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Carrie Buck - Coggle Diagram

- - - - Never Charged with crimes, identified as the father of Vivian Buck Protected by DobbsImbeciles
      - Guilty of sexual assault and crie at teh time "Seduction, sex with the promise of marriage to a virgin woman Three Generations no Imbeciles, pg.141
      - Alice Dobbs** NephewImbeciles*
      - Dobbs did not mark Carrie as Vivian's mother after her death this may have been a way to distance themselves from Carrie possibly evidence of Clarence crime
    - - John police officerImbeciles
      - Carrie recalled being treated as more of a maid "endless word" "never being a family member" Imbeciles pg 15
  - - - Advocated for higher education for women and improving schools in poorer communities
  - - - Assigned to Buck v. Bell*Imbeciles*
      - 86 years old at the time of Buck v Bell
      - Widely regarded as a respected intellectual and judge. Referred to as Plato's ideal "philosopher become king" by future supreme court justice Felix Frankfurter.
      - Judicial rulings that wre considered strong defenses of ciil liberties and individual freedom. Viewed by many as a progressive and a representative of the underdog
        
        Commonwealth v. Perry
        
        textile mill owner Josiah Perry, court reversed conviction under law that made it illegal to withhold weavers wages for flaws int heir work due to violating constitutional right of freedom of contract
        
        Holmes sided with weavers this was viewed as a liberal stance and Holmes siding with trade unions though likely he was just siding with legislature and those who successfully lobbied it
        
        Lochner v. New York
        
        Ruled that a New York law limiting the amount of hours a week bakeries could make their employees work was constitutional dissenting from the majority who believed that it violated the fourteenth amendment by interfering with the "right of conract between the employer and employees"
        
        Holmes often sided with progressive labor legislation making him popular amoung progressive liberals
      - He also had critics as a cold pragmatist and false liberal. Journalist and editor HL Mencken viewed Holmes as a solider at heart with a " natural distaste and contemp for civilians." and a "corolary yearning to heave them all into hell". The Yale law professor commisioned to write Holmes biography found him "savage harsh and cruel a bitter and lifelong pessimist who saw in the course of human life nothing but continuing struggle in which the rich and powerful impose their will on the poor and weak."
      - Came from a prominent Boston family
        
        Attended Law School at Harvard
      - Accomplishments
        
        Fought in the civil war was wounded 3 times
        
        Attended law school at Hartford
        
        Private Practice
        
        Professor at harvard law school
        
        Wrote Common law
        
        "The life of the law has not been logic, it has been experience."
        
        Rejected natural law or hte belief that law was timless and unchanging absolutes handed down from above and that law was a result of human institutions created over time
        
        Served as judge in the Massechusets supreme court
        
        Served as cheif justice of the Supreme Court of Massachusetts
        
        Served as judje on the United States Supreme court
      - Blatant social darwinist as can be seen in his writings
        
        "why should the greatest number be preferred? Why not the greatest good of the most intelligent and most highly developed? The greatest good of a minority of our generation may be the greatest good of the greatest number in the long run"-
      - Social Darwinist
        
        Writings
        
        "The GasStokers' Strike" written in the American Law Review 1873.
        
        Discussed teh prosecution of gas stokers union leaders for an illegal strike in London.
        
        Progressives insisted the law used against the union were "class legislation"
        
        Holmes defended it. "the law of human existence..." "the struggle for life" In teh last resort, a man rightly prefers his own interest to that of his neighbors" law" like every other device of man or beast" "must tend in the long run to aid the survival of the fittest"
        
        In a letter to a friend Holmes spoke against the philanthropy of Andrew Carnegie and and Johb D. Rockefeller Jr "I think charitable gifts on a large scale are prima facie the worst abuse of private ownership"
        
        Holmes was somtimes creadited with being a liberal and progressive judje but he usually sided with powerful organizations and individuals
        
        Common law book
        
        The Path of the Law Book
        
        aargued against law being a reflection of moral values
        
        Legal terminologoy should "convey legal ideas uncolored by anything outside the law"
        
        Spoke against "Judicial activism" or judges basing their decisions on their sense of what wold be best for society
        
