"The subject of this book pertains to events, often unpleasant, in the domestic lives of the 17th-century Maryland colonists."—publisher's catalog description, 1938 Marylander Edward Erbery called members of the colony's proprietary assembly "rogues and puppies"; he was tied to an apple tree and received thirty-nine lashes. Jacob Lumbrozo, a Maryland Jew who suggested Christ's miracles were done by "magic," was imprisoned indefinitely, escaping execution only by the governor's pardon. Rebecca Fowler was accused of using witchcraft to cause her Calvert County neighbors to feel "very much the worse;" she was hanged on October 9, 1685. Mrs. Thomas Ward whipped a runaway maidservant with a peachtree rod, then rubbed salt into the girl's wounds; the girl died, and Mrs. Ward was fined three hundred pounds of tobacco. Now available in a new paperback edition, Raphael Semmes's classic Crime and Punishment in Colonial Maryland contains a wealth of colorful—though often disturbing—details about the law and lawbreakers in 17th-century Maryland. Semmes explains, for instance, that theft was rare among early Marylanders—if only because the colonists had little worth stealing. But what the colonists valued, they endeavored to protect: A 1662 law punished a person twice-convicted of hog-stealing by branding an "H" on his shoulder. (Widely perceived as being too lenient, the law was amended four years later: first offense, "H" on the forehead.) Men caught in adultery were often fined; women were often whipped. And knowing how to swim was so rare among 17th-century women that suggesting one could do so was tantamount to accusing her of witchcraft: a minister's son who claimed as much was sued by the woman for defamation of character. Crime and Punishment in Colonial Maryland offers fascinating and detailed case histories on such crimes as theft, libel, assault and homicide, as well as on adultery, profanity, drunkenness, and witchcraft. It also explores long-forgotten aspects of old English law, such as theftbote (an early form of "victim compensation"), deodand (an animal or article which, having caused the death of a human being, was forfeited to the Crown for "pious uses"), and the blood test for murderers.
Argues that a policy of mass incarceration is ineffective and that prison expenditures could have greater impact on criminal violence if spent on prevention and rehabilitation programs.
Most people know that England shipped thousands of convicts to Australia, but few are aware that colonial America was the original destination for Britain's unwanted criminals. In the 18th century, thousands of British convicts were separated from their families, chained together in the hold of a ship, and carried off to America, sometimes for the theft of a mere handkerchief.What happened to these convicts once they arrived in America? Did they prosper in an environment of unlimited opportunity, or were they ostracized by the other colonists? Anthony Vaver tells the stories of the petty thieves and professional criminals who were punished by being sent across the ocean to work on plantations. In bringing to life this forgotten chapter in American history, he challenges the way we think about immigration to early America.The book also includes a helpful appendix with tips on researching individual convicts transported to America.
“Mikita Brottman is one of today’s finest practitioners of nonfiction.” —The New York Times Book Review Critically acclaimed author and psychoanalyst Mikita Brottman offers literary true crime writing at its best, taking us into the life of a murderer after his conviction—when most stories end but the defendant's life goes on. On February 21, 1992, 22-year-old Brian Bechtold walked into a police station in Port St. Joe, Florida and confessed that he’d shot and killed his parents in their family home in Silver Spring, Maryland. He said he’d been possessed by the devil. He was eventually diagnosed with schizophrenia and ruled “not criminally responsible” for the murders on grounds of insanity. But after the trial, where do the "criminally insane" go? Brottman reveals Brian's inner life leading up to the murder, as well as his complicated afterlife in a maximum security psychiatric hospital, where he is neither imprisoned nor free. During his 27 years at the hospital, Brian has tried to escape and been shot by police, and has witnessed three patient-on-patient murders. He’s experienced the drugging of patients beyond recognition, a sadistic system of rewards and punishments, and the short-lived reign of a crazed psychiatrist-turned-stalker. In the tradition of One Flew Over The Cuckoo’s Nest, Couple Found Slain is an insider’s account of life in the underworld of forensic psych wards in America and the forgotten lives of those held there, often indefinitely.
