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1 6 T H E DITIO N
THE AMERICAN SYSTEM OF

CRIMINAL JUSTICE
G E O RG E F. CO LE
University of Connecticut
C H RIS TO PHER E. SM ITH

Michigan State University
C H RIS TIN A D EJ O N G
Michigan State University
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Sixteenth Edition
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Print Number: 01 Print Year: 2017
ABOUT THE AUTHORS
The late George F. Cole, Ph.D., was Professor Emeritus of

Political Science at the University of Connecticut. A specialist in
the administration of criminal justice, he published extensively
on such topics as prosecution, courts, and corrections. George
Cole was also coauthor with Christopher Smith and Christina
DeJong of Criminal Justice in America, coauthor with Todd
Clear, Michael Reisig, and Carolyn Petrosino of American
Corrections, and coauthor with Marc Gertz and Amy Bunger
of The Criminal Justice System: Politics and Policies. He
developed and directed the graduate corrections program at
the University of Connecticut and was a Fellow at the National
Institute of Justice (1988). Among his other accomplishments,
he was granted two awards under the Fulbright-Hays Program to conduct criminal justice
research in England and the former Yugoslavia. In 1995, he was named a Fellow of the
Academy of Criminal Justice Sciences for distinguished teaching and research.
Trained as a lawyer and social scientist, Christopher

E. Smith , J.D., Ph.D., is Professor of Criminal Justice at
Michigan State University, where he teaches courses on criminal
justice policy, courts, corrections, and law. He holds degrees
from several universities, including Harvard University and the
University of Connecticut. In addition to writing more than
110 scholarly articles, he is the author of 25 books, including
several other titles with Cengage Learning: Criminal Procedure;
Law and Contemporary Corrections; Courts, Politics, and the
Judicial Process; The Changing Supreme Court: Constitutional
Rights and Liberties with Thomas R. Hensley and Joyce A.
Baugh; Courts and Public Policy; Politics in Constitutional
Law; and Courts and the Poor.
Christina DeJong, Ph.D., is Associate Professor of Criminal

Justice at Michigan State University. She earned her degrees
at the University of Texas and the University of Maryland. At
Michigan State, she is a noted researcher and award-winning
teacher for a variety of criminology topics, including recidivism,
violence against women, police–community relations, and
genocide. She is the coauthor of The Supreme Court, Crime,
and the Ideal of Equal Justice and numerous articles in such
journals as Justice Quarterly, Criminology, Women and
Criminal Justice, and Violence and Victims.
iii
BRIEF CONTENTS
PART 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1

1 Crime and Justice in America 2
2 Victimization and Criminal Behavior 52
3 The Criminal Justice System 94
4 Criminal Justice and the Rule of Law 146
PART 2 POLICE 195

5 Police 196
6 Police Officers and Law Enforcement Operations 244
7 Policing: Contemporary Issues and Challenges 292
8 Police and Constitutional Law 344
PART 3 COURTS 385

9 Courts and Pretrial Processes 386
10 Prosecution and Defense 424
11 Determination of Guilt: Plea Bargaining and Trials 468
12 Punishment and Sentencing 510
PART 4 CORRECTIONS 555

13 Corrections 556
14 Community Corrections: Probation and Intermediate Sanctions 614
15 Incarceration and Prison Society 648
16 Reentry into the Community 702
PART 5 THE JUVENILE JUSTICE SYSTEM 739

17 Juvenile Justice 740
iv
CONTENTS
PA RT 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1

The Crime Problem Today 36
1 CRIME AND JUSTICE IN AMERICA 2 The Worst of Times? 36
The Most Crime-Ridden Nation? 38
The Main Themes of This Book 5
Keeping Track of Crime 40
Crime and Justice as Public Policy Issues 8
Trends in Crime 45
Evidence-Based Practices 9
A QUESTION OF ETHICS 49
EVIDENCE-BASED PRACTICE AND POLICY:
The Challenges of Evidence-Based Practice: Summary 49
Quality of Information and Implementation 10
The Role of Public Opinion 10
Contemporary Policies 11
2 VICTIMIZATION
BEHAVIOR 52
AND CRIMINAL
Crime and Justice in a Democracy 12
Crime Control versus Due Process 12 Crime Victimization 55
The Politics of Crime and Justice 14 Who Is Victimized? 55
CLOSE UP: New Directions for Crime Policy in the Trump CRIMINAL JUSTICE AND THE RISK OF
Administration 16 MISINFORMATION: Social Media, Perceptions of Crime,
Citizens and Criminal Justice Policy 18 and Responsibility for Sharing Information 60
CRIMINAL JUSTICE AND THE RISK OF Acquaintances and Strangers 62
MISINFORMATION: The Challenge of Identifying Facts Recurring Victimization 64
Amid a Flood of Information 18 INSIDE TODAY’S CONTROVERSIES: Debates about the
Defining Crime 21 Federal Violence Against Women Act 64
CIVIC ENGAGEMENT: Your Role in the System 21 The Impact of Crime 66
INSIDE TODAY’S CONTROVERSIES: Criticism of Justice TECHNOLOGY AND CRIMINAL JUSTICE: Hacking of
System Officials: Improper or Useful? 22 Customer Data 66
CLOSE UP: Victimization of the Elderly 68
Types of Crime 24
The Experience of Victims in the Criminal Justice System 71
Visible Crime 24
CIVIC ENGAGEMENT: Your Role in the System 72
Victimless Crimes 25
EVIDENCE-BASED PRACTICE AND POLICY: Victim
Political Crime 26
Services 74
Occupational Crime 27
The Role of Victims in Crime 75
Organized Crime 28
Transnational Crime 29
Causes of Crime 76
Classical and Positivist Theories 77
Cybercrime 31
Biological Explanations 78
TECHNOLOGY AND CRIMINAL JUSTICE: Transnational
Cybercrime 32 Psychological Explanations 80
CIVIC ENGAGEMENT: Your Role in the System 35 Sociological Explanations 82
vi Contents

Life Course Explanations 85
Women and Crime 87
4 CRIMINAL JUSTICE
AND THE RULE OF LAW 146
Assessing Theories of Criminality 90
Foundations of Criminal Law 149
Substantive Law and Procedural Law 149
Summary 91 CIVIC ENGAGEMENT: Your Role in the System 150
Sources of Criminal Law 150
3 THE CRIMINAL JUSTICE SYSTEM 94 Felony and Misdemeanor 153
Criminal versus Civil Law 155
The Goals of Criminal Justice 99
Doing Justice 99
Controlling Crime 100 Substantive Criminal Law 157
EVIDENCE-BASED PRACTICE AND POLICY: Evidence-
Seven Principles of Criminal Law 157
Based Practice and Public Surveillance 100 Elements of a Crime 159
Preventing Crime 101 TECHNOLOGY AND CRIMINAL JUSTICE: Posting
on Social Media: Distinguishing Threats from Free
Expression 160
Criminal Justice in a Federal System 102 Statutory Definitions of Crimes 160
Two Justice Systems 102
Responsibility for Criminal Acts 164
Expansion of Federal Involvement 103
Justification Defenses 165
Criminal Justice as a System 107 Excuse Defenses 167
The System Perspective 107 CLOSE UP: Criminal Intent and the Appropriateness of
Characteristics of the Criminal Justice System 107 Punishment 174
Operations of Criminal Justice Agencies 111 Procedural Criminal Law 174
TECHNOLOGY AND CRIMINAL JUSTICE: Anticipating The Bill of Rights 176
The Future of Technology and Criminal Justice 112 The Fourteenth Amendment and Due Process 176
Police 112 The Due Process Revolution 177
Courts 113 CRIMINAL JUSTICE AND THE RISK OF
Corrections 114 MISINFORMATION: Myths and Reality about the Second
The Flow of Decision Making in the Criminal Justice Amendment 178
System 114 The Fourth Amendment: Protection against Unreasonable
Searches and Seizures 180
Steps in the Decision-Making Process 116
INSIDE TODAY’S CONTROVERSIES: Florida v. Jardines
The Criminal Justice Wedding Cake 119
and The Prospect for Change 180
THE CRIMINAL JUSTICE PROCESS: The State of
The Fifth Amendment: Protection against Self-Incrimination
Michigan versus Christopher Jones 120
and Double Jeopardy 182
Crime and Justice in a Multicultural Society 127 The Sixth Amendment: The Right to Counsel and a Fair
Disparity and Discrimination 127 Trial 183
INSIDE TODAY’S CONTROVERSIES: What I Learned The Eighth Amendment: Protection against Excessive
about Stop-and-Frisk from Watching My Black Son 130 Bail, Excessive Fines, and Cruel and Unusual
Explanations for Disparities 132 Punishments 186
CLOSE UP: Racial Profiling 136 The Supreme Court Today 188
CRIMINAL JUSTICE AND THE RISK OF EVIDENCE-BASED PRACTICE AND POLICY: Debates
MISINFORMATION: Beliefs about Undocumented about Judges’ Capabilities as Policy Makers 190
Immigrants and Crime 140 A QUESTION OF ETHICS 191
Summary 192
Summary 143
Contents vii
PA RT 2 POLICE 195
5 POLICE 196 6 POLICE OFFICERS

AND LAW ENFORCEMENT
The Development of Police in the United
States 199
OPERATIONS 244
The English Roots of the American Police 200 Who Are the Police? 246
Policing in the United States 201 Recruitment 247
CRIMINAL JUSTICE AND THE RISK OF CRIMINAL JUSTICE AND THE RISK OF
MISINFORMATION: Avoiding the Politics of Fear 208 MISINFORMATION: The Importance of Accuracy in
Law Enforcement Agencies 212 Criminal Justice Records and Communications 248
Federal Agencies 213 The Changing Profile of the Police 250
State Agencies 216 Training 254
INSIDE TODAY’S CONTROVERSIES: Training in an Era
County Agencies 216
of Controversy: De-escalation and Use of Force 254
Native American Tribal Police 217
Municipal Agencies 217 The Police Subculture 257
Special Jurisdiction Agencies 217 The Working Personality 257
Police Isolation 259
Police Functions 218
Job Stress 260
Order Maintenance 219
TECHNOLOGY AND CRIMINAL JUSTICE: Chicago’s Police Response and Action 261
Technology-Based Effort to Enhance Law Organizational Response 262
Enforcement 220 Productivity 264
Law Enforcement 221 Delivery of Police Services 266
Service 222 Patrol Functions 266
Implementing the Mandate 222 CIVIC ENGAGEMENT: Your Role in the System 268
Organization of the Police 223 Investigation 268
Bureaucratic Elements 223 Special Operations 272
Operational Units 225 Issues in Patrolling 275
CIVIC ENGAGEMENT: Your Role in the System 225 Assignment of Patrol Personnel 275
The Police Bureaucracy and the Criminal Justice EVIDENCE-BASED PRACTICE AND POLICY:
System 225 Evidence-Based Policing and Patrol 276
Police Policy 226 TECHNOLOGY AND CRIMINAL JUSTICE: Specialized
Everyday Action of Police 228 Software, Information Analysis, and Crime Control 278
CLOSE UP: Should Police Officers Wear Individual Body
Encounters between Police and Citizens 228
Cameras? 282
Police Discretion 229
Community Policing 284
Domestic Violence 229
Police and the Community 231 Crime and the Impact of Patrol 286
The Future of Patrol 287
Based Practices and Issues with Mental Illness 232
Special Populations 232
Policing in a Multicultural Society 233 Summary 288
CLOSE UP: Living Under Suspicion 236
INSIDE TODAY’S CONTROVERSIES: The President’s Task
Force on 21st-Century Policing 238
7 POLICING: CONTEMPORARY ISSUES
AND CHALLENGES 292
Community Crime Prevention 238
CRIMINAL JUSTICE AND THE RISK OF
MISINFORMATION: Erroneous Retweets 296
Policing and New Technology 296
Summary 240
The Challenge of New Crimes 297
viii Contents
TECHNOLOGY AND CRIMINAL JUSTICE: Ransomware: Plain View Doctrine 351

A Threat to Police Departments and Other Organizations 300 TECHNOLOGY AND CRIMINAL JUSTICE: The Public
Investigative Tools 300 Backlash against Police Surveillance Technology 352
Weapons Technology 308 Open Fields Doctrine 352
Homeland Security 311 Plain Feel and Other Senses 353
Preparing for Threats 312 Warrantless Searches 354
CIVIC ENGAGEMENT: Your Role in the System 315 Special Needs beyond the Normal Purposes
Security Management and Private Policing 317 of Law Enforcement 354
Functions of Security Management and Private Policing 318 Stop-and-Frisk on the Streets 357
Private Police and Homeland Security 320 Search Incident to a Lawful Arrest 359
Private Employment of Public Police 321 CLOSE UP: The U.S. Supreme Court and Searches That
Begin with Improper Stops by Police 360
The Public–Private Interface 323
Exigent Circumstances 360
Recruitment and Training 324
Police Abuse of Power 326
Consent 362
Use of Force 326
Automobile Searches 363
INSIDE TODAY’S CONTROVERSIES: Military Equipment
and Local Police 330 Questioning Suspects 366
CLOSE UP: The Police Executive Research Forum’s 2016 Miranda Rules 367
Proposed Principles on Use of Force 332 INSIDE TODAY’S CONTROVERSIES: Miranda Rights for
Corruption 334 Terrorism Suspects 368
The Consequences of Miranda 370
Civic Accountability 336
Internal Affairs Units 337
Based Practices in Identification Procedures 372
Civilian Review Boards 337
Standards and Accreditation 338
The Exclusionary Rule 374
Application of the Exclusionary Rule to the States 374
EVIDENCE-BASED PRACTICE AND POLICY: Police
Officers and Implicit Bias 338 Exceptions to the Exclusionary Rule 375
Civil Liability Lawsuits 340 CRIMINAL JUSTICE AND THE RISK OF
MISINFORMATION: Good Faith, Errors, and the Shrinking
of Protection for Constitutional Rights 378
Summary 341 A QUESTION OF ETHICS 380
Summary 381
8 POLICE AND CONSTITUTIONAL LAW 344
Legal Limitations on Police Investigations 347
Search and Seizure 348
Arrest 349
Warrants and Probable Cause 350
PA RT 3 COURTS 385
EVIDENCE-BASED PRACTICE AND POLICY: Problem-
9 COURTS AND PRETRIAL
PROCESSES 386
Solving Courts 396
How to Become a Judge 397
CLOSE UP: The Image of Justice 398
The Structure of American Courts 389 CIVIC ENGAGEMENT: Your Role in the System 402
Effective Management of the State Courts 391 From Arrest to Trial or Plea 402
To Be a Judge 392 Bail: Pretrial Release 406
Who Becomes a Judge? 393 CRIMINAL JUSTICE AND THE RISK OF
Functions of the Judge 394 MISINFORMATION: Rumors and Vigilante Action 407
Contents ix
The Reality of the Bail System 408 The Impact of Courtroom Workgroups 477
Bail Agents 409 Plea Bargaining 478
CIVIC ENGAGEMENT: Your Role in the System 411 Exchange Relationships in Plea Bargaining 480
Setting Bail 411 Tactics of Prosecutor and Defense 481
Reforming the Bail System 412 Pleas without Bargaining 482
TECHNOLOGY AND CRIMINAL JUSTICE: Technology Legal Issues in Plea Bargaining 483
and Pretrial Release 414 Criticisms of Plea Bargaining 484
Pretrial Detention 416 CIVIC ENGAGEMENT: Your Role in the System 485
INSIDE TODAY’S CONTROVERSIES: The Kalief Browder Trial: The Exceptional Case 485
Tragedy: Poor, Young, and in Solitary Confinement 418
Going to Trial 486
The Trial Process 488
Summary 420 CIVIC ENGAGEMENT: Your Role in the System 489
INSIDE TODAY’S CONTROVERSIES: Race and The
10 PROSECUTION AND DEFENSE 424 Jury 490