        "people who no longer hope to control the legislatures" were looking instead "to the courts as expounders of the constitutions"
        
        Giles v. Harris Holmes ruled against the supreme court interfering in the Alabama voting system and enfranchising African Americans in the state
        
        Holmes did not like to challenge legislatures and believed that if the legislature could enforce a law then it should be so Holmes quote "When I talk of law I talk as a cynic" and " And I understand by human rights what a given crowd will fight for (successfully)
        
        Holmes sided against the black community in cases concerning voting rights and the 13th amendment and typically sided against immigrants as well
  - - - Promoted marriage restrictions for epileptics, the insane, feebleminded and confrimed alcoholicsImbeciles
      - Sterilization of inmates in state institutions when deemed necessaryImbeciles
      - Institutional segregationImbeciles
      - Did not beleive that segregation was enough and he encouraged a "clearing house model"
        
        institutionalizationImbeciles
        
        Educational, industrial and moral trainingImbeciles
        
        Sterilization and releaseImbeciles
      - Likely sterlized individuals before it was legal many women were diagnosed with pelvic disease and then had operations that sterilized them and they were released after according to colony recordsImbeciles
      - Tried to introduce a bill in the state legislature was laughed out of committee lawmakers joked " they might get all of us"Imbeciles
  - - - Wrote a model Eugenic Sterilization law
- - - - Here began the formal process of having Carrie Declared feeblemindedImbeciles.
      - They petitioned teh Charlottesville Juvenile and Domestic Relations Court to have carrie declared feebleminded and epilepticImbeciles
      - Requested that she be commited to Virginia colony for Epileptics and feebleminded Imbeciles pg.16
  - - - In breif written findings the comission did not say how it evaluated CArrie's mental abilities or evidence of epilepsy Imbeciles pg. 27
    - - Same judge that ruled Carries mother as feebleminded due to accusations of vagrancy and prostitution Imbeciles pg.23
    - - They had taken care of Carrie since she was three or four and she developed symtoms of being feebleminded or epileptic until she was ten or elevenImbeciles pg 23
      - Claimed poverty and that they could no longer care for out of control Carrie Imbeciles pg.23
      - Interrogatories Imbeciles pg. 23
        
        Claimed deficiency since birthImbeciles
        
        Claimed that she was epileptic but answered no to inquiries about epilepsy headaches nervousness or fits and convulsionsImbeciles
        
        No school or medical records to support a claim of epilepsyImbeciles
        
        Dobbs statements were extremely inconsistentImbeciles
      - Dobbs reasoning was fear of wedlock stigma and assault charges on ClarenceImbeciles
    - - Mothers recordImbeciles
      - Young womanImbeciles
      - PregnantImbeciles
      - UnmarriedImbeciles
      - No lawyer or representation no witnesses or academic or medical recordsImbeciles
      - Judge 2 doctors and the dobbs,Imbeciles
      - Impoverished backgroundImbeciles
    - - Why so easy
        
        Many social anxieties from the industrial revolution begiing in the 1890s to Carries day Wendy Kline Sexuality
        
        The women questionWendy Kline Sexuality
        
        Working class woman breaking social norms of the middle class moving to the city and workingWendy Kline Sexuality
        
        in 1900 1 in 5 urban working women lived on their own despite the myth that women only entered the workforce during WW2 Wendy Kline Sexuality
        
        Sexuality and dating culture of urban working class women, casual sexual encounters, "treating", dance halls Wendy Kline Sexuality
        
        birthrates of white middle class was declineing by the 1900s Theodore rosevelt even proclaimed that middle class womanhood had willingly abandoned its fertilityWendy Kline Sexuality
        
        Rapid population increase by sexual deviants and feeble minded would weaken the nation race and produce vice such as alchoholism, prostitution and pauperWendy Kline Sexuality
        
        Later eugenisists complained about it costing government money in aid and building institutions, state owned homes for unwed mothers and prisons around 1933Wendy Kline Sexuality
        
        Unwed mothers were a huge target and had been subject to IQ tests though it was assumed that they were feebleminded Wendy Kline Sexualilty
        
