In Montana 1948, David's family sees Native Americans as almost less than human, and therefor deserving of less respect, and certainly less justice when an atrocious act is carried out upon one of them. They can then justify what Frank has done because it was done to someone they considered to be sub-human, almost as if the act had been committed against a dog.
In To Kill a Mockingbird, the community turns against Tom long before the trial begins, based purely upon the pigment in his skin and deeply rooted preconceived notions of how African Americans act. Even though Tom was a well-respected person of color up until the false accusations of rape were made, his own personal morality is questioned because of the extreme prejudice against all people of color, and he is simply swept away in the pull of the tide of bigotry to his ultimate demise.
In Montana 1948 prejudice plays a major role in Wesley's decision to punish Frank for his wrongdoing. Frank's position of privilege in the community has shielded him from the natural consequences of his criminal activities. David's family sees the Native Americans in their community as lower in legal stature than white people; what Frank has done is not a crime in their opinion since it happened to an Indian woman.
The official all-white jury in To Kill a Mockingbird finds Tom guilty although Atticus has proven him innocent of rape. After being wrongfully jailed, Tom is shot to death attempting to escape from prison. For all Atticus tried to do, he could not save Tom from the prejudice of a racist segment of his town. Their actions and perceived threats led to Tom's demise.
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