Martin Alan Greenberg

Renaissance Lawman

The Education and Deeds of Eliot H. Lumbard

• Gebundenes Buch

Produktbeschreibung

Renaissance Lawman details the life, education path, and career choices of Eliot Howland Lumbard -an all too forgotten pioneer of the criminal justice field-and how he helped reform and develop the American Criminal Justice system into what we know today.

Produktdetails

• Verlag: Rowman & Littlefield Publishers
• Seitenzahl: 466
• Erscheinungstermin: 3. Februar 2020
• Englisch
• Abmessung: 235mm x 157mm x 29mm
• Gewicht: 822g
• ISBN-13: 9781538136577
• ISBN-10: 1538136570
• Artikelnr.: 58016726

Autorenporträt

By Martin Alan Greenberg

Inhaltsangabe

Part 1: The Early Years and WW II Service Chapter1. Introduction: An
Overview Few people alive today know about Eliot Howland Lumbard or the
names of those of his associates who worked with him to establish an
academic field that is now taught in thousands of colleges and universities
throughout the world and a number of other substantial projects concerned
with the administration of justice. He never became a judge, elected
official, police commissioner, or college president. Nonetheless, in the
latter half of the 20th century, he was particularly active and received
substantial notoriety for his crime control programs during the late
fifties, the sixties and early seventies. Moreover, his achievements are
all the more remarkable because his formative years showed little
indication of his future pursuits in the fields of justice administration
and policy formation. It is an unfortunate fact that Lumbard's official
appearance on this stage was so brief since many of his areas of concern
still plague our system of justice. This chapter traces significant
American historical and political events leading-up to the period oftin1e
when Lumbard took center stage pursuing New York's criminal justice
policy-making during the mid-1960s. An overview of Lumbard's career is
presented as well as brief sketches of earlier reformers, including Asser
Levy, Rev. Charles Henry Parkhurst, and August Vollmer. Chapter
2.Growing-Up in Fairhaven, Massachusetts Lumbard grew up during the late
twenties and thirties. It was the era of the Great Depression, but Eliot's
dad was able to earn a living as a foreman in nearby factories. It was also
the age before television when radio listening was a major pastime. His
hometown of Fairhaven is located in a waterfront area surrounded by small
inlets and river coves with outlets to the sea, the perfect landings for
the fast motor-crafts favored and used by rumrunners and bootleggers in the
era of Prohibition which ended in 1933. Lumbard's family owned a 25 foot
catboat whose distinguishing feature is an enorn1ous sail that is attached
to a high mast in the bow of the boat. During his legal career, and towards
the end of his life, seafaring and maritime law was to play major roles in
his life. His brother Roger, five years older than Eliot, was an avid
sailor, but at age 17 died in an accident in a laboratory at the New
Bedford Textile School while engaged in a chemistry experiment. This event
traumatized Lumbard's mother and was a severe blow for young Eliot who
idolized his brother. The brothers had a passion for making model boats,
that would be mounted and displayed cut lengthwise and Eliot had an early
love for boyhood adventure books which he shared with other children in his
neighborhood by organizing his own lending library. The chapter includes
information about Eliot's ancestor John Howland. The latter was a distant
relative on his mother's side who was born about 1599 and came on the
Mayflower in 1620 as an indentured manservant of John Carver, Plymouth
Colony's first elected governor. Eliot's mother was interested in genealogy
and named her youngest son after John Alden and bestowed the nan1e
"Howland" as Eliot's middle name. Other topics covered include details
concerning the beautiful architecture of Fairhaven's high school and
library. These splendid public facilities came into being due to Henry
Huttleston Rogers, the town's wealthiest and most illustrious citizen and
benefactor who made his fortune in the oil refinery business, becoming a
leader at Standard Oil. Such surroundings may have contributed to Lumbard's
desire to become a published author. Chapter 3. Merchant Marine Officer
Training This chapter provides an overview of merchant marine officer
training at the U.S. Merchant Marine Academy at Kings Point, New York,
during peacetime and wartime as well as the nature of the emergency
shipbuilding program that was established during World War II. It
highlights Lumbard's experience as a cadet in the abbreviated wartime
