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contents

acknowledgments xvii
about the authors xix

p a rt 1 Historical Perspectives 1 chapter 2 Prisons (1800 to the Present) 26


Overview 27
chapter 1 Early History (2000 b.c.
to a.d. 1800) 2 The Pennsylvania System 28
Overview 3 The Auburn System 29
Redress of Wrongs 4 Discipline at Auburn 29
Retaliation 4 Prison Competition 30
Fines and Punishments 5 Prison Rules 31
Early Codes 5 Change in the Wind 33
Babylonian and Sumerian Codes 5 Maconochie and Crofton: A New Approach 33
Crime and Sin 6 Maconochie and the Indeterminate Sentence 33
Roman and Greek Codes 6 Crofton and the Irish System 34
The Middle Ages 6 The Reformatory Era (1870 to 1910) 35
Punishment 7 Post–Civil War Prisons 37
Capital and Corporal Punishment 7 The Twentieth Century and the
Deterrence 8 Industrial Prison 37
Emergence of Secular Law 9 The Period of Transition (1935 to 1960) 39
Early Prisons 10 The Modern Era 41
Workhouses 11 Internally Sought Reform 42
The Age of Enlightenment and Reform 12 The Prison Population Boom 43
Montesquieu and Voltaire: The French Humanists 12 Summary 44 • Key Words 45 • Review
Bentham and the Hedonistic Calculus 13 Questions 45 • Application
John Howard 14 Case Studies 45 • Endnotes 46
Houses of Correction, Workhouses, and Gaols 14
Transportation Systems 16
Deportation to the American Colonies and Australia 16
chapter 3 Correctional Ideologies:
The Pendulum Swings 48
Hulks: A Sordid Episode 17
Overview 49
Early Cellular Prisons 17
Conflicting Correctional Ideologies 50
The Maison de Force at Ghent and the Hospice
of San Michele 17 The Punishment Ideology 50
William Penn and the “Great Law” 18 Retribution 50
The Walnut Street Jail 19 Deterrence 52
Summary 21 • Key Words 22 • Incapacitation 52
Review Questions 23 • Application The Effect of Punishment 54
Case Studies 23 • Endnotes 23 The Rehabilitation Ideology 55

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viii contents

The Prevention Ideology 57 Suspended Sentence and Sanctuary 98


The Pendulum Swings 59 The History of Probation 98
Restorative Justice 59 The Spread of Probation 99
Balanced and Restorative Justice Philosophy 60 Organization and Administration of Probation 101
The Balanced Approach and Its Application 61 The Role of the Probation Agency 101
Contemporary Corrections 61 The Decision to Grant Probation 102
Summary 63 • Key Words 64 • The Presentence Investigation Report 104
Review Questions 65 • Application The Sentencing Hearing 105
Case Studies 65 • Endnotes 65 Risk Assessment 106
Targeting Risk Factors: Challenge
for Probation 106
chapter 4 The Sentencing and Appeals Improving Probation Supervision 107
Process 68 Conditions of Probation 108
Overview 69 Probation Revocation 109
The Correctional Filter 70 Felony Probation 111
The Sentencing Decision 71 The Broken Windows Approach 112
Rapid Change in Sentencing Processes 72
Probation and Its Role in Corrections 113
New Goals 73
Summary 115 • Key Words 116 •
Reform Options 74
Review Questions 116 • Application
Reform Effects 74 Case Studies 117 • Endnotes 117
Predicting Behavior 74
The Presentence Investigation 75
Judicial versus Administrative Sentencing 76 chapter 6 Diversion and Intermediate
Practical Problems in Sentencing 77 Sanctions 120
Problems in Setting Prison Terms 77 Overview 121
Felony Sentences in Federal Court 79 Diversion: Keeping the Offender Out
Deterrence by Sentencing 79 of the System 122
Appellate Review 82 Police-Based Diversion Programs 122
The Issue of Due Process 82 Community-Based Diversion Programs 123
The Mechanics of an Appeal 83 Court-Based Diversion Programs 123
The Courts of Appeal 85 Between Probation and Prison 124
Appeals from behind the Walls 85 Overcrowding 125
Reform by Judicial Decree 86 Intermediate Sanctions 127
Appeals Flood the Courts 87 Restitution Programs 127
Types of Prisoner Petitions 87 Intensive Supervised Probation 128
Legislative Initiatives to Reduce Prisoner Litigation 88 Drug, Mental Health, and Other Problem-Solving
Courts 129
Summary 89 • Key Words 90 •
Review Questions 90 • Application Community Service Programs 133
Case Studies 90 • Endnotes 91 • Home Detention 134
Suggested Readings: Part 1 93 Electronic Monitoring 135
Community Residential Treatment Centers
(Halfway Houses) 137

