Journal of Criminal Law and Criminology

Volume 49 | Issue 4 Article 15

1959 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, 49 J. Crim. L. Criminology & Police Sci. 360 (1958-1959)

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. BOOK REVIEWS [Vol. 49 and insights to existing legal knowledge, as well as P. King of Haddonfield, N. J.; James S. Palermo useful proposals for reform, but it also gives law of Hazelton, Pa.; Frederic M. Reuss, Jr. of Hollis, students the chance to study the law in action as N. Y.; John W. Roberts of Stamford, Conn.; and well as the law in the books." Allen G. Schwartz of Brooklyn, N. Y. The seven students who participated in the JAmES C. N. PAUL, Director project are: George J. Alexander, Philadelphia, Institute of Legal Research, Pa.; Melvin D. Glass of Brooklyn, N. Y.; Michael Univ. of Penna.

BOOK REVIEWS

SIR JAMES FITZJAMES STEPHEN (1829-1894) AND husband by poison. He sentenced her to death but His CONTRIBUTIONS TO THE DEVELOPmENT OF the sentence was later commuted. CRrmiNAL LAW. By Leon Radzinowicz, LL.D. Stephen was a champion of criminal law codifica- Director of the Department of Criminal Science tion upon which he worked assiduously after his and Fellow of Trinity College, Cambridge. return from India. London, Bernard Quaritch, 11 Grafton Street, Besides several hundred essays he published a W, 1957. Pp. 70, Price 6s. 6d. Digest of the Law of Evidence and a Digest of the Dr. Leon Radzinowicz, in this 1957 Selden Criminal Law. His magnum opus was the History Society Lecture on Sir James Fitzjames Stephen of the Criminal Law of England, published in 1883. (1829-1894) pointed out that one of Stephen's He also published the General View of the Criminal earliest essays was on the "Characteristics of Law and a Digest of the Law of Criminal Pro- English Criminal Law." "He was the first to in- cedure in Indictable Offences. terpret the present state of the criminal law by an Lord Goddard referred to Stephen as, "That examination of its antecedents and to blend the great master of criminal law." historical and expository mode of analysis; the Dr. Leon Radzinowicz said in summing up, first to turn his back upon the amorphous and dis- "Thus in the brief space of fifty years, between jointed structure of all the current text-books in 1830 and 1880, penal administration had under- which case was heaped upon case and statute upon gone many changes and a different attitude statute leaving the reader confused and bored." towards crime and punishment had developed. He proposed many changes in the criminal law. During this period of flux, Stephen, the barrister, codifier, writer and judge, was exercising his in- Among others was the removal of the distinction quiring mind in reflexions upon criminal matters between felonies and misdemeanors and a general of all kinds." re-grouping of crimes; a broadening of the concept "Perhaps we do not realize as we should, wrote of criminal insanity; to change the definition of Professor (Dean) John H. Wigmore, 'that in Sir broaden the definition an unlawful assembly; to James Fitzjames Stephen's History of the English of criminal contempts, and to restate the law of Criminal Law and Mr. L. Owen Pike's History of blasphemous libel in order to promote freedom of Crime in England, taken in combination, we pos- religious speech." sess an account such as no other single country "To him the retention of capital punishment possesses-except perhaps Italy!" was the keystone of all moral and penological There is a bibliography of Stephen's Publica- principles." tions and Selected Manuscripts, including Histori- He helped bridge the gap between the criminal cal, Biographical and Critical Publications. Those code of India and the criminal law of England. interested in genealogy will find a Table of the Among the cases he heard as judge was the cause Stephen Family. c~l~bre involving the American Mrs. Florence JOHN W. CURRAN Maybrick. She was charged with murdering her De Paul University 19581 BOOK REVIEWS

