Controlling the Dangerous Classes: A History of Criminal Justice in America / Edition 2

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Overview

This text covers the history of criminal justice from a critical perspective and explores the historical biases of the criminal justice system.

The overall theme of this book is that both the making of laws and the interpretation and application of these laws throughout the history of the criminal justice system has, historically, been class, gender, and racially biased. Moreover, one of the major functions of the criminal justice system has been to control those from the most disadvantaged sectors of the population, that is, the “dangerous classes.” This theme is explored using a historical model, tracing the development of criminal law through the development of the police institution, the juvenile justice system, and the prison system.

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Product Details

  • ISBN-13: 9780205571895
  • Publisher: Prentice Hall
  • Publication date: 10/5/2007
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 384
  • Sales rank: 492,053
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.80 (d)

Table of Contents

<>

Foreword by Michael Hallett

Preface to the First Edition

Preface to the Second Edition

Introduction THE HISTORY OF CRIMINAL JUSTICE FROM A CRITICAL PERSPECTIVE

Perspectives on Criminal Law

Consensus/Pluralist Model

Interest Group/Conflict Model

A Critical/Marxist Model

The “Dangerous Classes”

Outline for the Book

Chapter 1 PERPETUATING THE CLASS SYSTEM: THE DEVELOPMENT OF CRIMINAL LAW

Introduction: Nature and Functions of Criminal Law

Criminal Law in Ancient Times

The Emergence of Criminal Law in Athens

Criminal Law in Rome

Acephalous or “Non-State” Societies and Law

Criminal Law in Medieval Times

Emergence of Criminal Law in England

Criminal Law as an Ideological System of “Legitimate” Control

Emergence of the Concept of “Crime”

Two Case Studies: The Law of Theft and the Law of Vagrancy

Emergence of Criminal Law in America

Racism and the Law

An Illustrative Case: The Tramp Acts

Controlling the Dangerous Classes: Drug Laws as an Example

Crack versus Powder Cocaine

The Impact of the Drug Laws Passed in the 1980s

Whose Interest Does the Law Serve?

Chapter 2 THE DEVELOPMENT OF THE MODERN POLICE INSTITUTION: CONTROLLING THE DANGEROUS CLASSES

Early Police Systems

The Emergence of the Police Institution in England

The Metropolitan Police of London

The Development of the Police Institution in the United States

An Illustrative Case: Buffalo, New York

The Rise and Growth of Private Policing

The Growth of the Police Institution in the Twentieth Century

The Progressive Era

Police Reforms During the Progressive Era

New Developments in Private Policing

Policing the Ghetto in the 1960s

Police Corruption: A Continuing Problem

Still Controlling the Dangerous Classes: the War on Drugs

Chapter 3 PROCESSING THE DANGEROUS CLASSES: THE AMERICAN COURT SYSTEM

Introduction

The Development of the Modern Court System:

The Colonial System

Processing Criminal Cases: The Justice of the Peace in Colonial America

Upholding Morality

Hunting Witches and Religious Dissidents

After the Revolution: The Federal System and the Supreme Court

Post-Civil War Changes in the Court System

The Jail: A Clear Case of “Rabble Management”

The 1960s: The Warren Court and the Reaffirmation of the Right to Counsel

Traditional versus Radical-Criminal Trials

The Traditional Trial

Challenging the System: Radical-Criminal Trials

The St. Patrick’s Four

The Modern Era: The War on Drugs and African Americans

The Ultimate Sanction for the Dangerous Classes:

The Death Penalty

Chapter 4 HOUSING THE DANGEROUS CLASSES: THE EMERGENCE OF THE PRISON SYSTEM

PART I: EARLY DEVELOPMENTS OF IMPRISONMENT, 1600-1900

The Trafficking of Offenders: Forerunners of the Modern Prison Industrial Complex

