The White Court (1910–21)Criminal Justice |
Who dissented in the Frank case and what was their position? |
Justices Oliver Wendell Holmes and Charles Evans Hughes dissented, with Holmes writing an opinion. Holmes believed that Frank’s lawyers had raised allegations at least sufficient to require a federal court hearing to determine whether the trial was indeed dominated by a mob. “Mob law does not become due process of law by securing the assent of a terrorized jury,” he warned.