PosITrIoN AND SUBJEcT-MATER o CRnuNoLoGY; the normative aspect of crime, we run the risk of INQUmY CONCERmNG TiEORETICAL CRM- mutilating reality beyond recognition." Thus he NOLOGY. By H. Biandzi. North-Holland Publish- clearly goes on record in favor of a broad multi- ing Co., Amsterdam, Netherlands, 1956. pp. disciplinary approach to the problems of crime and VIII + 216 (Paper bound). $3.25. the criminal. This monograph, by Hermanus Bianchi, was It is when Dr. Bianchi turns to proposals for originally published as a thesis in partial fulfill- the reconstruction of criminology that he gets into ment of the requirements for a degree at the Vrije serious trouble. Like some American sociologists, Universiteit, Amsterdam, where the author is now he believes that the term "crime" must be freed a member of the department of criminology. Its from its legal restrictions so that it may serve purpose, according to the author, is to promote ,science in an objective analysis of the norms of criminology as a science in its own rights and in- society. After dragging the reader through a morass dependent of the control of other sciences, such of verbosity, Dr. Bianchi defines crime as "a sinful, as sociology, psychology, and psychiatry. ethically blameworthy, defiant and erroneous act, The volume is divided into an introduction and eventually prohibited by penal law, at any rate five parts in which Dr. Bianchi examines the scope, deserving to be followed by conscious counter- theory, and contents of criminology and makes action on the part of society, which inits behavior- recommendations for its reconstruction. It also aspects is the evidence of a failure of reciprocal contains a list of references and an index of authors' socio-physical adjustment of society and the indi- names, but it has no subject index. However, the vidual, being a 'deficient' mode of expression by table of contents does have explanatory notes which man runs counter to his own self." While regarding the subject matter of each chapter. the reader is still trying to recover from this flood The task undertaken by Dr. Bianchi is a formi- of unbelievable verbiage, he is amazed to find the dable one requiring not only a broad understand- author saying: "It is, of course, not possible to ing of sociology, anthropology, psychology, and record all the appendages of crime in one defini- psychiatry, but also a firm grasp of the principles tion since such an attempt would indeed require of criminal law. However, there has long been a the whole of a book. We are, therefore, not deluded need of a searching examination of the funda- by the belief that, not even approximately, all the mental concepts of criminology, its position in the incidentals of crime have been considered." fraternity of sciences, and its relationship to the The author's unwieldy definition of crime not criminal law, and the author's inquiry is certainly only flies in the face of customary usage, but also a timely one. in effect removes the term "crime" entirely from Regardless of how Dr. Bianchi's recommenda- the domain of science by tying it to the concept tions for the improvement of the present situation of sin, for, as Dr. Bianchi naively admits, "the- may be received, he must be praised for his efforts ology of all times has after all not been able to to solve a most difficult problem and for the sound solve the problem of sin." How we are to advance position he takes with regard to some fundamental the cause of science in a field already crowded with issues in the field of criminology. Thus he believes difficult problems by introducing an even greater that criminology must focus itself on both crime unsolved problem the author does not make clear. and man and must therefore take into account all Dr. Bianchi's troubles stem from his avowed the social sciences as well as the criminal law. In purpose to create an independent theoretical his opinion, the days of criminology conceived as criminology. And yet to reduce the ills of crimi- merely a section of sociology are over for "a re- nology no such grandiose plan is necessary. What duction of criminology to 'sociology of crime' de- is needed is a clear recognition that our knowledge prives the subject-matter of criminology of very of human behavior is still decidedly limited, that essential phases of the crime problem and the all sciences must contribute to an understanding problems concerning the perpetrators of crime." of the origin, nature, and development of the norms However, Dr. Bianchi emphatically disagrees both of human behavior and the causes of their viola- with those who would label most criminals as tion, and that thus both the crime and the criminal victims of mental disease and with those who would must be taken into consideration in the study of explain crime largely in terms of the biological criminology. In order to avoid confusion and mis- factor because, as he explains, "whenever we omit understanding, it is wiser to retain the term BOOK REVIEWS [Vol. 49

