PRISON AND PLANTATION-CRIMINAL JUSTICE IN NINETEENTH-CENTURY MASSACHUSETTS AND SOUTH CAROLINA

• NCJ Number: 49212
• Author(s): M S HINDUS
• Date Published: 1975
• Length: 407 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNIVERSITY OF CALIFORNIA, BERKELEY-DOCTORAL DISSERTATION

Annotation

THIS STUDY TRACES THE DEVELOPMENT OF CRIMINAL JUSTICE IN AMERICAN HISTORY, PLACES THE CRIMINAL JUSTICE SYSTEM IN THE CONTEXT OF SOCIAL STRUCTURE, AND CONTRASTS ITS DEVELOPMENT IN URBAN MASSACHUSETTS AND THE RURAL SOUTH.

Abstract

MOST HISTORIANS OF CRIMINAL JUSTICE IN AMERICA CONCENTRATE ON DEVELOPMENTS IN THE NORTHEAST. IT WAS THERE THAT THE FAMILIAR INSTITUTIONS OF POLICE, COURTS, AND PENITENTIARIES DEVELOPED. HOWEVER, THE RURAL SOUTH ALSO HAD A COMPLEX CRIMINAL JUSTICE SYSTEM. IT WAS, HOWEVER, AN INFORMAL SYSTEM BASED ON PLANTATION SOCIETY. THE EXISTENCE OF SLAVERY PLAYED AN INTEGRAL PART IN BOTH THE LAW AND THE ADMINISTRATION OF JUSTICE. SOUTH CAROLINA IS CHOSEN TO STUDY THIS RURAL JUSTICE BECAUSE IT WAS THE LEAST URBANIZED OF THE SOUTHERN STATES AND BECAUSE ITS COURTS KEPT EXCELLENT RECORDS. THE CONTOURS OF AUTHORITY ARE EXAMINED FOR BOTH STATES. ALTHOUGH BOTH BASED THEIR CRIMINAL LAW ON ENGLISH LAW, IN MASSACHUSETTS AUTHORITY WAS SPELLED OUT IN A FORMAL MANNER WHILE IN THE SOUTH COURTS WERE OFTEN BYPASSED FOR DISPUTE SETTLEMENT. BOTH STATES WERE STRONGLY AFFECTED BY FEAR. IN SOUTH CAROLINA IT WAS FEAR OF THE SLAVES AND OF A SLAVE UPRISING. IN MASSACHUSETTS IT WAS FEAR OF CRIMINALS. SOUTH CAROLINA REACTED BY INSTITUTING A LEGAL STRUCTURE WHICH EMPHASIZED KEEPING BLACKS IN THEIR PLACE. MASSACHUSETTS REACTED WITH A STRONG PENAL SYSTEM. BOTH SYSTEMS WERE RIDDLED WITH CLASS PREJUDICE, ALTHOUGH EACH ASSUMED AMERICA WAS A CLASSLESS SOCIETY. THIS THOROUGH DOCUMENTATION DRAWS UPON LETTERS, COURT RECORDS, AND ACCOUNTS BY HISTORIANS OF THE PERIOD. GRAPHS AND TABLES DETAIL CRIMINAL STATISTICS FOR THE PERIOD 1800-1860, WITH BREAKDOWNS BY AGE, SEX, AND TYPE OF CRIME. A DETAILED EXAMINATION IS MADE OF THE PROBLEM OF BLACK JUSTICE IN THE WHITE-CONTROLLED SLAVE SOCIETY AND OF THE BARBARIC SITUATIONS OCCURRING IN THE MASSACHUSETTS STATE PRISON, 1805-1878. THE MOVEMENT FOR REFORM IS DOCUMENTED. THE MAJOR DIFFERENCE BETWEEN THE TWO SOCIETIES IS SEEN IN THEIR PERCEPTION OF THE NATURE OF CRIME. IN MASSACHUSETTS IT WAS CONSIDERED A SOCIAL PROBLEM. IN THE SOUTH, ALMOST ALL CRIME WAS ATTRIBUTED TO SLAVES AND THE MATTER WAS CONSIDERED A PRIVATE PROBLEM, ACTED UPON ONLY WHEN THE CRIME AFFECTED OTHER PLANTATIONS. AN EXTENSIVE BIBLIOGRAPHY IS APPENDED AND EACH CHAPTER IS HEAVILY FOOTNOTED.