Anthony Cramer

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Charge:	Treason
Sentence:	"45 years and $10,000 fine"
Years Imprisoned:	2.83
Year Crime:	1942
Year Convicted:	1943
Year Cleared:	1945
U.S. State or Country of Crime:	New York - Federal Case
County or Region of Crime:	New York
City of Crime:	New York City
Result:	Judicially Exonerated Released
Summary of Case:	"Anthony Cramer was wrongly convicted in 1943 of commiting treason on June 23, 1942 by providing aid and comfort to the emeny when he met with two German agents in New York City. One of those men was Werner Thiel who had landed in the U.S. from a U-boat off Florida, bringing into the country money from the German Government. Cramer served in the German Army during World War I, he immigrated to the U.S. in 1925, and he became a naturalized citizen in 1936. After his conviction by a jury, the trial judge sentenced him to 45 years in prison and a $10,000 fine, instead of death. The trial judge stated: "I shall not impose the maximum penalty of death. It does not appear that this defendant Cramer was aware that Thiel and Kerling were in possession of explosives or other means for destroying factories and property in the United States, or planned to do that. From the evidence, it appears that Cramer had no more guilty knowledge of any subversive purposes on the part of Thiel or Kerling than a vague idea that they came here for the purpose of organizing pro-German propaganda and agitation. If there were any proof that they had confided in him what their real purposes were, or that he knew, or believed what they really were, I should not hesitate to impose the death penalty." (Cramer v. United States 325 U.S. 1, 5-6 (1945)) On August 20, 1943 the U.S. Second Circuit Court of Appeals affirmed Cramer's conviction. On April 23, 1945, by a majority 5 to 4 vote, the U.S. Supreme Court reversed Cramer's conviction on the basis the prosecution failed to introduce sufficient evidence to prove Cramer committed an overt act against the United States, which is an essential element to establish treason. Justice Robert H. Jackson wrote in the majority ruling that the prosecution introduced no evidence "showing that Cramer gave them any information whatever of value to their mission, or that he had any to give; no showing of any effort at secrecy, they having met in public places, and no evidence that Cramer furnished them shelter, sustenance, or supplies, or that he gave them encouragement or counsel, or even paid for their drinks." Id., at 37. Thus Cramer's conviction was based on 'guilt by association', not evidence he was involved in a conspiracy against the United States. The Court's ruling stated that it needed to affirm the constitutionally required standard of proof, even during wartime, because: "He that would make his own liberty secure must guard even his enemy from oppression, for, if he violates this duty, he establishes a precedent that will reach himself." Id. at, 48."
Conviction Caused By:
Innocence Proved By:	"On April 23, 1945, by a majority 5 to 4 vote, the U.S. Supreme Court reversed Cramer's conviction on the basis the prosecution failed to introduce sufficient evidence to prove Cramer committed an overt act against the United States, which is an essential element to establish treason."
Defendant Aided By:
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Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Cramer v. United States, 325 U.S. 1 (1945) (Reversing conviction based on insufficient evidence.)"
Information Location 1:	https://supreme.justia.com/cases/federal/us/325/1/case.html
Information Source 2:	"United States v. Cramer, 137 F.2d 888 (2d Cir. 1943) (Affirming conviction)"
Information Location 2:	http://law.justia.com/cases/federal/appellate-courts/F2/137/888/1484338/
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Anthony Cramer

Charge:

Treason

Sentence:

"45 years and $10,000 fine"

Years Imprisoned:

2.83

Year Crime:

1942

Year Convicted:

1943

Year Cleared:

1945

U.S. State or Country of Crime:

New York - Federal Case

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On April 23, 1945, by a majority 5 to 4 vote, the U.S. Supreme Court reversed Cramer's conviction on the basis the prosecution failed to introduce sufficient evidence to prove Cramer committed an overt act against the United States, which is an essential element to establish treason."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Cramer v. United States, 325 U.S. 1 (1945) (Reversing conviction based on insufficient evidence.)"

Information Location 1:

https://supreme.justia.com/cases/federal/us/325/1/case.html

Information Source 2:

"United States v. Cramer, 137 F.2d 888 (2d Cir. 1943) (Affirming conviction)"

Information Location 2:

http://law.justia.com/cases/federal/appellate-courts/F2/137/888/1484338/

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