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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

Looting in the courts (50)

Police arrested sixty individuals for looting. In only forty-two cases do sources record the location allegedly looted; in eighteen cases that information is missing. Police arrested more than one person for looting seven stores. Nine of those reported arrested for looting in newspapers do not appear in legal records or newspaper stories about legal proceedings.

The initial charge made against those arrested for looting was burglary, a felony (or if the storeowner was present and threatened, the charge could be robbery). A charge of burglary encompassed all the elements that made up looting: gaining access to a business by breaking windows, going into the store, and taking merchandise. If police could not provide evidence of all three elements, the charge had to be changed, to offenses that carried lesser penalties: if there was evidence an individual broke windows but not that they took merchandise, the charge became disorderly conduct, or unlawful entry if there was evidence they entered a store or put their hands in a store window; if there was evidence an individual did not break windows but did take merchandise, the charge became larceny, the degree determined by the value of the merchandise; if there was evidence an individual had been part of a crowd near looting, but had not broken windows or taken merchandise, the charge could become disorderly conduct or inciting a riot. Prosecutors changed a charge of burglary to a lesser offense in ? cases. (In ? cases the charge became larceny, in ? cases petty larceny, in ? cases [more serious – or is it misdemeanor vs felony]. In ? cases the charge became disorderly conduct. In ? cases the charge became inciting a riot.) Magistrates released (or acquitted?)? individuals arrested for looting [this should be burglary only], determining that there was insufficient evidence to hold them for the grand jury or transfer them for trial in the Court of Special Sessions or convict them (of disorderly conduct, prosecutions for which they had the authority to adjudicate).



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