The Prosecutorial System 428 MISINFORMATION: Jurors and Electronic
Politics and Prosecution 429 Communications 492
The Prosecutor’s Influence 430 CLOSE UP: Should We Abolish the Peremptory
Challenge? 494
The Prosecutor’s Roles 431
TECHNOLOGY AND CRIMINAL JUSTICE: Forensic
TECHNOLOGY AND CRIMINAL JUSTICE: Mandatory
Evidence and the Risk of Error 498
DNA Samples 432
Evaluating the Jury System 501
Discretion of the Prosecutor 435
EVIDENCE-BASED PRACTICE AND POLICY: Improving
Key Relationships of the Prosecutor 437
The Effectiveness of Jury Instructions 502
INSIDE TODAY’S CONTROVERSIES: Prosecutors, Police,
and The Ferguson, Missouri, Grand Jury in 2014 440 Appeals 502
CRIMINAL JUSTICE AND THE RISK OF Habeas Corpus 503
MISINFORMATION: Conspiracy Theories and Crime Evaluating the Appellate Process 504
Victims 442 A QUESTION OF ETHICS 505
CIVIC ENGAGEMENT: Your Role in the System 445 Summary 506
Decision-Making Policies 445
12 PUNISHMENT AND SENTENCING

The Defense Attorney: Image and Reality 449
The Role of the Defense Attorney 450
510
Realities of the Defense Attorney’s Job 451 The Goals of Punishment 513
The Environment of Criminal Practice 452 Retribution: Deserved Punishment 513
Counsel for Indigents 454 Deterrence 514
EVIDENCE-BASED PRACTICE AND POLICY: Criminal Incapacitation 515
Defense, Evidence-Based Practices, and The Best
Rehabilitation 517
Interests of the Client 456
CLOSE UP: Pressure to Fulfill The Promise of Indigent
MISINFORMATION: Evaluating the Claim that Laws and
Defense 462
Policies “Don’t Work” 518
Private versus Public Defense 462
New Approach to Punishment: Restorative Justice 519
Attorney Competence 463
Forms of the Criminal Sanction 521
Incarceration 522
Summary 466 Intermediate Sanctions 527
Probation 529
11 DETERMINATION OF GUILT: PLEA

BARGAINING AND TRIALS 468
Death 529
TECHNOLOGY AND CRIMINAL JUSTICE: Chemical
Scarcity and Lethal Injection 534
The Courtroom: How It Functions 473 CIVIC ENGAGEMENT: Your Role in the System 537
The Courtroom Workgroup 474 CLOSE UP: The Death Penalty Debate 538
x Contents
The Sentencing Process 541 Attitudes and Values of Judges 547

EVIDENCE-BASED PRACTICE AND POLICY: Evidence- Presentence Report 547
Based Sentencing 542 Sentencing Guidelines 547
The Administrative Context of the Courts 543 Who Gets the Harshest Punishment? 549
INSIDE TODAY’S CONTROVERSIES: The U.S. A QUESTION OF ETHICS 553
Department of Justice’s Investigation of the Ferguson,
Summary 553
Missouri, Municipal Court 544
PA RT 4 CORRECTIONS 555
TECHNOLOGY AND CRIMINAL JUSTICE: Technology
13 CORRECTIONS 556 and a Drastic Reduction in the Use of Prisons 604
Development of Corrections 560
Summary 611
Invention of the Penitentiary 561
14 COMMUNITY
MISINFORMATION: The Use and Abuse of the Phrase CORRECTIONS: PROBATION
“Anecdotal Information” 562 AND INTERMEDIATE SANCTIONS 614
Reform in the United States 564
Reformatory Movement 569 Community Corrections: Assumptions 616
Improving Prison Conditions for Women 570 Probation: Corrections without Incarceration 617
Rehabilitation Model 571 Origins and Evolution of Probation 618
Community Model 572 Organization of Probation 619
Crime Control Model 573 INSIDE TODAY’S CONTROVERSIES: Private
Probation 620
Organization of Corrections in the United States 574
Probation Services 621
Federal Correctional System 574
TECHNOLOGY AND CRIMINAL JUSTICE: Technology
State Correctional Systems 575
and Probation 622
Private Prisons 578
Reliance on Volunteers 623
INSIDE TODAY’S CONTROVERSIES: Privatization of
Revocation and Termination of Probation 625
Services in Public Prisons and the Risk of Misconduct 580
Assessing Probation 628
Incarcerated Immigrants 582
EVIDENCE-BASED PRACTICE AND POLICY: Reducing
Jails: Detention and Short-Term Incarceration 584 the Risk of Recidivism for Probationers 628
Origins and Evolution 584
Intermediate Sanctions in the Community 630
The Contemporary Jail 585
Intermediate Sanctions Administered Primarily
Who Is in Jail? 585 by the Judiciary 631
Managing Jails 586 CLOSE UP: Controversies Over Forfeiture of Cash
EVIDENCE-BASED PRACTICE AND POLICY: Evidence- and Property 634
Based Practices, Jails, and Mental Illness 588 Intermediate Sanctions Administered in the Community 634
The Law of Corrections 589 CIVIC ENGAGEMENT: Your Role in the System 637
CIVIC ENGAGEMENT: Your Role in the System 589 Intermediate Sanctions Administered in Institutions
Constitutional Rights of Prisoners 590 and the Community 640
CLOSE UP: The Supreme Court’s Decision in Holt v. Hobbs Implementing Intermediate Sanctions 642
(2015) 592 CRIMINAL JUSTICE AND THE RISK OF
Law and Community Corrections 598 MISINFORMATION: Jailed Over Record-Keeping Flaws in
Law and Correctional Personnel 600 Community Corrections 644
Correctional Policy Trends 601 The Future of Community Corrections 644
Community Corrections 602 A QUESTION OF ETHICS 645
Incarceration 603 Summary 646
Contents xi
Assaultive Behavior and Inmate Characteristics 689

15 INCARCERATION AND PRISON
SOCIETY 648
Prisoner–Officer Violence 694
Officer–Prisoner Violence 694
Decreasing Prison Violence 695
The Modern Prison: Legacy of the Past 650
INSIDE TODAY’S CONTROVERSIES: Arming Corrections
Goals of Incarceration 651 Officers: Risks and Benefits 696
CLOSE UP: One Man’s Walk Through Atlanta’s Jungle: A QUESTION OF ETHICS 697
Michael G. Santos 652
Summary 698
Prison Organization 654
Governing a Society of Captives 656
The Defects of Total Power 656 16 REENTRY INTO THE COMMUNITY 702
Rewards and Punishments 656 Prisoner Reentry 705
Gaining Cooperation: Exchange Relationships 657 EVIDENCE-BASED PRACTICE AND POLICY: The Timing
Inmate Leadership 658 of Successful Programs for Reentry 706
The Challenge of Governing Prisons 658 Contemporary Budget Cuts and Prisoner Release 707
Correctional Officers: At the Forefront of Facing Institutional Reentry Preparation Programs 709
Complex Challenges 660 Release and Supervision 710
The Officer’s Role 660 The Origins of Parole 711
Recruitment of Officers 660 The Development of Parole in the United States 712
Use of Force 662 Release Mechanisms 712
Who Is in Prison? 663 Discretionary Release 713
Elderly Prisoners 664 Mandatory Release 713
Prisoners with HIV/AIDS 665 Probation Release 714
Prisoners with Mental Illness 665 Other Conditional Release 714
CRIMINAL JUSTICE AND THE RISK OF Expiration Release 715
MISINFORMATION: Judges’ Decisions and the The Parole Board Process 715
Announcement of Inaccurate Predictions 666 CRIMINAL JUSTICE AND THE RISK OF
Long-Term Prisoners 668 MISINFORMATION: Inaccurate Information and the Risk of
The Convict World 668 Too-Early Release 716
CLOSE UP: Survival Tips For Beginners: Tj Granack 669 CLOSE UP: A Personal Encounter With the Parole Process
in Michigan 718
Adaptive Roles 671
The Prison Economy 672
Impact of Release Mechanisms 719
TECHNOLOGY AND CRIMINAL JUSTICE: Contraband
Delivered by Drones 672 Parole Supervision in the Community 721
Women in Prison 674 Community Programs following Release 723
CIVIC ENGAGEMENT: Your Role in the System 674 Work and Educational Release 723
The Subculture of Women’s Prisons 676 CIVIC ENGAGEMENT: Your Role in the System 725
Male versus Female Subcultures 676 Parole Officer: Cop or Social Worker? 725
Issues in the Incarceration of Women 677 The Parole Bureaucracy 727
Adjustments to Life Outside Prison 727
Prison Programs 681
TECHNOLOGY AND CRIMINAL JUSTICE: Using GPS to
Classification of Prisoners 682
Track Sex Offenders on Parole 728
Educational Programs 682
INSIDE TODAY’S CONTROVERSIES: The Movement to
CIVIC ENGAGEMENT: Your Role in the System 683 Ban the Box 730
Vocational Education 683 Revocation of Parole 730
Prison Industries 684
The Future of Prisoner Reentry 732
Rehabilitative Programs 686
Civil Disabilities of Ex-Felons 733
Based Prison Practices to Reduce Recidivism 686 A QUESTION OF ETHICS: Neighborhood Resistance
to Placement of Community Corrections Programs and
Medical Services 687
Facilities 736
Violence in Prison 689 Summary 736
xii Contents
PA RT 5 THE JUVENILE JUSTICE SYSTEM 739

EVIDENCE-BASED PRACTICE AND POLICY: Juvenile
17 JUVENILE JUSTICE 740 Waiver to Adult Court 764
Adjudication 765
Youth Crime in the United States 743 Disposition 768
INSIDE TODAY’S CONTROVERSIES: Teens and the
Corrections 768
Opioid Crisis 746
The Development of Juvenile Justice 746
Problems and Perspectives 773
The Puritan Period (1646–1824) 747
TECHNOLOGY AND CRIMINAL JUSTICE: Cyberbullying
The Refuge Period (1824–1899) 747
and “Sexting” 774
The Juvenile Court Period (1899–1960) 749
The Juvenile Rights Period (1960–1980) 750
Summary 776
The Crime Control Period (1980–2005) 752
The “Kids Are Different” Period (2005–Present) 753
MISINFORMATION: The Worst-Case Scenario for
APPENDIX A: Constitution of the United States:
Reacting to Misinformation 754 Criminal Justice Amendments 779
CLOSE UP: Youth Violence Reduction Programs 755 APPENDIX B: Understanding and Using Criminal
The Juvenile Justice System 756 Justice Data 780
Age of Clients 756 GLOSSARY G-1
Categories of Cases under Juvenile Court Jurisdiction 756
REFERENCES R-1
The Juvenile Justice Process 759
Police Interface 759 NAME INDEX I-1
Intake Screening at the Court 762 SUBJECT INDEX I-7
Pretrial Procedures 763
Transfer (Waiver) to Adult Court 764
PREFACE
Most students come to the introductory course in criminal The American public is accustomed to seeing offi-
justice intrigued by the prospect of learning about crime cials in the criminal justice system—legislators, pros-
and the operation of the criminal justice system. Many of ecutors, judges, defense attorneys, and corrections
them look forward to the roles they may one day fill in officials—as constituting the decision makers who
allocating justice, either as citizens or in careers with the shape criminal justice policies and processes. Students
police, courts, or corrections. All have been exposed to who aspire to careers in these positions undoubtedly
a great deal of information—and misinformation—about recognize their potential importance to the system. Less
criminal justice through the news and entertainment well recognized, however, are the influence and impor-
media. Whatever their views, few are indifferent to the tance of all citizens in their roles as voters, members of
subject they are about to explore. neighborhood associations and community organiza-
Like all newcomers to a field, however, introduc- tions, and even as renters and homeowners. In these
tory students in criminal justice need, first, content roles, all Americans influence criminal justice through
mastery—a solid foundation of valid information about a variety of activities, ranging from formal decisions
the subject—and second, critical understanding—a about voting or buying security systems for businesses
way to think about this information. They need concep- and churches to less formal actions in personal crime-
tual tools that enable them not only to absorb a large prevention decisions (e.g., locking cars, reporting suspi-
body of factual content but also to process that infor- cious activity) that guide the nature and extent of crime
mation critically, reflect on it, and extend their learning problems as well as the allocation of law enforcement
beyond the classroom. This text aims at providing both resources. The influence of all Americans on criminal
the essential content and the critical tools involved in justice will be highlighted throughout the book, espe-
understanding criminal justice. cially in the feature Civic Engagement: Your Role in the
This edition continues the book’s recent unifying System, which gives students concrete opportunities to
emphasis on citizens’ varied and important roles in in- analyze and make decisions about real-life examples.
fluencing criminal justice policies and processes. Social Three other features in the book reinforce this theme.
commentators and political scientists have long noted In addition, a critical-thinking element, Stop and
that young Americans seem insufficiently interested Analyze, which follows each subsection within every
and engaged in public affairs. Participation rates for chapter, poses questions to students about issues con-
youthful voters lag behind those of older demographic cerning the material that they have just read. Many of
groups. Surveys indicate that many young people lack these Stop and Analyze questions challenge students to
knowledge about both current events and the operation develop arguments and conclusions about their own
of their country’s governing system. Such trends raise positions on contemporary controversies. A similar fea-
questions about the vibrancy of the American democ- ture, Debate the Issue, included in the Close Up boxes
racy and the range of values and opinions that inform within each chapter, also leads students to engage in
decisions about public policies. analytical thinking about concrete problems and is-
Young Americans are certainly entitled to make sues in criminal justice. These exercises help students
their own choices about whether and how they become to become intellectually engaged in relevant issues and
involved in public affairs. If, however, their lack of par- problems as a means to move away from citizens’ pas-
ticipation is due to insufficient knowledge about their sive acceptance of other people’s exclusive control over
important potential roles in democratic processes, then decision making and policy formulation.
the study of criminal justice—a high-interest subject This unifying emphasis on civic engagement draws
for college students—presents an opportunity to make from all three of the book’s major themes because ac-
clearer to them all citizens’ inevitable and unavoidable tive and informed citizens must use knowledge of the
roles in affecting criminal justice. system’s characteristics and American values in order
xiii
xiv Preface
to understand and improve their own actions that influ- dynamic as criminal justice. The social scene changes,
ence public policy. research multiplies, theories are modified, and new
policies are proposed and implemented while old ones
become unpopular and fade away. Students and their
The Approach of This Text: needs change as well. Accordingly, we have made this
Sixteenth Edition even more current, vital, cohesive,
Three Key Themes and appealing to students and instructors alike.
Criminal justice is a complex subject encompassing

