text:
The Social History of Crime and Punishment in America: An Encylopedia
Edited by: Wilbur R. Miller
- Publisher: SAGE Publications, Inc. |
- Publication Year: 2012 |
- Online Publication Date: September 6, 2012 |
- DOI: http://dx.doi.org/10.4135/9781452218427 |
- Print ISBN: 9781412988766 |
- Online ISBN: 9781452218427 |
- Print Purchase Options
View Hide Publication Details
- Publisher: SAGE Publications, Inc. |
- Pub. Year: 2012 |
- Online Pub. Date: September 6, 2012 |
- Print ISBN: 9781412988766 |
- Online ISBN: 9781452218427 |
- Print Purchase Options
Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia will: explicate philosophical foundations underpinning our system of justice; chart changing patterns in criminal activity and subsequent effects on legal responses; identify major periods in the development of our system of criminal justice; and explore evolving debates ...
- Reader's Guide
- Entries A-Z
- Subject Index
- Biographies
- Courts, Corrections, Punishments
- Crime and Punishment in Media
- Crimes in America
- Criminals
- Documents and Acts Shaping the American System of Criminal Justice
- Historical Cities in Crime and Punishment
- History of Crime and Punishment by State
- History of the American Criminal Justice System
- Juvenile Crime and Justice
- Most Dangerous Cities
- Organizations and Commissions
- Police and Law Enforcement
- Presidential Administrations and Crime and Punishment
- Socioeconomic, Political, and Religious Issues
- State and Federal Court Cases
- Loading...
List of Articles[Page vii]
- . See
- . See
- . See
- . See
- . See
Reader's Guide[Page xvii]
- Arpaio, Joseph M.
- Augustus, John
- Beaumont, Gustave de
- Blackstone, William
- Brennan, William J., Jr.
- Brockway, Zebulon
- Burger, Warren
- Bush, George H. W. (Administration of)
- Bush, George W. (Administration of)
- Byrnes, Thomas
- Cummings, Homer
- Darrow, Clarence
- Devery, William
- Dewey, Thomas E.
- Douglas, William O.
- Garfield, James
- Giuliani, Rudolph
- Hamilton, Alexander
- Holmes, Oliver Wendell, Jr.
- Hoover, J. Edgar
- Jefferson, Thomas
- Kennedy, Robert F.
- King, Martin Luther, Jr.
- Kunstler, William
- La Guardia, Fiorello
- Leopold and Loeb
- Livingston, Edward
- Marshall, John
- McCarthy, Joseph
- Ness, Eliot
- Paine, Thomas
- Parker, William
- Penn, William
- Percival, Robert V.
- Ragen, Joseph
- Rockefeller, Nelson
- Roosevelt, Theodore (Administration of)
- Snyder, Ruth
- Steenburgh, Sam
- Sutherland, Edwin
- Thaw, Harry K.
- Thoreau, Henry David
- Tocqueville, Alexis de
- Vollmer, August
- Walling, George
- Warren, Earl
- Wickersham, George
- Wilson, James Q.
- Wilson, O. W.
- Zeisel, Hans
Courts, Corrections, Punishments
- Adversarial Justice
- Alcatraz Island Prison
- American Law Institute
- Antitrust Law
- Appeals
- Appellate Courts
- Attica [Page xviii]
- Bail and Bond
- Bedford Hills Correctional Facility
- Capital Punishment
- Chain Gangs and Prison Labor
- Chillicothe Correctional Institution
- Citizen Participation on Juries
- Civil Rights Laws
- Clemency
- Clinton Correctional Facility
- Codification of Laws
- Colonial Courts
- Common Law Origins of Criminal Law
- Community Service
- Comstock Law
- Confession
- Convict Lease System
- Corporal Punishment
- Corrections
- Courts
- Critical Legal Studies Movement
- Cruel and Unusual Punishment
- Death Row
- Defendant's Rights
- Deportation
- Deterrence, Theory of
- Discretionary Decision Making
- District Attorney
- Due Process
- Eastern State Penitentiary
- Electric Chair, History of
- Electronic Surveillance
- Elmira Prison
- Executions
- Famous Trials
- Federal Prisons
- Fingerprinting
- Fish and Game Laws
- Fornication Laws
- Gender and Criminal Law
- Habeas Corpus, Writ of
- Hanging
- Judges and Magistrates
- Juries
- Jurisdiction
- Justice, Department of
- Leavenworth Federal Penitentiary
- Legal Counsel
- Matteawan State Hospital
- Military Courts
- "New Punitiveness"
- Parole
- Penitentiaries
- Petty Courts
- Plea
- Prison Privatization
- Prison Riots
- Prisoner's Rights
- Probation
- Punishment Within Prison
- Race, Class, and Criminal Law
- Reform Movements in Justice
- Rehabilitation
- Rule of Law
- San Quentin State Prison
- Segregation Laws
- Sentencing
- Sentencing: Indeterminate Versus Fixed
- Sex Offender Laws
- Shaming and Shunning
- Sing Sing Correctional Facility
- Slavery, Law of
- Supreme Court, U.S.
- Suspect's Rights
- Torture
- Trials
- Victim Rights and Restitution
- Witness Testimony
- Women in Prison
Crime and Punishment in Media
- An American Tragedy
- Autobiographies, Criminals'
- Buntline, Ned
- Christie, Agatha
- Dime Novels, Pulps, Thrillers
- Film, Crime in
- Film, Police in
- Film, Punishment in
- Grafton, Sue
- Green, Anna K.
- Hammett, Dashiell
- Hillerman, Tony
- Literature and Theater, Crime in
- Literature and Theater, Police in
- Literature and Theater, Punishment in
- Memoirs, Police and Prosecutors
- Music and Crime [Page xix]
- News Media, Crime in
- News Media, Police in
- News Media, Punishment in
- Paretzky, Sara
- Poe, Edgar Allen
- Spillane, Mickey
- Television, Crime in
- Television, Police in
- Television, Punishment in
- To Kill a Mockingbird
- Wambaugh, Joseph
Crimes in America
- Abortion
- Adultery
- Bigamy/Polygamy
- Blood Sports
- Bootlegging
- Burglary, Contemporary
- Burglary, History of
- Burglary, Sociology of
- Computer Crime
- Confidence Games and Frauds
- Corruption, Contemporary
- Corruption, History of
- Corruption, Sociology of
- Counterfeiting
- Crime and Arrest Statistics Analysis
- Crime in America, Causes
- Crime in America, Distribution
- Crime in America, Types
- Crime Rates
- Criminology
- Domestic Violence, Contemporary
- Domestic Violence, History of
- Domestic Violence, Sociology of
- Drinking and Crime
- Drug Abuse and Addiction, Contemporary
- Drug Abuse and Addiction, History of
- Drug Abuse and Addiction, Sociology of
- Embezzlement
- Environmental Crimes
- Espionage
- Felonies
- Fornication Laws
- Fraud
- Frontier Crime
- Gambling
- Gangs, Contemporary
- Gangs, History of
- Gangs, Sociology of
- Guns and Violent Crime
- Hereditary Crime
- Identity Theft
- Immigration Crimes
- Incest
- Indecent Exposure
- Infanticide
- Kidnapping
- Larceny
- Livestock and Cattle Crimes
- Lynchings
- Moonshine
- Murder, Contemporary
- Murder, History of
- Murder, Sociology of
- Murders, Unsolved
- Obscenity
- Organized Crime, Contemporary
- Organized Crime, History of
- Organized Crime, Sociology of
- Pickpockets
- Political Crimes, Contemporary
- Political Crimes, History of
- Political Crimes, Sociology of
- Pornography
- Prostitution, Contemporary
- Prostitution, History of
- Prostitution, Sociology of
- Race-Based Crimes
- Rape, Contemporary
- Rape, History of
- Rape, Sociology of
- Religion and Crime, Contemporary
- Religion and Crime, History of
- Religion and Crime, Sociology of
- Riots
- Robbery, Contemporary
- Robbery, History of
- Robbery, Sociology of
- Serial and Mass Killers
- Sex Offenders
- Sexual Harassment
- Smuggling
- Sodomy
- Tax Crimes
- Terrorism [Page xx]
- Theories of Crime
- Traffic Crimes
- Vagrancy
- Victimless Crime
- Violent Crimes
- White-Collar Crime, Contemporary
- White-Collar Crime, History of
- White-Collar Crime, Sociology of
- Women Criminals, Contemporary
- Women Criminals, History of
- Women Criminals, Sociology of
- Anarchists
- Bakker, Jim
- Berkowitz, David
- Billy the Kid
- Bodine, Polly
- Boles, Charles
- Bonnie and Clyde
- Booth, John Wilkes
- Borden, Lizzie
- Brocius, William
- Bundy, Ted
- Capone, Al
- Chapman, Mark David
- Cunningham, Emma
- Czolgosz, Leon
- Dahmer, Jeffrey
- DeSalvo, Albert
- Dillinger, John
- Everleigh Sisters
- Ferguson, Colin
- Floyd, Charles Arthur
- Gacy, John Wayne
- Genovese, Vito
- Gotti, John
- Guiteau, Charles
- Hauptmann, Bruno
- James, Jesse
- Kaczynski, Ted
- Kevorkian, Jack
- Klebold, Dylan, and Eric Harris
- Leopold and Loeb
- Luciano, "Lucky"
- Manson, Charles
- McVeigh, Timonthy
- Menendez, Lyle and Erik
- Mudgett, Herman
- Muhammad, John Allen
- Nelson, "Baby Face"
- Nitti, Frank
- Oswald, Lee Harvey
- Peterson, Scott
- Rader, Dennis
- Ramirez, Richard
- Ray, James Earl
- Rothstein, Arnold
- Sacco and Vanzetti
- Schultz, "Dutch"
- Sheppard, Sam
- Simpson, O. J.
- Sirhan Sirhan
- Smith, Susan
- Torrio, John
- Wuornos, Aileen
- Yates, Andrea
- Zodiac Killer
Documents and Acts Shaping the American System of Criminal Justice
- Alien and Sedition Acts of 1798
- Anti-Federalist Papers
- Articles of Confederation
- Aviation and Transportation Security
- Act of 2001
- Bail Reform Act
- Bible
- Bill of Rights
- Bodie of Liberties
- Book of the General Lawes & Libertyes
- Chinese Exclusion Act of 1882
- Civil Rights Act of 1866
- Civil Rights Act of 1875
- Clayton Anti-Trust Act of 1914
- Colonial Charters and Grants
- Constitution of the United States of America
- Crimes Act
- Declaration of Independence
- Dyer Act
- Elkins Act of 1903
- Emergency Quota Act of 1921
- Enforcement Acts of 1870–1871
- English Charter of Liberties of 1100
- Espionage Act of 1917
- Ethics in Government Act of 1978
- Federalist Papers
- Federal Rules of Criminal Procedure
- Freedom of Information Act of 1966
- Fugitive Slave Act of 1793 [Page xxi]
- Fugitive Slave Act of 1850
- Habeas Corpus Act of 1679
- Habeas Corpus Act of 1863
- Harrison Act of 1914
- Homestead Act of 1862
- Independent Treasury Act
- Indian Civil Rights Act
- Indian Removal Act
- Internal Security Act of 1950
- Interstate Commerce Act of 1887
- Intolerable Acts of 1774
- Judiciary Act of 1789
- Landrum-Griffin Act of 1859
- Law Enforcement Assistance Act
- Laws and Liberties of Massachusetts
- Lindbergh Law
- Magna Carta
- Mann Act
- Maryland Toleration Act of 1649
- Mayflower Compact
- National Security Act of 1947
- Northwest Ordinance of 1787
- Omnibus Crime Control and Safe Streets Act of 1968
- Pendleton Act of 1883
- Presidential Proclamations
- Proclamation for Suppressing Rebellion and Sedition of 1775
- Pure Food and Drug Act of 1906
- Reports on Prison Conditions
- Sedition Act of 1918
- Selective Service Act of 1967
- Sherman Anti-Trust Act of 1890
- Smith Act
- Stamp Act of 1765
- State Blue Laws
- State Slave Codes
- Tea Act of 1773
- Townshend Acts of 1767
- USA PATRIOT Act of 2001
- Vice Commission
- Violence Against Women Act of 1994
- Volstead Act
Historical Cities in Crime and Punishment
- Boston, Massachussetts
- Chicago, Illinois
- Las Vegas, Nevada
- Los Angeles, California
- Miami, Florida
- New York City
- Newark, New Jersey
- Pittsburgh, Pennsylvania
- San Francisco, California
History of Crime and Punishment by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawai'i
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah [Page xxii]
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
History of the American Criminal Justice System
- American Revolution and Criminal Justice
- Court of Common Pleas
- Court of Oyer and Terminer
- Court of Quarter Sessions
- Courts of Indian Offenses
- Coverture, doctrine of
- Equality, Concept of
- Great Depression
- History of Crime and Punishment in America: Colonial
- History of Crime and Punishment in America: 1783–1850
- History of Crime and Punishment in America: 1850–1900
- History of Crime and Punishment in America: 1900–1950
- History of Crime and Punishment in America: 1950–1970
- History of Crime and Punishment in America: 1970-Present
- Homeland Security
- Prohibition
- Puritans
- Salem Witch Trials
- Victorian Compromise
Juvenile Crime and Justice
- Child Abuse, Contemporary
- Child Abuse, History of
- Child Abuse, Sociology of
- Child Murderers, History of
- Children, Abandoned
- Children's Rights
- Convention on Rights of the Child
- Juvenile Corrections, Contemporary
- Juvenile Corrections, History of
- Juvenile Corrections, Sociology of
- Juvenile Courts, Contemporary
- Juvenile Courts, History of
- Juvenile Delinquency, History of
- Juvenile Delinquency, Sociology of
- Juvenile Justice, History of
- Juvenile Offenders, Prevention and Education
- Juvenile Offenders in Adult Courts
- School Shootings
- Lindsey, Ben
Most Dangerous Cities
- Atlanta, Georgia
- Baltimore, Maryland
- Birmingham, Alabama
- Camden, New Jersey
- Cincinnati, Ohio
- Cleveland, Ohio
- Compton, California
- Dayton, Ohio
- Detroit, Michigan
- Jackson, Mississippi
- Kansas City, Missouri
- Memphis, Tennessee
- New Orleans, Louisiana
- Oakland, California
- St. Louis, Missouri
- Washington, D.C.