Academy program. Discussion also centers on various historical points
related to the period such as: the importance of "Liberty ships;" the
significance of the Morro Castle disaster in 1934; the litigation involving
whether active merchant marine service during the period December 7, 1941
to August 15, 1945 qualified U.S. merchant seamen for the purposes of
benefits administered by the Veterans Administration (VA); as well as the
nature of the Seamen's Act of 1915,abolishing imprisonment for desertion on
American ships anywhere at sea. The law required the U.S. to abrogate
treaties that allowed the practice and helped drive up wages around the
globe, leading foreign ship owners to pay American pay scales to replace
crews that quit in U.S. ports. Chapter 4. Midshipman and Merchant Marine
Ship's Officer In this chapter the various voyages undertaken, usually in
convoys, by Lumbard as part of his midshipman training are narrated. His
first training cruise assignment was undertaken in early October 1943 when
he reported to the United States Army Transport (USAT) Thomas H Barry, the
former Oriente, the sister ship of the Morro Castle. This chapter also
includes information about how Lumbard earned his Second Mate's rating
while his ship was anchored off the city of Seattle and various facts about
the history of the U.S. Merchant Marine Academy (located at Kings Point,
NY); for example, that it is the only institution among the nation's five
federal service academies to be authorized to carry a "Battle Standard
Pennant" as part of its color guard. The "Battle Standard" perpetuates the
memory of the 142 Cadet-Midshipmen who died during World War II. Kings
Point is the only federal academy that sent its students into "harm's way"
during their training. Chapter 5. Pursuit of Higher Education and Family
Life Lumbard had available very limited funds to pay for his educational
expenses at the University of Pennsylvania's Wharton School in
Philadelphia. He took on a variety of odd jobs to pay his expenses and
condensed his studies into three years. At Penn, he joined a fraternity and
washed the dishes for sixty frat brothers at lunch and dinner in exchange
for his room and board. While an undergraduate student, Lumbard also sold
life insurance, became a professional blood donor, modeled for Army
recruiting posters, sold fme upholstery, and supervised college parking
lots. He even agreed to participate in a drug texting arrangement in
exchange for medical care. At that time, merchant marine veterans did not
qualify under the Gl Bill for any benefits. At the same time, Lumbard's
personality made him quite popular on campus and he was elected president
of his freshman class. Part II: Criminal Justice Public Service Chapter 6.
Federal Prosecutor The chapter provides initial details regarding the start
of the nuclear age and the efforts of Senator Joseph McCarthy to root out
Communists in the U.S. Government. In this atmosphere, Lumbard undertook
the role of an assistant federal prosecutor in order to obtain direct
experience about America's criminal justice system and to gain invaluable
preparation for the private practice of law. However, he had to first learn
if he had passed the tests for admission to the New York State Bar. It was
to be the first in a series of public service appointments involving the
administration of justice. He gained immense experience over a three year
period working on cases under federal Jaw concerning: veterans reemployment
rights claims; Social Security benefits; the Water Pollution Act; taxes
(e.g., IRS, Alcohol Tax Unit); U.S. Customs Service seizures (including
obscene articles); seizures by the Bureau of Narcotics; the Gold Reserve
Act of 1934; and various government contracts. Chapter 7. Chief Counsel
Established from 1958 to 2009, the Temporary State Commission of
Investigation has served as a bipartisan fact-finding agency, investigating
and reporting on organized crime and racketeering, the conduct of public
officers and other matters affecting public peace, safety and justice. The
Commission initially had four commissioners and its main office was in New
York City. Its existence was made contingent on periodic state legislative
renewals (typically, for three years), hence the use of term "temporary" in
its official title. The occurrence of earlier crime investigations and the
details surrounding the discovery of the Appalachian, NY meeting of
organized crime bosses are examined. In addition, reference is made to the
work of the U.S. Senate's Kefauver Committee which traveled to fourteen
cities during 1950 and 1951, compiling voluminous amounts of testimony.
Lumbard was appointed the Commission's first chief counsel and he played a