an array of topics that cannot be evaluated through a Highlights of the Sixteenth Edition
limited or narrow focus. To understand what happens
to people who are drawn into the American system This edition encompasses important revisions in content
of criminal justice, one must analyze such varied sub- and presentation. Users of the Fifteenth Edition will find
jects as societal problems, determinants of individuals’ many significant additions and changes. We have also
behavior, government processes, and conceptions of strengthened the focus on the various important roles
morality and justice. This text tackles the challenge of of citizens in affecting criminal justice in their states,
this complexity by drawing from an interdisciplinary communities, and neighborhoods. This focus draws to-
foundation of research, with contributions from crimi- gether the book’s themes concerning American values,
nology, law, history, sociology, psychology, and politi- public policy, and system conception of criminal justice.
cal science. The interdisciplinary approach supplies the The remainder of this section considers the major con-
analytical tools and information needed to evaluate the tent changes and expanded discussions in the book and
varied institutions, processes, and social phenomena then examines the new elements in each chapter.
of criminal justice. Although breadth of perspective is
necessary for understanding criminal justice, it does not Evidence-Based Practice and Policy
automatically provide an appropriate basis for explain-
ing the American system of justice to students. Infor- A new feature in every chapter highlights the major
mation and analysis must be organized and presented trend within criminal justice toward developing and
in ways that highlight the key elements that shape and implementing research-based practices and policies. Fu-
drive criminal justice in the United States. We use three ture criminal justice professionals, as well as engaged
organizing themes to bring the complexity of criminal citizens, need awareness of the value of connecting re-
justice into focus and to highlight continuing issues and search to policy development. By testing practices and
controversies that affect this dynamic subject: policies through the methods of social science, criminal
justice organizations are better positioned to devote re-
1. Criminal justice involves public policies that are sources, training, and personnel to approaches that can
developed within the political framework of the advance policy goals, such as reducing crime rates and
democratic process. offender recidivism. Practices and policies examined in
2. The concept of social system is an essential tool for individual chapters include reentry programs, identifi-
explaining and analyzing the way criminal justice is cation procedures in police investigations, police patrol
administered and practiced. strategies, and addressing the needs of people with men-
tal illnesses.
3. American values provide the foundation on which
criminal justice is based. With concerns about
terrorism and civil liberties at the forefront of the Highly Publicized, Contemporary
national agenda, an awareness of basic American Controversies
values—individual liberty, equality, fairness, and the
Among the most significant developments affecting the
rule of law—is as vital today as it has ever been in
justice system are contemporary controversies that have
our history.
captured the public’s attention through heavy news me-
Over the years, the approach of The American Sys- dia coverage. In particular, key events since 2014 in-
tem of Criminal Justice has enjoyed broad acceptance cluded videoed incidents of police officers’ use of force,
as it addresses new challenges. Instructors at hundreds especially white officers’ actions leading to the deaths of
of colleges and universities throughout the nation have African American suspects. Incidents such as those in
chosen this book, and during its more than 30 years of Ferguson, Missouri; New York City; Cleveland, Ohio;
use in their classrooms, more than a half million of their North Charleston, South Carolina; and Baltimore led
students have used it. Yet, textbook authors cannot af- to large-scale public protests, including civil disorder
ford to rest on their laurels, particularly in a field as in Ferguson and Baltimore that produced extensive
Preface xv
property damage and arrests. These incidents brought practices in criminal justice. There is greater recogni-
into sharp focus debates about use of force, police– tion among policy makers about the high financial costs
community relations, and discrimination in the justice of incarceration and the significant societal costs of fail-
system. In order to highlight and examine these and ing to prepare offenders for reintegration into society.
other issues, we have expanded the feature entitled In- In addition, social media and the proliferation of shared
side Today’s Controversies so that there is one example photos and videos have highlighted questions about po-
in each chapter. The focus on current controversies is lice practices and fairness in the justice system in ways
used to illuminate aspects of each segment of the sys- that have heightened public awareness and concern.
tem, from policing to courts to corrections to juvenile Throughout the Sixteenth Edition, there are examples
justice. Several of these features concern police use of of reform initiatives and proposals intended to increase
force and police–community relations. For example, fairness, enhance effectiveness, and limit budgetary ex-
one Inside Today’s Controversies box examines the hu- penditures in criminal justice. Issues affecting policing,
man consequences of aggressive, racially skewed stop- courts, and corrections are highlighted in various fea-
and-frisk practices. Others focus on issues elsewhere in tures, including the Close Up and the Evidence-Based
the justice system, such as questions about the fairness Practice and Policy boxes.
of grand jury proceedings and problems stemming from
privatization in corrections and probation. Real Ethical Problems and Dilemmas
Facing Officials in Each Segment
Improving the Accuracy of Information
of the Criminal Justice System
and Reliability of Communications As in previous editions, each chapter ends with A Ques-
Contemporary students live in a technological age tion of Ethics, but many of these features have new, up-
and are inundated with information from a variety of dated content. These contemplative exercises provide
sources, including social media outlets that either inten- real situations drawn from recent news reports. Students
tionally or unwittingly spread inaccurate information. are asked to consider genuine cases concerning police
The label “fake news” is bandied about by politicians honesty in reporting crime statistics, sentencing dispari-
seeking to direct the public’s attention in a certain direc- ties, departmental quotas imposed on officers for writ-
tion, although not necessarily in the direction of truth. ing tickets or frisking pedestrians, corrections officers’
Americans are challenged to develop an awareness of use of violence to punish prisoners, and problems with
how to detect false information and seek the facts about privatization of prison services. Students are then chal-
specific topics. This issue has special consequences for lenged to place themselves in the position of administra-
criminal justice as the dissemination of inaccurate in- tors who must think about how to organize or reform
formation can distort understanding of social problems training, supervision, and other elements that are es-
and lead to policies and practices that are misdirected. sential for addressing ethical lapses by justice system
An additional aspect of information problems occurs officials.
through recordkeeping and communication errors in the
criminal justice system. Students need a keen awareness
of such problems in order to be able to recognize issues
Expanded Focus on Technology
and seek useful, correct information. A new feature in and Criminal Justice
each chapter, Criminal Justice and the Risk of Misin- The rapid pace of technological development and
formation, highlights a variety of problems related to change has profound effects on criminal justice. Tech-
information and communications. Examples within the nology creates new opportunities for lawbreakers to
chapters include the widespread dissemination of erro- steal money, corporate assets, and trade secrets. The
neous crime rates, harmful actions undertaken in reli- public is familiar with some aspects of these problems
ance on inaccurate social media postings, and arrests through publicity about identity theft and hackers’ suc-
of innocent people due to inaccurate recordkeeping by cess in stealing credit card numbers. Technology poses
police departments and courts. other problems for criminal justice, such as the sophis-
ticated weapons that police officers encounter in the
Proposals for Reform of the Justice hands of organized crime groups, gangs, and individual
criminals. Technology also presents opportunities for
System criminal justice officials to prevent crime, investigate
In recent decades, the primary focus of the justice sys- crime, maintain order, and control incarcerated popula-
tem has been on crime control and punishment. The tions. In addition, technology can raise questions about
past few years, however, have seen a shift toward con- collisions between citizens’ constitutional rights and of-
cerns about the effectiveness and costs of policies and ficials’ efforts to catch criminal offenders. Each year,
xvi Preface
new aspects of technology develop that impact crimi- bullets. A new Close Up feature illustrates differences
nal justice. Thus the Technology and Criminal Justice in political parties’ assumptions and conclusions about
features throughout the book focus on current issues of crime by comparing the policy initiatives of the Obama
critical importance to students, including transnational administration with the statements and promises of
cybercrime; ransomware attacks on police departments’ President Donald Trump and his eventual U.S. attor-
computers; the use of drones to deliver contraband over ney general Jefferson Sessions. The Inside Today’s Con-
prison walls; military equipment used by local police troversies feature focuses on police misconduct during
agencies; surveillance technology; and controversies December 2016 and January 2017 as well the January
about lethal injection protocols and drugs. 2017 Justice Department report on the Chicago Police
Department. The examples illustrate the necessity of
New and Expanded Topics critically analyzing criminal justice organizations and
processes in order to understand their actual flaws that
in the 16th Edition need corrective action. The new Criminal Justice and the
The use of local justice systems to generate revenue; Risk of Misinformation feature highlights the issue of in-
privatization of local probation; bail reform; drug policy accurate information available on the Internet and social
(sentencing, opioid epidemic, legalization of marijuana, media; the problem of people filtering out information
designer drugs); social media and criminal justice; police that challenges their preexisting beliefs; and the example
ethics; police strategies for handling public demonstra- of Missouri’s continued relaxation of gun laws despite
tions; violent attacks on the police; police use of force; evidence that this direction of policy is associated in that
training of police on de-escalation and implicit bias; state with a marked increase in gun homicides.
police–community relations; police acquisition of mili- There are also new examples of political crimes and
tary equipment/tactics; homeland security—“lone wolf” various kinds of occupational and cybercrimes drawn
attacks; vulnerabilities in airport security and other new from 2016 and 2017, including the Oregon wildlife ref-
kinds of emergency-response situations requiring coor- uge standoff (politically motivated crime) and Russian
dination; evidence-based practices; police body cameras; hacking to influence the U.S. elections.
police use of drones; guns—carrying/concealed weapons;
new California and other jurisdictions’ laws with restric- Chapter 2, Victimization and Criminal Behavior
tions on guns; prison/jail health and mental health; men- The new chapter opener uses an Uber driver’s shoot-
tal health and policing; technology in corrections; solitary ing of eight strangers in Kalamazoo, Michigan, in 2016
confinement; prison education programs; reentry; sen- and a Houston doctor’s conviction for defrauding the
tence reform; reductions in prison populations; recent Medicare program in 2016 as examples of the questions
spikes in certain crimes in specific cities; prison priva- raised about the causes of crime and how we define the
tization amid changes in presidential administrations; victims of various crimes. The new Criminal Justice and
expanded use of pardon power under President Obama. the Risk of Misinformation feature focuses on presiden-
tial candidate Donald Trump’s tweet of starkly inac-
Key Chapter-by-Chapter Changes curate crime statistics that could reinforce stereotypes
about African Americans as being primarily responsible
Chapter 1, Crime and Justice in America for violent crime. The feature calls attention to the need
A new chapter opener focuses on the mass shooting in to double-check information before sharing through so-
January 2017 at the Ft. Lauderdale airport, killing five cial media. The new Inside Today’s Controversies fea-
people and wounding six others. The incident raises ture discusses debates about the focus of the Violence
questions about the nature of crime and the public’s per- Against Women Act, including the federal government’s
ceptions about crime. A new What Americans Think role in trying to shape state and local domestic vio-
presents public opinion poll results from 2016 for young lence policy as well as the prospect of the new Trump
adults (ages 18–29) showing strong doubt among a sig- administration cutting grants that had been distributed
nificant number of people concerning the justice sys- through this program. There is new data on the intra
tem’s capacity to make unbiased, fair decisions. The new racial nature of homicide and a comparison with gender
Evidence-Based Practice and Policy feature provides an and aspects of criminal victimization. New informa-
overview of the development of evidence-based practices tion about Gallup Polls from 2015 and 2016 illuminate
and policy, including issues in research and implemen- Americans’ fear of crime and the factors that differen-
tation. There are examples of new gun laws effective in tiate people’s perceptions about fear. Additional new
2017 that contrast Republican success in eliminating information updates shifting budgetary priorities and
most requirements for carrying concealed firearms with attendant impacts on victim assistance programs. The
Democrats’ new laws in California imposing restrictions new Evidence-Based Practice and Policy feature focuses
on firearms and background checks for the purchase of on the effectiveness of victim services.
Preface xvii
Chapter 3, The Criminal Justice System a University of Washington student was acquitted after
The new chapter opener provides the details of the stabbing another student in an altercation that began
arrest, prosecution, and trial of minor television celeb- from an argument over a parking space. The insanity
rity Dustin Diamond after an altercation at a bar in defense material is updated to include John Hinckley’s
Wisconsin. The example illustrates the specific steps in release from a mental hospital after 35 years of confine-
the criminal justice process from event to punishment. ment and treatment following his assassination attempt
The Evidence-Based Practice and Policy feature exam- on President Ronald Reagan. The new Criminal Justice
ines public surveillance and research evidence concern- and the Risk of Misinformation feature concerns the
ing crime prevention efforts through the use of CCTV narrowness of the Supreme Court’s interpretation of the
systems in public places. There is new material on racial right to own handguns under the Second Amendment
profiling that includes descriptions by prominent African and the claims by many people that the Second Amend-
Americans—U.S. Senator Tim Scott of South Carolina, ment means much more than what the Supreme Court
and Ron Sims, the retired County Executive from the has actually said. A new Inside Today’s Controversies
Washington State county that includes Seattle—about feature presents a 5-to- 4 Supreme Court decision
being stopped by police multiple times for no apparent (Florida v. Jardines) concerning the use of drug-sniffing
reason other than their skin color. The new Criminal dogs that could change with the replacement of the late
Justice and the Risk of Misinformation feature discusses Justice Scalia by President Trump’s conservative Supreme
President Trump’s executive order for the Department Court appointee, Justice Neil Gorsuch. The new
of Homeland Security to issue weekly reports on crimes Evidence-Based Practice and Policy feature discusses de-
committed by undocumented immigrants. The feature bates concerning judges’ capability to use social science
raises issues about how this provision may be inter- research as part of their policy-shaping decisions.
preted, the difficulties involved in gathering nationwide
information on a weekly basis, and the risk of distorting Chapter 5, Police
an accurate analysis of crime statistics by focusing on The new chapter opener concerns February 2017 pro-
a specific demographic group in isolation and not with tests on the Berkeley campus of the University of
comparative reference to the overall picture of crime that California, and the police department’s controversial de-
includes considerations of other demographic groups. A cision to monitor rather than actively intervene to reduce
new Technology and Criminal Justice feature focuses the risk of injuries to bystanders and officers. The new
on the challenge of anticipating new technological Criminal Justice and the Risk of Misinformation feature
developments and attendant problems—using the exam- concerns the need for educated citizens to do research
ple of self-driving vehicles—which will ultimately raise on factual statements and policy proposals by political
new policy issues for policing. For example, should po- candidates and politicians. The need for this ability is
lice have the ability to use technologies that could over- greater than ever because there are sometimes efforts to
ride a vehicle’s software in order to take control of a fully use false statements to generate overblown public fears
automated vehicle? If so, could such police capability be that enable politicians to shape policies in criminal
misused to improperly stop vehicles? justice and homeland security in misguided ways. The
new Technology and Criminal Justice feature discusses
Chapter 4, Criminal Justice and the Rule of Law Chicago’s announcement in 2017 that the city will en-
The new chapter opener focuses on the entrapment de- hance its use of technology for more-effective law en-
fense by comparing cases in Texas (2016) and Florida forcement and crime prevention, and raises questions
(2013) in which men were charged with online solici- about the potential effectiveness of this approach. The
tation of teenage girls without knowing that they were Inside Today’s Controversies feature looks at controver-
actually communicating online with police officers, sial lethal uses of force by police and the initiation of the
not young girls. In one case, the jury acquitted the man President Obama’s Task Force on 21st Century Policing.
based on the entrapment defense but in the other case
they convicted. The cases illustrate defenses to crimi- Chapter 6, Police Officers and Law
nal charges and the uncertainty about how juries will Enforcement Operations
be persuaded in criminal trials. There is new civil for- The new chapter opener highlights dangers faced
feiture information, including the example from 2016 by police officers through the example of 2016 fatal
of a Christian music group raising money for a religious shooting of an Arkansas officer by a man barricaded
college and an orphanage, only to have the money from in a mobile home after a domestic dispute. The new
their concerts seized during a traffic stop when police de- Criminal Justice and the Risk of Misinformation
clared the case to be proceeds from illegal drug deals— box illuminates the importance of good communica-
despite finding no drugs in the vehicle. There is a new tion and information systems within justice system
illustration of self-defense based on a 2016 case in which agencies. The tragic example of miscommunication
xviii Preface
concerns the police shooting of a 12-year-old boy testimony about microscopic hair evidence for many
in Cleveland. The boy was carrying a toy gun but years. In addition, a chemist in Massachusetts was
the dispatcher had not informed officers that the sentenced to prison for false, pro-prosecution testi-
911 caller had stated that the person could be a juve- mony concerning her analysis of drug evidence. There
nile with a toy and not necessarily an adult carrying a is new information on rapid DNA testing devices
real firearm. There are also examples of people “lost” that permit police officers to do quick DNA tests—
in corrections institutions through poor record keep- although the test results are expensive and are not yet
ing. The new Inside Today’s Controversies focuses on integrated into national databases. A new figure shows
the debate over de-escalation training for police use of 2016 state laws requiring training for armed security
force. The new What Americans Think shows results guards, including 14 states with no training require-
from a 2016 public opinion poll indicating stark dif- ments and other states that require no shooting test for
ferences between whites and African Americans views private security officers. The Inside Today’s Contro-
of African Americans’ fatal encounter with police as versies feature discusses critics’ concerns that the use
isolated incidents or signs of broader problems with of military equipment and tactics by police can lead
policing. There is new information on the number of to unnecessary aggressiveness and alienation from the
volunteer officers and 2016 examples on dangers of communities that police are supposed to serve. The
using volunteer officers—including sentencing of a new Evidence-Based Practice and Policy feature con-
Tulsa, Oklahoma, volunteer who killed an unarmed cerns research and training to issues of implicit bias
suspect when he mistakenly pulled out and shot his that may affect police officers in ways that they do not
firearm and not his stun gun. even recognize in themselves. A new Question of Eth-
There is new information and examples noting the ics includes links to videos of California officers beat-
changing police role with respect to drug enforcement ing unarmed suspects who surrendered after forcing
in light of spreading marijuana legalization and the em- officers to chase them.
phasis on treatment rather than enforcement for heroin
and opioid abuse in some places. There is new coverage Chapter 8, Police and Constitutional Law
of concerns about the use of crime-prediction software, There is new material in the chapter opener and the
including issues of inaccurate data and risks for police– Technology and Criminal Justice feature on contro-
community relations by sending officers to less-affluent versies police access to citizens’ cell phones, including
neighborhoods with a heightened state of suspicion af- police use of “stingray” cell-phone tracking technol-
fecting officers’ interactions with people who live there. ogy and the 2017 law proposed in Congress to require
a warrant for such surveillance. Additional material
Chapter 7, Policing: Contemporary Issues concerns the dramatic increase in the number of war-
and Challenges rantless searches of laptops and smartphones by U.S.
The chapter opening discusses the shooting deaths of Customs and Border Protection officers at border entry
Alton Sterling in Baton Rouge and Philando Castile in points and international airports, with half of the nearly
Minnesota at the hands of police, as well as the re- 24,000 searches directed at devices owned by Ameri-
sulting protests and the tragic shootings of police of- can citizens. The new Close Up examines the Supreme
ficers in Dallas and Baton Rouge that followed from Court’s decision in Utah v. Strieff (2016) that expanded
these events. The new Criminal Justice and the Risk police authority to stop and question pedestrians. New
of Misinformation feature concerns a CNN report on material presents concerns about the impact of electro-
erroneous statistics regarding outsiders’ participation shock from police stun guns causing temporary cogni-
in a protest in Charlotte, North Carolina, based on a tive impairment that would impede truly knowing and
speculative comment by a police officer. What respon- voluntary waiver of Miranda rights.
sibility does the news media bear for checking facts The new Inside Today’s Controversies feature fo-
before reporting what others have said? The Technol- cuses on the suspect in the 2016 New Jersey and New
ogy and Criminal Justice feature presents new content York bombings and how his arrest renewed debates
on ransomware attacks, especially those directed at about whether terrorism suspects should be given
police departments. A Texas police department lost Miranda rights. The new Criminal Justice and the Risk
eight years’ worth of digital evidence in 2017 after re- of Misinformation feature concerns cases in which po-
fusing to pay $4,000 to hackers—presumably based in lice relied on erroneous information in justice system
eastern Europe—in order to regain access to the police databases or from inadequate training and communica-
computer system. tion, resulting in rights violations and arrests—with the
There are new examples of misconduct by crime lab majority of justices on the Supreme Court declining
scientists, including the FBI’s admission in 2015 that to make the protection of rights a higher priority than
its examiners had provided overstated, pro-prosecution the acquisition of evidence. A new Question of Ethics
Preface xix
feature concerns five police officers caught lying under Chapter 10, Prosecution and Defense
