Tom Robinson is a poor, crippled husband and father who gets caught in the clutches of a lonely white nineteen year-old's game and pays for it with his life. In a 1935 Alabama town, there's no justice for a black man, especially if his word is up against that of white folks. Atticus Finch works up the best defense any man could have asked for, but it isn't enough to change the minds of the twelve white men on the jury. There were just too many long-standing traditions at stake for them to acquit Tom for his alleged crime. Scout describes the announcement of the verdict as follows:
"A jury never looks at a defendant it has convicted, and when this jury came in, not one of them looked at Tom Robinson. The foreman handed a piece of paper to Mr. Tate who handed it to the clerk who handed it to the judge. . . 'Guilty. . . guilty. . . guilty.' I peeked at Jem: his hands were white from gripping the balcony rail, and his shoulders jerked as if each 'guilty' was a separate stab between them" (211).
Later, in chapter 23, Atticus and Jem are discussing the punishment for someone being found guilty of rape in the state of Alabama. Jem says that it isn't fair that he is considered guilty because Tom didn't take anyone's life. Atticus reminds Jem that the code of Alabama states that rape is a capital offense--punishable by death. Jem innocently says, "...the jury didn't have to give him death--if they wanted to they could've gave him twenty years" (219).
Clearly, Jem doesn't understand that it isn't the jury that sentences a convict, the judge declares it. Even so, Tom was convicted on rape charges and sentenced to death. Atticus wanted to push for an appeal, but Tom lost faith in his chances and tried to escape prison. As a result, he get shot while attempting to climb over a tall fence.
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