Early Capitalism and the Emergence of the Workhouse

Late Eighteenth Century Reforms and the Birth of the Prison System

The Development of the American Prison System

The Walnut Street Jail

The Pennsylvania and Auburn Systems of Penal Discipline

The Rise of the Reformatory

Convict Labor

Convict Leasing

PART II: TWENTIETH CENTURY DEVELOPMENTS IN THE AMERICAN PRISON SYSTEM

Prison Reform during the Progressive Era

Inmate Self-Government

Classification, Diagnosis, and Treatment:

The New Prison Routine

The Decline in Prison Industries

The “Big House”

The Emergence of the Federal Prison System and the System of Corrections

The Federal Prison System

The System of “Corrections”

The Modern Era, 1980 to the Present: Warehousing and the New American Apartheid

The American Gulag

Some Concluding Thoughts

Chapter 5 CONTROLLING THE YOUNG: THE EMERGENCE AND GROWTH OF THE JUVENILE JUSTICE SYSTEM

Pre-Nineteenth-Century Developments: The Invention of Childhood

A History of Childhood and Adolescence

Enter Childhood in the 17th Century

Parens Patriae and Stubborn Children

Defining a Juvenile Delinquent

The House of Refuge Movement

Conceptions of Delinquency: 1820-1860

The Fate of the Refuge Movement

Ex Parte Crouse:Court Decisions and Effects

The O'Connell Case

Mid-Nineteenth-Century Reforms

The Fate of Mid-Nineteenth-Century Reforms

The Child-Saving Movement and the Juvenile Court

Conceptions of Delinquency: 1860-1920

The Fate of the Child-Saving Movement

Twentieth-Century Developments in Juvenile Justice

Still Controlling Minorities and the Poor: Current Juvenile Justice Practices

Race, the "War on Drugs" and Referrals to Juvenile Court

Racial Composition of Juvenile Institutions

High Recidivism Rates and Scandals Persist

Chapter 6 PERPETUATING PATRIARCHY: KEEPING WOMEN IN THEIR PLACE

Women and the Law

Patriarchy and Images of Women

Punishing and Controlling Women

A History of Women's Prisons

The Emergence of Women's Reformatories

The Role of Racism

Controlling Women's Bodies and Sexuality

Young Women and the Juvenile Justice System

Keeping Girls in Their Place: The Development of Institutions for Girls

The Child-Saving Movement and the Juvenile Court

“The Best Place to Conquer Girls”

The Juvenile Court and the Double Standard of Juvenile Justice

Women and Criminal Justice Today

Sentencing Patterns, the War on Drugs, and Women

An Outrageous Example: the “Pregnancy Police”

Women in Today's Prisons

Background Characteristics of Women in Prison

Chapter 7 CRIME CONTROL IN THE NEW MILLENNIUM INDUSTRY NEW MECHANISMS FOR CONTROLLING THE DANGEROUS CLASSES

The Crime Control Industry

Taking a Larger View: the Globalization of Crime Control

Millions Under Control of the State

The Prison Industrial Complex: Cashing in on Crime

Prisons as a “Market” for Capitalism

Corporate Interests: the Role of ALEC

Reach Out and Touch Someone

Brother Can you spare a Bed?

The California Correctional Officer’s Union

Rural Prisons: Uplifting Rural Economies?

Some Downsides to Prison Expansion

Exploiting Prisoners to Enhance Rural Populations

Prison Labor: Auburn Plan Revisited

Privatization of Prisons: More Profits for Private Industry

Some Serious Problems with Privatization

Private Security: Crime is Good for Business

Other Components of the Crime-Control Industry

Chapter 8 WHERE DO WE GO FROM HERE?

The Importance of the Economy

American-style Capitalism is the Real Culprit

Downsizing and Outsourcing the “American Dream” and the Growing Surplus Population

The Growth and Perpetuation of the Surplus Population (Dangerous Classes)

So What Can I Do, You Ask?

REFERENCES

Name Index

Subject Index

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