The Retrial of Leo Frank
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Authors
Manning, Jane Pyron
Issue Date
2023
Type
Thesis
Language
Keywords
Conley , Frank , Phagan , Trial
Alternative Title
Abstract
This thesis considers how the trial of Leo Frank, held in 1913, would be different if it were held today. Several aspects of the trial would be different if the trial were held today. For example, a change of venue would be warranted due to the passions of the mob attending the trial. Over one hundred character witnesses would no longer testify due to changes in Georgia’s evidence law. The prosecution would not be able to comment upon Frank’s refusal to confront a witness. But Frank would be subject to cross-examination if he chose to testify. The jury would presumably be more diverse than the all-White, all-male jury that sentenced Frank to death. The courtroom would be open to all spectators, even women, when sexually explicit evidence was tendered. Frank’s statements at the coroner’s inquest would be suppressed at trial as a violation of Miranda. And exculpatory evidence would have been provided to Frank’s legal team under Brady. The attorneys and the judge would be subject to ethical sanctions today for their violation of professional rules of conduct. And the prosecutor’s closing statement would focus on the evidence presented not on the notorious cases of the day. Caselaw and jurisprudence have changed to ensure fairer trials to criminal defendants today. Unfortunately, the changes came too late to save Frank.