oath about a search they undertook at a traffic stop—as The new chapter opening describes prosecution and de-
they did not know that the dashboard camera in one pa- fense strategies in the trial of Michael Slager, the po-
trol car was recording their actual actions in conducting lice officer in North Charleston, South Carolina, whose
an illegal search of the driver’s vehicle. actions in shooting a motorist fleeing on foot—Walter
Scott—were captured on cell-phone video by an unseen
Chapter 9, Courts and Pretrial Processes bystander. There is new information on controversy sur-
The new chapter opener focuses on the pretrial bail rounding the appointment of Jefferson Sessions as U.S.
and plea bargaining processes leading to the March attorney general in 2017. There is also new informa-
2017 sentencing of John Gotti—namesake grandson tion from 2017 reports about local police departments
of the famous New York City crime boss—for selling keeping their own DNA databases contained in the
drugs. In the new Close Up, there is an examination Technology and Criminal Justice feature. A new What
of judges’ behavior in the courtroom; new examples Americans Think feature presents a 2016 poll showing
from 2016 include a judge jailing domestic violence New Jersey citizens’ strong disagreement with federal
victims for contempt of court, handcuffing a defense prosecutors’ decision declining to criminally charge
attorney, and the example of the Stanford athlete sen- Governor Chris Christie in the “Bridgegate” scandal.
tenced to only three months in jail for sexual assault. A new Criminal Justice and the Risk of Misinforma-
There is a new example of nine African American tion feature concerns conspiracy theorists’ claims that
women elected as judges in one county in Alabama the mass shooting at Sandy Hook Elementary School
in 2016 in order to pose the question whether judges in Newtown, Connecticut, never occurred in Decem-
should be elected by the voters to represent the com- ber 2012. Because prosecutors often have responsibil-
munity and the risk that merit selection will lead to ity for victim services, do prosecutors have any special
only the selection of elite attorneys from the gover- duty to refute these hoaxes, especially when it leads
nor’s political party. The new Criminal Justice and people who believe such misinformation to harass and
the Risk of Misinformation feature discusses risks threaten crime victims’ families? There are also exam-
from the spread of false information on Facebook and ples of cases in which prosecutors opposed permitting
other social media outlets, including the beating of a newly developed DNA tests for preserved evidence even
homeless man in California based on a false Facebook though such tests may demonstrate that an individual
post that said he assaulted women. Another example was wrongly convicted. The Evidence-Based Practice
is the death threats against a businessman in Mon- and Policy feature discusses the challenges of identify-
tana after a false Facebook post led people to believe ing and adopting best practices for criminal defense
that he was constructing apartment buildings to house attorneys in light of disagreements about the goal of
refugee immigrants. There are new examples of risks defense practices (e.g., Help client with rehabilitation?
and abuses from bail agents, including a bail agent Protect rights? Seek lightest punishment?) and the rela-
pressuring female jail inmates for sex when they could tive lack of research on defense attorneys and prosecu-
not afford to pay bail fee, and bail agents working tors compared to other aspects of the justice system.
secretly with court clerks to alter records in order to The Close Up considers the role of appellate courts
avoid forfeiting money when clients failed to appear in indigent defense reform including new information
for hearings. In the Technology and Criminal Justice on the Michigan Supreme Court which for the first time
feature on electronic monitoring of people released on in 2016 set standards for performance for criminal de-
bail, there is new information on the controversy over fense attorneys. A new Question of Ethics from 2016
disadvantages experienced by poor defendants who concerns a misconduct violation found to have been
cannot afford the monitoring fees. New information committed by a North Carolina attorney for picking up
on bail reform uses 2016 changes in New Mexico and a water bottle to seek DNA testing of the object after
Indiana as examples. The new Inside Today’s Con- the person drinking from the bottle had refused to pro-
troversies feature discusses the tragic case of Kalief vide a DNA sample. The attorney took the action to as-
Browder, the teenager who was held in a New York sist her client—a man who was ultimately found to have
City jail for three years—including prolonged time served nearly 40 years in prison for a double murder
in solitary confinement—before prosecutors dropped that he did not commit.
the robbery charge against him. His family had been
unable to come up with the $3,000 bail to secure his Chapter 11, Determination of Guilt:
release. Eventually he committed suicide. His story Plea Bargaining and Trials
provided the basis for a highly publicized documen- The new chapter opener examines the trial of Brandon
tary film series in 2017 raising several important Vandenburg, a Vanderbilt University football player
issues about bail and jail. convicted of sexual assault and sentenced to prison in
xx Preface
2016. The new Inside Today’s Controversies feature feature focuses on claims that certain laws, policies, or
concerns Supreme Court decisions in 2016 (Foster v. programs “don’t work”—using one example about gun
Chatman) and 2017 (Pena-Rodriguez v. Colorado) control and another example about after-school pro-
about aspects of racism affecting jury selection and grams for children. The feature asks the student to be
jury decision making. The feature also includes the wary of broad generalizations that may be politically
controversy over after-trial revelations that several ju- or ideologically motivated, and to investigate before
rors in the case of Ray Tensing, the white University of accepting such generalized claims. The new Technol-
Cincinnati police officer charged with murdering Sam ogy and Criminal Justice feature presents examples
DuBose, an unarmed African American motorist, had from 2016 and 2017 illuminating states’ difficulty in
indicated either racial biases or pro-police biases on obtaining lethal injection drugs and questions that this
their jury questionnaires. Thus critics were concerned problem raises about the future of the death penalty.
that the mistrial resulting from the jury deadlock had There is new information about Justice Stephen Brey-
been affected by bias. The new Criminal Justice and er’s December 2016 argument that the Supreme Court
Risk of Misinformation concerns the problems of ju- should consider whether decades’ long delays between
rors seeking information from the Internet and social sentencing and execution constitute cruel and unusual
media when they are supposed to limit information punishment. A new Gallup Poll indicates that Ameri-
about a criminal case to the evidence, arguments, and cans’ 60 percent level of support for capital punish-
instructions in the courtroom. One example is from a ment in 2016 is the lowest level of support in the past
2014 manslaughter case in Florida in which more than 45 years and reflects a widening gap of disagreement
one juror was caught improperly using the Internet between Democrats and Republicans. The Evidence-
against the instructions of the judge. Drawing from the Based Practice and Policy feature presents evidence-
Supreme Court decision about racial discrimination in based sentencing including critics’ concerns about the
jury selection in Foster v. Chatman (2016), the Close unproven reliability and accuracy of needs assessments
Up feature focuses on the debate over whether peremp- by judges that might therefore contribute to discrimi-
tory challenges should be abolished. nation in sentencing.
Using the example of the FBI’s 2015 admission that
its scientists had provided inaccurate pro-prosecution Chapter 13, Corrections
testimony in cases stretching back 20 years, especially The new chapter opener focuses on 2016 controver-
concerning hair-match evidence, the Technology and sies over excessive use of force by corrections officers
Criminal Justice feature examines forensic science is- in New York state prisons and their lack of account-
sues, including the question of relying on testimony ability for improper conduct. The Criminal Justice and
about DNA evidence. The new Evidence-Based Practice the Risk of Misinformation feature concerns new U.S.
and Policy feature discusses efforts to improve jury in- Attorney General Jefferson Sessions dismissing the
structions and jurors’ ability to understand what they Obama administration’s report on Ferguson, Missouri,
heard in a trial. The new Question of Ethics feature ex- as “anecdotal”—but then also admitting that he had
amines a Texas judge in 2016 who announced that he not actually read the report. Is anecdotal information
would not approve plea bargains in certain cases. useful? The example raises the issue of the need to be
wary about the use of phrases for political purposes
Chapter 12, Punishment and Sentencing that seek to reject available information. There is new
The chapter opener shows the wide range of sentences information on the Obama administration’s decision to
for teachers convicted of sex crimes with student vic- phase out federal government’s use of private prisons
tims. The examples from 2017 include a female teacher and the Trump administration’s action in reversing that
in Louisiana who received only a sentence of proba- order. The new Inside Today’s Controversies feature
tion for victimizing a male student—a stark contrast concerns the problem of privatizing services in prisons
from the 20-year sentence imposed on a male teacher with a focus on Michigan’s issues with food quality
in Texas with an underage female victim. New mate- leading to prisoner protests as well as sexual miscon-
rial discusses developments with good time and earned duct and contraband smuggling by employees of pri-
time as, in 2017, Louisiana’s governor proposed ex- vate food vendors. A new Close Up provides details of
panding good time to permit release after serving the Supreme Court’s opinion in Holt v. Hobbs (2015)
65 percent of a prisoner’s sentence. In Washington, protecting a Muslim prisoner’s right to grow a short
there was a controversy over miscalculations of earned beard to fulfill the requirements of his faith. A new
time leading to the premature release of a large num- Question of Ethics feature discusses the hundreds of
ber of prisoners, including some who committed new thousands of dollars in campaign contributions made
crimes when they should have still been in prison. The by private prison companies to political candidates in
new Criminal Justice and the Risk of Misinformation the 2016 election.
Preface xxi
Chapter 14, Community Corrections: Probation weapons—being dropped into prison yards by drones
and Intermediate Sanctions being guided by prisoners’ accomplices in the outside
The new chapter opener presents the sentencing of for- world. There is a new example of prison industries
mer basketball star Dennis Rodman for driving the focusing on the Prison Blues factory producing jeans
wrong way on a California highway, fleeing the scene, inside an Oregon prison. In addition, there is a spe-
and not holding a valid driver’s license. He was sen- cific example of the federal Bureau of Prisons requir-
tenced to three years of probation, restitution, commu- ing work within its prisons in various maintenance and
nity service, and a $500 donation to the victim services other functions while paying prisoners just 12 cents to
fund. Is a sentence in the community a fair outcome for 40 cents per hour. There is new material on initiatives
a serious case? Or does celebrity status affect punish- in New York to provide college classes for people in
ment? The new Inside Today’s Controversies feature ex- prison, including the Bard College program whose pris-
amines private probation companies that extract profits oners’ debate team defeated a team from Harvard, as
from poor probationers by charging extra fees and hav- well as New York Governor Cuomo’s 2016 proposal to
ing them jailed—with additional fees—when they are finance college courses for prisoners. The Evidence-
unable to pay the fees. There is new material on smart- Based Practice and Policy feature contains new examples
phone apps that help probation and parole officers of specific rehabilitation programs verified by research
maintain supervision of clients in the Technology and and described in 2017 on the website of the National
Criminal Justice feature. The new feature on Evidence- Institute of Justice. These include substance treatment
Based Practice and Policy looks at the use of risk factors and cognitive-behavioral therapy. There is also new
to determine likelihood of recidivism for probationers. material on corrections officials registering low-income
Probation officers can use tools to assess risks, then prisoners for Medicaid under the Affordable Care Act/
devote their time and effort differentially to give great Obamacare Medicaid expansion—providing coverage
help to probationers at higher risk. Research has indi- when they need hospitalization outside of the prison
cated that the instruments that measure risk are effec- and continuing assistance with mental health and sub-
tive, and that probation officers who allocate their time stance abuse treatment after release. There are also new
in such ways can decrease the risk of recidivism. There examples of publicized cases of corrections officers im-
is expanded discussion of the Fifth Amendment Integ- properly using force to punish prisoners, thereby caus-
rity Restoration (FAIR) Act introduced to Congress in ing injuries and lawsuits. The new Question of Ethics
2017. This Act reforms forfeiture laws to provide in- feature discusses corrections officers accepting money
digent defense in forfeiture cases, shifts the burden of from prisoners to smuggle cell phones into prisons.
proof to the state, and requires a higher standard of
evidence than currently used in forfeiture cases. There Chapter 16, Reentry into the Community
is new information on the use of youth boot camps for The new chapter opener concerns Jeffrey Abramowitz,
high school dropouts to get them back on track in life a lawyer sentenced to prison for stealing funds from his
rather than just for youths in trouble with the criminal law firm and clients. After leaving prison, he dedicated
justice system. The new Criminal Justice and the Risk his efforts to assisting inmates leaving prison, finding
of Misinformation feature discusses the example of employment, and returning to the community. The new
problems with record keeping in community corrections Evidence-Based Practice and Policy feature discusses the
leading a Chicago woman to be jailed for 49 days in Serious and Violent Offender Reentry Initiative and its
2016 based on erroneous records concerning her release impact on recidivism across the United States. The new
from a community service requirement after a minor Criminal Justice and the Risk of Misinformation feature
1993 marijuana conviction. examines the computer software and record-keeping er-
rors that led to the mistaken early release of offenders
Chapter 15, Incarceration and Prison Society from prison and from community supervision. There is
A new What Americans Think shows a public opinion updated information about efforts to end disenfranchise-
poll from 2016 that demonstrates strong support across ment of ex-offenders in Kentucky, Iowa, and Florida. In
demographic groups for rehabilitation as a priority addition, there is new information on Michigan’s 2017
in the criminal justice system. The new Criminal Jus- laws seeking to enhance the state’s efforts to facilitate
tice and the Risk of Misinformation feature examines effective reentry as a means to reduce the expense of a
Justice Alito’s inaccurate prediction in Brown v. Plata large prison population. In Technology and Criminal
(2011) that the court-ordered reduction in California’s Justice, this chapter provides an overview of GPS tech-
prison population would lead to a brutal crime wave nology to monitor sex offenders, and a recent Supreme
that would victimize thousands of Californians. The Court decision that ruled such monitoring constitutes
new Technology and Criminal Justice concerns prisons a search. The new Inside Today’s Controversies feature
facing the problem of contraband—especially drugs and discusses the “Ban the Box” movement to the box on job
xxii Preface
application forms that notifies potential employers of the To help students identify and master core concepts,
applicant’s criminal conviction history. Banning the Box the text provides several study and review aids.
helps ex-offenders avoid being excluded from job oppor-
tunities based on a written job application alone prior
to the interview stage in the selection process. There is
updated information on presidential pardons and com-
Study Aids
mutations, particularly the record number of clemency
actions taken by President Barack Obama in his final ●● Chapter Outlines preview the structure of each
days prior to leaving the White House. chapter.
●● Chapter-Opening Vignettes introduce the chapter
Chapter 17, Juvenile Justice topic with a high-interest, real-life episode. These
The new chapter opener discusses a Massachusetts vignettes include such recent examples as the shoot-
case in which a 17-year-old girl faced the prospect of ings at the Ft. Lauderdale airport by the Kalamazoo,
being charged as an adult for a homicide offense af- Michigan, Uber driver; the prominent murder trial
ter she encouraged her boyfriend to commit suicide. of the South Carolina police officer secretly filmed
The new Criminal Justice and the Risk of Misinfor- shooting an unarmed motorist fleeing on foot;
mation feature concerns the man who fired a gun protests against a police shooting in Baton Rouge,
in a Washington D.C. pizza restaurant in December Louisiana; and former basketball star Dennis Rod-
2016 because he thought he was rescuing trafficked man being sentenced to probation and community
children based on false stories on the Internet. The service.
new Inside Today’s Controversies feature focuses on ●● Chapter Learning Objectives highlight the chapter’s
the opioid crisis, the increase in overdose deaths, and key topics and themes. The numbered learning ob-
both the criminal justice and public-health aspects of jectives have been carefully matched to individual
the problem. A new Close Up focuses on promising bullet points in the end-of-chapter Summary for
methods for reducing youth violence in New Orleans, maximum learning reinforcement.
Louisiana, and Pueblo, Colorado. Both programs
●● Checkpoints throughout each chapter allow stu-
have been evaluated by criminal justice researchers
and found to have value in reducing violent crime. dents to test themselves on content as they proceed
There is updated information on the change of the through the chapter.
age in majority in Connecticut, where the juvenile ●● Chapter Summaries and Questions for Review
court can hear all cases for 16-year-old offenders, reinforce key concepts and provide further checks
and most cases for 17-year-old offenders. Analysis of on learning.
the change indicates that there has been no apprecia- ●● Key Terms and Cases are defined throughout the
ble increase in juvenile delinquency after the change. text in the margins of each chapter and can also be
There is also new information about attempts to di- located in the Glossary.
vert juvenile offenders from pretrial detention in San
Francisco, California. The Detention Diversion Ad-
vocacy Program works to identify the needs of each
offender and target appropriate social services. The
Promoting Critical Understanding
new feature on Evidence-Based Practice and Policy Aided by the features just described, diligent students
summarizes recent results of research focused on the can master the essential content of the introductory
waiver of juveniles to adult court. Most studies have course. Although such mastery is no small achieve-
found that waiver does not deter future offending, ment, most instructors aim higher. They want students
and in fact may increase crime among waived juve- to complete this course with the ability to take a more
niles. Researchers acknowledge that using waiver is thoughtful and critical approach to issues of crime and
an overly broad solution for juveniles that may have justice. The American System of Criminal Justice, Six-
specific issues that need addressing, and recommend teenth Edition, provides several features that help stu-
closer examination of blended sentencing options. In dents learn how to think about the field.
Technology and Criminal Justice, this chapter dis-
cusses sexting incidents among middle school and ●● Inside Today’s Controversies This new feature ex-
high school students occurring in 2016 and 2017. amines contemporary controversies as a means
School officials and police reaction to these incidents to gain new insights and challenge assumptions
are discussed, as well as the implication for juveniles about criminal justice. This feature also high-
who engage in such behavior. lights a variety of proposals to reform the criminal
Preface xxiii
justice system. These new boxes give attention to can cause harmful policy mistakes, mistreatment of
specific highly publicized examples that illuminate individuals by their fellow citizens, and mistaken ar-
police use of force, police–community relations, rests of innocent citizens. Thus this is an especially
President Obama’s commission to develop reform important topic for criminal justice.
proposals, the use of military equipment by police, ●● Debate the Issue and Implementing New Practices
the application of solitary confinement to juveniles Within the Close Up, Evidence-Based Practice and
in pretrial detention, and other current issues. Each Policy, and Technology and Criminal Justice fea-
of these features includes questions for students to tures, the book poses questions to students and asks
consider under the Critical Thinking and Analysis them to articulate arguments and analytical conclu-
segments that conclude each presentation. sions about controversies concerning criminal justice
●● Civic Engagement: Your Role in the System In order policies.
to gain a clear understanding of the inevitable, im- ●● A Question of Ethics Criminal justice requires that
portant, and varied ways that citizens influence decisions be made within the framework of law but
criminal justice policy and process, two Civic En- also be consistent with the ethical norms of Ameri-
gagement features in each chapter pose scenarios can society. At the end of each chapter, the A Ques-
and questions drawn from real-life examples. Stu- tion of Ethics activity places the student in the role
dents are asked to place themselves in roles as vot- of decision maker for actual situations presented in
ers, members of neighborhood organizations, jurors, newspaper reports. These examples promote criti-
members of citizen advisory committees, and a host cal thinking and analysis and offer students a more
of other real-life contexts where Americans make well-rounded view of what is asked of criminal jus-
decisions that impact criminal justice. For each situ- tice professionals every day.
ation they are asked to use their analytical skills to ●● What Americans Think Public opinion plays an
present reasons for a decision or other suggestions
important role in the policy-making process in a
related to policy problems.
democracy. As such, we present the opinions of
●● Stop and Analyze features after each Checkpoint Americans on controversial criminal justice issues as
pose critical-thinking questions and ask students to collected through surveys. Students are encouraged
concretely articulate arguments and analytical con- to compare their own opinions with the national
clusions about issues. perspective.
●● Close Ups Understanding criminal justice in a purely
theoretical way does not give students a balanced
understanding of the field. The wealth of examples
in this book shows how theory plays out in practice
and what the human implications of policies and
Supplements
procedures are. In addition to the many illustrations
in the text, the Close Up features in each chapter For the Instructor
draw on newspapers, court decisions, first-person
MindTap for Criminal Justice
accounts, and other current sources.
MindTap Criminal Justice from Cengage Learning rep-
●● Evidence-Based Practice and Policy To illustrate resents a new approach to a highly personalized, on-
criminal justice policies that have been proposed or line learning platform. A fully online learning solution,
are being tested, we include a box called Evidence- MindTap combines all of a student’s learning tools—
Based Practice and Policy in every chapter. These readings, multimedia, activities, and assessments into a
features discuss research-tested practices, such as singular Learning Path that guides the student through
those concerning patrol strategies, identification the curriculum. Instructors personalize the experience
procedures, and jury reform, so that students will be by customizing the presentation of these learning tools
prepared to face the new realities of criminal justice. for their students, allowing instructors to seamlessly
●● Criminal Justice and the Risk of Misinformation A introduce their own content into the Learning Path via
new feature in each chapter examines problems with “apps” that integrate into the MindTap platform. Ad-
inaccurate information spread by politicians, social ditionally, MindTap provides interoperability with ma-
media, and news media, as well as record-keeping jor Learning Management Systems (LMS) via support
and communication flaws within criminal justice for industry standards and fosters partnerships with
organizations. Students are challenged to be skepti- third-party educational application providers to pro-
cal of information until they make efforts to verify vide a highly collaborative, engaging, and personalized
that the information is accurate. Misinformation learning experience.
xxiv Preface
Online Instructor’s Resource Manual

