Source:Madsen:Defining Adultery:Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844

M. Scott Bradshaw: "Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844"

Parent page: Joseph Smith/Polygamy/Illegal

M. Scott Bradshaw: "Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844"

M. Scott Bradshaw:

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

Notes

  1. ↑ M. Scott Bradshaw, "Defining Adultery under Illinois and Nauvoo Law," in Sustaining the Law: Joseph Smith's Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch (Provo, Utah: BYU Studies, 2014), 401–426.