Crime And Punishment In American History Part 21

31 There were, however, jails in the District of Columbia. The "United States jail" was built in the district in the 1870s-an "imposing-looking edifice" of stone. See Mary H. Oakey, There were, however, jails in the District of Columbia. The "United States jail" was built in the district in the 1870s-an "imposing-looking edifice" of stone. See Mary H. Oakey, Journey from the Gallows, Journey from the Gallows, p. 55. p. 55.

32 24 Stats. 411, chap. 213 (act of Feb. 23, 1887). 24 Stats. 411, chap. 213 (act of Feb. 23, 1887).

33 Annual Report, Attorney General of the United States, 1889 Annual Report, Attorney General of the United States, 1889, p. xi.

34 Friedman and Percival, Friedman and Percival, Roots of Justice Roots of Justice, p. 300. The federal prisoners in 1905 were better off than the county prisoners, whose daily allowance was a mere twenty-five cents and who got only two meals a day instead of three.

35 Harry F. Bames and Neglect K. Teeters, Harry F. Bames and Neglect K. Teeters, New Horizons in Criminology New Horizons in Criminology (1943), pp. 675-76. (1943), pp. 675-76.

36 46 Stats. 325, chap. 274 (act of May 14, 1930). 46 Stats. 325, chap. 274 (act of May 14, 1930).

37 Blake McKelvey, Blake McKelvey, American Prisons American Prisons (1936), p. 228. (1936), p. 228.

38 Attorney General's Survey of Release Procedures: Prisons, U.S. Department of Justice, 1940 Attorney General's Survey of Release Procedures: Prisons, U.S. Department of Justice, 1940, p. 309.

39 U.S. Department of Justice, Federal Bureau of Prisons, U.S. Department of Justice, Federal Bureau of Prisons, Statistical Report: Fiscal Year 1986 Statistical Report: Fiscal Year 1986, p. 16.

40 U.S. Department of Justice, Federal Bureau of Prisons, U.S. Department of Justice, Federal Bureau of Prisons, 1989 State of the Bureau 1989 State of the Bureau, p. 54.

41 Richard Hawkins and Geoffrey P. Alpert, Richard Hawkins and Geoffrey P. Alpert, American Prison Systems American Prison Systems (1989), p. 55. (1989), p. 55.

42 Margaret Wemer Cahalan, Margaret Wemer Cahalan, Historical Corrections Statistics in the United States Historical Corrections Statistics in the United States, 1850-1984 1850-1984 (1986), table 3.2, p. 29. The state figures do not include prisoners in local jails, which is a sizeable population on its own. The prison figures, of course, reflect the more serious crimes. (1986), table 3.2, p. 29. The state figures do not include prisoners in local jails, which is a sizeable population on its own. The prison figures, of course, reflect the more serious crimes.

43 David R. Johnson, David R. Johnson, American Law Enforcement: A History American Law Enforcement: A History (1981), p. 168. (1981), p. 168.

44 Ungar, Ungar, FBI FBI, p. 40.

45 Fred J. Cook, Fred J. Cook, The FBI n.o.body Knows The FBI n.o.body Knows (1964), p. 420. (1964), p. 420.

46 Johnson, Johnson, American Law Enforcement, American Law Enforcement, p. 174. p. 174.

47 Samuel Walker, Samuel Walker, Popular Justice: A History of American Criminal Justice Popular Justice: A History of American Criminal Justice (1980), p. 184. (1980), p. 184.

48 Ungar, Ungar, FBI FBI, p. 57.

49 See Taylor Branch, See Taylor Branch, Parting the Waters: America in the King Years Parting the Waters: America in the King Years, 1954-63 1954-63 (1989). (1989).

50 William W. Keller, William W. Keller, The Liberals and J. Edgar Hoover: Rise and Fall of a Domestic Intelligence State The Liberals and J. Edgar Hoover: Rise and Fall of a Domestic Intelligence State (1989), p. 6. (1989), p. 6.

51 Walker, Walker, Popular Justice Popular Justice, pp. 186-87.

52 Victoria W. Schneider and Brian Wiersema, "Limits and Use of the Uniform Crime Reports," in D. MacKenzie, P. Baunach, and R. Roberg, eds., Victoria W. Schneider and Brian Wiersema, "Limits and Use of the Uniform Crime Reports," in D. MacKenzie, P. Baunach, and R. Roberg, eds., Measuring Crime: Large-Scale, Long-Range Efforts Measuring Crime: Large-Scale, Long-Range Efforts (1990), pp. 21-23. (1990), pp. 21-23.