Includes learning objectives, key terms, a detailed chap-
A Group Effort
ter outline, a chapter summary, lesson plans, discussion No one can be an expert on every aspect of the crimi-
topics, student activities, “what if” scenarios, media nal justice system. Authors need help in covering new
tools, a sample syllabus, and an expanded test bank developments and ensuring that research findings are
with 30 percent more questions than the prior edition. correctly interpreted. This revision has greatly ben-
The learning objectives are correlated with the discus- efited from the advice of two groups of criminal justice
sion topics, student activities, and media tools. scholars. The first group of reviewers teach at a wide
Online Test Bank range of colleges and universities throughout the coun-
Each chapter of the test bank contains questions in mul- try and have used previous editions of the text in the
tiple-choice, true/false, completion, essay, and new crit- classroom, so their comments concerning presentation,
ical-thinking formats, with a full answer key. The test levels of student abilities, and the requirements of in-
bank is coded to the learning objectives that appear in troductory courses at their institutions were especially
the main text, and includes the section in the main text useful. Reviewers in the second group we consulted are
where the answers can be found. Finally, each question nationally recognized experts in the field; they focused
in the test bank has been carefully reviewed by experi- their attention on the areas in which they specialize.
enced criminal justice instructors for quality, accuracy, Their many comments helped us avoid errors and drew
and content coverage, so instructors can be sure they our attention to points in the literature that had been
are working with an assessment and grading resource of neglected.
the highest caliber. The many criminal justice students and instructors
who used the Fifteenth Edition also contributed abun-
Cengage Learning Testing Powered by Cognero dantly to this new edition. Their comments provided
This assessment software is a flexible, online system crucial practical feedback. Many of them gave us their
that allows instructors to import, edit, and manipulate comments personally when we lectured in criminal jus-
test bank content from The American System of Crimi- tice classes around the country.
nal Justice test bank or elsewhere, including their own Others have helped us as well. Chief among them
favorite test questions; create multiple test versions in an was Product Team Manager Carolyn Henderson Meier,
instant; and deliver tests from their LMS, classroom, or who has supported our efforts. Our Senior Content De-
wherever they want. veloper, Shelley Murphy, provided invaluable comments
as we revised the book.
Online PowerPoint ® Lectures The project has benefited much from the attention
Helping instructors make their lectures more engaging of Senior Content Project Manager Christy Frame,
while effectively reaching visually oriented students, and Product Assistant Megan Nauer was invaluable
these handy Microsoft PowerPoint slides outline the in helping us develop the supplements. Marne Evans
chapters of the main text in a classroom-ready presenta- used her effort and skill to contribute to the copyedit-
tion. The PowerPoint slides are updated to reflect the ing process. As always, Greg Hubit used his managerial
content and organization of the new edition of the text, skills to oversee the project from manuscript submis-
are tagged by chapter learning objective, and feature sion to bound books. Joe Devine designed the inte-
some additional examples and real-world cases for ap- rior and Irene Morris designed the cover of the book.
plication and discussion. Debra Nichols made valuable suggestions in her role as
proofreader.
For the Student We acknowledge the reviewers for this Sixteenth
Edition, along with all who reviewed our previous fif-
MindTap for Criminal Justice teen editions. We are grateful for their contributions,
MindTap Criminal Justice from Cengage Learning and their valuable comments and suggestions for our
represents a new approach to a highly personalized, revisions. Ultimately, however, the full responsibility for
online learning platform. A fully online learning solu- the book is ours alone. We hope you will benefit from
tion, MindTap combines all of your learning tools— it, and we welcome your comments.
readings, multimedia, activities, and assessments into
Christopher E. Smith (smithc28@msu.edu)
a singular Learning Path that guides you through the
Christina DeJong (dejongc@msu.edu)
course.
CRIME AND THE CRIMINAL
PART 1 JUSTICE SYSTEM
T
Chapter 1 he American system of crimi- of legal codes, and the penalties
CRIME AND JUSTICE IN AMERICA nal justice is a response to for breaking laws. From defining
crime—a problem that has which behavior counts as criminal
Chapter 2
demanded the attention of all so- to deciding the fate of offenders
VICTIMIZATION AND CRIMINAL cieties throughout history. To un- who are caught, the process of
BEHAVIOR
derstand how the system works criminal justice is a social process
Chapter 3 and why crime persists in spite of subject to many influences other
THE CRIMINAL JUSTICE SYSTEM our efforts to control it, we need to than written law.
examine both the nature of crimi- By introducing the study of this
Chapter 4 nal behavior and the functioning process, Part 1 provides a broad
CRIMINAL JUSTICE of the justice system itself. As we framework for analyzing how our
AND THE RULE OF LAW shall see, the reality of crime and society—through its police, courts,
justice involves much more than and corrections—tries to deal with
“cops and robbers,” the details the age-old problem of crime.
Chapter 1
CRIME AND JUSTICE
IN AMERICA
CHAPTER FEATURES CHAPTER LEARNING OBJECTIVES CHAPTER OUTLINE
●● Evidence-Based LO1 Discuss how public policies on The Main Themes of This Book
Practice and Policy The crime are formed Crime and Justice as Public Policy
Challenges of Evidence- LO2 Recognize how the crime Issues
Based Practice: Quality control and due process Evidence-Based Practices
of Information and models of criminal justice help The Role of Public Opinion
Implementation us understand the system Contemporary Policies
●● Close Up New LO3 Be able to explain: “What is a Crime and Justice in a Democracy
Directions for Crime crime?” Crime Control versus Due Process
Policy in the Trump The Politics of Crime and Justice
Administration
LO4 Describe the major types of
Citizens and Criminal Justice Policy
crime in the United States
●● Criminal Justice Defining Crime
and the Risk of
LO5 Analyze how much crime there
is and understand how it is Types of Crime
Misinformation The Visible Crime
measured
Challenge of Identifying Victimless Crimes
Facts amid a Flood of Political Crime
Information Occupational Crime
●● Inside Today’s Organized Crime
Controversies Criticism Transnational Crime
of Justice System Cybercrime
Officials: Improper or The Crime Problem Today
Useful? The Worst of Times?
●● Technology and The Most Crime-Ridden Nation?
Criminal Justice Keeping Track of Crime
Transnational Trends in Crime
Cybercrime
Another random document with
no related content on Scribd:
alert, though fortunately nothing untoward happened. Next morning
we struck camp, and wandered up the river, camping again before
the sun was well above the horizon. This programme was repeated
for the following six days.
During this time we received almost daily reports from Ismail by
the hands of special messengers. These reports were couched in his
usual vacillating terms. One day he would send word that he was
coming on the following day with his safari for the purpose of
accompanying us back to Kenia, while the next message would state
that he had determined to buy more camels and go north to
Marsabit. We did not alter our six-day programme, but marched
slowly on.
For one thing, we had great difficulty in feeding the men, game
being scarce. We were naturally unwilling to kill sheep for food
except as a last resource, but turned our attention instead to
shooting.
On the afternoon of the third day I was lucky enough to hear from
a party of Burkeneji that a few giraffe were in the neighbourhood. I
saddled up the big mule, and, taking the Martini, sallied forth,
accompanied by a couple of men.
After a ten-mile tramp in a direction almost at right angles to the
river, I discovered a herd of seven or eight giraffe quietly feeding at
the base of a hill half a mile distant. I dismounted and examined
them through the binoculars. They had not observed me, but there
was no possible chance of my reaching them from where I was, as
the plain was quite open between us, and, in addition, I was dead
up-wind. Leaving the mule in charge of the two men, I made a long
détour on foot, which occupied me nearly an hour. Finally, by careful
stalking, taking advantage of every scrap of cover afforded by
dongas and thorn-bush, I got to leeward of them and about 250
yards distant. There was a gentle dip in the ground between myself
and my proposed quarry; I had reached a point on the summit of the
rise, while they were halfway up the slope on the opposite bank. In
spite of all my care, they were evidently aware of the presence of
danger, though they had not as yet located it. As they showed an
inclination to stampede, I determined, unsportsmanlike as it was, to
risk a long shot. I picked out the largest bull I could see and banged
off at him. They immediately made off, and though I had distinctly
heard the thud of my bullet, I saw no sign of weakness on the part of
the beast I had hit. They galloped away to the top of the opposite
rise, and from there sighted the two men with the mule. They
doubled sharply back, and bore down straight for the spot where I
was glued to the earth behind a small tuft of grass. When they had
approached to within thirty yards, they became aware of my
presence and turned off to my left. As they did so, the old bull gave
me a capital shoulder shot, of which I was not slow to take
advantage. He seemed to take no notice whatever of it, but, to my
great disappointment, disappeared with the others among the trees
which covered the lower slopes of a small hill on my left. I set off in
chase, but before I had gone many yards I heard the crash of a
heavy body, breaking trees and branches in its fall. Hurrying to the
spot, I found my giraffe, dead. There were two wounds in its body,
one in the stomach, evidently my first shot, and the other fairly
through the shoulder. I found, on cutting the beast up, that my
second bullet had smashed through the shoulder-blade and ribs, and
then, having been slightly flattened, had passed clean through the
heart, tearing a great hole in that organ, and then passing through
the ribs and shoulder-blade on the opposite side, it lodged under the
skin, where it formed a small lump, which was distinctly visible from
the outside.
In spite of the extensive nature of its injuries, the stricken giraffe
had galloped over a hundred yards without giving any sign that it
was hurt. With regard to the injuries themselves, I do not think the
most expensive express rifle made would have done better. Certainly
the Martini is a wonderfully useful all-round weapon.
As my two men with the mule had not turned up by the time I had
concluded my examination of the giraffe, I went to look for them.
They were not on the spot where I left them, neither could I get any
answer from them, though I shouted myself hoarse. I therefore made
my way back to the small hill I have mentioned and climbed to the
summit. From there I got an extended view of the country, but
nevertheless I could not see a sign of the men. I shouted, but my
voice was lost in space. I had a syren whistle with which I was in the
habit of summoning the men; but though I hooted and screamed
through it like the cry of a lost tug-boat, nothing resulted.
I gazed round the empty landscape with a feeling akin to
desperation. The sun was sinking fast, and I stood a very good
chance of passing the night ten miles from camp and supper, alone
on the hillside with the body of the giraffe. Once more I wailed on the
syren whistle, but there was no answer beyond the chirrup of a
frightened bird.
At length I saw them loafing around about 800 yards away. I
redoubled my shouting and whistling, but they did not seem to hear
me. As a last resource, I laid down, and, taking aim with the Martini,
planked a bullet in the sand within fifty yards of them. Their attention
was immediately aroused, and they gazed about trying to locate my
direction. Another shot gave them the information they required, and
they immediately started to rejoin me. Leaving one man safely
ensconced in the branches of a tree as a guard over the giraffe, I
returned with the other to camp, which I did not reach till long after
night had fallen.
On arrival, I despatched half a dozen men, with water and the
means of lighting a fire, to guard the dead giraffe from the hyænas,
and possibly lions. Barri, I found, had returned to our camp and
thrown himself on our mercy. He was informed that he might be
perfectly easy in his mind, as we should not give him up to Ismail on
any account, for which consideration he was extremely grateful.
During the night we were troubled again by lions, who prowled round
the camp, doubtless attracted by the sheep.
We moved up the river a little further on the following morning,
and, camping early, sent the majority of the men to cut up the giraffe.
We found the meat horribly tough and tasteless, but we struggled
with it somehow. Even the men did not take kindly to it. The marrow
bones, which were very large, we first roasted over a fire, and then,
breaking them with an iron bar, ate their rich marrows with a
teaspoon. It was very well flavoured, and much appreciated.
On the opposite bank of the Waso Nyiro was a small village of
mixed Rendili and Burkeneji, the elders of which paid us a visit
during the course of the day. They brought us four sheep as a
present, and in return we gave them the remainder of our stock of
beads and some cloths, with which they were delighted. They left us
in the evening, and as a special honour, and to secure them from the
attacks of crocodiles while crossing the river, El Hakim lit a blue flare,
and giving it to the awestruck chief, he and his followers departed. It
was very amusing to see the way the chief held it. He was half afraid
of it, but did not care to show as much before his followers, so he
held it at arm’s length, shuddering with apprehension every time it
dropped a few sparks.
On the morning of September 29th, it being the sixth day
subsequent to Ismail’s accident, we considered our obligation to
linger in the district at an end. Scarcely had we come to that decision
when a messenger from Ismail brought word that the Somalis had
finally decided to go north to Marsabit. On hearing this message, we
sent our blessing to Ismail, which, I expect, got the messenger into
trouble—that is, if he ventured to deliver it, which I doubt—and we
started for M’thara in earnest. We passed the hill which had
occasioned George and myself so much trouble on our journey down
the river, passing between it and the river by a narrow path which
wound round its southern scarp. We halted at a boma that we found
near the river, which had been built by Ismail on his journey to the
Rendili.
The men reported a hippo in a pool some way up the river, and we
accordingly went forth to slay it. We found the pool at the lower end
of the rapids, which extend from the foot of the Chanler Falls for
nearly a mile below. We found the hippo there, and George banged
at it with the 8-bore. It was the first time this weapon had been used
during the trip, and George, being unfamiliar with the sighting,
missed the brute’s brain, merely drilling a hole in its skull and
stunning it. It never gave us another chance, so we had to leave the
pool without our hippo.
On the way back to camp we sighted two giraffe on the other side
of the river, which were coming down to the water’s edge to drink. I
took a shot at 200 yards with the ·303 and wounded the foremost,
which immediately dashed away, followed by its companion. Being
unwilling to let it go, I jumped into the river, which, though the current
was very swift, was at that point not more than four feet in depth.
Followed by two or three of the men, I waded across and resumed
the chase of the wounded giraffe. I found it a few hundred yards
further on, and planked another solid bullet into it, which had the
effect of once more starting it off at a gallop.
This went on for a mile or two, the giraffe stopping every now and
then for a rest, and on receiving another shot, making off again.
Finally it forced its way into a patch of thick bush interlaced with a
large number of prize specimens of the terrible wait-a-bit thorn. I did
not attempt to penetrate this bush in like manner, but went round it
instead, seeking for a more favourable entrance. While doing so, I
heard the familiar crash of a falling body, and being then satisfied
that my quarry had at last succumbed, I attempted to retrace my
footsteps.
In the excitement of the chase I had carelessly neglected to take
any bearings, leaving that part of the business to the men who
accompanied me when I dashed across the river. When I turned to
speak to them, I found that not one of them was near. The long
chase not being to their liking, they had turned and sneaked back
long before. Two little A’kikuyu boys had alone remained, so I
directed them to take me back to camp by the shortest route. They
protested they did not know the way, however, so I was compelled to
take the lead and to try to find it myself.
It was fast growing dusk, and as I hurried on I pictured to myself
the discomforts attendant on a night passed in the fork of a tree. I
was once lost in the bush for twenty-four hours while after sable
antelope in Mashonaland, and I had no wish to repeat the
experience. After an hour of climbing and scrambling, I once more
reached the river, but alas! at a point far below our camp. The river
at this place flowed through numerous narrow channels between
great boulders of pink gneiss, and it seemed as if there would be a
possibility of crossing by jumping from rock to rock, though it was
rather a dangerous proceeding, the rocks being rendered as smooth
and polished as glass by the constant action of the water. However, I
stripped and attempted the crossing. When I say I stripped, I mean
that I removed my boots and socks, as I had not much else on in the
way of clothing; a thin cotton vest, and a coloured cloth worn
petticoat-wise, completing as airy and cool a costume as one could
wish for in that beautiful climate. I slipped and fell once or twice,
though fortunately I sustained no injury, and half an hour later I
reached camp, tired but happy, and dined sumptuously on a guinea-
fowl.
At daylight the following morning we sent the men to cut up the
giraffe; but they returned in an hour, saying that they were unable to
find it. Judging from the way they complained of the other one I shot,
I do not think they were over-anxious to do so.
Setting off once more on our march up the river, we camped soon
after midday, and sent men out to search for game. Presently one
man returned with the report that a solitary hippo was disporting itself
in a rocky pool a little distance away. We adjourned to the spot, and
on our arrival sat down to watch. In a moment or two a faint ripple
disturbed the surface of the water, and under an overhanging rock
on the opposite side of the pool appeared two red nostrils covered
with coarse black hair. We held our breath and waited. In about
twenty seconds they disappeared as suddenly and as silently as
they had come into view. We waited for over an hour in the hope that
the brute would expose its head and thus give us an opportunity for
a decisive shot. But nothing occurred beyond the periodical
appearance and disappearance of the nostrils on the water-line to
indicate the presence of the huge body below. At length, as the head
did not emerge, we held a whispered consultation, and El Hakim and
I decided to cross the river in the hope of obtaining a shot from the
opposite bank, leaving George on the look-out. We accordingly
made our way down-stream to where the river, running over gravel
banks, became shallower. Stripping to our shirts, we waded across
breast-deep. Arrived on the other side, we cautiously made our way
to a spot opposite George, and directly above the place where the
hippo came to the surface to breathe. Half an hour passed while we
stood still and silent as statues, with our soaked shirts flapping round
our bare legs. Suddenly, unnoticed by George and myself, the hippo
came to the surface a little further out in the pool. El Hakim, however,
saw it instantly, and quick as thought sent a ·577 bullet through its
head. He had not time to place the rifle to his shoulder, and in
consequence his finger was torn by the heavy recoil. He succeeded,
however, in his object, which was either to kill or momentarily stun
the hippo. Presently the water in the pool became violently agitated,
and soon the immense beast rolled over on the surface, and I
immediately gave it its quietus with a bullet through its brain.
Our waiting men gave vent to a yell of delight, and rushed down to
secure the carcase; but, to their dismay, before they could reach it
the current washed it away and wedged it tightly between two rocks
at the top of the small waterfall which gave exit to the pool. The
pressure of the water on the body was very great, but the men
needed food so badly that we made the most Herculean efforts to
dislodge it by the aid of ropes and poles. After an hour’s hard work,
we managed to free it, only to be thrown into the utmost
consternation by the body sinking immediately to the bottom of the
next pool. The men flatly refused to go into the water to look for it, as
there were all sorts of queer holes in the rocks into which one could
have been washed by the current and crushed or drowned, and in
addition, there was the ever-present fear of crocodiles.
We sounded with poles till our arms ached, and were about to give
up in despair when one or two of the men, bolder or more hungry
than their fellows, jumped in and attempted to dive. Suddenly one of
them came to the surface with a joyful shout, saying he had found
the carcase at the bottom of the pool in ten feet of water. We gave
him the end of a stout line in order that he might dive again and
make it fast to one of the feet. This he attempted to do, but after
repeated trials he confessed himself beaten.
There being no other help for it, I undertook the task myself, and at
the third attempt, after a lot of manœuvring in the swift current, I
succeeded in making the line fast round one of the legs just above
the foot. Success at last seemed certain, and by dint of pulling gently
on the line, we at length raised the body slowly to the surface. The
excited men raised a shout of joy, which died away in a wail of bitter
disappointment as the frail rope parted and the hippo sank once
more to the bottom of the pool. I was by this time almost exhausted
and shivering with cold, but again I essayed the task of making the
rope fast, and eventually succeeded, and at length, by steady and
persistent pulling on the untrustworthy line, we drew the body ashore
just as the dusk fell.
The men at once set to work with their knives, and very shortly the
cooking-pots were bubbling merrily away, and our hungry followers
proceeded to gorge themselves on the meat; a congenial occupation
which commanded their earnest attention until the early hours of the
following morning.
FOOTNOTES:
[16] The Bongo of the Bahr el Ghazal also bury their dead in
the sitting position, covering the body with logs and branches
instead of stones.
CHAPTER XVII.
ARRIVAL AT M’THARA.
In sight of Kenia once more—El Hakim and the lion—The “Green

