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Allen Steinberg - The transformation of criminal justice, Philadelphia, 1800-1880

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Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the systemdominated by the police and public prosecutorthat replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems.Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the citys system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice.Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphias criminal courts closely to related developments in the citys social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history.

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The Transformation of Criminal Justice title The Transformation - photo 1
The Transformation of Criminal Justice

title:The Transformation of Criminal Justice, Philadelphia, 1800-1880 Studies in Legal History
author:Steinberg, Allen.
publisher:University of North Carolina Press
isbn10 | asin:0807818445
print isbn13:9780807818442
ebook isbn13:9780807864753
language:English
subjectCriminal justice, Administration of--Pennsylvania--Philadelphia--History, Private prosecutors--Pennsylvania--Philadelphia--History.
publication date:1989
lcc:KFX2137.S74 1989eb
ddc:364/.9748/11
subject:Criminal justice, Administration of--Pennsylvania--Philadelphia--History, Private prosecutors--Pennsylvania--Philadelphia--History.
Page ii
Studies in Legal History
Published by the University of North Carolina Press in association with the American Society for Legal History
Editor
Thomas A. Green
Editorial Board
John D. Cushing
Lawrence M. Friedman
Charles M. Gray
Oscar Handlin
George L. Haskins
J. Willard Hurst
Stanley N. Katz
S. F. C. Milsom
L. Kinvin Wroth
Page iii
The Transformation of Criminal Justice
Philadelphia, 18001880
Allen Steinberg
University of North Carolina Press
Chapel Hill and London
Page iv
For Susan and Zachary
1989 The University of North Carolina Press
All rights reserved
Manufactured in the United States of America
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
Library of Congress Cataloging-in-Publication Data
Steinberg, Allen.
The transformation of criminal justice, Philadelphia,
18001880 / by Allen Steinberg.
p. cm. (Studies in legal history)
Bibliography: p.
Includes index.
ISBN 0-8078-1844-5 (alk. paper)
1. Criminal justice, Administration ofPenn
sylvaniaPhiladelphiaHistory19th century. 2. Private
prosecutorsPennsylvaniaPhiladelphiaHistory19th
century. I. Title. II. Series.
HV9956.P45S74 1989
364'.9748dc19 89-5485
CIP
93 92 91 90 89 5 4 3 2 1
Page v
CONTENTS
Preface
vii
Introduction:
The Greatest Luxury of All
1
Part I:The Duality of Criminal Justice
Chapter 1
Courtrooms and Cases
13
Part II:The World of Private Prosecution
Chapter 2
The Aldermen and Primary Justice
37
Chapter 3
The Courts of Record
56
Chapter 4
The Weakness of Court Officials
79
Chapter 5
Politics and Private Prosecution, 18001850
92
Part III:The Rise of State Prosecution
Chapter 6
The Origins of Police Authority
119
Chapter 7
Consolidation and Compromise
150
Part IV:The Decline of Private Prosecution
Chapter 8
The Impact of Consolidation
171
Chapter 9
The Transformation of Primary Justice
196
Epilogue
224
Appendix
233
Notes
251
Bibliography
307
Index
323

Page vi
TABLES
2.1 Occupations of 82 Philadelphia Aldermen and Justices, 18121854
40
3.1 Average Sentence by Judge
62
A.1 Arrests by Year, 18551874
235
A.2 Total Prison Commitments, 18151871
235
A.3 Criminal Court Cases, 18001876
236
A.4 Percentage of Arrests for Minor Offenses by Charge, 18551874,
237
A.5 Percentage of Prison Commitments for Nonindictable Offenses, 18151874,
238
A.6 Quarter Sessions Cases, 18001878
238
A.7 Mayor's Court Cases, 18001836
239
A.8 Quarter Sessions Cases, 18001838
239
A.9 Quarter Sessions Cases, 18441855
240
A.10 Quarter Sessions Cases, 18561874
240
A.11 Quarter Sessions Case Disposition by Charge, 18201874
241
A.12 Quarter Sessions Conviction Rate, Cases Tried
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