When we think of the key figures of early American history, we think of explorers, or pilgrims, or Native Americans--not cattle, or goats, or swine. But as Virginia DeJohn Anderson reveals in this brilliantly original account of colonists in New England and the Chesapeake region, livestock played a vitally important role in the settling of the New World. Livestock, Anderson writes, were a central factor in the cultural clash between colonists and Indians as well as a driving force in the expansion west. By bringing livestock across the Atlantic, colonists believed that they provided the means to realize America's potential. It was thought that if the Native Americans learned to keep livestock as well, they would be that much closer to assimilating the colonists' culture, especially their Christian faith. But colonists failed to anticipate the problems that would arise as Indians began encountering free-ranging livestock at almost every turn, often trespassing in their cornfields. Moreover, when growing populations and an expansive style of husbandry required far more space than they had expected, colonists could see no alternative but to appropriate Indian land. This created tensions that reached the boiling point with King Philip's War and Bacon's Rebellion. And it established a pattern that would repeat time and again over the next two centuries. A stunning account that presents our history in a truly new light, Creatures of Empire restores a vital element of our past, illuminating one of the great forces of colonization and the expansion westward.
This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police--the most expansive and least limitable of governmental powers--by focusing on its most obvious and problematic manifestation: criminal law.
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
The death penalty arouses our passions as does few other issues. Some view taking another person's life as just and reasonable punishment while others see it as an inhumane and barbaric act. But the intensity of feeling that capital punishment provokes often obscures its long and varied history in this country. Now, for the first time, we have a comprehensive history of the death penalty in the United States. Law professor Stuart Banner tells the story of how, over four centuries, dramatic changes have taken place in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, the penalty was standard for a laundry list of crimes--from adultery to murder, from arson to stealing horses. Hangings were public events, staged before audiences numbering in the thousands, attended by women and men, young and old, black and white alike. Early on, the gruesome spectacle had explicitly religious purposes--an event replete with sermons, confessions, and last minute penitence--to promote the salvation of both the condemned and the crowd. Through the nineteenth century, the execution became desacralized, increasingly secular and private, in response to changing mores. In the twentieth and twenty-first centuries, ironically, as it has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever. By recreating what it was like to be the condemned, the executioner, and the spectator, Banner moves beyond the debates, to give us an unprecedented understanding of capital punishment's many meanings. As nearly four thousand inmates are now on death row, and almost one hundred are currently being executed each year, the furious debate is unlikely to diminish. The Death Penalty is invaluable in understanding the American way of the ultimate punishment. Table of Contents: Abbreviations Introduction 1. Terror, Blood, and Repentance 2. Hanging Day 3. Degrees of Death 4. The Origins of Opposition 5. Northern Reform, Southern Retention 6. Into the Jail Yard 7. Technological Cures 8. Decline 9. To the Supreme Court 10. Resurrection Epilogue Appendix: Counting Executions Notes Acknowledgments Index Reviews of this book: [Banner] deftly balances history and politics, crafting a book that will be valuable to anyone interested in knowing more about capital punishment, no matter what his or her views are on the ethical issues surrounding the topic. --David Pitt, Booklist Reviews of this book: In this well-researched and clear account...Banner charts how and why this country went from having one of the world's mildest punitive systems to one of its harshest. --Publishers Weekly Reviews of this book: Stuart Banner's book is fine and balanced and important. His lucid history of this grim subject is scrupulously accurate...It is refreshingly free of the tendentiousness and the sensationalism that this subject invites. --Richard A. Posner, New Republic Reviews of this book: [The] contrast between the past and the present can now be seen with great clarity thanks to...Stuart Banner and his comprehensive book, The Death Penalty...American historians have been slow to undertake anything like a full-scale study of the subject...Banner's book does much to fill [the gaps]. His book is an important and comprehensive...treatment of the topic. --Hugo Adam Bedau, Boston Review Reviews of this book: Despite the gruesome nature of the book's topic, it is difficult to stop reading. Banner's research is fascinating, his writing style compelling. Given the emotional nature of the subject (few people known to me are wishy-washy about whether the death penalty is moral or immoral), Banner walks the line of neutrality skillfully, without seeming evasive. --Steve Weinberg, Legal Times Reviews of this book: Stuart Banner's The Death Penalty is a tour