Crime and Punishment in American History - Lawrence M. Friedman [347]
4 Ibid., pp. 102-4, p. 110; see James Q. Wilson and Richard J. Hermstein, Crime and Human Nature (1985), pp. 408−9, 416−17.
5 New York Times, March 25, 1991, p. A15.
6 New York Times, June 27, 1990 (national ed.), p. A12.
7 Wesley G. Skogan and Michael G. Maxfield, Coping with Crime: Individual and Neighborhood Reactions (1981), p. 189.
8 Barry Meier, “Reality and Anxiety; Lives Changed Not Just by Crime but by Fear,” New York Times, February 18, 1993, p. A8. The consequences of this great fear, of course, reverberate through society in large and small ways. On the very same page of the Times, there is a tragic story about seven children, left alone in a frame house in Detroit, who died in a fire: “anti-burglar bars on the windows kept them from escaping.”
9 See, in general, Herbert Jacob, The Frustration of Policy: Responses to Crime by American Cities (1984); Stuart A. Scheingold, The Politics of Law and Order: Street Crime and Public Policy (1984).
10 Franklin E. Zimring and Gordon Hawkins, Capital Punishment and the American Agenda (1986), p. 150.
11 See, in general, Franklin E. Zimring and Gordon Hawkins, The Scale of Imprisonment (1991).
12 Roger D. McGrath, Gunfighters, Highwaymen, and Vigilantes: Violence on the Frontier (1984), pp. 253, 255.
13 Marvin E. Wolfgang, Patterns in Criminal Homicide (1958), p. 207.
14 Marc Riedel and Margaret A. Zahn, The Nature and Patterns of American Homicide (1985), table 2.2, p. 13.
15 Wolfgang, Patterns in Homicide, pp. 84, 86.
16 Riedel and Zahn, American Homicide, p. 51.
17 Lawrence M. Friedman, The Republic of Choice (1990), p. 134.
18 James Q. Wilson and Richard Hermstein, Crime and Human Nature (1985), pp. 420, 435; see also Warren Susman, Culture as History (1984), chaps. 13 and 14.
19 See Elliott Currie, Confronting Crime (1985), pp. 186-210.
20 On this theme, see Friedman, Republic of Choice (1990).
21 Doris A. Graber, Crime News and the Public (1980), pp. 70-71, 80-81.
22 See, very notably, Hans Zeisel, The Limits of Law Enforcement (1982); Samuel Walker, Sense and Nonsense About Crime: A Policy Guide (2d. ed., 1989).
23 There is a large literature on the theory of deterrence. See, for example, Jack Gibbs, Crime, Punishment, and Deterrence (1975); Franklin E. Zimring, Deterrence: The Legal Threat in Crime Control (1973). On incapacitation, see Zimring and Hawkins, Scale of Imprisonment, pp. 104-10.
24 Zeisel, Limits of Law Enforcement, p. 18.
25 This point is emphasized in Walker, Sense and Nonsense About Crime, pp. 27-28.
26 See, on this point, Lawrence M. Friedman, The Legal System: A Social Science Perspective (1975), pp. 75-76.
27 State Court Caseload Statistics: Annual Report 1989, pp. 39−41.
28 Margaret Wemer Cahalan, Historical Corrections Statistics in the United States, 1850-1984 (1986), p. 34.
29 Zimring and Hawkins, Scale of Imprisonment, p. 38.
30 Department of Corrections, State of California, California Prisoners, 1952, p. 3; California Prisoners and Parolees, 1990 (1991), p. 1−1.
31 Jacob, Frustration of Policy, pp. 166−67.
32 On the national level, there are “structural capabilities,” but few “incentives to act structurally.” Locally, “there is more inclination to seek structural solutions, but there are virtually no capabilities to do so.” Stuart A. Scheingold, The Politics of Street Crime: Criminal Process and Cultural Obsession (1991), p. 182.
33 Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910 (1981), p. 324.
34 Malcolm M. Feeley, Court Reform on Trial: Why Simple Solutions Fail (1983), p. 205. Feeley’s book contains many vivid examples of the process of failure and its causes.
35 Mirjan R. Damaska, The Faces of Justice and State Authority: A Comparative Approach to the Legal Process (1986), pp. 17, 25.
36 Of course, the U.S. Supreme Court, at this writing (1993), seems in the mood to speed up the process (see chap. 14). But we do not know how far they are likely to go, and there is a limit to the control they have over the