vHOOKS, BENJAMIN LAWSON CIVIL RIGHTSadvocate Benjamin Lawson Hooks is best known as the forceful executive director of the National Association for the Advancement of Colored People NAAC
Trang 1avoided conviction In 1999 he was convicted of second-degree murder following the nationally televised broadcast of a videotape showing Kevorkian injecting a lethal drug into a patient
In 2000 the New England Journal of Medicine revealed a study showing that 75 percent of the
69 Kevorkian-assisted deaths that were investi-gated were of victims who were not suffering from a potentially fatal disease; five had no discernible disease at all Instead, it appeared that many of the suicides were the result of depression or psychiatric disorder
In 1997 Oregon was the first state to adopt a statute permitting physician-assisted suicide
Although the statute was a source of con-siderable controversy, the U.S Supreme Court upheld the law in a 2006 decision The Supreme Court, in the case of Gonzales v Oregon, did not make any broad determinations with respect to the right to die Instead, the decision focused on the government’s attempt to use the federal Controlled Substances Act (CSA) to undermine the Oregon law allowing for physician-assisted suicide The Supreme Court held that the government could not use the CSA to prosecute physicians that provide deadly doses of medicine
to terminally ill patients In 2008 Washington became the second state to establish a law allowing for physician-assisted suicide
FURTHER READINGS Chan, Samantha 2000 “Rates of Assisted Suicides Rise Sharply in Oregon ” Student BMJ 11.
FAQs about the Death With Dignity Act State of Oregon.
Available online at http://www.oregon.gov (accessed June 10, 2009).
Garland, Norman M 2009 Criminal Law for the Criminal Justice Professional 2nd Ed New York: McGraw-Hill.
Kadish, Sanford H., ed 1983 Encyclopedia of Crime and Justice Vol 2 New York: Free Press.
Lafave, Wayne R., and Austin W Scott, Jr 1986 Substantive Criminal Law Vol 2 St Paul, MN: West.
Loewy, Arnold H 2003 Criminal Law in a Nutshell 4th Ed.
St Paul, MN: West.
“New Revelations about Dr Death.” 2000 Macleans 113.
Torcia, Charles E 1994 Wharton’s Criminal Law 15th ed.
New York: Clark, Boardman, Callaghan.
CROSS REFERENCES Death and Dying; Insanity Defense.
HONOR
As a verb, to accept a bill of exchange, or to pay a note, check, or accepted bill, at maturity To pay
or to accept and pay, or, where a credit so engages,
to purchase or discount a draft complying with the terms of the draft
As a noun, in oldENGLISH LAW, a seigniory of several manors held under one baron or lord paramount Also those dignities or privileges, degrees of nobility, knighthood, and other titles that flow from the crown
In the United States, the customary title of courtesy given to judges, and occasionally to some other officers, as, “his honor,” “your honor,”
“honorable.”
HONORARY TRUST
An arrangement whereby property is placed in the hands of another to be used for specific non-charitable purposes where there is no definite ascertainable beneficiary—one who profits by the act of another—and that is unenforceable in the absence of statute
Trusts for the erection of monuments, the care of graves, the saying of Masses, or the care
of specific animals, such as a cat, dog, or horse, are examples of honorary trusts Honorary trusts for the benefit of specific animals differ from charitable trusts that have as a trust purpose the benefit of animals in general In many jurisdictions, legislation validates special provisions for the upkeep of graves and monuments Similarly, trusts for the saying of Masses are upheld as charitable trusts
As a general rule, the designated trustee, one appointed or required by law to execute a trust, can effectuate the intent of the settlor—one who creates a trust—if he or she chooses to do so Since there is no beneficiary who can enforce the trust, the implementation of the purposes of the trust depends upon the honor of the trustee If the person does not execute the trust duties, he
or she holds the property for the settlor or the settlor’s heirs on the theory of aRESULTING TRUST Jurisdictions differ as to the extent to which honorary trusts will be recognized, if at all Honorary trusts are usually limited by considera-tions of public policy For instance, they cannot exist beyond the period of the RULE AGAINST PERPETUITIES, and their amounts cannot be unrea-sonably large for the purpose to be accomplished The purpose must also be that of a reasonably normal testator and cannot be capricious
A settlor bequeaths $1,000 to a trustee to care for the settlor’s cat and dog, and $1,000 for the purpose of maintaining the settlor’s home in the
308 HONOR
Trang 2same condition as of the instant of his death for
20 years thereafter, with all windows and doors
blocked shut Upon the settlor’s death, the
residuary legatee inherits any money that remains
in the estate after all other claims are paid and
makes claims to both sums of money under these
testamentary provisions A court will find that
the residuary legatee has no right to the $1,000
left for the cat and dog unless the trustee refuses
to fulfill the obligations of caring for the dog and
cat The residuary legatee is, however, entitled to
the other $1,000 Neither of these provisions of
the settlor’s will created a private trust
As a general rule, the beneficiary of a private
trust must be competent to come into court
either in person or by guardian and enforce the
