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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

Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States

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The American System of Criminal Justice, © 2019, 2017 Cengage Learning, Inc.
Sixteenth Edition
George F. Cole, Christopher E. Smith, and Unless otherwise noted, all content is © Cengage.
Christina DeJong
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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

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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

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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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
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vi Contents

CIVIC ENGAGEMENT: Your Role in the System 85


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
A QUESTION OF ETHICS 91
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
CIVIC ENGAGEMENT: Your Role in the System 156
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
CIVIC ENGAGEMENT: Your Role in the System 101
 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
CIVIC ENGAGEMENT: Your Role in the System 142
Summary 192
A QUESTION OF ETHICS 143
Summary 143

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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
CIVIC ENGAGEMENT: Your Role in the System 285
Police and the Community 231 Crime and the Impact of Patrol 286
EVIDENCE-BASED PRACTICE AND POLICY: Evidence-
The Future of Patrol 287
 Based Practices and Issues with Mental Illness 232
A QUESTION OF ETHICS 288
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
CIVIC ENGAGEMENT: Your Role in the System 238
MISINFORMATION: Erroneous Retweets 296
A QUESTION OF ETHICS 240
Policing and New Technology 296
Summary 240
The Challenge of New Crimes 297

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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
CIVIC ENGAGEMENT: Your Role in the System 362
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
EVIDENCE-BASED PRACTICE AND POLICY: Evidence-
Internal Affairs Units 337
Based Practices in Identification Procedures 372
Civilian Review Boards 337
CIVIC ENGAGEMENT: Your Role in the System 372
CIVIC ENGAGEMENT: Your Role in the System 338
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
A QUESTION OF ETHICS 341
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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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
A QUESTION OF ETHICS 420
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


CRIMINAL JUSTICE AND THE RISK OF
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
CRIMINAL JUSTICE AND THE RISK OF
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
CIVIC ENGAGEMENT: Your Role in the System 520
CIVIC ENGAGEMENT: Your Role in the System 465
Forms of the Criminal Sanction 521
A QUESTION OF ETHICS 465
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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
A QUESTION OF ETHICS 611
Development of Corrections 560
Summary 611
Invention of the Penitentiary 561

14 COMMUNITY
CRIMINAL JUSTICE AND THE RISK OF
 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
CIVIC ENGAGEMENT: Your Role in the System 577
CIVIC ENGAGEMENT: Your Role in the System 623
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

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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
CIVIC ENGAGEMENT: Your Role in the System 719
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
EVIDENCE-BASED PRACTICE AND POLICY: Evidence-
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

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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
CIVIC ENGAGEMENT: Your Role in the System 772
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
A QUESTION OF ETHICS 776
The Juvenile Rights Period (1960–1980) 750
Summary 776
The Crime Control Period (1980–2005) 752
The “Kids Are Different” Period (2005–Present) 753
CRIMINAL JUSTICE AND THE RISK OF
 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
CIVIC ENGAGEMENT: Your Role in the System 764

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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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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,

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

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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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Joe Raedle/Getty Images

T
  he sound of gunfire shattered the relative calm in the Ft. Lauderdale,
Florida, airport, in the early afternoon of January 6, 2017. Minutes ear-
lier, Estaban Santiago, a 26-year-old New Jersey native who lived in
Alaska, had retrieved his suitcase from the checked baggage carousel, went
into the bathroom to remove a handgun from his luggage, and then came
back into the baggage area, firing randomly at people in the vicinity. He
killed five people and wounded six others, while dozens of people suffered
minor injuries diving for cover to avoid the gunshots (Gomez, 2017). When he
used up all of his bullets, Santiago lay face down on the floor, with his arms
spread out, and waited for police officers to arrest him. He was charged with
causing death at an international airport, which could lead to the death pen-
alty under federal law (Gomez, 2017).
As frightening an event as this shooting was, it was not a typical crime.
Thefts and burglaries occur every day. Computer hackers steal financial in-
formation on a daily basis. Yet apparent indiscriminate attacks, such as the
Ft. Lauderdale airport shooting, are the kinds of incidents that can influence
people’s perceptions about crime. When significant news media coverage
reports unexpected, seemingly random violence in which individuals are put
at risk of death by a complete stranger, people’s fears may affect their as-
sumptions and behavior. They may become suspicious of certain people or
avoid being in public at certain times and places. Such violent incidents also
raise questions about how American society should respond in order to pro-
tect its citizenry and institutions against dangerous events. Think about the
possible questions that are raised by the Ft. Lauderdale shooting:
●● To what extent are Americans at risk of mass shootings in public places?
How common are these events? Is there reason to be afraid whenever
one leaves home?

