© in This Web Service Cambridge University

Home , Palmer Raids

Cambridge University Press 978-1-107-00884-7 - Criminal Justice in the United States, 1789–1939 Elizabeth Dale Index More information

i n d e x

Abelman v. Booth, 18 Brown v. Mississippi, 100 abolitionists, 17, 19, 42, 46, 54 Brown v. New Jersey, 88 abortion, 66 Bureau of Internal Revenue, 83 Adair v. United States, 119 Bureau of Investigation, 120 Adkins v. Children’s Hospital, Burns, Robert, 113 101, 120 Alien and Sedition Acts, 11 Carroll v. United States, 102 American exceptionalism, 6 chain gangs, 79 American Legion and vigilante Champion v. Ames, 119 activity, 115–116, 126 Chicago Municipal Court, 111–112 Americanization of the law, 3, 22, Chicago’s Juvenile Court, 111 25, 28, 31, 41, 57 Chin Mook Sow, California v., Anthes, Massachuetts v., 60, 77, 88 see also jury nullification church congregations, 94 anti-lynching, 114, 117 citizens committee, 126, appeal, 30, 57 see also law and order Auburn Prison, 34 leagues autopsy, 106 Civil Rights Act of 1866, 85 Civil Rights Act of 1875, 85–86 Baptiste, United States v., 19 Civil Rights Cases, 86 Barnard, Kate, 113 class, criminal justice system and, 27 Barron v. Baltimore, 16, 75, 88 Coffin v. United States, 87 Beccaria, Cesar, 32 common law crime, federal, 9, Bell, United States v., 88 14, 25 Bertillion System, 104 commonsense justice, 90 Bill of Rights, 16, 88, 101, 103, 135 Comstock Act, 85 Blackstone, William, 26, 55 Congress, refuses to act, 8, 12, 14, boycotts, 46–47, 114 20, 117

179

180 Index

convict leasing, 79 Espionage Act of 1917, 118–119 conviction rate evidence, 28–29 New York City, 58 Ex parte Crow Dog, 85 Philadelphia, 59 exclusionary rule, 102, South Carolina, 59 see also Fourth Amendment Coppage v. Kansas, 120 executions, 78, see also death coroner, 23, 58, 69, 106 penalty criminal law reform, 23 private, 77 cruel and unusual punishment, public, 30, 32, 77 78, 88, 101, see also Eighth of slaves, 38 Amendment expert witness, 109 extradition, 102 death penalty, 113, extralegal, 91 see also executions extralegal action and rough justice, 113 church congregations, 42 defendants, federal criminal as community justice, 127 cases, 88 duel, 94 defendants, state court criminal feuds, 93 cases, 88 gossip as, 27, 40, 173 disorderly conduct, 110 by mobs, 172 double jeopardy, 88, 130 outsiders and, 93, 95 Dred Scott Case, 55 private policing as, 96 drugs, 66 shaming, 42 drunkenness, 110 as state action, 115, 126 due process, 17, 19, 89, extralegal justice, 2, 40 98–101, 103, 110, 114, church congregation, 64 see also Fourteenth slaves and, 38 Amendment whipping as, 48 duels, 42, 47–48, 94 Dyer Act, 118–119 false confessions, 107 Federal Bureau of Investigation, 120 Eastern State Penitentiary, 33–34, federal crimes, 86, 118, see also penitentiary see under the names of specific E.C. Knight, United States v., 87 acts economic crime, 25–26, 52 Act of 1790, 10 economic justice, 41, 45–46, federal prisons, 10, 117–118 49, 114 federal territories, 9 Eighth Amendment, 88, 102 federalism, 1, 7, 17, 21 electric chair, 78 felony courts, 58, 73, 110 English law, influence on American feuds, 93 law, 22, 24, 26–27, 36, 76 Fifth Amendment, 88–89, 101, 130 Enlightenment theories, 22, 32 fingerprints, 104 entrapment, 102, see also Fourth firing squad, 78 Amendment First Amendment, 101 equal protection, 76, 98, Fishman, Joseph, 113 see also Fourteenth Force Act of 1870 85 Amendment Fourteenth Amendment, 76, 85, Erdman Act, 86 89, 98, 103