"crime" for the violations of the norms that are especially helpful for students, police and public embodied in the criminal law and to use some such officials, parents and citizens who are truly in- term as deviant behavior for violations of all norms terested in the welfare of their communities. whether legal or not. Thus in the study of norms ARTaUR LERNER and their violation, the scientist would in no way Los Angeles be restricted by the concepts of criminal law nor would he seek to alter its terminology, although the results of his research could be utilized by the THE MEASUREMENT AND APPRAISAL OF ADULT law in the modification of its concepts and prin- INTELUGENcE. By David Wechsler, (4th ed), ciples. In its broadest sense criminology is the entire The Williams & Wilkins Company, Baltimore, body of knowledge regarding crime and criminals. 1958, ix + 297. $5.00. To the extent that this knowledge is scientific, This fourth revision is an extensive and well- criminology is an applied science, the theoretical written replacement for a work which has been basis of which is to be found in the social sciences a classic since shortly after its presentation in and the law rather than in any independent science 1939. As in previous editions, particularly the of theoretical criminology. third, Wechsler presents and expostulates on his Much of what Dr. Bianchi has to say will not theory of intelligence as being the end-product of be acceptable to American criminologists. Cer- a multitude of "interacting abilities". Findings tainly the awkwardness of his English and the of and applications with the adult intelligence obscurity of his style will not help his cause. Never- scales are dealt with prolifically in this volume. theless, it is hoped that his efforts will stimulate Numerous comparisons and contrasts are drawn others to undertake further examinations of the between the Wechsler-Bellevue Intelligence Scale concepts and subject matter of criminology. Per- and the Wechsler Adult Intelligence Scale and haps they will be more successful. their respective standardization populations. well ROBERT G. CALDWELL There is extensive re-writing and revision as State University of Iowa as the addition of chapters on age and sex dif- ferences as related to intelligence, changes in the intellect following brain damage, and the use of CRIMINOLOGY AND CRIME PREVENTION. By Lois the wais in guidance. Lundell Higgins and Edward A. Fitzpatrick. The book, on the whole, is written in the same Milwaukee: The Bruce Publishing Company, style as the previous edition. One still questions 1958. xii + 471 pp. $8.50. how much intelligence is involved in wais subtests, This volume is written from a positive point of information and vocabulary, rather than exposure view toward criminology. The authors reject a to material which would permit the memorization deterministic frame of reference and emphasize of these facts. Wechsler even comments that "... the concepts of individual responsibility, the in a number of studies the test [information] also natural law, the philosophy underlying the criminal shows considerable loadings on the memory fac- aw, and the free will of the human being. The tor", but does not mention it in connection with atter implies to the authors that the individual is the vocabulary subtest. responsible for his actions when he is free to act Statistical faults in the W-BI have largely been without force or coercion and when he is not eliminated in the present work. It should be noted mentally ill. for those who might plan to purchase this book The authors do not minimize the range of the for the sake of having a manual of Wechsler's causes of crimes and delinquency via any pet tests, that the section on "Manual of Bellevue theory. There is clear recognition of the dangers Intelligence Tests" (which was Part III of the of oversimplification. 3rd edition) has been completely eliminated. In addition to being a meaty book, the book It seems a pity that this has been done, since, lincludes three special appendixes of helpful sources especially for the student, it provided a ready lof information. These are: the Code of Comics reference to the subject material of the chapters, Magazine Association of America, Inc., the Tele- as well as an easy method of looking up and com- vision Code of the National Association of Radio paring weighted scores in the tables, which have and Television Broadcasters, and the Standards also been eliminated. of Practice for Radio Broadcasters. A. STANLEY WEBSTER "Criminology and Crime Prevention" should be Knoxville, Ten. 19581 BOOK REVIEWS

