CRIME AND JUSTICE AT THE MILLENNIUM Essays by and in Honor of Marvin E. Wolfgang CRIME AND JUSTICE AT THE MILLENNIUM Essays by and in Honor of Marvin E. Wolfgang

edited by

Robert A. Silverman Queen's University, Canada

Terence P. Thornberry University at Albany, USA.

Bernard Cohen Queens College, USA.

Barry Krisberg San Francisco, USA.

SPRINGER SCIENCE+BUSINESS MEDIA, LLC Library of Congress Cataloging-in-Publication Data

Crime and justice at the millennium: essays by and in honor of Marvin E. Wolfgang! edited by Robert A. Silverman ... let a1.]. p. cm. Includes bibliographical references and index. ISBN 978-1-4419-4930-1 ISBN 978-1-4757-4883-3 (eBook) DOI 10.1007/978-1-4757-4883-3 1. Wolfgang, Marvin E., 1924- 2. Crime. 3. Criminology. 4. Criminal justice, Administration of. I. Wolfgang, Marvin E., 1924- II Silverman, Robert A., 1943-

HV6025. C69 2001 364-dc21 2001050334

Copyright © 2002 by Springer Science+Business Media New York Originally published by Kluwer Academic Publishers in 2002

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The Publisher offers discounts on this book for course use and bulk purchases. For further information, send email to. TABLE OF CONTENTS

I. Introduction

Introduction Ira Lipman ix

Essays in Honor of Marvin E. Wolfgang: An Overview Terence P. Thornberry, Bernard Cohen, Robert A. Silverman Xlll

Acknowledgments xxv

Reflections on a Scholarly Career: An Interview with Marvin E. Wolfgang Freda Adler 1

II. Crime and Justice at the Millennium

A. The Criminal in Society

1. Patterns of Violent Behavior

Subcultures of Violence and Beyond: Theory Integration in Criminology Charles F. Wellford, David A. Soule 15

Political Violence: Patterns and Trends Austin T Turk 31

Intimate Partner Violence: The Legacy of 's Thinking Albert P. Cardarelli 45

Social Stress and Violence in Israel: A Macro Level Analysis Simha F. Landau 59

Violence among Russian-Germans in the Context of the Subculture of Violence Theory Elmar G.M Weitekamp, Kerstin Reich 81

2. Criminal Homicide

Arrest Clearances for Homicide: A Study of Los Angeles Marc Riedel 99 VI Trends and Patterns of Homicide in Australia Satyanshu Mukherjee 121

3. Longitudinal Studies

Investigating Race and Gender Differences in Specialization in Violence Alex R. Piquero, Stephen L. Buka l35

Carrying Guns and Involvement in Crime Alan J Lizotte, Trudy L. Bonsell, David McDowall, Marvin D. Krohn, Terence P. Thornberry 153

4. Victims of Crime

Victim Categories of Crime Revisited Simon I. Singer 169

B. The Criminal in the Arms of the Law

1. Policing

A Minimum Requirement for Police Corruption Carl B. Klockars, Maria R. Haberfeld, Sanja Kutnjak Ivkovich, Aaron Uydess 185

Community Policing in Canada: An Evaluation for Montreal Andre Normandeau 209

The Wolfgang Legacy on the Intersection of Race and the Death Penalty Ruth-Ellen M Grimes 231

2. Juvenile Courts

Should the Juvenile Court Survive? Barry Krisberg 239

C. The Criminal Under Restraint

1. Prisons

The Life of Lifers: Wolfgang's Inquiry into the Prison Adjustment of Homicide Offenders Hans Toch 253 va

Truth in Sentencing and Prison Infractions James J Collins, Donna L. Spencer, George H Dunteman, Peter H Siegel 273