part 2 Alternatives to Imprisonment 95


Day Reporting Centers 140
Shock Incarceration 140
chapter 5 Probation 96 Shock Probation 140
Overview 97 Boot Camp Programs 142

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contents ix

Summary 146 • Key Words 148 • Summary 190 • Key Words 192 •
Review Questions 148 • Application Review Questions 192 • Application
Case Studies 148 • Endnotes 149 • Case Studies 192 • Endnotes 192
Suggested Readings: Part 2 153

chapter 9 Management and Treatment


p a rt 3 Institutional Corrections 155 Functions 192
Overview 193
chapter 7 Custody Functions 156
The Treatment Model 194
Overview 157
Perceptions and Correctional Management 195
Institutions: Bureaucratic Control 158
Classification for Security and Treatment 197
Administration’s Problem: Punish, Control,
or Rehabilitate? 158 Treatment in Prison 198
Custody: A 24-Hour Impact 158 Health and Medical Services 198
Smoking 202
Wardens and Superintendents 160
Religious Assistance and Services 203
Correctional Officers and Jailers: On the
Front Lines 162 Educational and Training Programs for Inmates 204
Correctional Officer Attitudes 162 The Vocational-Rehabilitation Model 207
Diminished Control 163 The Reintegration Model 209
Unionization and the Correctional Officer 164 Prisons and Recidivism 211
Inmate Organization: The Social System 164 Summary 211 • Key Words 212 •
Review Questions 213 • Application
Custody as a Way of Life 166
Case Studies 213 • Endnotes 213
Discipline and Inmate Traffic Control 167
Contraband and Shakedowns 169
Prevention of Escape 172
Technology to Prevent Escapes: Electrified Fences 172
chapter 10 Jails and Detention
Facilities 216
Project Costs and Operational Savings 173
Overview 217
The Military Model 173
Jails: A Grim History 218
Unit Team and Other Methods to Avoid
Compartmentalization 175 Jails Today 220
Upgrading Correctional Personnel 175 Jail Populations and Characteristics 220
Summary 176 • Key Words 178 • The New-Generation Jail 222
Review Questions 178 • Application The Jail in Context 224
Case Studies 178 • Endnotes 178 The Problem with Overcrowding 224
Problems with Personnel 226
Jail Standards 227
chapter 8 Security Threat Groups Health Care in Jails 228
and Prison Gangs 180 Alternatives to Jail 228
Overview 181 Fines 229
Security Threat Groups 182 Weekend Confinement 230
History of Gang Development and Gang Community Work Orders 230
Differences 183 Alternatives to Jail at the Pretrial Stage 231
Identifying Prison Gang Members 184 Pretrial Release 231
Criminal Acts of Security Threat Groups 186 Summary 234 • Key Words 235 •
Managing Security Threat Groups Review Questions 235 • Application
in Correctional Facilities 188 Case Studies 235 • Endnotes 236

