In the late Roman Republic, acts of wrongdoing against individuals were prosecuted in private courts, while the iudicia publica (literally "public courts") tried cases that involved harm to the community as a whole. In this book, Andrew M. Riggsby thoroughly investigates the types of cases heard by the public courts to offer a provocative new understanding of what has been described as "crime" in the Roman Republic and to illuminate the inherently political nature of the Roman public courts.

Through the lens of Cicero's forensic oratory, Riggsby examines the four major public offenses: ambitus (bribery of the electorate), de sicariis et veneficiis (murder), vis (riot), and repetundae (extortion by provincial administrators). He persuasively argues that each of these offenses involves a violation of the proper relations between the state and the people, as interpreted by orators and juries. He concludes that in the late Roman Republic the only crimes were political crimes.

As this account of crime patterns in medieval England shows, crime can perhaps tell us more about a society's dynamics, tensions, and values than any other single social phenomenon. And Barbara Hanawalt's approach is particularly enlightening because it looks at the subject not from the heights of the era's learned opinion, but from the viewpoint of the people participating in the criminal dramas and manipulating the law for their own benefit.

Hanawalt's sources are those of the new social historian—village and judicial records supplemented by the literature of the time. She examined approximately 20,000 criminal court cases as well as coroners' and manorial court rolls. Her analysis of these data produces striking results. Medieval England, the author reveals, was a society in which all classes readily sought violent solutions to conflicts. The tensions of village life were severe. The struggle for food and for profits caused numerous homicides and property crimes. These felonies were committed in seasonal patterns, with homicides occurring most frequently during the difficult times of planting and harvesting, and burglaries reaching a peak in winter when goods were stored in houses and barns.

Moreover, organized crime was widespread and varied. It ranged from simple associations of local people to professional bands led by members of the nobility. One of Hanawalt's most interesting findings explodes the Robin Hood myth of robbers who stole from the rich and gave to the poor. Almost always, she shows, the robbers stole from the poor and kept for themselves. Throughout, Hanawalt carefully places the crimes and their participants within the context of village life in the later middle ages. Along with a description of the social and legal setting of criminal acts, she includes a discussion of the influence of war, politics, and economic, social, and demographic changes on the patterns of crime.

This second volume of the Harvard Survey of Crime discusses the data on criminal administration available now and the data which should be made available in the future. Sam Bass Warner concludes that hitherto most statistical information in regard to the administration of criminal justice has been unsatisfactory; and he then demonstrates what such statistics might achieve and how they could be made to serve useful ends if collected and compiled with due care and forethought. His system of criminal court statistics as embodied in the last chapters will interest many readers for just this reason and also because in advancing some of the features of his scheme he had first to criticize and discard many current practices and ideas. His plan, it is interesting to note, has already been adopted by two states.

A provocative analysis of how Christianity helped legitimize the death penalty in early modern Europe, then throughout the Christian world, by turning execution into a great cathartic public ritual and the condemned into a Christ-like figure who accepts death to save humanity.

The public execution of criminals has been a common practice ever since ancient times. In this wide-ranging investigation of the death penalty in Europe from the fourteenth to the eighteenth century, noted Italian historian Adriano Prosperi identifies a crucial period when legal concepts of vengeance and justice merged with Christian beliefs in repentance and forgiveness.

Crime and Forgiveness begins with late antiquity but comes into sharp focus in fourteenth-century Italy, with the work of the Confraternities of Mercy, which offered Christian comfort to the condemned and were for centuries responsible for burying the dead. Under the brotherhoods’ influence, the ritual of public execution became Christianized, and the doomed person became a symbol of the fallen human condition. Because the time of death was known, this “ideal” sinner could be comforted and prepared for the next life through confession and repentance. In return, the community bearing witness to the execution offered forgiveness and a Christian burial. No longer facing eternal condemnation, the criminal in turn publicly forgave the executioner, and the death provided a moral lesson to the community.