trust duties against the trustee Neither the cat
nor the dog can appear in court Some states
permit provisions for reasonable sums to
specific animals to be valid honorary trusts as
long as public policy is not violated If the
trustee fails to properly execute his or her duties,
he or she holds the property in resulting trust
for the heirs orNEXT OF KINof the decedent In
this example, if the trustee spends the $1,000 in
caring for the dog and cat, he or she is not liable,
but if he or she does not, a court will order the
trustee to turn the money over to the residuary
legatee as the beneficiary of a resulting trust If
the purpose of an intended honorary trust is
capricious, the trust will fail In this case, there is
no legitimate end to be served by keeping the
settlor’s home boarded up for 20 years The
purpose is capricious and the trust fails
Therefore, the $1,000 set aside for this purpose
is held by the trustee in resulting trust for the
residuary legatee who must receive it
vHOOKS, BENJAMIN LAWSON
CIVIL RIGHTSadvocate Benjamin Lawson Hooks is best known as the forceful executive director of the National Association for the Advancement
of Colored People (NAACP) from 1977 to 1993
Before he led the NAACP, Hooks made a virtual career out of shattering U.S racial barriers He was the first African American ever appointed
to a Tennessee criminal court and the first African American named to the FEDERAL COM-MUNICATIONS COMMISSION(FCC) Hooks was also
an ordained minister, a television host and producer, a savings and loan administrator, a public speaker, and a fast-food executive
Hooks was born January 31, 1925, in Memphis As an African American living under
JIM CROW LAWS, he experienced the daily
◆
◆
◆
◆
◆
❖
1925 Born,
Memphis, Tenn.
1939–45 World War II
1950–53 Korean War
1961–73 Vietnam War
1943 Drafted into U.S Army
1944 Earned B.A from Howard University
1948 Received doctor of laws degree from DePaul University
1961–65 Served
as assistant public defender of Shelby County, Tenn.
1972 Appointed by President Nixon as first African American member of FCC
1965–68 Appointed first African American judge on a Tenn criminal court (Shelby County Criminal Court)
1977–93 Served as executive director of NAACP
1998 Received National Civil Rights Museum Freedom Award; named Distinguished Professor of Political Science and History, University of Memphis
2007 Awarded Presidential Medal
of Freedom
1993 Became senior vice president at the Chapman Company
1996 Benjamin L Hooks Institute for Social Change founded at University of Memphis
Benjamin Hooks CHIP SOMODEVILLA/ GETTY IMAGES
Trang 3indignities of southern segregation His parents, Bessie Hooks and Robert B Hooks, raised their seven children with high moral and academic standards After high school, Hooks enrolled at LeMoyne College, in Memphis, but his college career was interrupted by WORLD WAR II Hooks was drafted into the U.S Army in 1943 and rose
to the rank of staff sergeant
After his military service, Hooks attended Howard University, in Washington, D.C., and graduated with a bachelor of arts degree in 1944
Hooks then traveled to Chicago to study law at DePaul University Although Hooks wanted to enroll in a Tennessee law school, he could not do
so because law schools in Tennessee refused to admit African Americans Hooks graduated with
a doctor of laws degree from DePaul in 1948 In
1949, he moved back to Memphis and started his own law practice In 1952, he married Frances Dancy, and later, they had one child, Patricia
During the 1950s Hooks became active in the growing national CIVIL RIGHTS MOVEMENT Along withMARTIN LUTHER KINGJr., Hooks served
on the Board of Directors for the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE During this time, Hooks also became an ordained Baptist minister and accepted a call as pastor of the Middle Baptist Church in Memphis Adding to
an already busy life, Hooks became vice president of a savings and loan association he helped found in Memphis in 1955
In 1961 Hooks took over as assistant public defender of Shelby County His role led to an appointment in 1965 by Governor Frank G
Clement of Tennessee to the Shelby County Criminal Court With this appointment, Hooks became the first African American to serve as judge on the Tennessee criminal bench In 1966
he was elected on his own to a full eight-year term In the meantime, Hooks became minister
of the Greater New Mount Moriah Baptist Church in Detroit He flew to Detroit twice a month to lead his congregation
In 1968 Hooks resigned his criminal court judgeship to become president of Mahalia Jackson Chicken Systems, a fast-food franchise
In 1972, he was appointed by PresidentRICHARD
M.NIXONto become a member of the previously all-white FCC, the federal agency that licenses and regulates radio, television, satellite com-munications, telephones, and telegraph trans-missions This position allowed him to focus public attention on the image of African Americans in radio and television and to increase minority jobs in broadcasting
In 1977 Hooks assumed the position with which he is most commonly identified: execu-tive director of the NAACP Following in the footsteps of the retiring ROY WILKINS, Hooks accepted the job because he deeply respected the NAACP and because he wanted to complete some of the unfinished business of the equal rights movement A tireless worker, Hooks spent long days in the NAACP Baltimore headquarters performing what he called the
“killing job.”
