内容説明
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.
目次
<> 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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