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American History Hotline

When Murder Was Legal …ish

12 Nov 2025

Description

In 1859, Congressman Daniel Sickles murdered Philip Barton Key (son of the man who wrote The Star-Spangled Banner) in a fit of jealous rage just steps from the White House. The resulting trial became America’s first true media circus, and gave rise to the “crime of passion” defense. In short, it basically became legal to kill a man for sleeping with your wife. While this wasn't technically a law, it was the "Unwritten Law" for way longer than you might think.  Chris DeRose, author of Star Spangled Scandal: Sex, Murder, and the Trial that Changed America, joins Bob to talk about how this legal defense played out in America.  GUEST: Chris DeRose, author of Star Spangled Scandal: Sex, Murder, and the Trial that Changed AmericaSee omnystudio.com/listener for privacy information.

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