During Hooks’s tenure the NAACP expressed concern over homelessness, drug abuse, inade-quate education, and neighborhood safety Hooks lamented the rise of an intractable urban underclass and warned that the promise of jobs and economic independence for African Americans must be met soon
Hooks’s important accomplishments with the NAACP include his work in convincing Congress to impose sanctions against South Africa’s system of apartheid, for legislation creating fair housing rights, and for a federally recognized holiday to celebrate the life and work of Martin Luther King Jr
Hooks’s achievements with the NAACP took on a special significance in view of the political conservatism that prevailed during his fifteen-year tenure as its head—a period when
RONALD REAGANandGEORGE H.W.BUSHwere in the White House Hooks vowed to keep the NAACP true to its progressive mission In fact, under his leadership, the NAACP refused to endorse the nomination of African American
CLARENCE THOMAS to the U.S Supreme Court because Thomas’s views were too conservative
By the time Hooks retired from the NAACP
in 1993, its membership had grown to more than 500,000 people in over 2,200 chapters across the United States Hooks was gratified by the results
of a 1992 survey in which the NAACP earned an
86 percent approval rating among those polled The organization worked hard to counter criticism that it was mired in the past and out
of touch with African American youths When Hooks retired from the NAACP post
in April 1993, the 64 members of the NAACP Board of Directors elected Benjamin F Chavis Jr., as his successor Hooks left the NAACP to embark on yet another career challenge—as a senior vice president at the Chapman Company,
a minority controlled brokerage and investment banking firm with offices in seven cities
BE A NEED FOR THE
THOUGHT THERE
WOULD COME A TIME
WHEN OUR WORK
EXISTS AND
INEQUALITY IS STILL
BUILT INTO THIS
—B ENJAMIN L H OOKS
310 HOOKS, BENJAMIN LAWSON
Trang 4The NAACP experienced turmoil in 1994
when a SEXUAL HARASSMENT lawsuit was filed
against Chavis Chavis resigned and was replaced
in 1996 by Kweisi Mfume who functioned as
president and CEO Throughout the controversy
Hooks remained supportive of the NAACP
After retiring from the NAACP, Hooks
remained active In addition to the Spingarn
Medal which he was awarded in 1986, Hooks
received numerous awards and more than 25
honorary degrees, and he has served as president
of the National Civil Rights Museum In 1996
the Benjamin L Hooks Institute for Social
Change was established at the University of
Memphis The purpose of the institute is to
promote understanding of the civil rights
move-ment and the quest forHUMAN RIGHTS Hooks also
served as the chairman of the Board of Directors
of the National Civil Rights Museum
In 2007 Hooks was awarded the Presidential
Medal of Freedom, the nation’s highest civilian
honor, by PresidentGEORGE W.BUSH.“Dr Hooks
was a calm yet forceful voice for fairness,
opportunity, and personal responsibility He never
tired or faltered in demanding our nation live up to
its founding ideals of liberty and equality,” said
Bush when he presented Hooks with the award
Hooks died April 15, 2010, in his home in
Memphis, Tennessee
FURTHER READINGS
“Benjamin Hooks, Leading Jurist and Civil Rights Leader.”
Voice of America February 26, 2008.
Bigelow, Barbara Carlisle, ed 1992 Contemporary Black
Biography Vol 2 Detroit: Gale Research.
Biography of Dr Benjamin L Hooks Benjamin Hooks
Institute for Social Change Available online at
http://benhooks.memphis.edu/drhooks.html (accessed
November 25, 2009).
Kluger, Richard 1976 Simple Justice New York: Random
House.
