Lindbergh law
The Lindbergh Law refers to a significant piece of legislation passed by the U.S. Congress in 1932, prompted by the high-profile kidnapping and murder of Charles A. Lindbergh Jr., the infant son of famous aviator Charles Lindbergh and his wife, Anne Morrow Lindbergh. This law was established to address the increasing prevalence of kidnapping for ransom, which had become a growing concern in the United States during the late 1920s and early 1930s. Prior to the law, there were no federal statutes specifically addressing kidnapping, and the lack of interstate cooperation complicated investigations.
The Lindbergh Law made kidnapping for ransom a federal offense, particularly if the victim was transported across state lines. Initially, it carried a penalty of life imprisonment, but was later amended to allow the death penalty for cases involving harm to the victim. This law also enabled the FBI to intervene in kidnapping cases more swiftly. However, due to the principle of ex post facto laws, Bruno Hauptmann, the individual arrested for the Lindbergh kidnapping, could not be charged under the new law, ultimately leading to his conviction under state law. The Lindbergh Law marked a pivotal moment in the fight against kidnapping and set a precedent for federal involvement in similar crimes.
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Lindbergh law
The Law: Congressional legislation making kidnapping for ransom and carrying victims across state lines a federal crime
Date: Passed on June 22, 1932
Significance: This law was one of many enacted during the 1930’s that made crimes that transcend state borders federal offenses and thus placed them under Federal Bureau of Investigation (FBI) jurisdiction.
During the late 1920’s and early 1930’s, kidnapping had become more prevalent as gangs often resorted to the crime for ransom. Congress had begun investigating measures to intensify penalties for the crime, and several citizens’ groups from Chicago and St. Louis testified in front of the House Judiciary Committee seeking federal intervention. Despite these endeavors, the movement to pass a bill to make kidnapping a federal offense punishable by death was slow. It would be the kidnapping and murder of a small child that would move a nation to change the laws regarding kidnapping.
On March 1, 1932, Charles A. Lindbergh, Jr., the infant son of Charles and Anne Lindbergh, was kidnapped and subsequently found murdered. Charles Lindbergh, the first person to fly solo across the Atlantic Ocean, was a beloved national hero, and the public outcry resulted in a massive police investigation to find the perpetrator. While police forces in New Jersey and New York focused on the crime, Congress worked to pass a federal kidnapping law.
At the time of the kidnapping, there were no federal statutes or a national agency charged with combating kidnapping. To compound the problem, interstate cooperation was minimal. Sentencing varied tremendously, with the death penalty used in seven states, life imprisonment in sixteen states, and prison terms ranging from one to ninety years in the remaining states. To further confuse the situation, only twenty-five states had laws specifically dealing with kidnapping for ransom.
Buoyed by public support, Congress passed a kidnapping bill, widely referred to as the “Lindbergh law,” on June 22, 1932. The new law made kidnapping for ransom a federal offense when the victim was transported across state lines or to another country. Further, if the victim was not returned within twenty-four hours, there was a rebuttable presumption that the transportation had occurred. Initially, the maximum penalty for this crime was life imprisonment. Amended in 1933, the Lindbergh law made harming the kidnapping victim a capital offense punishable by death and allowed the Federal Bureau of Investigation to enter and oversee the investigation within twenty-four hours. (In 1968, the U.S. Supreme Court ruled that the death penalty was unconstitutional in Lindbergh law cases.) Subsequent congressional measures during the mid-1930’s enlarged the jurisdiction of the FBI and the definition of federal offenses to include other interstate crimes.
Ironically, Bruno Hauptmann, who was arrested for the kidnapping and murder of Charles Lindbergh, Jr., could not be punished under the new law, under the principle of ex post facto laws, because the law was passed after the crime occurred. Instead, the only charge available was statutory felony murder in the course of a burglary. Thus, the state of New Jersey convicted and executed Hauptmann on April 3, 1936, for committing a murder in the course of stealing the infant’s pajamas.
Bibliography
Campbell, Geoffrey A. The Lindbergh Kidnapping. San Diego, Calif.: Lucent Books, 2003.
Fass, Paula S. Kidnapped: Child Abduction in America. Cambridge, Mass.: Harvard University Press, 1999.
Gardner, Lloyd C. The Case That Never Dies: The Lindbergh Kidnapping. New Brunswick, N.J.: Rutgers University Press, 2004.
Hixson, Walter L. Murder, Culture, and Injustice: Four Sensational Cases in American History. Akron, Ohio: University of Akron Press, 2001.
Roensch, Greg. The Lindbergh Baby Kidnapping Trial: A Primary Source Account. New York: Rosen Publishing Group, 2003.