53 Richard Maxwell Brown, Richard Maxwell Brown, Strain of Violence: Historical Studies of American Violence and Vigilantism Strain of Violence: Historical Studies of American Violence and Vigilantism (1975), pp. 160-61. (1975), pp. 160-61.

54 See William H. Moore, See William H. Moore, The Kefauver Committee and the Politics of Crime 1950-1952 The Kefauver Committee and the Politics of Crime 1950-1952 (1974); another account, equally disparaging, is in Michael Woodiwiss, (1974); another account, equally disparaging, is in Michael Woodiwiss, Crime Crime, Crusades and Corruption: Prohibitions in the United States Crusades and Corruption: Prohibitions in the United States, 1900-1987 1900-1987 (1988), chaps. 10, 11. (1988), chaps. 10, 11.

55 Moore, Moore, The Kefauver Committee The Kefauver Committee, p. 189.

56 Walker, Walker, Popular Justice Popular Justice, pp. 206-8.

57 Thomas E. Cronin, Tania Z. Cronin, and Michael E. Milakovich, Thomas E. Cronin, Tania Z. Cronin, and Michael E. Milakovich, U.S. v. Crime in the Streets U.S. v. Crime in the Streets (1981), p. 28. (1981), p. 28.

58 Walker, Walker, Political Justice Political Justice, pp. 173-77.

59 Morris Ploscowe, "Some Causative Factors in Criminality," in National Commission on Law Observance and Enforcement, Morris Ploscowe, "Some Causative Factors in Criminality," in National Commission on Law Observance and Enforcement, Report on the Causes of Crime Report on the Causes of Crime, Vol. 1 (1931), p. 137.

60 Quoted in Malcolm M. Feeley and Austin D. Sarat, Quoted in Malcolm M. Feeley and Austin D. Sarat, The Policy Dilemma: Federal Crime Policy and the Law Enforcement a.s.sistance Administration The Policy Dilemma: Federal Crime Policy and the Law Enforcement a.s.sistance Administration (1980), p. 35. (1980), p. 35.

61 Ibid., pp. 36-37. Ibid., pp. 36-37.

62 82 Stats. 197 (act of June 19, 1968). 82 Stats. 197 (act of June 19, 1968).

63 On the history of the rise and fall of LEAA, see Walker, On the history of the rise and fall of LEAA, see Walker, Popular Justice Popular Justice , pp. 232-38; and Feeley and Sarat, , pp. 232-38; and Feeley and Sarat, The Policy Dilemma The Policy Dilemma.

64 Feeley and Sarat, Feeley and Sarat, The Policy Dilemma The Policy Dilemma, p. 91.

65 New York Times New York Times, Jan. 29, 1992 (national ed.), p. A14.

CHAPTER 13. CRIME ON THE STREETS; CRIME IN THE SUITES.

1 Annual Report, Police Commissioner of the City of New York, year ending Dec Annual Report, Police Commissioner of the City of New York, year ending Dec. 31, 1906 (1907), p. 19.

2 Laws Cal. 1925, p. 396. Laws Cal. 1925, p. 396.

3 Laws Cal. 1931, chap. 1026, p. 2108. Laws Cal. 1931, chap. 1026, p. 2108.

4 Laws N.Y. 1910, Vol. 1, chap. 374, sec. 287, p. 681. Laws N.Y. 1910, Vol. 1, chap. 374, sec. 287, p. 681.

5 Any driver who knows he has caused injury to person or property, and who leaves the scene "without stopping and giving his name, residence, including street and street number" and his license number, could get up to two years in prison in addition to revocation of license. Ibid., sec. 290(3), p. 685. Any driver who knows he has caused injury to person or property, and who leaves the scene "without stopping and giving his name, residence, including street and street number" and his license number, could get up to two years in prison in addition to revocation of license. Ibid., sec. 290(3), p. 685.

6 George Warren, George Warren, Traffic Courts Traffic Courts (1942), p. 9. (1942), p. 9.

7 Supplemental Report, Senate Interim Committee on Traffic and Motor Vehicle Violations, Supplemental Report, Senate Interim Committee on Traffic and Motor Vehicle Violations, State of California (1950), p. 24. State of California (1950), p. 24.

8 John A. Gardiner, John A. Gardiner, Traffic and the Police: Variations in Law-Enforcement Traffic and the Police: Variations in Law-Enforcement Policy (1969), pp. 27-28. Policy (1969), pp. 27-28.

9 Annual Report, Administrative Office of the Courts, Annual Report, Administrative Office of the Courts, North Carolina Courts, 1989-1990, North Carolina Courts, 1989-1990, p. 237. p. 237.