        Demanding new rights
        
        Voting
        
        attending college women accounted for 50 percent of university population in 1920Wendy Kline Sexuality
        
        Immigration
        
        High birthrates and growing numbersWendy Kline Sexuality
        
        Urbanization
        
        Industrial revolution loss of finanical independence and self enployoment working for big industry but also opprotunities for women immigrants and urban growthWendy Kline Sexuality
  - - - Nothing unique in her physical examination Imbeciles
      - stated that "nothing was known about her birth or early development", "always subnormal". "untruthful and dishonest" and a "Moral delinquent" Imbeciles
    - - Her file states that she had attained the 6th grade but did not state her grades or other evaluationsImbeciles
      - Carrie took a form of the Binet-Simone test specifically the Stanford Binet test she was found to have a mental age of 9 and be a Middle grade moron*Imbeciles*
      - Details about intellegence testing on other document
      - Goddards beleived morons were hard to spot and there fore dangerous to society. ideas about Morons quote "Morons are often normal looking with few or no obvious stigmata of degeneration"Imbeciles
      - questions often required specific knowledge, had class or cultural biases or were subjective.
        
        Example picture questionImbeciles
        
        "What is the thing to do a.broke someting? b. Danger of being tardy? c. playmate hits you Imbeciles
        
        Questons on FablesImbeciles
        
        Tests even had critics at the time Imbeciles pg 33
      - Carrie received this test after she had already been condemnedImbeciles
  - - - Indiana eugenic sterilization law passed in 1907 and made "sterilization mandatory for criminals, idiots, rapists and imbeciles in state custody" sterilizations were halted in 1909. the law was ruled unconstitutonal in 1921 due to a lack of due process of the law granted by the 14th amendment indiana state website
      - Some doctors sterilized without legal authorization such as Albert Priddy*Imbeciles*
      - In 1916 Audrey strode attempted to pass a law that in an attempt to give more rights to superintendents of the virginia colony to to provide inmates with such moral medical and surgical treatment as deemed proper this was unsuccessful in allowing sterilization without concent in the virginia colonyvirginia law
      - by 1920 1/3 of states had eugenic sterilization lawsImbeciles
      - Willie Malory case
        
        Willie Malory was an inmate in the Virginia colony after beig accured of running a brothel out of her home though there was little evidence and both her and her husband had jobs she was declared feeblemindedImbeciles
        
        Mallory attempted to sue Priddy for assault and batteryImbeciles
        
        Priddy won the case but this was prorrf that Audrey's Virginia law was not strong enough and that accusations of mal practice, due process, equal protection or the violation of 14th amendment rights were a major obstacle for nation wide protection for doctors to perform eugenic sterilization Imbeciles
    - - Institution superintendentsImbeciles
      - PoliticiansImbeciles
      - Intellectuals/college educatedImbeciles
      - Middle class white protestant social reformersImbeciles
  - - - Modeled on Henry Laughlins work Eugenical Sterilizatipn in the United States imbeciles
        
        Targeted far less individuals than laughlin did
        
        "sterilizaion only when the state could show it was in the best interest of the patients
        
        This gave patients power to challenge their sterilization
        
        No other eugenics sterilization law in the counrty had this measure
      - This law would pass but the state hospital board believed that they needed a test case to make sure the law was solid
    - - Irving Whitehead was appointed to Carrie by the colony
      - Robert G. Shelton was appointed to be her guardian
    - - Aubrey and Priddy's goal was to appeal the case all the way to the supreme court to solidify the sterilization law as constitutional and allow for the expansion of sterilization laws. They had almost complete control of both sides of the trial, so it was a kangaroo court.
        