A SEARCH FOR MAN'S SANITY (The Selected and Practice" of which the present work is a part Letters of Trigant Burrow with Biographical points out in his Preface to this gigantic enterprise, Notes). William E. Galt. (Ed.). Oxford Uni- the idea was to present a text on psychiatry in the versity Press, New York, 1958. x + 615. $8.75. form of lectures in order to "enliven" it, since the Pioneer and advocate in the study of human collaborators could see no reason why a text on behavior in a group setting, Trigant Burrow was psychiatry had to be "dull!" The two volumes are a forthright proponent of the study of communica- divided as follows: the first volume, comprising tion. He was his own best example in the prolific over 500 pages, is written entirely by Prof. Hans letters which he turned out-professional, personal, Hoff, and contains nineteen lectures. The second and one almost suspects at times, for literary volume which begins with page 537 contains a purposes. symposium of lectures, Hoff delivering only five The letters are divided into sections encompass- out of the seventeen. These lectures are on child ing largely Dr. Burrow's concepts of the psycho- psychiatry. Each lecture in the first volume is logical world, but are also filled with a great many devoted to an aspect of psychiatry or neurology. homilies. The breadth of individuals with whom The treatment is not always comprehensive. There he corresponded is shattering; encompassing the are few aspects, however, not represented; and great and near-great of the pschological world altogether the volume (allowing for the author's for the past thirty years. Yet, profound as some preferences, such as two lectures on epilepsy) ap- of the epistles are, the book would be of interest pears to me a beautiful summary of basic psy- only to one who was familiar with the writings and chiatry. While the author does not claim pro- philosophy of Burrow in the broadest sense. Many fundity or originality, he does manage to present of his letters are to personal friends, and although the subject in a concise and readable manner with- it is pleasant to the present writer to read of his out falling prey to oversimplification or super- own personal friends in White Sulphur Springs, ficiality, For instance, in his chapter on Tiefenpsy- West Virginia, dancing the Virginia reel; obviously chologi (Depth Psychology), Hoff expounds the this would be of little interest to the average "basic" Freud to beginners in less than ten pages; reader-even the average scholarly reader; for yet this reviewer found, to his amazement, that certainly the book is scholarly. One must note, all was covered in the most simple and lucid idiom with the utmost emphasis, however, that it is and polished German, very much as in Freud's a book either for one so familiar with Burrow that writings in the latter's heyday! The safne chapter he may glean many nuances from the letters which also presents the essence of Jungian, Adlerian, and would be unavailable to the sensibilities of the other schools of thought with equal felicity. The ordinary reader, or he must seek people or places chapter on Oligophrenie (Mental Defectiveness) he knows from the letters-and certainly Burrow appears to me a classic and generally superior to corresponded with individuals in the most un- American writings on this subject. A Chapter on likely places. Exogener Reaktianstyp will come as news to most In short, this is not a book to be read without American professional readers. Coined by the frequent reference to other works unless the reader Swiss psychiatrist Bonnhoefer, the term connotes is very highly specialized in the work of the author those psychotic etiologies, which are caused by of the letters. external factors, such as intoxication and somatic A. STANLEY WEBSTER illness, and which exclude the endogene schizo- Knoxville, Tennessee phrenias, such as the manic-depressive. Finally, there are chapters on testing (not too common in LEmBUH DER PSYCHIATRIE. VERHUETUNG, the psychiatric literature), on various therapies PROGNOSTIK UND BEHANDLUNG DER GEISTIGEN (one chapter is devoted to shock therapy alone), UND SEELISCHEN ERKRANKUNGEN. (Prophy- the history of psychiatry (the author considers laxis, Prognosis, and Treatment of Mental and himself a student of the great American psychi- Emotional Illnesses) by Hans Hoff,M.D., with atrist, Adolf Meyer, whose merit, he thinks, was the collaboration of Drs. Gaetano Benedetti, to bring psychiatry back into the fold of medicine), Rudolf Brun, Martin Gschwind, Hugo Krayen- and alcoholism. buehl, Heinrich Meng, and Werner A. Stoll. The second volume (also containing chapters Basle, Switzerland: Benno Schwabe & Co., on. the neuroses, psychohygiene, the psycho- 1956, 922 pp. (2 vols.), Sfr. 56. therapies, and psychosurgery) concludes with two As the editor of the series "Psychogiene, Science, chapters by Martin Gschind (who holds doctoral BOOK REVIEWS [Vol. 49

