Evening star., 1936-04-06
LAW IS SWEEPING
IN K|DNAP CASES
Lindbergh Statute Backs
Death Penalty for Any
Role in Fatalities.
BY DAVID LAWRENCE.

Many people have been heard to
say in connection with the execution
of Bruno Hauptmann that they
thought he was guilty of GXtortion,
but did not deserve the death penalty.
Others have said that it did not mat
ter whether Hauptmann was proved
to have kidnapped the Lindbergh baby
because the ransom money was found
in his possession and he deserved to
die on account of his completely with
the crime.
1t is interesting to note what the
Congress of the United States in a
law duly signed by President Roosevelt
has said on the subject of death penal
ties for Ndnapers. The so-called
Lindbergh law was adopted after the
son of the noted flyer was murdered,
SO it could not have applied to the
Hauptmann case. But, nevertheless
the principle that has been embodied
in Federal law today plainly means
that any person who has had anything
to do with effecting kidnapping may
upon conviction by jury be given
the death penalty.
The new law does not require proof
that the kidnaper injured or killed the
victim. 1t does not require proof that
the accused person had guilty knowl-
edge of all the parts of the plot, but
If he or she is in any way part of
the carrying out of the whole con-
spiracy as, for instance, getting rid
of ransom money, the penalty of death
might be imposed by a jury.
Completely Involves Death.
Now, it is true that the Lindbergh
law, owing to the separation OF
powers between the Federal and State
governments, can apply only if the
victim is transported from one State
to another, or if conspiracy is car
ried on across State lines to commit
a kidnapping in some other State. But
the principle of completely involves
the death penalty. 1t is what Con-
gress and the President have said is
the right principle to adopt toward
all those who are in any way con-
victed of playing a definite part in a
kidnapping or holding for ransom
that results in murder.
e. Many States will doubtless copy the
1indbergh law so as to make sure that
a kidnapping which does not transport
a victim across a State line can be
punished by death. At present, of
course, person who is an accessory
to a murder is in some States not
liable for capital punishment.
The sweeping terms of the Federal
statute known as the Lindbergh law
are perhaps not generally realized. In
fact, while it applies to the trans
portation of victims across State lines,
it may be possible under the con-
Spiracy statutes to punish a person
who lives in one State and engages
IN a plot to kidnap person in another
State irrespective of whether the plot
ter himself has actually crossed into
the State in which the abduction is
begun.
The terms of the Lindbergh law are
worth quoting because of the way the
death penalty is provided for persons
who are related to kidnapping, though
not actually guilty of murder or the
physical act of abduction itself. It
reads:
Whoever shall knowingly transport
pr cause to be transported, or aid or
foet in transporting, in interstate or
foreign commerce, any person who
Shall have been unlawfully seized,
confined, inveigled, decoyed, kidnapped,
abducted, o. carried away by any
means whatsoever and held for ran
som or reward or otherwise, except
In the case Of a minor, by parent
thereof. shall, upon conviction, be
punished Cd by death if the verdict
OF a jury shall SO recommend, pro-
vided that the sentence of death shall
not be imposed by the court, If. prior
to its imposition, the kidnapped person
has been liberated unharmed, or
"(2) If the death penalty shall not
apply nor be imposed, the convicted
person shall be punished by imprison-
ment in the penitentiary for such a
term OF years as the court in its dis
cretion shall determine;
provided, that the failure to re-
lease such person within seven days
after he shall have been unlawfully
seized, confined, inveigled, decoyed.
kidnapped, abducted, or carried away
shall create a presumption that such
person has been transported in inter-
state or foreign commerce, but such
presumption shall not be conclusive.
Conspiracy Provision.
If two or more persons enter into
an agreement, confederation, or con-
spiracy to violate the provisions (of
the above) and do any overt act to-
ward carrying out such unlawful
agreement, confederation, or conspir-
acy, such person or persons shall be
punished in like manner as provided
for by said sections"
In other words. conspirator who
plots a kidnapping can be punished
with death if he has any essential part
in the carrying out of the whole con-
spiracy and it would appear that the
disposition of the ransom money If
entered into as means of consum-
mating the whole plot would make
the person who got rid of the money
liable to death sentence if a jury
wished to impose that penalty. Ex-
tortion of money, in other words, is
thus punishable in the eyes of the
Congress and the President by death
when nroved in connection with a lid