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Another random document with
no related content on Scribd:
"Captain Fortescue, I have come to bring you that. It is
something which I think—I hope—you will be very glad to
get."

He took the box in his hand but did not open it.

"What is it?" he asked. "Do sit down, Miss Douglas."

He noticed how agitated she was, and he wondered


what had caused her to be so.

"Have you not lost something?" she asked.

"Only an umbrella," he said, laughing. "I lost one last


week; but that can't be in here."

"No," she said, "it was much longer ago. Think, Captain
Fortescue; did you never lose a letter that you wanted very
much to find? Was a letter never stolen from you by some
one? And have you not tried in all ways to find that letter,
but in vain?"

He understood now: all the colour had faded from his


face. Was it possible, could it be that his father's letter had
been found—and by her?

"Is it in this box?" he asked.

"Yes; I do hope it is the right one. Will you open it and


see?"

He cut the string which she had knotted tightly round it:
he drew out the paper; he saw his father's well-known
irregular handwriting.

Yes, it was evidently the letter which he ought to have


found in that envelope in the safe, the envelope of which
was still in his possession, and which was addressed, "For
my son, To be opened after my death."

"Is it the right one?"

"Yes, it is, Miss Douglas. How can I thank you?"

"May I tell you how I found it? And then I must go."

She knew how he was longing to read the letter, and


she thought that he would want to read it alone. Her one
desire was to tell him how it had come into her possession,
and then to leave him. But he would not hear of her doing
this; he made her sit down again, and, before she could
stop him, he rang the bell for Mrs. Hall, and told her to
bring another cup, that she might have some tea before she
left.

Then Marjorie told him her story as shortly as she


could. She spoke of old Mrs. Hotchkiss's unhappiness during
her illness; she told him of her midnight call to the old
house, and of the secret that had then been told her. She
described the place in which she had discovered the box;
she confessed that she had broken the seals and opened it,
that she might see the name at the end of the letter, and
might know whether Mr. Forty Screws and Mr. Fortescue
were the same. And now she said, as she got up from her
chair again, she was thankful, very glad and thankful that it
was safely in his hands, and she must go; she really must
go. She knew how he was longing to read it, and she would
not keep him another moment.

"Miss Douglas," said Captain Fortescue, "I am not going


to allow you to leave until you've had some tea, and then I
am going with you to the station. But if you are sure you do
not mind, I will just read the letter, and then I shall be able
to tell you what it is about, and for what I have to thank
you."

When she saw that it was of no use to protest any


further, she sat down again by the fire, and he took a chair
to the table, and by the dim light of the solitary gas-burner
sat down to read the letter. She glanced at him from time to
time as he bent over it, wondering as she did so what its
contents might be, looking anxiously to see the effect upon
him as he read. Every vestige of colour had faded out of his
face, but he read on intently, and without once looking up.
Marjorie could hear the clock in the passage ticking loudly,
but no other sound disturbed the stillness of the room. He
did not speak a word, nor utter a sound, till he turned to
the last page, and then he gave a loud exclamation of
dismay.

"Is it bad news?" she asked fearfully.

"No, not bad news; it is good news, very good news,"


he said, "but those rascals have tampered with the letter."

He held it up to her, and she saw that one word, a long


word too, had been completely blotted out.