Over time, as the practice of Christian comfort spread across Europe, it offered political authorities an opportunity to legitimize the death penalty and encode into law the right to kill and exact vengeance. But the contradictions created by Christianity’s central role in executions did not dissipate, and squaring the emotions and values surrounding state-sanctioned executions was not simple, then or now.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 39 covers a range of criminal justice issues, including how drug enforcement affects drug prices, the source of racial disparity in imprisonment, rape and attrition in the legal process, and sex offender recidivism. Contributors to this volume include: Brigitte Bouhours, Jonathan P. Caulkins , Aaron Chalfin, Philip J. Cook, , Kathleen Daly, Denise C. Gottfredson, David S. Kirk, John H. Laub, Stephen D. Mastrofski , Chongmin Na, Steven Raphael, Michael D. Reisig, Peter Reuter, Dirk van Zyl Smit, Keith Soothill, Michael Tonry, and James J. Willis.

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.

Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor. The partisan politics of “law and order” took over. Among the results four decades later are the world’s harshest punishments and highest imprisonment rate. Policymakers’ interest in what science could tell them plummeted just when scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—sentencing, gun violence, drugs, youth violence—became evidence-free zones. In others—developmental crime prevention, policing, recidivism studies, evidence mattered. Crime and Justice in America: 1975-2025 tells how policy and knowledge did and did not interact over time and charts prospects for the future. What accounts for the timing of particular issues and research advances? What did science learn or reveal about crime and justice, and how did that knowledge influence policy? Where are we now, and, perhaps even more important, where are we going?

The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.

For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies.

For most Americans, The Godfather, The Sopranos, and the Cosa Nostra exemplify organized crime. In Asia the term conjures up images of Japanese yakuza and Chinese triads, in Italy the Cosa Nostra and ‘Ndrangheta, in Latin America Mexican narco-gangs and Colombian drug cartels, in the Netherlands transnational drug and human trafficking, and in Scandinavia outlaw motorcycle gangs. Some but not all those organizations are “mafias” with centuries-long histories, distinctive cultures, and complicated relationships with local communities and governments. Others are new, large but transitory and with no purpose other than maximizing profits from illegal markets.

Organized crime organizations have existed for centuries. Serious scholarly, as opposed to journalistic or law enforcement, efforts to understand them, however, date back only a few decades. Authoritative overviews were, until very recently, impossible. Rigorous, analytically acute, and methodologically sophisticated literatures did not exist. They have begun to emerge. They have developed in many countries, involve work in different languages and disciplines, and deploy a wide range of methods. 

Organizing Crime: Mafias, Markets, and Networks provides the most exhaustive overview ever published of knowledge about organized crime. It provides intensive accounts of American, Italian, and Dutch developments, covers both national mafias and transnational criminality, and delves in depth into gender, human capital, and money laundering issues. The writers are based in seven countries. To a person they are, or are among, the world’s most distinguished specialists in their subjects. At last, credible explanations and testable hypotheses are available concerning when, why, and under what circumstances mafias and other organized crime organizations come into being, what makes them distinctive, what they do and with what effects, and how to contain them.
 

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.

Volume 51 is a thematic volume on Prisons and Prisoners.

Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the occasional thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.

Volume 51 of Crime and Justice is the first to reprise a predecessor, Prisons (Volume 26, 1999), edited by series editor Michael Tonry and the late Joan Petersilia. In Prisons and Prisoners, editors Michael Tonry and Sandra Bucerius revisit the subject for several reasons.
In 1999, most scholarly research concerned developments in Britain and the United States and was published in English. Much of that was sociological, focused on inmate subcultures, or psychological, focused on how prisoners coped with and adapted to prison life. Some, principally by economists and statisticians, sought to measure the crime-preventive effects of imprisonment generally and the deterrent effects of punishments of greater and lesser severity. In 2022, serious scholarly research on prisoners, prisons, and the effects of imprisonment has been published and is underway in many countries. That greater cosmopolitanism is reflected in the pages of this volume. Several essays concern developments in places other than Britain and the United States. Several are primarily comparative and cover developments in many countries. Those primarily concerned with American research draw on work done elsewhere.
The subjects of prison research have also changed. Work on inmate subcultures and coping and adaptation has largely fallen by the wayside. Little is being done on imprisonment’s crime-preventive effects, largely because they are at best modest and often perverse. An essay in Volume 50 of Crime and Justice, examining the 116 studies then published on the effects of imprisonment on subsequent offending, concluded that serving a prison term makes ex-prisoners on average more, not less, likely to reoffend.
In 1999, little research had been done on the effects of imprisonment on prisoners’ families, children, or communities, or even—except for recidivism— on ex-prisoners’ later lives: family life, employment, housing, physical and mental health, or achievement of a conventional, law-abiding life. The first comprehensive survey of what was then known was published in the earlier Crime and Justice: Prisons volume. An enormous literature has since emerged, as essays in this volume demonstrate. Comparatively little work had been done by 1999 on the distinctive prison experiences of women and members of non-White minority groups. That too has changed, as several of the essays make clear.
What is not clear is the future of imprisonment. Through more contemporary and global lenses, the essays featured in this volume not only reframe where we are in 2022 but offer informed insights into where we might be heading.