Camp” again—The baby water-buck—El Hakim shoots an
elephant—The buried buffalo horns destroyed by hyænas—Bad
news from M’thara—Plot to attack and massacre us hatched by
Bei-Munithu—N’Dominuki’s fidelity—Baked elephant’s foot—Rain
—Arrival at our old camp at M’thara.
On resuming the march up-river next morning, we found the road
much better than on our journey down the opposite bank. It lay over
firm gravelly ridges, littered with quartz débris dotted here and there
with scattered thorn bushes. Now and again we crossed patches of
mineral salts, some of which we boiled down in the endeavour to
obtain some table salt, but the resulting compound tasted more like
the nauseous mixtures administered by the family physician in our
childhood’s happy days than anything, and was in consequence
utterly useless for table purposes.
During the next few days we did not keep rigidly to the Waso
Nyiro, but cut across many of the curves, occasionally camping miles
away from the river, obtaining the necessary water by digging in the
beds of the numerous sand rivers, when it was generally found not
far below the surface, in small quantities it is true, but sufficient for
our needs if we dispensed with washing. This was the easier as we
were quite without soap, and a wash without soap is an
unsatisfactory performance anyhow.
Once or twice we caught a glimpse of Kenia far away to the
southward. It seemed like an old friend, and its appearance was
always greeted with a cheer from the men, followed by a spasmodic
burst of energy, for, resettling their loads on their shoulders, they
would step out with renewed vigour, as if anxious to reach it at once,
but after a few minutes their suddenly awakened enthusiasm would
vanish, and they would relapse once more into the listless but steady
gait of men wearied by continuous travel.
The appearance of Kenia at that distance was grand beyond the
power of expression. The wonderful peak, crowned with patches of
purest white snow, sparkled like an immense diamond in the brilliant
sunshine, an effect further accentuated by the perfect background
afforded by the deep clear blue of a cloudless sky. Even were I gifted
with the pen of a poet or the brush of an artist, I should hesitate in
the attempt to adequately depict that magnificent temple of nature,
rearing its stately head heavenwards, and bearing a silent and
convincing testimony to the glory of the Creator.
On October 3rd we crossed the Waso Nyiro once more. Game
was still scarce, an occasional water-buck or rhinoceros forming our
only sustenance. Even that limited selection failed us at times, and
we were compelled to kill some of our cattle for meat. We yearned
for vegetable food, as only those who have lived for the best part of
two months exclusively on meat, without salt, can yearn. The
monotony of boiled meat, roast meat, fried meat, and boiled meat
again, must be experienced to be fully understood.
Two days after crossing the river we passed our old “Swamp
Camp,” where the midges so annoyed us. We made a “telekesa”
march on that day, however, and our second march took us beyond
the swamp. We camped at sundown on a spot very close to the river
—only a few yards from the water’s edge, in fact. We disturbed a
pack of wild dogs in so doing, and they dashed off with the speed of
greyhounds. George banged at them and wounded one, but it got
away, though it was very probably devoured by the rest of the pack
soon afterwards. They were jet black in colour, with long bushy tails
tipped with white. They appeared to be very well-formed, speedy
animals, and in the pink of condition.
As usual we built a boma for the sheep, and George and I had our
tent pitched, but El Hakim preferred to sleep in the open, so his bed
was placed a yard or so away from our tent. After we had eaten we
retired to rest, posting a sentry a few yards away. At about 2 a.m.
George and I were aroused from sleep, and considerably startled, by
a yell from El Hakim, followed by a rushing sound as the sheep
broke down their boma and stampeded, amid the excited shouts of
the awakened men. Rushing out of our tent, we saw El Hakim, rifle in
hand, peering into the darkness on the left, the tails of his shirt, his
only garment, fluttering in the breeze. It appeared that he was
peacefully sleeping and doubtless dreaming of home and beauty, or
maybe of the two boxes of provisions we had left at M’thara, when
an agonized whisper from the sentry smote upon his ear. He awoke
instantly, and opening his eyes ... gazed full into the face of a full-
grown lion which was standing by the side of his bed critically
examining him, probably from a gastronomical point of view. El
Hakim, with a rapidity born of long experience, rolled out of bed on
the opposite side and groped for his rifle, at the same time uttering
the startled cry which had aroused the camp. When George and I
appeared, the lion had already fled, and we found El Hakim
bemoaning his luck at not getting a shot, instead of being profoundly
grateful that the lion had not taken him with him when he departed.
It took the men a couple of hours to get the startled sheep together
again. On examining the lion’s spoor, we found that it had walked
right through the camp, having apparently carefully threaded its way
among the recumbent bodies of the sleeping porters.
On the next march the sheep showed signs of fatigue, so we
camped early. We sent a couple of men on to M’thara to report on
the attitude of the natives, and also to come back and meet us with
the two provision boxes. On the following day we once more
negotiated the “cinder-heap,” and just before sundown reached the
“Green Camp,” after a rather forced march. Ramathani surprised a
baby water-buck asleep in the grass, and after a smart chase ran it
down and captured it. He proudly brought it to El Hakim, who
determined to make an effort to rear it. He therefore extemporized a
feeding-bottle from a tumbler and a piece of rubber tubing from his
surgical case, while the ink-filler of his fountain pen provided both a
piece of glass tube and a teat. The stupid little beast did not
appreciate his well-meant efforts, however, and absolutely refused to
suck. It was eventually provided with a meal by the combined efforts
of the three of us. I held it still, George forced its mouth open, while
El Hakim poured the milk drop by drop down its throat with a
teaspoon, though during the operation it did not seem at all grateful
for the care so lavishly bestowed upon it.
During the afternoon George shot a rhinoceros. I also wished to
shoot another rhino or two, and determined to stay in the “Green
Camp” for another day for that purpose, while El Hakim and George
went on with the bulk of the safari and the animals. By making a
forced march I could overtake them on the second day at our old
“Buffalo Camp.” In addition, I was anxious to shoot a few grantei,
and so lay in a stock of meat for the use of the men until we were
able to purchase food in M’thara.
Accordingly, the following morning El Hakim and George went on,
while I sallied out on sport intent. Crossing the little stream which
flowed round two sides of the camp, I made my way towards the
Waso Nyiro. Five hundred yards away from camp I reached the path
usually taken by the game when going down to drink at the river. The
grantei, as I knew from previous observation, usually came down at
ten o’clock in the morning; so at a quarter to ten I concealed myself
behind the trunk of a thorn tree, stretching myself out at full length
upon the ground, a most uncomfortable position, as the ground was
strewn with little knobs of rock firmly embedded in the soil. When I
did venture to remove some loose pieces that inconvenienced my
elbows and knees, I disturbed a few colonies of tiny ants, which,
although they did not bite, crawled all over me in a most
uncomfortable manner. I had lain there about half an hour, when my
patience was rewarded by the sight of the advance guard of the
grantei army advancing steadily in my direction. They were led by a
noble-looking buck, who displayed a magnificent pair of horns. He
was a little suspicious, and hesitated whether to come on or not. I
was very carefully concealed, and as I kept perfectly still, he finally
conquered his distrust, and once more advanced, followed by the
remainder of the herd. Waiting my opportunity, I banged at him at
forty yards, and dropped him with a dum-dum bullet through the
heart. The others ran this way and that, not knowing from which
quarter the danger had come, as I still kept carefully out of sight. The
consequence was that I secured two others, as handsome as the
first, with the expenditure of only two more cartridges. As I now had
enough meat, I stayed my hand, and did no further execution,
though, had I been so disposed, I might have secured at least a
dozen from the herd before they finally recovered from their
confusion and took to flight.
MR. G. H. WEST (“GEORGE”).
RHINOCEROS SHOT BY GEORGE. (See page 293.)
Of course, as I particularly wished to secure a couple of

