Crime and Punishment in American History - Lawrence M. Friedman [335]
105 109 S. Ct. 2969 (1989).
106 So, for example, the Supreme Court in the Bush years tried to cut back on the writ of habeas corpus in death cases. See McCleskey v. Zant, 111 S. Ct. 1454 (1991), (Warren McClesky again); Coleman v. Thomas, 111 S. Ct. 2546 (1991).
107 Discussed in Charles F. Bostwick, “Proposed Reforms in Criminal Procedure,” Journal of Criminal Law 2:216, 227 (1911). The writer contrasted this case with the contemporary English case of Dr. Crippen, who was executed five weeks after his trial began.
108 New York Times, Feb. 16, 1933, p. 1; March 21, 1933, p. 1.
109 New York Times, June 18, 1991 (national ed.), p. A10. For a graphic account (as of 1990) of two men on death row for crimes committed sixteen years earlier, see New York Times, July 23, 1990, p. A1: “Two Lives Ended, but Two Convicts Survive.” As of this writing (February 1993), both convicts were still alive.
110 New York Times, April 22, 1992 (national ed.), pp. Al, C23.
111 New York Times, April 21, 1992 (national ed.), p. A7.
112 New York Times, Aug. 9, 1991 (national ed.), p. A10.
113 New York Times, Jan. 16, 1992 (national ed.), p. A12.
114 See District Attorney of Suffolk v. Watson, 381 Mass. 648, 411 N.E. 2d 1274 (1980); Commonwealth v. O’Neal, 369 Mass. 242, 339 N.E. 2d 676 (1975); Opinion of the Justices, 372 Mass. 912, 364 N.E. 2d 1984 (1977).
115 The case was Commonwealth v. Colon-Cruz, 393 Mass. 150, 470 N.E. 2d 116 (1984).
116 Robert Weisberg, “Deregulating Death,” p. 386.
117 New York Times, March 27, 1992, p. B16; for Arizona’s execution, see New York Times, April 7, 1992, p. A25. The execution took place on April 6, 1992.
CHAPTER 15. LAW, MORALS, AND VICTIMLESS CRIME
1 San Diego Union, Nov. 22, 1908, p. 16; Nov. 25, 1908, p. 8.
2 Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910 (1981), p. 93.
3 Ibid.
4 36 Stats. 825 (act of June 25, 1910). A major study of the background, meaning, and effect of this law is David Langum, Crossing Over the Line: Interstate Immorality and the Mann Act, 1901-1986 (forthcoming).
5 Quoted in Frederick K. Grittner, White Slavery: Myth, Ideology and American Law (1990), p. 91.
6 18 Stats. 477 (act of March 3,1875).
7 36 Stats. 825 (act of June 25, 1910), sec. 6.
8 Grittner, White Slavery, p. 96.
9 Sally Stanford, The Lady of the House (1966), p. 95.
10 See Ruth Rosen, The Lost Sisterhood: Prostitution in America, 1900-1918 (1982), pp. 112-35.
11 Maude E. Miner, Slavery of Prostitution: A Plea for Emancipation (1916; reprint ed., 1987), pp. 88-89.
12 242 U.S. 470 (1917). The full story of this case is told in Robert L. Anderson, The Diggs-Caminetti Case, 1913-1917 (2 vols., 1990).
13 Marlene D. Beckman, “The White Slave Traffic Act: The Historical Impact of a Criminal Law Policy on Women,” Georgetown Law Journal 72:1111, 1119 (1984).
14 State v. Reed, 53 Mont. 292, 163 P. 477 (1917); the statute was Laws Mont. 1911, chap 1.
15 James Wunsch, Prostitution and Public Policy: From Regulation to Suppression, 1858-1920 (Ph.D. thesis, University of Chicago, 1976), p. 136.
16 Rosen, Lost Sisterhood, p. 118.
17 Beckman, “White Slave Traffic Act,” pp. 1124-33.
18 The survey is described in Vigilance 24:5 (May 1911).
19 Vigilance 23:13 (Oct. 1910), p. 9.
20 Walter C. Reckless, Vice in Chicago (1933; reprint ed., 1969), pp. 1-3; Herbert Asbury, Gem of the Prairie: An Informal History of the Chicago Underworld (1940), pp. 281-308.
21 Rosen, Lost Sisterhood, pp. 14-15.
22 Vice Commission of Chicago, The Social Evil in Chicago: A Study of Existing Conditions (1911), p. 25.
23 Edward R. A. Seligman, ed., The Social Evil, with Special Reference to Conditions Existing in the City of New York (2d ed., 1912), pp. 72-74; this is a revision of a report originally published by the “Committee of Fifteen” in 1902. In a speech Seligman gave in 1910 he said: “Anything that tends to render vice innocuous tends to incite to debauch”; and if the state “whitewashes” the situation, “it