Organizations and Commissions
- American Bar Association
- American Civil Liberties Union
- International Association of
- Chiefs of Police
- Knapp Commission
- Ku Klux Klan
- Law Enforcement Assistance Administration
- Lawyers Guild
- National Association for the Advancement of Colored People
- National Commission on Law Observance and Enforcement
- National Congress on Penitentiary and Reformatory Discipline
- National Organization for Women
- National Prison Association
- Penitentiary Study Commission
- President's Commission on Law Enforcement and the Administration of Justice
- Securities and Exchange Commission
- Students for a Democratic Society and the Weathermen
- Wickersham Commission
Police and Law Enforcement
- [Page xxiii]
- Automobile and the Police
- Ballistics
- Bertillon System
- Border Patrol
- Bounty Hunters
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- Code of Silence
- Community Policing and Relations
- Corruption, Contemporary
- Corruption, History of
- Corruption, Sociology of
- Crime Prevention
- Crime Scene Investigation
- Customs Service as Police
- Detection and Detectives
- Drug Enforcement Administration
- Federal Bureau of Investigation
- Federal Policing
- Forensic Science
- Incapacitation, Theory of
- Internal Revenue Service
- Interrogation Practices
- Military Police
- Miranda v. Arizona
- M'Naghten Test
- Mug Shots
- Narcotics Laws
- National Police Gazette
- Native American Tribal Police
- Police, Women as
- Police Abuse
- Political Policing
- Posses
- Private Detectives
- Private Police
- Private Security Services
- Professionalization of Police
- Reform, Police and Enforcement
- Rural Police
- Secret Service
- Sheriffs
- State Police
- Strikes
- Technology, Police
- Texas Rangers
- Training Police
- Uniform Crime Reporting Program
- Vice Reformers
- Vigilantism
Presidential Administrations and Crime and Punishment
- Adams, John (Administration of)
- Adams, John Quincy (Administration of)
- Arthur, Chester (Administration of)
- Buchanan, James (Administration of)
- Buren, Martin Van (Administration of)
- Bush, George H. W. (Administration of)
- Bush, George W. (Administration of)
- Carter, Jimmy (Administration of)
- Cleveland, Grover (Administration of)
- Clinton, William (Administration of)
- Coolidge, Calvin (Administration of)
- Eisenhower, Dwight D. (Administration of)
- Fillmore, Millard (Administration of)
- Ford, Gerald (Administration of)
- Grant, Ulysses S. (Administration of)
- Harding, Warren G. (Administration of)
- Harrison, Benjamin (Administration of)
- Hayes, Rutherford B. (Administration of)
- Hoover, Herbert (Administration of)
- Jackson, Andrew (Administration of)
- Jefferson, Thomas (Administration of)
- Johnson, Andrew (Administration of)
- Johnson, Lyndon B. Administration of
- Kennedy, John F. (Administration of)
- Lincoln, Abraham (Administration of)
- Madison, James (Administration of)
- McKinley, William (Administration of)
- Monroe, James (Administration of)
- Nixon, Richard (Administration of)
- Obama, Barack (Administration of)
- Pierce, Franklin (Administration of)
- Polk, James K. (Administration of)
- Reagan, Ronald (Administration of)
- Roosevelt, Franklin D. (Administration of)
- Roosevelt, Theodore (Administration of)
- Taft, William Howard (Administration of)
- Taylor, Zachary (Administration of)
- Truman, Harry S. (Administration of)
- Tyler, John (Administration of)
- Washington, George (Administration of)
- Wilson, Woodrow (Administration of)
Socioeconomic, Political, and Religious Issues
- African Americans
- Chinese Americans [Page xxiv]
- Civil Disobedience
- Civil Rights Laws
- Codification of Laws
- Criminalization and Decriminalization
- Fear of Crime
- Gun Control
- Hispanic Americans
- Insanity Defense
- Irish Americans
- Italian Americans
- Japanese Americans
- Jewish Americans
- Libertarianism
- Morality
- Native Americans
- Obscenity Laws
- Political Dissidents
- Quakers
- Racism
- Sin
- Slavery
- Urbanization
- Xenophobia
State and Federal Court Cases
- Ableman v. Booth
- Abrams v. United States
- Adair v. United States
- Barron v. Mayor of Baltimore
- Bowers v. Hardwick
- Brandenburg v. Ohio
- Brown v. Board of Education
- Brown v. Mississippi
- Buck v. Bell
- Caminetti v. United States
- Chandler v. Florida
- Chisholm v. Georgia
- Cohens v. Virginia
- Coker v. Georgia
- Crabtree v. State
- Davis v. State
- Dennis v. United States
- Dillard v. the State of Georgia
- Dred Scott v. Sandford
- Duren v. Missouri
- Eisenstadt v. Baird
- Estes v. Texas
- Fletcher v. Peck
- Frontiero v. Richardson
- Furman v. Georgia
- Gates v. Collier
- Gibbons v. Ogden
- Gideon v. Wainwright
- Glidewell v. State
- Gregg v. Georgia
- Griffin v. California
- Griswold v. Connecticut
- Grutter v. Bollinger
- Holden v. Hardy
- Holt v. Sarver
- Hurtado v. California
- Johnson v. Avery
- Korematsu v. United States
- Lochner v. New York
- Loving v. Virginia
- Mapp v. Ohio
- Marbury v. Madison
- Martin v. Hunter's Lessee
- McCleskey v. Kemp
- McCulloch v. Maryland
- McNabb v. United States
- Minor v. Happersett
- Miranda v. Arizona
- Mississippi v. Johnson
- Muller v. Oregon
- Munn v. Illinois
- Olmstead v. United States
- Padilla v. Kentucky
- People v. Pinnell
- People v. Superior Court of Santa Clara County
- Plessy v. Ferguson
- Procunier v. Martinez
- Reynolds v. United States
- Ricci v. DeStefano
- Roberts v. Louisiana
- Roe v. Wade
- Romer v. Evans
- Roth v. United States
- Santobello v. New York
- Schenck v. United States
- Sheppard v. Maxwell
- Standard Oil Co. of New Jersey v. United States
- State v. Heitman
- Strauder v. West Virginia
- Taylor v. State
- Terry v. Ohio
- Texas v. White
- Twining v. New Jersey
- United States v. Ballard
- United States v. E. C. Knight Company [Page xxv]
- United States v. Hudson and Goodwin
- United States v. Nixon
- United States v. One Book Called Ulysses
- Webb v. United States
- Weeks v. United States
- Whitney v. California
- Wolf v. Colorado
- Yates v. United States
About the Editor[Page xxvi]
Wilbur R. Miller is professor of history at the State University of New York at Stony Brook, where he has taught for 36 years. His interest in police history developed while he was an undergraduate at the University of California, Berkeley, during the Free Speech Movement years. He completed his dissertation at Columbia University, a comparison of the New York and London police 1830–1870. This became his first book, Cops and Bobbies. He then developed an interest in the post-Civil War reconstruction of the south, which in the face of determined southern resistance became a national policing problem. He soon learned that this topic was well covered, but realized that federal policing in the 19th century was a new realm of investigation.
Research led him to federal efforts to suppress moonshining in the mountain south in the later 19th century, a subject that had not been treated by historians in any depth. Revenuers and Moonshiners, his second book, was a result of this work. Since then he has been occupied with several administrative positions: department chair, adviser to the university's multidisciplinary program and faculty director of the Honors College. He is currently undergraduate program director.
During this period he has been developing an interest in the interdependence of public policing with private policing, the extent to which the state has openly or tacitly supported various private police and corrections, including vigilantes, antivice and antiradical groups, private detective agencies, and the more recent development of private security services and prisons. Miller has been developing this theme in papers presented at the Social Science History Association and European Social Science History Conference.
List of Contributors[Page xxvii]
- Charles Frederick Abel
- Stephen F. Austin State University
- John Felipe Acevedo
- University of Chicago
- Janet Adamski
- University of Mary Hardin-Baylor
- Mariah Adin
- State University of New York, Albany
- Jeffrey S. Adler
- University of Florida
- Celestina D. Agyekum
- Knox College
- Michael A. Arntfield
- University of Western Ontario
- Elyshia D. Aseltine
- Lycoming College
- Nahel N. Asfour
- University of Vienna
- Nick C. Athey
- Simon Fraser University
- Ben Atkins
- Sam Houston State University
- Mary Welek Atwell
- Radford University
- Annessa A. Babic
- New York Institute of Technology
- Frankie Y. Bailey
- State University of New York, Albany
- Thomas E. Baker
- University of Scranton
- Kyle Barbieri
- Georgia Perimeter College
- John H. Barnhill
- Independent Scholar
- Kathleen Barrett
- Georgia State University
- Andrew Battle
- City University of New York Graduate Center
- Marcel F. Beausoleil
- Fitchburg State University
- Diana L. Beck
- Knox College
- Tiffany Bergin
- University of Cambridge
- Matthew H. Birkhold
- Princeton University, Columbia Law School
- Nicola Davis Bivens
- Johnson C. Smith University
- William D. Blake
- University of Texas
- Curtis R. Blakely
- Truman State University
- Anita Bledsoe-Gardner
- Johnson C. Smith University
- Ethan Blue
- University of Western Australia
- Eric Blumenson
- Suffolk University Law School
- Sarah Boslaugh
- Kennesaw State University
- J. Michael Botts
- Belmont Abbey College
- Tina Fernandes Botts
- University of North Carolina, Charlotte
- Suzanne Bouclin
- University of Ottawa
- Samuel Brier
- Macalester College
- Avi Brisman
- Emory University
- Allen J. Brown
- Anna Maria College
- Thomas F. Brown
- Virginia Wesleyan College
- Kyle A. Burgason
- University of Arkansas at Little Rock
- Michael Bush
- Northern Kentucky University
- Christopher M. Campbell
- Washington State University
- Jennifer D. Carlson
- University of California, Berkeley
- Simone M. Caron
- Wake Forest University
- Gabriel T. Cesar
- Arizona State University
- John Martyn Chamberlain
- Loughborough University
- Jacqueline Chavez
- Mississippi State University
- Felix O. Chima
- Prairie View A & M University
- Kimberly Chism
- Sam Houston State University
- Tracey-Lynn Clough
- University of Texas at Arlington
- Nigel J. Cohen
- Independent Scholar
- Amy N. Cole
- Washington State University
- Todd A. Collins
- Western Carolina University
- Frank J. Colucci
- Purdue University Calumet
- Sarah Combellick-Bidney
- Augsburg College
- Hopi Costello
- Davis Polk & Wardwell LLP
- Allison M. Cotton
- Metropolitan State College of Denver
- Amanda K. Cox
- Pennsylvania State University, Altoona
- Gordon A. Crews
- Marshall University
- Cale T. Dahm
- Knox College
- John Kelly Damico
- Georgia Perimeter College
- Jacob Day
- Washington State University
- Scott H. Decker
- Arizona State University
- Antje Deckert
- AUT University
- James I. Deutsch
- Smithsonian Institution
- Daniel C. Dillard
- Florida State University
- Christopher M. Donner
- University of South Florida
- Amy S. Eggers
- University of South Florida
- Helen Eigenberg
- University of Tennesse, Chattanooga
- JoAnna Elmquist
- Butler Hospital and Brown University
- Leslie Elrod
- University of Cincinnati
- Theodore W. Eversole
- Independent Scholar
- Katie A. Farina
- University of Delaware
- Cary Federman
- Montclair State University
- Melissa E. Fenwick
- Western Connecticut State University
- Marianne Fisher-Giorlando
- Grambling State University
- Robert W. Fleet
- University of Auckland
- Jonathan R. Fletcher
- Knox College
- Caroline Forsythe
- Truman State University
- John F. Fox, Jr.
- Federal Bureau of Investigation
- Henrgy F. Fradella
- California State University, Long Beach
- Teresa I. Francis
- Central Washington University
- Theodore O. Francis
- Independent Scholar
- George R. Franks, Jr.
- Stephen F. Austin State University
- Brian Frederick
- California State University, Long Beach
- Jason Friedman
- Wasatch Academy
- Gennifer Furst
- William Paterson University
- Venessa Garcia
- Kean University
- Susan Garneau
- Loyola University Chicago
- Tony Gaskew
- University of Pittsburgh at Bradford
- James Geistman
- Ohio Northern University
- Tobias T. Gibson
- Westminster College
- Wendy Perkins Gilbert
- Urbana University
- Timothy J. Gilfoyle
- Loyola University Chicago
- Trangdai Glassey-Tranguyen
- Stanford University
- Daniel O. Gonshorek
- Knox College
- Victoria Gonzalez
- Rutgers University
- Laurie A. Gould
- Georgia Southern University
- IndiAna Gowland
- Macalester College
- Donna Cooper Graves
- University of Tennessee, Martin
- Edward Green
- Eastern Kentucky University
- Marie L. Griffin
- Arizona State University
- Jennifer N. Grimes
- Indiana State University
- Neil Guzy
- University of Pittsburgh at Greensburg
- Hans J. Hacker
- Arkansas State University
- Eric Ashley Hairston
- Elon University
- Nicholas A. Hall
- University of Pittsburgh at Greensburg
- Robin Annette Hanson
- St. Louis University
- Tina P. Hanson
- Jefferson College
- Katherine Harmer
- Lehigh University
- Steven H. Hatting
- University of St. Thomas
- Francis Frederick Hawley
- Western Carolina University
- Erica Rhodes Hayden
- Vanderbilt University
- M. Kristen Hefner
- University of Delaware
- Theresa S. Hefner-Babb
- Lamar University
- Jason A. Helfer
- Knox College
- Brandy B. Henderson
- University of South Florida
- Nicole Hendrix
- Radford University
- Robin C. Henry
- Wichita State University
- Armando Gustavo Hernandez
- Independent Scholar
- Rhys Hester
- University of South Carolina
- Sarah Higinbotham
- Georgia State University
- Patty Hill
- University of Arkansas at Little Rock
- Livia Holden
- Lahore University of
- Management Sciences
- Jason J. Hopkins
- University of California,
- Santa Barbara
- Julietta Hua
- San Francisco State University
- Jennifer L. Huck
- Indiana University of Pennsylvania
- Joshua Hyles
- Baylor University
- Scott Ingram
- High Point University
- Robin D. Jackson
- Sam Houston State University
- Charles F. Jacobs
- St. Norbert College
- Jennifer Lawrence Janofsky
- Villanova University
- Jason R. Jolicoeur
- Cincinnati State Technical and Community College
- William T. Jones
- State University of New York, Canton
- Jerry Joplin
- Guilford College
- Paul Kahan
- Montgomery County Community College
- Chad M. Kahl
- Illinois State University
- Thomas M. Kelley
- Wayne State University
- Euijeung Kim
- California State University, Sacramento
- Aaron J. Kivisto
- Massachusetts General Hospital
- Thomas Daniel Knight
- University of Texas—Pan American
- Helen J. Knowles
- Whitman College
- Jeffrey Kraus
- Wagner College
- Shane W. Kraus
- Bowling Green State University
- Joseph Kremer
- Washington State University
- Jonathan M. Kremser
- Kutztown University of Pennsylvania
- Bill Kte'pi
- Independent Scholar
- Francesca Laguardia
- New York University
- Joseph Lalli
- Macalester College
- Andrea G. Lange
- Washington College
- Gavin Lee
- University of Arkansas at Little Rock
- Keith Gregory Logan
- Kutztown University
- Lucien X. Lombardo
- Old Dominion University
- Kristina M. Lopez
- Texas State University
- Arthur J. Lurigio
- Loyola University Chicago
- Joan Luxenburg
- University of Central Oklahoma
- Paul A. Magro
- Ball State University
- Christian D. Mahone
- Knox College
- Liz Marie Marciniak
- University of Pittsburgh at Greensburg
- Susan Marcus-Mendoza
- University of Oklahoma
- Alison Marganski
- Virginia Wesleyan College
- Sanjay Marwah
- Guilford College
- Jon Maskaly
- University of South Florida
- M. Nathan Mason
- University of Nevada School of Medicine
- Evan M. Massey
- Knox College
- Jeremy Matuszak
- University of Nevada, Reno
- Melissa J. Mauck
- Sam Houston State University
- Michael Mazotti
- California State University, Sacramento
- Logan M. McBride
- City University of New York Graduate Center
- Heather McIntosh
- Boston College
- Jerome McKean
- Ball State University
- Robert J. Meadows
- California Lutheran University
- Allen Mendenhall
- Auburn University
- Kenneth W. Mentor
- University of North Carolina
- Cedric Michel
- University of South Florida
- Tiffany Middleton
- Independent Scholar
- Stephen Mihm
- University of Georgia
- Esmorie J. Miller
- Queen's University Belfast
- J. Mitchell Miller
- University of Texas, San Antonio
- Jennifer M. Miller
- University of Arkansas at Little Rock
- Vivien Miller
- University of Nottingham
- Wilbur R. Miller
- State University of New York, Stony Brook
- William J. Miller
- Southeast Missouri State University
- Todd Moore
- University of Tennessee, Knoxville
- Weston Morrow
- Arizona State University
- Alexander Moudrov
- Queens College, City University of New York
- Barry D. Mowell
- Broward College
- Lynn N. Mueller
- Knox College
- Roslyn Muraskin
- Long Island University
- Jennifer Murphy
- California State University, Sacramento
- Tony Murphy
- University of Westminster
- Stephen L. Muzzatti
- Ryerson University
- Jonathan Nash
- State University of New York, Albany
- Denise D. Nation
- Winston-Salem State University
- Jamal A. Nelson
- Knox College
- Samuel P. Newton
- Weber State University
- Andrew Ninnemann
- Butler Hospital and Brown University
- Christine A. Nix
- University of Mary Hardin-Baylor
- M. Elaine Nugent-Borakove
- Justice Management Institute
- Anne M. Nurse
- College of Wooster
- Patrick O'Brien
- University of Colorado Boulder
- Jules Odendahl-James
- Duke University
- James C. Oleson
- University of Auckland
- Mary Lou O'Neil
- Kadir Has University
- Timothy J. O'Neill
- Southwestern University
- Seong min Parks
- University of Tennessee at Chattanooga
- Matthew Pate
- State University of New York, Albany
- Justin Paulette
- Independent Scholar
- Lee W. Payne
- Stephen F. Austin State University
- Lynn Pazzani
- University of Arkansas at Little Rock
- Anthony Petrosino
- WestEd
- Mark N. Pettigrew
- University of Manchester
- Elizabeth Rae Pierson
- California State University, Sacramento
- Peter Constantine Pihos
- University of Pennsylvania
- Wm. C. Plouffe, Jr.
