Crime and Punishment in American History - Lawrence M. Friedman [337]
69 William J. Blackburn, The Administration of Criminal Justice in Franklin County, Ohio (1935), p. 237. In that year, there were also 4,285 arrests for drunkenness, and 166 arrests for “driving while intoxicated,” which are, in a way, measures of the obvious fact that Prohibition, whatever the enforcement level, did not stamp out drinking or drunkenness.
70 Hugh N. Fuller, Criminal Justice in Virginia (1931), p. 66.
71 Quoted in Fuller, Criminal Justice in Virginia, p. 136.
72 Illinois Crime Survey (1929), p. 1099.
73 Samuel Walker, Popular Justice: A History of American Criminal Justice (1980), p. 182.
74 Gilman M. Ostrander used this term in his book Nevada: The Great Rotten Borough, 1859-1964 (1966).
75 Laws Nev. 1909, chap. 210.
76 Ostrander, Nevada, p. 207; see Laws Nev. 1913, chap. 149, p. 235; Laws Nev. 1931, chap. 99, p. 165.
77 Henry Chafetz, Play the Devil: A History of Gambling in the United States from 1492 to 1955 (1960), pp. 452-53. The quote is from the columnist Red Smith.
78 See, in general, Jerome H. Skolnick, House of Cards: The Legalization and Control of Casino Gambling (1978).
79 Fortieth Annual Report, Municipal Court of Philadelphia (1953), p. 245.
80 William Seagle, “The Twilight of the Mann Act,” American Bar Association Journal 55:641 (1969).
81 Grittner, White Slavery, pp. 149-50.
82 U.S. v. McClung, 187 Fed. Supp. 254 (D.C.E.D. La., 1960). The judge, Skelly Wright, read the Mann Act as condemning only immorality that was “habitual . . . an immoral status of some duration.” (Ibid., at 258.) He also tried, somewhat feebly, to distinguish the Caminetti case.
83 Grittner, White Slavery, p. 163.
84 Nevertheless, Beckman reports that 439 defendants were committed to prison between 1970 and 1982 for violating the Mann Act—presum—ably all for commercialized vice offenses. “White Slave Traffic Act,” p. 1134.
85 92 Stats. 7, 8-9 (act of Feb. 6, 1978); 18 U.S. C. A. 2423.
86 The new title of the law was Transportation for Illegal Sexual Activity and Related Crimes.
87 100 Stats. 3511 (act of Nov. 7, 1986); 18 U.S. C.A. 2421.
88 Third Annual Report, Municipal Court of Chicago (1908-1909), p. 80.
89 Lawrence R. Murphy, “Defining the Crime Against Nature: Sodomy in the United States Appeals Courts, 1810-1940,” Journal of Homo-sexuality 19:49, 63 (1990).
90 State v. Start, 65 Ore. 178, 132 P. 512 (1913); for the statute, see Rev. Stats. Ore., 1909, Vol. 1, p. 929, simply referring to “sodomy or the crime against nature.”
91 Start’s conviction, however, was reversed on other grounds. For a similar reading of a statute, see State v. Guerin (51 Mont. 250, 152 P. 747 [1915]). The court said: “Every intelligent adult person understands fully what the ordinary course of nature demands or permits for the purpose of procreation . . . [and] any departure from this course is against nature.”
92 Murphy, “Defining the Crime,” p. 61. Apparently, there is no reported case before the Second World War in which a lesbian was convicted under a sodomy statute, according to Murphy. Some statutes plainly excluded this possibility, by referring exclusively to crimes against nature committed with men. The other sort of crime against nature was, apparently, totally unthinkable.
93 Alfred C. Kinsey, Wardell B. Pomeroy, and Clyde E. Martin, Sexual Behavior in the Human Male (1948), p. 392.
94 Alfred C. Kinsey et al., Sexual Behavior in the Human Female (1953).
95 Ibid., pp. 673-74.
96 Ibid., p. 453.
97 John D‘Emilio and Estelle B. Freedman, Intimate Matters: A History of Sexuality in America (1988), p. 294.
98 See John Gerassi, The Boys of Boise: Furor, Vice, and Folly in an American City (1966).
99 State v. Saunders, 75 N.J. 200, 381 Atl. 2d 333 (1977). The Connecticut repeal is Laws Conn. 1967, p. 1618.
100 On Texas: See Jeremy D. Weinstein, “Adultery, Law and the State,” Hastings Law Journal 38:195, 230-36 (1986);