rhinoceros, there were none to be seen, though at the “Green Camp”
they were usually as plentiful as could be desired. After a fruitless
search, I returned to camp at midday, and then despatched half a
dozen men in as many directions to look for one. The afternoon
passed without result, but just as the declining sun approached the
horizon two of the Wanyamwezi came in and reported a rhinoceros
feeding about a mile away. Taking Barri with me, I started off in
pursuit. In a quarter of an hour we got the beast’s spoor, and
followed it till it led us into a belt of trees and out the other side into
an open space in the bush. In the centre of this open space was a
small eminence, and on the top of the eminence stood our rhino,
who had evidently heard or scented us, and now stood snorting and
stamping in preparation for the opening of hostilities. Taking the
Martini from Barri, I worked round to one side of my quarry and took
up a position in the open within forty yards. A couple of seconds later
a bullet caught her—it was a female—fairly in the shoulder, but a
little too far forward. Round she came and charged me, but another
shot in the face caused her to change her mind. As she swerved a
third bullet took her in the ribs, and she set off at a gallop, squealing
like a gigantic pig. She ran for a matter of a couple of hundred yards,
and then stood quite still in an attitude of profound thought; finally,
she laid down as if she had resolved to sleep, as the result of her
cogitation, and when I got up to her she was dead. The horns were
fairly long, but badly scratched and chipped, she being evidently a
very old beast. Her body was covered with the scars of numerous
conflicts with others of her kind. After a struggle I succeeded in
hacking off the horns with my hunting-knife, El Hakim having taken
our only remaining axe away with him in the morning.
When I got back to camp, I found five men who had been sent
back by El Hakim to carry any meat I might have shot. They told me
that El Hakim had shot a solitary elephant they had met on the road
in the morning. The next morning I started early, and, after a stiff
march, reached the place at which the others had camped on the
previous evening. The remains of their fires were still hot. I passed
the body of the elephant on the way. It appeared to be a young bull,
and the hyænas and vultures between them were making short work
of the carcase. After a couple of hours’ halt I resumed the march,
and after another hard tramp lasting three hours I reached the
“Buffalo Camp,” tired out. George had had a slice of luck, as he had
secured a very fine impalla (Æpyceros melampus) on the road. The
horns were slightly over twenty-eight inches, which is, I believe, as
good as it is possible to obtain.
A great disappointment awaited us here. On going to the ant-hill in
which I had buried the buffalo horns, we found that, in spite of the
ants, the hyænas had disinterred and utterly destroyed them. My
large pair were gone, and also the other two pairs buried with them,
there being nothing left beyond a few splinters of bone. The baby
water-buck died in the evening, having steadfastly refused to feed
since its capture, and resisting to the utmost of its power our well-
meant efforts to help it.
During the next day’s march we met the men whom we had sent
to M’thara four days before. To our immense satisfaction, they bore
the two boxes of provisions which had occupied our thoughts for so
many weary days. They were about to tell us something concerning
hostile natives at M’thara, but we had motioned them away, desiring
that nothing, especially bad news, should interfere with our first
civilized meal, and so detract from our enjoyment. Ordering a halt,
we got to work with a screw-driver while the tents were being
erected. Ramathani exerted himself, and in an incredibly short time a
steaming pot of oatmeal porridge awaited our attention. After two
months of meat, that oatmeal tasted as never oatmeal tasted before.
When it was finished, Ramathani brought us some broiled zebra
collops, and with mustard, pepper, and a bottle of Worcester sauce,
they made a dish fit for a monarch. There were also biscuits, jam,
and a couple of tins of butter, and as a wind up, we opened a pound
tin of mincemeat, and, passing the tin round, ate it with a spoon. To
crown our enjoyment, a box of cigars and a bottle of vermouth were
discovered, and as we inhaled the first smoke for weeks we would
not have changed places with anybody.
At the conclusion of the banquet we felt sufficiently fortified to hear
the news brought by our men from M’thara. They were therefore
summoned and cross-questioned for over an hour. The result of the
examination was even worse than we had anticipated, and sufficed
to change our thoughts from the optimistic attitude they had
assumed to one of most anxious and gloomy foreboding. Summed
up, the situation was this. We required a large quantity of food for
our journey round North and West Kenia, which is uninhabited.
There was, we discovered, a famine in M’thara, as, unfortunately, the
bean-crop had utterly failed for want of rain. There was, on the other
hand, plenty of food in Munithu and Zura, as the famine did not
extend to those districts. In the ordinary course of events we should
have bought food there, but to our amazement and indignation we
heard that during our absence on the Waso Nyiro both Dirito and
Bei-Munithu had turned traitors, and were now bitterly hostile to us,
absolutely refusing to supply us with food. Their change of front had
the effect of bringing together all the other chiefs in North-East
Kenia, with the single exception of N’Dominuki, and they had, in
solemn conclave assembled, formed an offensive and defensive
alliance against us. The reasons for this attitude were not hard to
find. Our reverse in Embe, and Jamah Mahomet’s death, followed by
the death of Sadi ben Heri and his companions and the capture of
their guns in N’Dakura, and, lastly, the terrible massacre of the bulk
of Ismail’s men on the road to Dhaicho, had occasioned a great loss
of prestige, and prepared the native mind for what was to follow.
During the deliberations, and while matters hung in the balance, one
of our men who had deserted on the Waso Nyiro turned up, and
when taxed by Bei-Munithu with being a deserter he denied it, and
declared that the Wasungu were all dead, having been killed in a
fight with the Burkeneji, and only a few porters had got away with
their guns and some of the trade goods, and were now returning to
M’thara. Some colour was lent to his story by the reappearance in
Embe of the three camels belonging to El Hakim, whither they had
wandered after straying from us nearly six weeks before. This was
considered by Bei-Munithu to be a capital opportunity to annex the
numerous loads deposited in N’Dominuki’s charge. That true friend,
however, refused to entertain the suggestion, saying that he did not
believe the Wasungu were dead, in spite of the deserter’s story, and
the circumstantial evidence of the camels. He stated, furthermore,
that he did not intend to give them up, even if the Wasungu were
dead, as other white men would soon come into the country and
demand an account of the loads in his charge. Bei-Munithu then
formed a coalition of all the petty chiefs of North-East Kenia, for the
purpose of waylaying and massacring any safaris who should in the
future endeavour to enter the country, a plan to which N’Dominuki
steadfastly refused to lend his aid.
From an agreement to attack our supposed surviving porters, to
another agreement to attack the Wasungu themselves, should they
be alive, was but a step, and an easy step at that. Bei-Munithu was
evidently the moving spirit of the combination. He was reported to
have said that the Wasungu’s bullets did not hurt, and as he had
formerly been the friend of the Wasungu, he was supposed to speak
with some authority on the subject. “Even if the Wasungu are not
dead,” said this wily old reprobate, “we can just as easily take their
goods when they do return. If they are dead, so much the better; and
if they are not, they soon will be,” he continued; and in that case the
question of the annexation of our goods would have been speedily
solved. It seemed that this course was eventually decided upon by
the A’kikuyu. Without a doubt things all round looked uncommonly
gloomy, the only bright spot in the whole murky aspect being
N’Dominuki’s unswerving fidelity. The situation required great
firmness and tact in handling, as we wished to get out without further
fighting, the Snider ammunition being almost exhausted. On
consideration, we determined that if we were compelled to fight, we
would make a good fight of it, and punish the enemy as heavily as
we knew how, otherwise the next unfortunate safari coming into the
district would stand a very poor chance.
An incident in connection with the strayed camels occurred at
M’thara, which, while it amused us at the time, had its serious side
also. When we left M’thara for the Waso Nyiro, we had left an
M’Kamba porter, who had injured his leg and was unable to walk,
with N’Dominuki. He retained his gun and half a dozen cartridges for
protection. When the camels strayed into Embe, some of the
inhabitants brought them down to N’Dominuki and offered them for
sale. He recognized them as ours, and refused to have anything to
do with them. Our gallant M’Kamba, however, demanded that they
should be given up to him, as the Wasungu’s representative, which
proposal the Wa’Embe treated with scorn. The M’Kamba thereupon
brought out his rifle and fired into them, shooting one man through
the thigh. The serious side of the question now obtruded itself,
inasmuch as it was not an Embe man whom he had so rashly
wounded, but a native of M’thara who happened to be standing near;
and old N’Dominuki had to pay one of our cows and two of our
sheep in order to square the injured man and his indignant friends
and relatives!
As we had heard and also read much about the excellence of
baked elephant’s foot, we thought we would give it a trial. To that end
El Hakim had preserved one of the feet of the elephant he had shot
two days previously. To the best of our knowledge, the proper way to
cook this alleged delicacy was to dig a hole in the earth and build a
fire in it. When there was a sufficient quantity of hot ashes, the foot
was placed in the hole among them, covered up with earth, and left
for a few hours. Ramathani was therefore instructed to dig a hole
and build a fire, which he accordingly did, and when the ashes were
ready the foot was placed inside. It was disinterred in time for
supper, after it had been cooking some eight hours, but to our
intense disgust and disappointment it was quite uneatable. It was of
the most indiarubber-like consistency, and after blunting my hunting-
knife on the knuckle-bones in our efforts to carve it, we gave it up as
a bad job. I tried to cut it afterwards with an axe, but could make no
impression on it worth mentioning, as the axe bounced off. We
concluded that it was not sufficiently cooked, and determined that
there should be no such mistake in our next attempt—always
supposing that we caught another elephant.
Some smart showers of rain made their appearance during the
evening, which did not tend to improve the condition of the sheep.
They had experienced no rain for three years, and we were very
doubtful of the effect of the wet and the attendant cold on their
constitutions.
Our next march, we calculated, would take us right on to our old
camp at M’thara. On the following morning, after two and a half
hours’ tramp, we halted for breakfast. As we were preparing for
another move a terrific thunderstorm came on, and in a very short
space of time drenched everybody and everything. We took shelter
under the trees from the blinding torrents of rain, hoping that it would
soon cease. It did nothing of the kind, however, and after we had
endured it for over an hour we decided to put up the tents and camp
for the remainder of the day. Getting the tents erected was a terrible
task. They were soaking wet and heavy as lead, and the violent gale
which accompanied the storm caused them to thrash and flap about
in a most aggravating way. The rain poured harder than ever, and
soon converted the surface of the ground into a filthy bog. The water
dribbled down the backs of our necks and up the sleeves of our
coats in a manner we found most exasperating. After an hour’s hard
work we got both tents up and trenches dug round them; and then,
of course, the rain ceased, the wind dropped, and the sun appeared
from behind the clouds and shone brilliantly. It was, however, too late

