Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P33 ppsx

avoided conviction. In 1999 he was convicted of second-degree murder following the nationally televised broadcast of a videotape showing Kevorkian injecting a lethal drug into a patient. In 2000 the New England Journal of Medicine revealed a study showing that 75 percent of the 69 Kevorkian-assisted deaths that were investi- gated were of victims who were not suffering from a potentially fatal disease; five had no discernible disease at all. Instead, it appeared that many of the suicides were the result of depression or psychiatric disord er. In 1997 Oregon was the first state to adopt a statute permitting physician-assisted suicide. Although the statute was a source of con- siderable controversy, the U.S. Supreme Court upheld the law in a 2006 decision. The Supreme Court, in the case of Gonzales v. Oregon, did not make any broad determinations with respect to the right to die. Instead, the decision focused on the government’s attempt to use the federal Controlled Substances Act (CSA) to undermine the Oregon law allowing for physician-assisted suicide. The Supreme Court held that the government could not use the CSA to prosecute physicians that provide deadly doses of medicine to terminally ill patients. In 2008 Washington became the second state to establish a law allowing for physician-assisted suicide. FURTHER READINGS Chan, Samantha. 2000. “Rates of Assisted Suicides Rise Sharply in Oregon.” Student BMJ 11. FAQs about the Death With Dignity Act. State of Oregon. Available online at http://www.oregon.gov (accessed June 10, 2009). Garland, Norman M. 2009. Criminal Law for the Criminal Justice Professional. 2nd Ed. New York: McGraw-Hill. Kadish, Sanford H., ed. 1983. Encyclopedia of Crime and Justice. Vol. 2. New York: Free Press. Lafave, Wayne R., and Austin W. Scott, Jr. 1986. Substantive Criminal Law. Vol. 2. St. Paul, MN: West. Loewy, Arnold H. 2003. Criminal Law in a Nutshell. 4th Ed. St. Paul, MN: West. “New Revelations about Dr. Death.” 2000. Macleans 113. Torcia, Charles E. 1994. Wharton’s Criminal Law. 15th ed. New York: Clark, Boardman, Callaghan. CROSS REFERENCES Death and Dying; Insanity Def ense. HONOR As a verb, to accept a bill of exchange, or to pay a note, check, or accepted bill, at maturity. To pay or to accept and pay, or, where a credit so engages, to purchase or discount a draft complying with the terms of the draft. As a noun, in old ENGLISH LAW, a seigniory of several manors held under one baron or lord paramount. Also those dignities or privileges, degrees of nobility, knighthood, and other titles that flow from the crown. In the United States, the customary title of courtesy given to judges, and occasionally to some other officers, as, “his honor,”“your honor,” “honorable.” HONORARY TRUST An arrangement whereby property is placed in the hands of another to be used for specific non- charitable purposes where there is no definite ascertainable beneficiary—one who profits by the act of another—and that is unenforceable in the absence of statute. Trusts for the erection of monuments, the care of graves, the saying of Masses, or the care of specific animals, such as a cat, dog, or horse, are examples of honorary trusts. Honorary trusts for the benefit of specific animals differ from charitable trusts that have as a trust purpose the benefit of animals in general. In many jurisdictions, legislation validates special provisions for the upkeep of graves and monuments. Similarly, trusts for the saying of Masses are upheld as charitable t rusts. As a general rule, the designated trustee, one appointed or required by law to execute a trust, can effectuate the intent of the settlor—one who creates a trust—if he or she chooses to do so. Since there is no beneficiary who can enforce the trust, the implementation of the purposes of the trust depends upon the honor of the trustee. If the person does not execute the trust duties, he or she holds the property for the settlor or the settlor’s heirs on the theory of a RESULTING TRUST. Jurisdictions differ as to the extent to which honorary trusts will be recognized, if at all. Honorary trusts are usually limited by considera- tions of public policy. For instance, they cannot exist beyond the period of the RULE AGAINST PERPETUITIES , and their amounts cannot be unrea- sonably large for the purpose to be accomplished. The purpose must also be that of a reasonably normal testator and cannot be capricious. A settlor bequeaths $1,000 to a trustee to care for the settlor’scatanddog,and$1,000forthe purpose of maintaining the settlor’shomeinthe GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 308 HONOR same condition as of the instant of his death for 20 years thereafter, with all windows and doors blocked shut. Upon the settlor’sdeath,the residuary legatee inherits any money that remains in the estate after all other claims are paid and makes claims to both sums of money under these testamentary provisions. A court will find that the residuary legatee has no right to the $1,000 left for the cat and dog unless the trustee refuses to fulfill the obligations of caring for the dog and