Orfield, Gary, Susan E Eaton, and Elaine R Jones 1997.
Dismantling Desegregation: The Quiet Reversal of Brown
v Board of Education New York: New Press.
Schwartz, Bernard 1986 Swann’s Way: The School Busing
Case and the Supreme Court New York: Oxford
University Press.
vHOOVER, HERBERT CLARK
Herbert Clark Hoover was the thirty-first
PRESIDENT OF THE UNITED STATES, serving from
1929 to 1932 A wealthy mining engineer,
Hoover directed humanitarian relief efforts
during and after World Wars I and II His
presidency was devastated by the stock market
crash of 1929 and the ensuing Great Depression
Hoover was born August 10, 1874, in West Branch, Iowa His father and mother died when
he was young, and he was raised by an uncle in Oregon He entered the first first-year class at Stanford University and graduated in 1895 with a degree in mining engineering He became
an expert on managing and reorganizing mines throughout the world He spent time in Australia and China before setting up his own engineering firm in London in 1908 By 1914 Hoover had become a millionaire
Hoover became involved in relief work during WORLD WAR I In 1914 he served as director of the American Relief Commission in England, which helped one hundred twenty thousand U.S citizens return home after being stranded at the outbreak of the war The British government then asked him to lead the Commission for Relief in Belgium His main achievement during this period was the distri-bution of supplies to civilian victims of the war
in Belgium and France
After the United States entered the war in
1917, President WOODROW WILSON named Hoover U.S food administrator In this capacity Hoover coordinated the production and con-servation of food supplies that could be used for the war effort Hoover also chaired the
Europe-an Relief Europe-and Reconstruction Commission, directing activities of numerous relief depart-ments and organizing the distribution of provisions After the war Hoover coordinated the American Relief Administration This
agen-cy provided food to millions during the famine
of 1921 in the Soviet Union
Hoover’s humanitarian efforts made him an international figure Democrats and Republi-cans sought to make him a presidential candi-date in 1920, but Hoover rejected their offers
Instead, in 1921 he accepted the position of secretary of commerce in the administration of President WARREN G HARDING, a Republican
Hoover was an energetic administrator, reorga-nizing the department and expanding its oversight into commercial aviation, highway safety, and radio broadcasting He chaired commissions that established the Hoover Dam and the St Lawrence Seaway
In 1928 Hoover won the Republican presidential nomination He easily defeated Democrat Alfred E Smith, on a platform of continued economic prosperity and support for Prohibition
NOT LIVE MANY HOURS AFTER FREE INDUSTRY AND FREE
—H ERBERT H OOVER
Trang 5Hoover devoted the early days of his presidency to improving the economic condi-tions of farmers He advocated foreign tariffs on imported farm products as a way to protect domestic farm prices Congress went beyond Hoover’s recommendation and in 1930 enacted the Hawley-Smoot Tariff Act (19 U.S.C.A
§ 1303 et seq.), which placed tariffs on nonfarm products as well The act severely damaged U.S
foreign trade
The control of Prohibition pursuant to the
EIGHTEENTH AMENDMENT and the VOLSTEAD ACT
(41 Stat 305 [1919]) had become a serious problem by 1929 ORGANIZED CRIME had seized the opportunity to sell illegal alcohol The only way large-scale liquor and speakeasy traffic could flourish was with the cooperation of law enforcement, so state and local law enforcement agencies were tainted with corruption In 1929 Hoover established the National Commission
on Law Observance and Law Enforcement, appointing GEORGE W WICKERSHAM to direct an investigation of the effectiveness of law enforce-ment practices in the United States The
WICKERSHAM COMMISSIONreport was an important inquiry into the practices of the U.S criminal justice system The report examined all facets of police work and, for the first time, discussed police brutality and the “third degree” method
of interrogating suspects The report called for the professionalization of police
The U.S economy appeared to be robust in
1929, but a rising stock market had been built
on stock purchases financed by widespread borrowing When the stock market crashed on October 29, individuals, banks, and other economic institutions were devastated Hoover sought to inspire public confidence by meeting with business leaders and by proclaiming that the economic downturn would be brief Hoover’s prediction was wrong The United States slid into the worst economic depression
in its history Hoover resisted massive federal intervention because he believed that the economy would correct itself He did approve some federal public works projects that provided jobs, but he opposed federal aid to the
Herbert Hoover.
