History of crime and criminal justice in America

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Course

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From a historical perspective, crime in America was fueled by several factors. During the early

centuries, crime was viewed as either “ordinary” or “extraordinary". Either way, both ordinary

and extraordinary crimes can change the way in which the criminal justice system operates. The

definition of crime is what has shaped how the criminal justice system responds to crime. The

political, social, and economic factors influenced each era shaping the patterns of crime and the

criminal justice system. All three factors exerted a profound influence on crime. Crime and

punishment in America have evolved due to political, social, and economic factors that have

realty influenced the American judicial system.

For a long time, criminal justice system carries out its duties based on how society react or not

react to crime. For examples, the outcome of several cases has influenced how the law

enforcement agencies enforce certain laws1. One of the major social factors that increased the

rate of crime in America was the massive migration across the Atlantic Ocean, which occurred

during the colonial era. Immigrants arrived in America to escape religious persecution2. In

contrast, other immigrants came to America to establish the English authority in the newly

formed world. Europeans who settled in America brought the English rule and laws, changing

many laws to suit their needs.3 Thus, the American justice system relied heavily on the

Decalogue laws4. The crime was not a severe problem during the colonial era due to strict social

1
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 1, pg 12.
2
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 32 .
3
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn and
Bacon, 2006. Chapter 3, pg 33.

4
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 33.
 2

control within the communities. Churches, families, and local gatherings acted as a control

measure to exert pressure on people to conform to the societal norms.

“Ordinary” crimes such as murder, rape, robbery, and burglary were not common in the early

1600s.5During the first half-century of the colonial era, ordinary crimes included gambling,

adultery, abortion, prostitution and illegal liquor6. The crime was defined based on specific

attitudes during specific eras. Thus, during the seventeenth century, “ordinary” crimes were

fornication and drunkenness7. All these criminal behavior were viewed as a sin, not a crime. This

entire attitude towards crime change during the second half of the colonial era, what was

considered a sin turned to be ordinary crimes, crimes like as rapes, robberies, and murder were

rare.8

The most “extraordinary” crime that turned out to be “ordinary” during the colonial era was

slavery. Slavery was defined differently. In the early centuries, captured slaves were offered free

labor but their status was indeterminable9. Thus, slavery owners abused the practice making most

black Africana slaves in life bondage. This was different from the common understanding

whereby slaves were to be freed after offering free labor for a specified period. Slavery became a

5
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn and
Bacon, 2006. Chapter 3, pg 31.
6
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 34.
7
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn and
Bacon, 2006. Chapter 3, pg 32.
8
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn and
Bacon, 2006. Chapter 3, pg 30.
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn and
Bacon, 2006. Chapter 3, pg 32.
9
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 32.
 3

custom, and British law permanently made slavery a normal practice. According to law, slaves,

and Indians were suspects10.

Religion played a significant role in determining crime; the council of elders determined the

guilty and innocent, with most courts held by kings or local religious groups. One of the notable

“extraordinary” crimes during the colonial era was the Salem witchcraft. Salem witchcraft trial in

1692 in Massachusetts reveals how the justice system responded to societal concerns11. Some

young girls who acted hysterically were accused of witchcraft, an act that was later blamed on an

Indian slave. Witchcraft became a punishable crime in America.12

The American primal justice system evolved through the adaptation of English law, through the

local laws and religion. Initially, Decalogue laws were the foundation for colonial laws, as time

progressed; local leaders were replaced by clergymen who delivered justices using written codes

of legislation that replaced the bible laws13. However, crime was defined based on the bible

definitions of sin. Several European escaped to America, integrating with the locals. Thus, there

was no clear distinction between ordinary crimes and sin. As a result, adultery, sodomy,

witchcraft, idolatry, blasphemy, and bestiality were considered as capital crimes that could only

be punished by death14. Massachusetts followed strict religious orthodoxy, thus in 1648, the laws

and liberties o Massachusetts banned Anabaptist.15

10
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 33.
11
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 33.
12
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 33.
13
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 38.
14
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 38.
15
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 34.
 4

American population increased with time becoming more diverse. This diversity contributed to

the rise of crimes. Strict laws discriminated against certain groups of people like slaves and

Indians, causing tension. The increasing numbers of people migrating to America made crime a

severe problem. The crime was no longer categorized as ordinary or extraordinary. Crime

became sophisticated as offenses such as highway robberies, rape, assault, murder,

housebreaking, burglaries were common16.

In response to frequent protests and crime, wards, constables and sheriffs were introduced to

monitor crime. The king's government adopted specific ways of punishment to deter crime.

Corporal punishment and public displays of criminals were common ways of administering

punishment. Slaves were severally punished than any other groups of people17. The criminal

justice system in America was not well equipped to handle the social problems that existed

during the colonial period. Colonial America used English common laws to adopt the court

system.

The new court system comprised of the four different sections, starting with the common pleas

court that handled civil cases. The second court was the kings, which was more like a trial court.

The exchequer was the third court handling revenue collection and the high court that handled all

the cases from other courts. All these courts derived their authority from the king. During the

Colonial era, the was no application of direct British system of punishment, instead, each colony

applied punishments differently.18 Punishment admitted by each court depended on how the

16
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 4, pg 45.
17
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 37.
18
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 39.
 5

English code of law was translated. According to England laws, punishment for petty crimes

consisted of corporal punishment administered in public places to deter crime19. One of the

common punishments was whipping. Other included confinement and branding. Most crimes

ended in confinement in the village square for certain hours or days20. This was one of the most

painful and humiliating ways of deterring crime. Villagers threw spoiled vegetables at the

accused. Although whipping was used among many England colonies, sticks and pillories

became the most common corporal punishment during the colonial era21.

The prevailing economic and social activities necessitated the new change, and methods used in

the earlier centuries to punish crime became obsolete. Due to increasing cases of property

crimes, such as robbery ,stealing that could no longer be punished through executions 22.Thus,

the judicial systems adopted the modern method, whereby magistrates determined criminal

cases23. Cases of a felony were heard by a jury and trial during the eighteenth century included

citizens gathering on court days in front of grand juries. The juries determined the final

disposition, including punishment for each individual.24

19
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 36.

20
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 3, pg 39.

Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
21

and Bacon, 2006. Chapter 2, pg 25.

22
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 4, pg 48.
23
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 4, pg 36.

Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
24

and Bacon, 2006. Chapter 2, pg 26.

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During the Jackson era, punishment took a new direction with issues such as crime; poverty and

insanity were redefined as a social problem. Thus, the prison was introduced as a correctional

institution to address crime as a social problem. For example, the murder of Robert 'Bobby'

Franks proves that capital punishment was no longer necessary. Instead, Nathan Leopold and

Richard Loeb who were responsible for the murder were sentenced to life imprisonment25.

Political forces became the main driver toward the institutionalization of offenders as the

government took the responsibility of addressing crime26.

The political, social, and economic factors greatly influenced crime in each era shaping the

patterns of crime and the criminal justice system. What was defined as “ordinary” or

“extraordinary” crime later became more complex due to three factors that exerted profound

effects on crime and the whole judicial justice system operations during the past era and even

today.

Bibliography

Levin, Meyer. "Compulsion. 1956." New York: Carroll and Graf (1996).

Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America.
Pearson/Allyn and Bacon, 2006.

25
Levin, Meyer. "Compulsion. 1956." New York: Carroll and Graf (1996).

26
Oliver, Willard M., and James F. Hilgenberg. A history of crime and criminal justice in America. Pearson/Allyn
and Bacon, 2006. Chapter 4, pg 49.