Journal of Criminal Law and Criminology Volume 53 Article 10 Issue 2 June

Summer 1962 Book Reviews

Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons

Recommended Citation Book Reviews, 53 J. Crim. L. Criminology & Police Sci. 233 (1962)

This Book Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 19621 BOOK REVIEWS of views followed concerning the significance of the offenders' previous background which should be policies and decisions made by the Penitentiaries taken into account, together with the nature and Branch and the Parole Board to the initial assess- seriousness of the crime committed, in determining ment by the trial judge of what sentence he should the kind and length of sentence to be imposed. impose in particular cases. The final session of the conference was opened During the afternoon session, Chief justice by the Attorney-General of Nova Scotia, Mr. R. Ilsley opened a discussion on the effects which some A. Donahoe, who outlined the Provincial Govern- of the 1961 amendments to the Criminal Code may ment's responsibilities and plans for the future have upon the judge's responsibility of deciding development of the correctional system in Nova which of the alternative sentences now provided Scotia. Among the subjects later discussed were under the criminal law will best strike a just the implications, so far as Nova Scotia prisons are balance among the interrelated, but sometimes concerned, of decisions reached at the Dominion- conflicting, objectives of protecting society, deter- Provincial conference on correctional reform in ring other potential offenders, and the need to 1958, the case-loads presently undertaken by the deter or reform the individual prisoner. In the existing probation officers in the Province, and the ensuing discussion special emphasis was placed on need for an expansion in both the adult and the importance of providing the courts with com- juvenile probation staff now available to the prehensive and reliable information regarding the criminal courts.

BOOK REVIEWS

Edited by David Matza*

THE REAL BoHEmA: A SocIoLoGIcAL AND Psy- in any rigorous consideration of the social and his- CHOLOGICAL STUDY OF THE "BEATS." By torical issues dearly implicated in the phenomenon Fraixis J. Rigney and L. Douglas Smith. New of "beatness." (Cf. the considerably briefer and York: Basic Books, 1961. Pp. xx, 250. $5.00 infinitely more provocative piece by Ned Polsky, "The Village Beat Scene: Summer 1960," 8 The reader of this book will be forgiven if, because of its title, he is misled to anticipate that, DISsENT 3 (Summer 1961).) at very least, he will read a serious study of the The research consists of a clinical psychological workup of fifty-one certified Beat colony in San Francisco's North Beach Beats plus a certain neighborhood. With only a cursory perusal of its amount of will o' the wisp participant observation by one of the authors. True, the data are here; contents however, he will quickly intuit that while this may at one time have been the intent of the in tedious excess, in fact-the MMPI profiles, the Rorschach and TAT protocols, the few research whence the volume derives, somewhere along the line it was laid aside in favor of the sketchy paragraphs on social class origins, the residential statistics, etc. headier rewards of popular success and cocktail But these too serve hour acclaim. What we are offered is essentially a mainly as window dressing, an intellectual loss glossy, "easily understandable," "informative" leader, as it were, designed exclusively for the account of the Beat condition and its human professional reader who, it is hoped, will find his personifications-an effort spiritually akin, though way into the premises along with the jostling journalistically inferior, to the Vance Packard mob of wholesome, wide-eyed tourists and thrill genre of social analysis, but one wholly as deficient seekers. For, having paid the price of" admission, it is at once evident that the data, such as they * Assistant Professor of Sociology, Department of Sociology and Social Institutions, 206 South Hall, are, bear no dear or necessary relationship to the University of California, Berkeley 4, California. text, which reflects (as much as an ostensible BOOK REVIEWS (Vol. 53 work in social science can be made to reflect) the ATTFNDANCE Cmms. By F. H. McClintock, in aesthetic of the travelogue. collaboration with M. A. Walker and N. C. The telling traces of kitsch are all here: the Satill. London: Macmillan and Co.; New York: patronizing, cute, and "in" chapter titles ("Making St. Martin's Press, 1961. Pp. 148. $7.50. the Scene," "On the Road," "Kicks"); the be- tween-the-lines name dropping of prominent Beat Under the English Criminal Justice Act of personalities and publicists; the pandering to 1948, Attendance Centres were developed for professional audiences through, for example, the young offenders for whom prolonged training in facile "discovery" of six basic Beat personality an approved school or borstal seemed too drastic, types-"the Tormented Rebels," "the Lonely but for whom probation alone appeared Ones," "the Beat Madonnas," etc.; the liberal insufficient. The opening of the first experimental bracketing of all technical references by quotation centre in 1950 was followed by rapid expansion. marks (the "Project," the "structured" tests, There are now 40 centres in industrial areas, and "style of life," "raw" scores), as if to apologize to no fewer than 2,500 young offenders were sent to the lay reader for their unavoidable inclusion; and them in 1960. It. appears that even greater use will (in the sadly mistaken assumption that it is nar- be made of sentences to the centres in the future, ratively refreshing as well as documentative) the either as independent measures or in conjunction resort to reams of Beat poetry, prose, and protest, with probation orders. the vast bulk of which is merely thrown in for Attendance Centres reports upon an enquiry into presumed literary or human interest effect. One these centres carried out under the auspices of the whole chapter with the pretentious title of "The Cambridge Institute of Criminology. The staff Case for Creativity" consists entirely of such of the Institute visited and studied nine of the matter, save for a few lines of preface in which centres, interviewed magistrates, probation offi- the authors state, wholly gratuitously I might cers, and other authorities, and made a detailed add, "For some idea of what they [the Beats] analysis of all available data concerning 1,200 produce, we reprint here a small anthology of juvenile offenders sent to the centres. The conduct Beat poetry." of the offenders after discharge from the centres Why go on? Suffice it to say, the interested has been followed up, and predictive techniques student will not find here