Journal of Criminal Law and Criminology
Volume 1 | Issue 1
Article 11
1910
Current Bibliography
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CURRENT BIBLIOGRAPHY. A. BOOK REVIEWS.
THE JuNIoR REPuILIC: ITs HISTORY AND IDEALS. By William
R. George. New York: D. Appleton and Company, 1909.
The casual reader of Mr. George's book will find plenty of dramatic interest to hold his attention. The style is narrative throughout, with a sufficient interspersion of urchin vernacular to bring into proper relief the intensely human side of the Republic and of its founder. Beneath the simple charm of style, thoughtful perusal will show constant emphasis given to the principles upon which the Republic rests. The sequence of material, both logical and chronological, shows the Republic not as a sudden inspiration.. but as a gradual evolution.
The Republic is a tangible expression of principles of educa-tion and of legal theory which are universal in their applicaeduca-tion. It is fortunate that its founder has given us his own interpretation of the way in which normal and natural influences operate suc-cessfully in a difficult field of education. Equally fortunate is it to have from him, and from his work, a simple concept of law, rid of its excrescences, and operating in the open as the crystallized but recognizable expression of wholesome public sentiment.
In its bearing on the problem of correction, Mr. .George's work starts with the assumption that juvenile delinquency is to be explained, not in terms of depravity, but of unwholesome surround-ings. This does not mean that in his book, or in the, practical op-eration of the Republic, Mr. George denie the influence of heredity in the building of character. Except for the few cases which fairly may be considered pathological, and with which the Repub-lic is not concerned, he does, however, assume that it is not with inherited badness or goodness that education has to deal, but with inherited forces which may be bad or good, according to the chan-nels into which they are directed. It is a platitude that the boy or girl who offends against social or civic law is frequently pos-sessed of qualities of courage, leadership and self-reliance, which. if rightly directed, will make the strongest character and the best citizen.
Assuming, first, the essential wholesomeness of youthful human nature, and, second, the deadening influence of arbitrary authority, the Republic offers an environment in which courage, will power, pride in achievement and possession find their proper expression and their natural restraint within the laws which a normal com-munity must establish for its proper regulation.
GEORGE: THE JUNIOR REPUBLIC.
To separate a child who has broken a law, or who is unman-ageable, from the normal environment of educational, commercial, social, civic, religious and home conditions, and to .commit him at
an impressionable age to an institution where associations are un-natural and unwholesome, where his manner of living is arranged for him, where he is restrained from acting on his own initiative and where his individuality is lost in numbers, will never prepare him for the responsibilities of citizenship. The Republic seeks to develop a sense of responsibility by creating an environment in which responsibility will be inevitable; to develop industry by mak-ing self-support necessary; to instill respect for law and order by the practice of self-government.
Paith in these principles is well founded on the records of past citizens of the Republic. The educational significance of the Re-public, however, is not to be measured by the success achieved in dealing with the few hundred young people who have come under its direct influence. Mr. George emphasizes the fact that republic principles are just as applicable, and have been just as successful in developing self-reliance and respect for law in young people who have never come -in conflict- with, public authority; as in those who need special correctional care. A large part of -the reason why there is occasion for such an institution as the Republic is that in the home and in our regular educational institutions its prin-ciples are so frequently ignored. If the Republic. achieves its greatest success, its principles will find their widest expression, first of all, in the public schools, and after that in the administration of other social and correctional institutions.
Turning from the" author's exposition" of his work to an esti-mate of the volume under review, the reviewer cannot better express the impression" which he would leave in the reader's mind than by quoting from a letter addressed to the author soon after the book
appeared':
"The first thing that occurs to me after reading every word of your book is probably the greatest compliment I could pay it.
and that is that one who knows the intimate details of the Repub-lic's workings must feel that from cover to'cover the book is true-true not because of any' slavish adherence to detailed facts, but true in the truest and best-sense, because it breathes in every page
the spirit and life of- the Republic as it is. Being- true, the book will plant in its readers your own conviction of the correctness and permanent applicability of the principles which make the Republic what it is." WILLARD E. HOTCHxIss.'
PARSONS: RESPONSIBILITY FOR CRIME.
RESPONSIBILITY FOR CRIME: AN INVESTIGATION OF THE NATURE AND CAUSES OF CRIME AND A MEANS OF ITS PREVENTION. By
Philip A. Parsons, Ph. D. New York: Longmans, Green & Co., 1909. Pp. 194.
This book, prepared as a dissertation for the doctor's degree, does not justify its title, which implies a synthetic treatment of the subject of crime. It contains nothing original, but reflects fairly well the attitude of science toward crime.
In the first chapter is set forth the significance of crime as an indication of social progress. The classification of criminals adopted is similar to that of the scientists of the Italian school, such as Lombroso and Ferri. Dr. Parsons' classification includes the insane criminal, born criminal, habitual criminal, professional criminal, occasional criminal and the criminal by. passion or ac-cident.
Due weight is given throughout the book to the anthropologi-cal and hereditary causes of crime and the conception of the crim-inal type as a norm is defined. A warning is uttered against the belief that these causes can be counteracted by changes in the social
pnvironment alone, and it is stated that "an effort to remedy en-vironmental conditions for individuals whose heredity has
deter-mined their fate is not an ignorant waste only, but courts calamity, if not tragedy" (page 81). In the chapter on propagation is indicated the only possible remedy for these causes of crime, namely, discouraging or preventing the persons having these hereditary characteristics from propagating their kind.
Dr. Parsons rejects the theory of penal responsibility based upon the freedom of the will and advocates a social theory of penal responsibility. "Man is responsible because he lives in society, and only because of that social existence" (page 69). Thus he places himself in accord with the criminologists of the positive school who believe that the only rational sanction for the penal treatment of the criminal is the necessity for social defense against crime.