10 Michigan State Courts, Annual Report, 1988, Michigan State Courts, Annual Report, 1988, p. 47. The felony cases in this court were preliminary examinations only. p. 47. The felony cases in this court were preliminary examinations only.

11 See, in general, Warren, See, in general, Warren, Traffic Traffic Courts, Courts, for a picture of these courts in operation in the period of the Second World War; on the traffic bureau of the Columbus, Ohio, munic.i.p.al court in the 1930s, see William J. Blackburn Jr., for a picture of these courts in operation in the period of the Second World War; on the traffic bureau of the Columbus, Ohio, munic.i.p.al court in the 1930s, see William J. Blackburn Jr., The Administration of Criminal Justice in Franklin County, Ohio The Administration of Criminal Justice in Franklin County, Ohio (1935), pp. 198-203. (1935), pp. 198-203.

12 Warren, Warren, Traffic Courts Traffic Courts, pp. 81-82.

13 American Bar a.s.sociation, American Bar a.s.sociation, A Report on South Carolina Traffic Courts A Report on South Carolina Traffic Courts (1968), p. 145. (1968), p. 145.

14 Warren, Warren, Traffic Courts Traffic Courts, p. 114.

15 Ibid., p. 112. Ibid., p. 112.

16 American Bar a.s.sociation, American Bar a.s.sociation, A Report to the State of Oklahoma on the System of Courts Which Adjudicate Traffic Cases A Report to the State of Oklahoma on the System of Courts Which Adjudicate Traffic Cases (1958), p. 99. (1958), p. 99.

17 Laws N.Y. 1910, Vol. 1, chap. 374, sec. 290(3). Laws N.Y. 1910, Vol. 1, chap. 374, sec. 290(3).

18 Josephine Y. King and Mark Tipperman, "The Offense of Driving While Intoxicated: The Development of Statutory and Case Law in New York," Josephine Y. King and Mark Tipperman, "The Offense of Driving While Intoxicated: The Development of Statutory and Case Law in New York," Hofstra Law Review Hofstra Law Review 3:541 (1975); Laws N.Y. 1926, chap. 732, p. 1369; Laws N.Y. 1941, chap. 726, p. 1623. 3:541 (1975); Laws N.Y. 1926, chap. 732, p. 1369; Laws N.Y. 1941, chap. 726, p. 1623.

19 Laws N.Y. 1953, chap. 854, p. 1876. The police, however, had to have "reasonable grounds to suspect such person of driving in an intoxicated condition." Laws N.Y. 1953, chap. 854, p. 1876. The police, however, had to have "reasonable grounds to suspect such person of driving in an intoxicated condition."

20 This was apparently a common practice in Missouri; see the empirical study reported in Edward H. Hunvald, Jr., and Franklin E. Zimring, "Whatever Happened to Implied Consent? A Sounding," This was apparently a common practice in Missouri; see the empirical study reported in Edward H. Hunvald, Jr., and Franklin E. Zimring, "Whatever Happened to Implied Consent? A Sounding," Missouri Law Review Missouri Law Review 33: 323 (1968). 33: 323 (1968).

21 Harry Kalven, Jr., and Hans Zeisel, Harry Kalven, Jr., and Hans Zeisel, The American Jury The American Jury (1966), pp. 293-97. (1966), pp. 293-97.

22 Joseph W. Little, Joseph W. Little, Administration of Justice in Drunk Driving Cases Administration of Justice in Drunk Driving Cases (1975), pp. 192-93. (1975), pp. 192-93.

23 James B. Jacobs, James B. Jacobs, Drunk Driving: An American Dilemma Drunk Driving: An American Dilemma (1989), pp. xiv, xv. (1989), pp. xiv, xv.

24 Ibid., p. 60. See also Joseph R. Gusfield, Ibid., p. 60. See also Joseph R. Gusfield, The Culture of Public Problems: Drinking-Driving and the Symbolic Order The Culture of Public Problems: Drinking-Driving and the Symbolic Order (1981). (1981).

25 H. Laurence Ross and Robert B. Voas, "The New Philadelphia Story: The Effects of Severe Punishment for Drunk Driving," H. Laurence Ross and Robert B. Voas, "The New Philadelphia Story: The Effects of Severe Punishment for Drunk Driving," Law and Policy Law and Policy 12:51 (1990). 12:51 (1990).

26 34 Stats. 768, chap. 3915 (act of June 30, 1906). 34 Stats. 768, chap. 3915 (act of June 30, 1906).

27 49 Stats. 449, chap. 372 (act of July 5, 1935), sec. 12. Violation of this section exposed the violator to a fine of up to $5,000, or a prison sentence of up to one year. 49 Stats. 449, chap. 372 (act of July 5, 1935), sec. 12. Violation of this section exposed the violator to a fine of up to $5,000, or a prison sentence of up to one year.