an original, systematic, have been applied, distinguishing between first or, for that matter, particularly informed treat- offenders and those with previous offenses, and also ment of any one of a number of significant issues between those who were on probation and those suggested by the book's title. Inter alia, there is, who were not. for example, no sustained or even implicit dis- ,The report consists of five chapters: "The cussion of such topics as the historical and socio- Emergence of Attendance Centres as a Measure logical connections of the Beat bohemia with other for Dealing with Young Offenders," "The Sen- American bohemias, past and present; the struc- tencing Practice of the Courts," "The Regime tural and functional significance of Bohemia in of the Attendance Centres," "Penal Records and general, and the Beats in particular, for an ad- Social Background of the Offenders," and "The vanced industrial society; the similarities and Effectiveness of Attendance Centre Orders and differences of this form of nonconformity to other the Extent to which Prediction Is Possible." forms extant in contemporary life; the induction Appendices contain additional information needed processes, life contingencies and distinctive kinds to understand the centres and the study. of ego identity that account for the recruitment The book is a useful guide to the background, of some but not other persons of essentially development and operation of attendance centres. similar social backgrounds to the Beat and re- With a few exceptions, the study and its interpre- lated demi-mondes. tations were carried out in a workmanlike manner. For the investigator in such fields as social It is a nonexperimental study; consequently it deviance and criminology these questions remain cannot provide safeguards such as random assign- in all their complexity and are in no measure ment of subjects to experimental and control resolved by the publication of this volume. groups, direct manipulation of experimental FRED DAvis variables, and control over some of the extraneous San Francisco Medical Center variables that might operate during the course of University of California the experiment. And even within the framework BOOK REVIEWS of a descriptive study, certain factors in the tiveness. Other issues about the organization of centre's operations mide it difficult to evaluate services for delinquent children will come to the the effectiveness of the centres' programs. reader's mind. First, should the police be involved First, the class of offenders is inadequately in rehabilitative" work to the degree of operating defined, as "juveniles guilty of the less serious centres? This reviewer considers that the police offenses and whose delinquency could be regarded can serve most effectively in delinquency control as still at an early age .... [the group being] in their traditional role. Second, is a program that restricted to first offenders or to those who, derives its procedures and practices from a punitive having been found guilty on one or more previous philosophy appropriate and apt to be the most occasions, have not previously been confined in a effective? Again, this reviewer'considers that such correctional institution (approved school, deten- a program is neither appropriate nor apt to be the tion centre, borstal institution or prison) and most effective. whose previous treatment has therefore usually GxoazG H. WEBER consisted in either a discharge, a fine or a term of Children's Bureau probation." (p. 23) This describes the offenders Department of Health, Education, and Welfare in terms of their offenses (less serious and first) at Washington 25, D. C. an early age. It is overly general and unsyste- matic, and the youngsters so labeled undoubtedly Comno SEsNS ABouT CRimE AND PuNmBamNT. represent a vast array of problems emerging from By C. H. Roiph. New York: Macmillan, 1961. a variety of conditions. A classification system Pp. 175. $2.95. using social and psychological concepts, though complex and loaded with problems, would have Mr. Rolph, an editor of the New Statesman and provided a more fruitful frame of reference. a contributor to other British and American Second, the centres did not have a systematic periodicals, writes from a background of wide model of treatment--an overall theory and an personal experience as a former Chief Inspector of accompanying set of procedures and techniques to the City of London police. In this small volume he use in their work. Three general programs emerged has tried to cover a broad range of problems in practice, designed: "(1) to have a punitive surrounding crime and punishment as they exist effect and nothing more; or (2) to combine punish- in Great Britain. The book is one of a series ment (the performance of fatigues) with a course (Common Sense About Russia, China,Africa, Race, of instruction or training; or (3) to aim solely at Religion, etc.) aimed at the general public. For reclaiming and instructing. The types reflect to a the professional reader, the limitations of this large extent the personal views of the officers in kind of presentation are implicit in -the publishers' charge. But all are alike in demanding high instructions to series authors: "to assume no standards of discipline and show a uniformly special knowledge of the subject on the part of prevailing spirit of smartness and alertness." their readers; second, to write in a manner im- (p. 46) This description suggests the requirement mediately intelligible to any man or woman-or, of compliant behavior through punishment. The for that matter, to any boy or girl-of average personal views of the officers (generally police and education; and, third, to be as objective as pos- untrained in rehabilitation work) gave rise to a sible." In large measure Mr. Rolph succeeds in variety of practices. writing a lucid, sensible, informed, and humane Third, the recording of the program activities survey of British criminal justice. However, in the various centres was not sufficiently detailed professional criminologists may question selective or sophisticated to offer a genuine record of the emphases in the book and may feel that the need treatment process. for brevity has resulted in a somewhat incomplete In summary, the lack of experimental conditions treatment of particular topics. under which the attendance centres' programs The first part of the book deals with basic were carried out, along with the absence of a definitions, theories of crime causation, and the clear diagnostic classification scheme, the vague legal requirements for the commission of specific definition of its treatment program, and the lack offenses. In discussing causation, Rolph quotes of detailed treatment records leave the reader from Lord Pakenham's Causes of Crime a list of with many questions as to who was treated, under nine influences that can be associated with crime, what conditions, and with what degree of effec- four of which (moral atmosphere of the time, BOOK REVIEWS [Vol. 53