III. In His Own Voice: Selected Essays by Marvin E. Wolfgang

In His Own Voice Barry Krisberg 291

Victim Precipitated Criminal Homicide Marvin E. Wolfgang 293

Seeking an Explanation Marvin E. Wolfgang 307

Violence, U.S.A., Riots and Crime Marvin E. Wolfgang 317

The Social Scientist in Court Marvin E. Wolfgang 337

Youth Crime: Sumer and Later Marvin E. Wolfgang 353

Crime and Punishment in Renaissance Florence Marvin E. Wolfgang 365

We Do Not Deserve To Kill Marvin E. Wolfgang 383

Of Crimes and Punishment Marvin E. Wolfgang 397 INTRODUCTION

Ira Lipman

Marvin Wolfgang was the greatest criminologist in the United States of America in the last half of the 20th century, if not the entire century. We first met on March 3, 1977, in Philadelphia. I sought him out after his work with Edwin Newman's NBC Reports: Violence in America. He was a tender, loving, caring individual who loved excellence-whether it be an intellectual challenge, the arts or any other pursuit. It is a great privilege to take part in honoring Marvin Wolfgang, a great American. Our approaches to the subject of crime came from different perspectives• one as a researcher and the other as the founder of one of the world's largest security services companies. We both wanted to understand the causes of crime, and our discussions began a more than 21-year friendship, based on mutual respect and shared values. Dr. Wolfgang's scholarship aimed for the goal of promoting a safer, more prosperous society, one in which economic opportunity replaced criminal enterprise. He never saw crime in isolation but as part of a complex web of social relations. Only by understanding the causes and patterns of crime can society find ways to prevent it. Only through scholarship can the criminal justice community influence policy makers. To encourage the innovative scholarship that marked Marvin's career, Guardsmark established the Lipman Criminology Library at the University of Pennsylvania, at his request, and created a national criminology award in his name, the Wolfgang Award for Distinguished Achievement in Criminology. This honor is awarded at the annual American Society of Criminology convention, and, as Wolfgang imagined, it has become known as the "Nobel Prize of Criminology."

The Wolfgang Award recognizes the person whose work most clearly upholds the standards set by Marvin during his outstanding career. In 1993, we presented the first Wolfgang Award to its namesake. In the months before his death in 1998, Marvin chose a committee to recommend his successors for the award. Since then, we have presented this award to criminologists who exemplify the qualities of scholarship and intellect that Marvin possessed. His celebrity was not limited to the United States. He was a visiting professor at Hebrew University in Jerusalem and the University of Cambridge in England, and he also practiced his profession in Buenos Aires, Paris, x Crime and Justice at the Millennium

Belgrade, Rome, Stockholm and Oslo. In addition, Dr. Wolfgang advised many governments, including those of England, Israel, Italy and China. Marvin also exerted a worldwide influence through his academic contributions. In 1994, the British Journal of Criminology named him "the most influential criminologist in the English-speaking world." During nearly 50 years at the University of Pennsylvania, where he earned his doctorate, Dr. Wolfgang introduced and developed a method of analyzing great amounts of crime data over several years-such as arrest records for a cohort of individuals. These "longitudinal studies" found patterns that helped predict criminal behavior. Before Marvin Wolfgang, criminology focused on criminal psychology and anecdotal material. Wolfgang's 1958 study, Patterns of Criminal Homicide, changed that focus. By analyzing nearly 600 murders in Philadelphia, his research found that more than a quarter of the victims had instigated the violence. Delinquency in a Birth Cohort, published in 1972, was his greatest work. This study of 10,000 Philadelphia boys demonstrated that a relatively small number of repeat offenders were responsible for a large percentage of crime-a finding that has influenced legislative bodies and policy makers around the world. As one writer put it, "Much of what everybody really knows about crime came from [Marvin Wolfgang's] research." At the University of Pennsylvania, Dr. Wolfgang was a professor of criminology and law and director of the Sellin Center for Studies in Criminology and Criminal Law, named for his mentor, Penn criminologist Dr. Thorsten Sellin. Under Marvin's guidance, Penn became the center of criminology studies. More than 100 doctoral students, many of whom are now professors at universities around the world, thrived from his mentoring, which produced a new generation in criminology. Studying with him bestowed a prized credential. An extraordinary teacher, his lessons coupled the substance of his scholarship and high expectations. Students responded with top-level performance. It is impossible in a limited space to do justice to Dr. Marvin Wolfgang's career and his impact on public policy. He served as president of the American Academy of Political and Social Science and the American Society of Criminology, as a leader of the National Council on Crime and Delinquency for twenty-five years, and as the editor of The Journal of Criminology and Criminal Law and Annals of the American Academy of Political and Social Science. Dr. Wolfgang served on several presidential commissions as research director for such topics as Law Enforcement and the Administration of Justice (Johnson administration); Causes and Prevention of Violence (Johnson and Nixon administrations) and Pornography (Nixon administration). His many honors included the Guggenheim Fellowship and the Fulbright Prize; the Dennis Carrol Prize, presented by the International Lipman XI