Several reforms proposed by the advanced criminologists of to-day which would make the treatment of crime and the criminal more scientific and more just are endorsed by Dr. Parsons, among them being public defense in criminal trials, the substitution of a board of scientific experts for the lay jury and indemnification for those unjustly accused of crime. IMAURICE PARMEI.EE.'
ADAM: STORY OF CRIME AND ORIENTAL CRIME.
THE STORY OF CRIME, FROM THE CRADLE TO THE GRAVE. By H.
L. Adam. London: J. Werner Laurie, n. d. Pp. XII, 34,7. Perhaps the author might have done better to have entitled his book "The Story of Crimes" rather than "The Story of Crime," for of finding a contribution to the general subject of crime, its origin and evolution, he soon discovers that Mr. Adam has concerned him-self with the relation of a host of crimes in general rather than anything like a scientific treatise of crime in particular. Certainly the difference is great, and it is this difference, whatever the points of interest of Mr. Adam's narrative, that divest his book of any scientific and scholarly pretension. Scientific and scholarly it is not in any sense whatsoever; interesting it is to a certain degree simply because the crimes Mr. Adam has chosen to relate or cite as typical are in themselves interesting to those who find stories of crime fascinating. And these, judging by the prominent place given to the detective story and the detective play in modern literature, are legion. The reason, which lies beneath the surface, cannot of course be traced here.
Frankly, then, Mr. Adam's "The Story of Crime" is a jour-nalist's rapid review of the English criminal in his manifold rela-tion to the 'English bar, police and prison, the gentry's methods of the evasion of all these, and in turn the various injustices that all these, together with that poverty, which is the universal hotbed of crime, inflict on the gentry. Guided through its 34A7 pages by Mr. Adam's reportorial pen, one is not slow in coming to the conclusion that the English system is open to just the same criticism as our own. The question is one of degree rather than of kind and the degree one of more or less. The way and reforma-tion of the erring all over the world is dark and difficult and such light as Mr. Adam offers in the way of criticism is such as from in-numerable sources has been seen already.
ORIENTAL CRDIE. By H. L. Adam. .London: J. Werner Laurie,
n. d. Pp. XIV, 383.
This book is open to very much the same criticism. The title is again misleading; for the author confines himself to
SMITHERS: EXECUTIVE CLEMENCY IN PENNSYLVANIA.
during his occupation as a journalist at first hand, but since the material that comprises his "Oriental Crime" is taken largely from documents it has scarcely the virtue of hand-to-hand contact and first-hand knowledge to recommend it. The various stories of In-dian crime, which make up the substance if not the sum of Mr. Adam's second book, are in themselves, although tediously drawn out in the telling, interesting enough, but when all of them have been read one is left with the feeling that one knows far more about Indian crimes than crime in India. The reviewer may be pardoned if he points out for the second time that the difference is great in-deed. If Mr..Adam had occupied himself more with a study of those conditions, social, economical, psychological, which are the sources of crime in the Orient as well as in the Occident, and less with the various crimes that are merely the superficial indications of them, the reader might close his book with the feeling that the author had contributed something of more serious and lasting value to his subject. The chapter on prisons in India, on the penal settle-ments at Port Blair and the Anduman Islands are good pieces of journalism and may be recommended to those who wish a knowledge of those subjects in compact form. I K FIEDMA.
EXECUTIVE CLEMENCY IN PENNSYLVANLL. By William W. Smith-ers. With Statistics, Record Data and Forms by George D. Thorn. Philadelphia: International Printing Co., 1909. Pp. 246, 43 (list of authorities and index).
One who reads our popular journals must note the general interest at present in matters concerning the treatment of crim-inals before and after conviction. At the same time, the reader is impressed with the casual and superficial character of much that is written on this subject. The publication, therefore, of a book in which one phase of this very complex problem is treated in a scientific and at the same time practical manner, is an event of real importance. The preparation of the present book required a wide and scholarly study of the historical and scientific aspects of the question and an intimate knowledge of the practical details. Despite the local title, the discussion is general. In chapter I the "Development of the English Doctrine" is traced down to the founding of Pennsylvania, and chapter II contains an analysis of the "Nature and Source of the Power."
RUSSELL: CRIMES AND MISDEMEANORS.
all concerned, and not according to the whim or bias of a par-ticular executive, a jurisprudence of clemency is advocated, which shall bear a relation to our present criminal jurisprudence some-what similar to that of equity to the common law. In chapter v general principles for the guidance of the executive in the exercise of his power are developed and are summarized as follows: "Clem-ency should be exercised only when in obedience to a rational inter-pretation of common public sentiment the case by reason of nat-ur,] equity raises a presumption that it was intended to be ex-cepted out of the general terms of the punishing statute." These principles are to be applied only after a careful consideration of "the statute under which prosecution has occurred, the trial, and the punishment," and after determining whether the convicted criminal is to be classed as "Instinctive, Habitual or Occasional." The strictly legal theory of punishment, as legalized revenge, is repudiated, and the argument for a liberal power in the executive is based upon the premise that punishment is justifiable only when imposed for the protection of society and the reformation of the criminal.
In order that pardons may not be granted because of false sentimentality or for some other insufficient reason, it is urged that systematic efforts be made to collect all data and information that may properly have weight in enabling the executive to decide in judicial manner whether or not he will interfere on behalf of a particular convict. Chapter vi deals with the sources, forms and
nature of data. Here the various matters which should be
con-sidered for and against the exercise of. the clemency power are analyzed and weighed. Mr. Thorn, as clerk of the Board of Par-dons of Pennsylvania, has had the opportunity of determining what particular value should be given to the opinions and recom-mendations of the different classes of persons who come in contact with the prisoner before and after conviction, and the discussion of this point is very enlightening. The book throughout is inter-esting, whether considered from a practical or theoretical
stand-point. E.R.K.