poverty, police efficiency, and punishment as a probation and after-care, he indicates the diffi- cause of crime) he singles out for special attention. culties now prevailing and avenues for future This section ranges widely-from the ambivalence reform. His book concludes on the optimistic note toward government associated with tax avoidance (drawn from a speech by Winston Churchill) to the "invincible self- satisfaction" of the habitual that "there is a treasure, if you can only find it, thief; from the limitations of forensic science to in the heart of every man." It is our job, says the fact that "punishment without love is an Rolph, to find it. unmitigated evil." It might have been useful to Overall, this is an intelligent little book. Though include more discussion of traditional explanations not as comprehensively factual as a few somewhat of crime, particularly theories emphasizing personal similar efforts, such as Elkin, The English Penal characteristics of the offender, since this is an System and H. Jones, Crime and the Penal System, area in which public misconceptions abound. Rolph's provocative comments should enhance In the chapter entitled "What Kinds of Crime?" reader interest. The author displays a rare com- the author explains dearly and concisely the basic bination: awareness of practical police problems, elements of various specific crimes. Because of the scholarly objecti;Aty, and a strong and progressive common law background of American jurispru- interest in reform. dence, many of the principles of British criminal EDWIN M. ScaM law stated here apply also in this country. But in Tufts University the absence of annotation, the uninformed American reader will have no way of knowing THE CONCISE ENCYCLOPEDIA OF CRME AND that this is so, or of recognizing instances in CnnnNALs. Edited by Sir Harold Scott. New which it is not so. Some slight editing of the York: Hawthorn Books, 1961. Pp. 351. $15.00. diffi- American edition could have avoided such This beautifully bound book, with its blood- would have made the volume doubly culties and and-dagger dust jacket, at once impresses the for interested Americans. This chapter informative reviewer as an ideal Christmas or birthday gift of some comparable effort suggests the desirability for the afficionado of detective lore. An examina- the elements of American criminal to spell out tion of the contents abundantly confirms that in paperback form designed for law, preferably impression. Here, retold in concise form, are mass circulation. Dreyfus' sad tale of justice miscarried, the still The remainder of the book comprises astute debated Sacco-Vanzetti case, the Lindbergh of police practices, capital and corporal discussion kidnapping, the vampire murders of Peter Kdirten, imprisonment, probation, and after- punishment, Dr. Crippen's murder-triggered escapade (which care. To some observers Rolph may seem too sparked the inauguration of police radio), and little concerned with the dangers of law enforce- many others. Pirates and highwaymen who dangled ment abuse, as regards the problems of self- from the end of the rope centuries ago here vividly search and seizure, and arrest. incrimination, parade before our eyes. The volume transcends Perhaps in Britain, where the "war against crime" the usual limitations of individual criminality by proceeds in calmer fashion than here, there is less giving us capsuled information on the criminality for worry about such matters. The chapter need of recent group fanaticism as well, the white co-author, on capital punishment (Rolph is also (KKK) and the black (Mau Mau), the brown with Arthur Koestler, of Hanged by The Neck) is (the Third Reich genocides) and the red (atom contains a useful little chart giving .excellent and spies). Not only the hunted, but the hunters as arguments and counter-arguments' for retention well are included-in word and picture-, and so and abolition. Also very well done is the chapter it happens that Sir Patrick Hastings, the famous on corporal punishment, with some descriptions of barrister, faces Neville Heath, the murderer flogging that should give any reader pause. The (pp. 124-25), Sir Edward Henry, the daktylo- author then surveys correctional developments in scopist, keeps company with Alger Hiss (pp. Britain, stressing on the one hand the indignities 126-27), and, when the book is closed, J. Edgar and s6cial wastes of much traditional imprisonment Hoover comes to rest right under Guy Fawkes and and on the other the advantages of open insti- his gun powder plotters (pp. 116-17). tutions, group counselling, and meaningful'com- The book covers an infinite variety of topics, pensated prison work. Similarly, with regard to including all types of criminality, criminalistics 1962] BOOK REVIEWS and criminology, forensic medicine and psychiatry, it always hoped to interest other groups, the as well as criminal law and procedure, all liberally editors now explicitly state that the Conference cross-referred. A concise subject bibliography papers furnish a "two-way channel of communica- (pp. 345-51) leads the afficionado to additional tion between paid and volunteer workers, between readings, among which we find generally the more social work and allied fields, and between the journalistic books of the pros. Aimed principally functional services and the profession." The theme at the reflection of "expressions of popular interest of the 88th Annual Forum was "Concern for in crime and.., the fascination crime holds for Human Welfare: Unifying Force for Survival." many writers and readers" (p. 9), the book never- The theme is reflected in this volume in the four theless is of some value to the criminologist in categories into which the papers fall: (1) "Toward need of a quick reference to a subject of some the Elimination of Poverty," (2) "Social Work other criminological discipline. Within its limita- Practice," (3) "International Social Welfare," and tions, the book is quite successful in achieving the (4) "Perspectives." The editors are careful to aim. The contributions are of a high caliber, point out that "a change in the Federal Adminis- though often so extremely concise as to be a bit tration took place just a few months prior to the misleading. Conference," and add that the change was re- Sir Harold Scott (Your Obedient Servant and flected by welcoming "to its platform several Scotland Yard) conducted this harmonious leaders representative of the change." Two of these criminological symphony, played by 40 virtuosi leaders were President John F. Kennedy, who sent of the profession, mostly British, but some foreign a "Message" to the