Crime and Punishment in American History - Lawrence M. Friedman [343]
60 On the Lindbergh case, see, for example, Ludovic Kennedy, The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann (1985), pp. 255-56. As the title suggests, Kennedy is convinced that Bruno Richard Hauptmann was innocent, but this is decidedly a minority view. For another account, see Jim Fisher, The Lindbergh Case (1987). The Mencken reference is Kennedy, p. 255. On the television ban, see Ann. Rpt., American Bar Association 62:1134 (1937); 77:110 (1952); 104:297 (1979).
61 381 U.S. 532 (1965). The flamboyant career of Billie Sol Estes, the pious, churchgoing, Texas swindler whose misdoings were the subject of this case, is recounted in Time, May 11, 1962, p. 22; May 25, 1962, p. 24. I am indebted to David Himelfarb for these references.
62 381 U.S. 532, 536 (1965).
63 384 U.S. 333 (1966/.
64 Sheppard v. Maxwell, 384 U.S. 333, 363 (1966).
65 449 U.S. 560 (1981).
66 Ibid., at 575.
67 People v. Moran, 249 N.Y. 179, 163 N.E. 553 (1928).
68 H. Douglas Singer, “The Deranged and Defective Delinquent,” in Illinois Crime Survey (1929), pp. 737, 757, 759.
69 66 N.M. 289, 347 Pac. 2d 312 ( 1959).
70 Durham v. United States, 214 Fed. 2d 862 (D.C., 1954).
71 Thomas Maeder, Crime and Madness, the Origins and Evolution of the Insanity Defense (1985), p. 92.
72 Maeder, Crime and Madness, pp. 92-93.
73 United States v. Brawner, 471 Fed. 2d 969 (D.C. Cir., 1972).
74 Laws Cal. 1981, chap. 404, p. 1592; Penal Code section 28(b). White was paroled after five years, and then committed suicide; see Los Angeles Daily Journal, Nov. 5, 1985, p. 4.
75 William F. Lewis, “Power, Knowledge, and Insanity: The Trial of John W. Hinckley, Jr.,” in Robert Hariman, ed., Popular Trials: Rhetoric, Mass Media, and the Law (1990), pp. 114, 117, 127.
76 98 Stats. 2057 (act of Oct. 12, 1984); 18 U.S.C.A. sec. 17.
77 See General Laws Idaho (1979), sec. 18-207; also, Mont. Rev. Stats. (1991), sec. 46-14-102, which makes evidence of mental disease or defect admissable, however, to prove “state of mind” if this is an “element of the offense.” Interestingly, there were a few precursors to these statutes. Laws Miss. 1928, chap. 75, p. 92, provided that “the insanity of the defendant” was not to be “a defense against indictments for murder ”; but “evidence” of insanity could be offered “in mitigation of the crime.” If the jury found the defendant guilty but insane, they were to say so, and the penalty would be life imprisonment. The trial judge had discretion to “certify to the governor” his view that “the mental condition of the prisoner is such that he should not be confined in the penitentiary,” and the governor could then set a process in motion which might end with the prisoner’s hospitalization.
78 66 N.M. 289, 347 Pac. 2d 312 (1959).
79 Laws N.J. 1900, chap. 102, p. 289; Laws N.Y. 1901, chap. 372, p. 1029; Laws Cal. 1903, chap. 34, p. 34.
80 Charles L. Chute, “The Development of Probation in the United States,” in Sheldon Glueck, ed., Probation and Criminal Justice (1933), pp. 225-35.
81 Laws N.Y. 1928, chap. 460, sec. 928, p. 1014.
82 Friedman and Percival, Roots of Justice, p. 233.
83 Criminal Court of Cook County, Case No. 59452, Jan. 13, 1931; Adult Probation Office, Investigation Report. Despite the tone of the report, the court put Emil on twelve months’ probation.
84 San Diego Union, Sept. 3, 1908, p. 12.
85 Charles Coons, Superior Court of Santa Clara County, Calif., Criminal Case No. 18597.5 (1925).
86 Lawrence Narvaez, Superior Court of Santa Clara County, Criminal Case No. 17894.5 (Feb. 14, 1922).
87 Criminal Justice in Cleveland ( 1922), pp. 323, 324, 330.
88 Michael J. Hindelang et. al., Sourcebook of Criminal Justice Statistics-1973 (1973), p. 297.
89 Timothy J. Flanagan and Kathleen Maguire, eds., Sourcebook of Criminal Justice Statistics—1989 (1990), pp. 506−7, 513.
90 William McAlpin, Superior Court of Santa Clara County, Criminal Case No. 17893.5 (Feb. 3, 1922).
91 Superior Court of Santa Clara County, Criminal Case No. 17835.5 (Oct.28, 1921).
92 Laws