        Irving Whitehead was a friend of Priddy and Aubrey a former colony director and a sterilization advocate. likely hired by Shelton at the advice of Priddy and Aubrey 3 generations
        
        Priddy began the process by following Aubrey's lay closely, ensurig carrie had a guardian, Shelton, prepared a petition to request approval to operate on carrie for the colony board, informed Emma Buck. 3 generations
        
        Priddy and Aubrey would gather witnesses and data 3 generations
        
        Priddy requested information from contacts he had in Charlottesville Including, Caroline Wilhelm, a red cross nurse and county administrator for public wellfare, and the superintendent of the public welfare office in Charlottesville for information on the buck family 3 generations
        
        Aubrey contacted Harry Laughlin to help assemble evidence for the case. Deposition to be presented in court. Aubrey also recruited Arthur Estabrook a prominent eugenic researcher to do field work to investigate carries family imbeciles
        
        Incorrect or incomplete record of Carrie Buck was provided throughout her case 3 generations
        
        Family history was spotty and many connections made were questionable
        
        No proof that Vivian was feeble minded
        
        Dobbs insisted she was abnormal
        
        No school records
        
        The trials
        
        First trial Amherst county court
        
        Aubrey gathered teachers, social workers and wellfare agents from Charlottesville as well as neighbors and expert eugenic witnesses
        
        Anne Harrisone local nurse who claimed to know very little about Carrie past the age of four but knew her mother better as dependent on the state. mentioned one incident of Carrie passing notes to boys in class
        
        I have the primary sources document for this
        
        Knowledge of Emma being on the streets and needing help from charity organizations
        
        Questioned legitimacy of children despite citing "hearsay" and "general reports" she also stated "know anything very definite about the children..."
        
        Described Carries sister as "stormy" temperament when in a childrens home
        
        Keep in mind that Doris had experienced homelessness and displacement from her family and possibly was not studying
        
        Teacher Eula Woods who knew Carries younger sister Doris but not Carrie directly
        
        Had been Doris's teacher the prior six weeks
        
        claimed to know little about Doris
        
        Doris had been demoted from second grade and was in first grade at the age of 11 or 12
        
        interviews with Carrie's half brother's teacher and the superintendent of the county home who had brief interactions with Carries half brother. he was 14 and in 4th grade.
        
        No one who had educated Carrie directly had been called as a witness despite Carrie makeing it to 6th grade before being pulled out
        
        Caroline Wilhelm
        
        former red cross nurse now Albemarle County's secretary of public welfare
        
        spent some time with Carrie before she was admitted to the colony
        
        Claimed that the Dobbs did not mention being pregnant on the petition to the Juvenile and Domestic Relations Court and simply claimed her to be feebleminded and epileptic
        
        Examined 8 month old Vivian and claimed that she was "not quite a normal baby" and that their was "a look about it that is not quite normal, but just what it is, I cant tell"
        
        Many witnesses did not know Carrie personally or had very limited interactions with her
        
        Expert witnesses
        
        Dr. DeJarnette's western state hospital superintendent and assosiate of Dr. Priddy who helped him pass the eugenic sterilization law.
        
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        Arthur Estabrook Harry Laughlins associate at the Eugenics Record Office
        
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        Dr. Priddy
        
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        Prove benifit to Carrie and society. prove heredity law. Prove Feeblemindedness and its presence in the family
        
        Whitehead did not call any facts of expert witnesses or introduce any evidence and no case against sterilization was every really given. Carrie was not in the court room and many people who new her personally were not present such as teachers, friends or employers. Expert witnesses against eugenics were not called
        
        Virginia Supreme Court
        
        Priddy died January 13, 1925 of Hodgkins disease. John Bell would replace him as the colony superintendent and the defendent
        
        June 1, 1925 Whitehead filed a Petition for Appeal to the Virginia Supreme Court of Appeals
        
        No further evidentiary hearings or witnesses evaluated entirely on the legal papers submitted by both sides
        
        Whiteheads appeal
        
        Whitehead raised three constitutinal objections
        
        Sterilization order violated the due process clause of the fourteenth amendment
        
        violated the equal protection clause of teh fourteenth amendment
        
        cruel and unusual punishment violating the eight amendment
        
        possibly just done so the main constitutinal arguments would be raised and rejected legitimizing the constitutionality of the virginia eugenic sterilization law
        
        Find appeal primary source
        
        Strodes legal Brief (Response)
        
        Compared eugenic sterilization to compulsary vaccination. Supreme court case Jacobson vs Massachusetts 1905
        
        Claimed the 8th amendment was not violated since carrie was not being punished for a crime it was an issue of eugenics and public health
        
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        Did not violate due process clause of the fourteenth amendment due to procedural protections in the Virginia law such as the right to notice of a sterilization hearing and the right to be present, the right to an appointed guardian and the right to appeal the hospital boards decision to the circuit court
        
        Strode also argued that the equal protection clause of the fourteenth amendment was also protected. this was a major issue since strode had written the statute to apply only to state hospital inmates, creating two classes of "defectives". However strode argued that he had even defectives who were not inmates of state hospitals could be commited to one later and then be subject to sterilization.
        