Conference, and his Secretary (American, French, German-which, incidentally, of Health, Education and Welfare, Abraham marks the geographical limitation of coverage). Ribicoff, who delivered an address entitled "The The publishers, it seems to me, underestimated New Administration Looks at Social Welfare." the sales appeal of this book, for they deemed it Other leaders were the new Under-Secretary of necessary to resort to inflated claims on the inside H.E.W., Wilbur J. Cohen, speaking on "Medical flap: "by more authorities on the vast underworld Care Legislation," and the United States Senator of the lawless than have ever been brought to- from Minnesota, Eugene J. McCarthy, probing gether in one book." The claim is false, since into "The Anatomy of Poverty." Branham and Kutasch's Encyclopedia of Crimi- However, the meat of the Proceedings has nology (1949) numbered 61 contributors as against always been the contribution of social scientists 40 in the instant volume. But what does it matter? and social work practitioners to the field of social It's what's on the canvas that counts, not the welfare. Here, only the third category, entitled number of artists who painted it! "Social Work Practice," properly belongs to the GERnARD 0. W. MUELLER profession of social work. Regrettably, this third New York University part contains only six papers out of the 21 pub- lished. Of 'these papers, I would single out two as TnE SocIAL WELFARE FoRum, 1961. Official particularly worthwhile for the profession. Ruth Proceedings, 88th Annual Forum, National Fizdale speaks on "The Rising Demand for Private Conference of Social Welfare, Minneapolis, Casework Services," a topic still controversial Minnesota, May 14-19, 1961. New York: with many of the rank and file social workers as Columbia University Press, 1961. Pp. xvi, 326. wll as the higher echelons. Miss Fizdale has been $6.00. known for her writings in this particular area for some time and has been a courageous as well as a Again this reviewer has the privilege of reviewing persuasive advocate of social workers engaged for this Journal the annual Forum. Again com- panion volumes to the Forum, containing addi- in private practice. The Proceedings may thus be tional papers, may be found in Community said to have given official recognition for the Organization, 1961 (published by the Columbia Uni- first time to the belief that the trend towards versity Press), and in Casework Papers, 1961 and private practice among social workers has become New Perspectives on Group Work: Theory, Organi- irreversible, or to use the words of Professor zation, and Practice. Sherman Merle in the current issue of Social Work, Formerly the Conference was called "The that the clock cannot be turned back in a develop- National Conference of Social Work," and, while ment which is natural and logical. What dis- BOOK REVIEWS [Vol 53

tinguishes a private practice or a private fee- or in correctional settings, is not always aware charging agency from a community agency? Is how to plan preventive intervention effectively. the former "social work"? Miss Fizdale answers: This is not to say that his shortcomings are his "It is dear from a review of the experience of two alone; it is to say that his problems are those of private services that their clients are asking for his executives, too, who must share in his re- the same things as are the clients of social sponsibility to give better and more service to his agencies." She adds that "clients who seek private clients or patients, without diluting the quality of service also reflect the inaccurate public image of service of the professionally trained individual. the social work profession," and goes on to appeal The present Forum reflects, perhaps, the trends to her fellow-social workers, Professor Merle of our time, and of the last year specifically, included, "to examine the causes of our own because the Conference held high hopes for rapid reluctance to serve these clients." progress as a result of the "change" in our Ad- The other paper selected for discussion here ministration. Since the papers were composed and deals with "Preventive Casework: Problems and delivered, nearly a year has passed, and some of Implications"; the author is Howard J. Parad, the hopes are ieflected anew in the President's Director of Smith College School of Social Work. "Message of the Union" at the beginning of the Dr. Parad submits three theses. First, agencies convening Congress in 1962. These hopes are should provide a program of short-term, person- shared by this reviewer. to-person casework, and focus upon intervention HAs A. ILLING in the affairs of families under stress in order to Los Angeles prevent family breakdown. Certainly, programs of this sort would be supported by parole and proba- STRARECaT-ALLGFm-EuNE Txn. (Criminal Law- tion workers, who often call this method a "bread- General Part). By Jiirgen Baumann. Bielefeld: and-butter" approach to the social problems of Verlag Ernst und Werner Gieseking, 1961. their charges. Second, when this short-term Pp. xxiv, 623. DM 29-. casework approach is located in a range of pre- Unnoticed in this country in mid-1960, a ventive social work activities, it may be viewed as young-if not the youngest-German criminal "early secondary prevention." Dr. Parad feels law professor published a handsome tome, in that the prevention "outweighs its remedial eye-pleasing print and composition, with the aspects." While this is quite true, I fail to see a rather customary title Strafrecht-Allgemeiner rationale for this attitude provided that "secondary Teil (Criminal Law-General Part). But the title prevention" is successful. Third, Dr. Parad is just about the only customary thing about the asserts that "more rational organization of family- book, which is now before us in its mature second oriented social services will enable us to identify, edition. Unusual is the mere fact that a second reach, and serve a largernumberof families in acute edition was called for within one Year. Unusual is stressful situations with an increasingly effective, the fact that in today's Germany it is possible for planned type of preventive intervention which such a young scholar to occupy a leading chair makes more meaningful use of limited profes- of criminal law and to produce a work of such sional resources of time and staff." If I understand magnitude and insight. Unusual is the fact that this sentence correctly, this would imply that this teaching tool-vieing for a student market reaching more families puts a strain on the pro- already bursting with competent teaching tools- fessional resources of time and staff and, therefore, emanated from a publishing house which hereto- they are more "limited." It is a truism that, in the fore, at least in this country, was not regarded as correctional