Criminal Justice Masterworks: A History of Ideas about
Crime, Law, Police, and Corrections
By Robert Panzarella and Daniel Vona
Durham, NC: Carolina Academic Press, 2006
As the title suggests, this compilation truly represents the historical development of ideas and philosophies in the field of criminal justice through the use of detailed introductions and the selection of excerpts from key figures in the areas of criminology, legal studies, police studies, and correctional studies. As such, this book is worthy of further notice by academics and practitioners alike.
One of the biggest challenges in the classroom is the presentation of theoretical constructs in such a way as to make clear their contemporary and practical significance. Equally difficult is the task of maintaining the complexity of thought when introducing students to fundamental assumptions of human nature and the connection to practice in the criminal justice system. Criminal Justice Masterworks is unlike other anthologies as it provides lengthier excerpts from the original works, section and article introductions, and selections that deal with fundamental questions on the causes and control of crime. I find the greatest strengths to be in the choice of selections and the introductions penned by the authors. Although the selections are not intended to be exhaustive or comprehensive, the breadth of coverage is impressive. Additionally, the authors place theories within the social context of their development. For instance, background information on political, economic, and social climate is provided alongside a biographical overview of the excerpt’s author.
The collection begins with a historical introduction that summarizes the development of ideas of justice. This includes a concise overview of the development of formal law, definitions of what constitutes crime and justice, views on the judiciary process and punishment, and the role and nature of the government. These topics are explored starting from early societies to the Middle Ages, and through the Renaissance and the Enlightenment period. The importance of this brief overview provided by Panzarella and Vona cannot be understated. Since the Age of Enlightenment, “criminal justice has been viewed as an entirely natural, human creation which should be guided by reason and subject to the collective will of the people” (p. xxxi). An understanding of the ideas and fundamental beliefs expressed during this period of time are required in order to critically grasp contemporary perspectives.
Part 1 – Criminology Masterworks contains selections that represent different perspectives on the causes of criminal behavior. The work of Cesare Beccaria is based on the premise that humans are rational beings. The selection discusses Beccaria’s views on justice, law, torture, and the death penalty thereby capturing the famous maxim: “The certainty of a punishment, even if it be moderate, will always make a stronger impression than the fear of some other punishment which is more terrible but combined with a hope of avoiding punishment” (p. 27). Cesare Lombroso’s “Criminal Man” takes a look at the biological and social factors in crime by adhering to the medical model when arguing that “the born criminal was the most biologically determined and least treatable type of criminal” (p. 33). The implication being that atavistic individuals require imprisonment for their uncontrollable behavior. The authors correctly point out in their article introduction that Lombroso’s biological explanation is a matter of “probability rather than certainty” (p. 36). Finally, like Lombroso, Shaw and McKay rejected the notion of free will as a determinant of criminal behavior. I was particularly pleased to see the author’s highlight the lesser known influences on their work such as culture conflict theory. Shaw and McKay’s seminal work examined the distribution and community variation of juvenile delinquency rates in Chicago. The excerpt captures their main conclusion that transitional zones “are low income areas, where delinquency has developed in the form of a social tradition inseparable from the life of the local community” (p. 78).
Part 2 – Legal Studies Masterworks includes works that cover the historical development of law, legal precedent, and statute. William J. Chambliss adopts a Marxist approach in a study of the relationship between law and society by raising questions about the origins and purposes of law. In short, powerful interest groups can control the lawmaking process in order to further their own interests. Chambliss argues that “status groups determine the content of law” versus the common perception that “the law is simply a reflection of public opinion” (p. 110). Oliver Wendall Holmes, Jr. suggests that laws should be created by the legislature and not judges thereby arguing for statutory law versus case law. The role of the judge is in the application and not the creation of law. This selection is highly appropriate as Holmes is seen as the father of legal realism which espouses the viewpoint that the laws should reflect society’s needs (i.e. a pragmatist approach). The problem raised by Holmes in this excerpt is the illogical nature of law. “The truth is, that the law is always approaching, and never reaching, consistency” (p. 133). Finally, the last selection by Felix Frankfurter follows in Holmes’ steps by attempting to guide judges and lawyers in the interpretation of common law and statutes. This selection raises the important question we should consider: Do we really want rules for interpretation? In concurrence with Holmes, Frankfurter advocates that laws “should come from those chosen to legislate, and equipped to devise policy, as courts are not” (p. 159).
Part 3 – Police Studies Masterworks reviews not only the history of paramilitaristic and community policing but a fairly representative range of topics including police solidarity, misuse of force, the professionalization movement, and the police as both individuals and organizations. William Westley was the first to systematically examine the activities of the patrol officer and their perceptions of their work. Influenced by functionalism, Westley found that “there is a somewhat standard police subculture characterized by distinctive norms, attitudes, and practices which can be found in most police departments” (p. 174). His research is particularly relevant today due to the excerpt dealing with issues such as the rules of conduct, morality, secrecy, police power, use of discretion, and legitimations for action. The work of Robert M. Fogelson finds that big city policing is characterized by anonymity and shaped by class and ethnic factors. Much of police respect is closely tied to the concept of professionalization. Thus, this excerpt is timely with its review of the business, professional, and community policing models. Also with contemporary relevance is the piece by Herman Goldstein which outlines his philosophy of policing and the concept of problem oriented policing. Today’s community policing model is based quite heavily on the ideas expressed in this excerpt on police accountability and the role of the police within the government of a city or town. Goldstein argues that policing in a democratic society involves three elements: (i) accountability for all police activities; (ii) public participation in the scrutiny of police activities, and (iii) political accountability of the police (see pp. 239-243).
Finally, Part 4 – Correctional Studies Masterworks provides a history of the philosophy of punishment. Tasked with reforming prisons in France, Gustave de Beaumont and Alexis de Tocqueville visited America to conduct a detailed case study of penitentiaries. The question raised in this excerpt is whether prisons are a suitable environment for reforming a typical offender? In this case, reform constitutes “solitude imposed on a criminal in order to induce him to reform through reflection” (p. 262). Not to be forgotten, the development of the community corrections alternative of probation is captured in an excerpt from the first unofficial probation officer, John Augustus. Here the question addressed is what type of people are the most suitable for probation and what strategies can be employed for reform. According to Augustus, “reform did not mean merely refraining from criminal activity: reform involved commitments to work and family” (p. 282). Lastly, Donald Clemmer discusses the effects of imprisonment or, stated differently, the extent of prisonization. Thus, this excerpt looks at the impact of prisons on prisoners, the goals of prisons, and the possibilities for reform. In short, “what the prison does to them depends upon the degree to which they become assimilated [to the prison culture]” (p. 315).
As can be seen, the scope of this compilation and the appropriateness of the selections are exemplary. Decisions must always be made what is included or excluded in a book of this nature. Panzarella and Vona have done an admirable job of providing a compilation that lays the philosophical and empirical grounding required to understand contemporary aspects of criminology, legal, police, and correctional studies. Each part is a cohesive whole which in combination provides thorough coverage of the subject matter and ample material for critical thinking. This exemplary book would be an ideal choice for those requiring a theoretical introduction at the graduate level as well as for faculty and criminal justice professionals seeking broad coverage of these topics.
JENNIFER L. SCHULENBERG
Sam Houston State University |
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