- Independent Scholar
- Sierra J. Powell
- University of California, Irvine
- Cindy Pressley
- Stephen F. Austin State University
- Karen S. Price
- Stephen F. Austin State University
- Luca Prono
- Independent Scholar
- Enrique S. Pumar
- Catholic University of America
- Michael J. Puniskis
- Middlesex University
- Elizabeth Rholetter Purdy
- Independent Scholar
- Michael J. Reed
- Mississippi State University
- Keramet Ann Reiter
- University of California, Berkeley
- Bradford W. Reyns
- Weber State University
- Kerry M. Richmond
- Lycoming College
- Eric Walter Rise
- University of Delaware
- Kathrin Ritter
- University of Tennessee, Knoxville
- Pierre M. Rivolta
- Sam Houston State University
- Gina M. Robertiello
- Felician College
- Augusta Rohrbach
- Washington State University
- Carl Root
- University of South Florida
- Jeffrey Ian Ross
- University of Baltimore
- Ashley T. Rubin
- University of California, Berkeley
- Janet Ruiz
- California State University, Long Beach
- Andrew Sargent
- West Chester University of Pennsylvania
- Robert A. Sarver, III
- University of South Carolina, Upstate
- Antoinette W. Satterfield
- U.S. Naval Academy
- Traci Schlesinger
- DePaul University
- Patrick Schmidt
- Macalester College
- Stephen T. Schroth
- Knox College
- Corina Schulze
- University of South Alabama
- David G. Schwartz
- University of Nevada, Las Vegas
- Jennifer Schwartz
- Washington State University
- Miriam D. Sealock
- Towson University
- Brian G. Sellers
- University of South Florida
- Rita Shah
- University of California, Irvine
- Derrick Shapley
- Mississippi State University
- Donn Short
- Robson Hall Law School
- Deborah A. Sibila
- Sam Houston State University
- Julie Ahmad Siddique
- City University of New York Graduate Center
- Dawinder "Dave" S. Sidhu
- University of Baltimore School of Law
- Marilyn Simon
- University of Cincinnati, Blue Ash
- Andrew Skotnicki
- Manhattan College
- Douglas M. Smith
- University of Texas, San Antonio
- Jesse M. Smith
- University of Colorado Boulder
- Marshall Smith
- University of Colorado Boulder
- Natalie J. Sokoloff
- John Jay College of Criminal Justice
- Peter Squires
- University of Brighton
- Amy Gilman Srebnick
- Montclair State University
- Carol A. Stabile
- University of Oregon
- Daniel Stageman
- John Jay College of Criminal Justice
- Rick M. Steinmann
- Southern Illinois University
- Victor B. Stolberg
- Essex County College
- Maya Strange
- University of Nevada, Reno
- Gregory L. Stuart
- University of Tennessee, Knoxville
- Megan Stubbendeck
- University of Virginia
- Jeanne Subjack
- Sam Houston State University
- Melinda Tasca
- Arizona State University
- Steven Tauber
- University of South Florida
- Josh Thompson
- Ball State University
- Matthew D. Thompson
- Old Dominion University
- Stephen E. Tillotson
- Indiana University
- Marcella Bush Trevino
- Barry University
- Mark Tunick
- Florida Atlantic University
- D. L. Turner
- Arizona State University
- Susan J. Tyburski
- Women's College of the University of Denver
- Mercedes Valadez
- Arizona State University
- Eric van der Vort
- Ball State University
- Michael S. Vaughn
- Sam Houston State University
- Samuel G. Vickovic
- California State University, Long Beach
- Carrie Wai
- California School of Professional Psychology
- John Walsh
- Shinawatra University
- Priscilla Warren
- Western Carolina University
- Andrew J. Waskey
- Dalton State College
- Robert W. Watkins
- Florida State University
- Travis F. Whalen
- Virginia Polytechnic Institute and State University
- Darren A. Wheeler
- Ball State University
- Mary Jo Wiatrak-Uhlenkott
- University of Minnesota
- Hettie V. Williams
- Monmouth University
- Meredith Conover Williams
- Washington State University
- Ryan K. Williams
- University of Illinois, Springfield
- Karie J. Wiltshire
- U.S. Department of Agriculture Forest Service
- David B. Wolcott
- Independent Scholar
- Kristina Wood
- California School of Professional Psychology
- William R. Wood
- University of Auckland
- Derek Worch
- Ball State University
- Kevin A. Wright
- Arizona State University
- Marvin Zalman
- Wayne State University
- Thomas Zawisza
- University of Arkansas at Little Rock
- Aharon W. Zorea
- University of Wisconsin, Richland
- Priscilla H. M. Zotti
- United States Naval Academy
Introduction[Page xxxv]
The history of crime and criminal justice is almost by definition social history. It is the history of social and antisocial behavior and social institutions. However, social history is not only a matter of content but also of method or approach to history. The tumult of the 1960s was the background for development of "new social history," which went beyond the old method of describing interesting social details to analyze social trends in institutions and behavior.
The history of crime and criminal justice was part of this trend, heightened by the Presidential Commission reports on "Law Enforcement and the Administration of Justice" (1965–69) and "The Causes and Prevention of Violence" (1968). This was also the era of the Warren Supreme Court decisions protecting the rights of criminal suspects, defendants, and prisoners. The 1960s and 1970s were a period when crime and punishment were central to political debates about the direction of American society. Popular, legal, sociological, and historical writers explored many facets of crime, policing, punishment, and legal developments.
In academia social history's earlier form was "social science history," the use of social science methods and theories to elucidate events and institutions of the past. This approach was the first to treat the history of crime and criminal justice beyond description and chronology. There had been popular histories of criminals like Herbert Asbury's The Gangs of New York (1929) or celebratory histories of individual police forces going back to the 19th century (e.g., Augustine E. Costello's Our Police Protectors, 1885, about the New York City police). A pair of early works that brought the comparative perspective to bear was Raymond Fosdick's European Police Systems (1913) and American Police Systems (1920), written from the viewpoint of a Progressive Era reformer.
The modern analytical approach to policing was pioneered by Roger Lane, Policing the City: Boston 1820–1865 (1967), and James D. Richardson, The New York Police: Colonial Times to 1900 (1975). In addition to police, prisons, reformers, and other aspects of the criminal justice system received new attention during an era marked by sharply increasing crime rates, ghetto riots, and scrutiny of the entire spectrum of crime and punishment.
Historians could draw from the work of sociologists and criminologists who had long been interested in the motivations of crime and the operations of police, judicial, and correctional institutions. Criminal motivation was probably the earliest area of sociological investigation, pioneered by Richard Dugdale's The Jukes in 1877 and H. V. Redfield's Homicide North and South in 1880. Beginning in the 1870s, the Italian "criminal anthropologist" [Page xxxvi]Cesare Lombroso's investigation of convicts' physical indications of criminality was very influential in the later 19th century, although later researchers rejected his views. The fields of criminology and penology developed in this period, usually emphasizing social reform (unfortunately, including eugenics). In the 1920s and 1930s appeared the first systematic sociological studies of street gangs, pioneered by Frederick Thrasher in 1927. By the 1970s, when social histories of criminal justice institutions appeared, deviance and social control were well-established fields in social science.
Social science history took two paths: the use of sociological theory to place institutional development in context (e.g., W. R. Miller's Cops and Bobbies, 1977) and quantitative social science methodology, pioneered by Eric Monkkonen's The Dangerous Class (1975). In both theoretical and quantitative studies social control was the leading conceptual argument, influencing histories of prisons (David Rothman, The Discovery of the Asylum, 1971), moral reform movements (Anthony Platt, The Child Savers, 1969), hospitals, and public education.History of the Inarticulate
Conceptual social science history was joined by another form of social history, a more empirical "history from the bottom up" or "history of the inarticulate." This approach, inspired by European historians E. P. Thompson and George Rude, encouraged historians to focus on criminals and ordinary people and their interactions with the criminal justice system. Although earlier work has often discussed responses of different groups of people to institutions, they were more focused on development of the institutions themselves.
Probably the first members of the underworld to attract attention were prostitutes (Ruth Rosen, The Lost Sisterhood, 1982). Drawing from and analyzing George Appo's autobiography, Timothy Gilfoyle traced this late-19th-century pickpocket's life and its meaning in A Pickpocket's Tale (2006). Allen Steinberg's The Transformation of Criminal Justice (1989) was an innovative study of how ordinary Philadelphians used local courts to resolve neighborhood disputes. People involved with institutions of criminal justice emerged from obscurity.
In the 1980s, cultural history, with its emphasis on interpretation of texts and the influence of French theorists, seemed on the way to dominating the study of American history generally. Michel Foucault's Discipline and Punish (first published in English in 1975) was a major influence in criminal justice history.
Focusing on prisons, Foucault used the change from corporal punishment to incarceration to argue that the whole society has become one in which the state can reach into all aspects of citizens' lives. Governmental power permeates all social activity, much of it indirect through self-policing of behavior. Historians have criticized Foucault as more a philosopher than an archival researcher. He tends to make power too far-reaching, not allowing for various forms of opposition, particularly passive resistance. Even before Americans embraced Foucault, social control theory was meeting similar criticisms.
Representations of crime and punishment were important in Foucault's work, and this aspect has encouraged many scholars to explore the social and cultural context of specific crimes. For example. there are Amy Gilman Srebnick (The Mysterious Death of Mary Rogers, 1995), Patricia Cline Cohen (The Murder of Helen Jewett, 1999), and Mary Ting Yi Lui (The Chinatown Trunk Mystery, 2005). These studies developed media representation of crime and criminal justice as an aspect of American culture, exploring not only the crime but its meanings to different groups.
The violent 1960s launched a long-continuing trend, the study of the history of homicide and other forms of violence. Historians have sought to answer the question of why the United States has the highest homicide rates in the Western world.Highest Homicide Rates
The academic response included a documentary collection compiled by Richard Hofstadter and Michael Wallace, American Violence (1970). More recent studies are Richard M. Brown's No Duty to Retreat: Violence and Values in American History and Society (1991) and Roger Lane's Murder in America: A History (1997). These studies were narrative histories interwoven with arguments about the meaning of events and trends.
Within the last decade the study of violence has developed as a marriage of quantitative analysis [Page xxxvii]and sociological argument. The old issue of the unreliability of crime statistics has been carefully addressed, as in Eric Monkkonen's Homicide in New York City (2001). Monkkonen, Andrew Roth, and others over many years compiled a violence database from scattered statistics. They have sought systematic methods to elucidate the causes of American murderous violence. This quantitiative approach reveals fluctuating rates, important regional differences, and some unsuspected aspects of American homicide, such as its ups and downs over the years but overall a decline until the 1960s and the familar further decline in the late 1990s.
In a recent discussion, Roth and Douglas Ekberg point out that declines in homicide may well be due to modern medical techniques, much more efficient at saving lives than in the past, as well as possible cultural shifts. An assault is now less likely to result in death than 150 years ago, or even 50 years ago, because of developments in traumatic wound treatment. Roth points to a correlation between national homicide rates and perceptions of government legitimacy: murders are up when legitimacy is down. The databases have allowed historians to see trends much more clearly and to develop arguments that reflect the data.
Explanations for American violence remain disputed, the main disagreement being between Roth and European historians who emphasize Norbert Elias's theory of "the civilizing process" defined by Stephen Mennell as "changes in people's ordinary behavior … [due] to the formation of states with relatively effective monopolies of violence and to changes in the balances of power between social groups within states."
In short, American homicide rates and violence generally remain higher than in Europe because of a number of physical, cultural, and ideological factors that have limited state power compared to Europe. Pieter Spierenburg, perhaps the leading champion of Elias, argues that in the United States democracy came before development of an effective state. In short, cultures of localism, small government, and gun toting developed in a context of a weak state whose authority continues to be contested not only by criminals but by respectable voters.
The social history of crime and criminal justice, inspired by the violence of an era of conflict in the 1960s, has continued to grow in our relatively less violent era. It has built on its earliest work to become a major contributor to understanding our nation's past and present.
The editors of The Social History of Crime and Punishment in America: An Encyclopedia have aimed for comprehensive coverage of the field from the colonial era to the present. Crime, policing, courts and law, imprisonment, theoretical and philosophical issues all have their place. Articles range from large conceptual approaches (e.g., "Murder, Sociology of") and thorough historical treatments (e.g., "Murder, History of") to smaller articles on individuals (police leaders, criminals, mystery writers, reformers, etc.) or specific crimes (e.g., the Lizzie Borden murder case).
Individual laws, official reports, calls for reform are among the documents important in history that are analyzed in articles. The role of media in representing crime and criminal justice receives full attention. Unique features are the history of crime and criminal justice in individual states (an area not fully researched for all states) and treatment of crime and criminal justice under different presidential administrations.
The fifth volume of the encyclopedia contains some 150 primary documents, along with introductory headnotes, and 10 chronological essays as background.
We seek a wide audience for The Social History of Crime and Punishment in America: An Encyclopedia. Historians, of course, and other social scientists, teachers at all levels developing courses, students writing papers, lawyers interested in famous cases and development of criminal law, and last but by no means least, the citizen seeking understanding of issues that have been of concern since the first colonists landed.Editor[Page xxxviii]
Chronology[Page xxxix]
1275: The Statute of Westminster in England regulates the legal procedure of bail, a matter that had previously been left to the discretion of local authorities.
1619: Slavery begins in the geographical region that will become the United States as 20 captive slaves are sold at Jamestown, Virginia.
1627: The English parliament passes the Petition of Right, which specifies that people cannot be imprisoned without hearing the charges against them and must be allowed bail.
1640: John Punch, an African American servant, becomes the first person in the American colonies documented to be sentenced to a life of servitude. He receives this sentence as punishment for running away from his employer.
1641: Massachusetts prohibits imprisonment of an accused person before sentencing, other than in capital cases or cases where the defendant had shown disrespect for the court, if the person could provide a guarantee that they would appear for trial.
1646: Massachusetts passes the first law in the American colonies banning gambling in public houses.
1652: Rhode Island passes a law forbidding a person from being enslaved for more than 10 years.
1662: Virginia establishes that the children of slave mothers are slaves even if their father was a free white man, based on the legal principle of partus sequitur ventrem.
1679: In England, the Habeas Corpus Act specifies that a person must be brought before a judge within a specified number of days following a receipt of habeas corpus and must be released on bail within a specified number of days if the offense is bailable.
1692: Nineteen men and women are put to death during the Salem witch trials.
1705: Virginia passes a series of laws, many of which were adopted by other slaveholding colonies, legislating that all African, mulatto, and Native American servants brought to Virginia were slaves who could be held in permanent bondage, used in commercial trade, punished for infractions, and had no legal standing in the courts.
1740: South Carolina passes a comprehensive Negro Act legalizing execution of rebellious slaves and prohibiting slaves from, among other [Page xl]things, assembling in groups, raising food, earning money, and learning to read English.
1763: Cesare Beccaria publishes the pamphlet On Crimes and Punishments, which argues against the usefulness of the death penalty.
1765: William Blackstone begins publication of Commentaries on the Laws of England, an influential work in the development of both the English and American legal systems.
1786: Pennsylvania adopts the Wheelbarrow Law, which requires convicts to perform public labor while chained to a cannon ball (to prevent escape) and while wearing unattractive clothing, thus requiring them to work and also to be exposed to public ridicule. The experiment is copied by several other states but ultimately proves a failure as some convicts escape while others get into fights with each other or with passersby.
1789: In the United States, the Judiciary Act of 1789 specifies which crimes are bailable and sets guidelines for establishing bail.
1793: The Fugitive Slave Act makes it illegal to assist escaped slaves. It also authorizes agents to seize alleged slaves and petition for their removal to their alleged home state, encouraging the industry of "slave catching," which sometimes also captured free blacks and sold them into slavery.
1793: William Godwin publishes Enquiry Concerning Political Justice and Its Influence on Modern Morals and Manners, now seen as a fundamental text in the growth of anarchist thought.
1794: A Pennsylvania law creates the category of first-degree murder, meaning murder that was planned or particularly heinous, and makes it the only crime eligible for capital punishment (those convicted of second-degree murder would be sentenced to imprisonment).
1798: The Alien and Sedition Acts are passed by the U.S. Congress. These four acts permit the president to deport noncitizens, increase to 14 years the time of residence necessary for an immigrant to obtain citizenship, and criminalize the publication of writings that criticize the government or government officials.
1821: Connecticut becomes the first U.S. state to pass a law regulating abortion.
1821: With Cohens v. Virginia, the U.S. Supreme Court asserts its power of judicial review over state supreme court decisions.
1830: President Andrew Jackson signs the Indian Removal Act into law. This results in the migration (theoretically voluntary, but in fact often coerced or forced) of Native Americans from the southeastern United States to the so-called Indian Territory in what is now Oklahoma.
1831: Gustave de Beaumont and Alexis de Tocqueville travel to the United States to study the prison system.
1833: In Barron v. Mayor of Baltimore, the U.S. Supreme Court rules that the Bill of Rights only applied to actions of the federal government and did not limit the action of state governments. The case in question involves a wharf operator in Baltimore who sued the city for damages, claiming that they had redirected the natural course of several streams, which made the water near his wharf too shallow for use.
1835: In England, Henry Goddard is the first to successfully use ballistic characteristics to establish guilt in a court case. He is able to match a blemish on a bullet taken from a shooting victim with that found on an imperfect bullet mold found in the home of the suspected shooter.
1841: John Augustus, a shoemaker from Massachusetts, invents the system of probation by convincing a court to release an indigent man, charged with drunkenness, to be released into his care. Reportedly, by 1858 Augustus assists almost 2,000 men and women as well as about 30 children in this way.
1845: The National Police Gazette, a popular magazine specializing in lurid coverage (including illustrations) of crime, begins publication.[Page xli]
1850: The Fugitive Slave Act, passed by Congress as part of the Compromise of 1850, requires federal marshals to assist in the recovery of escaped slaves in free states (those that had abolished slavery) and establishes special commissioners to enforce the law.
1859: The case of Ableman v. Booth determines that the federal judiciary is the final authority, superior to state courts, on matters concerning the Constitution and laws of the United States.
1862: President Abraham Lincoln signs the Morrill Anti-Bigamy Act.
1864: The International Working Man's Association, a global cooperative sometimes called the First International, is founded by anarchists, trade union organizers, and members of left-wing political parties.
1865: President Abraham Lincoln is assassinated by John Wilkes Booth.
1865: The Thirteenth Amendment to the U.S. Constitution prohibits slavery and involuntary servitude.
1865: The Ku Klux Klan (KKK) is founded in Pulaski, Tennessee, as a vigilante organization with the goal of maintaining control over newly freed slaves (i.e., returning them to a state similar to slavery) through violence and intimidation. It also directs violence toward Union sympathizers and carpetbaggers.
1868: The Fourteenth Amendment to the U.S. Constitution overrules the 1857 Dred Scott v. Sandford decision and establishes that persons born or naturalized in the United States, regardless of race, are citizens and entitled to equal protection under the law.
1873: The federal Comstock Law prohibits the importation, mailing, or interstate transportation of information regarding contraception and abortion in the United States.
1875: San Francisco is the first city in the country to pass an ordinance prohibiting opium dens.