cat. The residuary legatee is, however, entitled to the other $1,000. Neither of these provisions of the settlor’s will created a private trust. As a general rule, the beneficiary of a private trust must be competent to come into court either in person or by guardian and enforce the trust duties against the trustee. Neither the cat nor the dog can appear in court. Some states permit provisions for reasonable sums to specific animals to be valid honorary trusts as long as public policy is not violated. If the trustee fails to properly execute his or her duties, he or she holds the property in resulting trust for the heirs or NEXT OF KIN of the decedent. In this example, if the trustee spends the $1,000 in caring for the dog and cat, he or she is not liable, but if he or she does not, a court will order the trustee to turn the money over to the residuary legatee as the beneficiary of a resulting trust. If the purpose of an intended honorary trust is capricious, the trust will fail. In this case, there is no legitimate end to be served by keeping the settlor’s home boarded up for 20 years. The purpose is capricious and the trust fails. Therefore, the $1,000 set aside for this purpose is held by the trustee in resulting trust for the residuary legatee who must receive it. v HOOKS, BENJAMIN LAWSON CIVIL RIGHTS advocate Benjamin Lawson Hooks is best known as the forceful executive director of the National Association for the Advancement of Colored People (NAACP) from 1977 to 1993. Before he led the NAACP, Hooks made a virtual career out of shattering U.S. racial barriers. He was the first African American ever appointed to a Tennessee criminal court and the first African American named to the FEDERAL COM- MUNICATIONS COMM ISSION (FCC). Hooks was also an ordained minister, a television host and producer, a savings and loan administrator, a public speaker, and a fast-food executive. Hooks was born January 31, 1925, in Memphis. As an African American living under JIM CROW LAWS, he experienced the daily Benjamin Lawson Hooks 1925– ▼▼ ▼▼ 1930 2000 1975 1950 ◆◆ ◆ ◆ ◆ ◆ ◆ ◆❖ 1925 Born, Memphis, Tenn. 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1943 Drafted into U.S. Army 1944 Earned B.A. from Howard University 1948 Received doctor of laws degree from DePaul University 1961–65 Served as assistant public defender of Shelby County, Tenn. 1972 Appointed by President Nixon as first African American member of FCC 1965–68 Appointed first African American judge on a Tenn. criminal court (Shelby County Criminal Court) 1977–93 Served as executive director of NAACP 1998 Received National Civil Rights Museum Freedom Award; named Distinguished Professor of Political Science and History, University of Memphis 2007 Awarded Presidential Medal of Freedom 1993 Became senior vice president at the Chapman Company 1996 Benjamin L. Hooks Institute for Social Change founded at University of Memphis Benjamin Hooks. CHIP SOMODEVILLA/ GETTY IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION HOOKS, BENJAMIN LAWSON 309 indignities of southern segregation. His parents, Bessie Hooks and Robert B. Hooks, raised their seven children with high moral and academic standards. After high school, Hooks enrolled at LeMoyne College, in Memphis, but his college career was interrupted by WORLD WAR II. Hooks was drafted into the U.S. Army in 1943 and rose to the rank of staff sergeant. After his military service, Hooks attended Howard University, in Washington, D.C., and graduated with a bachelor of arts degree in 1944. Hooks then traveled to Chicago to study law at DePaul University. Although Hooks wanted to enroll in a Tennessee law school, he could not do so because law schools in Tennessee refused to admit African Americans. Hooks graduated with adoctoroflawsdegreefromDePaulin1948.In 1949, he moved back to Memphis and started his own law practice. In 1952, he married Frances Dancy, and later, they had one child, Patricia. During the 1950s Hooks became active in the growing national CIVIL RIGHTS MOVEMENT. Along with MARTIN LUTHER KING Jr., Hooks served on the Board of Directors for the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE . During this time, Hooks also became an ordained Baptist minister and accepted a call as pastor of the Middle Baptist Church in Memphis. Adding to an already busy lif e, Hooks became vice president of a savings and loan association he helped found in Memphis in 1955. In 1961 Hooks took over as assistant public defender of Shelby County. His role led to an appointment in 1965 by Governor Frank G. Clement of Tennessee to the Shelby County Criminal Court. With this appointment, Hooks became the first African American to serve as judge on the Tennessee criminal bench. In 1966 he was elected on his own to a full eight-year term. In the meantime, Hooks became minister of the Greater New Mount Moriah Baptist Church in Detroit. He flew to Detroit twice a month to lead his congregation. In 1968 Hooks resigned his criminal court judgeship to become president of Mahalia Jackson Chicken Systems, a fast-food franchise. In 1972, he was appointed by President RICHARD M . NIXON to become a member of the previously all-white