A TnEATISE ON CRnMES AND MISDETEANORS. By Sir Win. Oldnall
Russell, Knt. In three volumes (1S books). Seventh edition. By William Feilden Craies and Leonard William Kershaw. With Canadian Notes by Alfred B. M~forine, K. C. London:
BELL: THE WHITE SLAVE TRADE.
of crimes, and its general scope and character are well known, this review will be confined to a statement of the distinguishing points of the new edition. The order of contents has been changed, and is now modeled after the arrangement of the Draft Code of 1880. The book and chapter headings are made more explicit, and indicate a more logical development of the subject. The text has been revised in places, and a book on Pleading and Procedure covering 180 pages has been added. The American notes which appeared in the sixth edition have been omitted, and very few American citations appear. The Canadian notes are clear and explicit. Recent statutes, including those providing for probation and prevention, are reprinted. The decisions of the new Court of Criminal Appeal are cited. It is to be regretted that there is not a fuller discussion of these cases. Though some have been abstracted, they are generally cited after the non-com-mittal "See." In a few instances they have been criticized. The table of cases contains an interesting feature, a statement of the year of decision after each case. E. R. K.
WAR ON THr WMTE SLAvE TRADE. Edited by Ernest A. Bell.
Chicago: The Charles C. Thompson Company, Publishers, 1910.
Until the last three years the American people were not aware of the extent of the traffic in girls, commonly known as "White Slavery." For the past three years, at least, overvhelming legal proof has been presented in the court rooms throughout the United States, which proves that this traffic has grown to great propor-tions. Mr. Sims in his 'introduction to this book, "War on the White Slave Trade," says: "The white slave trade may be said to be the business of securing white women and of selling them or ex-ploiting them for immoral purposes. It includes those *omen and girls who, if given a fair chance, would, in all probability, have been good wives and mothers and useful citizens."
So alarming has the international traffic become that the gov-ernments of France, Great Britain, Germany, Russia, Italy and most of the other states of Europe, except Turkey, signed a formal agreement at Paris on May 18, 1901, for the suppression of the criminal traffic known under the name of trade in white women-"Traite des Blanches." This arrangement was approved by the
crim-GRIFFITH: CRIME AND CRIMINALS.
inals who pray like tigers upon the undefended and the unwarned. Mr. Roe contributed three chapters to this volume. He shows that the traffic in American girls is greater than the importation of alien girls, and advocates better laws for the protection of our own daughters, on the model of the new Illinois statute against pandering. Mr. Parkin, in one of his three chapters, gives the laws of the states, and the national law, for the protection of girls against their destroyers.
Dr. William T. Belfield of Rush Medical College and Dr. Winfield Scott Hall of Northwestern University Medical School contribute chapters on the vice diseases. There are several chap-ters by the editor, three by women workers among the fallen, one by the late Charles N. Crittenton, one by William Alexander Coote of London, one by James Bronson Reynolds of New York, who is now investigating the white slave traffic for the grand jury of which John D. Rockefeller, Jr., is foreman, and one by Pastor Melbourne P. Boynton of Chicago. C.. R.
Gin AND Cu imzALs. By Griffith J. Griffith. Prison Reform League. Los Angeles: Prison Reform League Publishing
Company, 1910. Pp. 320.
The opening chapters of this book are devoted to an attempt to prove a rapid increase of crime, and contain a condemnation of capital punishment, followed by chapters of protest on the deter-rent theory and the practical carrying out of this theory, as illus-trated in many American prisons and jails, in southern convict camps and some police systems. The attempt to show an increase in crime is interesting, but unsatisfactory, because the statements are, in the main, too general, and not based upon reliable statis-tics, the author seeming to rely mainly upon a few unsatisfactory reports from certain sections showing an increasing number of arrests per capita, and not giving proper consideration to the many factors which might affect the results shown even in such statistics as are considered. Until this country has a complete system of officially compiled judicial statistics the question as to whether crime is increasing cannot be dealt with at all intelligently, and then only by a careful consideration of past and present police methods, statutes and legal procedure.
CHANDLER: LITERATURE OF ROGUERY.
argument would be much strengthened by an illustration of the failure of the theory in a properly administered prison. The book, however, is well worth the reading, if for no other reason than that it shows clearly the great harm and injustice of present methods where politics and the fee system have any part in the administra-tion of criminal law and prisons.
The closing chapters are hopeful in tone and attribute a tend-ency toward improvement, as shown by the enactment of parole, probation and indeterminate sentence laws and laws dealing with juvenile delinquents.
While it may not be classed as a scientific treatise, the volume is a valuable addition to criminology literature, and should be read by persons interested in the "new science" because of the
facts it contains. F. B. C.
THE LITERATURE op ROGUE Y. By Frank Wadleigh Chandler. (2 vols.) Boston and New York: Houghton, Miffiin & Co., 1907. Vol I, pp. 8, 6, 584.
WIN'ES: PUNISHMENT AND REFORMATION.
author shows a wide acquaintance with his subject, one of the most valuable features of the work being the complete bibliographies at the end of each chapter of the subject or period covered. He has produced something that has not only literary value, but practical value to readers interested in criminology, because the literature of any period portrays to a great extent the methods of life and point of view of the people of that period, the influence of the
existing laws and the forces that moved to create the laws. F. B. C.