1876: The Jesse James/Cole Younger gang attempts to rob the First National Bank of North-field, Minnesota, but the townspeople successfully resist and most of the gang members are killed or arrested (but both James brothers escape).
1878: Massachusetts creates a state system of probation with paid officers to supervise those released into the system.
1881: President James Garfield is shot by Charles Guiteau; Garfeld dies 11 weeks later from infections related to his injuries.
1882: Congress passes the Chinese Exclusion Act that prohibits Chinese laborers from immigrating to the United States. Originally meant to be in place for 10 years, it was amended but remained largely in place until the 1943 Magnuson Act.
1886: A public rally in Chicago on May 4, organized to support trade unions and the eight-hour day, is disrupted by a bombing that injures a number of people. This becomes known as the Haymarket bombing (the rally was held at Hay-market Square) and Albert Parsons, head of the International Working Man's Association, is tried for conspiracy to commit murder alongside seven anarchists: August Spies, Samuel Fielden, George Engel, Adolph Fisher, Louis Lingg, Oscar Neebe, and Michael Schwab.
1887: Major Robert W. McClaughry, then warden of the Illinois State Penitentiary, adopts the Bertillon system of recordkeeping (developed in France) and advocates its adoption across North America.
1887: The Interstate Commerce Act is created in response to the 1886 Supreme Court decision in Wabash, St. Louis & Pacific Railway Company v. Illinois, which established that states have no authority to regulate interstate commerce.
1890: William Kemmler, a convicted murderer, becomes the first person to be executed using the electric chair.
1892: A strike at the Carnegie Steel Company in Homestead, Pennsylvania, becomes violent: After [Page xlii]members of the Amalgamated Association of Iron and Steel Workers defeat 300 Pinkerton agents, the factory is retaken by 6,000 state militia troops and the union is broken.
1896: With the decision in Plessy v. Ferguson, the U.S. Supreme Court rules that segregation is legal in the United States and establishes the doctrine of "separate but equal."
1898: The Erdman Act prohibits railway companies from prohibiting employees from joining labor unions and provides for arbitration in the case of unions and railway companies.
1899: Cook County (Chicago), Illinois, passes the first juvenile justice law in the country, based on the principle that children and adolescents should be treated as children in need of help rather than hardened criminals.
1901: President William McKinley is shot by the anarchist Leon Czolgosz and dies eight days later. After McKinley's assassination, the Secret Service is charged with providing security protection for U.S. presidents.
1903: The New York State prison system begins the first systematic use of fingerprints to identify criminals.
1905: California becomes the first U.S. state to require registration of automobiles and, shortly thereafter, to require drivers to hold a license.
1907: The military fort on Alcatraz Island in San Francisco Bay ceases to operate as a fort and becomes a military prison.
1908: The Bureau of Investigation, the forerunner of the FBI (Federal Bureau of Investigation), is founded to investigate interstate crime.
1908: The U.S. Supreme Court, in Adair v. United States, rules that employers have the right to prohibit employees from joining labor unions, thus legalizing so-called yellow-dog contracts.
1909: The U.S. Congress passes the Opium Exclusion Act, the first federal law governing opiates, forbidding the importation, possession, or use of smoking opium.
1910: The Mann Act, or White Slave Traffic Act, intended to combat human trafficking and prostitution, forbids taking women across state lines for "immoral purposes."
1914: The U.S. Supreme Court rules in Weeks v. United States that items seized during search of a private residence without a search warrant have been illegally obtained and cannot be used as evidence in federal trials.
1914: The Harrison Narcotics Act, intended to curb the abuse of opiates, requires registration of all those who prescribe opiates, including physicians and pharmacists. This law is also the first to place cocaine in the same category as heroin.
1915: In Coppage v. Kansas, the U.S Supreme Court rules that yellow-dog contracts, which allow employers to prohibit their employees from joining unions, are legal, thus striking down 13 state statutes outlawing discrimination in hiring on the basis of union membership.
1917: The Espionage Act prohibits interference with military recruitment or operations, lending support to U.S. enemies during wartime, or promotion of insubordination in the armed forces.
1919: The Dyer Act (also known as the National Motor Vehicle Theft Act) makes it illegal to drive a stolen vehicle across state lines or to deal in stolen vehicles that had crossed state lines.
1920s: American police forces adopt the use of the automobile, increasing the area one man or team can patrol and also increasing the speed by which they can respond to calls for help.
1920: Crystal Eastman, Roger Baldwin, and Walter Nelles found the American Civil Liberties Union (ACLU), a private voluntary organization dedicated to defending the freedoms guaranteed in the Bill of Rights.
1922: The U.S. Congress passes the Narcotic Drugs Import and Export Act (the Jones-Miller [Page xliii]Act) providing stiff fines and prison sentences for those importing illegal narcotics.
1923: The American Law Institute is founded in response to dissatisfaction with the uncertainty and complexity of American law, with the goal of improving and clarifying the law and also supporting legal scholarship and education.
1923: In Frye v. United States, a court case involving the admissibility of the results of a polygraph test as evidence, the U.S. Supreme Court establishes rules for expert testimony in the courtroom.
1923: The United States bans all narcotics sales.
1924: J. Edgar Hoover becomes the head of the Bureau of Investigation and serves 48 years with the organization (later renamed the Department of Investigation and then the Federal Bureau of Investigation).
1925: The Bureau of Forensic Ballistics, a private firm, is established in New York to provide firearms identification services and remains in business until 1929.
1925: Theodore Dreiser publishes the novel An American Tragedy, whose plot is based on a much-publicized 1906 case in which Chester Gillette was convicted of murdering Grace Brown (he claimed her death was accidental) by drowning her in a lake.
1926: New York becomes the first state to make drunk driving a felony.
1927: Italian immigrants Ferdinando Nicola Sacco and Bartolomeo Vanzetti are executed following their conviction for murder; the case is controversial and many believe the men did not receive a fair trial due to their political views.
1928: Ruth Snyder, convicted of the murder of her husband, is executed; a photograph of her in the electric chair is published in the New York Daily News.
1928: The Straus totalisator is invented, a machine enabling rapid calculation of the odds that a bet will pay off, greatly speeding the adoption of parimutuel betting at horse tracks.
1929: Following riots, Clinton Prison in New York State institutes rehabilitation programs including mandatory educational instruction.
1930: The Federal Bureau of Prisons is created in the Department of Justice and has responsibility for managing and regulating federal prisons.
1930: The first UCR (Uniform Crime Report) is issued, reporting on the incidence of various types of crimes in the United States, aggregated at the city, state, and other levels.
1931: Casino gambling is legalized in Nevada.
1932: The Norris-La Guardia Act bans yellow-dog contracts (which allowed employers to stipulate that employees could not join unions), bars federal courts from interfering with nonviolent labor disputes, and states that employers may not interfere with the right of employees to consider joining a trade union.
1932: The infant child of aviator Charles Lindbergh is kidnapped. The case is highly publicized and Congress reacts by passing the Lindbergh Act, the first federal kidnapping law; the death penalty for kidnapping is added in 1934.
1933: The U.S. Bureau of Immigration merges with the Bureau of Naturalization to form the Immigration and Naturalization Service (INS).
1933–34: Clyde Barrow and Bonnie Parker commit a series of robberies in the midwest and south; they become nationally known and are immortalized in the popular media, most notably in Arthur Penn's film Bonnie and Clyde (1967).
1934: A high-profile federal prison is established on Alcatraz Island in San Francisco Bay, designed to house dangerous and notorious criminals or those who had escaped from other facilities. Among those who are housed at Alcatraz are the gangsters Al Capone and George Kelly Barnes ("Machine Gun" Kelly) and the murderer Robert Stroud, known as "the Birdman of Alcatraz." [Page xliv]Alcatraz is operated as a federal prison until 1963 and serves as a model for other high-security prisons across the United States. Since 1973 it is operated by the National Park Service as a wildlife sanctuary and museum.
1935: With Norris v. Alabama, the U.S. Supreme Court overturns the convictions of the Scottsboro Boys, nine African American teenagers, on the grounds that they had been denied equal protection under the law because African Americans had been systematically excluded from the juries that heard their cases.
1941: President Franklin Roosevelt establishes the Fair Employment Practices Commission with Executive Order 8802, banning discrimination in the defense industry on the basis of race, color, religion, or national origin.
1942: In response to the attack on Pearl Harbor by Japan, President Franklin Roosevelt authorizes the removal of over 100,000 Japanese and persons of Japanese descent from their homes in the western United States to internment camps. The constitutionality of the executive order authorizing this removal is upheld by the Supreme Court in 1944.
1948: President Harry S. Truman, with Executive Order 9981, orders that the U.S. armed forces become racially integrated.
1950: The FBI begins issuing a Ten Most Wanted Fugitives list.
1950: Ford produces the first custom police car.
1950: William Parker becomes chief of police for Los Angeles, taking charge of a notoriously corrupt department and implementing selection and training of officers using methods adapted from military peacekeeping. However, Parker is also charged with fostering animosity among non-white residents of Los Angeles and of creating a police force that was disconnected from the communities it patrolled.
1950–51: The Kefauver Committee (United States Special Committee to Investigate Crime in Interstate Commerce) conducts an investigation into the extent of organized crime in the country and the corruption of police forces across the nation.
1953: Julius and Ethel Rosenberg, convicted of espionage, are executed in New York.
1954: With the Brown v. Board of Education decision the U.S. Supreme Court overturns the "separate but equal" standard for schools and requires that they be integrated "with all deliberate speed."
1955: A 14-year-old African American, Emmett Till, is murdered in Mississippi, allegedly for flirting with a white woman; his mother insists on an open-casket funeral, and the image of his mutilated body is published in many newspapers and magazines, focusing intense scrutiny on the justice system in Mississippi.
1956: The Federal Bureau of Investigation begins a counterintelligence program, known as COINTELPRO, which is aimed at infiltrating and disrupting domestic social and political organizations, including many involved in the civil rights movement. COINTELPRO continues until 1971.
1958: The Planned Parenthood Federation of America requests that the American Law Institute draft a model abortion statute. The resulting statute supports abortion if the pregnancy resulted from rape or incest, if the baby is believed to have a severe physical or mental handicap, or if carrying the pregnancy to term is likely to cause the woman several physical or mental damage.
1960: The U.S. Supreme Court, in Boynton v. Virginia, rules that segregation in public interstate transportation facilities (such as bus or train stations) violates the Interstate Commerce Act.
1961: In Mapp v. Ohio, the U.S. Supreme Court rules that evidence seized from a person's home without a search warrant is inadmissible in state courts, thus extending the principles established in Weeks v. United States (1914) that prohibit the use of such evidence in federal courts.[Page xlv]
1962: Television personality Sherri Finkbine is refused an abortion in her home state of Arizona despite the fact that she took thalidomide, a drug associated with severe birth defects, during pregnancy. This case galvanizes public support for abortion in specific circumstances.
1962–65: An epidemic of German measles (rubella) sweeps the United States. Because exposure to rubella during pregnancy is associated with a greatly increased rate of birth defects, this epidemic increases public support for abortion in specific circumstances.
1963: On September 15, the 16th Street Baptist Church in Birmingham, Alabama, is bombed, killing four girls and drawing attention to the need for increased legislation protecting civil rights in the United States.
1963: President John F. Kennedy is shot and killed by Lee Harvey Oswald. An investigation by the Warren Commission in 1963–64 concludes that Oswald acted alone, yet several conspiracy theories linger for decades.
1963: The U.S. Supreme Court establishes, in the case Gideon v. Wainwright, that indigent defendants are entitled to legal counsel, which must be provided by the state if the defendants cannot pay for it.
1964: The Civil Rights Act of 1964 is signed into law by U.S. president Lyndon Johnson. This act prohibits discrimination based on race, color, religion, sex, or national origin in employment and public accommodations and overrules all state and local laws mandating such discrimination.
1964: New Hampshire becomes the first state to offer a lottery; New York follows three years later and New Jersey begins a lottery in 1970.
1964: A student demonstration at the University of California, Berkeley explodes into violence that results in over 700 arrests.
1964: In Cooper v. Pate the U.S. Supreme Court rules that prison inmates may sue for grievances under the Civil Rights Act of 1871.
1964: In Heart of Atlanta Motel v. United States the U.S. Supreme Court rules that a motel owner did not have the right to refuse to allow African American guests because such a prohibition interfered with interstate commerce.
1965: African American activist Malcolm X is assassinated in New York City.
1965: A riot in Watts, an African American neighborhood in Los Angeles, requires over 16,000 policemen, highway patrolmen, and National Guard troops to restore order. This highlights problems of institutional racism and poor relations between the police and the local community.
1965: President Lyndon Johnson signs the Voting Rights Act of 1965 that prohibits impediments such as poll taxes and literacy tests, which had been used to prevent African Americans from voting.
1965: Griswold v. Connecticut, a U.S. Supreme Court decision, strikes down a Connecticut law prohibiting the use of contraceptives and establishes a "right to marital privacy."
1966: In Miranda v. Arizona, the U.S. Supreme Court rules that a defendant must be informed of his/her right to refrain from self-incrimination (the Miranda warning) and his/her right to legal counsel. The decision also states that a statement of self-incrimination is not admissible as evidence unless the defendant has been informed of these two rights before making the statement.
1966: The Black Panther Party is founded by Bobby Seale and Huey Newton, advocating economic and civic empowerment in the African American community as well as black nationalism.
1966: The Bail Reform Act of 1966 increases the access of accused persons to bail by providing a list of circumstances judges could consider and allows case review and resetting of bail for those individuals who could not make bail as originally specified.
1967: Richard Speck is convicted of the death of eight student nurses in Chicago; he is sentenced to [Page xlvi]death, but the sentence is later commuted to life in prison.
1967: California becomes the first U.S. state to legalize abortion in the case of a severely deformed fetus or to preserve the mother's mental health.
1968: Civil rights leader Martin Luther King, Jr., is assassinated in Memphis, Tennessee. James Earl Ray is convicted of the murder in 1969.
1968: U.S. senator and presidential candidate Robert F. Kennedy is shot and killed in California. Sirhan Sirhan is sentenced to death for the crime, a sentence later reduced to life imprisonment.
1968–69: The Zodiac Killer kills at least seven people in northern California; the killer, whose identity remains unknown, sends letters to the local media, signed "Zodiac," that contain non-public details about the crimes and sometimes cryptograms.
1970: The Controlled Substances Act is passed by the U.S. Congress. It creates five schedules or classifications of drugs based on factors such as potential for abuse and approved medical uses, with penalties and regulations based on the schedule of a given drug.
1971: The U.S. Supreme Court, in United States v. Vuitch, holds that abortion is a surgical procedure and physicians have the authority to determine if it is necessary to protect a woman's health.
1971: A highly publicized riot at the Attica Correctional Facility in New York State focuses attention on conditions within the prison as well as the civil rights of prisoners.
1972: In Gates v. Collier, the U.S. Fifth Circuit Court of Appeals places limits on the types of corporal punishment that can be administered in prisons. It also outlaws the "trusty system" in place at the state prison in Parchman, Mississippi, in which certain inmates were granted the power to control and punish other inmates.
1972: Furman v. Georgia, a decision of the U.S. Supreme Court, determines that the application of the death penalty in an arbitrary manner constitutes cruel and unusual punishment and is unconstitutional. Of particular concern was the perceived racial bias in many states, where African American prisoners were far more likely than white prisoners to be executed although their crimes might be quite similar.
1972: The National Crime Victimization Survey (NCVS), a method of determining the incidence of crime in the United States through sampling and surveys of crime victims, begins in response to dissatisfaction with the Uniform Crime Report (UCR).
1973: President Richard Nixon creates the Drug Enforcement Administration (DEA) to consolidate federal powers of drug enforcement within a single Justice Department agency.
1973: The U.S. Supreme Court, in Roe v. Wade, strikes down a restrictive Texas law regarding abortions and greatly expands access to abortions in the country, particularly during the first trimester (12 weeks).
1973: The Kansas City Preventative Patrol Experiment, by George Kelling and colleagues, challenges the conventional wisdom that motorized police patrols reduce crime. Kelling's conclusions were challenged on methodological and other grounds but also led to further research about the effectiveness of many other standard police tactics.
1973: Doe v. Bolton, a U.S. Supreme Court decision, strikes down a Georgia state law that requires approval of two consulting physicians and a hospital committee before an abortion can be legally performed.
1973: Governor Nelson Rockefeller of New York signs a bill containing a series of harsh penalties for those convicted of the possession and sale of narcotics, which come to be known as the Rockefeller Drug Laws.
1976: Gregg v. Georgia and several other cases end the unofficial moratorium on capital punishment in the United States, which began in 1972.[Page xlvii]
1976: The Hyde Amendment prohibits the use of federal funding, primarily that provided for Medicaid, to pay for abortions. This has the effect of restricting the ability of low-income women to obtain an abortion.
1976: New Jersey legalizes casino gambling in Atlantic City and two years later opens the first legal casino on the East Coast.
1976: In Planned Parenthood of Central Missouri v. Danforth the U.S. Supreme Court rules that a husband does not have veto power over his wife's choice to have an abortion but that a minor seeking an abortion could be required to have parental consent for the procedure.
1976–77: David Berkowitz, the Son of Sam killer, commits a series of murders in New York City.
1977–78: The Hillside Strangler, later revealed to be two men, Kenneth Bianchi and Angelo Buono, Jr., rapes, tortures, and kills at least 10 women in the hills surrounding Los Angeles.