 

Volume 52 is an annual survey of cutting-edge issues by preeminent criminology scholars.
 
Since 1979, Crime and Justice has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
 

Presents cutting-edge scholarship by preeminent criminology scholars.

Since 1979, Crime and Justice has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
 

The Chinese were writing detective stories at least three hundred years before Edgar Allan Poe and courtroom drama about two hundred years before that. In the thirteenth and fourteenth centuries, courtroom drama was a popular sub-genre—with the judge-hero Pao Cheng of the Sung dynasty as a principal character—and crime and punishment as its most important themes.

In Crime and Punishment in Medieval Chinese Drama George A. Hayden translates three Judge Pao plays: "Selling Rice at Ch'ien-chu," "The Ghost of the Pot," and "The Flower in the Back Courtyard." In his introduction Professor Hayden explains the structure of the dramas, which were sung as well as spoken, and their moral significance in the light of traditional Chinese ethics. He also traces the legend of the wise and incorruptible but very human Judge Pao through the years to its high point in Yuan and early Ming drama. The book is annotated for the general reader as well as for the specialist and contains a list of twenty-seven courtroom plays and a list of late Ming anthologies in which these plays appear.

Policing, incarceration, capital punishment: these forms of crime control were crucial elements of Jim Crow regimes. White southerners relied on them to assert and maintain racial power, which led to the growth of modern state bureaucracies that eclipsed traditions of local sovereignty. Friction between the demands of white supremacy and white southern suspicions of state power created a distinctive criminal justice system in the South, elements of which are still apparent today across the United States.

In this collection, Amy Louise Wood and Natalie J. Ring present nine groundbreaking essays about the carceral system and its development over time. Topics range from activism against police brutality to the peculiar path of southern prison reform to the fraught introduction of the electric chair. The essays tell nuanced stories of rapidly changing state institutions, political leaders who sought to manage them, and African Americans who appealed to the regulatory state to protect their rights.

Contributors: Pippa Holloway, Tammy Ingram, Brandon T. Jett, Seth Kotch, Talitha L. LeFlouria, Vivien Miller, Silvan Niedermeier, K. Stephen Prince, and Amy Louise Wood

Russians from all walks of life poured into the streets of the imperial capital after the February Revolution of 1917, joyously celebrating the end of Tsar Nicholas II’s monarchy. One year later, with Lenin’s Bolsheviks now in power, Petrograd’s deserted streets presented a very different scene. No celebrations marked the Revolution’s anniversary. Amid widespread civil strife and lawlessness, a fearful citizenry stayed out of sight.

In Crime and Punishment in the Russian Revolution, Tsuyoshi Hasegawa offers a new perspective on Russia’s revolutionary year through the lens of violent crime and its devastating effect on ordinary people. When the Provisional Government assumed power after Nicholas II’s abdication, it set about instituting liberal reforms, including eliminating the tsar’s regular police. But dissolving this much-hated yet efficient police force and replacing it with a new municipal police led rapidly to the breakdown of order and services. Amid the chaos, crime flourished. Gangs of criminals, deserters, and hooligans brazenly roamed the streets. Mass prison escapes became common. And vigilantism spread widely as ordinary citizens felt compelled to take the law into their own hands, often meting out mob justice on suspected wrongdoers.

