Fair enough, though it is essential to remember that the problems with lynching are not just that the court system is not used. There have been many lynchings that occurred after the trial and a guilty verdict (for example, the infamous lynching of Jesse Washington, where he was dragged from the courtroom immediately after being sentenced to death.)

Of course trials at that time and place were anything but fair, but we don't generally refer to those state-run executions as lynchings (perhaps we should).