PUNISHMENT AND REFORMATION: A STUDY OF THE PENITENTIArY SYSTEM. 'By Frederick Howard Wines, LL.D. New, en-larged edition. New York: T. Y. Crowell & Co., 1910.
The appearance of a new edition of this important work gives a proper occasion to call attention to its place in the literature of the subject. The author has thought on this theme for a half century, and carried forward the pioneer work of his revere:! father, founder of the American Prison Association and of the International Prison Commission. His personal equipment for
this study is -unsurpassed, and his long administrative experience has given the sure touch of practice to his interpretations of ideas. The new material in this enlarged edition is found in the two papers on "The Treatment of the Criminal" and "The New Crim-inology,"- and in the plea in the preface to this second edition for an endowment for the study of criminology. The entire vol-ume is an argvol-ument for the so-called "indeterminate sentence," and a more convincing statement of the essential principles underlying this method of treatment it would be difficult to find. The history of criminal law is outlined to show how it has been advanced from primitive revenge to rational efforts at social protection. The story of cruel and debasing punishments is told to prove how humane methods are more effective with the prisoner and less brutalizing to the officers and the public. The factor of deter-rence is not neglected; no weak sentimentalism is recommended, but the main purpose to restore the offender to his normal place in social relations is held steadily before the mind witli virile insist-ence on" the efficacy of right educational processes.
Per-NERINCX: L'ORGANISATION JUDICIAIRE AUX ETATS-UNIS.
haps most lawyers and judges who have an understanding of the reformatory process retain some prejudice against the parole sys-tem, which leaves so much control over liberty in the hands of an administrative office. Doubtless the author is right in his conten-tion that only the officers of the prison, who are in daily contact with the convict, possess the intimate knowledge of his progress or failure which is necessary to determine his fitness for conditioned freedom or absolute discharge. In the case of the juvenile court the judge derives his knowledge from the probation officers who are in constant contact with the young delinquent. Is not this instance suggestive for the parole system? Could not a "parole court" be erected which should have continuous records of all available information, and which could decide all matters affecting the liberty, even the conditioned liberty, of the convicted person? Would not this arrangement tend to conciliate the legal profession and the judges whose co-operation is so essential to the advance of the new criminplogy in practice? Is not the separation 'between ,court and prison already a cause of judicial paralysis in relation to reformatory methods? Do not the judges themselves need to be kept in close and vital connection with the process by which thleir sentences are actually carried out?
These are some of the questions started by an epoch-making book, which at present is the strongest contribution of American literature to the discussion of the fundamental ideas of the
reform-atory system. C. R. H.
L'OGA IsATIox JUDICIAIRE AUX ETATS-UNIS. By Alfred Nefrincx,
Professor in the University of Louvain. Paris: Giard and Bri~re, 1909. Pp. 427.
This work is a critical study of the administration of justice in the United States, both in structure and in operation. Its
author is a Belgian lawyer, member of the Brussels Bar, and son of the president of the Belgian Chamber of. Deputies. He visited the United States first in 1897; again in 1904; and in each visit he spent nearly a year, traveling in every quarter of the country, conversing with judges, lawyers and professors, attending trials, and collecting materials. His report was first written in 1904, and received the distinction of an award, from the Institute of France, of the Odilon Barrot prize-named after the Daniel Webster of France.
Every thoughtful American lawyer should read the book, and read it with humility and a receptive mind. At last we see our-selves as others see us. M. Nerincx knows what he is writing about, and (as those who made his acquaintance here can testify)
NERINCX: L'ORGANISATION JUDICIAIRE AUX ETATS-UNIS.
no foreigner could have been better 'equipped in sympathetic in-sight and keen penetration. In this book he has taken the scalpel in hand and laid bare the flesh. Part I describes the federal sys-tem, passing all the courts in review. Part II tlkes up the state courts. He begins with the bar, the school method, the system of admission, the office and trial practice, and the lawyer in general. Then the courts are described; then the jury system; then the prosecuting attorneys, and the administration of justice in general.
Criminal justice receives of course a full consideration.
Everywhere are the marks of close contact with things as they are-of a sure touch quite beyond that of the usual European studies of America. The justice scandals of the last decade in New York, Chicago, Minneapolis and St. Louis are used as first-hand illustrations. Every assertion is fortified by the written or spoken words of our own judges or lawyers. It is wholesome read-ing, for it jolts us out of our self-complacency. There is no exaggeration of color nor false emphasis. It is merely the plain opinion of one who compares us by other standards than our own
and finds shortcomings.
One passage (page 162) laments our lack of a competent criminal bar. After describing some of the attractions of civil practice, and its commercialization, it declares:
"Hence it is not surprising that the bar, properly so-called, occupies itself little with the interests of the humbler classes or with petty criminal cases. Clients of this sort (except in personal injury cases) can seldom afford to pay the advocate what he deems worth while. They are abandoned to the 'sharks' and the 'shysters'--political hangers-on, unscrupulous pettifoggers, often in league with the police or magistrates or bailiffs. Often and often, in my visits to criminal courts, I was struck with the disreputable looks of the lawyers who thronged the corridors. On asking my American brethren what proportion of honest and reputable practitioners were to be found there, I was told, 'four or five in a hundred-not more.' It is a calamity that the justice for the poor and humble should be left to the care of these bandits. There appears, however, to be no way of remedying these evil effects of the unrestricted competition of the rich commercial clientage which absorbs the services of the real bar. The only way would seem to be to oblige the latter to act gratuitously for needy clients (as is done in France, Italy and Belgium). But this would require a reorganization of the bar and a strict disciplinary system."