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x contents

chapter 11 State and Local Prison Some Historical Considerations 282


Systems 238 Early History 282
Overview 239 More Recent Developments 283

State Correctional Institutions: The Core Private-Sector Treatment Programs 284


of the System 240 Low-Security Custody Programs 285
Organization of State Systems 241 Surveillance and Control Technologies 286
Development of State Systems 242 Correctional Privatization: Issues and
Classification and Assignment in State Prisons 243 Evidence 286
Inmates in State Prisons 244 Controversies 288
Local Adult City-Operated Prisons 248 Assertions 288
Are Prisons “Cruel and Unusual Punishment”? 250 Public Interests 289
Summary 252 • Key Words 254 • Illegal Immigration Issues 289
Review Questions 254 • Application Cost-Savings Issues 289
Case Studies 254 • Endnotes 255 Violence Issues 290
Staff Recruitment and Turnover 290
Rehabilitation 290
chapter 12 The Federal System 256 Cost Cutting and Commodities 291
Overview 257 Corruption Issues 291
The Use of State Facilities 258 Summary 292 • Key Words 293 •
Early Federal Prison Facilities 259 Review Questions 294 • Application
Case Studies 294 • Endnotes 294
The Bureau of Prisons Is Born 259
Early Growth of the Federal Bureau of Prisons 260
Recent Developments 261
chapter 14 The Death Penalty 296
Organization and Administration 263
Overview 297
Inmate Populations Explode 264
Origins of the Death Penalty 298
Community-Based Programs and Contract
Facilities 265 Better Ways to Die? 298
A Model Inmate Classification System 266 Arbitrary and Infrequent Punishment 299
Unicor: Federal Prison Industries, Inc. 267 The Eighth Amendment and the Death
Penalty 301
Education and Training: Inmates and Staff 268
Prosecutor’s Discretion 304
Federal Female Offenders 270
Deterrence of the Death Penalty 304
Community Corrections in the Federal
Public Opinion and the Death Penalty 304
System 271
The Controversy Continues 306
Changing Population of Federal
Institutions 272 The Issue of Equitability 306
Military Offenders 272 Women and the Death Penalty 307
Summary 274 • Key Words 275 • Juveniles and the Death Penalty 307
Review Questions 275 • Application Justifications 308
Case Studies 276 • Endnotes 276 The Death Penalty and Terrorism 311
The Cost of the Death Penalty 311
Commitments to Death Row Continue 312
chapter 13 Private-Sector Systems 278
Summary 313 • Key Words 315 •
Overview 279 Review Questions 315 • Application
The Private Sector in Community Case Studies 315 • Endnotes 315 •
Corrections 280 Suggested Readings: Part 3 318

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contents xi

chapter 15 Parole and Reentry 320 Remedies for Violations of Rights 358
Overview 321 The Legend of the Ex-Con 359
The Development of Parole 322 Consequences of a Conviction 359
The Roots of American Parole 322 Stigma 360

Early Practices in Other Nations 322 Loss of Civil Rights 360

Parole Comes to the United States 323 Legal Consequences of a Felony Conviction 361

Pardon and Parole: Two of the Ways Out Right to Work Versus Need to Work 362
of Prison 323 Restricted Trades: Barriers to Employment 364
What Is Parole? 325 The Problem with a Record 364
Parole Administration 327 Registration of Criminals 365
The Parole Board 327 Registration of Ex-Offenders 365

Parole Release 327 Expungement as a Response 366

Parole Release Guidelines 328 Restoring Offenders’ Rights 368


Parole Conditions 329 Summary 368 • Key Words 370 •
Review Questions 370 • Application
Role of the Parole Officer 329 Case Studies 370 • Endnotes 370
Parole Revocation 330
Parole Remains a Major Segment
of Corrections 332
chapter 17 Male Offenders 374
Pardons 333
Overview 375
Reentry: The New Challenge 334
Prison Population Trends 376
Work-Release Programs 334
Prisoner Population 377
Furlough Programs 336
Criminal History 377
Halfway Houses 336
Dangerousness 378
Reentry Courts 339
Drugs and Alcohol 378
Is Parole Effective? 340
Education and Work 379
Summary 342 • Key Words 344 • Reasons for the Soaring Prison Populations 380
Review Questions 344 • Application
Case Studies 345 • Endnotes 345 Prisonization Plays a Role 383
Rape and Sexual Assault in All-Male Institutions 385
The Graying of America’s Male Prisoners 386