FCC, the federal agency that licenses and regulates radio, television, satellite com- munications, telephones, and telegraph trans- missions. This position allowed him to focus public attention on the image of African Americans in radio and television and to increase minority jobs in broadcasting. In 1977 Hooks assumed the position with which he is most commonly identified: execu- tive director of the NAACP. Following in the footsteps of the retiring ROY WILKINS, Hooks accepted the job because he deeply respected the NAACP and because he wanted to complete some of the unfinished business of the equal rights movement. A tireless worker, Hooks spent long days in the NAACP Baltimore headquarters performing what he called the “killing job.” During Hooks’s tenure the NAACP expressed concern over homelessness, drug abuse, inade- quate education, and neighborhood safety. Hooks lamented the rise of an intractable urban underclass and warned that the promise of jobs and economic independence for African Americans must be met soon. Hooks’s important accomplishments with the NAACP include his work in convincing Congress to impose sanctions against South Africa’s system of apartheid, for legislation creating fair housing rights, and for a federally recognized holiday to celebrate the life and work of Martin Luther King Jr. Hooks’s achievements with the NAACP took on a special significance in view of the political conservatism that prevailed during his fifteen-year tenure as its head—a period when RONALD REAGAN and GEORGE H. W. BUSH were in the White House. Hooks vowed to keep the NAACP true to its progressive mission. In fact, under his leadership, the NAACP refused to endorse the nomination of African American CLARENCE THOMAS to the U.S. Supreme Court because Thomas’s views were too conservative. By the time Hooks retired from the NAACP in 1993, its membership had grown to more than 500,000 people in over 2,200 chapters across the United States. Hooks was gratified by the results of a 1992 survey in which the NAACP earned an 86 percent approval rating among those polled. The organization worked hard to counter criticism that it was mired in the past and out of touch with African American youths. When Hooks retired from the NAACP post in April 1993, the 64 members of the NAACP Board of Directors elected Benjamin F. Chavis Jr., as his successor. Hooks left the NAACP to embark on yet another career challenge—as a senior vice president at the Chapman Company, a minority controlled brokerage and investment banking firm with offices in seven cities. THERE WILL ALWAYS BE A NEED FOR THE NAACP .ONCE WE THOUGHT THERE WOULD COME A TIME WHEN OUR WORK WOULD BE FINISHED . B UT RACISM STILL EXISTS AND INEQUALITY IS STILL BUILT INTO THIS SOCIETY . —BENJAMIN L. HOOKS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 310 HOOKS, BENJAMIN LAWSON The NAACP experienced turmoil in 1994 when a SEXUAL HARASSMENT lawsuit was filed against Chavis. Chavis resigned and was replaced in 1996 by Kweisi Mfume who functioned as president and CEO. Throughout the controversy Hooks remained supportive of the NAACP. After retiring from the NAACP, Hooks remained active. In addition to the Spingarn Medal which he was awarded in 1986, Hooks received n umerous awards and more than 25 honorary degrees, and he has served as president of the National Civil Rights Museum. In 1996 the Benjamin L. Hooks Institute for Social Change was established at the University of Memphis. The purpose of the institute is to promote understanding of the civil rights move- ment and the quest for HUMAN RIGHTS.Hooksalso served as the chairman of the Board of Directors of the National Civil Rights Museum. In 2007 Hooks was awarded the Presidential Medal of Freedom, the nation’s highest civilian honor, by President GEORGE W. BUSH. “Dr. Hooks was a calm yet forceful voice for fairness, opportunity,andpersonalresponsibility.He never tired or falteredin demanding ournationlive up to its founding ideals of liberty and equality,” said Bush when he presented Hooks with the award. Hooks died April 15, 2010, in his home in Memphis, Tennessee. FURTHER READINGS “Benjamin Hooks, Leading Jurist and Civil Rights Leader.” Voice of America. February 26, 2008. Bigelow, Barbara Carlisle, ed. 1992. Contemporary Black Biography. Vol. 2. Detroit: Gale Research. Biography of Dr. Benjamin L. Hooks. Benjamin Hooks Institute for Social Change. Available online at http://benhooks.memphis.edu/drhooks.html (accessed November 25, 2009). Kluger, Richard. 1976. Simple Justice. New York: Random House. Orfield, Gary, Susan E. Eaton, and Elaine R. Jones. 1997. Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education. New York: New Press. Schwartz, Bernard. 