This popular one-volume analysis of the evolution of American criminal justice places contemporary issues of crime and justice in historical perspective. Walker identifies the major periods in the development of the American system of criminal justice, from the small institutions of the colonial period to the creation of the police, the prison, and the juvenile court in the nineteenth century and the search for professionalism in the twentieth century. He argues that the democratic tradition is responsible for the worst as well as the best in the history of criminal justice in the United States. Offering a challenging perspective on current controversies in the administration of criminal justice in light of historical origins, the author explores the evolving conflict between the advocates of crime control and the advocates of due process.Now in its second edition, Popular Justice has been completely revised to include the most recent scholarship on crime and justice. Walker has updated his analysis of the history of American criminal justice and explores the tension between popular passions and the rule of law. He examines changing patterns in criminal activity, the institutional development of the system of criminal justice, and the major issues concerning the administration of justice. Timely and comprehensive, this text will be useful for courses in criminal justice, legal history, and criminology.
Manfred Berg traces the history of lynching in America from the colonial era to the present. Berg focuses on lynching as extralegal communal punishment performed by "ordinary" people. He confronts racially fragmented historical memory and legacies of popular justice to help the reader make better sense of lynching as part of American history.
Covering criminal justice history on a cross-national basis, this book surveys criminal justice in Western civilization and American life chronologically from ancient times to the present. It is an introduction to the historical problems of crime, law enforcement and penology, set against the background of major historical events and movements. Integrating criminal justice history into the scope of European, British, French and American history, this text provides the opportunity for comparisons of crime and punishment over boundaries of national histories. The text concludes with a chapter that addresses terrorism and homeland security. * Spans all of western history, and examines the core beliefs about human nature and society that informed the development of criminal justice systems. The fifth edition gives increased coverage of American law enforcement, corrections, and legal systems * Each chapter is enhanced with supplemental "Timeline," "Time Capsule," and "Featured Outlaw" boxes as well as discussion questions, notes and problems * Contains discussion questions, notes, learning objectives, key terms lists, biographical vignettes of key historical figures, and "History Today" exercises to engage the reader and encourage critical thinking
In this deeply researched prequel to his 2006 study Rough Justice: Lynching and American Society, 1874–1947, Michael J. Pfeifer analyzes the foundations of lynching in American social history. Scrutinizing the vigilante movements and lynching violence that occurred in the middle decades of the nineteenth century on the Southern, Midwestern, and far Western frontiers, The Roots of Rough Justice: Origins of American Lynching offers new insights into collective violence in the pre-Civil War era. Pfeifer examines the antecedents of American lynching in an early modern Anglo-European folk and legal heritage. He addresses the transformation of ideas and practices of social ordering, law, and collective violence in the American colonies, the early American Republic, and especially the decades before and immediately after the American Civil War. His trenchant and concise analysis anchors the first book to consider the crucial emergence of the practice of lynching of slaves in antebellum America. Pfeifer also leads the way in analyzing the history of American lynching in a global context, from the early modern British Atlantic to the legal status of collective violence in contemporary Latin America and sub-Saharan Africa. Seamlessly melding source material with apt historical examples, The Roots of Rough Justice tackles the emergence of not only the rhetoric surrounding lynching, but its practice and ideology. Arguing that the origins of lynching cannot be restricted to any particular region, Pfeifer shows how the national and transatlantic context is essential for understanding how whites used mob violence to enforce the racial and class hierarchies across the United States.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Gus Reed was a freed slave who traveled north as Sherman’s March was sweeping through Georgia in 1864. His journey ended in Springfield, Illinois, a city undergoing fundamental changes as its white citizens struggled to understand the political, legal, and cultural consequences of emancipation and black citizenship. Reed became known as a petty thief, appearing time and again in the records of the state’s courts and prisons. In late 1877, he burglarized the home of a well-known Springfield attorney—and brother of Abraham Lincoln’s former law partner—a crime for which he was convicted and sentenced to the Illinois State Penitentiary. Reed died at the penitentiary in 1878, shackled to the door of his cell for days with a gag strapped in his mouth. An investigation established that two guards were responsible for the prisoner’s death, but neither they nor the prison warden suffered any penalty. The guards were dismissed, the investigation was closed, and Reed was forgotten. Gus Reed’s story connects the political and legal cultures of white supremacy, black migration and black communities, the Midwest’s experience with the Civil War and Reconstruction, and the resurgence of nationwide opposition to African American civil rights in the late nineteenth century. These experiences shaped a nation with deep and unresolved misgivings about race, as well as distinctive and conflicting ideas about justice and how to achieve it.
Exploring Corrections in America provides a thorough introduction to the topic of corrections in America. In addition to providing complete coverage of the history and structure of corrections, it offers a balanced account of the issues facing the field so that readers can arrive at informed opinions regarding the process of corrections in America. Each chapter is enhanced by an outline, "what you need to know," internet links, photos, boxes, "ethics focus," discussion questions, and further readings.
Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the "solid South" to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics.
This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law, addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.
In the decades immediately following the Civil War, the United States expanded rapidly. As the nation grew, so too did federal law, moving into areas of citizens’ lives previously regulated by local custom and state and territorial statutes. Drawing on contemporary accounts and the letters that flowed between the Washington office of the Justice Department and its attorneys and marshals throughout the states and territories, Cresswell uses a case-study approach to explore the enforcement of federal law in four regions. In northern Mississippi, the rights of freedmen to vote clashed with established rules of relations between blacks and whites. In Utah Territory, Mormon polygamy and economic dominance challenged the aspirations of non-Mormon settlers. In eastern Tennessee, desperate poverty lent enchantment to the easy money of moonshining. In Arizona Territory, frontier greed and violence threatened the lives of people and the chances of early admission to the Union of states. Mormons and Cowboys, Moonshiners and Klansmen moves beyond these local case studies to illuminate larger questions, including the evolution of the American criminal justice system, the relationship of the South and the West to the rest of the nation, the workings of the 19th-century American bureaucracy, and conflict of the local, state, and federal governments. Out of the efforts of these early federal marshals came the modern federal justice system, with its firm policy guidelines, its Federal Bureau of Investigation, and its broader powers over the country as a whole.