large role in establishing the staff of the Commission and organizing its
first office as well as developing its earliest cases.· Chapter 8. The
Governor's Representative: Part One In this chapter Lumbard's efforts to
develop a more efficient system of factual interchange among the various
stakeholders concerned with crime control issues is addressed. The School
of Criminal Justice at the University of Albany did this through the
development of a graduate level curriculum (known as the "Albany Model") as
well as the subsequent research produced by its faculty and alumni. While
on Rockefeller's staff, Lumbard proposed the creation of a School of
Criminal Justice, eventually established at the State University of New
York in Albany. He brought the major stakeholders together in this endeavor
and shepherded their efforts to bring it into being. The day to day
struggles to create the first dedicated doctoral level program in the field
of criminal justice is unraveled, demonstrating how Lumbard was involved in
every aspect of the planning for the creation of the school. Ultimately,
its creation paved the way for the field of criminal justice to be
recognized as a stand-alone academic discipline, rather than merely as a
subdivision of criminology or public administration. In addition, Lumbard
also led the effort for the establishment of the New York State
Identification and Intelligence System (NYSIIS), including meeting with
experts on the West Coast. NYSIIS soon became a model for how best to use
computer technology for sharing information about criminal histories and
activities. NYSIIS brought law enforcement information sharing into the
computer "age. His efforts to create both institutions are considered in
detail. Chapter 9. The Governor's Representative: Part Two This chapter
explores the events surrounding and the discussions which took place when
Lumbard convened and chaired meetings of the Oyster Bay Conferences on
Organized Crime. The meetings were of such importance to national security
that a Central Intelligence Agency (CIA) operative quietly observed the
proceedings. The day to day and behind the scenes activities of Lumbard are
explored as he continues to expand upon his initial job mandate and how
soon he became recognized as the governor's primary representative and
advisor for crime control matters. Emphasis focuses on Lumbard's
fan1iliarity with the issues concerning organized crime enforcement and his
initiation and coordination of the series of meetings known as the "Oyster
Bay Organized Crime Conferences." There were a total of six Oyster Bay
conferences. The Sixth Conference was organized by the new School of
Criminal Justice at Albany after Lumbard had been forced out of the
Rockefeller Administration. The conferences held at Oyster Bay in Long
Island, New York, contributed to the formation of a federal task force on
organized crime in President Johnson's Commission on Law Enforcement and
Administration of Justice. The chapter concludes with a section about the
task force and provides some of the facts surrounding Lumbard's departure
from his "part-time position" as the Governor's Speci.al Assistant Counsel
for Law Enforcement. The period is the spring of 1967 and Lun1bard's
leave taking was decidedly unceremonious. Part III: Post-Executive
Chamber Pursuits Chapter 10. A Crime Control Book Project In the turbulent
sixties, crime seemed to be on everyone's minds. This was especially true
of President Lyndon Johnson. One of President Johnson's earliest
initiatives concerned crime and his singular achievement was the
establishment of the President's Commission on Law Enforcement and the
Administration of Justice (often referred to simply as "the President's
Crime Commission"). Lumbard was well aware of the work of the Commission,
having been appointed to one of its task forces while stiJI working in
Rockefeller's Administration. This chapter highlights the steps undertaken
by Lumbard to comply with edits of his publisher and when the process
dragged and deadlines passed by, the inevitable happened. His efforts were
found wanting and ultimately his various efforts to find an alternative
publisher were stymied. The give and take of these efforts is chronicled
including the critiques he received from various editors, especially the
editor in chief at Harper & Row, Evan Thomas. The chapter also concludes
the narrative of why Lumbard resigned his position in the Rockefeller
Administration. He had no choice since he was told to do so by
Rockefeller's chief counsel, Robert (Bobby) Douglass, who was acting on
behalf of Governor Rockefeller. Additionally, some attention is given to