1980: With the decision in Harris v. McRae the U.S. Supreme Court establishes that states are not required to provide funding for medically necessary abortions.
1981: President Ronald Reagan is shot by John Hinckley, Jr.; three others are wounded in the attack, most seriously Press Secretary James Brady, who is partially paralyzed as a result.
1982: Charles Brooks, convicted of murder in Texas, becomes the first person in the United States to be executed by lethal injection.
1982: James Q. Wilson and George L. Kelling publish an article introducing the "broken windows" theory, which claims that small social problems (e.g., litter allowed to accumulate on the street or graffiti on public buildings) create an environment that encourages more serious crime.
1984: The Bail Reform Act of 1984 addresses bail for immigration and material witness cases, provides a wide range of alternatives to financial bail, and prevents a judge from setting bail so high that a person cannot meet it (although detention is allowed if an accused person is considered a threat to the community).
1984: Serial killer Velma Barfield is executed in North Carolina; she is the first woman to be executed in the United States since 1962.
1986: The U.S. Congress passes the Immigration Reform and Control Act of 1986 that requires employers to ascertain that new employees have the legal right to work in the United States, while at the same time granting amnesty to illegal immigrants who had lived continuously in the country since January 1, 1982.
1987: With McCleskey v. Kemp the U.S. Supreme Court determines that the fact that the death penalty is disproportionately applied to African Americans, or to people who kill white versus African American victims, is not sufficient grounds to make capital punishment unconstitutional.
1990: Congress passes the Americans with Disabilities Act of 1990 that prohibits discrimination based on disability in several areas, including employment, public accommodation, and telecommunications.
1992: The U.S. Supreme Court affirms in Parenthood of Southeastern Pennsylvania v. Casey that medical clinics could require a 24-hour waiting period before performing an abortion and that states could require that women seeking abortions be informed of alternatives and fetal development.
1992: Congress passes the Professional and Amateur Sports Protection Act forbidding states from authorizing new sports betting, leaving Nevada the only state with legal betting on sporting events.
1993: Dr. David Gunn, an obstetrician/gynecologist who performed abortions, is killed in Pensacola, Florida, by Michael F. Griffin. This was the first known assassination in the United States of a physician by an antiabortion activist.
1994: New Jersey passes a law requiring local communities to be warned of sex offenders living [Page xlviii]in the area; the law is dubbed Megan's Law after Megan Kanka, a seven-year-old killed by a known child molester living on her block.
1994: The U.S. Supreme Court, in National Organization for Women v. Scheidler, rules that federal racketeering law may be used to prosecute violent antiabortion protesters.
1995: Former football star O. J. Simpson is acquitted in the murder of his wife Nicole Brown Simpson and companion Ronald Goldman, after a highly publicized trial broadcast on U.S. television.
1996: Theodore Kaczynski, known as the Unabomber, is arrested in Montana, after a lengthy FBI investigation. A former professor of mathematics, Kaczynski sent homemade bombs through the mail, many to university professors and graduate students.
1996: The U.S. Congress passes a law requiring every state to develop a procedure for notifying the public when a sex offender moves into a community, similar to the law enacted in New Jersey in 1994.
1996: Lyle and Erik Menendez are convicted of the murder of their parents after a highly publicized trial broadcast on Court TV.
1999: With City of Chicago v. Morales, the U.S. Supreme Court strikes down a Chicago ordinance against loitering, intended to prevent gang activity, as impossibly vague.
1999: During the Columbine High School massacre, two students, Eric Harris and Dylan Klebold, kill 12 students and a teacher before killing themselves. The case opens a national debate on school bullying, because Harris and Klebold had reportedly been bullied for years.
2000: Physician Joseph Michael Swango pleads guilty to poisoning three patients; the actual number of victims is believed to be much higher.
2001: On September 11, a series of coordinated attacks by Al Qaeda terrorists on the World Trade Center in New York City and the Pentagon in Arlington, Virginia, kill almost 3,000 people and result in heightened security measures for air travel as well as other legal changes.
2001: In November, the U.S. Congress passes the Airport Federalization Action and the Aviation and Transportation Security Act to standardize passenger and luggage screening for air travel and make them the responsibility of the federal government.
2002: Aileen Wuornos, a prostitute and serial killer, is executed for the murder of six men in 1989 and 1990.
2005: Dennis Rader is sentenced to 10 consecutive life terms for the murder of 10 children and adults in Wichita, Kansas. He is dubbed the BTK Killer (Bind, Torture, Kill) because he sent letters to news outlets and the police signed with those initials.
2006: Megan Meier, a teenager in Missouri, commits suicide after being subjected to cyberbullying by an adult neighbor. The case led Missouri to enlarge the scope of its harassment law to include text messages, e-mail, and other electronic communications.
2007: Michael Vick, a quarterback in the National Football League, is arrested and pleads guilty to federal felony charges relating to his participation in a dogfighting ring. This highly publicized case highlights differing attitudes regarding blood sports such as dogfighting, which is illegal but still practiced.
2007: Seung-Hui Cho, a student at Virginia Tech, shoots and kills 32 people on the Tech campus before killing himself. The case motivates many American universities to create explicit procedures to notify students on campus of the presence of immediate threats.
2008: The U.S. Supreme Court rules that execution by lethal injection, as practiced in Kentucky, is not unconstitutional.
2010: President Barack Obama signs the Fair Sentencing Act, which narrows the disparity in [Page xlix]punishment for possession of crack versus powder cocaine, from 100-to-1 to 18-to-1. This addresses a long-observed phenomenon that African Americans are more likely to use crack rather than powder cocaine and that sentencing disparities contributed to a disproportionate share of African Americans jailed for drug use.
2010: Rodney Alcala, dubbed the Dating Game Killer because he appeared on the television game show The Dating Game in the 1970s, is convicted and sentenced to death for the murder of five girls and women.
2010: Arizona passes the Support Our Law Enforcement and Safe Neighborhoods Act, a law intended to prevent and punish illegal immigration. Among its measures are the requirement that aliens carry identification at all times, a provision that makes it a crime to aid illegal immigrants, and a prohibition against state or local officials restricting enforcement of federal immigration laws. A federal court issues an injunction against the law taking effect due to concerns about its constitutionality and violations of civil liberties.
2011: Conrad Murray, a physician who treated pop singer Michael Jackson, is convicted of manslaughter in the singer's death, which was caused by an overdose of the anaesthetic propofol.
2011: Oscar Ortega-Hernandez shoots at the White House, with two bullets actually striking the building; he is charged with attempted assassination of President Barack Obama, although Obama was in Hawai'i at the time.
2011: Representative Gabrielle Giffords is shot by Jared Lee Loughner during an outdoor public meeting near Tucson, Arizona; 18 other people are shot and six die.
2011: Former Illinois governor Rod Blagojevich is convicted on 17 federal corruption charges and is sentenced to 14 years in prison.
2011: Whitey Bulger, a noted organized crime figure from Boston who had been a fugitive for many years, is arrested in California.
2011: Ingmar Guandique is convicted of the murder of Chandra Levy, an intern working at the Federal Bureau of Prisons at the time of her disappearance in 2001.
2011: Brian David Mitchell is sentenced to life in prison for the kidnapping and rape of Elizabeth Smart, 14 years old, from her Salt Lake City home in 2002.
2012: In several U.S. states, including Alabama, Tennessee, South Carolina, and Georgia, a law takes effect requiring employers to use a federal program called e-Verify to confirm that their employees are eligible to work in the United States. In California, a state law takes effect that prohibits private employers from being required to use e-Verify unless its use is mandated by federal law.
2012: Laws in Delaware and Hawai'i allow same-sex couples to enter into civil unions, a status that carries the same rights and benefits enjoyed by married couples.Kennesaw State University
Glossary[Page 2487]Glossary
Ableman v. Booth: An 1859 case dealing with the Fugitive Slave Act that determined the federal judiciary was the final authority, superior to state courts, on matters concerning the Constitution and laws of the United States. This ruling prevents state courts from annulling federal judgments or holding them unconstitutional, even if they contradict the state's constitution.
Abrams v. United States: A 1917 U.S. Supreme Court decision that upheld the conviction of five individuals charged with distributing pamphlets criticizing U.S. involvement in World War I. The decision is notable for the dissenting opinion written by Oliver Wendell Holmes defending the right of the five defendants to freedom of speech, except in cases when such speech posed a "clear and present danger" to the government or military.
Accessory: One who assists in the commission of a crime but neither takes part in the criminal offense nor (unlike an accomplice) is present at the commission of the crime, such as someone with knowledge of the crime who allows it to occur.
Accomplice: One who participates in the commission of a crime without taking part in the criminal offense, such as a co-conspirator or getaway driver.
Actus reus: "Guilty act," the legal term for the physical act constituting a crime.
Adair v. United States: A 1908 decision of the U.S. Supreme Court that struck down part of the 1898 Erdman Act and upheld the right of employers to prohibit employees from joining labor unions.
Adultery: Infidelity by a married person, classified as a crime in English common law and some jurisdictions. The related term, alienation of affections, is the crime committed by the third party, the party with which the adulterer has been unfaithful; this remains a crime in only seven states today.
Adversarial justice: A system of justice in which individuals with a dispute can take their cases before an impartial jury or judge. Each side's point of view is argued by a lawyer or other advocate, who presents his client's side in the best possible light.
Alcatraz: An island in San Francisco Bay that was the site of a military fort and military prison before serving as a high-security federal prison from 1934 to 1963. The federal prison at Alcatraz became a model for other maximum security prisons, and it is believed that there were no [Page 2488]successful prisoner escapes from it, due in part to the distance from the mainland.
Alien and Sedition Acts: Four acts passed by the U.S. Congress in 1898 intended to suppres Democratic-Republic opposition to the Federalist Party. Provisions included increasing the period of residence in the United States (to 14 years) necessary for an immigrant to obtain citizenship, permitting the president to deport non-citizens deemed dangerous to the nation, and criminalizing the publication of writings criticizing the government or government officials.
American Law Institute: A nonprofit organization founded in 1923 to clarify and improve American law. Among its accomplishments are the development and monitoring of the Uniform Commercial Code, the Federal Judicial Code Revision, and the Model Code of Evidence.
Americans With Disabilities Act of 1990: A federal law prohibiting discrimination based on disability in employment, public accommodation, public transportation, and telecommunications.
Antitrust law: The body of law regulating anticompetitive practices by businesses, in order to prevent monopolies and maintain a healthy market.
APIS: The Advance Passenger Information System, an international database of security information about airline passengers.
Appellate court: Also called a court of appeals, any court that can review and overturn decisions from lower courts.
Arpaio, Joe: Sheriff of Maricopa County, Arizona, since 1992 and a leading proponent of tougher measures to discourage and punish illegal immigration.
Arraignment: A formal appearance by a defendant before a judge, in two stages. The initial arraignment, which must take place within 48 hours of arrest (72 if arrested on the weekend), informs the defendant of the pending charges against him and determines bail. At the post-indictment arraignment, the defendant enters a plea.
Ashurst-Sumners Act: A U.S. federal law, passed in 1935, that ended the industrial prison era by outlawing interstate commerce in goods manufactured in prison.
Attica Correctional Facility: A maximum-security prison in New York State that in 1971 was the site of a highly publicized riot that highlighted racial and religious tensions within the prison.
Auburn System: A method of penal rehabilitation developed at the Auburn Prison in New York State in the 1820s in which the rule of silence was enforced, prisoners were assigned to work during the day, and they were kept in solitary confinement at night.
Aviation and Transportation Security Act of 2011: A law passed in November 2011 by the U.S. Congress in response to the terrorist attacks of September 11, 2011. This law created the Federal Transportation Security Administration (TSA) and created many changes in how airline passengers and luggage were screened, prohibited or limited some carry-on items, and required increased security measures including reinforced cockpit doors within aircraft.
Bail: A procedure by which persons accused of a crime, but not yet tried, can be released until their hearing if they post a sum of money or other property as assurance that they will appear for their trial. If they do not appear, they will forfeit the money or property.
Bail bondsman: A person who pledges a sum of money to ensure that a defendant released on bail will appear in court.
Ballistics: The study of how a projectile, such as a bullet, travels in flight.
Bertillon System: An identification method developed by Alphonse Bertillon, working for the police department in Paris, using anthropometrics (precise anatomical measurements) to identify prisoners. Bertillon was also instrumental in developing a systematic method of crime scene photography and in standardizing criminal mug shots into front and profile views.[Page 2489]
"Billy the Kid": A nickname for William Henry McCarty, an outlaw working primarily in New Mexico who was killed at age 21 and achieved a large role in American folklore due to coverage in newspapers.
"Black Bart": Nickname of Charles E. Boles, a British-born robber known for holding up stagecoaches in the United States. He is famous for operating alone and on foot rather than horseback and for commemorating his robberies with poems. Boles was arrested and convicted of robbery in 1883, serving about four years in San Quentin prison before release.
Black Codes: A series of laws passed in some states after the conclusion of the Civil War that restricted the rights and civil liberties of African Americans.
Black Panther Party: An African American organization founded in Oakland, California, in 1966 by Bobby Seale and Huey Newton. The Black Panthers advocated Black Nationalism and economic and social empowerment of the African American community.
Blood sports: Entertainments or sports, such as dog fighting and cock fighting, which involve violence toward or among animals and may involve the death of one or more animals. Although outlawed in many locales today, blood sports were once popular in Europe: historic examples of blood sports include bear baiting, bull baiting, and eel pulling. Some animal activists include traditional hunting in the category of blood sport as well.
Blue laws: Laws which prohibit certain activities, such as shopping or sale of alcoholic beverages, based on religious traditions or customs. For instance in the United States, some activities have traditionally been prohibited or restricted on Sundays because that day is designated by Christianity as a day of rest.
Bond: The promise by a third party (a commercial bondsman) to meet a defendant's bail obligation; the bondsman typically charges the defendant a fee based on a percentage of the bail amount.
Bonnie and Clyde: The bank robbers Bonnie Parker and Clyde Barrow, who committed numerous robberies in the early years of the Great Depression and became famous in the press due in part to their own self-promotion. They were ambushed and killed by a posse of police officers from Texas and Louisiana in 1934.
Book of the General Laws and Libertyes: The first law code printed in colonial America, the book was published in 1648 in the Massachusetts Bay Colony. It codified rights, duties and criminal penalties and established fundamental principals that served as the basis for later legal codes. The book was a revision of the Body of Liberties, published in 1641, a list of 100 provisions about rights and privileges, crimes and punishments, and the roles of ecclesial and civil governance.
Booth, Sherman: Wisconsin abolitionist who, in 1854, helped free fugitive slave Joshua Glover from a Milwaukee jail. Booth was arrested and convicted in a U.S. District Court for violating the Fugitive Slave Act but appealed to the Wisconsin Supreme Court, which held the Fugitive Slave Act unconstitutional. In 1859, the U.S. Supreme Court determined that state courts could not contradict the U.S. Constitution or federal law regarding it, and Booth was returned to jail until pardoned by President James Buchanan in 1861.
Bootlegging: Illegal production, transport, and sale of alcohol and by extension of other prohibited substances, from firearms to illegally copied tapes and DVDs.
Boynton v. Virginia: A 1960 decision by the U.S. Supreme Court that overturned the trespassing conviction of an African American man for being in a "whites only" bus terminal and established that the Interstate Commerce Act banned segregated interstate transportation facilities.
Broken windows hypothesis: A theory introduced in a 1982 article by James Q. Wilson and George L. Kelling that the appearance of disorder and neglect, for instance the presence of broken windows in a building, was associated with increased vandalism and other criminal activity.[Page 2490]
Brown v. Board of Education: A 1954 decision by the U.S. Supreme Court declaring that the "separate but equal" standard for schools was insufficient and that states and localities must integrate their schools "with all deliberate speed."
Burglary: A crime defined by the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting program as involving unlawful entry into a structure to commit a theft or felony; the use of force is not required.
Capital punishment: Execution of an individual convicted of a crime. Hence, crimes that can result in the death penalty are known as "capital crimes."
Clayton Anti-Trust Act of 1914: A federal law that created the Federal Trade Commission and strengthened the Sherman Anti-Trust Act of 1890.
Clemency: Forgiveness for a crime or removal of the penalty for committing it.
Code of Silence: The unofficial rule, also known as the "thin blue line," that criminal justice officials will not report wrongdoing by another in the same profession or testify against them.
Codification: The collection of laws into a legal code. When common law is codified, the process may include restatements and clarifications in order to iron out inconsistencies.
COINTELPRO: A counter-intelligence program run by the FBI targeting domestic organizations considered "subversive," including many involved with the civil rights movement and opposing the Vietnam War. COINTELPRO began in 1956 and continued until 1971, when the program was exposed to the news media.
Common law: Law developed through the judicial branch, rather than the legislative branch, by the decisions of courts. The United States traces its legal heritage to English common law, much of which was formed by decisions of judges forced to rule on matters that the codified laws did not explicitly address. Today, court decisions are informed both by legal code and by common law—which informs not only by the establishment of precedent (a case that is fundamentally distinct from previous cases and bears on the current case), but by the interpretation of the written law as articulated in the court's decisions.
Community policing: A decentralized approach to policing in which officers work with the community to identify and solve problems and improve quality of life.
Comstock Law: A federal law passed in 1873 that prohibited the importation, mailing, or interstate transportation of information about contraception and abortion. It served as a model for many state laws banning dissemination of such information.