degrees in medicine as well as in law), which should ability of communists to propagate their false be of special interest to readers of this JOURNAL, doctrines as a challenge to our educational proc- on Die zivil-und sirafrecihliche Stellung der Geiste- esses. He has probably heard this answer to the skranken (the civil and penal position of the men- challenge: "But the teacher's business is with the tally ill.) Dr. Gschind provides ample bibliographi- curriculum." Such a remark, as this writer under- cal material and case studies, including American stands it, betrays ignorance of an essential in all sources. education at home and at school: knowledge of Criminologists should be able to use this work subject matter and zeal for it. Where these are as a choice reference work. Better than most books lacking the chance that a youngster will be chal- this reviewer has seen, domestic or foreign, it will lenged by lessons and chores to "put on a fight for tell them "all" about the questions pertaining to it" approaches zero. And where no challenge is psychiatry and psychology, and their relating to felt frustration is not far away. And frustration the law. spells truancy and recklessness-plunging this HANS A. ILLING way and that to find relief. One can find commu- Los Angeles nism by that route. If teachers and parents are equipped with knowledge of what they are expected to teach, and MASTERS Op DECEIT. By J. Edgar Hoover. Henry with zeal for it, they will find the necessary Holt & Co., Inc., 1958. Pp. 374, $5.00. techniques for "getting it over" to our idealistic The details which crowd this book would make youth that this or that particular value of our difficult reading but for the fact that the author "way of life" is for strong and skillful men and is skilled in the art of using them in written dis- women who are able "to do things." "Puny, weak, course: a rare accomplishment. yellow ones can't take it." To be effective in our The author makes it as clear as day that we non- struggle to establish our "way of life" and to block communists have much to learn from the pro- out whatever would steal its life, every day- cedures of the communists. They are showing us especially where youth are concerned-must be what we lack and must acquire if we are to be most crowded with challenges to show "what you're effective in preventing youths from becoming made of." This is one thing that Mr. Hoover's communists and in defending ourselves against book will call to mind. their machinations. The text is divided into seven parts, entitled, We must put some zeal into our political and "Who isyour enemy?";" How Communism begins;" religious faiths; it will then overflow upon our "The Communist Appeal in the United States;" political and religious behavior. We take for "Life in the Party;" "The Communist Trojan granted the very battlements which our enemies, Horse in Action;" "The Communist. Under- the communists, are undermining with their ground;" "Conclusion." There are twenty-four consummate patience, skill and determination. chapters and four appendices, a glossary, a Bibli- We are in a state of apathy while the enemy is ography of Major Communist "Classics," and an alert. And this even where our own youth are Index. concerned at home and at school. They have no Read Part V, ("The Trojan Horse in Action.)" tolerance for our apathy. And we often seem to Here are six chapters with which every one of us have forgotten that they are idealists, and that, should be thoroughly familiar: "Communist given half a chance, they are not content with being Strategy and Tactics;" "Mass Agitation;" "In- arm chair idealists. "Up 'n at 'em" is their natural filtration;" "The Communist Front;" "Com- motto. munism and Minorities;" "The Communist Are we mature adults as ready as the commu- Attack on Judaism." This, and Chapter 22 ("What nists are to disrupt our home and neighborhood Can You Do?") are "musts." In the last named and club life "for a cause?" A communist who is chapter Mr. Hoover has taken a page out of the assigned to a job in the underground will take it Communist book "Do something concrete- on, though he must cut himself off even from op- everybody .... he FBI can't do everything. It has portunity to keep in touch with his family. "Hank jurisdiction over violations of 140 Federal laws in a didn't know that Hazel almost died from third country with 170,000,000 population, and it has degree burns; that I was adrift and had to go to fewer than 6,200 agents. It needs help." mother in order that daughter and I might live." RoBERT H. GAULT Mr. Hoover no doubt correctly regards the Evanston, Illinois