1986. Swann’s Way: The School Busing Case and the Supreme Court. New York: Oxford University Press. v HOOVER, HERBERT CLARK Herbert Clark Hoover was the thirty-first PRESIDENT OF THE UNITED STATES, serving from 1929 to 1932. A wealthy mining engineer, Hoover directed humanitarian relief efforts during and after World Wars I and II. His presidency was devastated by the stock market crash of 1929 and the ensuing Great Depression. Hoover was born August 10, 1874, in West Branch, Iowa. His father and mother died when he was you ng, and he was raised by an uncle in Oregon. He entered the first first-year class at Stanford University and graduated in 1895 with a degree in mining engineering. He became an expert on managing and reorganizing mines throughout the world. He spent time in Australia and China before setting up his own engineering firm in London in 1908. By 1914 Hoover had become a millionaire. Hoover became involved in relief work during WORLD WAR I. In 1914 he served as director of the American Relief Commission in England, which helped one hundred twenty thousand U.S. citizens return home after being stranded at the outbreak of the war. The British government then asked him to lead the Commission for Relief in Belgium. His main achievement during this period was the distri- bution of supplies to civilian victims of the war in Belgium and France. After the United States entered the war in 1917, President WOODROW WILSON named Hoover U.S. food administrator. In this capacity Hoover coordinated the production and con- servation of food supplies that could be used for the war effort. Hoover also chaired the Europe- an Relief and Reconstruction Commission, directing activities of numerous relief depart- ments and organizing the distribution of provisions. After the war Hoover coordinated the American Relief Administration. This agen- cy provided food to millions during the famine of 1921 in the Soviet Unio n. Hoover’s humanitarian efforts made him an international figure. Democrats and Republi- cans sought to make him a presidential candi- date in 1920, but Hoover rejected their offers. Instead, in 1921 he accepted the position of secretary of commerce in the administration of President WARREN G. HARDING, a Republican. Hoover was an energetic administrator, reorga- nizing the department and expanding its oversight into commercial aviation, highway safety, and radio broadcasting. He chaired commissions that established the Hoover Dam and the St. Lawrence Seaway. In 1928 Hoover won the Republican presidential nomination. He easily defeated Democrat Alfred E. Smith, on a platform of continued economic prosperity and support for Prohibition. FREE SPEECH DOES NOT LIVE MANY HOURS AFTER FREE INDUSTRY AND FREE COMMERCE DIE . —HERBERT HOOVER GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION HOOVER, HERBERT CLARK 311 Hoover devoted the early days of his presidency to improving the economic condi- tions of farmers. He advocated foreign tariffs on imported farm products as a way to protect domestic farm prices. Congress went beyond Hoover’s recommendation and in 1930 enact ed the Hawley-Smoot Tariff Act (19 U.S.C.A. § 1303 et seq.), which placed tariffs on nonfarm products as well. The act severely damaged U.S. foreign trade. The control of Prohibition pursuant to the EIGHTEENTH AMENDMENT and the VOLSTEAD ACT (41 Stat. 305 [1919]) had become a serious problem by 1929. ORGANIZED CRIME had seized the opportunity to sell illegal alcohol. The only way large-scale liquor and speakeasy traffic could flourish was with the cooperation of law enforcement, so state and local law enforcement agencies were tainted with corruption. In 1929 Hoover established the National Commission on Law Observance and Law Enforcement, appointing GEORGE W. WICKERSHAM to direct an investigation of the effectiveness of law enforce- ment practices in the United States. The WICKERSHAM COMMISSION report was an important inquiry into the practices of the U.S. criminal justice system. The report examined all facets of police work and, for the first time, discussed police brutality and the “third degree” method of interrogating suspects. The report called for the professionalization of police. The U.S. economy appeared to be robust in 1929, but a rising stock market had been built on stock purchases financed by widespread borrowing. When the stock market crash ed on October 29, individuals, banks, and other economic institutions were devastated. Hoover sought to inspire public confidence by meeting with business leaders and by proclaiming that the economic downturn would be brief. Hoover’s prediction was wrong. The United States slid into the worst economic depression in its history. Hoover resisted massive federal intervention because he believed that the economy would correct itself. He did approve some federal public works projects that provided jobs, but he opposed federal aid to the Herbert Hoover. LIBRARY OF CONGRESS Herbert Clark Hoover 1874–1964 ❖ 1874 Born, West Branch, Iowa ◆ 1908 Set up engineering firm in London, England ◆ 1895 Graduated from Stanford University 1934 The Challenge to Liberty published 1932 Roosevelt won presidential election in landslide 1914–18 World War I 1964 Died, New York City ◆◆ 1930 Hawley-Smoot Tariff Act passed 1939–45 World War II 1951–52 Memoirs published 1950–53 Korean War 1961–73 Vietnam War ▼▼ ▼▼ 19001900 18751875 19251925 19501950 19751975 ◆ 1914–21 Headed various American and European relief agencies ❖ ◆ 1921 Appointed U.S. secretary of commerce 1929 Established Wickersham Commission to investigate police corruption 1929–33 Served as president