settings of the parole and probation connected with criminal law publications. Unusual systems, this sentence should be placed on the desk is the author's inclusion of a graph explanatory of of every executive and staff-member, as caseloads the various theories of mens rea (p. 314; see also are still by far too high to serve the individual p. 115). And unusual, ultimately, is the completely or his family in either a preventive or a curative novel approach to the presentation of topics. way. The author surely does not wish to be under- The author skillfully employs what we in this stood as pleading for superficiality or poorer country have come to call the "problem method." quality of service. But in the course of the daily Every significant portion" of the book is prefaced pressures, the worker, whether in family agencies by one or several problems-and many others are BOOK REVIEWS interspersed in the text-, some taken from incapacity under section 51 of the German Penal Supreme Court decisions, some hypothetical. In Code. (p. 159) It is unquestionably true that the either case, they are "typical" of the topic which existing code treats only of incapacity to form the the author then discusses. The problems are well requisite mens rea or intent, and, unlike our selected, suitable to stimulate student interest, M'Naghten test, leaves unconsidered the capacity and well adapted for perusal in the subsequent to act in the first place. The author explains: textual elaboration by the author. Here is one of "The child, too, and the mentally ill person, can three problem cases prefacing the chapter on act, as long as they can willingly direct their prerequisites for mens rea (§25, p. 294): physical movements." (Ibid.) It seems to me the "c) Mrs. PFhas made up her mind to seek revenge author feels too strongly tied to the solution which on her husband. She beats him with a hammer the German Penal Code has adopted. Should in order to injure him. But seeing her bleeding there not equally be an acquittal by reason of husband lying on the floor, she becomes fright- insanity if a defendant was not even capable of ened. Now she decides to kill her husband and rational action? The current solution of the she inflicts several other non-deadly blows on German Code, of course, results in the acquittal of him with a miner's pick. Doing so she is over- both trpi of defendants. Yet, only he who is come by highly intense excitement (blood acquitted (by reason of insanity) for want of mens affectation) and blindly continues her blows. rea goes to an institution for the criminally insane, These latter blows are deadly. Is Mrs. F. subject while the probably worse mental case, namely the to punishment? (Based on Supreme Court person who could not engage in rational action in decision BGH St 7, 327)." (See p. 301 for the first place, is acquitted outright. Moreover, solution.) the author's statement to the effect that there is This skillful use of the problem method-the conduct whenever there is capacity to determine first in German criminal law, to the best of my (will) one's physical movement is no longer knowledge-signals an extremely important break tenable in the present state of medical knowledge, with the German scholarly custom of abstraction whether or not one subscribes to psychoanalytical in the presentation of teaching materials. It is to theory. Granted that, for purposes of the criminal be hoped that the new method will be widely law, the concept of conduct is a legal one (p. 153), imitated. it nevertheless must not be in conflict with the The coverage of the book itself does not break teachings of medical science. Criminal laws regu- with tradition. It is extremely thorough, ranging late only (rational) conduct, as distinguished from from historical, bibliographical, comparative, (irrational) behavior, as for example that of a fully jurisprudential, and analytical sections through demented person in the grip of schizophrenia anl the entire slate of topics encompassed by the moving about under hallucinations. Bodily move- General Part of the German Penal Code of 1871, ment there may well be, but action, in the only not in accordance with the order adopted by the meaningful sense of that term, there may well not Code, but in the author's own logical order, i.e., be in such cases. The author's conservative views the object of the criminal law (deed and doer), the on conduct within the insanity issue are the more surprising in view of his immediately preceding, elements of criminal conduct, the metamorphosis truly remarkable discussion of conduct in general of criminal conduct (attempts, forms of participa- (pp. 154-55), where he expressly excludes reflexes, tion, merger, and concurrence), and the punish- somnambulism, narcosis-induced behavior, etc. ments and measures, with a concluding discussion Surely some reconciliation of these conflicting of juvenile law. stands is mandatory. his statements The author has documented All in all, however, this is one of the finest widely, and has thus catered to the needs of the pieces of German scholarship to reach us in years. German practicing bar. He never hesitates to It is vigorous and enlightening, and, side by side refer to, or to take a stand on, the views of other with Schbnke-Schr6der's Kommentar-which ema- authors. All topics are discussed with astounding nated from the same university (Tiubingen)-it is maturity, although the author will probably wish one of the best guides to the practical and the to re-examine his standpoint on a variety of academic criminal law of Germany. issues. To take a random example of the issues in GE EARD 0. W. MUELLER need of re-thinking, I refer to his discussion of New York University BOOK REVIEWS [Vol. 53

Medicine, Science and the Law. Official Journal of recognized in the initial issue is Dr. Milton the British Academy of Forensic Sciences. Helpern, Medical Examiner, New York City. A Vol. 1, No. 1, pp 1-132, October 1960. London, second will be a salute to M. J. B. Orfila, father of England; American agent-Fred B. Rothman forensic toxicology. & Co., 57 Leuning Street South Hackensack, Not only will this journal publish original N. J. $10.00 per year or $2.75 each number. papers, but it has two reference sections which serve to apprise the reader of recent developments This journal, the official publication of the in the field of forensic sciences. The first of these, British Academy of Forensic Sciences, represents entitled "Law for the Scientist," consists of digests a new venture into the broader field wherein the of court cases, statutes, and orders, and is designed various scientific disciplines impinge upon the law to keep the scientist and physician abreast of and its enforcement. For the British Common- legal developments and to show how courts are wealth it serves to cover