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The American System of Criminal

Justice 16th Edition George F. Cole

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THE AMERICAN SYSTEM OF

C H RIS TO PHER E. SM ITH

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The late George F. Cole, Ph.D., was Professor Emeritus of

Trained as a lawyer and social scientist, Christopher

Christina DeJong, Ph.D., is Associate Professor of Criminal

PART 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1

PART 2 POLICE 195

PART 3 COURTS 385

PART 4 CORRECTIONS 555

PART 5 THE JUVENILE JUSTICE SYSTEM 739

PA RT 1 CRIME AND THE CRIMINAL JUSTICE SYSTEM 1

CIVIC ENGAGEMENT: Your Role in the System 85

5 POLICE 196 6 POLICE OFFICERS

TECHNOLOGY AND CRIMINAL JUSTICE: Ransomware: Plain View Doctrine 351

10 PROSECUTION AND DEFENSE 424 Jury 490

12 PUNISHMENT AND SENTENCING

11 DETERMINATION OF GUILT: PLEA

The Sentencing Process 541 Attitudes and Values of Judges 547

Assaultive Behavior and Inmate Characteristics 689

PA RT 5 THE JUVENILE JUSTICE SYSTEM 739

Criminal justice is a complex subject encompassing

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In sight of Kenia once more—El Hakim and the lion—The “Green

Of course, as I particularly wished to secure a couple of

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