of a group of slaves accused of fomenting rebellion in North Texas in 1860, slaves were the legal property of their owners. The murder of a slave by someone other than his or her master resulted in a loss of property, which the master presumably wanted to avoid. However, there were instances in which the white community insisted on executing miscreant slaves rather than preserving the owner’s property. There was at least …

Atkins Race War of 1897

What most newspapers described as the “Atkins Race War” occurred in Lee Township of Pope County in late May and early June 1897. In what appears to have been an unprovoked incident, a group of African Americans attacked two white men, Jesse Nickels and J. R. Hodges, just south of Atkins (Pope County) on May 30. In subsequent encounters, several residents of Lee Township, both white and black, were killed and wounded. Despite the fact that the events in Pope County attracted national attention, the extant newspaper records provide little information regarding the motivations of those who perpetrated the violence. This area of the county, located in rich farmland along the Arkansas River, was populated mostly by farmers. Atkins, which …

Atkins, Jerry (Lynching of)

Jerry Atkins, a black man, was murdered in Union County on November 21, 1865, for having allegedly murdered two school-age children. The lynching was notable for the viciousness it exhibited, a brutality that foreshadowed later lynchings in the state and nation, as well as the fact that it was witnessed by federal troops still occupying the state following the Civil War. Little information exists regarding the lynching. According to an account of the event in the Goodspeed history of the area, Atkins waylaid and murdered two siblings on their way to school on November 7, 1865. The two children were Sarah K. Simpson, who was thirteen years old, and Jesse G. Simpson, eight. The diary of George W. Lewis of …

Atkinson, Richard Bernard

Richard B. Atkinson was the tenth dean of the University of Arkansas School of Law in Fayetteville (Washington County). While serving as an administrator, he continued to teach classes as a member of the law school faculty, consistently being ranked by peers and students as one of the most popular and highly rated professors. In addition, Atkinson was a longtime member of the board of directors of Washington Regional Medical Center and was a founding board member of the Northwest Arkansas Radiation Therapy Institute (NARTI), as well as being an active patron of the arts. Richard Bernard Atkinson was born in Pittsburgh, Pennsylvania, on September 3, 1946, to Richard Jasper Atkinson, who had a career in the tractor sales business, …

Atkinson, Wash (Lynching of)

On December 6, 1877, an African-American man named Wash Atkinson was hanged by a mob in Arkadelphia (Clark County) for allegedly attacking a white man named H. G. Ridgeway. Ridgeway was probably carpenter H. G. Ridgeway, who at the time of the 1880 census was a fifty-three-year-old widower living in Arkadelphia. On December 1, 1877, Arkadelphia’s Southern Standard published an account of the original crime. According to this report, Ridgeway, acting as “night policeman,” had been patrolling the western part of the city on Saturday, November 24. During that time, he attempted to arrest two African Americans, Wash Atkinson and Ike Smith, for disorderly conduct. While Ridgeway was holding Smith by the arm, Atkinson dropped behind them and hit Ridgeway …

Attorney General, Office of

The attorney general, one of the state’s seven constitutional offices, is the state’s top law enforcement officer and consumer advocate. The office of attorney general was not originally a constitutional office but rather was created by Act 1 of 1843, which designated the state’s attorney for its Fifth Judicial District as the attorney general. The first attorney general was Robert W. Johnson. The constitution of 1868 made the post elective, though it required only that the attorney general “perform such duties as are now, or may hereafter, be prescribed by law.” This was reaffirmed in the constitution of 1874. Act 131 of 1911 laid out four general responsibilities of the attorney general’s office: 1) to give opinions to state officers …