In another passage (page 325) he notices the inadequacies-of the prosecuting attorney's inadequacies-office as a career:
NERINCX: L'ORGANISATION JUDICIAIRE AUX ETATS-UNIS.
finally go into a practicing firm with such a clientage as they may become able to acquire by the notoriety of their trials or by some special talent shown in a sensational case. In the rural districts it takes little to make a sensation, especially where the press is eager to stir things up and make much out of nothing. 'Thanks to our newspapers,' said an American to me, who quite appreciated the shortcomings of the press, 'no day passes by with-but some petty scandal even in the. quietest quarters.' These young -lawyers, to be sure, in their zeal for fame, sometimes make the best prosecutors. They are bent on showing to the public that they are excellent la3vyers and that if lacking in knowledge, they possess integrity, vigilance, cleverness, and that fertility of resource which a client most values in his counselor. Un-fortunately, they do not always look forward mainly to a legal career. Many take the post only as a means of political advancement. Their labors as -prosecuting attorneys are merely an initial step toward the favors , of a political chieftain. The harm which these do to justice is incalculable."
It is easy to see what a. makeshift and botch is 'presented .by his: picture (very fairly drawn, as most of our country goes), in
contrast to a well-trained body of experienced men for "whom the bffie would be a serious life-career.
We need not continue these quotations. Every observation-of "MN. Nei-incx in the whole field of otir justice is worthy of attention. "nut we 'v6iild not give the impression that this study of ouLiA con-ditions leaves him pessiniistic.- Like* Mr. Bryce, he has a
sym-pathetic understanding of American life; and like Mr. .Bryce he has caught the infection of our optimistic and self-satisfied hope-fulness-that sense of the curability of all shortcomings in due course of time. In summing up, M. Nerincx, after attributing the ultimate sources of. our shortcomings to variois features in the bar, the:bench and the jury system, is obliged to report that there is nothing (except the publicity of trials) in the entire American system which Europe would need to borrow. But he is also frank to state that our defective system, which might in other countries be .disastrous and is by us endured with patience and is not likely to be radically changed, is explainable and alsd endurable by reason of three marked causes-the common sense racial quali-ties, the instinct for individual liberty, and the mobility of social
conditions; and he concludes,
"It is impossible for anyone who has lived in the United States not to come to believe, as its people do, that these methods of theirs in politics, in legislation, and in the. administration of justice-and particularly the
CURRENT BIBLIOGRAPHY.
B. ARTICLES IN AMERICAN AND ENGLISH PERIODICALS, 19o9.'
Albrecht, A. From Lombroso to Shakespeare, Nation, July 29. Alger, Geo. W. Treadmill Justice. Atlantic Monthly, Nov.
Anderson, Sir Robert. The Prevention of Crimes Act. Nineteenth Century, Feb.
Atritot, R. H. Progress of Law Reform in New York. American Law Re-view, Jan.-Feb.
Baldwin, S. E. A German Lawsuit. Yale Law Journal, Dec.
Baldwin, S. E. Courts as Conservators of Social Justice. Columbia Law Review, Nov.
Baldwin, W. H. Making the Deserter Pay the Piper; the District of Co-lumbia plan of paying prisoners' wages to their deserted wives. Survey,
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Keys, J. M. Cases of the Children's Court. World's Work, May.
Kales, A. L. Cook County Courts: A Comparative Study of the English and the Cook County Judicial Establishments. Illinois Law Review, Dec. Ladd, G. T. Ethics of the Law. Yale Law Journal, June.
Lehmann, F. W. Conservatism in Legal Procedure. Green Bag, March. Lex. Habitual Crime. Westminster Review, Feb.
Lex. Restitution or Compensation, and the Criminal Law. Law Magazine and Review, May.
Lewis, 0. F. The Jails of New York State, Aug. 21.
Life in a Japanese Prison. Wide World Magazine, April. Lindsey, B. B. Beast and the Jungle. Everybody's, Dec.
McAdoo, Win,. The London Police from a New York Point of View. Cen-tury, -Sept.
M11'acLane, John F. The Law's Delay. Lawyer and Banker, Oct. Mack, Sulian W. The Juvenile Court. Harvard Law Review, Dec. Macy, Jesse. The Efficiency of the English Courts. McClure's, Sept.
Making a Prisoner Support His Family. Outlook, March 6.
MeGaarden, Theodor. Criminal Appeals in England. Law Notes, June. Meloney, W. B. Police Camorra in New York. Collier's, Oct. 9.
Mezger, 0. Photography in the Service of the Law; Scientific Detection of Crime. Scientific American Supp., Oct. 30.
CURRENT BIBLIOGRAPHY.
Montgomeryv, H. I. B. Extinction of the Professional Criminal. Living Age,
Jan. 2.
National Conference on Criminal Law and Criminology. Survey, June 26.
Norton, Win. I. Chief Kohler of Cleveland, and His Golden Rule Policy. Outlook, Nov: 6.
Pampering of Prisoners. By One of the Pampered. National Review, Aug. Progress of the Probation System, Jan. 28.
Putnam, IV. L. Suggestions as to Improvement of Procedure. Green Bag, Nov.
Quest for Justice, and the Founding of the American Institute of Criminal Law aid Criminology. Outlook, July 17.
Rappoport, A. S. Russian Police. Fortnightly, March. Reform in Criminal Law. Survey, Oct. 23.
Richberg, Donald R. The Lawyer's Function. Atlantic Monthly, Oct. Romilly, C. G. Argument for Abolition of Capital Punishment. .Westminster
Review, July.
Rousseau, V. Bargaining with Criminals. Harper's Weekly, Feb. 13. Russell, Chas. E. Beating Men to Make Them Good. Hampton's, Sept.,
Oct., Nov.
Scoville, Samuel. The Denial of Justice. Outlook, June 12.