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        Strode argued that due to Carrie being under age and her father being dead and her mother being feebleminded the state should decide whether or not she be sterilized
        
        Role of courts. Urged restraint and trust in the legislature. "We are not permitted to approach a legislative enactment with an adverse mind as to its constitutionality." "A large discration is vested in the legislature to determine what the interests of the pubic require"
        
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        Court Ruled in facor of Bell
        
        Supreme court
        
        Important note: After the findings of the Virginia supreme court strode and whitehead attended a meeting of the colonys Special Board of Directors on December 7, 1925. According to the official minutes they " Outlined the present status of the sterilization test case" and " Presented conclusive argument for its prosecution through the supreme court of the united states" This incident is daming evidence that whitehead was working with his clients opposition and did not hold his clients interest
        
        Much of the same continuted with Strode and Whitehead briefs
        
        Strode and Whitehead wrote breifs Strodes far longer and well written Whitehead mainly complained about things the group wanted to test out legally and argued over the 14th amendments
        
        Whitehead did not cite any significant cases pertaining to the 14th amendment, challenge false evidence or present growing scientific opinion challenging eugenics. He even discussed Eugenics as if it were a long and notible history spanning from ancient to moder times. Briefly discussed doctors ability to abuse power 1 paragraph long
        
        Oral arguments began April 22, 1927 chief justice presiding William Howard Taft former president
        
        story of each judge could be a video all of its own as each were unique characters with extensive stories and political ideologies but safe to say several factors stood against Carrie
        
        Belief in social Darwinism or at least openess to it
        
        bigotry even within the court since Louis Brandies a jewish man would face discrimination among his colleges. Judge James Clark McReynolds would often leave the room when Brandeis spoke at meetings and he refused to by Brandeis causeing their to be no 1924 supreme court portrait
        
        Moderate to conservative.Not sure how much this matters because the pollitical affiliation of eugenics was inconsistent.
        
        Several Judges spoke positively about eugenics in the past including Taft and Holmes
        
        Basic about each judge
        
        Chief Justice William Howard Taft former one term president typically conservative pro buisness
        
        Louis Brandeis often referred to as the"peoples attorney" and inventor of the Brandeis Brief being breifs mad of sociological facts and expert opinions which became a primary part of supreme court advocacy he was a jewish man who would encounter his fair share of antisemitism even within the supreme court itself progressive but by no means a radical
        
        Oliver Wendell Holmes we already talked about
        
        Harlan Fiske Stone former Wall Street lawyer and attorney gerneral under Calvin Coolidge considered liberal who would eveltually become the chief justice under FDR
        
        James Clark McReynolds served as attorney general under Wilson had a history of fighting monopolies but was still widly considered conservative he was also a blatant antisemite who would often leave the room when Brandeis spoke at meetings and refused to sit for a portrait next to him
        
        George Sutherland conservative mormon who migrated from england to utah conservative would vote to strike down key parts of the NEw Deal years later
        
        Willis Van Devanter Served in the territorial legislature in the Wyoming Territory and then as chief justice of the Wyoming Territorial Supreme Court he was a reliable member of the business majority on the Supreme Court with Taft and would also be an opponent of the New Deal
        
        Edward T. Sanford served as a federal judje in Tennesse before President Harding nominated him to the court all around centrest voting for big buisness but a sollid civil rights record
        
        Pierce Butler only Catholic on the court fled the Irish potato famine seerved as a lawyer for railroads and was also a regent of the university of minnesota where during World War 1 and was partially responsible for the dismissing of professors who held unpatriotic views appointed by harding
        
        Court ruled in favor or Bell to uphold the Virginia law with only Butler dissenting
        
        Holmes wrote the majority opinion
        
        Taft wrote and interesting letter to Holmes with advice pertaining to him writing the opinion and it read as follows: "some of hte brethren are troubled about the case, especially Butler. May I suggest that you make a little full [the discussion of] the care Virginia has taken in guarding against undue or hasty action, the proven absence of danger to the patient, and other circumstances tending to lessen the shock that many feel over such a remedy? The strength of the facts in three generations of course is the strongest argument for the necessity for such state action and its reasonableness."
        
