Was Lee Harvey Oswald Innocent? Examining the Evidence
This essay evaluates the legal case against Lee Harvey Oswald for the assassination of President John F. Kennedy on November 22, 1963. Applying the foundational principle of presumed innocence, the paper scrutinizes the evidence presented by Dallas District Attorney Henry Wade at a press conference following Oswald's murder, including disputed palm prints, paraffin test results, inconsistencies in identifying the murder weapon, and unreliable witness testimony. The essay also analyzes whether Oswald, rated a mediocre marksman, could physically have fired the shots attributed to him using a bolt-action Carcano carbine within the time frame established by the Warren Commission. The paper concludes that substantial reasonable doubt existed and that Oswald might well have been acquitted had he lived to stand trial.
- Introduction: The Unanswered Question: Kennedy assassination context and central legal question
- Innocent Until Proven Guilty: Presumption of innocence as evaluative framework
- The Evidence Presented by the Prosecution: Wade press conference claims examined point by point
- Inconsistencies in the Physical Evidence: Pattern of contradictions across prosecution evidence
- Oswald's Rifle Capability: Feasibility of Oswald firing the shots
- Conclusion: Reasonable Doubt and a Trial That Never Was: Verdict on guilt and ACLU assessment cited
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What makes this paper effective
- The paper anchors its entire argument in a concrete legal standard — guilt "beyond a shadow of doubt" — and consistently returns to that standard when evaluating each piece of evidence, giving the essay a disciplined, unified focus.
- It dismantles prosecution evidence point by point rather than making sweeping counter-claims, which lends the argument credibility and mimics the logical structure of a defense brief.
- The use of the Warren Commission's own data on firing times and distances to undermine the case against Oswald is especially effective, turning the official record against the official conclusion.
Key academic technique demonstrated
The paper demonstrates refutation through source analysis — it accepts the prosecution's stated evidence at face value, then shows internal contradictions (e.g., Wade changing the murder weapon from a "German Mouser" to an Italian Carcano, the FBI contradicting Wade's claim about palm prints). This technique is stronger than simply asserting innocence because it uses the opposing side's own statements to establish doubt.
Structure breakdown
The essay opens with a brief narrative introduction establishing historical context and a central question. It then states its evaluative framework (presumed innocence), proceeds through a systematic item-by-item critique of the prosecution's evidence, adds a separate section on physical feasibility of the shooting, and closes with a conclusion citing the ACLU's assessment. The structure follows a classic legal-argument pattern: state the standard, test the evidence, render a verdict.
Introduction: The Unanswered Question
President John F. Kennedy was assassinated in Dallas, Texas, at 12:30 PM on November 22, 1963. Within ninety minutes of the killing, a twenty-four-year-old former marine and alleged Communist was arrested by the Dallas police from a local movie theater and charged with the killing of a Dallas police officer and the President. Just two days later, on the morning of Sunday, November 24, Oswald was shot and killed in the basement of the Dallas police headquarters by Jack Ruby, a local nightclub owner.
As Oswald never confessed to the murder during the brief period of his custody — and was killed before his trial — many questions about Kennedy's assassination still remain unanswered. It is worth noting that Oswald insisted on his innocence throughout, declaring he would prove it when brought to trial. He persisted in his denial despite being questioned for forty-eight hours without the benefit of counsel, and he even refused to admit to the killing as he lay dying. The key question this essay attempts to answer is: would Lee Harvey Oswald have been found guilty in a fair trial had he lived?
Innocent Until Proven Guilty
Before examining the evidence against Oswald, one must remember the foundational principle of the American justice system: an accused is presumed innocent until proven guilty beyond a reasonable doubt. Rather than cataloguing the numerous conspiracy theories that have been written and debated about Oswald and the President's assassination, this essay examines the evidence available against Oswald and considers whether it proves his guilt "beyond a shadow of doubt."
Works Cited
Lane, Mark. "Oswald Innocent? A Lawyer's Brief." A Guardian Special. Nov. 22, 1963.
Roffman, Howard. Presumed Guilty. Chapter 9: Oswald's Rifle Capability. A.S. Barnes and Co., Inc., 1976.
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