of the United States ◆ ◆ ◆ 1946 Appointed to head the Famine Emergency Commission 1947 Hoover Commission proposed changes to executive department ◆ 1929 Stock market crashed, led to Great Depression GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 312 HOOVER, HERBERT CLARK unemployed. In his view private charity should help those who had fallen on hard times. In 1932, with 12 million people out of work and hundreds of banks faili ng, Hoover created the Reconstruction Finance Corporation (RFC) to extend loans to revitalize industry and to keep bank s from going into BANKRUPTCY. Con- gress authorized the RFC to loan up to $300 million to states for relief. Many persons viewed these actions as too little and too late. The troubles of the Hoover administration culminated in the Bonus Army March on Washington, D.C. In 1932 World War I veterans demanded monetary bonuses that had been promised them in 1924, even though the bonuses were not scheduled to be paid until 1945. The House of Representatives had passed a bill authorizing early payment, and the veterans sought to pressure the Senate to follow suit. More than 15,000 veterans, in desperate need of funds, organized a march on Washington, D.C., to secure immediate payment from the govern- ment. The “bonus army” constructed a make- shift city and declared that its members were ready to stay until their goal was achieved. Hoover dispatched federal troops to destroy the encampment and drive the veterans out of the nation’s capital. For doing so he received nationwide criticism. The REPUBLICAN PARTY nominated Hoover for a second term in 1932, but his candidacy attracted little enthusiasm. The DEMOCRATIC PARTY nominee, New York Governor FR AN KLI N D . ROOSEVELT, mounted a vigorous campaign against Hoover’s economic policies, calling for a “new deal” for U.S. citizens. Roosevelt promised to balance the budget, provide relief to the unemployed, he lp the farmer, and repeal Prohibition. He carried 42 of the 48 states. Hoover was angered by Roosevelt’s NEW DEAL , which made the federal government the dominant player in the national economy. In 1934 he published The Challenge to Liberty, which attacked Roosevelt and his policies. He then withdrew from public life until 1946, when President HARRY S . TRUMAN asked him to return to relief work. Hoover subsequently directed the Famine Emergency Commission, which distrib- uted food supplies to war-torn nations. In 1947 Truman authorized him to investigate the executive department of the U.S. government. The resulting Hoover Commission proposed changes in the EXECUTIVE BRANCH that saved money and streamlined government. Hoover had a continuing interest in the Hoover Institution on War, Revolution, and Peace, which he founded at Stanford in 1919 and which remains an important research center. He published his memoirs in three volumes (1951–52) and The Ordeal of Woodrow Wilson (1958). Hoover lived longer after leaving the presidency than did any other president. He died at age 90 on October 20, 1964, in New York City. FURTHER READINGS Hawley, Ellis, ed. 1974–1977. Herbert Hoover: Containing the Public Messages, Speeches, and Statements of the Presi- dent, 4 vols. Washington, D.C.: U.S. Government Printing Office. Leuchtenberg, William E. 2009. Herbert Hoover. New York: Times. Walch, Timothy, ed. 2003. Uncommon Americans: The Lives and Legacies of Herbert and Lou Henry Hoover. Santa Barbara, CA: Praeger. v HOOVER, JOHN EDGAR John Edgar Hoover served from 1924 to 1972 as the director of the FEDERAL BUREAU OF INVESTIGA- TION (FBI). During his long tenure, Hoover built the FBI into a formidable law enforcement organization, establishing standards for the collection and evaluation of information that made the FBI an effective crime fighting agency. However, Hoover’s reputation was tarnished by his collection of damaging information on prominent politicians and public figures for his personal use, and by his aggressive investi- gation of CIVIL RIGHTS leaders and left-wing radicals. Hoover was born January 1, 1895, in Washington, D.C. Following graduation from high school, he turned down a scholarship from the University of Virginia, electing to stay home and study law at night at GEORGE WASHINGTON University. In 1916 he received a bachelor of laws degree. In 1917 he added a master of laws degree. Upon graduation from college, Hoover joined the U.S. JUSTICE DEPARTMENT. Hoover started in a minor position, but his intelligence, energy, and mastery of detail were quickly noticed by his superiors. By 1919 he had risen to the rank of special assistant attorney general. During these early years, Hoover first became involved with the suppression of WE ARE A FACT- GATHERING ORGANIZATION ONLY . W E DON’T CLEAR ANYBODY .WE DON’T CONDEMN ANYBODY . —J. EDGAR HOOVER GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION HOOVER, JOHN EDGAR 313 political radicals, assisting Attorney General A. Mitchell Palmer in the arrest and deportation of left-wing aliens. In 1919 he was appointed chief of the department ’s General Intelligence Divi- sion (GID), a unit designated by Palmer to hunt down radicals. Within three months Hoover collected