the main reason why Lumbard's idea for a Department of Crime Control failed
to be approved by the State of New York's 1967 Constitutional Convention.
Chapter 11. The New York City Police Foundation In a variety of ways, the
origins of the independent New York City Police Foundation, Inc. (NYCPF)
are rooted in the history of policing. In the U.S., policing during the
latter half of the nineteenth century and into the twentieth was, at times,
particularly corrupt and it was not uncommon to discover that many local
governments were steeped in illegal activities. Payoffs for police to look
the other way were a matter of routine. In New York City, it became
necessary to establish the Commission to Investigate Alleged Police
Corruption (known informally as the Knapp Commission, after its chairman
Whitman Knapp). It was a five-member panel initially formed in April 1970
by Mayor John V. Lindsay to investigate corruption within the New York City
Police Department. Community support for policing was thrown into tatters
by the revelations of the Knapp Commission's sensational hearings.
Lumbard's concern and his working knowledge of police conuption gained
while serving as chief counsel for the State Investigation Commission
inspired him to undertake the necessary steps to create the NYCPF and to
achieve its incorporation as a non-profit organization in New York State by
November 1971. This chapter reveals for the first time how Lumbard with the
assistance of attorney Richard M. Estes was able to work with Patrick
Murphy, the city's police commissioner and recruit the necessary board
members so that an ethical alternative would be available for persons
freely desirous of contributing to local public safety initiatives. Later,
Murphy would head up a national police foundation, through the generosity
of the Ford Foundation. A wide range of funded NYCPF projects are
summarized as well as some criticism of its work. Lumbard actively served
as a director or trustee of the NYCPF for more than two decades. Chapter
12. Teaching at John Jay College In the second half of the 1970s, Lumbard
became seriously interested in a possible career in college administration
and teaching. Previously, Lumbard had worked as a part-time lecturer at the
New York University Law School from 1963-1965. In addition, he occasionally
served as an Adjunct Professor of Law and Criminal Justice at John Jay
College of Criminal Justice from 1975-1985. Whether his motivation for
working at John Jay College was intentional or accidental is somewhat
uncertain since his first teaching duties at the college came about on the
eve of a proposal to close the John Jay College of Criminal Justice. The
college is one of several branch campuses of the City University of New
York. Certainly, Lumbard was no stranger to the academic world having
already earned three college degrees and having spent years working towards
the creation of the State University of New York's School of Criminal
Justice at Albany. This chapter explores: the history of John Jay College
of Criminal Justice; how and when the college was saved from closure: and
the activities and efforts Lumbard undertook to teach his graduate level
courses. Due to his network of contacts, Lumbard was able to routinely
invite a variety of high level criminal justice practitioners to his
classes dealing with public policy making in the field of crime control.
Chapter 13. Crime Control Consultant Lumbard undertook an extraordinary
assignment in the spring of 1968--the reform of the criminal justice system
in the state of New Jersey. His efforts in this regard are explained.
Lumbard was hired as a fifty dollar an hour chief criminal justice
consultant to the newly established "Special Joint Legislative Committee to
Study Crime and the System of Criminal Justice in New Jersey." The
Committee was established by law on a temporary basis and chaired by Edwin
Forsythe. In the fall of 1968, Lumbard resumed his efforts and served as
counsel to the New Jersey Senate Committee on Law, Public Safety and
Defense. The most significant recommendations resulted in the creation of a
state-level Division of Criminal Justice under the control of the Attorney
General, and the establishment of an independent Commission of
Investigation. The Division was empowered to conduct and supervise criminal
investigations and prosecutions. The Commission, meanwhile, was designed to
conduct fact-finding investigations, bring the facts to the public's
attention, refer findings to appropriate law enforcement agencies for
possible prosecution and make recommendations to the Governor and the
Legislature for improvements in laws and in the operations of government.