LIBRARY OF CONGRESS
❖
1874 Born,
West Branch,
Iowa
◆
1908 Set up engineering firm in London, England
◆
1895 Graduated from Stanford University
1934 The Challenge
to Liberty
published
1932 Roosevelt won presidential election in landslide
1914–18 World War I
1964 Died, New York City
◆
◆
1930 Hawley-Smoot Tariff Act passed
1939–45 World War II
1951–52 Memoirs published
1950–53 Korean War
1961–73 Vietnam War
1900
◆
1914–21 Headed various American and European relief agencies
❖
◆
1921 Appointed U.S secretary of commerce
1929 Established Wickersham Commission
to investigate police corruption
1929–33 Served as president
of the United States
◆
◆ ◆
1946 Appointed to head the Famine Emergency Commission
1947 Hoover Commission proposed changes to executive department
◆
1929 Stock market crashed, led to Great Depression
312 HOOVER, HERBERT CLARK
Trang 6unemployed In his view private charity should
help those who had fallen on hard times
In 1932, with 12 million people out of work
and hundreds of banks failing, Hoover created
the Reconstruction Finance Corporation (RFC)
to extend loans to revitalize industry and to
keep banks from going into BANKRUPTCY
Con-gress authorized the RFC to loan up to $300
million to states for relief Many persons viewed
these actions as too little and too late
The troubles of the Hoover administration
culminated in the Bonus Army March on
Washington, D.C In 1932 World War I veterans
demanded monetary bonuses that had been
promised them in 1924, even though the
bonuses were not scheduled to be paid until
1945 The House of Representatives had passed a
bill authorizing early payment, and the veterans
sought to pressure the Senate to follow suit
More than 15,000 veterans, in desperate need of
funds, organized a march on Washington, D.C.,
to secure immediate payment from the
govern-ment The “bonus army” constructed a
make-shift city and declared that its members were
ready to stay until their goal was achieved
Hoover dispatched federal troops to destroy the
encampment and drive the veterans out of the
nation’s capital For doing so he received
nationwide criticism
The REPUBLICAN PARTY nominated Hoover
for a second term in 1932, but his candidacy
attracted little enthusiasm The DEMOCRATIC
PARTY nominee, New York Governor FRANKLIN
D ROOSEVELT, mounted a vigorous campaign
against Hoover’s economic policies, calling
for a “new deal” for U.S citizens Roosevelt
promised to balance the budget, provide
relief to the unemployed, help the farmer,
and repeal Prohibition He carried 42 of the
48 states
Hoover was angered by Roosevelt’s NEW
DEAL, which made the federal government the
dominant player in the national economy In
1934 he published The Challenge to Liberty,
which attacked Roosevelt and his policies He
then withdrew from public life until 1946, when
PresidentHARRY S.TRUMANasked him to return
to relief work Hoover subsequently directed the
Famine Emergency Commission, which
distrib-uted food supplies to war-torn nations In 1947
Truman authorized him to investigate the
executive department of the U.S government
The resulting Hoover Commission proposed
changes in the EXECUTIVE BRANCH that saved money and streamlined government
Hoover had a continuing interest in the Hoover Institution on War, Revolution, and Peace, which he founded at Stanford in 1919 and which remains an important research center He published his memoirs in three volumes (1951–52) and The Ordeal of Woodrow Wilson (1958)
Hoover lived longer after leaving the presidency than did any other president He died at age 90 on October 20, 1964, in New York City
FURTHER READINGS Hawley, Ellis, ed 1974 –1977 Herbert Hoover: Containing the Public Messages, Speeches, and Statements of the Presi-dent, 4 vols Washington, D.C.: U.S Government Printing Office.
Leuchtenberg, William E 2009 Herbert Hoover New York:
Times.
Walch, Timothy, ed 2003 Uncommon Americans: The Lives and Legacies of Herbert and Lou Henry Hoover Santa Barbara, CA: Praeger.
vHOOVER, JOHN EDGAR John Edgar Hoover served from 1924 to 1972 as the director of theFEDERAL BUREAU OF INVESTIGA-TION (FBI) During his long tenure, Hoover built the FBI into a formidable law enforcement organization, establishing standards for the collection and evaluation of information that made the FBI an effective crime fighting agency
However, Hoover’s reputation was tarnished by his collection of damaging information on prominent politicians and public figures for his personal use, and by his aggressive investi-gation of CIVIL RIGHTS leaders and left-wing radicals
Hoover was born January 1, 1895, in Washington, D.C Following graduation from high school, he turned down a scholarship from the University of Virginia, electing to stay home and study law at night at GEORGE WASHINGTON
University In 1916 he received a bachelor of laws degree In 1917 he added a master of laws degree Upon graduation from college, Hoover joined the U.S.JUSTICE DEPARTMENT
Hoover started in a minor position, but his intelligence, energy, and mastery of detail were quickly noticed by his superiors By 1919 he had risen to the rank of special assistant attorney general During these early years, Hoover first became involved with the suppression of
-GATHERING
—J E DGAR H OOVER
Trang 7political radicals, assisting Attorney General A.