        Note 3 generations proved eugenicists points and was one of the most important factors of the case, as was the interest of the patient, and avoidance of undue or hasty actions
        
        Holmes opinion was short, only 5 paragraphs and had some inaccuracies and did not mention any scientific skepticism
        
        Did not mention issues of the case such as the lack of witnesses or evidence submited in support of Carrie
        
        Clearly pro eugenics views
        
        "It is better for all the world if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind" Holmes
        
        "Three Generations of Imbeciles are enough" Holmes
        
        Did not mention the increasing amount of experts even former supporters of eugenics such as Henry Goddard
        
        Recognized Vivian as Feebleminded without and empirical evidence
        
        Best interest of the patient yet Carrie wanted to have children stated in later interview
        
        Virginia law claimed that inmate was given notice of time and place of sterilization hearing, the right to attend, and a right of appeal to circuit court met due process of the 14th amendment
        
        Holmes agreed with Priddy that the equal protection under the 14th amendment was not compromised becasue feebleminded who were not institutionalized could be and then could be sterilized. unlikely as their was no infrastructure in place for identiying members of the public as feebleminded
        
        Issue of government authority
        
        Holmes compared it to military draft: "Call upon the best citizens for their lives" "It would be strange it it could not call upon those who already sap the strength of the State for these lesser sacrifices... in order to preven our being swamped with incompetence"
        
        only cited on legal case Jacobson v. Massachusetts a compulsary vacination law that was upheld though this law did allow people to avoid vacince with a 5 dollar fine
        
        ignored Meyer v Nebraska or Pierce v. Society of Sisters in both cases the court stated that family and parenthood were protected from the intrusions of the state
- - - - low stress environment in the country sideImbeciles
      - farm and factory kept inmates productive and stimulatedImbeciles
      - patience contributed to their own upkeep with the hope of being self sufficient Imbeciles
  - - - Levels of Feeblemindedness Imbecile, idiot, moron Imbeciles pg 270
        
        In some cases may have been actual cognitive difficulties but in other documented cases could be individuals who offended middle class sensibilities such as over interest in sex by young women and unwed mothers Imbeciles
        
        Morons seen as hardest to spot according to Goddard Imbeciles pg. 32
        
        Goddard was particularly worried about Morons, a term he invented, Goddard quotes "...the characteristics of the moron are not those which are usually associated in the popular mind with persons of sub-normal intelligence. Morons are often normal looking with few or no obvious stigmata of degeneration frequently able to talk fluently; their conversation while marked by poverty of thought or even silliness nevertheless commonly passes as the result of ignorance"
        
        Goddard also beleived taht individuals who were classified in this was could not be changed and that they were simply incapable of functioning in society
        
        Stressed that feebleminded women were often oversexed and would often fall into prostitution
        
        Goddard believed that people with low intelligence who could not take care of them selves were easy to identify and segregate from the rest of society. he was more worried about high grade morons who blended in better but brought social ills and would produce children of the same kind
        
        Quote from Feeblemindedness its causes and consequences by Goddard "Even among those people whom we have usually considered thoroughly normal and responsible, there are environments in which they are responsible and others in which they cannot be so considered. They have intelligence enough to live in certain environments and care for themselves but in a more complex social group it is impossible for them to function properly" This perspective because clearer when Goddard implemented IQ tests at ellis island showing data which he believed that certain groups of immigrants were naturally less intelligent.
      - Usually seen as criminals paupers sexual dilinquance alchoholism prostitution and other social evils working class or impoverished people were vulnerable to classification particularly women
  - - - Binet simone test test and its original purpose
      - Goddards change in use and issues at Ellis island
      - Carries level of education and what is on the test
      - More information on other coggle