The Bolsheviks swept into power in the October Revolution but had no practical plans to reestablish order. As crime continued to escalate and violent alcohol riots almost drowned the revolutionary regime, they redefined it as “counterrevolutionary activity,” to be dealt with by the secret police, whose harshly repressive, extralegal means of enforcement helped pave the way for a Communist dictatorship.

This book brings together key debates within cultural studies, media studies, criminology and sociology on the relationship between the media and crime in a postmodern society – highlighted by recent controversies on the effects of media portrayals of violence and crime on the community at large.

Real-life crime, crime reconstruction and crime as entertainment are categories that are now so interdependent that the media itself is in danger of confusing the genres as it seeks to profit from their undoubted appeal. This intertextuality is a key theme in this collection. The contributors highlight and theorise the symbiosis that exists between real crime and its representations, from media moral panics, policing the crisis and representing order to the postmodern confusion of crime and spectacle, trial by media and trials on media. As recent debates have shown all too starkly, the media's neutrality in this critical area is ever more problematic.

This is an invaluable introduction to new thinking in a pressing contemporary debate.

Analyses of crime and justice in an unprecedented time

While COVID-19 lockdowns affected nearly everyone worldwide, feelings of anxiety and fear were exacerbated for those already entangled in the criminal justice system. Scholars recognized the unique opportunity to study crime and the justice system’s response during this period, though they soon realized that determining the pandemic’s effects would be a complicated, nuanced process.

Crime, Corrections, and the COVID-19 Pandemic features analyses and findings from more than thirty contributors in eleven essays. The collection examines the multifaceted social, economic, cultural, legislative, and policy responses to COVID-19 and their impacts on crime and justice. It also explores how professionals across the criminal justice system—police officers, campus police officers, attorneys, judges, correctional staff, and community supervision agents—adapted to unprecedented challenges.

The book provides real-world evidence of how unconventional solutions and groundbreaking practices were implemented in response to a global crisis. Contributors analyze how incarcerated individuals, their families, and their supervisors dealt with the fear of transmission, medical care, and death. Their findings, which are necessarily dependent on timing, place, measurement, and operationalization, include both change and stasis, both negative and positive outcomes. For instance, while minor and property-related offenses initially declined, violent crimes like homicide and intimate partner violence increased. Drug usage patterns changed, leading to a rise in opioid overdoses, and despite the rise in digital interactions, there was no significant difference in self-reported cybervictimization. Furthermore, rates of gang-related crimes did not decrease. Policy and public health responses reshaped criminal activities, influencing the methods and motivations behind theft, child and elder abuse, and other offenses. This volume includes in-depth examinations of certain often-overlooked crimes, such as labor trafficking, and provides direct insights into the job challenges faced by criminal justice professionals, from probation personnel to labor rights advocates.

Emerging innovations in health risk management within correctional facilities led to increased awareness and focus on specific types of crime. Responses to the pandemic revealed significant challenges, such as burnout among justice system personnel, difficulties in adapting and innovating, and challenges in providing services to vulnerable populations.

Through diverse perspectives and empirical approaches ranging from advanced statistical analysis to qualitative interviews, Crime, Corrections, and the COVID-19 Pandemic offers a comprehensive exploration of the complexities that affect research results.  It showcases the resilience and innovation within the criminal justice field and details the challenges professionals in this area tackled during a universally trying time, presenting valuable lessons for future crises. 

This new explanation of crime over the life course provides an important foundation for rethinking contemporary theory and criminal justice policy. It is based on the reanalysis of a classic set of data: Unraveling Juvenile Delinquency, Sheldon and Eleanor Gluecks’ mid-twentieth-century study of 500 delinquents and 500 nondelinquents from childhood to adulthood. Several years ago, Robert Sampson and John Laub dusted off sixty cartons of the Gleucks’ data that had been stored in the basement of the Harvard Law School. After a lengthy process of recoding and reanalyzing these data, they developed and tested a theory of informal social control that acknowledges the importance of childhood behavior but rejects the implication that adult social factors have little relevance.