Mitchell Palmer in the arrest and deportation of left-wing aliens In 1919 he was appointed chief
of the department’s General Intelligence Divi-sion (GID), a unit designated by Palmer to hunt down radicals Within three months Hoover collected the names of 150,000 alleged sub-versives Armed with this information, federal agents conducted nationwide dragnets, arresting over ten thousand people Critics argued that these Palmer Raids violated civil liberties
Nevertheless, thousands of persons were de-ported By 1921 the GID had nearly half a million names of persons suspected of subver-sive activities
In 1924 Hoover was appointed acting director of the Bureau of Investigation (BI), the forerunner of the FBI The BI was a weak agency, hampered by limited investigatory powers, the inability of its agents to carry weapons, and the swelling of its rank with
political appointments After several scandals revealed the extent of the BI’s problems, Attorney General HARLAN F STONE appointed Hoover to clean up the agency
Though only 29, Hoover met the challenge head-on He began a thorough reorganization
of the bureau, imposing strict discipline on his employees Hoover’s goal was to establish a professional law enforcement agency of unques-tioned integrity Between 1924 and 1935, he introduced a series of innovations that changed national law enforcement Hoover established a national fingerprint collection, the first system-atic database that federal, state, and local agencies could use to match FINGERPRINTS at crime scenes with those on file at the bureau
He also created a crime laboratory, which developed scientific procedures for obtaining forensic evidence Finally, Hoover made a point
of changing the character of his agents He established a training academy for new agents, who were selected on the basis of their qualifications, not on their political connec-tions Agents were required to be college educated and to maintain the highest standard
of personal and professional ethics
As the agency became more professional, its jurisdiction increased In 1935 PresidentFRANKLIN
D.ROOSEVELTsigned crime bills giving agents the authority to carry guns and make arrests, and in the same year, the bureau officially became the FBI During the 1930s Hoover moved from internal reorganization to external promotion of himself and his agency The gangster era, from
1920 to 1935, ended in the arrest or killing of well-publicized hoodlums such as John Dillinger, Pretty Boy Floyd, and Bonnie and Clyde Hoover and his G-men were celebrated for these exploits
in newspapers, radio, newsreels, and Hollywood
J Edgar Hoover.
LIBRARY OF CONGRESS
John Edgar Hoover 1895–1972
1895 Born,
Washington, D.C.
1917 Earned LL.M from George Washington University;
joined Department of Justice
1914–18 World War I
1961–73 Vietnam War 1939–45
World War II
1934 Bureau agents gained authority to carry guns and make arrests
1950–53 Korean War
1939 Supreme Court ruled that the evidence from illegal wiretaps could not be used in trials
(Nardone v United States)
◆◆
◆
◆
1966 Freedom of Information Act passed
1924 Appointed acting director
of the Bureau
of Investigation (BI)
