Crime and Punishment in American History - Lawrence M. Friedman [323]
52 [Note:] “Medico-Legal Duties of Coroners,” American Law Register 6:385, 395 (1858).
53 Acts and Resolves, Gen’l. Court of Mass., 1877, chap. 200, p. 580. In Suffolk County, the medical examiner was to be paid a salary of $3,000; in other counties, pay was on a piecework basis: “for a view without an autopsy, four dollars; for a view and autopsy, thirty dollars,” plus travel expenses at the rate of five cents a mile “to and from the place of the view” (ibid., sec. 2).
54 See Charles H. Johnson, “The Wisconsin Coroner System,” Wisconsin Law Review 529, 536 (1951).
55 See, in general, Carl B. Klockars, The Professional Fence (1974); Jerome Hall, Theft, Law and Society (1935).
56 The best analysis of the data is in Eric H. Monkkonen, Police in Urban America, 1860—1920 (1981), chap. 2, pp. 65—85.
57 Ibid., pp. 76—77.
CHAPTER 10. WOMEN AND CRIMINAL JUSTICE TO THE END OF THE NINETEENTH CENTURY
1 George W. Walling, Recollections of a New York Chief of Police (1887), pp. 280—82.
2 James C. Mohr, Abortion in America (1978), pp. 48—50. Her colorful career has attracted a good deal of attention: see also Allan Keller, Scandalous Lady: The Life and Times of Madame Restell (1981); Clifford Browder, The Wickedest Woman in New York: Madame Restell, the Abortionist (1988).
3 Glenn Shirley, West of Hell’s Fringe: Crime, Criminals and the Federal Peace Officer in Oklahoma Territory, 1889—1907 (1978), pp. 242—50.
4 George Ellington, The Women of New York: or the Under-World of the Great City (1869; reprint ed., 1972), p. 441.
5 National Police Gazette, Nov. 28, 1896, p. 6.
6 National Police Gazette, Dec. 6, 1884, p. 6.
7 James D. McCabe, Jr., Lights and Shadows of New York Life; or the Sights and Sensations of the Great City (1872; reprint ed., 1970), p. 660; Edward Crapsey, The Nether Side of New York; or the Vice, Crime and Poverty of the Great Metropolis (1872; reprint ed., 1969), p. 122.
8 Allan Nevins and Milton H. Thomas, eds., The Diary of George Templeton Strong, Vol. 2 (1952), p. 57 (entry of July 7, 1851).
9 William Francis Kuntz, Criminal Sentencing in Three Nineteenth-Century Cities (1988), p. 370.
10 1 Blackstone’s Commentaries 28.
11 Charles Dickens, Oliver Twist (ed. Tilloston, 1966), p. 354.
12 Joel P. Bishop, Commentaries on the Criminal Law, Vol. 1 (2d ed., 1858), sec. 277, p. 316.
13 G. S. Rowe, “Femes Covert and Criminal Prosecution in Eighteenth-Century Pennsylvania,” American Journal of Legal History 32:138, 151—52 (1988).
14 See Laws Ga. 1811, No. 377, sec. 7, for example.
15 Freel v. State, 21 Ark. 212 (1860). Technically, the issue was whether the judge’s instructions to the jury on this point were correct or not. Presumably, the defendant had no evidence that her husband coerced her; and she was banking on a presumption of law: that is, that his mere presence implied coercion.
16 43 Ala. 316 (1869).
17 Commonwealth v. Reynolds, 114 Mass. 306 (1873).
18 Commonwealth v. Samantha Hutchinson, 3 Am. Law Reg. 113, 115 (Pa., 6th Jud. Dist., 1854). The indictment was also defective because the “crime” was not part of the penal code; on the demise of common-law crimes, see chapter 3.
19 See, for example, Gen. Stats. Ky., 1887, chap. 29, art. 4, sec. 5 (rape of a female over the age of twelve carries the death penalty, at the discretion of the jury). The most severe statutes were in the South and had distinctly racial overtones.
20 Laura F. Edwards, “Sexual Violence, Gender, Reconstruction, and the Extension of Patriarchy in Granville County, North Carolina,” North Carolina Historical Review 58:237 (1991).
21 Laws of the State of New York . . . since the Revolution, Vol. 1 (1792), p. 338 (act of Feb. 14, 1787).
22 The Revised Statutes of New York of 1829 no longer punished rape with death; and its language had been cleaned up; but it was still a crime to “take any woman unlawfully, against her will, and by force, menace or duress, compel her to marry him, or to marry any other person, or to be defiled.” Laws N.Y. 1829, Vol. 2, p. 663.
23 Code of Alabama, 1886, Vol. 2, p. 12, sees. 3736, 3737.