Crime and Punishment in American History - Lawrence M. Friedman [345]
15 Los Angeles Times, July 2, 1992, Part A, p. 5.
16 Bowker, Women, Crime, and the Criminal Justice System, pp. 225-26.
17 Annual Report, Police Department of the City of New York, year ending Dec. 31, 1905 (1906), pp. 43-48.
18 T. Earl Sullenger, “Female Criminality in Omaha,” Joumal of the American Institute of Criminal Law and Criminology 27:706 (1937).
19 Bowker, Women, Crime, and the Criminal Justice System (1978), p. 5.
20 See Dorothy Zietz, Women Who Embezzle or Defraud: A Study of Convicted Felons (1981), which also contains interesting observations on differences between male and female embezzlers.
21 Rita J. Simon and Jean Landis, The Crimes Women Commit, the Punishments They Receive (1991), p. 103.
22 Coramae Richey Mann, Female Crime and Delinquency (1984), p. 196.
23 See the discussion in Mann, Female Crime and Delinquency, pp. 262-71.
24 Ind. Rev. Stats. 1914 (sec. 2372, p. 1180).
25 George E. Worthington and Ruth Topping, “The Women’s Day Court of Manhattan and the Bronx, New York City,” Journal of Social Hygiene 8:393, 420−21 (1922). Laws N.Y. 1965, chap. 1030, made it a specific crime to patronize a prostitute.
26 George E. Worthington and Ruth Topping, “The Misdemeanants’ Division of the Philadelphia Municipal Court,” Journal of Social Hygiene 8:23, 33 (1922).
27 See, in general, Ruth Rosen, The Lost Sisterhood: Prostitution in America, 1900-1918 (1982).
28 Worthington and Topping, “Women’s Day Court,” pp. 418, 428-29; Laws N.Y. 1918, chap. 419, p. 1268.
29 Laws Cal. 1919, chap. 165, p. 246, sec. 2.
30 In re Betty Carey, 57 Cal. App. 297, 207 P. 271 (1922).
31 Deborah Rhode, Justice and Gender, p. 258.
32 Nev. Rev. Stats. (1986) sec. 244.345(8).
33 It was removed in the course of a general revision of the penal code Laws Tex. 1973, chap. 399.
34 Rev. Code Del. 1915, sec. 4701, p. 2059.
35 Paul W. Tappan, Delinquent Girls in Court: A Study of the Wayward Minor Court of New York (1947), pp. 35, 117.
36 Mary Ellen Odem, Delinquent Daughters (1992), pp. 228, 234, 244, 250.
37 Simon and Landis, Crimes Women Commit, pp. 60−61, 62, 104.
38 105 Kans. 139, 181 P. 630 (1919).
39 Shelly Bookspan, A Germ of Goodness: The California State Prison System, 1851−1944 (1991), pp. 75−92.
40 Mary B. Harris, I Knew Them in Prison (1936), pp. 245−381, describes her experience as director.
41 Ibid., pp. 290−91.
42 Estelle Freedman, Their Sisters’ Keepers (1981), p. 146.
43 Ibid., p. 150; Harris, I Knew Them in Prison, pp. 339, 359.
44 Freedman, Their Sisters’ Keepers, pp. 131-32; for a firsthand account of one woman’s experiences in Bedford Prison (New York), see Edna V. O‘Brien, So I Went to Prison (1938).
45 Harris, I Knew Them in Prison, p. 260.
46 Del Martin, “The Historical Roots of Domestic Violence,” in Daniel Jay Sonkin, ed., Domestic Violence on Trial: Psychological and Legal Dimensions of Family Violence ( 1987), pp. 3, 6−7.
47 Ann. Code Md. (ed. Bagby, 1924) Vol. 1, pp. 973-74. The guilty party could be sentenced to prison for up to one year, but could (theoretically) also be “whipped, not exceeding forty lashes,” the act to be carried out “within the walls of the city or county jail.” This is a very late, rather surprising survival (see chapter 10).
48 Linda Gordon, Heroes of Their Own Lives: The Politics and History of Family Violence: Boston, 1880-1960 (1988).
49 Gordon, Heroes, at 251.
50 State v. Lynch, 436 So. 2d 567 (La., 1983).
51 The case is discussed in Lenore E. Walker, Roberta K. Thyfault, and Angela Browne, “Beyond the Juror’s Ken: Battered Women,” Vermont Law Review 7:1, 4 ( 1982).
52 Angela Browne, When Battered Women Kill (1987), p. 10.
53 Ibid., p. 12. Governor Celeste of Ohio pardoned a group of such women when he left office. New York Times, Dec. 22, 1990, p. 1.
54 Susan Estrich, “Sex at Work,” Stanford Law Review 43:813, 815 (1991). The point is a good one, although rape is not the only example of a crime where the defense