p a rt 4 Correctional Clients 347


Summary 388 • Key Words 389 •
Review Questions 390 • Application
chapter 16 Inmate and Ex-Offender Case Studies 390 • Endnotes 390
Rights 348
Overview 349
The Status of the Convicted Offender 350 chapter 18 Female Offenders 392
Basic Inmate Rights 350 Overview 393
Visiting and Community Ties 350 Female Crime and Incarceration
Use of Mail 352 Rates 394
Contraband and Mail 353 A Differential Justice System for Females? 395
Religious Rights in Prison 355 Characteristics of Drug-Abusing Female
Offenders 397
Access to Court and Counsel 355
The Right to Medical Treatment Females in Jail 399
and Care 356 Females in Prison 400
Civil Rights Act “1983” Suits 357 Female Institutions 403

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Special Problems for Incarcerated Females 405 Residential Treatment Centers 443
Homosexual Behavior and the Pseudo-Family 407 Training Schools for Youth 445
The Co-Gender Correctional Institution 409 Institutional Treatment and Rehabilitation 446
Community Corrections and Female Sexual Victimization of Incarcerated Youth 449
Offenders 410 Reducing Commitments 451
Summary 410 • Key Words 411 • Summary 453 • Key Words 454 •
Review Questions 411 • Application Review Questions 454 • Application
Case Studies 412 • Endnotes 412 Case Studies 454 • Endnotes 454

chapter 19 Juvenile Offenders 416 chapter 21 Special-Category


Offenders 456
Overview 417
Overview 457
Where Does the Juvenile Fit In? 418
The Mentally Disordered Offender 458
Criminal Behavior Declines with Age 418
Mentally Ill Inmates 458
Categories of Juvenile Offenders 420
Two Ways to Escape Criminal Responsibility 460
Juvenile Rights: The Landmark Cases 420
The Criminally Insane 460
Who Is a Juvenile Today? 423
The Problems of Prediction 462
The Juvenile Crime Problem 425
The Developmentally Challenged Offender 462
Juvenile Violence and Other Crimes in Decline 426
Historical Perspective 463
Juvenile Victims of Violence 426
Sex Offenders 464
Reducing Recidivism with Serious Juvenile Common Sex Offenses 464
Offenders 426
Sex Offenders and Probation 466
Juvenile Gangs 428
Sex Offenders in Prison 467
The New Breed: Dispelling the Myth of the Involuntary Commitment of Sex Offenders 468
Super-Predator 430
AIDS in Prisons 468
Restorative Justice 430
AIDS and Custody Staff 470
Summary 432 • Key Words 434 •
AIDS and Inmates 471
Review Questions 434 • Application
Case Studies 435 • Endnotes 435 Transgender Inmates 471
Geriatric Inmates: The Graying of American
Prisons 473
chapter 20 Facilities for Juveniles 438 Summary 476 • Key Words 477 •
Review Questions 477 • Application
Overview 439 Case Studies 478 • Endnotes 478 •
Youth Held in Custody and Types of Facilities 440 Suggested Readings: Part 4 481
Juvenile Group Homes 441
Lack of a Standard Definition 441 appendix: Careers in Corrections 483
Characteristics of Group Homes 441
glossary 493
Effectiveness of Group Homes 442
Juvenile Detention Centers 442 author index 507
Reducing Juvenile Detention 442 subject index 517

