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Republican Monsters: the Cultural Construction of American Positivist Criminology, 1767-1920

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Republican Monsters: the Cultural Construction of American Positivist Criminology, 1767-1920 Republican Monsters: The Cultural Construction of American Positivist Criminology, 1767-1920 By Chase Smith Burton A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Christopher Tomlins, Chair Professor Karen Tani Professor Jonathan Simon Professor Bryan Wagner Fall 2019 Abstract Republican Monsters: The Cultural Construction of American Positivist Criminology, 1767-1920 By Chase Smith Burton Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Christopher Tomlins, Chair This dissertation examines the history of and cultural influences on positivist criminology in the United States. From Benjamin Rush to the present day, the U.S. has produced an extensive corpus of empirical and theoretical studies that seeks to discern an objective, scientifically- grounded basis for criminal behavior. American positivist criminology has drawn on numerous subfields and theories, including rational choice / economic theory, biology, and psychology, but in all cases, maintains that a purely scientific explanation of offending is possible. This study proceeds from the perspective that divisions between scientific and non-scientific thought are untenable. Drawing on scholarship in literary criticism and sociology, I argue that positivist criminology confronts an inherent contradiction in purporting to develop a purely scientific account of phenomena that are defined by the moral and cultural sentiments of a society. I thus hypothesize that positivist criminology is in fact reliant on the irrational and fictive cultural tropes and images of crime that it claims to exorcize. The dissertation proceeds by reviewing the literature on the history of criminology, developing a set of functional types or tropes for character analysis, and then examining four separate periods in the development of scientific criminology: eighteenth century studies of rational action, nineteenth century studies of defective reasoning, early twentieth century studies of race and crime, and the development of scientifically informed criminalistics programs. Each of these cases captures a different period and focus in the development of scientific criminology. In threading continuity between these cases, I show how criminological positivism is consistently reliant on culturally informed tropes and characters to render itself sensible and coherent. 1 Table of Contents Table of Illustrations .............................................................................................................................................. ii Acknowledgments ................................................................................................................................................. iii Introduction ........................................................................................................................................................... 1 The History Of Criminology .............................................................................................................................. 4 Criminology, Dialectics, and Interpretation ........................................................................................................ 8 The Monster and the Uncanny ......................................................................................................................... 10 Outline of Chapters .......................................................................................................................................... 14 The Life Course of Criminology ...................................................................................................................... 15 Chapter I: The Great Perfection ............................................................................................................................ 18 The Gothic Republic ........................................................................................................................................ 19 A Monster of a Man: Death Narratives and Death Sermons .............................................................................. 26 Terror and Republican Machines ...................................................................................................................... 33 The Dream of Fear ........................................................................................................................................... 39 Chapter II: The Machinery of Demons .................................................................................................................. 40 Crime, Degeneracy, and Regression ................................................................................................................. 43 The Fury of a Demon: The Literature of Degeneration...................................................................................... 44 Wild and Ferocious Beasts: Medicalizing Mania and Alcohol ........................................................................... 49 Mental Hygiene: The Eugenic Degenerate Subject ........................................................................................... 56 Contemporary Degeneracy ............................................................................................................................... 60 Chapter III: The Iron Race .................................................................................................................................... 62 Racial Boundaries and Liminality .................................................................................................................... 64 Liminality and the Construction of Race in the Conquest of California ............................................................. 66 Race and Crime in the California Bureau of Juvenile Research ......................................................................... 72 The Positivist Imagination ............................................................................................................................... 79 Chapter IV: Legible People .................................................................................................................................. 80 Liminality and Legibility ................................................................................................................................. 82 The Development of Fingerprint and Anthropometric Identification ................................................................. 85 The Monstrous Huns........................................................................................................................................ 88 Fingerprinting, Race, and Loyalty .................................................................................................................... 90 Identification and Embedded State Racism ....................................................................................................... 92 Conclusion ........................................................................................................................................................... 94 References ........................................................................................................................................................... 98 Bibliography ...................................................................................................................................................... 111 i Table of Illustrations 1.1: Exterior of Eastern State Penitentiary in the late twentieth century. “Administration building façade (Fairmount Avenue) – Eastern State Penitentiary.” Jack Boucher. Library of Congress Call Number: HABS PA, 51-PHILA, 354—18: http://www.loc.gov/pictures/item/pa1207.photos.205870p/. P. 35 2.1: Moral Thermometer – Intemperance. “Intemperance.” Benjamin Rush. From: An Enquiry Into the Effects of Ardent Spirits Eighth Edition (1812). Exeter: Josiah Richardson. P. 50. 3.1 Ancestry chart produced for example purposes by J. Harold Williams. “Fig. 5. Hypothetical family chart illustrating use of symbols.” J. Harold Williams, Willis Clark, Mildred Covert, Edythe Bryant. Whittier Social Case History Manual. P. 77. 3.2 Chart of Race and IQ from 1916. J. Harold Williams, “Delinquent Boys of Superior Intelligence,” The Journal of Delinquency 1.1: 33-52, 36. P. 78. ii Acknowledgments This dissertation is the product of more years than I care to remember. It would not have been possible without the incredible encouragement, mentorship, guidance, support, and love given by those around me. Abigail Stepnitz and Shikha Bhattacharjee, my “Super Writing Friends” and source of accountability, have read and commented on more drafts of this text than any human should have to bear, and also ensured that I actually finished this. Johann Koehler has been an endless source of conversation, stimulus, debate, and criminogenic friendship. Michael Musheno fostered my initial interest in these topics more than a decade ago, even before I understood it myself. In the JSP program at UC Berkeley, Calvin Morrill, David Lieberman, Lauren Edelman, and Margo Rodriguez have all supported me and made sure that I navigated the twists and turns of graduate school with success. The Carceral Studies Working Group in Berkeley, California, lead by Anthony Platt and Jonathan Simon, has provided
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