Index 181

Fourth Amendment, 102 jury de mediatate linguae, 76, Frank, Leo, 99, 114, 127 see also Equal Protection Frankfurter, Felix, 103 Clause; mixed jury Fugitive Slave Act of 1793, 11 jury nullification, 19, 29, 43, 48, Fugitive Slave Act of 1850, 13, 56, 58–59, 70, 90, 94 17–18 Alabama, 71 fugitive slave cases, 115 Connecticut, 71 definition, 19 good time laws, 83, 112 in federal court, 87 gun law, federal, 119 federal jury, 18, 19 in Georgia, 70 habeas corpus, 8, 13, 84 in Illinois, 60, 71 Hamilton, Alexander, 135 in Indiana, 60 Harris, United States v., 86 in Kentucky, 60 higher law, 47 in Louisiana, 71 Hoke v. United States, 119 in Maine, 60 house of refuge, 80–81 in Maryland, 60 Hudson and Goodwin, United in Massachusetts, 59 States v., 14–15 in Missouri, 60 Hurtado v. California, 88–89, 132 in Pennsylvania, 70 in Vermont, 71 Illinois Association for Criminal justice and law, 61 Justice, 103 juvenile court, 112 immigrants and criminal justice, 74 juvenile offenders, 80 In re Debs, 87, 128 incorporation doctrine, 89, 100, Kajama, United States v., 86 103, 130, see also Hurtado v. Kentucky and Virginia California Resolutions, 18 indeterminate sentences, 82 kidnapping, 119 indignation meetings, 90 Ku Klux Klan Act, 85–86 information, 70, 89, see also Hurtado v. California; law and order leagues, 95, 115 jury: grand lawyer, 28, 75, 100 insanity defense, 55, 90 legalism, 90 interpreters, 74 Lexan Committee (New York), 103 irresistible impulse, 56, Livingston, Edward, 25 see also insanity defense local justice, 3, 22, 24, 30, 39, 62, 64, 108 Jerome, William Travers, 115 Lochner v. New York, 101, 129 Johnson v. Zerbst, 101 Lottery Act, 86, 119 Jones & Laughlin v. NLRB, 129 Lovejoy, Elijah, 42 Judiciary Act of 1789 8–10 lynch mobs, 91–92, 98–99, 113 jury, 89 grand, 25, 56, 67, 86, 87 magistrate, 23, 58 of inquest, 22, 56, 67, 104 Major Crimes Act, 85–86 instructions, 27 Mann Act, 118–119 petty, 25, 87 McAllister, New Jersey v., 109 women on, 39 medical examiner, 69, 106

182 Index

military tribunals, 83 Pervear v. Massachusetts, 88 Miln, New York v., 16 petty courts, 57, 110 minor offenses, 110 petty treason, 26 Minor v. Happersett, 89 Pinkerton’s detective agency, 83 mixed jury, 76, see also jury de plea bargain, 73, 105 mediatate linguae police, 3, 24, 36–37, 52, 58, M’Naughton rule, 56, 67–68, 91 see also insanity defense academies, 104 mob, 17, 31, 40, 45, 63, 69, 91, 94, Charleston, S.C., 37 113–114 community as, 115 English, 40 corruption, 103–104 justifications for,42 force, New Orleans’, 37 and mortality, 41 military and, 50, 81, 102 resistance to law, 31, 41, 49 misconduct, 104, 122 varieties of, 41 national guard and, 115 of women, 46, 49 in the North, 51 monopoly on violence, 6, political control of, 67 see also Weber, Max popular influence on, 67 Moore v. Dempsey, 99 private, 93, 115, 116 morals offenses, 26, 53 riot, 125 federal law, 85 in the South, 50 Mormons, 46 women officers, 104 Morrill Anti-Bigamy Act, 84 police power, 16–17, 86, 131 Moyer v. Peabody, 99–100 definition, 7 federal, 120 nation-state, 6, see also Weber, Max state, 7, 87, 120 National Commission on Law popular constitutionalism, Observance and Enforcement, 1–2, see also popular 104 sovereignty natural law, 47 popular justice, 2–3, 17, 90–91 Nettles and Cannon, South and race, 49 Carolina v., 30, 77, 106, 108 and the State, 117 NLRB v. Fansteel, 129 popular resistance to law, 54, 64, 67 obscenity, 66 popular sovereignty, 1, Olmstead v. United States, 102 18–19, 22, 41, 47, 127, Ordinance of Nullification, South 135, see also popular Carolina, 18 constitutionalism Osborne, Thomas Mott, 113 Porter, Massachusetts v., 59 Posse Comitatus, 9, 13, 115, 117 Palko v. Connecticut, 130 abolitionists and, 18 Palmer Raids, 121 Act, 84 pardon, 31, 64, 77, 83 Pound, Roscoe, 90, 103, 107 parole, 83 Powell v. Alabama, 100 penitentiary, 3, 33, 35, 78, 81, presumption of innocence, 87 see also prisons Prigg v. Pennsylvania, 17 Pennsylvania prisons, 32, see also penitentiary; criminal law reform, 25 reform school; reformatory punishment in, 32 labor, 34, 78, 113