Sleeper, F. B. Twentieth Century Reformatory Movement in the Treatment of the Criminal. Arena, July.
Speranza, G. C. Petrosino and the Black Hand. Survey, April 3.
Spitaka, E. C. Should Capital Punishment Be Abolished? Harper's Weekly, July 3.
State Control for State Offenders. Charities, March 6.
Summers, H. W. Protection of the State Against Crime. American Law Review, June.
Sutherland, Geo. The Nation's First Penal Code. North American Review, Jan.
Swift, E. F. Juvenile Delinquency and Juvenile Control. Psychological Bul-letin, April.
Taft, W. H. The Delays of the Law. Albany Law Journal, Oct. Taylor, G. Police and Vice in Chicago. Survey, Nov. 6.
Thayer, E. R. Improvement of the Present System of Expert Testimony. Boston Medical and Surgical Journal, Dec. 30.
The Third Degree; Its Origin and History. Bench and Bar, July.
Thurston, H. W. What Should a Probation Officer Do for the Child?
Charities, Jan. 23.
Tolstoi, L. A. Capital Punishment in Russia. Arena, Aug.
Turner, G. K. Control of New York by Professional Criminals. McClure's, June.
Vauthier, M. Droit et Sociologie. Revue de droit internat. et legislation
compare6, No. 2.
Veiller, Lawrence. An Extension of the Police Power. Survey, July 3. Wages Still for Prisoners' Families. Charities, Jan. 23.
Walsh, Tas. . Insanity, Responsibility and Punishment for Crime. American Journal of the Medical Sciences, Aug.
ARTICLES IN CONTINENTAL PERIODICALS.
Warville, Geo. W. The Jurors and the Judge. Harvard Law Review, Dec. White, F. M. Fostering Foreign Criminals. Harper's Weekly, May 8. White, F. M. Helping Bad Boys to Make Good. Harper's Weekly, Feb. 27.
White, F. M. New Way of Making Policemen. Harper's Weekly, April 24. White, F. M. How the United States Fosters the Black Hand. Outlook, Oct.
30.
White, F. M. Meanest Knaves: How Prisoners Ate Robbed and Cheated by Dishonest Lawyers. Harper's Weekly, April io.
Woods, A. Problem of the Black Hand. McClurt's, May.
Woolwine, Thos. Lee. A Story of Law Enforcement. World's Work, July.
J. W. G.
C. ARTICLES IN CONTINENTAL JOURNALS OF CRIMINAL
LAW, 1909
ARCHIV FUER KRIMIINAL ANTHROPOLOGMh, Vol. 3. R. Vainbery, "The Re-pression of Professional Criminals in England," p. 128.
Rmvxs'rA PENALE, Vol. 65. Luigi Ordine, "The Repression and Prevention
of Juvenile Delinquency," p. 153; Vicenzo Manzinf, "The Rehabilitation of
Convicts," p. 417; Giuseppe Enrico Martina, "The Penal Treatment of Juvenile Delinquents and the Special Courts for Children in Germany," p. 649.
ZEITscHRIFr FUER DIE GESAMMTE STRAFRECHTSWISSENSCHAFT, Vol. 29.
Karl von Lilienthal, "A Criticism of the New German Draft Code of Crim-inal Procedure," p. I; T. F. Kleindinst, "The Conflict. of Theories of Penal Law," p. 134; Erwin Kluge, "The English Penal Treatment of Juvenile Delin-quents," p. 586.
TIJDSCHRIFT VOOR STRAFRECHT, Vol. 20. J. A. Nederburgh,
"Responsibil-ity and Punishment," p. 45; A. Baron van Wijubergen, "Is the Question of Free Will Not Important for the Criminal Law?" p. ioi; M. Kessler, "Dogs in the Service of Police and Justice," p. 147; R. van- der Mey, "The Ques-tion of Defective Delinquents," p. 211; D. Sinions, "The Reform of Crim-inal Procedure in Germany," p. 391; J. R. B. de Roos, "The Biographical Method in the Service of Criminal .itiology, p. 488.
ZEITSCHRIFT FLIER ANGENWANDTE PSYCHOLOGIE, Vol. 2. 1. G. Schnitzler,"Ex-perimental Contributions to the Science of Psychological Analysis of the
Guilty Mind," p. 5I.
STRAFIZECHTLICHE ABHANDLNGEN. No. ioo. Robert Redslob, "Personal Condition and Circumstances of the Accused in Aggravation or Mitigation of Penalty, .According to German and French Law."
MONATSSCHRFT FUIER KRIMINAL PSYCHOLOGIE UND STRAFRECTSREFORM, Vol.
5. A. Cross, "A New Children's Court in Austria," p. 92; P. Herr, "The
'This list is culled from the contents of the last volume completed tn
1909, respectively, on hand in the Gary Library of Criminal Law and,
Crimi-nology. 'In future numbers of the JOURNAL, the list will be continued from that point.
CURRENT BIBLIOGRAPHY.
American Juvenile Courts, and Their Influence on the German Draft Code of Criminal Procedure," p. 471; F. Hoppe, "Treatment of the Criminal Insane in New York State," p. 346; N. H. Kregsinamt, "The Centralization of Meth-ods of Care for Juveniles at Hamburg," p. 193; K. V. Lilienthal, "Criminal Responsibility," p. 257; Matz, "Our Juvenile Delinquents," p. 123; Manke-valler, "Criminality Among Female Offenders," p. 5o6; Riebeth, "Mental and Physical Attributes of the Delinquent," p. 671.
