front cover of American Homicide
American Homicide
Randolph Roth
Harvard University Press, 2012

In American Homicide, Randolph Roth charts changes in the character and incidence of homicide in the U.S. from colonial times to the present. Roth argues that the United States is distinctive in its level of violence among unrelated adults—friends, acquaintances, and strangers. America was extraordinarily homicidal in the mid-seventeenth century, but it became relatively non-homicidal by the mid-eighteenth century, even in the slave South; and by the early nineteenth century, rates in the North and the mountain South were extremely low. But the homicide rate rose substantially among unrelated adults in the slave South after the American Revolution; and it skyrocketed across the United States from the late 1840s through the mid-1870s, while rates in most other Western nations held steady or fell.

That surge—and all subsequent increases in the homicide rate—correlated closely with four distinct phenomena: political instability; a loss of government legitimacy; a loss of fellow-feeling among members of society caused by racial, religious, or political antagonism; and a loss of faith in the social hierarchy. Those four factors, Roth argues, best explain why homicide rates have gone up and down in the United States and in other Western nations over the past four centuries, and why the United States is today the most homicidal affluent nation.

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front cover of Criminal Justice in China
Criminal Justice in China
A History
Klaus Mühlhahn
Harvard University Press, 2009

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.

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