the same broad field of dealing with medical and scientific matters. Inas- scientific endeavor which, in the United States, is much as the laws of the British Commonwealth covered by the Journal of Criminal Law, Crimin- are somewhat different from those of the United ology and Police Science, and by the American States, this section will be of only academic Journalof Forensic Science. interest in this country. This new journal is under the guidance of an The other reference section consists of imposing list of men all pre-eminently qualified "Abstracts and References" to scientific work by training and experience in their several fields. published in other journals. To some extent these The editor is the internationally-famous Francis are merely a listing of title, author, and journal. E. Camps, M.D., D.T.M. & H., assisted by Peter However, many papers are briefly abstracted so Alsop, M.A., Barrister-at-Law, and Bernard as to indicate their content. These abstracts enable Knight, M.B., B. Ch., and by H. J. Walls, B. Sc., the reader to decide which of the articles is likely Ph.D., and aided by a staff of thirteen Editorial to provide information of value and thus justify Advisors and fifteen Overseas Correspondents consulting the original publications. This abstract (including Dr. Ward Smith, of Canada, and Drs. service is unique in the field of English publica- Richard Myers and Irving Sunshine of the United tions in forensic science and follows the excellent States). pattern set by the outstanding German publica- In its present format the journal proposes to tion Deutsche Zeitschrifl ftir die gesamte gerichtliche cover a wide range of material which will be of Medizin. It is hoped that this section will be interest to both the forensic scientist and to courts developed and expanded, for in the opinion of this and attorneys. Each issue is to lead off with an reviewer, it alone would justify the securing of Editorial Section consisting of "comment both this journal. serious and not-so-serious on day-to-day matters A brief index is provided on the last pages of the of interest and also signed notes by Advisors of the first issue.- Presumably, comprehensive author and Editorial Board upon subjects about which they subject indices will be supplied at the end of each feel strongly." complete volume. Dr. Francis E. Camps and his Original papers, many of them presented at editorial staff are to be complimented on this very sessions of the British Academy of Forensic creditable addition to the published literature in Sciences, will be published in the journal. In this the field of forensic science. first number are such topics as discussions of the .current status of Criminal Law, Criminology, C. W. MUEHLBERGER Crime Detection Laboratory and Forensic Science (by Dr. L. Radzinowicz, Michigan Department of Health President of the British Academy), on "Available Lansing, Michigan Facilities for Post Mortem Examinations" (by H. A. Sissons), "Myocarditis as a Cause of Sudden PSYCHOANALYSIS OF THE PROSTITUTE. By Maryse Obscure Death" (by Colin Corley), and "Dimin- Choisy. New York: Philosophical Library, 1961. ished Legal Responsibility" (by Glanville Pp. 138. $4.75. Williams). Another interesting feature is the proposed When I wrote my book Call Girl (N.Y.: Ballan- series of thumbnail biographical sketches of tine Books 1958) I was faced with a frequent "Famous Forensic Scientists." The first to be so query: "How do you know that the motivation 19621 BOOK REVIEWS

you describe holds true for prostitutes other than spiritual ideal. It is this latter belief which leads the ones you studied?" her to the conclusion that prostitution will not Since then other books have described remark- disappear "so long as our inner attitude toward ably similar dynamics for samples chosen from love is not transformed." The sentiment sounds other socio-economic strata of the world of prosti- noble; I wish I knew exactly what she meant. tution in both England and America. Anonymous, HAROLD GREENwArD Streetwalker (N. Y.: Viking Press 1960); McManus, New York City Not For Love (N. Y.: G. P. Putnam's Sons 1960); Rubin, lit The Life (N. Y.: Macmillan Company CrmoNIcrs OF SAN QUENTIN: THE BIOGRAPHY or 1961). In all three of these books the perceptive A PRsoN. By Kenneth Lamolt. New York: David reader could find ample evidence for what seems to McKay Co., 1961. Pp. 278. $4.95. me the existence of a prostitution syndrome, with The penitentiary at San Quentin, startlingly similar symptoms. These symptoms for many years not only the Big House but include vengeful hatred of men, suicidal depres- the Biggest sion, and deep feelings of worthlessness and self- House, is treated to an informal biography by Kenneth Lamott, who worked as a high school hatred. teacher at the prison in 1952 and has However, believers in the myth of the happy since pub- lished a number of sophisticated prostitute as depicted, for instance, in the fantasy short stories and novels. There is nothing sophisticated about of Never on Sunday, were not convinced. "How this prison chronicle, however. It is, rather, little more about the prostitute in non-Anglo-Saxon coun- than a chronological history of the institution, tries, how about the French whore, surely she is facilely put together, with the author adopting different?" various popular and superficial postures toward Unfortunately for their dreams, Maryse Choisy, the ingredients of the story as they the former president of the French Psychoanalytic unfold. For penologists, the major value of the book Society, has now published another epitaph for the will be to provide additional myth. Her description of the symptomatology, factual documentation concerning correctional institutions. For the character, and etiology of French prostitutes and so- called general reader, the book provides an anecdo- pimps match almost identically their American tal catalogue of the usual blunderings, brutalities, colleagues with whom I was familiar. Even their contradictions, and venalities that pervade the dialogue is strangely familiar to one who knows story of prisons in the United States. For the their American counterparts. In the course of my serious reader, the book is severely marred by the work as a psychoanalyst, I have had the opportu- author's quite callow and callous attitude toward nity to study many diagnostic categories. I have many human and social tragedies associated with yet to see one that ran so true to form as the prosti- San Quentin. It is a dangerous literary game to try tute syndrome. Never was the French proverb, to be clever about morbid things, and only a sure- "La plus ca change, la plus c'est le meme chose," penned veteran should attempt to play at it. Mr. more apt. Lamott has tried and lost, and the book suffers Dr. Choisy has devoted the first half