DER GERicHTSSAAL, Vol. 73. Johannes Nagler, "A Review of the New German Draft Code of Criminal Procedure, and the Report of Its Commis-sion," p. 97; F. Detfer, "Methods of Handling Juvenile Offenders," p. 385.
BLXTTER FuER GEI.XNGNISKIUNDE, Vol. 42. E. v. Sichart, "Methods of punishment in America and Germany Compared," p. 626.
ARcIIV FuER KrImINAL ANTHROPOLOGIE, Vol. 33. L. Gilitther, The Psychology of "Red Welsh" and the Slang Dialects Related to It. Vol. 34. 'Ernst Stark, Arson, from the standpoint of the Medical Man. Vol. 35. K. Jaspers, Homesickness and Crime. E. Kleinanm, The Psychology of Criminal Honor.
REVISTA.DE LAS PRISIONES, Vol. 14. F. Cadalso, The School of Criminology. Gregoria Yagiie, Incorrigible Offenders. Valencia, The Penitentiary Con-gress. F. Manzano, The History of Penitentiary ProCon-gress.
RIvIsTA PENALE, Vol. 70. G. Fetraccone, The Protection of Infants, and the Repression of Juvenile Crime in the Recent English Legislation.
REVUE PENITENTIARE ET DU DROIT PENAL, Vol. 23. L Signorel, The Problem of Food Frauds. R. Demogue, A Glance into the.Criminal Statistics of the Eighteenth Century.
ARcHIvEs D'ANTHROPOLOGIE CRl xtbNELLE, Vol. 24. M. *Carrara, Criminal
Anthro-pology. A. Lacassagne, Cesare Lombroso. A. Lacassagne, Gabriel Tarde. J.H.W.
D. LIST OF PERIODICALS.
[For permanent reference the Editors have compiled the following LIsT
OF PERIODICALS ON CRImiNAL LAW AND CRIMINOLOGY NOW CURRENT.
This list includes all known journals (not government documents)
concerned mainly with criminal justice, in its legal, medical, anthropological, sociological, psychological, physiological, aspects, etc.]
UNITED
STATES-Bulletin of Charities and Corrections. Indiana State Board (four times
a year).
Journal of Prison Discipline and Philanthropy. Pub. by Philadelphia
Society for Alleviating the Miseries of Public Prisons. Philadelphia,
1845+.
Junior Republic Citizen. Freeville, N. Y. junior Republic Herald. Pontiac, 19o5+.
Juvenile Court Record. Chicago, x9oo+.
Medico-Legal Journal (the). ed. Bell, C. New York, 18 84+. Pioneer. Pontiac, 1894+.
JOURNALS OF CRIMINAL LAW AND CRIMINOLOGY.
"ARGENTIA-Archivos de criminologia, medicina legal y psiquiatria. ed. Ramos e
In-gegnieros, J. Buenos Ayres, 19o2+.
Archivos de psiquiatria y criminologia. ed. Callao. Buenos Ayres. Criminologia moderna. ed. Gori, P. Buenos Ayres, 1899.+. Revista penitenciaria. ed. Carcel de Encausados. Buenos Ayres. Vida Neuva. ed. Carcel de Encausados. Buenos Ayes.
AUSTRIA-Archiv ffir Kriminal-Anthropologie und Kriminalistik. ed. Gross, H. Graz, Leipzig, 1899+.
BELGIUM-Revue de droit penal et de criminologie. ed. Byck re, R., et Jasper, H. Bruxelles, 19o7+.
Revue critique de droit criminel, Liege.
Rechtskundiz tijdschrift Voor Vlamsch Belgie. ed. Gunzburg. Antwerp.
DENMARK-Nordisk Tidsskrift for Foengselsvoesen. ed. Gundtvig. Copenhagen.
ENGLAND-Reformatory and Refuge Journal. London. The Prison Service Review. London.
FRANCE-Archives de l'anthropologie criminelle, de criminologie, et de psychologie normale et pathologique (entitled, till Vol. 8, Archives de l'anthro-pologie criminelle et des sciences p~nales). Founded Laccassagne, Gar-raud, et al.; ed. Dubuisson. Paris, 1886±.
Bulletin de l'Union international de droit p~nal. Paris, 1889+.
Bulletin de la Commission Pdnitentiaire International. 5th Series. Berne,
1904±.
Journal du droit criminel, ou, Jurisprudence criminelle de France. Recueil critique des decisions, etc. ed. Morin, afterward ed. Chauveau
and H6lie. 1829±.
Journal des Commissaires de Police. Monthly. 1855+.
Journal des parquets; R~evue mensuelle dd droit criminel. Paris, I886--. Revue p~nitentiaire et de droit penal (same as Bulletin de ]a Soci&6t
g~nrale des Prisons). Paris, 1877+.
GERMANY-Abhandlungen des Kriminalistischen Seminars an der Universitdt Berlin. ed Liszt, F. von., Berlin, 1888+ (irregular; new ser., Vol. V, 19o8). Allgemeine deutsche Criminalzeitung. ed. Roskoschny. Leipzig, I--. Archiv ffir Strafrecht und Strafprozess (originally, A. ffir preussisches
CURRENT BIBLIOGRAPHY.
Beitrige zur Psychologie der Aussage, mit besonderer Beriicksichtigung der Rechtspflege, Paedagogik, Psychiatrie, und Geschichtsforschung. ed. Stern, W. 2. vols., 8 pts., Leipzig, 19o3-19o6 (continued as Zeitschrift
fir angewandte Psychologie, etc.).
Beitrdige zur Reform des Strafprozesses. ed. Adickes, F., Aschrott, P., Lilienthal, K. von, Liszt, F. von. Berlin, i9o8 (irregular; Vol. II,
I908).