Society for Criminology; the American Society of Criminology's August Vollmer Research Award; and the Roscoe Pound Award, presented by the National Council on Crime and Delinquency for distinguished contributions to the field of criminal justice. Dr. Wolfgang's interests were varied; his intellectual curiosity ranged across many disciplines, giving a breadth and depth to his scholarship. His research on crime was always grounded in the context of human society and history, in the way people actually lived. Before Dr. Wolfgang, the science of criminology was not widely known. By pioneering interdisciplinary partnerships between sociologists, psychologists, medical professionals, economists, political scientists and statisticians, he elevated criminology into the center of social studies. He was a historian of Renaissance Italy, a giant of American sociology, a philosopher and a public policy analyst. In addition to his intellectual strengths, Marvin Wolfgang was a charismatic and remarkable presence to those who came in contact with him. Despite the fame, influence and honors, the growth of his beloved students was always foremost. His home and heart were always open to students, present and former. To those of us fortunate enough to know him, he was a man of the highest standards of personal and professional behavior. Marvin was a gentle, discerning, elegant man, whom we miss terribly. Although most of his life was spent studying violence and crime, Marvin Wolfgang was the quintessential man of peace. While others played to fears about crime, his writings conveyed the need for unity and calm. He exemplified the Gandhian ideal that nonviolent action was the most powerful force for social change.

Perhaps because Marvin had studied society so thoroughly, including its worst elements, he was able to understand human behavior. Instead of producing anger and despair, this understanding of his fellow human beings engendered tolerance, compassion and hope. The chapters of this publication testify to the greatness of Marvin's legacy through examples of his writing and assessments from those who knew him. It is a tremendous honor to participate in this important project. We hope that readers will gain an insight into what made Marvin Wolfgang such a significant scholar, such a towering intellect and such a warm and endearing friend. His work lives forever. ESSAYS IN HONOR OF

MARVIN E. WOLFGANG:

AN OVERVIEW

Terence P. Thornberry School a/Criminal Justice University at Albany

Bernard Cohen Queens College and the Graduate Center City University a/New York

Robert A. Silverman Faculty 0/ Arts and Science Queen's University

Introduction

Marvin E. Wolfgang was an amazingly catholic scholar with a criminological imagination that knew no bounds. He was equally interested in theory development and in detailed empirical investigation. He was as at home with crime in Renaissance Florence as he was with crime in 20th century Philadelphia or China, and he studied both with equal elan. He was concerned with scientific objectivity, but also with informing and influencing public policy on the basis of his science. His scholarly life was animated by an abiding desire to understand what makes offenders tick so as to prevent their criminal behavior. It was equally animated by a concern for victims and a yearning to reduce their suffering. He was interested in all things criminological and refused to let his imagination be channeled into narrow topics. Given the broad canvas on which he painted, perhaps the most surprising characteristic of his scholarship was its combined novelty and XIV Crime and Justice at the Millennium quality. Over a career that spanned the second half of the 20th century, he continuously ventured down new pathways of criminological investigation - patterns of criminal offending, the subculture of violence, the measurement of delinquency, and the study of birth cohorts, to recall a few - and in all of these areas the quality of his work was first rate. Not only did he introduce new areas of inquiry, new theories, and new methodological approaches to criminology, he did so in works that instantly became, and still remain, classics. Amazing! Like his mentor Thorsten Sellin, Marvin was always "very curious" about new topics. And, like his mentor, he addressed them in the most rigorous and valid scientific ways. Whether he was struggling with a basic research question - how to measure the seriousness of crime - or a highly charged political issue - racial discrimination in the application of the death penalty - his high criteria for scholarship never wavered. He would amass the data, analyze them fully and carefully, and finally, offer only those interpretations strictly consistent with the data. As Marvin acquired many of these traits from his mentor, so too did he pass them on to a new generation of scholars. Marvin himself was a marvelous mentor to hundreds of students and colleagues. He encouraged all of us to have - and to improve upon - the same standards he demanded of himself. To have insatiable curiosity about one's subject matter. To read and study broadly. To have an historical and comparative outlook so as to put contemporary issues in proper perspective. To engage policy without ever loosening the reins of scientific rigor. To search for new theories and methods. To take teaching seriously and to mentor young scholars. And, above all, to keep in mind that the common purpose of our enterprise is to rehabilitate offenders and assist victims alike in order to create a more just and equitable society. A tall order indeed. It is not surprising, therefore, that Marvin succeeded at it far better than we - his students and colleagues. But we have tried to follow his lead, however inadequately. And we think it most appropriate to honor his life• long commitment to scholarship and his vast contributions to criminology with a volume of essays by some of his students and colleagues. The reSUlting Festschrift is divided into two major sections. The first, Crime and Justice at the Millennium, contains essays by Marvin's students and colleagues. The second, In His Own Voice, reprints several of Marvin's own essays to remind us all of what a strong, resonant voice it was, and is. This chapter introduces the first section; a later one by Barry Krisberg introduces the second.

