NCJ Number
56920
Journal
Georgia Law Review Volume: 11 Issue: 2 Dated: (WINTER 1977) Pages: 257-274
Date Published
1977
Length
18 pages
Annotation
COLONIAL MASSACHUSETTS, EARLY 19TH CENTURY ENGLAND, AND LATE 19TH CENTURY CALIFORNIA ARE DISCUSSED TO UNDERSCORE HOW IDEAS AND FORCES WITH A GIVEN SOCIETY SHAPE THE NATURE AND DIRECTION OF ITS SYSTEM OF LAW AND PUNISHMENT.
Abstract
IT IS CLEAR FROM THE HISTORICAL RECORDS OF CRIME AND PUNISHMENT THAT THERE IS A CONNECTION BETWEEN THE GOALS OF A SOCIETY'S LEADERS AND THE GOALS OF THEIR CRIMINAL JUSTICE SYSTEM. COLONIAL MASSACHUSETTS, FOR EXAMPLE REPRESENTED AN ATTEMPT AT THEOCRACY AND THERE WAS STRONG EMPHASIS ON ROOTING OUT SIN--CHIEFLY VICTIMLESS CRIMES, SUCH AS SEXUAL MISCONDUCT, IDLENESS, AND NONATTENDANCE AT CHURCH. LONDON, ON THE OTHER HAND, WAS A METROPOLIS ON THE BRINK OF THE INDUSTRIAL ERA; MATERIAL CONCERNS OVERWHELMED RELIGOUS ONES, AND THE BULK OF PROSECUTIONS IN THE EARLY 19TH CENTURY WERE FOR STEALING, PARTICULARLY PETTY THEFT PERPETRATED BY SERVANTS. AS A WESTERN OUTPOST OF AMERICA IN ITS MATURE INDUSTRIAL AGE, OAKLAND WENT TO GREAT LENGTHS TO CONTROL DISPLAYS OF PUBLIC DRUNKENNESS AND DISORDER. WHAT WAS DECISIVE IN ALL THREE SOCIETIES WAS THE GOAL: GODLINESS IN THE FIRST CASE; RESPECT FOR PROPERTY RIGHTS IN THE SECOND; AND IN OAKLAND, PERHAPS, A DOCILE WORK FORCE FOR THE FACTORIES AND SHOPS OF AN INDUSTRIAL, COMMERCIAL SOCIETY. THE CRIMINAL JUSTICE SYSTEM CHANGED ITS SHAPE AND FORMS FROM PERIOD TO PERIOD TO SATISFY THE CHANGING NEEDS OF SOCIETY. THE VERY DEFINITION OF CRIME AND THE BRAND OF CRIMINALITY ITSELF, ALSO CHANGED. THE IMPLICATION OF THIS OBSERVATION IS THAT LAW AND ORDER IS A COMMODITY, LIKE THE SUPPLY OF OIL, SUGAR, OR MAINE LOBSTERS; IF DEMAND INCREASES TOO FAST AND THE SUPPLY CANNOT KEEP PACE, THE PRICE GOES UP, OR SOME FORM OF RATIONING DEVELOPS AND WITH IT, PERHAPS, A BLACK MARKET. REFERENCES ARE FOOTNOTED. (KBL)