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new to this edition

The field of corrections is undergoing rapid and significant changes, occasioned by court
decisions, changes in correctional populations, the fiscal crises in many states, and legisla-
tive demands. Sentencing smarter and introducing evidence-based practices have exerted
important impacts on practice, policies, and personnel. The results are problems unforeseen
in the history of corrections. In this edition, we identify those major change factors and the
effects they are having on the field. In addition, we have attempted to provide projections
through the next three years. These improvements are designed to enhance student under-
standing and learning about this dynamic field. They include the following:
• About 25 percent of the research cited is new.
• Photographs have been updated.
• New or expanded coverage is included on such issues as prison recidivism rates,
effects of court decisions on correctional practices, new techniques to improve
community supervision, a leveling off of prison populations, strategies and innovative
solutions for decreasing prison overpopulation, what works in corrections, and insti-
tutional threat groups.
• An extensive examination of the California Realignment effort, which will have major
impacts on the field in the coming decades, is included.
• Approximately 80 percent of the charts, graphs, and figures are new or updated,
and many are projected to 2015.
• More detailed biographical data are provided on major actors in the field of
corrections.
• Almost 40 new Policy Position, Correctional Practice, and Correctional Profile
features have been added to provide in-depth coverage of selected topics.
• Chapter objectives have been updated and enhanced.
• The Glossary has grown to include definitions and descriptions of all key words in
this edition.
• Two new chapters have been included: Security Threat Groups and Prison Gangs
(Chapter 8) and Facilities for Juveniles (Chapter 20).
• Correctional careers have been identified and described in a new appendix.

MyCJLab
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multiple-choice questions, instructors can choose to either customize each quiz or assign as
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End of Chapter Questions and Critical Thinking Exercises. These essay-style questions
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Assign discussion questions on the most recent current events videos, articles, and educa-
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INSTRUCTOR SUPPLEMENTS
Instructor’s Manual with Test Bank Includes content outlines for classroom discussion,
teaching suggestions, and answers to selected end-of-chapter questions from the text; also
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features for viewing and editing test bank questions, dragging a selected question into a test
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from test banks included with TestGen for quick test creation, or write your own questions
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PowerPoint Presentations Our presentations offer clear, straightforward outlines and notes
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To access supplementary materials online, instructors need to request an instructor
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ing an instructor access code. Once you have received your code, go to the site and log on
for full instructions on downloading the materials you wish to use.

PEARSON ONLINE COURSE SOLUTIONS


Corrections in America is supported by online course solutions that include interactive
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features. Go to www.pearsonhighered.com/irc or contact your local representative for the
latest information.

ALTERNATE VERSIONS
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version of the same content. With a CourseSmart eTextbook, students can search the text,
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acknowledgments

We would like to acknowledge the great assistance of the people who merit special recogni-
tion in the 14th edition of Corrections in America. Instructors, former students, colleagues,
and doctoral graduates were generous in pointing out the strengths and weaknesses of the
13th edition, and they made considerable suggestions for improving the textbook. Fortu-
nately, we took them seriously and have benefited from their expertise. Our formal review-
ers heaped praise where there might be praise and uniformly agreed on subjects deserving
more attention, such as the chapters on security threat groups and facilities for juveniles.
We would like to thank these conscientious reviewers: Lisa Cason, Columbia College;
Scott Chenault, University of Central Missouri; Dana C. De Witt, Mount Marty College;
Thomas A. Dreffein, Triton College; Lisa A. Hoston, Allegany College of Maryland; Patricia
Nunally, Southwest Tennessee Community College; Patrick Patterson, Eastfield College;
Mari Pierce, Penn State University; Russ Pomrenke, Gwinnett Technical College; and Jason
Smith, New Hampshire Technical Institute.
We are also very pleased to welcome Gary Bauer as our new editor. He was very
responsive to our needs and is a great editor with whom to work. A special thanks as well
goes to Elisa Rogers, who took on the job of assisting with the original manuscript, tables,
charts, and figures and manuscript preparation chores, and to Susan Hannahs at Pearson
and Vinolia Benedict Fernando at S4Carlisle Publishing Services, who handled the
production of the work. Gary’s team contributed in many ways to the improvement of the
14th edition of this work, the longest continuously published textbook on corrections in
the nation.
We wish to thank and acknowledge the recently deceased Clifford Simonsen, on whose
shoulders we stand. Finally, we acknowledge our families, who endured our absences,
humored us, handled our human needs, bolstered us in despondency, and were there when
we needed them. We could not have done it without you.
Harry E. Allen
Edward J. Latessa
Bruce S. Ponder

