Crime and Punishment in American History - Lawrence M. Friedman [328]
63 Arthur Train, The Prisoner at the Bar (1906), p. 226.
64 Theodore Ferdinand, Boston’s Lower Criminal Courts, 1814—1850 (1992), pp. 89—97.
65 Friedman and Percival, Roots of Justice, p. 177.
66 The phrase is from Milton Heumann, “A Note on Plea Bargaining and Case Pressure,” Law and Society Review 9:515 (1975).
67 Another 112 said they pleaded guilty because they “had neither money nor friends”; 36 said “ignorance of the law” was their reason; 40 pleaded guilty “because of prior convictions”; and 19 were eager “to avoid prosecution for other crimes.” Eighth Annual Report, State Board of Prison Directors, 1887, p. 88.
68 On this case, see Lamott, Who Killed Mr. Crittenden?
69 Charles E. Rosenberg, The Trial of the Assassin Guiteau (1968).
70 There is a large literature on the case; and every once in a while, some enterprising author dreams up a new “solution.” Robert Sullivan, in Goodbye Lizzie Borden (1974), argues strongly that Lizzie was guilty. This account is especially valuable for its careful and full picture of the legal proceedings. For a transcript of the trial, there is Edmund L. Pearson, ed., The Trial of Lizzie Borden (1937); see also, Victoria Lincoln, A Private Disgrace: Lizzie Borden by Daylight (1967).
71 For this line of thought, see Mary Hartman, Victorian Murderesses (1977); Friedman and Percival, Roots of Justice, chap. 7.
72 Friedman and Percival, Roots of Justice, pp. 239—44.
73 Ibid., p. 260.
74 On the historical development of the law of appeals, Lester B. Orfield’s, Criminal Appeals in America (1939) is still the most comprehensive account, and I have made liberal use of it in this section of the chapter.
75 Commonwealth v. Clare, 89 Mass. 525 (1863).
76 Shaw v. State, 2 Tex. App. 487 (1877).
77 Harwell v. State, 22 Tex. App. 251, 2 S.W. 606 (1886).
78 Curry v. State, 7 Tex. App. 92 (1879).
79 “Overruled Their Judicial Superiors,” American Law Review 21:610 (1887).
80 23 Tex. Ct. App. 639 (1887).
81 I am indebted to Reid Schar for these figures.
82 State v. Campbell, 210 Mo. 202, 224, 199 S.W. 706 (1908).
CHAPTER 12. A NATIONAL SYSTEM
1 See Mary H. Oakey, Journey from the Gallows: Historical Evolution of the Penal Philosophies and Practices in the Nation’s Capital (ed. Be-linda Swanson; 1988).
2 The formal system as of the beginning of the century is described in George B. Davis, A Treatise on the Military Law of the United States (1909); a recent comprehensive treatment is Jonathan Lurie, Arming Military Justice, Vol. 1 (1992).
3 See 30 Stats. 717 (act of July 7, 1898); 35 Stats. 1142, 1145, chap. 321, subchap. 11 (act of March 4, 1909). The statutes, however, provided that if the crime occurred “within the territorial limits of any State,” and if there was no special federal law covering the crime but the act would be a crime under state law, then the person who committed the act on a federal enclave would be “deemed guilty of a like offense.”
4 Christian G. Fritz, Federal Justice in California: The Court of Ogden Hoffman, 1851—1891 (1991), pp. 259—62.
5 Annual Report, Attorney General of the United States, 1889, pp. 6—7. On the liquor violations of the period, and the struggle to enforce the laws, see Wilbur R. Miller, Revenuers and Moonshiners: Enforcing Federal Liquor Law in the Mountain South, 1865—1900 (1991).
6 38 Stats. 166, 171 (act of October 3, 1913). Tax fraud was not a major issue in the nineteenth century, except for moonshiners and the alcohol tax. There were prior income tax laws, before the act of 1913, but none lasted very long. In 1895, the Supreme Court struck down an income tax law, in Pollock v. Farmers’ Loan and Trust Company 157 U.S. 429, 158 U.S. 601 (1895). A constitutional amendment undid this case.
7 There were 679 arrests for this offense in 1966, and 1,214 in 1985. Administrative Office of the U.S. Courts, Federal Offenders in the United States Courts 1985, table H-2, p. 30.
8 38 Stats. 692 (act of Aug. 15, 1914) (sponges); 38 Stats. 693,