Ten years later, Lumbard's law firm (Lumbard and Phelan) was retained for
advice regarding the organization of a new non-profit corporation to be
known as "the Citizens Crime Commission of New York City.'' In 1978, the
process of incorporation involved the same types of efforts undertaken to
incorporate the New York City Police Foundation. Chapter 14. Legal Practice
and in the Matter of Roy M. Cohn Lumbard's full potential in civil law
practice was not realized until after the era of the '60s had ended. The
types of cases which Lumbard dealt with in his private practice are
summarized and the greater part of these involved his work as a litigator
in maritime law cases and as a trustee in large and complex bankruptcies.
Lumbard played a significant role in the lengthy disbarment proceedings of
the mid-1980s concerning Roy Cohn. Cohn's legal troubles drew national
attention, when in an unusual and rare action, the five-Judge panel of the
Appellate Division tribunal decided to release the voluminous pages of
Lumbard's hearing panel nearly a year before the fmal decision was made
regarding Cohn's disciplinary case. Typically, disciplinary proceedings are
kept confidential, but a lawsuit was initiated by The New York Times and
The Daily News for the release of information. In justification of its
decision the court concluded that Cohn had in effect waived his right to
confidentiality by publicly accusing the court-appointed disciplinary
hearing committee of which Lumbard was a member of "having been constituted
of incompetents who prosecuted him for a political purpose, upon meritless
charges, with the intent of 'smearing' him" (Simon 2005). Part IV: More
Literary Pursuits: Failure and Success Chapter 15. World Criminal Justice
Systems Wartime service as a world mariner, specific concerns regarding
threats from the nations under communist rule, and professional knowledge
of international commerce and affairs, probably contributed to Lumbard's
readiness to consider a new venture in publishing involving international
justice systems. This chapter considers the second serious attempt by
Lumbard to add to the formation of the criminal justice education canon. An
opportunity arose to advance a reference book idea which would require the
services of research assistants when Lumbard happened to meet Dr. Philip J.
Stead at a John Jay College event. Within a very short time, Lumbard had
prepared a preliminary outline, indicating that the proposed work would
also include: definitions of key terms; a general bibliography; maps; and
various appendices such as a United Nations docwnent entitled Proposed Code
of Ethics for Law Enforcement Officials. The planned book was tentatively
entitled World Criminal Justice Systems. Chapter 16. Merchant Marine
History Project The maritime industry as a whole is much more than the
deep-sea merchant fleet. Ever since his World War II experiences as a
Cadet-Midshipman, Lumbard had continued his steadfast interest in this
field by having specialized in maritime law and by maintaining ties to the
alurrmi association of the U.S. Merchant Marine Academy as well as the
Academy's museum. This chapter also considers Lumbard's views on America's
maritime policies, the status of the American maritime industry, and its
history including the unsuccessful attempt by President Eisenhower to
introduce atomic-powered shipping to the American commercial fleet which
began with the construction and voyages of the NS Savannah, the first
nuclear-powered cargopassenger ship. Chapter 17.The Legacy of a
Renaissance Lawman Lumbard had a unique ability to bring together
knowledgeable and successful business and public figures in order to
establish a variety of new intuitions and in one final instance a team to
prepare a series of volumes devoted to the maritime industry. Time and
again he demonstrated this trait in the interests of public safety and a
more stable society. While not all of his goals were fulfilled, especially
with regard to criminal justice literary works, near the end of his life he
harnessed all of his strength to retwn to his first college in order to
pursue the publication of works devoted to the unsung heroes of the
merchant marine. This chapter briefly summarizes Lumbard's contributions in
crime control and on behalf of the maritime services. It also provides
several new details regarding his involvement in the organized crime
conferences held at Oyster Bay, Long Island as well as his establishment of
a scholarship at the University at Albany. Hopefully, this retelling of
Eliot Lumbard's public service activities and those of a few of his
generation whom he encountered along the way may serve to inspire other
persons to engage in similar good deeds.