Crime in the Public Mind explores the politics of crime and criminal justice, examining in depth what Americans think about penalties for criminal offenders. While some are resigned, others are desperate; a few are hopeful and forgiving, but most are frustrated and angry. In fact, fully eighty percent of the population believes that the court system should deal more harshly with criminal offenders. In this readable account, Kathlyn Taylor Gaubatz makes use of intensive interviews with Americans from varied walks of life in order to reveal the fascinating nuances in the public's views on criminal justice, and in their motivations for holding these views. She questions our easy acceptance of the very existence of a public consensus around such a complex, intractable issue as crime. Why do Americans support harsh penal policies when crime rates are actually falling? How does this attitude square with our increasingly liberal social ideas? What logic is there to support stiff sentencing when the vast majority of the public acknowledges that prisons have been powerless to reduce crime in our nation to an acceptable level? The author powerfully weaves narratives from those she interviewed to construct an in-depth theory about who joins and who spurns the consensus on criminal justice. She explores the complex relationship between our political beliefs and our attitudes toward crime, revealing in some cases a telling dissonance. Through careful argumentation and demonstration, Crime in the Public Mind concludes that Americans have become harsher on crime not in spite of becoming more liberal on a variety of other social issues, but at least in part because we have done so. At a time when crime has been called the political issue of the decade, Crime in the Public Mind forces us to confront our assumptions, to sort through our fear. It gives us an opportunity to balance our desire for safety and our desire to see justice done with our innate compassion and understanding. By exposing the paradoxes of our beliefs, the author pushes us to reconsider whether incarceration really is the answer to every criminal offense and invites us to contemplate saner and perhaps more effective approaches to criminal justice. "In the great tradition of Robert Lane's Political Ideology, Gaubatz has discovered that what the 'common man' (and woman) believes about crime and punishment is more complicated than the polling numbers would allow. While clearly in sympathy with those who dissent from get-tough approaches, she offers a balanced, insightful, and timely understanding of public attitudes about criminal justice. Experts, policymakers, students, and concerned citizens should read this fine book."- John J. DiIulio, Jr., Princeton University and Director, Brookings Institution Center for Public Management Kathlyn Taylor Gaubatz holds a Ph.D. in politics from Princeton University and is Executive Director of a non profit agency that provides housing, counseling, child-care, and other services to homeless families and individuals in San Franciso.

Crime in the U.S. and the institutions for its control are deeply embedded in and shaped by history. The historical origins have often become invisible, and their recovery difficult, but any understanding of the contemporary situation requires historical context. For over twenty-five years Eric H. Monkkonen has worked on some of the puzzles and problems in recovering the history of crime and police.

Much of his work has appeared in articles, often in specialized journals or not in English, which this book collects for the first time. In addition to Monkkonen’s major published articles, this volume includes several new ones. The topics embrace violence, public disorder, policing, popular culture, and contrasts between the U.S. and Europe. Some articles illuminate special methodological and source issues that challenge historians of criminal justice. As well as dealing with serious crime, this book includes several articles on specifically urban problems and solutions associated with disorder, crime, and poverty.

In contrast to the more technical articles, several chapters, which originally appeared as op-ed pieces, show how historical understanding can help address current policy issues in crime and crime control. All too often, current policy debates occur without proper historical background. As a result, old ideas that have been tried and rejected are re-introduced, or new and sometimes simple ideas are ignored.

Although rarely distinguished from the detective story, the crime novel offers readers a quite different experience. In the detective novel, a sympathetic detective figure uses reason and intuition to solve the puzzle, restore order, and reassure readers that "right" will always prevail. In the crime novel, by contrast, the "hero" is either the killer, the victim, a guilty bystander, or someone falsely accused, and the crime may never be satisfactorily solved.

These and other fundamental differences are set out by Tony Hilfer in The Crime Novel, the first book that completely defines and explores this popular genre. Hilfer offers convincing evidence that the crime novel should be regarded as a genre distinct from the detective novel, whose conventions it subverts to develop conventions of its own.