of her slim greatly for the effort. volume to a careful account of the analysis of two The volume is, however, replete with stray bits prostitutes, two pimps, and a profile of the custo- of historical information interesting in and of them- mer. This first section is informative and soundly selves, and Mr. Lamott, assisted based on clinical evidence. Then, unfortunately, in his research by his wife, has been diligent in unearthing such items. she embarks on a fanciful, completely unsubstan- San Quentin, he tells us, was named not for a tiated voyage into speculation about a mythical Spaniard but rather for an Indian who suffered struggle between patriarchal and matriarchal forms military defeat at the site where the institution of society which she labels the "Penic Wars." The stands, and who was later informally canonized by evidence she adduces for these interestingly titled the settlers in the vague belief that such a gesture struggles is infinitesimal, as is too often the fashion would please the Indians. We also learn that with psychoanalysts, particularly when they stray prison hulks, anchored in San Francisco Bay, were out of their area of competence. Even less well employed by California for housing inmates be- founded is her attempt to demonstrate that the tween 1849 and 1853. There is, in addition, a psychoanalytic view is the nearest approach to the worthwhile tracing of the historic benefits and dis- BOOK REVIEWS [Vol. 53 advantages of public and private management of Los Angeles audience, its local consumers will be in prisons as both systems alternated during the early a better position than I to judge its value. I found years of San Quentin. some of the statistical findings interesting and Two well known figures in American criminology others might be, providing they are set in an inter- receive only a jaundiced appraisal from Mr. pretive framework. Lamott. The Reverend August Drahms, chaplain Unfortunately, the study seems to have been (successor to the "moral instructor") at San undertaken without any serious attention to the Quentin from 1891 to 1909 is depicted as a rather literature on delinquency or to specific problems of forbidding and inflexible individual, though ad- agency operation. Consequently the causation mittedly an honest and dedicated scientist. The discussion is quite naive, and the handling of the regime and person of Clinton Duffy is also written data often poor. Furthermore, some of the recom- down by the author, who describes himself as mendations seem clearly to have been decided in "not an uncritical admirer" of the highly-regarded advance of the research, while others could have warden. The stated grounds for such denigration, been made by simply looking at the face sheet. however, are singularly unconvincing. Mr. Lamott's These weaknesses affect both the general and local major pique seems to be directed toward the fact utility of the book. that the Warden received too much favorable The classification of offenses and the treatment publicity. of recidivism will illustrate weaknesses in the Perhaps the most symbolic episode in the entire handling of data. The grouping of offenses serves no book is the one sentence note that in 1929, as part purpose well and is the result of confusing several of a field day at San Quentin, the inmates held a dimensions of classification. Legal definitions, ideas contest to catch a squealing pig which was named of objective social harm, and presumptions about "Parole." Certainly, the volume does nothing to causal process are combined in a way which is challenge the metaphorical note of a recent warden unclear logically and probably without practical. of San Quentin that the institution is "a blind- use. Classing auto theft with such things as drunk folded elephant lumbering along the edge of a driving because they all involve automobiles would precipice." seem to dictate the combining of illegitimate GILBERT GEis sexual relations, homosexuality, and homicide Department of Sociology because they all involve bodies. Why shoplifting Los Angeles State College should ultimately be called a criminal act while auto theft is called an unacceptable impulse expres- MEASURING DELINQUENCY: A STUDY OF PROBA- sion remains a mystery to me. TION DEPARTMENT REmuk. By Joseph W. The authors caution that recidivism among Eaton and Kenneth Polk. A Study by the Welfare juveniles may not indicate degree of anti-social Planning Council, Los Angeles Region. Pitts- involvement. "The most delinquent youngster, no burgh: University of Pittsburgh Press, 1961. matter how many offenses he commits, will not be Pp. xv, 102. $7.00. defined as recidivist in Probation Department records as long as he remains under Departmental The purpose of this study is to discover "What supervision." The tendency for probation officers can be learned from routinely available public to keep a case open longer if they have evidence records that is useful in the planning of delinquency of a new offense destroys case closing and reopen- prevention and treatment programs?" (p. v) These ing as an index of recidivism, and the study should routinely available public records are the machine not have tried to use it. But this action on the punched face sheet information on juveniles re- part of the officers implies that they at least see ferred to the Los Angeles County Probation De- recidivism as indicative of antisocial involvement partment during 1956. The book has ten short chapters devoted to the volume of delinquency, and index it in some other way. Lack of attention nature of offenses, age, sex, ethnic status, marital to either the copious literature on the measurement status of parents, geographic mobility, recidivism, of recidivism or to the actual operating practices sources of referral, and disposition. There are also of the Probation Department results in a recom- chapters on delinquency causation, questions for mendation to practitioners not to use an index further study and, finally, recommendations. they do not seem to use anyway. Since the study seems exclusively aimed at a The recommendations for practice and further 19621 BOOK REVIEWS research presented in the study seem mostly un- first published in 1957. They contain dramatic exceptionable, but I question whether they re- acdounts of life in organizations highly restrictive quired that the research be performed before the of a person's life. Goffman describes total institu- recommendations could be made. In one case the tions from the perspective of the inmate, the staff, issue seems to have been decided well in advance of and a third point of view which represents an the research. Thus, of the descriptive variables anthropological, functional view of how the in- associated with variations in referral rates, the mate's identity is reconstituted because of the