"It has evidently been done on purpose," he said, "lest


this letter should by any means fall into my hands."

"Is the word of much importance?"

"Of every importance; in fact, it is the most important


word in the whole letter. Miss Douglas, we will have some
tea, and then I want you, if you do not mind, to read the
letter you have brought."

"May I? But are you sure you would like me to read it?"
"I am quite sure; indeed, so far from minding it, I am
most anxious that you should read it."

He put the armchair near the table for her, and began to
pour out the tea, but his hand trembled so much with
strong emotion that she asked him if she might do it for
him. He told her that, if she did not mind doing it, he should
like to remember it, after she had gone; it would be
something to think of when he was alone.

"It's rather different to the last tea we had together," he


said; "that cosy tea in Fernbank. If I had known you were
coming, I would have had some cake!"

But at that moment Mrs. Hall came into the room with a
hot tea-cake in her hand.

"I've just baked 'em, sir, and they're nice and light, and
I thought, as the lady was here, perhaps you would accept
of one."

"Thank you, Mrs. Hall; it looks delicious!" They did not


talk much during tea; his mind was on the letter he had just
read, and he asked her from time to time to give him
further details of the history which she had heard from Mrs.
Hotchkiss. He had no doubt whatever that Makepeace was
the man who had married Carrie Hotchkiss, and he
remembered hearing that Watson had a half-brother living
in Sheffield. Evidently, then, he had been right in his former
suspicion; Watson had undoubtedly been the thief. She
must have been listening at the bedroom door when his
father told him to look under the will in the safe for the
important letter which he wished him to receive.

Then, when she found herself alone with the old man
for the night, she must have taken the keys from the table
whilst he was asleep, unlocked the safe, and taken out the
letter, replacing it, either then or afterwards, by a blank
sheet of foolscap paper. Then, when she had satisfied her
curiosity, and had also discovered the importance of its
contents, she had evidently carried the letter to Makepeace,
and the brother and sister must have plotted together that
they would keep it back, in the hope that they might be
able to make it a kind of gold mine, were they fortunate
enough to discover the father who had deserted his infant
child.

They could not help being aware that the information in


the letter was of such a nature that it would be of the
utmost importance to that man to have it suppressed.

Then, after that, Watson must have found that other


letter, the one Makepeace had brought him, lying unposted
on the table, and then either she or her brother must have
invented the plausible story which Makepeace had told him,
in order to prevent any suspicion from falling upon Watson.

All this probable explanation of the strange mystery


flashed through Kenneth Fortescue's mind more quickly
than it can be told here, and Marjorie could see that from
time to time his thoughts were far away, although he
always seemed to notice in a moment if she wanted
anything, and he was not content until she had done justice
to Mrs. Hall's tea-cake. He ate very little himself, and, as
soon as she had finished, he drew her chair nearer to the
fire and handed her the letter.

"Are you quite sure you want me to read it?" she asked
again. "Do say if you would rather I did not."

"It will be a comfort to me if you do not mind reading it,


Miss Douglas."
She could not refuse after that. She unfolded the large
sheet and began to read.

CHAPTER XVII
A STRANGE LETTER

THE letter which Marjorie held in her hand was badly


written and spelt, but she was able to decipher most of it.
And this is what she read—

"MY DEAR KEN,

"I feel as if I might not live for many years


longer, so I am writing this, that you may be
able to read it when I am dead and gone. I feel
as if I ought to let you know; and yet I
promised him to keep his secret as long as I
lived, all the days of my life, them was the
words as he made me say. But I didn't promise
not to tell when the days of my life was over,
Ken, and they will be over when you get this
'ere letter.

"Well, Ken, I'm a-going to tell you something


that happened to me about twenty-five years
ago. I heard as there was good luck to be had
out in South Africa; so me and your ma talked
it over, and we settled we would go out there
and make our fortunes. We had saved a bit of
money, and we paid our passage, and we went
out, and we got on pretty fair. The work was
good, and so was the pay, but things was a lot
dearer out there than at home.

