![FairMormon Logo](https://www.fairlatterdaysaints.org/wp-content/uploads/2021/01/2021_fair_logo_primary.png)
FAIR is a non-profit organization dedicated to providing well-documented answers to criticisms of the doctrine, practice, and history of The Church of Jesus Christ of Latter-day Saints.
(→Question: Was Joseph Smith ever charged with adultery under Illinois law?) |
(→Question: Was Joseph Smith ever charged with adultery under Illinois law?) |
||
Line 9: | Line 9: | ||
Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.<ref name="defining">{{Article:Bradshaw:Defining Adultery/Full title|pages=}}</ref>{{Rp|403,414}} Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed. | Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.<ref name="defining">{{Article:Bradshaw:Defining Adultery/Full title|pages=}}</ref>{{Rp|403,414}} Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed. | ||
− | For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"<ref name="defining"></ref>{{Rp|404}} | + | For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"<ref name="defining">{{Article:Bradshaw:Defining Adultery/Full title|pages=}}</ref>{{Rp|404}} |
===Illinois law only criminalized adultery or fornication if it was "open"=== | ===Illinois law only criminalized adultery or fornication if it was "open"=== | ||
Line 19: | Line 19: | ||
The same author emphasized: | The same author emphasized: | ||
− | <blockquote>The term "open" in [the Illinois Criminal Code of the day<ref>Bradshaw cites Criminal Code, section 123, ''Revised Laws of Illinois'': "Any man or woman who shall live together in '''an open state''' of adultery or fornication, or adultery and fornication, every such man and woman shall be indicted...." (Bradshaw, 407, emphasis added).</ref>] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.<ref name="defining"></ref>{{Rp|408}}</blockquote> | + | <blockquote>The term "open" in [the Illinois Criminal Code of the day<ref>Bradshaw cites Criminal Code, section 123, ''Revised Laws of Illinois'': "Any man or woman who shall live together in '''an open state''' of adultery or fornication, or adultery and fornication, every such man and woman shall be indicted...." (Bradshaw, 407, emphasis added).</ref>] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.<ref name="defining">{{Article:Bradshaw:Defining Adultery/Full title|pages=}}</ref>{{Rp|408}}</blockquote> |
</onlyinclude> | </onlyinclude> | ||
{{endnotes sources}} | {{endnotes sources}} | ||
[[Category:Letter to a CES Director]] | [[Category:Letter to a CES Director]] | ||
[[Category:MormonThink]] | [[Category:MormonThink]] |
Joseph Smith was, in fact, once charged with adultery under Illinois Law. This occurred shortly before his death, when Robert Foster, William Law (Joseph's former counselor in the First Presidency) and Law's brother Wilson charged Joseph with adultery in the case of Maria Lawrence.[1]:403,414 Joseph took an aggressive stance in the defense of himself and Maria, which would be surprising if Illinois law was as detrimental to his case as many have assumed.
For example, as soon as Joseph was charged, two days later he and his supporters "rode to Carthage, intent on having" the charge "'investigated.'"[1]:404
It is vital to understand, however, that:
Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844. Illinois law only criminalized adultery or fornication if it was "open". Had Joseph lived to face trial on this charge, he would have had good reason to expect acquittal because his relationships with his plural wives were not open, but were kept confidential and known by a relative few. Given a fair trial on this indictment, Joseph could have relied on several legal defenses.[1]:402
The same author emphasized:
The term "open" in [the Illinois Criminal Code of the day[2]] is a key element of this crime. The meaning of this term was then and still today is generally understood in law to cover conduct that is "notorious," "exposed to public view," or "visible," and which is "not clandestine." Joseph's relationships with his plural wives did not meet this definition.[1]:408
Notes
FAIR is a non-profit organization dedicated to providing well-documented answers to criticisms of the doctrine, practice, and history of The Church of Jesus Christ of Latter-day Saints.
We are a volunteer organization. We invite you to give back.
Donate Now