the names of 150,000 alleged sub- versives. Armed with this information, federal agents conducted nationwide dragnets, arresting over ten thousand people. Critics argued that these Palmer Raids violated civil liberties. Nevertheless, thousands of persons were de- ported. By 1921 the GID had nearly half a million names of persons suspected of subver- sive activities. In 1924 Hoover was appointed acting director of the Bureau of Investigation (BI), the forerunner of the FBI. The BI was a weak agency, hampered by limited investigatory powers, the inability of its agents to carry weapons, and the swelling of its rank with political appointments. After several scandals revealed the extent of the BI’s problems, Attorney General HARLAN F. STONE appointed Hoover to clean up the agency. Though only 29, Hoover met the challenge head-on. He began a thoroug h reorganization of the bureau, imposing strict discipline on his employees. Hoover’s goal was to establish a professional law enforcement agency of unques- tioned integrity. Between 1924 and 1935, he introduced a series of innovations that changed national law enforcement. Hoover established a national fingerprint collection, the first system- atic database that federal, state, and local agencies could use to match FINGERPRINTS at crime scenes with those on file at the bureau. He also created a crime laboratory, which developed scientific procedures for obtaining forensic evidence. Finally, Hoover made a point of changing the character of his agents. He established a training academy for new agents, who were selected on the basis of their qualifications, not on their political connec- tions. Agents were required to be college educated and to maintain the highest standard of personal and professional ethics. As the agency became more professional, its jurisdiction increased. In 1935 President FRANKLIN D . ROOSEVELT signed crime bills giving agents the authority to carry guns and make arrests, and in the same year, the bureau officially became the FBI. During the 1930s Hoover moved from internal reorganization to external promotion of himself and his agency. The gangster era, from 1920 to 1935, ended in the arrest or killing of well-publicized hoodlums such as John Dillinger, Pretty Boy Floyd, and Bonnie and Clyde. Hoover and his G-men were celebrated for these exploits in newspapers, radio, newsreels, and Hollywood J. Edgar Hoover. LIBRARY OF CONGRESS John Edgar Hoover 1895–1972 ❖ ❖ 1895 Born, Washington, D.C. 1917 Earned LL.M. from George Washington University; joined Department of Justice 1914–18 World War I 1961–73 Vietnam War 1939–45 World War II 1934 Bureau agents gained authority to carry guns and make arrests 1950–53 Korean War ▼▼ ▼▼ 19001900 19501950 19751975 19251925 1939 Supreme Court ruled that the evidence from illegal wiretaps could not be used in trials (Nardone v. United States) ◆◆ ◆ ◆◆ ◆ 1966 Freedom of Information Act passed 1924 Appointed acting director of the Bureau of Investigation (BI) ◆ 1919 Appointed chief of the Justice Department's General Intelligence Division ◆ 1972 Died, Washington, D.C. ◆◆ 1956 COINTELPRO formed 1971 COINTELPRO ended 1935 BI renamed FBI 1938 House Un-American Activities Committee (HUAC) formed GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 314 HOOVER, JOHN EDGAR movies, establishing Hoover as the nation’s leading crime fighter. Hoover’s focus shifted to political subversion and foreign ESPIONAGE during WORLD WAR II. Again, the FBI was celebrated in the news media and popular culture, this time for tracking down Nazi saboteurs and spies. With the end of World War II and the beginning of the COLD WAR with the Soviet Union, Hoover directed his efforts at rooting out Communist subversives. Harkening back to his early work with Palmer, Hoover’s zealousness for this task led him to make alliances with the House Un-American Activities Committee; anti-Communist politicians such as Representative RICHARD M. NIXON,ofCalifornia, and Senator JOSEPH R. MCCARTHY, of Wisconsin; and members of the news media who were eager to print Hoover’s inside information. During the 1950s Hoover concentrated on anti-Communist initiatives, ignoring calls to investigate the growth of ORGANIZED CRIME.He published Masters of Deceit (1958), a book that articulated his views on what he perceived to be the Communist conspiracy to overthrow the U.S. government. He established the FBI’s Coun- terintelligence Program ( COINTELPRO)todisrupt the U.S. Communist party and to discredit its members through informants, disinformation, and anonymous letters and telephone calls. He also enlisted the cooperation of the INTERNAL REVENUE SERVICE to conduct selective tax audits of people he suspected of being Communists. Critics of Hoover argued—and continue to argue—that he went beyond law enforcement in these efforts, using so-called dirty tricks to undermine the reputation of persons he believed to be subversive. Despite these charges Hoover remained a powerful federal official. His use of wiretaps on phones, and of other forms of ELECTRONIC SURVEILLANCE , provided him with a wealth of information on the private affairs of many prominent political