28 Sam B. Warner and Henry B. Cabot, "Changes in the Administration of Criminal Justice During the Past Fifty Years," Sam B. Warner and Henry B. Cabot, "Changes in the Administration of Criminal Justice During the Past Fifty Years," Harvard Law Review Harvard Law Review 50: 583, 614-15 (1937). 50: 583, 614-15 (1937).

29 Laws Ohio, 1911, pp. 53, 56, 127, 427. Laws Ohio, 1911, pp. 53, 56, 127, 427.

30 Laws Ohio, 1911, p. 586. Laws Ohio, 1911, p. 586.

31 Annual Report, Police Commissioner of the City of New York, year ending Dec. 31, 1907 Annual Report, Police Commissioner of the City of New York, year ending Dec. 31, 1907 (1908), pp. 162-63. The total number of arrests was over 200,000. (1908), pp. 162-63. The total number of arrests was over 200,000.

32 See Marshall B. Clinard, See Marshall B. Clinard, The Black Market; A Study of White Collar Crime The Black Market; A Study of White Collar Crime (1952). (1952).

33 Clinard, Clinard, Black Market, Black Market, pp. 238-40. pp. 238-40.

34 Ibid., p. 149. Ibid., p. 149.

35 Judy L. Whalley, "Crime and Punishment-Criminal Ant.i.trust Enforcement in the 1990s," Judy L. Whalley, "Crime and Punishment-Criminal Ant.i.trust Enforcement in the 1990s," Ant.i.trust Law Journal Ant.i.trust Law Journal 59:151 59:151 (1990). (1990). I am indebted to Jack Szczepanowski for this reference. I am indebted to Jack Szczepanowski for this reference.

36 The Federal Trade Commission Act is 38 Stats. 717, chap. 311 (act of Sept. 26, 1914); the Clayton Act is 38 Stats. 730, chap. 323 (act of Oct. 15, 1914); the resale price maintenance law is 50 Stats. 693 (act of Aug. 17, 1937). The Federal Trade Commission Act is 38 Stats. 717, chap. 311 (act of Sept. 26, 1914); the Clayton Act is 38 Stats. 730, chap. 323 (act of Oct. 15, 1914); the resale price maintenance law is 50 Stats. 693 (act of Aug. 17, 1937).

37 467 Fed. 2d 1000 (C.A. 9, 1972; cert. den. 93 S.Ct. 938, 1973). 467 Fed. 2d 1000 (C.A. 9, 1972; cert. den. 93 S.Ct. 938, 1973).

38 467 Fed. 2d at 1004. 467 Fed. 2d at 1004.

39 La. Acts 1910, No. 150; the earlier laws were Laws La. 1880, no. 20; Laws La. 1882, no. 82; Laws La. 1914, no. 282. La. Acts 1910, No. 150; the earlier laws were Laws La. 1880, no. 20; Laws La. 1882, no. 82; Laws La. 1914, no. 282.

40 La. Acts 1898, Act 68, p. 93. La. Acts 1898, Act 68, p. 93.

41 Laws N.H. 1885, chap. 68, sec. 1. The material on oleomargarine regulation is drawn from Geoffrey P. Miller, "Public Choice at the Dawn of the Special Interest State: The Story of b.u.t.ter and Margarine," Laws N.H. 1885, chap. 68, sec. 1. The material on oleomargarine regulation is drawn from Geoffrey P. Miller, "Public Choice at the Dawn of the Special Interest State: The Story of b.u.t.ter and Margarine," California Law Review California Law Review 77:83 (1979). 77:83 (1979).

42 24 Stats. 209 (act of Aug. 2, 1886). 24 Stats. 209 (act of Aug. 2, 1886).

43 46 Stats. 1549 (act of March 4, 1931). 46 Stats. 1549 (act of March 4, 1931).

44 Laws Wis. 1967, chap. 42, p. 44. Laws Wis. 1967, chap. 42, p. 44.

45 Upton Sinclair, Upton Sinclair, American Outpost: A Book of Reminiscences American Outpost: A Book of Reminiscences (1932), p. 154. (1932), p. 154.

46 Peter Temin, "The Origin of Compulsory Drug Prescriptions," Peter Temin, "The Origin of Compulsory Drug Prescriptions," Journal of Law and Economics Journal of Law and Economics 22:91 (1979). 22:91 (1979).