Index 183

reformers, 34 federal laws regarding, 11 for women, 82 patrol, 36 private prosecution, 28, 61 Sorrels v. United States, 102 property crime, 25–26, 52 South Carolina, punishment in, prosecutor, 28, see also lawyers 32 public defender, 75, Sparf and Hansen v. United see also lawyers States, 90 punishment, 31–32, 35, 78, 114 Spies v. Illinois, 89 banishment, 35 Spooner, Lysander, 19 branding, 35, 38 State, and criminal justice, 1 death penalty. See execution State, extralegal justice and, 2 pillory, 35 State, monopoly on violence, 1 whipping as, 35, 38 State, rise of, 1, 6 state sovereignty, 21 race and criminal justice system, statutory rape laws, 66 27, 73 steelworkers strike, 127 reform school, 80 Sterling v. Constantin, 100 reformatory, 81 Sunday closing laws, 26, 53–54 reformers, 34, 58, 66, 81, 112–113 Swift v. Tyson, 15 regulatory crime, 53, 131 right to counsel, 74, temperance, 46, 66, 94 see also lawyers third degree, 104, 107 rights, 53, 55, 129–130 Thirteenth Amendment, 85 rights-based argument, 75 Tilly, Charles, 1 riots, 33, 48, 79, 114 Tocqueville, Alexis de, 19, 21 Rogers, Massachusetts v., 56 torture, 100, 104 rough justice, 58, 91, see also lynch treatise, 57 mobs Twining v. New Jersey, 103 rule of law, 2, 25, 58, 60, 73, 91, 114 Uniform Crime Reporting, 120 rules of procedure, 3 United States Constitution Rush, Benjamin, 25, 32 Article I, 8 Article III, see Bill of Rights or Scott v. Sandford, 55 particular amendment Scottsboro Case, 100 United States Marshal, 9 search warrant, 24, see also Fourth United States v. Carolene Amendment Products, 131 Secret Service, 84 unwritten law, 48, 90 Sedition Act of 1918 118–119 sex, criminal justice system and, 27 vagrancy, 110 Sherman Antitrust Act, 86–87 Valentine v. United States, Shipp, United States v., 98 102 Sixth Amendment, 75, 101 vendetta, 93 slave vigilante groups, 46–47, 115, codes, 37–38 126–127 compensation for execution of, in New Orleans, police and, 52 39 in San Francisco, police and, courts, 37–38 47, 52 and criminal law, 36 Volstead Act, 119

184 Index

Walnut Street Jail, 33 Weeks v. United States, 102 Ward, Kentucky v., 64 Weems v. United States, 101 warrantless seizure, 102, West Coast Hotel v. Parish, 129 see also Fourth Amendment Western State Penitentiary, 33 Watson, Tom, 114 whipping as punishment, 35, 38 Weber, Max, 1–2 Wickersham Commission, 104, 107 Weberian theory, 20 wiretaps, 102