◆
1919 Appointed chief of the Justice Department's General Intelligence Division
◆
1972 Died, Washington, D.C.
◆
◆
1956 COINTELPRO formed
1971 COINTELPRO ended
1935 BI renamed FBI
1938 House Un-American Activities Committee (HUAC) formed
314 HOOVER, JOHN EDGAR
Trang 8movies, establishing Hoover as the nation’s
leading crime fighter
Hoover’s focus shifted to political subversion
and foreignESPIONAGEduringWORLD WAR II Again,
the FBI was celebrated in the news media and
popular culture, this time for tracking down Nazi
saboteurs and spies With the end of World War
II and the beginning of the COLD WARwith the
Soviet Union, Hoover directed his efforts at
rooting out Communist subversives Harkening
back to his early work with Palmer, Hoover’s
zealousness for this task led him to make
alliances with the House Un-American Activities
Committee; anti-Communist politicians such as
Representative RICHARD M NIXON, of California,
and Senator JOSEPH R MCCARTHY, of Wisconsin;
and members of the news media who were eager
to print Hoover’s inside information
During the 1950s Hoover concentrated on
anti-Communist initiatives, ignoring calls to
investigate the growth of ORGANIZED CRIME He
published Masters of Deceit (1958), a book that
articulated his views on what he perceived to be
the Communist conspiracy to overthrow the
U.S government He established the FBI’s
Coun-terintelligence Program (COINTELPRO) to disrupt
the U.S Communist party and to discredit its
members through informants, disinformation,
and anonymous letters and telephone calls He
also enlisted the cooperation of the INTERNAL
REVENUE SERVICEto conduct selective tax audits of
people he suspected of being Communists
Critics of Hoover argued—and continue to
argue—that he went beyond law enforcement
in these efforts, using so-called dirty tricks to
undermine the reputation of persons he believed
to be subversive
Despite these charges Hoover remained a
powerful federal official His use of wiretaps on
phones, and of other forms of ELECTRONIC
SURVEILLANCE, provided him with a wealth of
information on the private affairs of many
prominent political figures Hoover shared some
of this information with his political allies, but
much of it remained in his private files Over
time many politicians came to fear Hoover, who
they believed might have incriminating
informa-tion about them that could destroy their political
careers Armed with these files, Hoover enjoyed
immense power in the 1950s and 1960s
With the birth of the modern CIVIL RIGHTS
MOVEMENT, Hoover discovered what he
consid-ered another subversive group He became
convinced that MARTIN LUTHER KING, JR., was a pawn of the Communist conspiracy He had agents follow King and record sexual encoun-ters in various hotel rooms King’s SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE offices were wiretapped and burglarized by the FBI many times, all in the hope of finding information that would discredit King Though Hoover’s efforts proved futile, they demonstrated his ability to use the FBI as his personal tool
During the 1960s Hoover also had the FBI investigate the KU KLUX KLAN and other white supremacist groups The same techniques used against King and other alleged subversives were also employed against right-wing radicals who threatened physical violence And with the growth of opposition to the VIETNAM WAR in the 1960s, Hoover targeted war protesters
Presidents LYNDON B JOHNSON and Richard
M Nixon allowed Hoover to serve past the mandatory retirement age During his last years, Hoover was criticized for his authoritarian administration of the FBI Agents who dis-pleased him could be banished to an obscure FBI field office or discharged Perhaps most troubling was his refusal to investigate orga-nized crime with the same resources expended
on politically subversive organizations
Hoover died May 2, 1972, in Washington, D.C
FURTHER READINGS Gentry, Curt 2001 J Edgar Hoover: The Man and the Secrets New York: Norton.
Powers, Richard G 1987 Secrecy and Power: The Life of J.
Edgar Hoover New York: Free Press.
Wannall, Ray 2000 The Real J Edgar Hoover: For the Record Paducah, KY: Turner.
CROSS REFERENCES Communism; Forensic Science.
vHORNBLOWER, WILLIAM BUTLER William Butler Hornblower was a noted cor-porate and trial lawyer who was nominated to the U.S Supreme Court but failed to win confirmation
Hornblower was born May 13, 1851, in Paterson, New Jersey, with an unusually distin-guished family background His great-grandfather was a member of the Congress of the CONFEDERA-TIONand a judge, his grandfather was a chief justice
of the Supreme Court of New Jersey, his father was a noted theologian and pastor, and his mother
Trang 9was a descendant of Revolutionary leaders and colonial judges In addition, one of his uncles was
JOSEPH P.BRADLEY, an associate justice of the U.S
Supreme Court, and another was Lewis
B Woodruff, a highly respected federal CIRCUIT COURTjudge
Hornblower was first educated at presti-gious preparatory schools and in 1871
graduat-ed with honors from the College of New Jersey (later known as Princeton University) At the encouragement of Bradley and Woodruff, he then entered Columbia University to study law
In 1875 he graduated with distinction, was admitted to the bar, and became a trial lawyer with the New York City firm of Caton and Eaton, where he had been a clerk while a law student In 1888 he founded the firm of Hornblower and Byrne Throughout his legal career, Hornblower represented a number of major corporate clients, including the New York Life Insurance Company; the Chicago, Milwaukee, and St Paul Railway Company; the New York Security and Trust Company; and several tobacco companies He also served on many public commissions, held office in state and national bar associations, and was active in theDEMOCRATIC PARTY
In 1893 President Grover Cleveland nomi-nated Hornblower to succeedSAMUEL BLATCHFORD, who had died, as an associate justice of the U.S
Supreme Court Given his long and distin-guished career, Hornblower appeared headed for easy confirmation, but a bitter political battle intervened to prevent Hornblower from taking the seat
A year before his nomination to the Court, Hornblower had been appointed to a New York City Bar Association committee convened to
investigate Judge Isaac H Maynard Maynard was accused of improper conduct in a contested election while he was deputy attorney general The investigation ultimately led to Maynard’s defeat for a seat on the New York Court of Appeals David B Hill, a powerful New York senator and a close friend of Maynard’s, retaliated against Hornblower for his role in the investigation by vigorously campaigning against Hornblower’s nomination Hill’s efforts were successful: the Senate rejected Horn-blower’s nomination by a vote of 30–24
In 1895 President Cleveland nominated Hornblower for another vacancy on the Court This time, Hornblower declined the nomina-tion, citing the financial sacrifice he would incur
if he left his very lucrative law practice
In 1914 Hornblower was nominated to the New York Court of Appeals and was confirmed unanimously by the New York state senate He took his seat on the court in March, but left after only one week owing to illness He died two months later, on June 16, 1914, in Litchfield, Connecticut
HORNBOOK
A primer; a book explaining the basics, funda-mentals, or rudiments of any science or branch of knowledge The phrase hornbook law is a colloquial designation of the rudiments or general principles of law
A colloquial reference to a series of textbooks that review various fields of law in summary, narrative form, as opposed to casebooks, which are designed as primary teaching tools and include many reprints of court opinions
1851 Born,
Paterson, N.J.