Crime and Justice at the Millennium Thornberry, Cohen, Silverman xv In organizing this Festschrift, we simply could not invite all of Marvin's students and colleagues to contribute to it. His reach was so broad that it would have led to a multi-volume publication that was unrealistic and impractical. We therefore asked a smaller group of scholars to contribute to this undertaking. We apologize to those not included here and hope that they understand the dilemma faced by the editors of this volume. In inviting contributors, we selected scholars working in a diverse set of areas that is reflective of the topics that Marvin dealt with in his own scholarship. We also confess to a slight generational or cohort bias. The editors were Marvin's students during the late 1960s and the list of contributors somewhat overrepresents our classmates and colleagues. As you will see, the Festschrift does not have a single theme. The essays cover a range of topics from basic theory construction, to patterns of crime, to prison adjustment. This is hardly surprising. Just as Marvin folIowed his own criminological imagination, he always encouraged his students to follow their own intellectual pathways, not his. Clearly his scholarship and sage counsel were tremendously influential in guiding what we did and how we did it. So, many of these essays are in areas to which Marvin contributed, like studies of homicide and research based on longitudinal designs. Others are in areas in which Marvin had a more passing interest, such as policing or prison adjustment, although many of these studies reflect concepts and tools that he developed. But this is as he would have wanted it. This section is divided into three major parts: The Criminal in Society, The Criminal in the Arms of the Law, and The Criminal Under Restraint. Many of you will recognize these as the subtitles of his massive three-volume reader in criminology, Crime and Justice, co-edited with Sir Leon Radzinowicz. What better way to organize these contributions than by using the same taxonomic principles that Radzinowicz and Wolfgang developed in 1971? They hold up remarkably well.

The Criminal in Society

Patterns of Violent Behavior

We begin our examination of the criminal in society with a section on patterns of violence. A strong theme that runs through and unites XVI Crime and Justice at the Millennium Wolfgang's scholarship is a concern with understanding and preventing violent behavior. Violence was never narrowly conceived or defined in his work, however; it ranged from individual acts of criminal violence to riots and collective violence. It was concerned with contemporary and historical violence, with American and comparative violence. The breadth of this concern is reflected in the essays in this section. In 1967 Marvin Wolfgang, the sociologist, published with his long• time friend and colleague, Franco Ferracuti, the Italian psychiatrist, The Subculture of Violence. That book presented a general theory of violent crime that was one of the first systematic efforts to develop an integrated theory of crime. Their theory combined aspects of culture conflict, social disorganization, social learning, and psychiatric approaches to studying crime and violence. In "Subcultures of Violence and Beyond: Theory Integration in Criminology" Charles Wellford and David Soule assess Wolfgang and Ferracuti's approach to theoretical integration, especially what they called "theoretical fusion." Wellford and Soule place that approach within the context of current models of theoretical integration. They first distinguish between within-discipline strategies and interdisciplinary strategies and then review several current theories that are exemplars of each approach. In their discussion and conclusion, they point to the continuing vitality of "fusion" as a model for theoretical integration. In "Political Violence: Patterns and Trends," Austin Turk offers a general theoretical model of the social conditions that lead some political disputes to escalate into political violence and others to de-escalate before violence erupts. Understanding these processes is fundamentally related to an understanding of the interplay between political and social power, on the one hand, and legal power and the enforcement of laws, on the other. Turk's fine-grained model distinguishes among types of political violence - coercive, injurious, and destructive violence - and examines the conditions that lead to them, as well as the consequences that flow from them. Throughout his discussion, Turk grounds his discussion in examples of contemporary political conflicts. Interest in intimate partner violence is a relatively recent phenomenon in criminological research. It is rare to find Wolfgang's name associated with this stream of research or theory. In his chapter, "Intimate Partner Violence: The Legacy of Marvin Wolfgang's Thinking", Albert Cardarelli shows that Wolfgang's interests were sufficiently broad to incorporate most areas of research on family and intimate partner violence, however. Wolfgang's early interest in victim-offender relationships, which is first seen in Patterns in Criminal Homicide, is embedded in most of the subsequent work involving intimate violence. Certainly, there has been a culture shift since Wolfgang's 1958 work, and, of course, there have been a myriad of policy changes regarding intimate violence, but the basic concepts Thornberry, Cohen, Silverman XVll

