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Lawrence M. Friedman - The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910

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The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910
Author:
Lawrence M Friedman / Robert V Percival
Publisher:
UNC Press Books
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Year:
2017
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The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910: summary, description and annotation

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Focusing on a single county at a time when the population grew from 24,000 to 246,000, the authors combine statistical analysis of documentary sources, contemporary newspaper accounts, and exploration in criminal case files to give a detailed reconstruction of the operations of the countys entire criminal justice system. By tracing the process from arrest to trial, sentencing, and punishment, this study will have a profound effect on our perception of American criminal justice.
Originally published in 1981.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

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The Roots of Justice

Studies in Legal History

Published by The University of North Carolina Press in association with the American Society for Legal History

Editor Morris S. Arnold

EDITORIAL ADVISORY BOARD

John D. Cushing
Lawrence M. Friedman
Charles M. Gray
Thomas A. Green
Oscar Handlin
George L. Haskins
J. Willard Hurst
S. F. C. Milsom
Joseph H. Smith
L. Kinvin Wroth

1981 The University of North Carolina Press

Manufactured in the United States of America

Library of Congress Cataloging in Publication Data
Friedman, Lawrence M 1930
The roots of justice.

(Studies in legal history)
Includes index.
1. Criminal justice, Administration ofCaliforniaAlameda Co.History. 2. Alameda Co., Calif.History.
I. Percival, Robert V., joint author. II. Title. III. Series.
KFC 1199. A 4 F 74 345.7946505 80-29036
ISBN 0-8078-1476-8

To Leah, Jane, Amy, and Sarah
LMF

To my parents
RVP

Contents

Tables

2.1 Population of Alameda County by Townships and Cities, 1870-1910

2.2 Arrest Rates in Oakland, 1870-1920

2.3 Number and Rate of Arrests for Felonies against Persons and Property in Oakland, 1875-1970

2.4 Felony Arrests as a Percentage of All Arrests by Oakland Police, 1875-1970

2.5 Number of Arrests, Number of Police, and Arrests per Officer in Oakland, 1868-1910

2.6 Number of Felony Arrests per Policeman for Offenses against Persons and Property in Oakland, 1875-1910

2.7 Estimated Average Annual Rates of Felony Prosecutions in Alameda County by Township, 1880-1910

3.1 Criminal Proceedings in Alameda County Superior Court, 1880-1910

3.2 Felony Trial Court Judges in Alameda County, 1870-1910

3.3 Alameda County District Attorneys, 1871-1910

3.4 Attorneys Most Frequently Appearing for the Defense in Alameda County Felony Cases, 1880-1910

4.1 Number of Police per Thousand People in Oakland, 1870-1910

4.2 Number of Police and Police per Thousand People in the Ten Largest U.S. Cities, 1880

4.3 Percentage Distribution of Oakland Arrests by Functional Offense Categories, 1872-1910

4.4 Number and Rate of Arrests for Public Order Offenses in Oakland, 1875-1970

4.5 Number and Rate of Arrests for Law Enforcement Purposes in Oakland, 1875-1910

4.6 Arrests of Ten or More Persons and Gambling Raids in Oakland, 1872-1910

4.7 Percentages of Total Arrests for Each Offense Class in Oakland by Time of Day, 1872-1910

4.8 Percentage Distribution of Arrests of Persons of Selected Nationalities in Oakland, 1872-1910

4.9 Percentage Distribution of Arrests by Sex for Each Offense Class in Oakland, 1872-1910

4.10 Arrest Rates by Age Group in Oakland, 1900-1970

4.11 Mean Age of Persons Arrested in Oakland, 1872-1910

4.12 Distribution of Arrests for Each Offense Class in Oakland by Age Group, 1872-1910

4.13 Occupations of Persons Arrested in Oakland, 18921910

4.14 Cases Heard in Justice Court in San Jose Township, 1887 n

4.15 Percentages of Misdemeanor Arrests Disposed of without Prosecution by Oakland Police, 1872-1910

4.16 Amount of Bail and Percentages of Cases Requiring Bail in Oakland, 1872-1910

4.17 Disposition of Cases Prosecuted in Oakland Police Court, 1872-1910

4.18 Percentages of Police Court Cases Brought to Trial in Oakland, Fiscal Year 1881

4.19 Mean Time between Defendants First Court Appearance and Final Case Disposition in Oakland Police Court, Fiscal Year 1881