"I worked on, Ken, first in one place and then


in another, and at last we settled down near
some mines not far from Kimberley. There were
a lot of miners there, a rough set most of them,
and the life was a pretty hard one. I made good
money there, though I spent it pretty nigh as
fast as I made it. We got a decent sort of a
house, and your ma took a pride in it, and I
bought some furniture of a man who was going
to England, and we fed on the fat of the land. It
was when we was there that I got a man, who
had been a painter afore he left England, to
paint a big picture of my missus, and I paid him
well for doing it. That's it as hangs in the
library, Ken. Well, it was while we was living
there in a ramshackle sort of town, that one
night, after dark, Jack McDougall, him as kept
the Inn there, came to our house.

"'Joe,' he says, 'here's a nice job we're in for


at our house. Here's a gent, as is travelling on
to Kimberley, and he came to our house with a
lady last night, and now there's the lady ill in
bed, and a little baby born in the night. And
doctor, him from over yonder, has just been
here, and he says she's very bad and going to
die.'

"'That's a bad job, Jack!' I says.


"'Yes, Joe,' he says, 'and my missus is that
scared she don't know what to do, and there's
nobody else about but old Nurse Grindle, and
she's half drunk. So I came across to see if your
missus would come over and help us a bit.'

"Well, your ma went; she were that handy


when folks were ill, and she did what she could
for the poor lady; but it weren't of no use, and
the next day she died. My missus was fair cut
up when she had passed away; she said she
had the prettiest face and the loveliest hair she
had ever seen, and she looked so young too!
Your ma brought the baby over to our house,
such a poor little thing it was! Doctor said he
didn't think it had a chance to live. Well, we
said we would keep it till after the funeral, but
that night, when I was just a-going to bed, I
heard some one at the door.

"I went down, and there was a fine-looking


gentleman, the handsomest man I've ever seen
excepting one, and that's yourself, Ken! I
guessed it was the baby's father, and I asked
him if he would come in. I thought he had come
to fetch his child, and I told him my missus had
taken it up to bed, but I would tell her he had
come for it. He said, 'No, he hadn't come for the
baby; but he had come to talk to me.' So I
asked him in, and we sat over the fire together.

"He did not speak at first, and then he said,


'How would I like to be a very rich man?' I said
as how I would like it very much, nothing
better. And then he said he could put me in the
way of being one if I liked; he could make a
gentleman of me, and I would never have to
work any more. You can think I opened my ears
then, Ken, and I asked him how he was going
to manage it, and what he wanted me to do. He
didn't answer for a bit, and then he said he
would tell me. He wanted me and my missus to
take charge of the baby.

"'For how long?' I asked.

"'For always,' he said. 'I want it to stop with


you altogether, if so be that it lives, which it
won't do; the doctor gives it three months at
most. Still, there's just the chance it may! So I
want you to adopt it, in fact,' he says.

"I thought it was awfully queer of him, Ken,


to want to get rid of his own child; it seemed to
me unnatural-like, so I asked him why he did it.
He told me he was in a bit of a difficulty, and
this would help him out of it. I said I wouldn't
do it unless he told me what the bother was. So
then he went so far as to say his father had
written him a letter, and that letter obliged him
to do it. But I wasn't satisfied, Ken; I said I
must know what the letter was about, and then
it all came out.

"'His father, he said, was a very wealthy man


in England, who had married an American lady
with a big fortune of her own. His father had a
grand estate somewhere, and of course he was
the heir to it; his mother was dead, and all her
money, having been settled on herself, had
come to him; but of course it was nothing to
what he would get when his father died.
However, his father had married again about a
year ago, and this second wife had a child, also
a boy.