(and many of the original findings) presented in those early works are still valid for contemporary research and theory in this area. Patterns in Criminal Homicide has served as a model for much research on violence in general and homicide in particular. Landau used it when he first explored "Ethnic Patterns of Homicide in Israel" with I. Drapkin. In his chapter included here "Social Stress and Violence in Israel: A Macro Level Analysis", Simha Landau examines the relationship between social stress and violence in Israel. Given its size and brief history, Israel has proven to be a natural laboratory for sociologists and criminologists. In this case, added to normal society stresses, Israel is consumed by its continuous concern for security. Using data on robbery and homicide, Landau examines a stress-support model that he generated in an earlier work. Stress and support are seen as two parts of the same theoretical model, a model that proves to be quite useful in examining stress and violence in Israeli society. Elmar Weitekamp and Kerstin Reich combine the themes of some of the earlier chapters by examining involvement in violence from a comparative perspective and by using the subculture of violence theory as the guiding conceptual model. Their essay "Violence among Russian-Germans in the Context of the Subculture of Violence Theory" focuses on the formation of violent subcultures in contemporary Germany, especially among the "Aussiedler", recent immigrants from Russia whose families originally came from Germany. Their analysis traces the history of this group, describes their current status in German society, and examines how traditional cultures and current government policy can shape the behavior of these youth. Their cogent analysis reminds us of the continuing relevance of Sellin's culture conflict theory and Wolfgang and Ferracuti's subculture of violence thesis. Their chapter also raises profound questions about the criminological consequences of globalization and the proper role of government immigration policy.

Criminal Homicide

Wolfgang's doctoral dissertation, conducted under the guidance of Thorsten Sellin, focused on a detailed empirical description of 588 homicide cases in Philadelphia. His dissertation was subsequently published, in 1958, as Patterns in Criminal Homicide. That study began Wolfgang's life-long interest in homicide, an interest that influenced many of his students and colleagues, as reflected in the essays by Marc Riedel and by Satyanshu Mukherjee. When Patterns in Criminal Homicide was published in 1958 the clearance rate for homicide in the United States was about 92%. That is, XV111 Crime and Justice at the Millennium very few homicides were "unsolved". As we enter the 21 st century, the clearance rate is less than 70% and it was as low as 65% in the mid-1990s. It is no wonder that Wolfgang devoted a scant 10 pages to the topic of homicide clearance while some of his students have made it a major research focus. Marc Riedel is one of those and in this volume presents a thorough analysis of homicide arrest clearance rates for Los Angeles. In "Arrest Clearances for Homicide: A Study of Los Angeles" Riedel presents both the literature and his findings on the relationship between a number of variables (e.g., gender, race, age, gun use, the presence of another felony, stranger involvement) and the clearance of a homicide event. Lagging the dependent variable for up to three months, Riedel is able to confirm some findings from previous research while challenging others. Finally, he decries certain policies that thwart greater precision in clearance analysis. One of the hallmarks of Marvin Wolfgang's research was a focus on a detailed empirical description of the phenomenon under investigation. That same care and respect for the data are seen in Satyanshu Mukherjee's chapter "Trends and Patterns of Homicide in Australia." Mukherjee's chapter covers two major issues. The first is a comparative trend study of Australian homicide in which he both traces levels of homicide over the better part of the 20th century and compares Australian rates to those of the U.S., Canada, and England and Wales. These data place homicide in comparative perspective and, especially for an American audience, highlight the devastating role that guns play in lethal assaults. The second section focuses on a more detailed portrayal of patterns in Australian homicide over a ten• year period, 1989-1999. Mukjerhee describes both offenders and victims, paying particular attention to the role of gender and of race in understanding the crime of homicide.

