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1.0 Studying Crime FA .. ; § 4 ++- If you have issues viewing or accessing this file contact us at NCJRS.gov. ,. .. f This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. If w0 RK 'SH 0 P .oPAPERS 1.0 III~ 'J ", ,,. ~\ .'/: "i "Jf 11111. 1.1 111111.8 ''~irI S TOR I CAt AP PRO AC H E \ S 111111.25 111111.4 111111.6 TO STUDYINGQ CRIME L MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STAi'lDARDS-1963-A ! f l OCTOBER 11-12, 1979 ) ",~p'. .', i. Microfilming procedures used to create this fiche comply with /J/' the standards set forth in 41CFR 101-11.504. • I : I 1 Points of view or opinions stated in this document are' those of the author(s) and do'not represent the official . ,t position or policies of the U. S. Department of Justice. 1 .; J " . t National Institute of Justice I United States Department of Justice ~ Washing~on, D.C. 20531 \ p" UNEDITED DRAFT i, o , " '\ I c I ~ 1i\ H H ,~. , ~.i \) United states Department of Justice Law Enforcement Assistance Administration Henry S. Dogin, Administrator TABLE OF CONTENTS National Institute of Law Enforcement and Criminal Justice e,ection Harry Bratt, Acting Director Paul Cascarano, Assistant Director Politics ~Criminal Justice Reform in Nineteenth cerit-ury France • • • • • • • • • • -~ . Thomas J. Duesterberg . Stanford University State and Ptosti tution: Prohibition, Regulation or *WORKSHOP PAPERS Decrimi<h_·.alization? . Mary S. Gibson . Prepa.:-ed for Grinnell College Special National Workshop Development and Decay: Their Impact on Public Order in Western Histdry •• . Ted R. Gurr III HISTORICAL APPROACHES TO S'rUDYING CRIME Northwestern University Chantilly, Virginia Ma trons and Mellis: The Study of Women's Prison History. .7··· 'I?II~ Nicholas F. Hahn October 11-12, 1979 Northeastern University Urban Homicide in the Nineteenth Century: Some Lessons for For the Twentieth. • • • • • • . • • . • Roger Lane . 7 ~ r.-; 'D'(; V THE NATIONAL CRIMINAL JUSTICE RESEARCH UTILIZATION PROGRAM Haver£ord College , ~ ~ Interp:etations of 18th Century Gaming in England and Their Implica­ ~~ t~ons for Present Day Casino Control in Great Britain and the United States. • • • • • • • • • • • David R. Miers ..... 7~;J.ol VI University College - Wales ( .. fi) These papers are being presented at a Special National Workshop held pursuant ~The Qua)!tative Historical Study of Crime and Justice in the to Contract No. J-LEAA-004-79 awarded to University Research Corporation by United States •••••••••••• VIr the U.s. Department of Ju~;tice, Law Enforcement Assistance Administration, Eric Monkkonen ••• 7~7lJ2:-' under the Omnibus Crime C6ntrol and Safe Streets Act of 1968, as amended. The University of California at Los Angeles points of view or opinions 'expressed do not necessarily represent official " (pOlice in America • • • • policy or positions of the U.S. Department of Justice. ~ . '1. ..'i7(D ..... VIII ~\ James F. Richardson University of Akron the Goodl of All: The Progressive Tradition in .piscrm *Unedited Draft. Not for Publication. Reform • • • • • . .• . David J. Rothman . IX 91S8<: Columbia UniVersity J , b n 'Uni'ced States Department of Justice Law Enforcement Assistance Administration Henry S. Dogin, Administrator' TABLE OF CONTENTS National Institute of Law Enforcement and Criminal Justice Section Harry Bratt, Acting Director Paul Cascarano, Assistant Director Politics ~ Criminal Justice Refor\'1l in Nineteenth Ce'n~ury France . 0 • '/ • -~ . Thomas J. Duesterberg Stanford University State and P~stitution: Prohibition, Regulation or *WORKSHOP PAPERS Decrim£nalization? . Mary S.'- Gibson Prepared for Grinnell College Special National Workshop Development and Decay: Their Impact on Public Order in Western History •• 0 Ted R. Gurr 7 1" 03. III HISTORICAL APPROACHES TO STUDYING CRIME Northwestern University LI?/~ Chantilly, Virginia Matrons and Mallis: The Study of Women's Prison History. .77. IV Nicholas F. Hahn October 11-12, 1979 Northeastern University Urban Homicide in the NirH~teenth Century: Some Lessons for For the Twentieth. • • • • • • • . • • • V Roger Lane .. 7 ~ r:;·D·~ THE NA~IONAL CRIMINAL JUSTICE RESEARCH UTILIZATION PROGRAM Haverford College , ~ ~ Interpretations of 18th Century Gaming in England and Their Irnplica­ ~~ tions for Present Day Casino Control in Great Britain and the , United States. • • • VI David R. Miers ..... 