figures. Hoover shared some of this information with his political allies, but much of it remained in his private files. Over time many politicians came to fear Hoover, who they believed might have incriminating informa- tion about them that could destroy their political careers. Armed with these files, Hoover enjoyed immense power in the 1950s and 1960s. With the birth of the modern CIVIL RIGHTS MOVEMENT , Hoover discovered what he consid- ered another subversive group. He became convinced that MARTIN LUTHER KING, JR., was a pawn of the Communist conspiracy. He had agents follow King and record sexual encoun- ters in various hotel rooms. King’s SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE offices were wiretapped and burglarized by the FBI many times, all in the hope of finding information that would discredit King. Though Hoover’s efforts proved futile, they demonstrated his ability to use the FBI as his personal tool. During the 1960s Hoover also had the FBI investigate the KU KLUX KLAN and other white supremacist groups. The same techniques used against King and other alleged subversives were also employed against right-wing radicals who threatened physical violence. And with the growth of opposition to the VIETNAM WAR in the 1960s, Hoover targeted war protesters. Presidents LYNDON B. JOHNSON and Richard M. Nixon allowed Hoover to serve past the mandatory retirement age. During his last years, Hoover was criticized for his authoritarian administration of the FBI. Agents who dis- pleased him could be banished to an obscure FBI field office or discharged. Perhaps most troubling was his refusal to investigate orga- nized crime with the same resources expended on politically subversive organizations. Hoover died May 2, 1972, in Washington, D.C. FURTHER READINGS Gentry, Curt. 2001. J. Edgar Hoover: The Man and the Secrets. New York: Norton. Powers, Richard G. 1987. Secrecy and Power: The Life of J. Edgar Hoover. New York: Free Press. Wannall, Ray. 2000. The Real J. Edgar Hoover: For the Record. Paducah, KY: Turner. CROSS REFERENCES Communism; Forensic Science. v HORNBLOWER, WILLIAM BUTLER William Butler Hornblower was a noted cor- porate and trial lawyer who was nominated to the U.S. Supreme Court but failed to win confirmation. Hornblower was born May 13, 1851, in Paterson, New Jersey, with an unusually distin- guished family background. His great-grandfather was a member of the Congress of the CONFEDERA- TION and a judge, his grandfather was a chief justice of the Supreme Court of New Jersey, his father was a noted theologian and pastor, and his mother GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION HORNBLOWER, WILLIAM BUTLER 315 was a descendant of Revolutionary leaders and colonial judges. In addition, one of his uncles was JOSEPH P. BRADLEY, an associate justice of the U.S. Supreme Court, and another was Lewis B. Woodruff, a highly respected federal CIRCUIT COURT judge. Hornblower was first educated at presti- gious preparatory schools and in 1871 graduat- ed with honors from the College of New Jersey (later known as Princeton University). At the encouragement of Bradley and Woodruff, he then entered Columbia University to study law. In 1875 he graduated with distinction, was admitted to the bar, and became a trial lawyer with the New York City firm of Caton and Eaton, where he had been a clerk while a law student. In 1888 he founded the firm of Hornblower and Byrne. Throughout his legal career, Hornblower represented a number of major corporate clients, including the New York Life Insurance Company; the Chicago, Milwaukee, and St. Paul Railway Company; the New York Security and Trust Company; and several tobacco companies. He also served on many public commissions, held office in state and national bar associations, and was active in the DEMOCRATIC PARTY. In 1893 President Grover Cleveland nomi- nated Hornblower to succeed SAMUEL BLATCHFORD, who had died, as an associate justice of the U.S. Supreme Court. Given his long and distin- guished career, Hornblower appeared headed for easy confirmation, but a bitter political battle intervened to prevent H ornblower from taking the seat. A year before his nomination to the Court, Hornblower had been appointed to a New York City Bar Association committee convened to investigate Judge Isaac H. Maynard. Maynard was accused of improper conduct in a contested election while he was deputy attorney general. The investigation ultimately led to Maynard’s defeat for a seat on the New York Court of Appeals. David B. Hill, a powerful New York senator and a close friend of Maynard’s, retaliated against Hornblower for his role in the investigation by vigorously campaigning against Hornblower’s nomination. Hill’s efforts were successful: the Senate rejected Horn- blower’s nomination by a vote of 30–24. In 1895 President Cleveland nominated Hornblower for another vacancy on the Court. This time, Hornblower declined the nomina- tion, citing the financial sacrifice he would incur if he left his very lucrative law practice. In 1914 Hornblower was nominated to the New York Court of Appeals and was confirmed unanimously by the New York state senate. He took his