"Then he went on to tell me that his father


had for a long time set his heart on his
marrying a lady who owned the next estate.
She had one of the biggest rent-rolls in
England, and if he married her, they would own
the whole county between them. She was older
than he was, but he had no objection to
marrying her now, in fact, he thought it was the
best thing he could do; but of course she would
never dream of having him, if she had any idea
that he had been married before, or had a child
living who would be heir to his title and estates.
I asked him why he had objected to marrying
this lady before, and he said it was because he
liked some one else better,—this wife of his who
had just died.

"He had been married abroad, and his father


knew nothing about her. She was the daughter
of a Chaplain at one of the places he had
stopped at. I told him if he was so fond of his
wife, he ought to be fond of her child; but he
said the child had cost her her life, and how
could he bear to look at it? He felt as if he never
wanted to see it again. Besides, it was no use
talking about the child. If he was to take it back
to England (and how could he possibly travel
with so young a baby?) what would his father
say? He had had a letter from his father, in
which he told him that, if he didn't do as he
wanted him about marrying this girl (or this
woman, whatever she was) that lived near
)
them, he would leave all his money to the little
boy—the child of his second wife. He couldn't
leave him the title or the estate; they had to go
to the eldest son; but he could leave his money
to whoever he liked.

"Well, Ken, he talked and he argued half the


night, and at last I called my missus, and told
her to get up and come downstairs. She didn't
like the thought of it at first; it seemed like
cheating the poor child, she said, and keeping
him out of his rights. But he offered us a big
sum of money, a fortune, Ken, half of what he'd
got from his mother, that rich American lady, if I
would only say I would keep the child, and at
last me and my missus came round. She told
him he was a heartless man, and she didn't like
doing it; but you see the money was a big
temptation, Ken. Never to have to work any
more and to live like grand folks, seemed
almost more than we could put aside. And then
we had no children of our own, and the missus
had always wanted one, and she were kind of
wrapped up in this little baby.

"Well, the end of the matter was, that we said


we would consent, and then he made me take a
solemn promise that I wouldn't ever tell
anybody that it wasn't my own child, but that I
would keep his secret all the days of my life.

"He asked me then what my name was, and I


said Tomkins, and he laughed and said, 'Give
the poor little beggar a better-sounding name
than that. Change your name, Tomkins,' he
says, 'to something that sounds a bit more
y g
aristocratic than that.'

"'What shall it be, sir?' I says. 'I'm not going


to tell you, Tomkins, nor do I want to know,' he
says. 'Get a pen and I'll write you out a cheque;
but no, that won't do!' he says. Then he sits
and thinks a bit. You see, Ken, he didn't want
me to know his name nor who he was, and the
cheque would have told me. 'I know,' he says at
last, 'I'll cash the cheque myself, and bring you
the money; they can easily wire to my English
bankers from the Kimberley Bank, and they'll
find it's all right.'

"So a day or two after that he brings the


money, Ken,—a great roll of notes it was, and
each note was for £100. He counted it all out,
what he'd agreed to give me; and then he said
he was going to give me £5000 extra, for the
poor little beggar, in case he lived. He would
like him to be educated as a gentleman, he
said. I think his conscience had smote him,
Ken.

"Well, I promised that I would do the best I


could for the baby, and then my missus said
should she fetch it, that he might give it a kiss,
but he said No, he thought he had rather not
see it. He was a heartless man,—very.

"Then I asked him, Ken, if I might know his


name and address, in case I had anything to
tell him about the baby. How could I let him
know if it died or anything happened to it? But
he said there was no need to let him know, and
he did not intend to tell me his name. I had got
g
my money, and what more did I want?

"Well, he got up to go, and I helped him to


put on his coat, for it was raining when he
came, and then I noticed for the first time that
he had something the matter with his hand; the
last joint of the little finger of the right hand
was gone. After that he went away, and I've
never seen him, Ken, from that day to this. I
went to the Inn, and I found that there he had
given the name of Vavasour, but I feel sure that
was not his right name; he was far too clever
for that.