71;;00, University College - Wales ( .. fil These papers are being presented at a Special National Workslibp held pursuant QuaMtative Histori.cal Study of Crime and Justice in the to Contract No. J-LEAA-004-79 awarded to University Res~arch Corporation by VII United States. • • • • • •• • • • • ••• 7iL/7'7\,' '. the U.S. Department of Justice, Law Enforcement Assistance Administration, Eric Monkkonen / U L--- under the Omnibu~ Crime Control and Safe Streets Act of 1968, as amended. The University of California at Los Angeles points of view 0r opinions 'expressed do not necessarily represent official policy or positions of the U.S. Department of Justice. \\ »(POI ice in America • • • • • • • 1.'-(7! t; • • • • • VIII 1 ~\ James F. Richardson University of Akron I the Goo;i1of All: The Progressive Tradition in pi S0n *Unedi.ted Dr\fft. Not for Publication. Reform • • • • • . /-' David J o Rothman Columbia University , II ,'n I TABLE OF CONTENTS (con t. ) ---Section I section 'l'. i CSocial Ch-;;;]ge and th\Interpretation~f Research . Michael Wadswortl.,_"", University of Bristol - England I bJ ""'J Louis Police Recruits in the Twentieth Century .7 7. ./Q~ XI I Eugene J. Watts I Ohio State University ~~~OrniCide in the Twentieth Century XII I d 'L::. Margaret A. Zahn I Temple University I The POlitics of Criminal I I I ! Justice Reform in ,·'0 Nineteenth-Century France* \ C) n . U..'D __i~t~·~ , MIiiUOniiI~ af~ This documctilt has ~reprod~ced 8XIClly AS r8celVed from the Pereon of Of!}Inlzltlar, originating II. Points 01 view or ~nlons stated In !hili docum.rnare tbose !:l' Ihe author!! al'ld do nOI necessarily ~t 1h,,·0IlciaI position ofpollaes Of the. National lnitllut~, of Q Jus!ice. PtIrmIIIlon to ~cit Ihis;,;iII_1d malenal hits been granted by. i\' --RubH, NILECJ· c TlCulai.n,? ' . .' ~-' i:. " Thomas J. Duesterberg August 25, 1979 * I have received invaluable assistance on this paper from Elizabeth Muenger. ~his paper has been prepared for de­ thelivery NlLECJ. to the sympoSium on 1iis tory and Crime sponsored by ---- -------,-~----- - -- - 1 I The ,casual obser'ver of modern politics knows that the "c~ime problem" is an issue charged with political importance. A standard salvo in any political campaign is that one's opponent either exhibits indulgence toward the criminal or that repressive measures are weighted unjustly against him. Similar charges have been a regular source of political currency since the late eighteenth century.l What is perhaps less evident is that the repressive practices of a given regime inevitably reflect its most deeply­ rooted political beliefs and reveal much about the nature of its political arrangements. In this paper I would like to explore the history of criminal justice reform in modern France, showing the ways in which political considerations have tempered and shaped them. The French case offers a unique perspective on this question fOr two reasons. First, the history of criminal justice reform in France recapitulates the Western experience in modern times. Each successive stage in the development of the contemporary sys­ tem of criminal justice in the advanced vvestern world is clearly demarcated and articulated in French history. From the campaign against the "barbarism" and "inhumanity" of the Old Regime prac- tices, through the' world-wide movement of prison refOrm in the early nineteenth century, to contemporary practices of "social , defense" and scientific management of deviance, the French have .. been in the forefront of criminology and penal practice. Second, the French political life in the period from 1760 to 1900 (by I ---- -----~~--~- -- -- ~ 2 J which the French. have approached this problem may prove useful. which time the contemporarY system of criminal justice was largely in place)' was more mercurial than that of other nations. More pertinently, the principal changes in criminal law and penal prac­ II tices in France occurred invariably as the result of profound Before beginning a discussion of the pol;t;cal...... meaning of political transformations, that is, soon after revolutions or criminal justice reform, it is necessary to g;ve... a brief overview coup d'~tats. The coincidence in the histories of political of the major stages marking the development of the contemporary regimes and criminal justice reform allows us to gauge the deep program of criminal justice'~n F rance, and to describe in a cursory political grounding of each type of repressive practice developed manner how each stage.;... s I'~n k e d t 0 a particular phase in the evolu- in modern times. tion of modern French democracy. I m~ght. add that I regard this My purpose in delineating the rela'tionship between poli tical process as teleological only in the sense that each of its stages change and reform in the system of criminal justice is of course have contributed to the constitution of the actual system of jus- to show the political limitations in inhibiting or promoting cer­ tice in
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