Crime and Punishment in American History - Lawrence M. Friedman [333]
31 David Simon, Homicide: A Year on the Killing Streets (1991), pp. 199-200.
32 The description is drawn from Sheldon Glueck and Eleanor T. Glueck, Five Hundred Criminal Careers (1930), pp. 31-32.
33 Andrew A. Bruce et al., The Workings of the Indeterminate-Sentence Law and the Parole System in Illinois (1928; reprinted., 1968), p. 48.
34 Va. Stats. 1942, Tit. 40, chap. 1883; Code Miss., 1942, sec. 40004.
35 Bruce et al., Indeterminate-Sentence Law, p. 49.
36 Ibid., p. 56.
37 These are listed in Hans von Hentig, “Degrees of Parole Violation and Graded Remedial Measures,” Journal of Criminal Law and Criminology 33:363 (1943).
38 See Samuel Walker, Popular Justice: A History of American Criminal Justice (1980), pp. 248-49; Lynne Goodstein and John Hepbum, Determinate Sentencing and Imprisonment: A Failure of Reform (1985).
39 Pamala L. Griset, Determinate Sentencing (1991), p. 39.
40 Ibid., pp. 30-31; see also Jessica Mitford, Kind and Usual Punishment: The Prison Business (1973), pp. 79-94.
41 In re Lynch, 8 Cal. 3d 410, 105 Cal. Rptr. 217, 503 P. 2d 921 (1972).
42 Ibid., 105 Cal. Rptr. at 235-36.
43 In re Foss, 10 Cal. 3d, 910, 112 Cal. R. 649, 519 P. 2d 1073 (1974).
44 Ill. Rev. Stats. (1983), Tit. 38, sec. 1003-3-3(c).
45 Goodstein and Hepburn, Determinate Sentencing, pp. 58-60.
46 Ibid., pp. 157, 169.
47 Ill. Rev. Stats. (1983), Tit. 38, sec. 1003-3-3(b).
48 For a critical assessment, see Lynne N. Henderson, “The Wrongs of Victim’s Rights,” Stanford Law Review 37:937 (1985).
49 Ibid., p. 951.
50 Laws Cal. 1965, Vol. 2, chap. 1549, p. 3641.
51 98 Stats. 2170 (act of October 12, 1984); federal grants to state programs as well.
52 Friedman, Total Justice.
53 Quoted in Frank Tannenbaum, Osborne of Sing Sing (1933), pp. 6-7.
54 Lewis E. Lawes, Twenty Thousand Years in Sing Sing (1932), pp. 23, 24, 33, 34.
55 Tannenbaum, Osborne, pp. 326, 328, 329-30.
56 Joseph F. Fishman, Crucibles of Crime: The Shocking Story of the American Jail (1923; reprint ed., 1969), pp. 21, 42, 81, 168.
57 Harvey R. Hougen, “Kate Barnard and the Kansas Penitentiary Scandal, 1908-1909,” in Journal of the West 17, 1:9 (Jan. 1978).
58 A prisoner who was sent to Pontiac (Illinois) in the 1920s described the prison as “very clean and sanitary.” But “the way of the transgressor of the prison rules was hard.” Guards delighted in sending prisoners to the “hole” (solitary confinement), which was “dark, absolutely barren.... The odor is awful.” Although prisoners were “allowed out in the yard,” and the prisoners played “lively ball games,” the monotony was maddening. Clifford R. Shaw, The Jack-Roller: A Delinquent Boy’s Own Story (1930), pp. 104, 110-11.
59 Robert E. Burns, I Am a Fugitive from a Georgia Chain Gang (1932), p. 47.
60 Oscar Dowling, “The Hygiene of Jails, Lock-ups and Police Stations,” Journal of the American Institute of Criminal Law and Criminology 5:695, 697 (1915).
61 Johnson v. Dye, Warden, 175 Fed. 2d 250 (C.A. 3, 1949).
62 Dye v. Johnson, 338 U.S. 864 (1949); apparently, the Court reversed on the grounds that Johnson had not exhausted state remedies. The case is discussed in [Note:] “Prisoners’ Remedies for Mistreatment,” Yale Law Journal 59:800 (1950).
63 Laws Ga. 1946, p. 46, secs. 7, 12, 13.
64 Osborne wrote a book about his experiences in the prison, Within Prison Walls (1914). He dedicated his book to “our brothers in gray,” who had won his “lasting gratitude and affection by their courtesy, sympathy, and understanding.” He was not incognito during his week in prison; the prisoners knew who he was, but respected him anyway (he says) for choosing to share their life. Needless to say, his somewhat romantic account has to be taken with a grain of salt. On Osborne’s career, see Tannenbaum, Osborne; and Samuel Walker, Popular Justice, pp. 150-53.
65 Quoted