Confidence game: Fraudulent activities in which deception is used to deprive a person of items of value by exploiting that person's confidence or trust. Con games are generally assumed to exploit the dishonesty or greed of the victim as well, for instance, by promising to let in on a scheme that will reward them with a large sum of (unearned) money.
Congress of Racial Equality (CORE): A civil rights organization founded in 1941, which pioneered tactics such as sit-ins and the freedom rides to combat segregation.
Consecutive sentences: Sentences served in sequence, as opposed to sentences served concurrently (at the same time).
Convict lease system: A system of renting out the labor of prisoners to private parties, especially associated with the south after the Civil War. The convict lease system, like prison industries, is a way for states to offset the cost of incarceration.
Cooper v. Pate: A 1964 decision of the U.S. Supreme Court ruled that prison inmates may sue for grievances under the Civil Rights Act of 1871. The specific issue at stake was the right of a Black Muslim prisoner in Illinois to buy religious publications, wear distinctive clothing related to his religion, and enjoy similar privileges granted inmates who embraced other religions.[Page 2491]
Corporal punishment: Punishment administered to the body (corpus), that is, physical punishment. As a criminal sentence, corporal punishment was once common throughout the world, because it did not require the expense, maintenance, or professional staff associated with incarceration; flogging, whipping, and caning have all been used in the past, as have forms of public humiliation such as the stocks and the pillory. In the modern United States, corporal punishment is generally rejected as cruel and unusual.
Cyber stalking: Use of electronic means, including e-mail and the Internet, to harass an individual or organization.
Daubert v. Merrell Dow Pharmaceuticals: A 1993 decision by the U.S. Supreme Court establishing that the Federal Rules of Evidence superseded the standards of the Frye standard established in Frye v. United States (1923). Daubert established a new standard for the admission of expert testimony in court: It must be grounded in scientific knowledge, assist the trier of fact in understanding the evidence, and allow the judge to make the threshold determination regarding admissibility.
Deterrence: The use of punishment to prevent criminal offenses. This encompasses the use of the general public's knowledge of criminal sentences as a threat to prevent them from committing crimes; the punishment of a criminal offender to prevent recidivism; and the incapacitation of a criminal offender, for instance by incarceration, in order to prevent his further criminal activity.
DHS: The Department of Homeland Security, a cabinet-level department of the federal government, created in 2002 in response to the September 11, 2001, terrorist attacks. Its goal is to prevent and respond to domestic emergencies, including terrorism.
DOS attack: Denial of service attack, a type of cybercrime in which a concerted attempt is made to make a computer resource, such as a bank or credit card Website, unavailable to its usual users, often by flooding the site with communication requests.
Dred Scott v. Sandford: An 1857 ruling by the U.S. Supreme Court determining that persons who had been brought to the United States as slaves could not be U.S. citizens, nor could their dependents. It also established that, because slaves were not citizens, they could not seek relief in the court system.
Due process: The requirement that the state respect the legal rights of the individual. Though it originated in the Magna Carta, due process has largely developed in American law, where it is central, while it is no longer a part of British law.
Duress: The condition of performing an act under pressure from another party, such as the threat of violence. Duress is a potential legal defense when it is the condition under which the duressed committed a crime. It also has relevance in laws governing rape and sexual assault, because it negates a participant's consent to sexual acts.
Erdman Act: An 1898 federal law that prohibited railroad companies from requiring, as a condition of employment, that the employee not join a union. Parts of the Erdman Act were declared unconstitutional in 1908 by the U.S. Supreme Court in the 1908 decision Adair v. United States.
Espionage Act: A federal law passed in 1917 that prohibited various acts that might hamper the U.S. war effort, including interference with military recruitment, lending support to U.S. enemies, or attempting to promote insubordination in the military.
Exclusionary rule: A principle in U.S. law that evidence obtained illegally, for instance objects seized from a person's home without a search warrant, may not be used in criminal prosecution.
Fair Housing Act: A common name for the Civil Rights Act of 1968, which prohibited discrimination in the sale, rental, and financing of housing on the basis of race, religion, or national origin. Gender, disability, and families with children were later added as protected categories.
Fraud: A crime committed in the form of a deliberate deception for the sake of personal gain or [Page 2492]damage against another. Fraud is distinguished from negligence, of which a person may be guilty when such damage results from a falsehood of which they are unaware.
Frye v. United States: A 1923 U.S. Supreme Court decision that established rules concerning the admissibility of expert opinion in the court, ruling that such opinions are admissible only if they are based on generally accepted scientific techniques. The Frye standard has generally been superseded by the Federal Rules of Evidence, as determined in Daubert v. Merrell Dow Pharmaceuticals (1993).
Fugitive Slave Act: An act passed by Congress as part of the Compromise of 1850, which required federal marshals to assist in the recovery of escaped slaves in free states (those that had abolished slavery) and established commissioners who had concurrent jurisdiction with U.S. district courts in enforcing the law. The Fugitive Slave Act also established rewards for those who assisted in apprehending runaway slaves, fines for federal marshals who refused to assist in the return of escaped slaves, and stated that a claimant's sworn testimony was sufficient to establish fugitive status and that those suspected of being runaways could not testify on their own behalf or request a jury trial.
Gideon v. Wainwright: A 1963 case in which the U.S. Supreme Court ruled that states and localities must provide legal counsel to defendants who cannot afford to hire their own attorney.
Habeas corpus, writ of: A legal action through which a prisoner is released from detention for which there is insufficient cause.
Habeas Corpus Act: A 1659 British law establishing that a person arrested must be brought before a judge within a certain number of days, and released on bail (if the offense is bailable) within a certain number of days, thus protecting the accused against prolonged imprisonment without cause.
Hate crime: A crime committed against a victim chosen because of characteristics such as race, sexual orientation, or political affiliation.
Heart of Atlanta Motel v. United States: A 1964 decision of the U.S. Supreme Court ruling that motel operators did not have the right to refuse accommodation to African American guests because the lack of adequate accommodations for African Americans resulted in unlawful restriction of interstate commerce.
Honor killing: Killing of a member of a social group or family by other members of the same group or family, as punishment for bringing dishonor onto the group or family. The victims of honor killings are most often women and girls accused of sexual improprieties or related behaviors, such as refusing an arranged marriage or being perceived as insufficiently modest.
Hope v. Pelzer: A 2002 decision of the U.S. Supreme Court determining that "qualified immunity" (a rule that government employees may not be sued for actions conducted as part of their jobs) did not apply to the case of an inmate subjected to cruel and unusual punishment in an Alabama prison. The plaintiff was disciplined by being handcuffed to a "hitching post" that held him immobile and exposed him to sunburn and dehydration, a punishment that the court determined violated the Eighth Amendment, thus nullifying the guards' claims of qualified immunity.
Immigration Reform and Control Act of 1986: A federal law that made it illegal for an employer to knowingly hire illegal immigrants and required employers to ascertain the legal status of new employees by making them present identification. The act also provided amnesty to illegal immigrants who had lived in the U.S. continuously since January 1, 1982.
Indian Removal Act: An 1830 law that resulted in the migration (theoretically voluntary but in fact often coerced) of Native Americans from the southeastern United States along the Trail of Tears to a region in what is now Oklahoma.
INTERPOL: The International Criminal Police Organization, established in 1923 to promote cooperation between the police forces of different countries, including sharing of data and assisting in extraditions.[Page 2493]
Irene Morgan v. Commonwealth of Virginia: A 1946 U.S. Supreme Court decision that outlawed segregation in interstate transportation. This ruling was expanded in Boynton v. Virginia in 1960, also requiring bus terminals used on interstate lines to be desegregated, over-ruling any local laws requiring segregation.
Jim Crow laws: A series of laws enacted in some states and localities following the Civil War that mandated racial segregation in public facilities, including schools, restaurants, public restrooms, and means of transportation, such as buses and trains.
Jurisdiction: The authority of a legal entity to make pronouncements on legal matters and administer justice within a specifically defined sphere of responsibility. Courts hear only cases over which they have jurisdiction, which may be defined both geographically (a court assigned to a particular area) and by category of legal matter.
Jury: A body of citizens convened by the court to render an impartial verdict on a matter submitted to them. The United States uses juries not only in criminal and civil trials, but also in the form of grand juries, which are convened to determine whether there is enough evidence for a criminal trial to go forward.
Juvenile Justice and Delinquency Prevention Act: A 1974 law that called for the deinstitutionalization of juvenile offenders and led to a number of community-based corrections programs aimed at rehabilitation, rather than incarceration.
Kefauver Committee: The U.S. Special Committee to Investigate Crime in Interstate Commerce—a committee chaired by Senator Estes Kefauver that was appointed in 1950 to study police corruption and organized crime in the United States.
Kinsey reports: Two volumes published by Dr. Alfred Kinsey and colleagues, Sexual Behavior in the Human Male (1948) and Sexual Behavior in the Human Female (1953), are collectively known as the Kinsey reports. These books, based on surveys and interviews with a broad cross-section of Americans, were groundbreaking in their day for their discovery of the discrepancies between actual sexual behavior and that prescribed by conventional morality: For instance, adultery and homosexual behavior were found to be far more common among American adults than was generally thought.
Larceny: The crime of taking possession of the personal property of another person.
Lex talionis: The law of retribution, sometimes expressed as "an eye for an eye."
Lynching: An execution carried out without the authority of a court, especially one intended to intimidate or otherwise influence a population represented by the lynching victim.
Mala in se: Acts that are considered wrong (for instance, murder) in and of themselves, without regard to whether they are prohibited by law or not.
Mala prohibita: Acts that are considered wrong only because there is a law against them (a matter of opinion, but many would consider, for instance, prostitution or gambling to be mala prohibita but not mala in se).
Malware: A broad category of malicious software used to gather information, disrupt operations, or otherwise exploit weaknesses in computer systems.
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act: An act of Congress in 2009 that expands federal hate crime legislation to include perceived or actual gender or sexual orientation or identity, and disability. It provides funding to investigate and prosecute hate crimes and requires the FBI to report on hate crimes motivated by the victim's gender or sexual identity. The act is named for a gay man tortured and murdered in Wyoming (Matthew Shepard) and an African American man dragged from a truck until he died in Texas (James Byrd, Jr.).
Mens rea: "Guilty mind," the legal term for the mental element of a crime: the intention to com [Page 2494]mit a wrongful or reckless act. Not every crime requires specific intent.
Miranda v. Arizona: A decision by the U.S. Supreme Court in 1963 establishing that persons held in police custody must be informed of their rights to legal counsel and to refrain from making statements ("the right to remain silent") that might incriminate them.
Moonshine: Illegally produced, distilled alcohol. Though often used to refer to unaged ("white") whiskey, and recently applied to a number of legal products, moonshine properly refers to any spirit produced by an unlicensed still.
Morrill Anti-Bigamy Act: a U.S. federal law passed in 1862 that prohibits bigamy.
Narcotic: A certain class of drugs with overlapping but significantly different meanings in medicine and law. In medicine, a narcotic is a psychoactive compound that induces sleep, especially an opioid, which includes both legal prescription drugs (hydrocodone) and illegal recreational ones (heroin). In law, a narcotic is any illegal drug (including prescription drugs used illegally), including stimulants and hallucinogens.
NCVS: The National Crime Victimization Survey, a method of measuring the incidence of crime using sampling and surveys of crime victims, begun in 1972 to address perceived shortcomings of the Uniform Crime Report.
New York House of Refuge: An early attempt at creating a separate criminal justice system for juveniles. Founded in 1824, the House of Refuge housed only juveniles, and had the goal of rehabilitating and diverting them away from the adult correctional system.
Nolo contendere: "I do not wish to contend" (Latin), a plea made as an alternative to "guilty" or "not guilty." Also known as a plea of no contest. State laws governing nolo contendere pleas vary.
Parchman Farm: A Mississippi state prison, established in 1903, which was ordered in the 1972 U.S. Fifth Circuit Court of Appeals decision Gates v. Collier (1972) to stop using certain forms of physical punishment and to stop using the trusty system to control inmates.
Parens patriae: A legal doctrine specifying that the courts should act as parental figures toward juvenile offenders and choose correctional treatment judged in the best interest of the child.
Pari-mutuel betting: A type of betting common at racetracks in which the payoff is determined after the pool is closed, generally when the event begins, so the odds are not known at the time a bet is placed. In pari-mutuel betting, the bets are placed in a pool, the house percentage is removed, and the payoff odds are then calculated based on the remaining pool and the number of winning bets.
Parole: An early release from prison, based on an inmate's behavior, followed by a period of supervision by a parole officer.
Peremptory challenge: In the U.S. court system, the right of a lawyer to challenge potential jurors (i.e., have them removed from the jury pool) without having to give a reason for the challenge.
Plea: The defendant's answer to the charges against him or her, typically "guilty" or "not guilty."
Plessy v. Ferguson: An 1896 decision of the U.S. Supreme Court that established the principle of "separate but equal," thus confirming that racial segregation was legal. The specific case referred to segregation in railway transport, but the principle was applied widely in some states to schools, hotels, restaurants, public beaches, and other facilities.
Prigg v. Pennsylvania: An 1842 decision of the U.S. Supreme Court that confirmed the federal Fugitive Slave Act of 1793, prohibiting assisting escaped slaves in any state, overruling any state laws to the contrary.
Prison industries: Revenue-generating activities conducted in correctional facilities in which [Page 2495]prisoners serve as laborers. The profits of prison industries, including simple handcrafts and farming, can help offset the cost of incarceration. In some cases, prison industries may serve as a source of cheap labor for the state's other needs, such as the manufacture of license plates or road signage.
Prohibition: A ban on the production, sale, and transportation of alcoholic beverages in the United States from 1920 to 1933, as established in the Eighteenth Amendment to the U.S. Constitution. Prohibition was repealed by passage of the Twenty-First Amendment to the Constitution.
Recidivism: The recurrence of criminal behavior. Various approaches to crime and criminal offenders are weighed in terms of their impact on the offenders' recidivism.
Reconstruction amendments: A term sometimes applied to the Thirteenth, Fourteenth, and Fifteenth amendments to the U.S. Constitution, which were adopted after the conclusion of the Civil War. These amendments abolished slavery (Thirteenth), established citizenship and equal protection under the law without regard to race (Fourteenth), and granted voting rights regardless of race or previous servitude (Fifteenth).
Rehabilitation: The modification of an offender's behavior and habits in order to curb criminal activity and impulses. In practice, proponents of rehabilitation often find themselves opposed by proponents of retribution, though in theory, punishments could serve both points of view.
Restitution: Compensation to the victim of a crime, paid by the criminal offender. Restitutive approaches to criminal justice focus on the needs of the victims.
Retribution: The theory of retributive justice proposes proportionate punishment as a morally appropriate response to crime, not because of any deterrent effects the punishment may have, but because of the satisfaction it will provide to victims and the public. Retribution is typically the motive behind arguments favoring the death penalty.
Robbery: A crime of theft by force, threat of force, or by putting the victim in fear.
Roe v. Wade: A 1973 ruling by the U.S. Supreme court that struck down a Texas law restricting abortions and established that the "right to privacy" included the right of a woman to seek an abortion. Roe v. Wade largely overturned state restrictions to a woman's access to abortion during the first trimester of a pregnancy, but allowed more restrictions after that time.
RU-486: A drug, also known as Mifeprisone, which can be used to induce miscarriage, thus providing an abortion alternative to women who do not live near clinics or hospitals offering the procedure (about 80 percent of U.S. counties do not have an abortion provider).
Scopes Monkey Trial: A trial held in Dayton, Tennessee, in 1925 that challenged the Butler Act, making it a crime to teach evolution in the schools. The Scopes Trial was widely publicized (it was the first trial broadcast nationally on the radio) due in part to the participation of high-profile lawyers Clarence Darrow (for the defense) and William Jennings Bryan (for the prosecution). The defendant, high school biology teacher John Scopes, was found guilty of violating the Butler Act. When the verdict was appealed to the Tennessee Supreme Court, the Butler Act was found constitutional, but Scopes's conviction was set aside on a technicality.
Scottsboro Boys: Nine African American teenagers convicted in 1931 of raping two white women. Eight were originally convicted and sentenced to death while the trial of one, a 12 year old, resulted in a hung jury. In 1932, the U.S. Supreme Court reversed their convictions, ruling that they had not been granted effective legal counsel. Tried and convicted a second time, their convictions were again overturned by the U.S. Supreme Court in the decision Norris v. Alabama because African Americans had been excluded from the jury pool.
Selective Service System: A system established in 1917 that required men age 21 to 30 to register for military service. The purpose of the system was to create a database of information about [Page 2496]young men available for the military draft, and the age limits have changed over the years according to military need: For instance, in 1918 the upper age limit was increased to 45, and in 1940 the younger age limit was reduced to 18.
Sherman Anti-Trust Act: A federal statute, passed in 1890, which was the first U.S. legislation to limit the power of monopolies and cartels.
Son of Sam law: A general term for laws that prohibit criminals from profiting from their crimes, for instance by the sale of books or television rights to their story. The original Son of Sam law was passed in New York State in response to reports that David Berkowitz, the Son of Sam killer, was offered large sums of money for his story.
Stack v. Boyle: A 1951 decision of the U.S. Supreme Court establishing that bail should not be set at a higher level than required to make it reasonably likely that a defendant would appear in court.