Longitudinal Studies

Marvin Wolfgang is probably best known for his pioneering longitudinal research project on the Philadelphia birth cohort of 1945. The first phase of that project was published in 1972 in Delinquency in a Birth Cohort, with Thorsten Sellin and Robert Figlio, and the second phase in 1987 in From Boy to Man--From Delinquency to Crime, with Terence Thornberry and Robert Figlio. This study, especially Delinquency in a Birth Cohort, is arguably the most influential criminological investigation ever undertaken. It opened the way to increased reliance on longitudinal research and contemporary panel studies of delinquency, to the criminal career paradigm, to developmental and life-course theories of crime, and to revised policies to fight crime. Since then, longitudinal studies have become the design of Thornberry, Cohen, Silverman XIX choice for etiological investigations and for understanding the course and development of antisocial careers. Two chapters represent this style of research. Alex Piquero and Stephen Buka, in "Investigating Race and Gender Differences in Specialization in Violence," focus on the issue of offense specialization, especially with respect to violent crime. One of the most basic findings of the Philadelphia cohort study was the absence of offense specialization. Juvenile offenders turned out to be quite versatile in their delinquent behavior, an observation that challenged both theories and common observations of the day. That finding has been replicated several times and Piquero and Buka re-examine it using data from the Providence cohort of the National Collaborative Perinatal Project. Tracing the official criminal careers of the nearly 4,000 members of this cohort allows for a detailed investigation of this issue. Piquero and Buka found no discernable tendency for offenders to specialize in violence. Noting the paucity of studies that examined this issue within race and gender groups, the authors next examined this issue for males and females, for whites and non-whites, and for the four race-by-gender groups. Again, they found no evidence of violent specialization in the Providence data. Piquero and Buka end by discussing the implications of these findings for current developmental theories of delinquency and crime. In their chapter "Carrying Guns and Involvement in Crime" Alan Lizotte, Trudy BonselI, David McDowall, Marvin Krohn, and Terence Thornberry use data from the Rochester Youth Development Study to examine the relationship between hidden gun carrying and the rate and types of crime committed by adolescent males. By tracing the pattern of gun carrying over time with repeated interviews, the authors investigated whether involvement in self-reported delinquency increases during those time periods when the adolescent also reports carrying a gun. Doing so combines two issues that characterized Wolfgang's own scholarship - longitudinal investigations and a concern for the impact of firearms on crime, especially violent crime. Briefly, these authors found that during time periods when young males carry guns, their involvement in violent crime and selling drugs, but not property crimes, escalates. The chapter closes by discussing several policy implications of these findings.

Victims of Crime

Throughout his life Marvin Wolfgang was concerned with victims, both with their role in the criminal event as seen in his seminal study on victim-precipitated homicide, and in the broader study of victimization and victimology. xx Crime and Justice at the Millennium When he introduced the concept that a victim could contribute to his or her own victimization, Marvin Wolfgang set the stage for a new area of research concern. There had been few scholars before him who showed any interest at all in the role of the victim (von Hentig being a notable exception). Most readers will know that serious scholarly interest in victimization really did not flourish until the late 1960s. The first International Conference on Victimization took place in 1973 in Jerusalem but Wolfgang's initial contribution to the area predates the conference by almost two decades. Simon Singer co-authored "Victim Categories of Crime" with Marvin Wolfgang in the late 1970s. Here he revisits that issue and re• examines the major categories, illustrating Wolfgang's insightful and precise work. In his discussion of victims who precipitate crime, Singer convincingly places Wolfgang within an interactionist framework - a theory with which Wolfgang is rarely associated. Later he shows how victims played a role in the generation of Wolfgang's subculture of violence thesis, efforts to measure the seriousness of delinquency, and the birth cohort studies. In effect, Singer shows that many aspects of Wolfgang's contribution to the discipline emanate from or were influenced by an interest in victims of crime. Clearly, taking victims into account enhances our understanding of the criminal event. Wolfgang was among the first contemporary criminologists to appreciate and capitalize on that fact.

The Criminal in the Arms ofthe Law

This section moves us away from a focus on the causes and patterns of offending to a focus on how the criminal and juvenile justice systems react to offenders. There are three chapters, two on policing and one on the juvenile court.