47 Ralph P. Schipa, "The Desirability of Uniform Food Laws," Ralph P. Schipa, "The Desirability of Uniform Food Laws," Food, Drug, Cosmetic Law Quarterly Food, Drug, Cosmetic Law Quarterly 3:518, 522 (1948). 3:518, 522 (1948).

48 Laws Ind. 1939, chap. 38, p. 140. Laws Ind. 1939, chap. 38, p. 140.

49 Laws Wyo. 1929, chap. 103, sees. 1, 6, pp. 172, 174. It is something of a disappointment to learn that selling these disgusting eggs was a mere misdemeanor, carrying a fine of between $25 and $100. Laws Wyo. 1929, chap. 103, sees. 1, 6, pp. 172, 174. It is something of a disappointment to learn that selling these disgusting eggs was a mere misdemeanor, carrying a fine of between $25 and $100.

50 Richard Curtis Litman and Donald Saunders Litman, "Protection of the American Consumer: The Muckrakers and the Enactment of the First Federal Food and Drug Law in the United States," Richard Curtis Litman and Donald Saunders Litman, "Protection of the American Consumer: The Muckrakers and the Enactment of the First Federal Food and Drug Law in the United States," Food, Drug, Cosmetic Law Journal Food, Drug, Cosmetic Law Journal 36:641, 651-52 (1981). 36:641, 651-52 (1981).

51 Sutherland had been using the term for more than a decade before his monograph appeared. See Gil Geis and Colin Goff, "Edwin H. Sutherland's 'White Collar Crime in America': An Essay in Historical Criminology," in Sutherland had been using the term for more than a decade before his monograph appeared. See Gil Geis and Colin Goff, "Edwin H. Sutherland's 'White Collar Crime in America': An Essay in Historical Criminology," in Criminal Justice History, Criminal Justice History, Vol. 7 (1986), p. 1. Vol. 7 (1986), p. 1.

52 Stanton Wheeler, Kenneth Mann, and Austin Sarat, Stanton Wheeler, Kenneth Mann, and Austin Sarat, Sitting in Judgment: The Sentencing of White-Collar Criminals Sitting in Judgment: The Sentencing of White-Collar Criminals (1988), p. 5. (1988), p. 5.

53 See Stanton Wheeler and Mitch.e.l.l L. Rothman, "The Organization as Weapon in White-Collar Crime," See Stanton Wheeler and Mitch.e.l.l L. Rothman, "The Organization as Weapon in White-Collar Crime," Michigan Law Review Michigan Law Review 80:1403 (1982). 80:1403 (1982).

54 On the Teapot Dome scandal, see Francis X. Busch, On the Teapot Dome scandal, see Francis X. Busch, Enemies of the State Enemies of the State (1954); and Morris R. Werner, (1954); and Morris R. Werner, Teapot Dome Teapot Dome (1959). (1959).

55 Geis and Goff, "Edwin H. Sutherland's White Collar Crime," p. 5. Geis and Goff, "Edwin H. Sutherland's White Collar Crime," p. 5.

56 48 Stats. 881 (act of June 6, 1934). On the history and early enforcement of the SEC act, see Michael E. Parrish, 48 Stats. 881 (act of June 6, 1934). On the history and early enforcement of the SEC act, see Michael E. Parrish, Securities Regulation and the New Deal Securities Regulation and the New Deal (1970). (1970).

57 Susan P. Shapiro, Susan P. Shapiro, Wayward Capitalists Wayward Capitalists (1984), p. 5. (1984), p. 5.

58 See Kitty Calavita and Henry N. Pontell, "'Heads I Win, Tails You Lose': Deregulation, Crime, and Crisis in the Savings and Loan Industry," See Kitty Calavita and Henry N. Pontell, "'Heads I Win, Tails You Lose': Deregulation, Crime, and Crisis in the Savings and Loan Industry," Crime and Delinquency Crime and Delinquency 36:309 (1990). 36:309 (1990).

59 David Weisburd et al., David Weisburd et al., Crimes of the Middle Cla.s.ses: White-Collar Offenders in the Federal Courts Crimes of the Middle Cla.s.ses: White-Collar Offenders in the Federal Courts (1991), p. 4. (1991), p. 4.

60 Weisburd et al., Weisburd et al., Crimes of the Middle Cla.s.ses, Crimes of the Middle Cla.s.ses, p. 131. p. 131.

61 Despite "frantic appeals," Leona Helmsley was sentenced to four years in prison ( Despite "frantic appeals," Leona Helmsley was sentenced to four years in prison (New York Times, Dec. 13, 1989, p. B1). On Boesky, see, for example, Dec. 13, 1989, p. B1). On Boesky, see, for example, Washington Post, Washington Post, May 10, 1987, p. A1. May 10, 1987, p. A1.