Hilfer provides in-depth analyses of novels by Georges Simenon, Margaret Millar, Patricia Highsmith, and Jim Thompson. He also treats such British novelists as Patrick Hamilton, Shelley Smith, and Marie Belloc Lowndes, as well as the American novelists Cornell Woolrich, John Franklin Bardin, James M. Cain, and Fredric Brown. In addition, he defines the distinctions between the American crime novel and the British, showing how their differences correspond to differences in American and British detective fiction.

This well-written study will appeal to a general audience, as well as teachers and students of detective and mystery fiction. For anyone interested in the genre, it offers valuable suggestions of "what to read next."

Regional diversity such as Ukraine's often embodies potential for friction and conflict, in particular when it involves territorialized ethnicity and divergent historical experiences. Political elites interested in stability and conflict prevention must find ways either to accommodate or control this diversity. In the early to mid-1990s, the Western media, policymakers, and academics alike warned that Crimea was a potential center of unrest in the aftermath of the Soviet Union's dissolution. However, large-scale conflict in Crimea did not materialize, and Kyiv has managed to integrate the peninsula into the new Ukrainian polity. This book explores the factors that led to the largely peaceful transition and places the situation in the larger context of conflict-prevention studies, explaining this critical case in which conflict did not erupt despite a structural predisposition to ethnic, regional, and even international enmity.

Imperial Nations advance their own interests by exploiting other societies. To those on the receiving end this is obvious, while inside the empire, a powerful ideological system of justification tends to hide all but the worst excess.

Carl Boggs argues that that the US began life two centuries ago as a nascent colonialist regime plundering and conquering the Native Tribes. The Indian wars were followed by perpetual militarism and warfare fuelled by a deep sense of national exceptionalism. The Crimes Of Empire examines several trends in this process, and illustrates the new depths plumbed since 9/11.

Violation of international agreements, treaties and laws and the use of prohibited weapons, support for death squads and torture are just some of the practices that Boggs highlights as he shows how technical superiority and media control prolong the American nightmare.

Cultural views of femininity exerted a powerful influence on the courtroom arguments used to defend or condemn notable women on trial in nineteenth-century and early-twentieth-century America. By examining the colorful rhetorical strategies employed by lawyers and reporters of women's trials in newspaper articles, trial transcriptions, and popular accounts, A. Cheree Carlson argues that the men in charge of these communication avenues were able to transform their own values and morals into believable narratives that persuaded judges, juries, and the general public of a woman's guilt or innocence.

Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a "woman's crime" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for "passing" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well.

At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.

In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.

The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.

The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.

The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.

In a groundbreaking work, Klaus Mühlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture.

In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program.

After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People’s tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was “reform through labor,” and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the “crime” of counterrevolution was born.

Mühlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

How a broken criminal justice system has fueled the crisis of American democracy, and how we can address both problems together.

American criminal justice is in crisis. Prisons are swollen, confidence in police has plummeted, and race- and class-based biases distort every aspect of the system. American democracy is in crisis, too, as the chasm of loathing and incomprehension that divides political factions grows ever wider and deeper. Legal scholar and former prosecutor David A. Sklansky argues that these crises are deeply intertwined. And if the failures of American criminal justice are near the heart of our political divides, then reforming the system is essential for repairing our democracy.

Criminal Justice in Divided America shows how police, courts, and prisons helped to break American democracy and how better approaches to public safety and criminal accountability can help to repair it. Engaging critically with concerns from both the left and the right, Sklansky lays out a clear and deeply researched agenda for reforming police departments, prosecutors’ offices, criminal trials, and punishment. Sklansky seeks pragmatic solutions that take account of political realities: the lofty ideal of empowering “the people” or “the community” can mean little when members of the public or the community disagree. While efforts to “defund” the police have exacerbated political conflicts without addressing the underlying problem of how and when force should be used to protect public safety, reforms aimed at improving police accountability, restraining prosecutorial power, and expanding the role of juries can bring together warring parties who share a concern for justice.

Ultimately, Sklansky argues, reform must be rooted in a strong commitment to pluralism—bridging political divides rather than worsening them, strengthening democracy, and securing the broad support that enables durable change.

This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future?

Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative.

In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole.

The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.

After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England’s first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses—like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of “criminous clerics” were handled, and demonstrates that the judicial actions concerning Henry VIII’s marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More’s chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.