Policing

According to most criminal justice practitioners and scholars, an initial step in learning how to control police misconduct is to measure various forms of police corruption. "Wrong", assert Carl Klockars, Maria Haberfeld, Sanja Ivkovich, and Aaron Uydess, in their chapter "A Minimum Requirement for Police Corruption." They discuss the problems of measuring police corruption, arguing that it is difficult to examine this abstract concept utilizing quantitative techniques. Instead, the research team Thornberry, Cohen, Silverman XXI examined its conceptual antithesis, police integrity, a concept more manageable and amenable to empirical analysis. Drawing on a sample of 3,235 police officers from thirty different U.S. police agencies, they develop a set of measures characteristic of police integrity, based upon carefully constructed sketches of police misbehavior, reminiscent of the crime scenarios developed by Marvin Wolfgang and Thorsten Sellin in their study on the measurement of delinquency. The system for estimating police integrity by Klockars et al. is extremely flexible and permits comparative ranking of police agencies on a continuum of police honesty. The study also administered the same measure to a sample of 375 university students and compared their scores to those of police officers. The findings lead to conclusions that are both informative and run counter to common sense notions derived from previous research on police corruption. Readers will find this chapter highly evocative and challenging as they emerge with fresh perspectives and insights on how to conduct research on police deviance. Andre Normandeau's chapter "Community Policing in Canada: An Evaluation For Montreal" adds a comparative perspective on one of the most important contemporary questions in policing: Is community policing an effective law enforcement strategy? Is this approach more potent than traditional methods of policing? According to Normandeau, that depends somewhat on who is queried. He provides a list of "best sellers" on community policing in the United States and Canada from 1975-2000, as well as a concise summary of the main components of community policing in Canada (which includes problem-oriented policing). Normandeau developed a highly innovative questionnaire consisting of some 60 items in 1990 and applied it thereafter, with ongoing revision over a ten-year period, to neighborhoods with community policing and areas with traditional policing strategies. This allows him to determine the extent to which community policing succeeded in Montreal. Among the interesting findings is a comparative analysis of the way police managers, police officers, and civilians working for law enforcement agencies viewed the shift towards community policing. The varying levels of satisfaction towards community policing of these different groups, especially between police managers and line-officers, serve as a guide and perhaps a caution to agencies seeking to introduce this style of policing. Normandeau does not hesitate to offer his final opinion on community policing which should provide insight and direction for police agencies willing to experiment with this relatively recent police stratagem. . Should society abolish the juvenile court and try juveniles as adults? Should the criminal justice system's adjudication and sentencing procedures distinguish juvenile from adult offenders? Barry Krisberg, in his imaginative, informative, and concise chapter "Should the Juvenile Court Survive?", debates this issue as he examines the history of the juvenile court XXll Crime and Justice at the Millennium as it was transformed over the decades. He discusses several relevant u. S. Supreme Court decisions and evaluates arguments for and against the juvenile court's retention. He points out that the National Council on Crime and Delinquency, of which he serves as President, was established in 1907 as an advocate for standards for this court, and that Wolfgang, as a long-time board member, was a strong advocate in the Council's ardent campaign against the movement to prosecute juveniles in adult courts. In a perceptive re-analysis of Wolfgang's three major criticisms of current juvenile court procedures, operations, and policies, and a re-evaluation of a two-decades old alert by Wolfgang sounding the alarm for radical reform of the juvenile court, Krisberg argues that, had Wolfgang been alive today, he most certainly would have vigorously opposed the current political fire storm to eradicate altogether rather than reform the "children's court." Krisberg' s thoughtful and tightly-argued retort to Wolfgang's major argument, based upon his classic cohort studies -- that a relatively small group of chronic offenders who accounted for the majority of serious crimes were inadequately processed by juvenile court -- must be read by everyone interested in the effectiveness, equity, and social justice of current sentencing systems for serious juvenile and adult offenders.

The Criminal Under Restraint

The final section of Part II brings us to essays that address the two most severe forms of punishment in the American criminal justice system - imprisonment and the death penalty.