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about the authors

Harry E. Allen is Professor Emeritus in the Justice Studies Department at San Jose State
University. Before joining San Jose State University in 1978, he served as director of the
Program for the Study of Crime and Delinquency at The Ohio State University. Previously,
he served as executive secretary of the Governor’s Task Force on Corrections for the State
of Ohio after teaching at Florida State University in the Department of Criminology and
Corrections.
Professor Allen is the author or coauthor of numerous articles, chapters in books,
essays, and textbooks, including the first 10 editions of Corrections in America with Clifford
E. Simonsen, the 11th edition with Drs. Simonsen and Edward J. Latessa, and the last three
with Professor Latessa and Bruce S. Ponder. He also coauthored the first three editions of
Corrections in the Community with Edward J. Latessa. He has been very active in professional
associations and was the first criminologist to serve as president of both the American Society
of Criminology (1982) and the Academy of Criminal Justice Sciences (1994). He received the
Herbert Block Award for service to the American Society of Criminology and the Founder’s
Award for contributions to the Academy of Criminal Justice Sciences. He is a fellow in both the
Western and the American Society of Criminology and was the most frequently cited crimi-
nologist in the field of correctional textbooks. He was a Humana Scholar at the University
of Louisville (2001) and for the past 14 years has been designing and instructing online
courses for the University of Louisville in the areas of corrections, ethics, substance abuse,
community corrections, terrorism, alternatives to incarceration, and capital punishment.

Edward J. Latessa received his Ph.D. from The Ohio State University in 1979 and is
a professor and director of the School of Criminal Justice at the University of Cincinnati.
Dr. Latessa has published over 140 works in the area of criminal justice, corrections, and
juvenile justice. He is coauthor of eight books, including Corrections in the Community and
Corrections in America. Professor Latessa has directed over 150 funded research projects,
including studies of day reporting centers, juvenile justice programs, drug courts, prison
programs, intensive supervision programs, halfway houses, and drug programs. He and his
staff have also assessed over 600 correctional programs throughout the United States, and
he has provided assistance and workshops in over 45 states. Dr. Latessa served as president
of the Academy of Criminal Justice Sciences (1989–1990). He has also received several
awards, including the Marguerite Q. Warren and Ted B. Palmer Differential Intervention
Award presented by the Division of Corrections and Sentencing of the American Society
of Criminology (2010); the Outstanding Community Partner Award from the Arizona
Department of Juvenile Corrections (2010); the Maud Booth Correctional Services Award
in recognition of dedicated service and leadership presented by the Volunteers of America
(2010); the Community Hero Award presented by Community Resources for Justice (2010);
the Bruce Smith Award for outstanding contributions to criminal justice by the Academy
of Criminal Justice Sciences (2010); the George Beto Scholar, College of Criminal Justice,
Sam Houston State University (2009); the Mark Hatfield Award for Contributions in public
policy research by the Hatfield School of Government at Portland State University (2008); the
Outstanding Achievement Award by the National Juvenile Justice Court Services Association
(2007); the August Vollmer Award from the American Society of Criminology (2004); the
Simon Dinitz Criminal Justice Research Award from the Ohio Department of Rehabilita-
tion and Correction (2002); the Margaret Mead Award for dedicated service to the causes of
social justice and humanitarian advancement by the International Community Corrections
Association (2001); the Peter P. Lejins Award for Research from the American Correctional
Association (1999); the ACJS Fellow Award (1998); the ACJS Founders Award (1992); and the

xix

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xx about the authors

Simon Dinitz Award by the Ohio Community Corrections Organization. In 2013, he was
identified as one of the most innovative people in criminal justice by a national survey
conducted by the Center for Court Innovation in partnership with the Bureau of Justice
Assistance and the U.S. Department of Justice. He has been married to his beautiful wife,
Sally, for over 35 years and has four wonderful children, all of whom grew up too fast.