de force, remarkable for its neutrality as it traces the ways in which the death penalty has been applied, and for what kinds of crimes, from the Colonial era to the present. Banner...writes like a historian who believes perspective is best gained by dispassionately setting out what happened and letting everyone come to his or her own conclusions. I think, in this book, that works wonderfully. On a subject in which emotions run so high, it seems awfully useful to have a dispassionate voice. After all, if Banner allowed his own feelings on the death penalty--pro, con or somewhere in the middle--to be known, the book easily could be dismissed as a diatribe. He doesn't, and it can't. --Judith Neuman Beck, San Jose Mercury News Reviews of this book: Law professor Banner...offers a persuasive examination of the evolution of capital punishment from Colonial times onward. He makes clear that the death penalty has possessed generally consistent support from the US populace, although changes in the sensibilities of juries, executioners, legal theoreticians, and judges have occurred...Highly recommended. --R. C. Cottrell, Choice Reviews of this book: Stuart Banner aptly illustrates in The Death Penalty, like the nation, the death penalty has changed with the times...Banner's account spotlights a number of interesting trends in American history...Mostly evenhanded in the tour he provides through the history of the death penalty and its role in and reflection of American society, he has managed to provide an accessible look at what is a profoundly controversial and complicated subject. --Steven Martinovich, Ft. Lauderdale Sun-Sentinel Reviews of this book: "For centuries," Stuart Banner tells us, "Americans had been proud to possess a criminal-justice system that made less use of the death penalty than just about any other place on the globe, including the countries of western Europe." But no longer. Now we possess "one of the harshest criminal codes in the world." The Death Penalty helps explain that turnaround, but only in the course of a complicated story in which different factors emerge at different times to play often unforeseeable roles...[This is a] superbly told history. --Paul Rosenberg, Denver Post and Rocky Mountain News Reviews of this book: Stuart Banner's lucid, richly researched book brings us, for the first time, a comprehensive history of American capital punishment from colonial times to the present. He describes the practices that characterized the institution at different periods, elucidates their ritual purposes and social meanings, and identifies the forces that led to their transformation. The book's well-ordered narrative is interspersed with individual case histories, that give flesh and blood to the account. --David Garland, Times Literary Supplement Reviews of this book: [An] informative, even-handed, chillingly fascinating account of why and how the U.S. government and many state governments decided to sponsor executions of criminals--even though innocent defendants might die, too. --Jane Henderson, St. Louis Post-Dispatch Reviews of this book: Stuart Banner's The Death Penalty is a splendidly objective achievement. Delightfully written, free of academic pretense, liberally sprinkled with apt references from contemporary sources, the book exhaustively explores the multifaceted evolution of America's penal practices. --Elsbeth Bothe, Baltimore Sun The Death Penalty is certain to be the definitive account of the American experience with capital punishment, from its beginnings in the seventeenth century, to the execution of Timothy McVeigh in 2001. This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject. Historical and legal scholarship owe a debt of gratitude to Stuart Banner. --Lawrence Friedman, Stanford Law School A masterful book. This is a long overdue account which fills a huge gap in our understanding of America's long and complex relationship to state killing. With meticulous scholarship and lucid prose, Banner has written a compelling account of the place of capital punishment in our society. It sets the standard for all future scholarship on the history of the death penalty in America. --Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition The Death Penalty, a study we have badly needed, is the first history of the nation's engagement--as well as its disengagement--with capital punishment from the country's earliest days to the present. With a sure grasp of the constitutional issues, Stuart Banner greatly advances a conversation at last underway about the rightness of putting people to death for having inflicted a death. Banner's greatest and most useful feat is remaining dispassionate on a subject that he cares deeply about--as do a growing number of his fellow Americans. --William S. McFeely, author of Proximity to Death The Death Penalty beautifully explains the changing paths traveled by supporters and opponents of capital punishment over the years. It explores a subject of enormous symbolic importance to Americans today, linking our views about the death penalty to our larger concerns about crime. --David Oshinsky, author of "Worse Than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice Banner's book is a superbly detailed and textured social history of a subject too often treated in legal abstractions. It demonstrates how capital punishment has gnawed at the conscience and imagination of Americans, and how it has challenged their efforts to define themselves culturally, politically, and racially. --Robert Weisberg, Stanford Law School
