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"Santa Anna at the Alamo - A Trial" Topic


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Tango0125 Jul 2016 9:26 p.m. PST

"I am 14 years old and I am participating in a mock trial. In this I am a prosecutor. I am supposed to be prosecuting Santa Anna on account of whether or not he is guilty of war crimes [of] having Davy Crockett and William Travis executed. I'm not sure whether he committed any crime or not at the Alamo. I read your War Room thing about [it], but I['m] still a little unclear. I would really appreciate your opinion on the matter.

If you read the War Room on this subject, you know the opinions differ as much as the people who wrote them. In a real trial, the judge would admonish the jury to set aside their personal feelings and determine if any laws were broken. Your job as a prosecutor is to prove the guilt, in this case, of General Santa Anna.

First you must establish under which laws you will be trying him. Pre-independance or post-independance. What laws were in effect?

Before independence, Texas was still part of Mexico, so Mexican law prevailed. Let's remember that one of the reasons that the revolution happened in the first place was because Santa Anna set aside the Mexican Constitution of 1824 , thus making himself the absolute ruler of Mexico.

That constitution held certain guarantees of freedom and of representation. Without these, Texas colonists were little more than prisoners in their own land. So, before Texas independence, Santa Anna made the rules. I doubt that you could have gotten a conviction…"
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Old Wolfman26 Jul 2016 6:39 a.m. PST

And in Mexican jurisprudence at that time,I believe the burden of proof was on the defense.

CorroPredo26 Jul 2016 8:32 a.m. PST

I don't know about the Alamo, but definitely for the Massacre at Goliad.

Personal logo piper909 Supporting Member of TMP26 Jul 2016 1:39 p.m. PST

I suppose that the concept of war trials or international standards of justice during wartime are all post facto for the 1830s anyway. So the theme is a bit of an anachronism. It would be like putting the Romans on trial for owning slaves or the Athenians for massacring the inhabitants of Melos.

General Urrea was in direct charge of the Goliad massacre, wasn't he? So I guess he would use the "just following orders" Nazi defense and try to lay the blame for his actions on Santa Anna.

"Frontier justice" is what Santa Anna was lucky to escape from!

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