1914–18 World War I
1914 Appointed to New York Court of Appeals; died, Litchfield, Conn.
1861–65 U.S Civil War
1893 Nominated to Supreme Court by President Cleveland but failed to win confirmation
❖
◆
1871 Graduated with honors from Princeton University
◆
1875 Graduated from Columbia University Law School; admitted
to New York bar
1888 Founded law firm of Hornblower and Byrne
◆
1895 Declined second nomination to Supreme Court
THE KEYSTONE OF
OUR FORM OF
IF THE KEYSTONE IS
REMOVED THE WHOLE
STRUCTURE IS IN
DANGER OF
DISINTEGRATION AND
—W ILLIAM
H ORNBLOWER
316 HORNBOOK
Trang 10Persons taken by an individual or organized group
in order to force a state, government unit, or
community to meet certain conditions: payment of
ransom, release of prisoners, or some other act
The taking of hostages, whether during
wartime or periods of peace, is generally
con-demned underINTERNATIONAL LAW
HOSTILE FIRE
In insurance law, a combustion that cannot be
controlled, that escapes from where it was initially
set and confined, or one that was not intended to
exist
A hostile fire differs from a FRIENDLY FIRE,
which burns in a place where it was intended to
burn, such as one confined to a fireplace or
furnace
HOSTILE WITNESS
A witness at a trial who is so adverse to the
party that called him or her that he or she can be
cross-examined as though called to testify by the
opposing party
The FEDERAL RULES OF EVIDENCE provide that
witnesses who are hostile, or adverse, can be
in-terrogated through the use of leading questions
HOT LINE AGREEMENT, 1971
The original “hot line” agreement was a
memorandum of understanding between the
United States and the Soviet Union reached in
1963 to establish a direct communications link
between the governments of the two nations
The need for such a communications
channel was evident in theCUBAN MISSILE CRISIS
of 1962 and its establishment was viewed as a
means of forestalling an unnecessary resort to
force The 1971 hot line agreement updated the
1963 accord by increasing the communications
capability between the two governments It
called for the addition of two separate circuits
of communications employing a U.S and a
Russian satellite system
CROSS REFERENCE
Cold War.
HOT PURSUIT
A doctrine that provides that the police may enter
the premises where they suspect a crime has been
committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator; also sometimes called fresh pursuit
Countless crime dramas have portrayed police officers in a high-speed chase barking into their radio that they are“in hot pursuit” of
a suspect This popular image says little about the legal rule of hot pursuit As established
by the U.S Supreme Court, the rule is an important exception to the freedoms guaran-teed by the FOURTH AMENDMENT That constitu-tional provision safeguards citizens against excessive police intrusion into their life and property Its foremost protection is the SEARCH WARRANT, which must be obtained from a judge
or magistrate before the police can conduct most searches Under special circumstances, the rule of hot pursuit gives the police extra powers
to enter private property and conduct a search without a warrant The rule recognizes practical limitations on Fourth Amendment rights in light of the realities of police work, especially in emergencies, but it stops far short of giving the police complete freedom to conduct warrantless searches
As a powerful deterrent to the ABUSE OF POWER, the Fourth Amendment is designed to
The doctrine of hot pursuit provides that
in certain cases police may enter, without a warrant, premises where they suspect a crime has been committed.
CORBIS.
HOT PURSUIT 317