Prisons

Although very different in research methods and in their conclusions, the two essays on prisons use as their starting point one of Wolfgang's earlier and lesser known articles "Quantitative Analysis of Adjustment to the Prison Community." In the first essay "The Life of Lifers: Wolfgang's Inquiry into the Prison Adjustment of Homicide Offenders", Hans Toch re-examines the topic of prison adjustment with a particular focus on inmates serving life sentences. A better understanding of this group is especially important in contemporary corrections given the shift in recent years to longer and longer Thornberry, Cohen, Silverman XXlll sentences. Toch' s treatment of the prison adjustment of long-term inmates is sensitive to the various settings or environments offered by different prisons, the harshness of "maxi-maxi" prisons generated by current policies, and the interactional processes that emerge between guards and the guarded. Consistent with his humanistic approach to the study of prisons, Toch argues for a more reasoned and reasonable response to aid the "adjustment" of inmates, especially those who are likely to spend their entire adulthood in confinement. In "Truth in Sentencing and Prison Infractions" James Collins, Donna Spencer, George Dunteman, and Peter Siegel examine the interplay between two of the major changes in criminal justice during the latter part of the 20th century. One is the shift to mandatory or determinate sentences and the other is the increasing length of prison sentences. In particular they examine the impact that North Carolina's new structured sentencing law had on the corrections process in North Carolina. The study compares the overall involvement in infractions of inmates sentenced under the previous law and those sentenced under structured sentencing. The authors show that both male and female inmates sentenced under structured sentencing had a higher total infraction rate than those sentenced before structured sentencing. The chapter concludes with a discussion of some of the policy implications of the findings and offers several possibilities for correctional administrators to modify their practices in order to affect inmates' behavior while incarcerated.

Capital Punishment

Marvin Wolfgang abhorred the death penalty and was philosophically opposed to the State taking a human life. He spent considerable time investigating the death penalty scientifically to see if such goals of capital punishment as deterrence, fairness, and equity were consistent with the data. Time and again he found capital punishment wanting: there was no evidence that it deterred crime and there was ample evidence that it was applied in a discriminatory fashion. Wolfgang's research in this area formed the empirical infrastructure for a moratorium on the death penalty in the United States imposed, for a period, by the U.S. Supreme Court. In the final essay in Part II "The Wolfgang Legacy on the Intersection of Race and the Death Penalty," Ruth-Ellen Grimes traces the history of Wolfgang's pioneering research on race and the death penalty. In collaboration with Anthony Amsterdam of the University of Pennsylvania Law School, Wolfgang undertook one of the most exhaustive investigations of this topic ever conducted. Under the auspices of the National Association for the Advancement of Colored People's Legal Defense Fund, these two scholars used social science data to challenge the constitutionality of the XXIV Crime and Justice at the Millennium death penalty. Grimes succinctly summarizes the research, its conceptual underpinnings, and its use in various court cases. She also brings this chapter in Wolfgang's intellectual history up to date, indicating how Wolfgang's original research continues to shape the debate on capital punishment and current court cases about it. The chapter that follows this overview begins this Festschrift with excerpts from an interview that Freda Adler conducted with Marvin as part of the oral history program of the American Society of Criminology. Many readers, while familiar with the scholarship of Marvin Wolfgang, may not know him as an individual. What were his private thoughts, those not directly related to criminological research? What were the personal and professional influences that shaped the work of this brilliant scholar? Adler's contribution, "Reflections on a Scholarly Career: An Interview with Marvin E. Wolfgang", conducted only a few months prior to his death, offers clear and informative insights into these questions. The candid, straightforward, and often anecdotal style in which Marvin describes his most significant academic, professional, and personal experiences captures concisely the essence of Marvin's perspective, philosophy, and shifts in thinking over time. For the first time, we learn that it was not Thorsten Sellin, but another professor who influenced Marvin to delve into homicide and to complete his initial classic, Patterns in Criminal Homicide, as well as the influences that inspired him to conduct other classic projects. Marvin also discusses the precise contributions that he and his long-time colleague, Franco Ferracuti, made to The Subculture of Violence, the theoretical opus of which Marvin was most proud. In this interview, he discusses his candid opinions and feelings toward his students and the substantial way they influenced him. Near the end of the interview Marvin discusses his last research project, the cohort studies in Wuhan, China, as well as his positions on policy research, theory, cross-cultural global studies, and the future prospects for criminology. ACKNOWLEDGEMENTS

The completion of a project of this scope acquires many debts along the way. Several people helped the editors in developing this project, working with the contributors, and copy editing and preparing the manuscript for publication. In particular, we would like to express our deep appreciation to Barbara Cohen and Ahuva Jacobs; Lynda MacDonald and Victoria McGraw of Queen's University; Pamela K. Porter and Michele Carlton of the University at Albany; and Carolyn Haynes of the National Council on Crime and Delinquency. Without their constant assistance and professionalism throughout this process, it would not have been successful.