Crime and Punishment in American History - Lawrence M. Friedman [341]
70 297 U.S. 278 (1936).
71 The full story of the case is beautifully told in Carter, Scottsboro.
72 On Leibowitz’s role in the case, see Robert Leibowitz, The Defender: The Life and Career of Samuel S. Leibowitz, 1893-1933 (1981), pp. 186—249.
73 Fogelson, Big-City Police, p. 248.
74 The data in this and the following paragraph are drawn from Gerald David Jaynes and Robin W. Williams, Jr., eds., A Common Destiny: Blacks and American Society (1989), chap. 9. Professor Joel F. Handler, of the UCLA Law School, was chair of the panel that produced this material.
75 Jaynes and Williams, A Common Destiny, p. 461.
76 New York Times, Oct. 4, 1990, p. B6.
77 New York Times, April 18, 1992, p. 1.
78 Marjorie S. Zatz, “The Changing Forms of Racial/Ethnic Biases in Sentencing,” Journal of Research in Crime and Criminology 24:69, 87-88 (1987).
79 Jaynes and Williams, A Common Destiny, p. 464.
80 John Gregory Dunne, “Law and Disorder in Los Angeles,” New York Review of Books, Oct. 10, 1991, p. 23.
81 For a chronology of the Howard Beach incident, see J. Clay Smith, Jr., “The ‘Lynching’ at Howard Beach: An Annotated Bibliographic Index,” National Black Law Journal 12:29 (1990).
82 Richard Maxwell Brown, Strain of Violence (1975), p. 213.
83 Shih-Shan Henry Tsai, The Chinese Experience in America (1986), pp. 165-66. On the Golden Dragon affair, see Washington Post, Sept. 21, 1977, p. A6.
84 Paul S. Volk, “The Legal Trail of Tears: Supreme Court Removal of Tribal Court Jurisdiction Over Crimes by and Against Reservation Indians,” New England Law Review 20:247 (1984-85).
85 A report published in 1932 found that the Indians were fairly law-abiding people. In tribal courts, about half of all prosecutions were for drunkenness, another 16 percent for such crimes as adultery and fornication. Indians committed felonies at rates far below that of whites. See Russel Lawrence Barsh and J. Youngblood Henderson, “Tribal Courts, the Model Code, and the Police Idea in American Indian Policy, ” in Lawrence Rosen, ed., American Indians and the Law (1976), pp. 25, 41.
86 82 Stats. 77 (act of April 11, 1968). 25 U.S.C.A. sees. 1301, 1302. On this act, see Vine Deloria, Jr., and Clifford Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (1984), chap. 14.
87 See, in general, Alfredo Mirande, Gringo Justice (1987).
88 The account is drawn from Mirande, Gringo Justice, pp. 156-66.
89 On the riots, see ibid., pp. 166-73.
CHAPTER 17. THE CONTEMPORARY CRIMINAL TRIAL
1 William N. Gemmill, “The Criminal, Who Is He, and What Shall We Do with Him,” Journal of the American Institute of Criminal Law and Criminology 5:170, 174-75 (1914).
2 Annual Report, Los Angeles Police Department 1916-1917, p. 31; Annual Report, Los Angeles Police Department, (year ending June 30, 1915), pp. 6-7. The Sunrise Court was discontinued in 1918. Annual Report, 1917-1918, p. 53.
3 I. P. Callison, Courts of Injustice (1956), pp. 419-21; the New York Magistrates’ Courts, as Callison described them, were much the same. See also, on the Municipal Court of Chicago, Samuel Dash, “Cracks in the Foundation of Criminal Justice,” Illinois Law Review 46:385 (1951).
4 Wheeler v. Goodman, 306 F. Supp. 58 (D.C.W.D. No. Car., 1969); Rev. Stats. No. Car. 1969, sec. 14-336.
5 Illinois Crime Survey, 1929, p. 35.
6 Quoted in Lester B. Orfield, Criminal Procedure from Arrest to Appeal (1947), p. 365.
7 Roscoe Pound, “The Causes of Popular Dissatisfaction with the Administration of Justice,” Reports of the American Bar Assocation 29:395 (1906).
8 U.S. v. Garsson et al., 291 Fed. 646 (S.D. N.Y., 1923).
9 Powell v. Superior Court of Los Angeles 48 Cal. 2d. 704, 312 P. 2d 698 (1957); see also Robert L. Fletcher, “Pretrial Discovery in State Criminal Cases,” Stanford Law Review 12:293 (1960).
10 Orfield, Criminal Procedure, p. 457.
11 Harry Kalven, Jr., and Hans Zeisel, The American Jury (1966), pp. 420-23.
12 Illinois Judicial Conference. Illinois Pattern Jury Instructions: Criminal IPI (1968), pp. v, vii.
13 Roscoe