Crime and Punishment in American History - Lawrence M. Friedman [334]
66 The Ragen era and the history of Stateville up to the mid-seventies are described in James B. Jacobs, Stateville: The Penitentiary in Mass Society (1977).
67 Mitford, Kind and Usual Punishment, pp. 244-45.
68 Merrick v. Lewis, 22 Pa. D. 55 (1912).
69 Ruffin v. Commonwealth, 62 Va. (21 Gratt.) 790 (1871). The prisoner, said the court, “as a consequence of his crime, not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords to him. He is for the time being the slave of the state.”
70 247 F. Supp. 683 (E.D. Ark., 1965).
71 Ibid., at 689.
72 309 F. Supp. 362 (E.D. Ark., 1970).
73 Ibid., at 373; see Susan Sturm, “Resolving the Remedial Dilemma: Strategies of Judicial Intervention in Prisons,” University of Pennsylvania Law Review 138:805 (1990).
74 See Erving Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates (1962).
75 Leo D. Stanley, the chief surgeon of San Quentin, wrote, in Men at Their Worst (1940), about a surly “malcontent” with a long history of “petty violations of the law” who wrote a long letter “berating and sneering at his mother.” Stanley was proud to report that the “long-suffering mother never received that letter. The aroused censor saw to that” (pp. 102-3).
76 416 U.S. 396 (1974).
77 Ibid., at 419.
78 393 U.S. 483 (1969).
79 Richard Hawkins and Geoffrey P. Alpert, American Prison Systems: Punishment and Justice (1989), p. 325.
80 Charles E. Silberman, Criminal Violence, Criminal Justice (1978), p. 390.
81 Fishman, Crucibles of Crimes, pp. 73-74.
82 Clifford R. Shaw, The Jack-roller: A Delinquent Boy’s Own Story (1930), p. 38.
83 Ibid., p. 153.
84 Osborne, Within Prison Walls, p. 323.
85 See, in general, Franklin E. Zimring and Gordon Hawkins, The Scale of Imprisonment (1991).
86 U.S. Department of Justice, Sourcebook of Criminal Justice Statistics, 1989, p. 582. This increase is, of course, completely out of proportion to population growth. In the fifties and sixties, the numbers were stable, and even declining.
87 Franklin E. Zimring and Gordon Hawkins, Prison Population and Criminal Justice Policy in California (1992), pp. 1, 3.
88 On the Attica riot, see Tom Wicker, A Time to Die (1975). Prison riots seem to break out on a regular basis. For example, the Los Angeles Times reported on October 30, 1989, that the Pennsylvania prison system was “rocked” by its fourth riot in one week. Officials clamped a lock-down on Holmesburg Prison near Philadelphia after a four-hour riot that injured 150 inmates and guards. Los Angeles Times, October 29, 1989, Part A, p. 25. See also Bert Useem and Peter Kimball, States of Siege: U.S. Prison Riots, 1971-1986 (1991).
89 408 U.S. 238 (1972). On the background of this case, see Michael Meltsner, Cruel and Unusual: The Supreme Court and Capital Punishment (1973). For a perceptive study of Furman and what followed, see Robert Weisberg, “Deregulating Death,” Supreme Court Review (1983), p. 305.
90 Between 1930 and 1984, 3,891 prisoners were executed in the United States. Of these, 53.1 percent (2,067) were black. Of the 455 individuals executed for rape, almost 90 percent (405) were black, virtually all of them in the South. Adalberto Aguirre, Jr., and David V. Baker, “Empirical Research on Racial Discrimination in the Imposition of the Death Penalty,” Criminal Justice Abstracts 22:135 (1990).
91 Neil Vidmar and Phoebe C. Ellsworth, “Public Opinion and the Death Penalty,” Stanford Law Review 26:1245-70 (1974).
92 Walker, Popular Justice, p. 250.
93 Weisberg, “Deregulating Death,” p. 315.
94 Woodson v. North Carolina, 428 U.S. 280 (1976).
95 431 U.S. 633 (1977).
96 428 U.S. 153 (1976).
97 Cal. Penal Code, sec. 190.2.
98 31 Cal. 3d 797, 647 Pac. 2d 76 (1982).
99 U.S. Department of Justice, Sourcebook of Criminal Justice Statistics, 1989, pp. 168-69.
100 433 U.S. 584 (1977).
101 Ibid., at 592.
102 481 U.S. 281 (1987).
103 Ibid., at 312.
104 More appeals were brought on behalf of McCleskey, all of which failed. On September