Blditter ffir administrative Praxis und Polizeigerichtspflege. ed. Krazeisen, K. von. Miinchen, 1851± (Vol. LVII, 19o7).
Blhtter fiir Gefiingniskunde; Organ des Vereins der deutschen
Strafan-staltsbeamten. ed. Eckert, G. Heidelberg, Kassel, 1865-1-.
Friedreich's Blitter ffir gerichtliche Medizin und Sanitditspolizei (orig-inally called Blfitter fuir ger. Anthropologie). ed. Friedreich, J. B.; then ed. Hecker, Buchner, Kerschensteiner, J. von, and Messerer, 0. Niirnberg, 1851.
Gerichtssaal; Zeitschrift ffir Strafrechtspflege und die erganzenden Dis-ziplinen (sub-title varies). ed. Jagemann, L. von, Arnold, Hye, Mitter-maier, Glaser, Berner, Schwarze, Holtzendorff, et al., and now by Oetker and Finger. Stuttgart, 1849±.
Goltdammer's Archiv. See Archiv fiir Strafrecht.
Jahrbuch des Strafrechts und Strafprozesses. Hanover, 1907+.
Juristisch-psychiatrische Grenzfragen. ed. Finger, A. Hoche, A., and Bresler, J. Halle, 19o5+ (irregular; Vol. VI, i9o8).
Mkitteilungen der internationalen kriminalistischen Vereinigung (same as Bulletin de l'union internationale de droit p6nal). ed by Liszt, Berlin. Monatsschrift ffir Kriminalpsychologie und Strafrechtsreform. ed. Aschaffenburg, Koss, von Lilienthal, and von Liszt. Heidelberg, 1904+.
Strafrechtliche Abhandlungen. Founded Bennecke, H.; ed. Lilienthal, K. von. Breslau, 1896+ (irregular No. 94, igo8).
Tribunal (das). Zeitschift ffir praktische Strafrechtspflege. ed. Belmonte. Hamburg, 1885+.
Vierteljahrschrift ffir Gerichtliche Medizin und oeffentliche Sanititswesen. ed. Casper, J. L., and Horn, W. Berlin, ist ser., 1852-1872; 2d ser., 1872-1896; 3d ser., 1896+.
Zeitschrift fUr angewandte Psychologie und psychologische Sammelfor-schung (continuation of Beitr~ige zur Psychologie der Aussage). ed. Stern, L. W., and Lipmann, 0. Leipzig,
1907+-Zeitschrift ffur die gesammte Strafrechtswissenschaft. ed. Dochow, A., Liszt, F. von, Lilienthal, K. von, and Herz. Berlin, 1881-i-.
Zeitschrift fiir Polizei Wissenschaft-Dienst-u Wesen. Berlin. Zeitschrift ffur Polizei und Verwaltungsbeamte. Berlin.
ITALY-Archivio di psichiatria, scienze penali, ed antropologia criminale (formerly entitled, Archivio di psichiatria, neuropatologia, antropologia criminale, e medicina legale). Dir., Lombroso, C., Garofalo, B. R., and Ferri, E.;
ed. Andenino. Torino, 188o+.
JOURNALS OF CRIMINAL LAW AND CRIMINOLOGY.
Gazzetta delle Carceri. ed. Marinelli. Catane (Sicile).
Giustizia penale (la); Rivista critica settimanale di dottrina, giurispru-denza, legislazione. ed. Impallomeni and Escobedo, G. Rome, 1895+. Manuale del funzionario di sicurezza pubblica e di polizia giudiziaria. ed.
Astengo, C. Roma, 1895+.
Progresso del Diritto criminale. ed. Carnevale. Palermo.
Rivista di Diritto penali e sociologia criminali, Piazzi dei Cavalieri Pisa. ed. Zerboglio.
Rivista di discipline carcerarie in relazione con antropologia, col diritto penale, e con la statistica. Founded Beltrani-Scalia, M. ed. Doria, A.
Roma, 187o+.
Rivista di medicina legale. Genova.
Rivista mensile di psichiatria forense, antropologia criminale e scienze
affini. ed. Penta. Naples, 19o44.
Rivista penale di dottrina, legislazione e giurisprudenza. ed. Lucchini, L Firenze, Torino, 1874+ .
Rivista di polizia giudiziaria scientifica. ed. Niceforo. 19o7+.
Rivista sperimentale di freniatria, di medicina legale, e delle alienazione mentali; organo della Societi freniatrica Italiana. ed. Tamburini, Reggio (in Emilia), 1879+.
Scuola positiva (la) nella dottrina e giurisprudenza penale. ed. Ferri, E. Roma, I89I±.
NETHERLANDS-Tijdschrift voor strafrecht. ed. Pols. van Hamel, and van der Hoeven,
Leiden, 1886+ (Vol. XXIII, 19o8).
RUSSIA-Vyestnik psikhologii, kriminalnoi antropologii, i hipnotisma. St. Peters-burg, 19o4 (?)-4-.
SPAIN-Anales del laboratorio de criminologia. Madrid, i899+. Gaceta medico-forense; revista scientifica. Madrid, 1863-1864. Revista de derecho y sociologia. ed. Posada, A. Madrid; 1895+. Revista de las prisiones. ed. Cadalso, F. Madrid, 1893+.
Revista penitenciaria. ed. San Lorenzo. Madrid.
Revista internacional de antropologia criminal y ciencias medico-legales. ed. Taladriz, A. M. A. Valladolid, 1888-189o.
SWITZERLAND-Zeitschrift ffir Schweizerisches Strafrecht (Revue p~nale suisse). ed. Stoos, C. Basel, 1888+.
INDIA-The International Police Service Magazine. Madras, 19o7+.