"However, some time after, I came across a


man who had travelled out with him from
England—at least I think it must have been the
same, from this man's description of him and
his wife. He told me that these people he had
met were going out to South Africa, and he
wondered whether they had ever come to
Kimberley. He told me that the man was a lord,
and that some one on board ship, who had seen
him before, said that he was the son of—"

Here came the word or words which had been so


carefully blotted out.

"Now, Ken, what I've got to tell you is this.


That man was your father, and you are that
poor little deserted boy. I've done my best for
you, Ken; you know as I have. I had a hard
time with you at first, for we started off for
England when you was about two months old,
and before we got halfway home, my poor
missus died, your ma as you have always called
her; and there was I on board ship, left with a
tiny weakly baby.

"But I reared you, Ken, and you lived and


grew strong, in spite of yon old doctor at
Kimberley, and now you're a fine handsome
young man, and I love you as if you was my
own son. But I would like for you to have your
rights, Ken. Find that man if you can, and tell
him he's your father. If he has any conscience,
(he hasn't much, I'm afraid), he'll be obliged to
own you, when you show him this letter, and
tell him how you got it. And mark this, Ken,
you're as like your father as two peas are like. I
mean to say you're like what your father was
when I saw him. Now he will be a man over
fifty, I should say.

"Follow this up, Ken, and don't rest till you're


got your rights.

"Your loving father,

"JOSEPH
FORTESCUE.

"P.S.—I chose Fortescue because I thought as


it sounded like the name of a gentleman."
CHAPTER XVIII
WORDS TO BE REMEMBERED

MARJORIE did not speak whilst she was reading the


whole of that long letter, and Kenneth Fortescue sat and
watched her, just as before she had sat and watched him.
He saw her face flush as she read on, and once he felt sure
that he saw a tear drop on the page. When at last she
handed him the letter, she said—

"How could he be so cruel? It was awfully heartless,


wasn't it?"

"Yes, it was most unnatural; but such things have been


done before. Even a mother has been known to desert her
own child."

"I wonder if he is alive."

"So do I. If only that word had been there!"

"Let us look at it carefully," Marjorie said; "perhaps we


can make it out."

They bent together over the paper, as they held it in the


light of the lamp.

"It must be a very long name," she said. "Can it all be


one word? I think Lord is the first part of it. That looks to
me like part of the loop of the L left above the blot."

"Yes, I think you are right. Even so, I think it is a long


name—ten or twelve letters, I should say."
"Oh, I wish we knew!" said Marjorie.

"I wish it very much for one reason, Miss Douglas."

"What is that?"

"If I were to find my father, and if he were prepared to


own me, or were compelled to do so, I could repay Mrs.
Douglas in full."

"Oh, why are you always thinking of that? You must not
do so," she said. "You are stinting yourself and making your
life miserable, just for us. And it isn't right. Oh, it isn't
right!"

She was crying now; she could not help it. The thought
of his constant self-denial, the remembrance of the
hardships that he was bearing for their sakes, even though
the debt had never been his; the recollection of all this
touched her so deeply that she found it impossible to keep
back her tears.

"This letter alters everything," she said; "do think of


that. Even if you felt yourself bound to repay us when you
thought you were Mr. Fortescue's son, you cannot feel so
now. He was never your father except in name. Do
remember that, and do give up, once for all, the idea of
giving us that money back. The loss of it had nothing to do
with you, nor with any one at all belonging to you."

"I cannot look at it in that light, Miss Douglas," he said.


"If he was merely my father in name, still he was, at the
same time, the only father I have ever known. God helping
me, that debt shall be paid."

"Captain Fortescue."
"Yes, Miss Douglas."

"I'm afraid that letter is not of much use, after all."

"It may be," he said. "Who can tell?"

She sat looking into the fire for some minutes without
speaking, and then she said—

"I rather hope—" and then stopped.

"You rather hope what, Miss Douglas?"

"Oh, never mind. I did not mean to say it aloud. It was


only a foolish thought which had no business to come into
my mind."

"What was it?"

"Oh!" she said, laughing through her tears. "Such a silly


thing! I was going to say that I rather hoped you were not a
lord."

