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NCJ Number: 65654 Find in a Library
Title: LAW, PROCEDURE, AND PUNISHMENT IN EARLY BUREAUCRACIES
Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE  Volume:25  Issue:2  Dated:(1934)  Pages:225-44
Author(s): C W MACLEOD
Corporate Author: Williams and Wilkins Co
United States of America
Date Published: 1934
Page Count: 20
Sponsoring Agency: Williams and Wilkins Co
Baltimore, MD 21202
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: THIS PAPER CONTRASTS THE PENOLOGY OF PRIMITIVE SOCIETIES IN NORTH AMERICA, SPECIFICALLY THOSE OF THE EASTERN BUREAUCRACIES WITH THE FEUDAL AND ANARCHIC WEST COAST PEOPLES, FOCUSING ON THE CUSTOMS OF THE FORMER.
Abstract: CHARACTERISTICS OF THE TWO NORTH AMERICAN GROUPS ARE CONTRASTED IN GENERAL TERMS. THIS DELINEATION SHOWS THAT THE PARANOID-PECUNIARY PEOPLES OF THE NORTHWEST DID NOT HAVE STATE INVOLVEMENT IN MATTERS OF LAW, OFFENSE, OR PUNISHMENT: THEIR PUNISHMENT WAS NOT CEREMONIALIZED, NOR WAS IT CONCEIVED OF AS EXPIATION OR SOCIAL PREVENTION, BUT RATHER AS RETALIATION AND SOCIAL DEFENSE. NO EXTENUATING CIRCUMSTANCES WERE EVER TAKEN INTO ACCOUNT. THE BUREAUCRATIC PEOPLES OF THE EAST COAST, HOWEVER, HAD A SYSTEM IN WHICH THE STATE INTERVENED TO PREVENT PRIVATE RETALIATION AND INVESTIGATED, PROSECUTED, JUDGED, AND PUNISHED OFFENDERS. MOREOVER, THEIR SYSTEM PUBLICLY CEREMONIALIZED PUNISHMENT AIMING AT SOCIAL PREVENTION, AND TOOK INTO ACCOUNT EXTENUATING CIRCUMSTANCES WHEN EXPIATING OFFENSES. EVEN MORE STRIKING THE NORTHWESTERN PEOPLES RECOGNIZED ONLY OFFENSES AGAINST PERSONS, WHILE THE EASTERN BUREAUCRACIES CLASSIFIED OFFENSES AS THOSE AGAINST THE STATE AND THOSE AGAINST PERSONS. REGIONAL DIFFERENTIATIONS FOR BOTH GROUPS ARE POINTED OUT. IT IS CONTENDED THAT THE PATTERNS OF THE STATE AMONG THE BUREAUCRATIC PEOPLES ARE THE CONSEQUENCE OF THE MIGRATION OF CULTURES AND PEOPLES INTO NORTH AMERICA FROM CENTRAL AMERICA. ALSO, IT IS EMPHASIZED THAT NO NOTEWORTHY PRESENCE OF PECUNIARY OR PARANOID SOCIAL ATTITUDES EXISTS AMONG THE BUREAUCRATIC PEOPLES, IN CONTRAST WITH THE PSYCHOLOGICAL SET OF THE NORTHWESTERN CULTURES. SPECIFIC CHARACTERISTICS OF EASTERN TRIBES ARE CONSIDERED FOR THE CREEKS, THE CHOCTAW, THE CHICKASAW THE HURON, AND THE ALGONKIAN PEOPLES. INCLUDED ARE TOPICS OF LAW AND MURDER, THE DOUBLE SUICIDE-DUEL, CONCEPTIONS OF THEFT, THE VIEW OF VENGEANCE AS THE BLACKEST OF CRIMES JUDICIAL AND POLICE ORGANIZATIONS, AND THE USE OF RITUAL SYMBOLS BY JUDGES AND POLICE. PROCEDURES OF TRIAL, OATHS, WITNESSES, PROSECUTION AND DEFENSE, JUDGES AND JUDGMENT, AND EXECUTION ARE ILLUSTRATED WITH EXAMPLES FROM SPECIFIC TRIBES, AS IS THE INSTITUTIONALIZATION OF A GO-BETWEEN IN DISPUTE NEGOTIATION. FOOTNOTES AND A BIBLIOGRAPHY ARE PROVIDED. SEE NCJ 65648 FOR THE INTRODUCTORY ARTICLE ON THE NORTHWESTERN PEOPLES. (MRK)
Index Term(s): American Indians; Comparative analysis; Northwestern States; Punishment; Reservation crimes; Socioculture; Tribal court system; Tribal history
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65654

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