Crime and Punishment in American History - Lawrence M. Friedman [326]
97 Estelle B. Freedman, Their Sisters’ Keepers: Women’s Prison Reform in America, 1830—1930 (1981), p. 11.
98 William Francis Kuntz II, Criminal Sentencing in Three Nineteenth-Century Cities (1988), p. 413.
99 Nicole H. Rafter, Partial Justice: Women in State Prisons, 1800—1935 (1985), pp. 16—21.
100 Freedman, Their Sisters’ Keepers, pp. 51—52; see also Laws Mass. 1875, chap. 385.
101 Massachusetts Public Documents, 1895, Vol. 10, Public Doc. No. 13, 25th Annual Report, Commissioners of Prisons of Mass., “Report Concerning the Reformatory Prison for Women,” p. 70.
102 See Mass. Rev. Stats. 1881, chap. 207, sec. 29.
103 Laws Mass. 1875, chap. 385, sec. 21.
104 “Report Concerning the Massachusetts Reformatory,” Public Doc. No. 13, 25th Annual Report, Commissioners of Prisons of Mass., 1895, p. 101.
105 Isabel C. Barrows, “The Massachusetts Reformatory Prison for Women,” in S. J. Barrows, The Reformatory System in the United States (report prepared for the International Prison Commission, 1900), pp. 101, 112.
106 “Report Concerning the Reformatory Prison for Women,” Public Doc. no. 13, 25th Annual Report, Commissioner of Prisons of Mass., 1895, p. 82.
CHAPTER 11. THE EVOLUTION OF CRIMINAL PROCESS: TRIALS AND ERRORS
1 See Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870—1910 (1981), chap. 7.
2 Samuel Walker, Sense and Nonsense About Crime: A Policy Guide, (2d ed., 1989), pp. 19—34.
3 The printed version of the trial, and some valuable commentary, can be found in Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton, Documents and Commentary, Vol. 1 (1964), pp. 693—774.
4 See David R. Kasserman, Fall River Outrage: Life, Murder, and Justice in Early Industrial New England (1986), p. 136, which is about the sensational 1832 trial of the Reverend Ephraim Avery for murder.
5 Jack K. Williams, Vogues in Villainy: Crime and Retribution in AnteBellum South Carolina (1959), pp. 75—76.
6 Thomas Ford, A History of Illinois from Its Commencement as a State in 1818 to 1847 (1854), p. 29.
7 Goebel, Practice of Alexander Hamilton, p. 771. The sessions court in South Carolina often heard cases well into the night. The practice was to swear in forty-eight men, from which two juries would be carved. While one jury was deliberating, the second would be hearing another case. Williams, Vogues in Villainy, p. 82.
8 1 City Hall Recorder (New York, 1816), p. 6.
9 See Max Rheinstein, ed., Max Weber on Law in Economy and Society (1954), p. 213n.
10 Allen Steinberg, The Transformation of Criminal Justice: Philadelphia , 1800—1880 (1989), pp. 1—2.
11 No settlement was possible if the victim of the misdemeanor was an “officer or minister of justice, whilst in the execution of the duties of his office,” or if the crime was committed “riotously” or “with an intent to commit a felony.” N.Y. Rev. Stats. 1829, Vol. 2, p. 730.
12 Steinberg, Transformation, pp. 46—49.
13 Ibid., p. 227.
14 Friedman and Percival, Roots of Justice, p. 120.
15 Ibid., p. 123.
16 Oakland Tribune, Sept. 17, 1884, p. 3.
17 Oakland Tribune, Oct. 23, 1895, p. 3.
18 John R. Wunder, Inferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853—1889 (1979), p. 170. On the fees of the justices, see ibid., pp. 100—101. For another example, see Rev. Laws Ind. 1824, chap. 41, pp. 196, 203—4.
19 Horatio Woodman, ed., Reports of Criminal Cases Tried in the Municipal Court of the City of Boston Before Peter Oxenbridge Thacher (1845), p. vi.
20 Wunder, Inferior Courts, p. 121 provides an example of this punishment.
21 Police courts and justice-of-the-peace courts, on the whole, did not leave records behind. Nineteenth-century newspapers help fill in the gap. For an account of one case in justice court, see Zigurds L. Zile, “Vosburg v. Putney: A Centennial Story,” Wisconsin Law Review 877 (1992).
22 Arthur Train, The Prisoner at the Bar (1926; originally