Crime and Punishment in American History - Lawrence M. Friedman [332]
61 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, Washington Post, May 10, 1987, p. A1.
62 New York Times, Feb. 6, 1992, pp. Al, C4.
CHAPTER 14. REALIGNMENT AND REFORM
1 The rules were not to take effect until reported to Congress by the attorney general. 54 Stats. 688 (act of June 29, 1940). On the history and development of the rules, see George H. Dession, “The New Federal Rules of Criminal Procedure: I,” Yale Law Journal 55:694 (1946).
2 The terms, of course, are derived from the classic work by Herbert Packer, The Limits of the Criminal Sanction (1968).
3 On the imagery and social meaning of the Constitution, see Michael Kammen, A Machine That Would Go of Itself: The Constitution in American Culture (1986).
4 See Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California 1870-1910 (1981), pp. 283-84.
5 Albert J. Harno, “The Supreme Court in Felony Cases,” Illinois Crime Survey (1929), p. 117.
6 Robert A. Kagan et al., “The Business of State Supreme Courts, 1870-1970,” Stanford Law Review 30:121, 148 (1977). This was a study of sixteen state supreme courts; in these sixteen courts, 18.2 percent of the cases between 1940 and 1970 were criminal, and 30.8 percent of these raised issues of procedural due process. Criminal cases had become more important in general to appellate courts. In 1965, no less than 6 percent of all appeals heard by the same group of sixteen state supreme courts derived from murder trials. (Ibid., p. 146.)
7 32 U.S. (7 Pet.) 243 (1833).
8 149 U.S. 60 (1893).
9 Ibid., at 67.
10 168 U.S. 532 (1897).
11 318 U.S. 332 (1943).
12 211 U.S. 78 (1908).
13 Ibid., at 99.
14 In the first part of his opinion, Justice Moody, speaking for the majority, dealt with another question: whether or not the privilege against self-incrimination was one of the “privileges and immunities” of American citizens, protected under the Fourteenth Amendment. He held that it was not.
15 287 U.S. 45 (1932); see David J. Bodenhamer, Fair Trial: Rights of the Accused in American History (1992), pp. 92-94; on the Scottsboro case generally, see Dan T. Carter, Scottsboro: A Tragedy of the American South (1969).
16 Powell v. Alabama, 287 U.S. 45, 71 (1932).
17 For the whole story, see Carter, Scottsboro.
18 For this thesis, see Lawrence M. Friedman, Total Justice (1985).
19 232 U.S. 383 (1914).
20 338 U.S. 25 (1949).
21 367 U.S. 643 (1961).
22 380 U.S. 609 (1965).
23 The case, as we saw, was Wilson v. U.S., 149 U.S. 60 (1893).
24 Miranda v. Arizona, 384 U.S. 436 (1966). For the story of this famous case, see Liva Baker, Miranda: Crime, Law and Politics (1983).
25 Baker, Miranda, pp. 408-9.
26 372 U.S. 335 (1963). For an account of this fascinating and important case, and the human story behind it, see Anthony Lewis, Gideon’s Trumpet (1964).
27 Bruce Allen Murphy, Fortas: The Rise and Ruin of a Supreme Court Justice (1988), pp. 87-89; Laura Kalman, Abe Fortas (1990), pp. 180-93.
28 Sam B. Warner and Henry B. Cabot, “Changes in the Administration of Criminal Justice During the Past Fifty Years,” Harvard Law Review 50:583, 589 (1937).
29 See Lawrence M. Friedman, The Republic of Choice (1981); and the discussion in chapter 19.
30 Some commentators at the time thought the case would be “received with rejoicing by every thug in the land.” See U.S. News and World Report, June 27, 1966, p. 34. This, of course, was a wild exaggeration, but did the decision do anything to tame the police? Most of the studies do not find dramatic changes, which is not surprising. “Interrogations in New Haven: The Impact of Miranda,” Yale Law Journal 76:1519 (1967), was an early, and thorough, study; another was Neal A. Milner, The Court and Local Law Enforcement: The Impact of Miranda (1971), a study of police practice in Wisconsin. A more recent and gloomy assessment is that the Miranda warnings “are almost wholly