Crime and Punishment in American History - Lawrence M. Friedman [316]
68 R. L. Dugdale, “The Jukes”: A Study in Crime, Pauperism, Disease, and Heredity (1877), p. 7.
69 Rennie, The Search for Criminal Man, p. 79.
70 Dugdale, “The Jukes,” p. 13.
71 Ibid., p. 47.
72 Henry M. Boies, Prisoners and Paupers (1893), p. 266.
73 Ibid., pp. 267, 270.
74 Mark H. Haller, Eugenics: Hereditarian Attitudes in American Thought (1963), pp. 48—49.
75 See, in general, Thomas Maeder, Crime and Madness: The Origins and Evolution of the Insanity Defense (1985).
76 4 Blackstone’s Commentaries 24.
77 Daniel M‘Naghten’s Case, 10 Cl. and Fin. 200, 210, 8 Eng. Rep. 718 (H.L., 1843). See R. Moran, Knowing Right from Wrong: The Insanity Defense of Daniel McNaughtan (1981). (There are about a dozen ways to spell the name of the defendant, and none of them is totally canonical. This leaves an author free to take his pick.)
78 The New York Judicial Repository (1818), pp. 14, 34.
79 3 Laws N.Y. 1881, p. 5; Penal Code, Title 1, secs. 20, 21, 23.
80 This skeptical account comes from the San Diego Union, Feb. 7, 1896, p. 5.
81 Ronald White, “The Trial of Abner Baker, Jr., M.D.. Monomania and McNaughtan Rules in Antebellum America,” Bulletin of the American Academy of Psychiatry and the Law, 18:223 (1990).
82 Joel P. Bishop, Commentaries on the Criminal Law (Vol. 1, 2d ed., 1858), p. 335.
83 State v. Felter, 25 Iowa 67 (1868).
84 State v. Pike, 49 N.H. 399 (1869).
85 State v. Pike, at 402; Maeder, op. cit., p. 46.
86 State v. Pike, at 435, 438.
87 The trial is recounted in Charles E. Rosenberg, The Trial of the Assassin Guiteau (1968).
88 Ibid., pp. 237, 244—48.
89 For an account of the trial, see John D. Lawson, ed., American State Trials, Vol. 12 (1919), p. 494. On Sickles, see Nat Brandt, The Congressman Who Got Away with Murder (1991).
90 Kenneth Lamott, Who Killed Mr. Crittenden? (1963), pp. 214—22. Laura Fair’s trial became a feminist issue; she was a woman, victimized by a man and facing trial before an all-male jury in an all-male system. See Barbara A. Babcock, “Clara Shortridge Foltz: ‘First Woman,’” Arizona Law Review 30:673, 679, n. 25 (1988).
91 Friedman and Percival, Roots of Justice, pp. 239—44.
92 Joel P. Bishop, Commentaries on the Criminal Law (2d ed., Boston, 1858), p. 341; see also the note, “Insanity Produced by Intemperance,” in American Jurist and Law Magazine, Vol. 3, no. 5, pp. 5—19 (Jan. 1830).
93 People v. Hammill, 2 Park. Crim. Rep. 243 (N.Y., 1855).
94 The New York penal code of 1881 codified this general doctrine. No act committed by a person “in a state of voluntary intoxication” was to be considered “less criminal” because of this condition. But if the “actual existence of any particular purpose, motive, or intent is a necessary element to constitute a particular species or degree of crime,” then the jury may take into consideration the “fact that the accused was intoxicated ... in determining the purpose, motive or intent with which he committed the act.” (3 Laws N.Y. 1881, p. 5; Penal Code, Title 1, sec. 22.)
95 Commonweath v. French, Reports of Criminal Cases tried in the Municipal Court of the City of Boston, before Peter Oxenbridge Thacher (ed. Horatio Woodman; Boston, 1845), p. 163 (March Term, 1827). Thacher told the jury that the case was different from one in which an adult, “by a free indulgence of strong liquors,” voluntarily deprives himself of his reason. It was, he said, certainly true that “but few crimes are committed by persons who are habitually temperate in the use of ardent spirits.”
96 Ibid.
CHAPTER 7. THE MECHANICS OF POWER II: PROFESSIONALIZATION AND REFORM IN THE LATE NINETEENTH CENTURY
1 Frederick H. Wines, Report on the Defective, Dependent, and Delinquent Classes of the Population of the United States, as Returned at the Tenth Census (June 1, 1880) (1888), p. 569.
2 Ibid., p. 566.
3 Samuel Walker, Popular Justice: A History of American Criminal Justice (1980), p. 61.
4 Robert M. Fogelson, Big-City Police (1977), pp. 14—15.
5 David R. Johnson, Policing the Urban Underworld: The Impact of Crime on the Development