4.20 Cost to Oakland of a License Case, 1879

4.21 Average Fines and Jail Sentences Imposed by Oakland Police Court, 1880-1881

5.1 Felonies Charged in Superior Court Sample and Estimated Number of Actual Prosecutions, 1880-1910

5.2 Defendants in Superior Court Sample with and without Counsel at Preliminary Examination, 1890-1910

5.3 Defendants in Superior Court Sample Electing to Testify at the Preliminary Examination, by Counsel Status, 1890-1910

5.4 Disposition of Felony Cases before the Oakland Police Court, 1880-1881

5.5 Outcome of Superior Court Prosecutions by Counsel Status at Preliminary Examination, 1890-1910

5.6 Amount of Bail Set at Bindover, 1880-1910

5.7 Percentages of Defendants Released on Bail, 1880-1910

5.8 Disposition of Felony Charges against Defendants Making and Not Making Bail, 1880-1910

5.9 Sources of Felony Prosecutions in Superior Court, 1880-1910

5.10 Legal Representation of Felony Defendants in Superior Court, 1880-1910

5.11 Disposition of Cases in Superior Court, 1880-1910

5.12 Initial Pleas in Cases in Which Defendants Entered Pleas, 1880-1910

5.13 Verdict of First Trial in Cases Tried, 1880-1910

5.14 Motion for New Trial Following Convictions at Trial, 1880-1910

6.1 Statutory Range of Prison Sentences for Various Felonies

6.2 Days between Conviction and Sentencing, 1880-1910

6.3 Days between Conviction and Sentencing by Offense, 1880-1910

6.4 Days between Conviction and Sentencing by Attorney Status in Superior Court, 1880-1910

6.5 Sentences Following Convictions in Superior Court by Time Period, 1880-1910

6.6 Sentences Following Convictions in Superior Court by Offense, 1880-1910

6.7 Prison Sentences of Alameda County Prisoners by Offense, 1870-1911

6.8 Average Sentences (in Months) for Various Offenses with and without Inclusion of Prior Conviction Cases, 1880-1910

6.9 Average Sentences (in Months) by Method of Conviction, 1880-1910

6.10 Average Sentences (in Months) by Method of Conviction, Excluding Cases of Prior Convictions, Multiple Charges, or Lesser Convictions, 1880-1910

6.11 Prison Sentences of Alameda County Prisoners by Time Period, 1870-1911

6.12 Prison Sentences (in Months) for Selected Offenses by Race of Prisoner, 1870-1911

6.13 Types of Complaint in Juvenile Cases, 1903-1910

6.14 Percentage of Guilty Pleas in Felony Cases by Time Periods, 1880-1910

8.1 Number and Rate of Felony Appeals in Alameda County, 1870-1910

8.2 Cases Appealed in Alameda County by Offense, 1870-1910

8.3 Cases Appealed in Alameda County by Type of Sentence Received, 1870-1910

8.4 Principal Grounds for Appeals in Alameda County, 1870-1910

8.5 Stage of Proceedings from Which Appeals Were Taken in Alameda County, 1870-1910

8.6 Outcome of Appeals by Grant or Refusal of Stay Pending Appeal, 1870-1910

8.7 Days between Trial Judgment and Filing of Transcript on Appeal, 1870-1910

8.8 Days between Filing of Appellate Transcript and Decision of Appellate Court, 1870-1910

8.9 Days between Trial Court Judgment and Appellate Decision, 1870-1910

8.10 Final Appellate Decisions in Alameda County Cases by Party Bringing Appeal, 1870-1910

9.1 Characteristics of Alameda County Prisoners in State Prisons, 1870-1911

FIGURES

2.1 Townships and Cities of Alameda County, California, 1870-1910

8.1 Procedural Route of Alameda County Appeals, 1870-1910

Illustrations

1. Map of Alameda County, California, 1878

2. Alameda County Courthouse, Washington Square, Oakland, circa 1875

3. Oakland, California, Looking West from City Hall, 1879

4. Artists Conception of a Birds-eye View of Oakland, 1893

5. City Hall at Fourteenth and Broadway, Oakland, 1910

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