McQuirter v. State

Editor's Note re McQuirter

There was no physical contact between the defendant and the alleged victim in this case, but there is discussion of an alleged attempted sexual assault.  Although one goal of this casebook is to minimize exposure to sexual assault cases, this case is included because of its historical importance.

The court in McQuirter v. State (1953), held that, “In determining the question of intention the jury may consider social conditions and customs founded upon racial differences, such as that the prosecutrix was a white woman and defendant was a Negro man.”  This clearly improper and prejudicial instruction is reflective of opinions of the time, an explicit judicial endorsement of the use of stereotypes and racism in the deliberation of the defendant's guilt. 

[Note: The McQuirter decision has roots in the slavery-era; the opinion cites Kelly v. State (1911), which cites Lewis v. State (1860).  The full title of the latter case is Lewis (a slave) v. The State.  It is linked for your convenience, but is not assigned reading.  The statute at issue in Lewis stated:  "Every slave, or free negro, who commits, or attempts to commit, a rape on any white female, must, on conviction, suffer death."  The court in Lewis stated: "On the trial, the jury should be instructed to give due consideration to the manner of the slave . . . ."]

The Murder of Emmett Till

In order to address the intersection of race and sexual assault law, McQuirter must be read in conjunction with a supplement that addresses the events that led up to Emmett Till’s death in 1955 (2 years after the decision in McQuirter, approximately 300 miles away from Atmore, Alabama).

The Story of Carolyn Bryant, the White Woman Whose Lie Caused the Murder of Emmett Till

“Carolyn Bryant’s alleged confession highlights a horrific recurrence of white women weaponizing lies against black men that still persists today.” 

“As recent as May 2020, a video of a white woman named Amy Cooper went viral when she feigned hysteria and claimed to police that she was being threatened by a black man named Christian Cooper. Fortunately, with a video recording, the man was able to document the disturbing lie.”

This article, originally published by All That’s Interesting in January 2017 and updated June 1, 2020, addresses the history of white women weaponizing lies against Black men, knowing it will cost them their lives and the climate of violent displays of racism that still shapes the legal system today through Emmet Till’s story.