Stono Rebellion: The largest slave rebellion in the American colonies prior to the Revolutionary War. It took place in South Carolina in 1739, led by a slave sometimes referred to as "Cato" (hence an alternative name is Cato's Rebellion), and prompted South Carolina to pass the Negro Act of 1740 that restricted the rights of slaves to assemble, move about, or become educated, and imposed a moratorium on the importation of African slaves.
Subpoena: A writ issued by a court or government entity compelling a witness to provide testimony or physical evidence.
Team policing: An approach to policing instituted in some cities in the 1960s and 1970s, in which the patrol force was organized into teams that were assigned permanently to particular neighborhoods. This approach was unsuccessful and was largely abandoned by the 1980s.
Thalidomide: A prescription drug prescribed for morning sickness that often resulted in severe birth defects.
Thoughts on Government: A treatise on government written by John Adams in 1776 that suggests a system of executive, judicial, and legislative branches of government, the latter including two legislative bodies, and a system of checks and balances to prevent any one branch from becoming too powerful.
Three strikes law: A statute enacted by some state governments that requires a greater sentence (typically, a life sentence) for the third instance of a serious criminal offense.
Tort: A civil wrong. A tort may be a criminal act, but need not be; tort law deals with all situations in which the defendant's behavior has unfairly resulted in the plaintiff's loss. Tort law is more restitutive in its aims than criminal law.
Trusty system: A method of maintaining control within a prison by designating certain inmates as empowered to control and punish other inmates. The trusty system, as implemented in the state prison in Parchman, Mississippi, was outlawed in the U.S. Fifth Circuit Court of Appeals decision Gates v. Collier (1972), which also placed restrictions on the types of physical punishment that could be used on prisoners. Other states were also required to end their trusty systems as a result of the Gates v. Collier decision.
TSA: The Transportation Security Administration, a federal program created in November 2001 and given responsibility for monitoring air and sea transportation security, including hiring and training airport screeners.
UCR: The Uniform Crime Report, a reporting system for crimes, created in the United States in 1930. Local law enforcement agencies provide data to the FBI, which then aggregates it and publishes the results. The reports are used to track the incidence of crime in different locations.
United States Code: The codification of federal statutes, divided into 51 subject-based titles. Federal law is also codified into slip laws and session laws, which are organized chronologically instead of by topic, and which are issued as acts of Congress passed into law.[Page 2497]
United States v. One Book Called Ulysses: A 1933 case in the U.S. District for the Southern District of New York, in which Judge John Woolsey ruled that James Joyce's novel Ulysses was not obscene, but entitled to constitutional protection as literature. This case established the principle that in evaluating charges of obscenity, the entire work should be considered, rather than isolated excerpts.
USA PATRIOT Act: A law passed in October 2001 that reduced restrictions on the ability of law enforcement officials to search telephone and e-mail communications, and medical and financial records; broadened government abilities to detain and deport individuals; and broadened the definition of terrorism. The bill was a response to the terrorist attacks of September 11. It was intended in part to encourage law enforcement agencies to share information, as well as expand their abilities to obtain information previously considered confidential. Initially, the provisions of the act were to end on December 31, 2005, but in March 2006, the law was reauthorized.
Victimology: A subfield of criminology that studies the characteristics of victims and the victimization process.
Volstead Act: Also known as the National Prohibition Act, passed in 1919. The Volstead Act was the enforcement arm of the Eighteenth Amendment to the U.S. Constitution, which outlawed the sale, production, and transport of intoxicating liquor.
Walnut Street Jail: A Philadelphia jail, named for its location, which was the first U.S. prison to house prisoners in individual cells and to assign them to work details.
Warrant: A writ issued by a judge or government entity authorizing an action; for instance, an arrest warrant authorizes the detainment and arrest of a criminal suspect.
Warwickshire Quarter Sessions: One of the first attempts to deal with juvenile offenders separate from adults, this practice began in England in the 1820s. Juvenile offenders were sentenced to a single day in prison, followed by release to their parents or another responsible adult.
Whitney v. California: A 1927 decision of the U.S. Supreme Court ruling that speech that constituted clear and present danger to society was not protected under the Fourteenth Amendment. The defendant was an organizer for the Communist Labor Party accused of advocating the overthrow of the U.S. government.
Wolf v. Colorado: A 1949 decision of the U.S. Supreme Court establishing that the Fourth Amendment's prohibition against unreasonable search and seizure also applied to state courts. The case involved a physician, Julius Wolf, who was thought to provide abortions illegally and was convicted based on evidence gained by following up on names in his appointment book.
Writ: A common law term for a formal written order issued by a body with judicial or administrative jurisdiction over the matter with which the order is concerned. Warrants and subpoenas are familiar examples.
Yellow-dog contract: A contract that prohibits an employee from joining or maintaining membership in a labor union. The name likens those who would sign such a contract to the lowest breed of mongrel dog.
Resource Guide[Page 2499]Resource GuideBookCreating the American Junkie: Addiction Research in the Classic Era of Narcotic Control. Baltimore: Johns Hopkins University Press, 2002..Scottsboro and Its Legacy: The Cases That Challenged American Legal and Social Justice. Westport, CT: Praeger, 2007.Pressured Into Crime: An Overview of General Strain Theory. Cary, NC: Roxbury Publishing, 2006..The American Mafia: Genesis of a Legend. New York: Appleton-Century-Crofts, 1971.The Tiger: The Rise and Fall of Tammany Hall. New York: Addison-Wesley, 1993.Civil War Justice: Union Army Executions Under Lincoln. Shippensburg, PA: White Man Publishing, 1989.The Bill of Rights: Creation and Reconstruction. New Haven, CT: Yale University Press, 1998..Mafia Business: The Mafia Ethic and the Spirit of Capitalism. New York: Oxford University Press, 1988..Gem of the Prairie: An Informal History of the Chicago Underworld. New York: Alfred A. Knopf, 1940..Genetic Witness: Science, Law, and Controversy in the Making of DNA Profiling. New Brunswick, NJ: Rutgers University Press, 2007.Vengeance and Justice: Crime and Punishment in the 19th-Century American South. New York: Oxford University Press, 1984.A Kind and Just Parent: The Children of Juvenile Court. Boston: Beacon Press, 1997..The Death Penalty: An American History. Cambridge, MA: Harvard University Press, 2002..West African City: A Study of Tribal Life in Freetown. London: Oxford University Press, 1957.Women and the Criminal Justice System. Upper Saddle River, NJ: Prentice Hall, 2011.and .Police for the Future. New York: Oxford University Press, 1994..Juvenile Justice Reform and Restorative Justice: Building Theory and Policy From Practice, Oxford: Willan Publishing, 2005.and .Fingerprints: The Origins of Crime Detection and the Murder Case That Launched Forensic Science. New York: Hyperion, 2001.. [Page 2500]Outsiders: Studies in the Sociology of Deviance. New York: Free Press, 1963.State Police in the United States: A Socio-Historical Analysis. Westport: CT: Greenwood Press, 1995..Bedau, Hugo Adam, ed. The Death Penalty in America: Current Controversies. New York: Oxford University Press, 1997.Evaluating Scientific Evidence: An Interdisciplinary Framework for Intellectual Due Process. New York: Cambridge University Press, 2007..Homicide: A Sociological Explanation. Lanham, MD: Rowman & Littlefield, 2003.Imperiled Innocents: Anthony Comstock and Family Reproduction in Victorian America. Princeton, NJ: Princeton University Press, 1997..Turkey Shoot: Tracking The Attica Cover-Up. New York: Grove, 1985.,The Invisible Woman: Gender, Crime, and Justice. Belmont, CA: Thomson Wadsworth, 2007..An Introduction to the Principles of Morals and Legislation. London: T. Payne, 1789..A Search for Sovereignty: Law and Geography in European Empires, 1400–1900. New York: Cambridge University Press, 2009.The New York City Draft Riots: Their Significance for American Society and Politics in the Age of the Civil War. New York: Oxford University Press, 1990..Criminality and Economic Conditions. Boston: Little, Brown and Company, 1905..A Case Study in the Insanity Defense: The Trial of John W. Hinckley, Jr., et al.3rd ed.Mineola, NY: Foundation Press, 2008.The Kansas City Preventive Patrol Experiment: A Technical Report. Washington, DC: Police Foundation, 1974., , , and .Burgess, Ernest W., Robert E. Park, and Roderick D. McKenzie, eds. The City: Suggestions for Investigation of Human Behavior in the Urban Environment. Chicago: University of Chicago Press, 1925.Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court. New York: Penguin, 2009..Public Enemies: America's Greatest Crime Wave and the Birth of the FBI, 1933–1934. New York: Penguin, 2004..The Evolution of Desire. New York: Basic Books, 1994.Byers, Michele and Val Marie Johnson, eds. The CSI Effect: Television, Crime, and Governance. Lanham, MD: Lexington Books, 2009.The Tweed Ring. New York: Oxford University Press, 1966.Hooded Americanism: The History of the Ku Klux Klan. Durham, NC: Duke University Press, 1987..The Death Penalty: Constitutional Issues, Commentaries, and Case Briefs. New York: Lexis-Nexis, 2005., , , , , and .Crimes and Trials of the Century. Westport, CT: Greenwood Press, 2007.andHarm in American Penology: Offenders, Victims, and Their Communities. Albany: State University of New York Press, 1994..The Long Thirst: Prohibition in America, 1920–1933. New York: W. W. Norton, 1975.On Appeal: Courts, Lawyering, and Judging. New York: W. W. Norton, 1994.Delinquent Boys: The Culture of the Gang. Glencoe, IL: Free Press, 1955..Pillars of Salt, Monuments of Grace: New England Crime Literature and the Origins of American Popular Culture, 1674–1860. New York: Oxford University Press, 1993.Drinking and Crime: Perspectives on the Relationships Between Alcohol Consumption and Criminal Behavior. New York: Guilford Press, 1981. Resource Guide 2501[Page 2501]Violent Land: Single Men and Social Disorder From the Frontier to the Inner City. Cambridge, MA: Harvard University Press, 1996Other People's Money: A Study in the Social Psychology of Embezzlement. New York: The Free Press, 1953.Mormons and Cowboys, Moonshiners and Klansmen: Federal Law Enforcement in the South and the West, 1870–1893. Tuscaloosa: University of Alabama Press, 1991..Decision Making in the U.S. Courts of Appeals. Palo Alto, CA: Stanford University Press, 2007.Class and Class Conflict in Industrial Society. Palo Alto, CA: Stanford University Press, 1959..Children Who Kill: Profiles of Preteen and Teenage Killers. London: Allison & Busby, 2008..Prostitution: An International Handbook on Trends, Problems, and Policies. Westport, CT: Greenwood Press, 1993..The Death Penalty: Constitutional Issues, Commentaries, and Case Briefs. New York: Lexis-Nexis, 2005., , , , and .Victimology: Victimisation and Victims' Rights. New York: Routledge-Cavendish, 2008., , and .America on Trial: Inside the Legal Battles That Transformed Our Nation. New York: Warner Books, 2004.Alcohol and Crime. Portland, OR: Willan Publishing, 2006.."Whores and Thieves of the Worst Kind": A Study of Women, Crime, and Prisons, 1835–2000. DeKalb: Northern Illinois University Press, 2002..Philosophy of Law: Oxford Readings in Philosophy. New York: Oxford University Press, 1977.."The Jukes": A Study in Crime, Pauperism, Disease and Heredity; Also Further Studies of Criminals. New York: G. P. Putnam's Sons, 1877..Juvenile Justice: A Social, Historical and Legal Perspective. Salsbury, MA: Jacob & Bartlett Publishers, 2011., andPaddy Whacked: The Untold Story of the Irish American Gangster. New York: Regan Books. 2005.Dimensions of Personality. London: Kegan Paul, Trench, Trubner & Co., 1947..Modern Scientific Evidence: The Law and Science of Expert Testimony. Vols. 1–4. Eagan, MN: Thomson Reuters/West, 2009.. et al.Rethinking Rehabilitation: Why Can't We Reform Our Criminals? Washington, DC: AEI Press, 2005..Fidell, Eugene and Dwight Sullivan, eds. Evolving Military Justice. Annapolis, MD: U.S. Naval Institute Press, 2002.Crime Science: Methods of Forensic Detection. Lexington: University Press of Kentucky, 1999.and .Military Tribunals and Presidential Power: American Revolution to the War on Terrorism. Kansas City: University Press of Kansas, 2005..Rugged Justice: The Ninth Circuit Court of Appeals and the American West, 1891–1941. Berkeley: University of California Press, 1994.Crime and Punishment in American History. New York: BasicBooks, 1993..Cultures of Control: Crime and Social Order in Contemporary Society. Chicago: University of Chicago Press, 2001..Peculiar Institution: America's Death Penalty in an Age of Abolition. Cambridge, MA: Belknap, 2010..Crimes of the Century: From Leopold and Loeb to O.J. Simpson. Lebanon, NH: Northeastern University Press, 2000.andSerial Murder and Media Circuses. Westport, CT: Praeger, 2006.Contested Lives: Abortion Debate in an American Community. Berkeley: University of California Press, 1989.[Page 2502]The Constitutional Rights of Women,.Rev. ed.Madison: University of Wisconsin Press, 1989.The English Convict: A Statistical Study. London: H.M.S, 1913..Control Theories of Crime and Delinquency. New Brunswick, NJ: Transaction Books, 2003..The Prison and the Gallows: The Politics of Mass Incarceration in America. New York: Cambridge University Press, 2006..Alcohol and Crime: An Analysis of National Data on the Prevalence of Alcohol Involvement in Crime. Washington, DC: Bureau of Justice Statistics, 1998.Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court's Ruling. New York: Kaplan Publishing, 2010.andShooting Incident Reconstruction. Amsterdam: Academic Press, 2006.Gender in Practice: A Study of Lawyers' Lives. New York: Oxford University Press, 1995.and .The Oxford Guide to United States Supreme Court Decisions. New York: Oxford University Press, 2009.and .Confidence Men and Painted Women: A Study of Middle-Class Culture in America, 1830–1870. New Haven, CT: Yale University Press, 1982..Hariman, Robert, ed. Popular Trials: Rhetoric, Mass Media, and the Law. Tuscaloosa: University of Alabama Press, 1990Policing a Class Society: The Experience of American Cities, 1865–1915. New Brunswick, NJ: Rutgers University Press, 1983.Causes of Delinquency. Berkeley: University of California Press, 1969..Frontier Violence: Another Look. New York: Oxford University Press, 1974..Appellate Advocacy in a Nutshell. St. Paul: Thomson West, 1998.May It Please the Court. New York: New Press, 1993.and .The American Prosecutor: A Search for Identity. Lexington, MA: Lexington Press Books, 1980..Logan Rishard Council. How Crime in the United States is Measured. Washington, DC: Congressional Research Service, 2008.andCommissioner Roosevelt: The Story of Theodore Roosevelt and the New York City Police, 1895–1897. New York: John Wiley & Sons, 1994..American Law Enforcement: A History. Wheeling, IL: Forum Press, 1981.Bullet Proof! The Evidence That Guns Leave Behind. New York: Scholastic, 2007..Seminary of Virtue: The Ideology and Practice of Inmate Reform at Eastern State Penitentiary, 1829–1971. New York: Peter Lang Publishing, 2012..From Noose to Needle: Capital Punishment and the Late Liberal State. Ann Arbor: University of Michigan, 2002.The Purple Gang: Organized Crime in Detroit 1910–1945. Fort Lee, NJ: Barricade Books, 2005.Making Law in the United States Courts of Appeals. New York: Cambridge University Press, 2002. http://dx.doi.org/10.1017/CBO9780511613708The Police and Serious Crime. New York: McGraw-Hill, 1990.and .Great American Trials. Detroit, MI: Visible Ink Press, 1994Blue Laws: The History, Economics, and Politics of Sunday-Closing Laws. Lexington, MA: D. C. Heath and Company, 1987.Crossing Over the Line: Legislating Morality and the Mann Act. Chicago: University of Chicago Press, 1994..Dry Manhattan: Prohibition in New York City. Cambridge, MA: Harvard University Press, 2007..Military Justice in America: The U.S. Court of Appeals for the Armed Forces, 1775–1980. Lawrence: University Press of Kansas, 2001.. [Page 2503]Lynch, James P. and Lynn A. Addington, eds. Understanding Crime Statistics: Revisiting the Divergence of the NCVS and UCR. New York: Cambridge University Press, 2007.Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press, 2006. http://dx.doi.org/10.1093/acprof:oso/9780195149326.001.0001and .Slavery and the Supreme Court, 1825–1861. Lawrence: University Press of Kansas, 2009.Social Theory and Social Structure. New York: Free Press, 1949..Cops and Bobbies: Police Authority in New York and London, 18301870. Chicago: University of Chicago Press, 1973.Police in Urban America, 1860–1920. New York: Cambridge University Press, 1981. http://dx.doi.org/10.1017/CBO9780511572449."The Eye That Never Sleeps": A History of the Pinkerton National Detective Agency. Bloomington: Indiana University Press, 1982..The Mismeasure of Crime. Thousand Oaks, CA: Sage, 2002., , and .Mullings, Leith, ed. Cities of the United States: Studies in Urban Anthropology. New York: Columbia University Press, 1987.Take Back Your Neighborhood. New York: Donald I. Fine, 1990..Attica: My Story. New York: Doubleday, 1972.,Murder in America: A History. Columbus: Ohio State University Press, 1997..Police on Screen: Hollywood Cops, Detectives, Marshals, and Rangers. London: McFarland & Co., 2006..Gunfighters, Highwaymen, and Vigilantes: Violence on the Frontier. Berkeley: University of California Press, 1984..McShane, Marilyn D. and P. Frank Williams, III, eds. Youth Violence and Delinquency: Monsters and Myths. Westport, CT: Praeger Publishers, 2007.The Business of Crime: Italians and Syndicate Crime in the United States. Chicago: University of Chicago Press, 1976.The Death Penalty: America's Experience With Capital Punishment. New York: Oxford University Press, 2008., , and .Peerenboom, Randall, ed. Asian Discourses of Rule of Law: Theories and Implementation of Rule of Law. London: Routledge, 2004. http://dx.doi.org/10.4324/9780203317938Alcoholism in Human Violence. New York: Guilford Press, 1991..The Child Savers: The Invention of Delinquency. Chicago: University of Chicago Press, 1969.Law, Pragmatism, Democracy, Boston: Harvard University Press, 2005..War on Crime: Bandits, G-men, and the Politics of Mass Culture. New Brunswick, NJ: Rutgers University Press, 1998..The Western Peace Officer: A Legacy of Law and Order. Norman: University of Oklahoma Press, 1981.Bearing Witness to Crime and Social Justice. Albany: State University of New York Press, 2000..The Battered Child. Chicago: University of Chicago Press, 1968.When Abortion Was a Crime: Women, Medicine and Law in the United States, 1867–1973. Berkeley: University of California Press, 1997.Heinous Crime: Cases, Causes, and Consequences. New York: Columbia University Press, 2005.Census of State and Local Law Enforcement Agencies, 2008. NCJ 233982. Washington, DC: U.S. Department of Justice, 2011.The Sodomy Cases:Bowers v. Hardwick and Lawrence v. Texas. Lawrence: University Press of Kansas, 2009.Love For Sale: A World History of Prostitution. New York: Grove Press, 2004.,Writing for Their Lives: Death Row U.S.A. Champaign: University of Illinois Press, 2007..The Lost Sisterhood: Prostitution in America 1900–1918. Baltimore, MD: Johns Hopkins University Press, 1982..Rosenberg, Mark L. and Mary Ann Fenley, eds. Violence in America: A Public Health Approach. New York: Oxford University Press, 1991.[Page 2504]Crime and Punishment: A History of the Criminal Justice System. Belmont, CA: Wadsworth, 2011.Profits, Power and Prohibition: Alcohol Reform and the Industrializing of America, 1800–1930. Albany: State University of New York Press, 1989..Degradation: What the History of Obscenity Tells Us About Hate Speech. New York: New York University Press, 2011..Military Criminal Justice: Practice and Procedure. New York: Lexis- Nexis, 2008..Corrections: An Introduction. Upper Saddle River, NJ: Pearson Prentice Hall, 2011.Corrections Today. Belmont, CA: Cengage, 2011.and .Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear. New York: Oxford University Press, 2007..Religion and the Development of the American Penal System. Lanham, MD: University Press of America, 2000..Fighting Organized Crime: Politics, Justice and the Legacy of Thomas E. Dewey. Lebanon, NH: Northeastern University Press, 1995..The American Sheriff. Joliet, IL: SL Publishing/JRI, 1994.The Collapse of American Criminal Justice. Cambridge, MA: Harvard University Press, 2011. http://dx.doi.org/10.4159/harvard.9780674062603Media, Crime and Criminal Justice: Images and Realities. Pacific Grove, CA: Brooks/Cole, 1992.Juvenile Justice in the Making. New York: Oxford University Press, 2004..The Nine: Inside the Secret World of the Supreme Court. New York: Random House, 2007..Criminality and Legal Order. Chicago: Rand McNally, 1969..Law in Modern Society: Towards a Criticism of Social Theory. New Yark: Free Press, 1976..Handgun Wounding Factors and Effectiveness. Quantico, VA: FBI Academy, 1989..U.S. Department of Justice. Blueprint for the Future of the Uniform Crime Reporing Program. Washington, DC: United States Department of Justice, 1985.The Fiery Cross: The Ku Klux Klan in America. New York: Simon & Schuster, 1987..To Protect and Serve. Upper Saddle River, NJ: Pearson Prentice Hall, 2004.and .Waldrep, Christopher and Michael Bellesiles, eds. Documenting American Violence: A Sourcebook. New York: Oxford University Press, 2006.The Death Penalty: Essential Viewpoints. Edina, MN: ABDO Publishing, 2008..American Reformers, 18151860. New York: Hill and Wang, 1978..Forensic Medicine in Western Society: A History. New York: Routledge, 2011.Drug Court Justice: Experiences in a Juvenile Drug Court. New York: Peter Lang Publishing, 2008.Attica: A Time to Die. New York: Quadrangle/New York Times Books, 1975.,Law's Imagined Republic: Popular Politics and Criminal Justice in Revolutionary America. New York: Cambridge University Press, 2010. http://dx.doi.org/10.1017/CBO9780511844997The Crucible of Race: Black-White Relations in the American South Since Emancipation. New York: Oxford University Press, 1984..Thinking About Crime. New York: Basic Books, 1975.The Black Codes of the South. Tuscaloosa: University of Alabama Press, 1987.Crime and Punishment in America. New York: Facts on File, 2010. Resource Guide 2505and . [Page 2505]The Brethren: Inside the Supreme Court. New York: Simon & Schuster, 1979.and .Under the Gun: Weapons, Crime, and Violence in America. New York: Aldine, 1983., et al.The Criminal Personality, Volume I: A Profile for Change. New York: Jason Aronson, 1977.and .Polygamy: A Cross-Cultural Analysis. Oxford: Berg Publishers, 2008..The Contradictions of American Capital Punishment. New York: Oxford University Press, 2003..JournalsAggression and Violent BehaviorAmerican Journal of Legal HistoryAmerican Journal of SociologyBehavioral Sciences and the LawBulletin of the American Academy of Psychiatry and the LawCrime, Law and Social ChangeCrime and DelinquencyCrime and JusticeCriminal Justice and BehaviorCriminal Justice HistoryCriminologyCriminology & Criminal JusticeCritical CriminologyFederal Sentencing ReporterForensic Science, Medicine, and PathologyHarvard Law ReviewJournal of American Ethnic HistoryJournal of American StudiesJournal of Behavioral ProfilingJournal of Contemporary HistoryJournal of Criminal JusticeJournal of Criminal Law and CriminologyJournal of Experimental CriminologyJournal of Family ViolenceJournal of Interpersonal ViolenceJournal of Police and Criminal PsychologyJournal of Popular CultureJournal of Quantitative CriminologyJournal of Research in Crime and DelinquencyJournal of Social HistoryJournal of the SouthwestJournal of Urban HistoryJustice QuarterlyLaw and CritiqueLaw and History ReviewLaw and Human BehaviorLaw and Society ReviewPublic InterestPunishment and SocietyTrends in Organized CrimeInternetAfter Prison: Roadblocks to Reentry http://www.lac.org/roadblocks-to-reentry/index.phpAmerican Bar Association—Criminal Justice Section http://www.americanbar.org/groups/criminal_justice.htmlAmerican National Archives http://www.archives.govAmerican Probation and Parole Association http://www.appa-net.org/ewebAssociation of State Correctional Administrators http://www.asca.netBureau of Justice Statistics http://bjs.ojp.usdoj.govCenter for Law and Social Policy (CLASP) http://www.clasp.orgCentral Intelligence Agency World Fact Book https://www.cia.gov/library/publications/the-world-factbookCouncil of State Governments—Justice Center http://www.justicecenter.csg.orgCrime Spider—Criminal Justice Directory http://www.crimespider.comCrimeReports http://www.crimereports.comCriminal Justice Direct http://cj-direct.comCriminal Justice Information Services (FBI) http://www.fbi.gov/about-us/cjisCriminal Justice Policy Foundation http://www.cjpf.orgCriminon International http://www.criminon.org[Page 2506]Federal Bureau of Investigation (FBI): Homepage http://www.fbi.govFederal Bureau of Investigation (FBI): Uniform Crime Reports http://www.fbi.gov/about-us/cjis/ucr/ucrFederal Bureau of Investigation (FBI): "The Vault" (Records) http://vault.fbi.govFederal Rules of Criminal Procedure http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/Overview/CriminalRules.aspxThe Fingerprint Sourcebook (National Institute of Justice) http://www.nij.gov/pubs-sum/225320.htmHomicide Trends in the United States (BJS) http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2221International Center for the Prevention of Crime http://www.crime-prevention-intl.orgJustice Policy Institute http://www.justicepolicy.org/index.htmlLegal Action Center http://www.lac.orgNational Conference of State Legislatures—Civil and Criminal Justice http://www.ncsl.org/issues-research.aspxNational Criminal Justice Reference Service (Office of Justice Programs) https://www.ncjrs.govNational Public Service Council to Abolish Private Prisons http://npsctapp.blogspot.comNolo Criminal Justice FAQs and Forms http://www.nolo.com/legal-encyclopedia/criminal-lawOffice of Justice Programs' Crime Solutions http://www.crimesolutions.govOfficer Down Memorial Page http://www.odmp.orgPresident's Task Force on Identity Theft http://www.idtheft.govPrison Reform Movement blog http://prisonreformmovement.comPrison Scholar Fund http://www.prisonscholarfund.orgRight to Vote http://www.righttovote.orgSentencing Project http://www.sentencingproject.org/template/index.cfmSourcebook of Criminal Justice Statistics (University at Albany) http://www.albany.edu/sourcebookStanford Criminal Justice Center http://www.law.stanford.edu/program/centers/scjcUnited States Crime Rates 1960–2010 (Disaster Center) http://www.disastercenter.com/crime/uscrime.htm
Photo Credits
VOLUME 1: Library of Congress: 3, 9, 13, 15, 19, 22, 25, 28, 32, 36, 43, 45, 48, 53, 60, 65, 69, 80, 83, 112, 115, 116, 119, 121, 130, 133, 135, 139, 142, 144, 146, 153, 157, 159, 160, 168, 184, 192, 205, 213, 219, 228, 237, 240, 243, 247, 252, 254, 256, 259, 271, 280, 295, 331, 334, 339, 347, 350, 356, 367, 369, 372, 379, 404, 409, 412, 419, 417, 429, 441, 452, 458; U.S. Customs: 89, 149, 317, 423, 448; Wikimedia Commons: 50, 56, 66, 78, 86, 106, 110, 126, 173, 265, 277, 288, 362, 402, 461; White House Photo: 76; U.S. Army: 102; FEMA: 189; U.S. Marines: 194; U.S. Department of State: 211; National Archives and Records: 124, 198, 397; FBI: 451; U.S. Air Force: 226, 309, 312, 401; U.S. Coast Guard: 387; USAID: 231; Flickr: 6, 41, 62, 73, 93, 96, 100, 107, 165, 171, 177, 180, 200, 209, 222, 250, 274, 282, 293, 298, 303, 306, 315, 321, 324, 327, 342, 375, 383, 392, 432, 435, 436, 444.
VOLUME 2: Library of Congress: 473, 480, 487, 489, 492, 495, 501, 505, 508, 513, 518, 521, 527, 538, 551, 557, 564, 568, 599, 611, 615, 618, 622, 636, 652, 656, 658, 664, 666, 677, 681, 685, 691, 698, 703, 706, 710, 723, 732, 735, 736, 739, 741, 742, 746, 750, 754, 758, 762, 764, 768, 770, 772, 775, 780, 786, 798, 801, 806, 812, 817, 819, 823, 829, 832, 835, 839, 842, 845, 848, 857, 861, 865, 873, 876, 878, 881, 885, 887, 891, 896, 898, 904, 910, 914, 919, 921, 923, 924, 929, 939, 944, 947, 956, 959, 968; U.S. Customs: 608, 821, 852; National Archives and Records: 553, 592, 595, 966; U.S. Marines: 950; U.S. Air Force: 484; U.S. Army: 477, 560, 718, 854; NOAA: 544; FBI: 583, 585, 625, 639, 641, 777; SCG photo by Colin White: 547; FEMA: 806; National Library of Medicine: 602; U.S. Coast Guard: 588, 633; U.S. Fish & Wildlife Services: 629; Wikimedia Commons: 468, 499, 517, 525, 574, 576, 613, 673, 688, 722, 724 (Shane McCoy), 784, 871, 953, 970; Flickr: 465, 466, 530 (Monica Palmer), 534, 541 (Jay Lee), 580, 606, 644, 669, 686, 715, 791, 794, 825, 908, 933, 941, 963.
VOLUME 3: Library of Congress: 976, 981, 985, 988, 996, 1003, 1010, 1014, 1020, 1024, 1029, 1033, 1035, 1036, 1044, 1055, 1061, 1062, 1065, 1071, 1074, 1077, 1080, 1083, 1086, 1106, 1109, 1129, 1132, 1135, 1138, 1144, 1147, 1155, 1158, 1180, 1183, 1166, 1188, 1199, 1206, 1210, 1216, 1223, 1232, 1237, 1274, 1300, 1303, 1331, 1369, 1419, 1423, 1438, 1446; U.S. Customs: 1103; Kay Chernush for U.S. Department of State: 1461; U.S. Immigration Services: 129; Department of Interior: 1196; FEMA: 1091, 1287; FBI: 1097, 1208; U.S. Army: 1394; U.S. Air Force: 1379; U.S. Navy: 1100; White House Photo: 1272; The Cleveland Press Collection, Michael Schwartz Library, Cleveland State University: 1068; Flickr: 1000, 1007; ThinkStock: 1246; Division of Probation and Parole: 1433; http://Photos.com: 1226, 1231, 1240, 1243 (both), 1256, 1258, 1279, 1343, 1349, 1355, 1415, 1451; Wikimedia Commons: 983, 922, 1017, 1040, 1050, 1118, 1123, 1124, 1142, 1150, 1168, 1171, 1191, 1213, 1220, 1235, 1239, 1251 (Dave Shankbone), 1253, 1262, 1267, 1270, 1275, 1282, 1284, 1290, 1292, 1299, 1306, 1309, 1312, 1317, 1320, 1323, 1327, 1329, 1334, 1337, 1341, 1347, 1362, 1373, 1384, 1398, 1401, 1404, 1408, 1410, 1424, 1428, 1443, 1457, 1467, 1470, 1473, 1476; Kentucky State Police: 1167; Leland Police Department, South Carolina: 1264; National Archives and Records: 1058, 1094, 1112, 1115, 1162, 1176, 1202; National Library of Medicine: 1157; Bergen Country Sheriff: 1193; Morguefile: 1353.
VOLUME 4: Library of Congress: 1480, 1516, 1537, 1553, 1555, 1581, 1588, 1591, 1598, 1621, 1675, 1689, 1682, 1692, 1705, 1710, 1716, 1720, 1723, 1783, 1808, 1826, 1847, 1862, 1866, 1887, 1914, 1981; U.S. Senate: 512, 1540; White House Photo: 1632, 1853; Canon City Local History Center: 1515; Wikimedia Commons: 1483, 1484, 1490, 1492, 1498, 1503, 1508, 1510, 1512, 1519, 1526, 1529, 1531, 1534, 1546, 1548, 1564, 1571, 1574, 1584, 1596, 1601, 1607, 1610, 1612, 1617, 1623, 1626, 1629, 1636, 1638, 1641, 1644, 1647, 1649, 1653, 1659, 1665, 1671, 1677, 1680, 1683, 1686, 1694, 1696, 1698, 1701 (Jake DeGroot), 1707, 1713, 1728, 1738, 1746, 1759, 1764, 1769, 1772, 1778, 1791, 1794, 1803, 1810, 1831, 1837, 1841, 1855, 1858, 1864, 1869, 1872 (Jeff Granbery), 1875, 1878, 1880, 1883, 1905, 1908 (Joe Mable), 1911, 1916, 1920, 1924, 1929, 1930, 1945, 1959, 1963 (both), 1971, 1989; http://Photos.com: 1487, 1495, 1522, 1543, 1550, 1558, 1569, 1730, 1733, 1740, 1749, 1753, 1775, 1799, 1876, 1892, 1902, 1933, 1934, 1949, 1956, 1965; U.S. Army: 1656, 1669; Kansas Historical Society: 1561; ThinkStock: 1566; NASA: 1603, 1850; National Archives and Records: 1578, 1615, 1619, 1726, 1845; Department of Defense: 1756; StockXchange: 1815, 1821; Flickr: 1786 (Wally Gobetz).
VOLUME 5: Library of Congress: 1996, 2000, 2003, 2032, 2035, 2036, 2040, 2045, 2065, 2066, 2070, 2073, 2074, 2099, 2100, 2104, 2107, 2108, 2111, 2163, 2164, 2167, 2168, 2171 (both), 2172, 2175, 2178, 2203, 2206, 2209, 2210, 2213, 2216, 2267 (right), 2269, 2270, 2272, 2349, 2417; Wikimedia Commons: 1999, 2031, 2039, 2069, 2340, 2422, 2455; Sandia National Archives and Records: 2274, 2276; National Laboratory: 2461; White House Photo: 2458 (Eric Draper); U.S. Drug Enforcement Agency: 2451; National Library of Medicine: 2352, 2357, 2408, 2457; Department of Defense: 2447, 2448; http://Photos.com: 2411, 2414; National Park Service: 1993; Wyoming State: 2421; National Archives: 2006; 2264; 2267 (left); 2339, 2343, 2346, 2418, 2425, 2444.