Entries - Entry Category: Law - Starting with A

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” …

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, …

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. …

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 (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 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 …

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 …

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 …

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 …

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, …

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 …

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 …

J. M. Armstrong, convicted in a doctor’s killing that he claimed was in self-defense, was hanged at Perryville (Perry County) on April 30, 1886, one of two Arkansans to die on the gallows that day. On February 11, 1885, Dr. Thomas Ferguson failed to come home after visiting a patient, though his horse returned. His body was found on a road about sixteen miles southwest of Perryville the next day by a search party led by J. M. Armstrong. Suspicion fell on Armstrong and John Roland, two “hard characters” who had been seen heavily armed in the area on the previous day. “The crime created so much excitement that on the day of the burial a posse arrived at the …

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 …

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 …

William Howard “Dub” Arnold was a prosecutor, municipal judge, and chief justice of the Arkansas Supreme Court. Dub Arnold was born on May 19, 1935, in rural 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 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 (Clark County) 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 Henderson State Teachers College (now …

William Arterberry, an accused arsonist, was shot to death by a mob at Harrison (Boone County) on October 22, 1880. William Arterberry, a twenty-seven-year-old farmer, lived in Harrison with his wife Elmira and their son and two daughters. In the fall of 1880, the floor of the local jail was “saturated with coal oil” and set ablaze; the fire was discovered and quickly extinguished. Arterberry was “arrested, charged with the deed, and it was only circumstantial evidence against him.” On the evening of October 22, 1880, Arterberry and his three guards were returning to Harrison after eating at a nearby hotel when they were “halted by a number of mounted men and immediately surrounded by overwhelming numbers.” The guards drew …

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 …

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 …

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 …

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, …

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 …

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 …

Slaves in the United States had no legal rights and only limited access to legal protection, so few legal cases in antebellum Arkansas involved African Americans. Even fewer of those cases were ever reviewed by the Arkansas Supreme Court. However, a case in 1854 established a new principle for Arkansas courts that allowed slave owners to testify in criminal cases involving their own slaves. The murder trial of Austin, a slave in Independence County, was appealed to the state’s high court on several procedural issues, one of which was the denial of his owner’s testimony. The court found that such testimony must be permitted, thus throwing out the circuit court’s decision and ordering a new trial. The event that led …

On July 30, 1917, an African-American man named Andrew Avery was lynched for allegedly attacking a levee contractor named Will Woods (also referred to as W. J. Woods and William Wood) several days earlier. Although a headline in the Arkansas Gazette indicates that Avery was lynched in Garland City (Miller County), information in the article itself seems to indicate that Avery was captured by Deputy Sheriff Walter Oden at Sheppard (in neighboring Hempstead County) and a mob intercepted them on their way to the Hempstead County jail. Another article in the Pine Bluff Daily Graphic, however, omits any mention of Sheppard or Hempstead County and reports that Oden was taking Avery to the jail in Texarkana (Miller County) when he …