"Why not?"

"Oh, I don't know. I only thought we should not feel


that you were quite so much our friend. It was very foolish,
I know. Only you would seem so different to us then."

"Should I? I hope not," he said, gravely.

"And now I really must be going. What time is it,


Captain Fortescue?"

He looked at, his watch, and they found it was getting


late, so he got her coat, and she said good-bye to the old
landlady, and they set out for New Street. Then he went for
her ticket, and put her into the train, and just before it
started, he stepped into the carriage and sat down beside
her.

"Won't the train be off soon?" she asked. "Yes. I am


coming with you."

"Coming with me? Why?"

"I'm not going to allow you to walk alone along that


dark road from Deepfields Station at this time of night," he
said.

"Oh, I shall be quite all right; you really mustn't come.


You will be so tired, and it is not at all necessary. Please
don't come."

But he would take no refusal. There would be plenty of


time for him to catch the last train, he said, and Marjorie
felt sure that, when he had once made up his mind about
anything, there would be no possibility of moving him from
it.

They talked of the letter most of the way from the


station, and as they went through Daisy Bank she pointed
out the dark cottage where the still form of the old woman
was lying on the bed upstairs.

"How strange to think that my letter has been near you


all this time!" he said.

Then they got to Colwyn House, and at the gate, he


said good-bye. But before he left her he took her hand
between both his own, and said in a whisper, as he held it
for a moment—

"Thank you for all you have done for me to-day."


The next instant he was gone, and Marjorie let herself
in with her latchkey. She found that Mr. and Mrs. Holtby
were having supper. They wanted her to join them, but she
said she was tired, and would rather go to bed.

She fell asleep as soon as her head touched the pillow,


and she dreamt that his hands were still holding her own,
and she thought that she could still feel their pressure as he
said those words, which would ever remain in her memory
as long as life should last.

"Thank you for all you have done for me to-day."

CHAPTER XIX
GRANTLEY CASTLE

Two months after her visit to Birmingham, Marjorie was


standing on the platform at Daisy Bank, waiting for the
Wolverhampton train. How impatient she was to start!

How full of happiness was her face on that December


morning! For she was going home for Christmas. She could
hardly believe that it was only a year since she had seen
the dear home faces, and to have a whole month with them
all seemed almost too good to be true. Patty had come with
her to the station, and was full of regret at her departure,
full of promises to take her place in the holidays, and to do
all she could to keep the house tidy and clean.
As Marjorie looked at her, she could not help feeling
that the last few months had made Patty quite a different
girl. The brusqueness of her manner was gone; she was
more happy and more contented, and, in leaving her in
charge of the children and her mother, Marjorie felt that she
was leaving one who would tread, as far as possible, in her
footsteps; and as Patty would not have to go to school
during the time of her absence, she would be able to keep
all things as Marjorie had left them, and to save her mother
from having any extra work. Thus Marjorie was going home
with a happy heart, prepared to thoroughly enjoy her well-
earned holiday.

Perhaps our thoughts are never more busily occupied


than when we are travelling. As our bodies are being rapidly
carried over miles of distance, our thoughts wander further
still. As our eyes gaze out of the carriage window upon the
various scenes through which we are passing, the eyes of
our mind are gazing at other scenes, it may be in far-
distant lands. We see the views around us as if we saw
them not, for the inner pictures are so vivid that they
eclipse the outward ones. As we glance at our fellow-
passengers, ensconced with newspaper or book in the
corners of the carriage, we are looking, it may be, at other
faces and hearing other voices, far away from us in bodily
presence, but very near and constantly present to our inner
sight.

Marjorie's thoughts were very busy that cold wintry day.


Not only was she full of anticipation, picturing out to herself
the joy of arriving at home and seeing again the friends
from whom she had so long been parted; but at times, as
she travelled on, her thoughts, instead of flying northwards
far ahead of the train, travelled southwards, and found their
way to a little back sitting-room in a dingy street in
Birmingham.

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