seat on the court in March, but left after only one week owing to illness. He died two months later, on June 16, 1914, in Litchfield, Connecticut. HORNBOOK A primer; a book explaining the basics, funda- mentals, or rudiments of any science or branch of knowledge. The phrase hornbook law is a colloquial designation of the rudiments or general principles of law. A colloquial reference to a series of textbooks that review various fields of law in sum mary, narrative form, as opposed to casebooks, which are designed as primary teaching tools and include many reprints of court opinions. William Butler Hornblower 1851–1914 ❖ ◆◆ 1851 Born, Paterson, N.J. 1914–18 World War I 1914 Appointed to New York Court of Appeals; died, Litchfield, Conn. 1861–65 U.S. Civil War 1893 Nominated to Supreme Court by President Cleveland but failed to win confirmation ▼▼ ▼▼ 19001900 19251925 18501850 18751875 ❖ ◆ 1871 Graduated with honors from Princeton University ◆ 1875 Graduated from Columbia University Law School; admitted to New York bar 1888 Founded law firm of Hornblower and Byrne ◆ 1895 Declined second nomination to Supreme Court [T]HE INDEPENDENCE OF THE JUDICIARY IS THE KEYSTONE OF OUR FORM OF GOVERNMENT , THAT IF THE KEYSTONE IS REMOVED THE WHOLE STRUCTURE IS IN DANGER OF DISINTEGRATION AND DESTRUCTION . —WILLIAM HORNBLOWER GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 316 HORNBOOK HOSTAGES Persons taken by an individual or organized group in order to force a state, government unit, or community to meet certain conditions: payment of ransom, release of prisoners, or some other act. The taking of hostages, whether during wartime or periods of peace, is generally con- demned under INTERNATIONAL LAW. HOSTILE FIRE In insurance law, a combustion that cannot be controlled, that escapes from where it was initially set and confined, or one that was not intended to exist. A hostile fire differs from a FRIENDLY FIRE, which burns in a place where it was intended to burn, such as one confined to a fireplace or furnace. HOSTILE WITNESS A witness at a trial who is so adverse to the party that called him or her that he or she can be cross-examined as though called to testify by the opposing party. The FEDERAL RULES OF EVIDENCE provide that witnesses who are hostile, or adverse, can be in- terrogated through the use of leading questions. HOT LINE AGREEMENT, 1971 The original “hot line” agreement was a memorandum of understanding between the United States and the Soviet Union reached in 1963 to establish a direct communications link between the governments of the two nations. The need for such a communications channel was evident in the CUBAN MISSILE CRISIS of 1962 and its establishment was viewed as a means of forestalling an unnecessary resort to force. The 1971 hot line agreement updated the 1963 accord by increasing the communications capability between the two governments. It called for the addition of two separate circuits of commun ications employing a U.S. and a Russian satellite system. CROSS REFERENCE Cold War. HOT PURSUIT A doctrine that provides that the police may enter the premises where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator; also sometimes called fresh pursuit. Countless crime dramas have portraye d police officers in a high-speed chase barking into their radio that they are “in hot pursuit” of a suspect. This popular image says little about the legal rule of hot pursuit. As established by the U.S. Supreme Court, the rule is an important exception to the freedoms guaran- teed by the FOURTH AMENDMENT. That constitu- tional provision safeguards citizens against excessive police intrusion into their life and property. Its foremost protection is the SEARCH WARRANT , which must be obtained from a judge or magistrate before the police can condu ct most searches. Under special circumstances, the rule of hot pursuit gives the police extra powers to enter private property and conduct a search without a warrant. The rule recognizes practical limitations on Fourth Amendment rights in light of the realities of police work, especially in emergencies, but it stops far short of giving the police complete freedom to conduct warrantless searches. As a powerful deterrent to the ABUSE OF POWER , the Fourth Amendment is designe d to The doctrine of hot pursuit provides that in certain cases police may enter, without a warrant, premises where they suspect a crime has been committed. CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION HOT PURSUIT 317 . Act passed 1939– 45 World War II 1 951 52 Memoirs published 1 950 53 Korean War 1961–73 Vietnam War ▼▼ ▼▼ 19001900 18 751 8 75 19 251 9 25 1 950 1 950 19 751 9 75 ◆ 1914–21 Headed various American and European. win confirmation ▼▼ ▼▼ 19001900 19 251 9 25 1 850 1 850 18 751 8 75 ❖ ◆ 1871 Graduated with honors from Princeton University ◆ 18 75 Graduated from Columbia University Law School; admitted to New York bar 1888 Founded law firm of Hornblower and. I 1961–73 Vietnam War 1939– 45 World War II 1934 Bureau agents gained authority to carry guns and make arrests 1 950 53 Korean War ▼▼ ▼▼ 19001900 1 950 1 950 19 751 9 75 19 251 9 25 1939 Supreme Court ruled that