authors label age, sex, and ethnicity as "untreat- general and specific ritual and ceremonial activities able" and parental marital status as "treatable." of the organization. Leaving .aside the question whether family The two chapters by Goffman and the two by instability is in fact "treatable" with the required McCleery are similar; both are striking accounts frequency of success, I wonder about the lack of by observers with intimate knowledge of everyday interest in programs that might produce changes in life in total institutions. McCleery uses the political the lives of minority group youngsters or in order as his model, and like Goffman relies upon programs aimed at dealing with adolescence. In implicit observations which are quite convincing. fact the book seems to label as "untreatable" all Goffman and McCleery force us to sympathize factors that do not fit in with a quite narrowly with the inmate regardless of how he was placed conceived commitment to social casework meas- into the institution. The materials b Goffman ures. One doubts that this commitment reflects and McCleery, when viewed as dramatic glimpses more than prejudgment. of -a totalitarian reality which the outsider can Other recommendations lack this quality of pre- seldom appreciate, provide a realistic backdrop judgment but probably could have been made for the other chapters. without the research. Most of the research recom- Galtung's paper, like Goffman's and McCleery's, mendations, though sensible in themselves, fall points out the organizational incompatibilities in- into this class. Simple perusal of the face sheet volved in prison activities and employg the persec- would have indicated that more subtle data on tie of one who knows, the organiZation: from the family life and economic conditions not now "'inside." Galtung, however, provides a mdre con- "routinely" available would be nice to have. So too crete picture of how the prisoner's "external" with the recommendation that data be reported on characteristics, i.e., 'actual ;incarceration and a census tract basis. punishment, are tied to'the organizational dilem- Lest these judgments be interpreted as-profes- mas of control and rehabilitation. These dilemmas sional snobbery on the part of a sociologist dero- tend to make interest in changing "internal" gating social welfare policy-oriented research, let conditions, (i.e., the prisoner's psychic identity) a me add that I am convinced of the crucial signifi- difficult enterprise, given the institution's author- cance of sophisticated policy-oriented research for ity over the prisoner and its interest in seeing him both social science and social practice. Because I accept and benefit from therapy or treatment. believe the problem to be so important, I have Weber's chapter on cottage parents shows the reviewed this book more extensively than it would consequences of alteration from a custodial to a otherwise warrant. treatment orientation. He stresses the benefits of DAVID J. BORDUA a completely professionalized, clinically oriented, Department of Sociology staff, and points to the problems which can arise University of Michigan when those closest to the inmate are not clinically oriented. Tsm PmsoN: STUDIES IN INSTTTIONAL ORGANrI- The chapter by Schrag represents a brief but ZATiON AND CHANGE. Edited by Donald R. comprehensive coverage of sociological theory by Cressey. New York: Holt, Rinehart and Win- which studies of crime, criminals and prisons ston, 1961:Pp. 392. $6.00. should presumably be oriented. Schrag's emphasis This volume contains a well-balanced set of upon sociological theory and the importance of papers describing life under the highly bureaucra- operational definitions and clear, reproducible tized system of social relationships controlling findings constitutes excellent coverage of what persons in prison. The first two chapters by research in criminology has long neglected. His Goffman represent an extended version of a paper references to inmate and staff perspectives for BOOK REVIEWS [Vol. 53

developing researchable typologies provides a nice The chapter by .Glaser and Stratton reports link between the theoretical and methodological some preliminary findings of a study directed by issues with which he begins his chapter. His own the senior author. The preliminary material leads work and that of his students are admired by this the authors to question the use of social types by reviewer as examples of application of sociological Schrag and others because of the exaggeration theory and methodology to criminology rather contained in such designations. Glaser and Stratton than treatment of criminology as a special field of are attempting to obtain sequential information inqAiry with divergent points of view, procedures, over time on prisoners ag a means of making social vested interests, and value-laden objectives. types more precise. Their objections imply that The chapters by Wheeler and Garrity, following any system of types commits the researcher to a in the tradition set by Schrag, provide systematic measurement system which must exhaust the empirical studies derived from sociological theory population in question. This means that if the and provide the basis for comparable and replica- types are exaggerations (and their users un- ble research. Wheeler's empirical study of the doubtedly recognize this), then a certain amount of differential perception of staff and inmates con- error will occur consistently. The theoretical and cerning each other's social worlds shows, for empirical problems here are whether some prisoners example, that there is an "overperception" of (and how many) do not fit the types, and whether conflict. He shows that persons in more visible, other types tend to emerge, or existing types more centrally located positions (and therefore change over time. with better access to communication channels), This collection of essays and research papers is who are also more verbal and recalcitrant, are the an excellent follow-up of the important S.S.R.C. most influential inmates in generating among other monograph Theoretical Studies in Social Organiza- inmates the over-perception of conflict. Garrity's tion of the Prison. The Prison can be used as a sup- chapter reports research which questions the plementary text in both criminology and complex notion that prisons produce crime and always organization courses and can provide professional affect prisoners negatively., He shows the usefulness workers in the field of penology with the latest of Schrag's inmate typology for describing the theoretical and empirical findings in the field. inmate community and discusses how being typed AARON V. CICOUREL leads to participation in different social worlds with University of California different kinds and amounts of social control. Riverside