Bruce S. Ponder grew up in part on the raj of the Maharaja of Dharbhanaga and in
Europe. He was a professional race car driver in the 1970s, winning major competitions
including the “12 Hours of Sebring” (1972). He was formally trained in political science,
computer information systems, and computer sciences. He also studied terrorism ex-
tensively and team-taught in-service training programs at the Southern Police Institute.
Currently, he is Internet coordinator/online course developer and team instructor in a
variety of courses at the Justice Administration Department at the University of Louisville,
particularly in terrorism, intelligence and homeland security, and corrections.

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part 1 chapter 1

Early History
(2000 b.c. to a.d.
1800)

Historical Perspectives
chapter 2

Prisons
(1800 to the Present)

Over v i ew chapter 3

A crucial question in corrections is, “Who are offenders and Correctional


Ideologies:
what shall we do with them?” Part 1 deals with the process by The Pendulum Swings
which punishment originated as a private matter between an
offending party and the victim but later came to be an official
state function. Significant changes over time are examined, chapter 4

starting with 2000 b.c. and continuing through contemporary The Sentencing
and Appeals Process
efforts to construct places of punishment and reform. Behind
each of the four major answers to the crucial question lay
assumptions about the nature of offenders and what to do
with them. Part 1 details these perceptions, assumptions, and
answers, as well as corresponding correctional practices and
fads that have emerged during the last 4,000 years.

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Erich Lessing/Art Resource
O b j e c ti v e s
• Summarize the definition, mission, • Summarize sentencing goals and primary
and role of corrections. punishment philosophies.
• Summarize early responses to crime prior • Outline the development of the prison.
to the development of prisons.
• Describe how secular law emerged.

chapter
Early History
1
(2000 b.c. to a.d. 1800)

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Ou t l i ne
Redress of Wrongs “The descent to
• Retaliation hell is easy. The
• Fines and Punishments gates stand open
Early Codes day and night.
• Babylonian and Sumerian Codes
• Crime and Sin But to reclimb the
• Roman and Greek Codes slope and escape
• The Middle Ages
to the upper air:
Punishment
this is labor.”
• Capital and Corporal Punishment
• Deterrence —Virgil,
• Emergence of Secular Law Aeneid, Book 6
• Early Prisons
• Workhouses
The Age of Enlightenment and Reform
• Montesquieu and Voltaire: The French Humanists
• Bentham and the Hedonistic Calculus
• John Howard
Houses of Correction, Workhouses, and Gaols
Transportation Systems
• Deportation to the American Colonies and Australia
• Hulks: A Sordid Episode
Early Cellular Prisons
• The Maison de Force at Ghent and the Hospice of San Michele
• William Penn and the “Great Law”
• The Walnut Street Jail

Over v i ew
This textbook is not intended to be an in-depth history of corrections nor a disser-
tation on its legal aspects. It is helpful, however, to know at least a little of the fasci-
nating historical background (legal and social) to gain an improved understanding
of the concepts, practices, and operations that we will discuss later and how we
got to where corrections is today as we progress into the twenty-first century. In
describing this background, we avoid technical jargon to keep misunderstanding
to a minimum. Where appropriate, specific individuals and events that have influ-
enced the history of corrections are detailed in the chapter.
It is important to study the growing field of corrections for a variety of reasons.
This dynamic field is undergoing rapid, mind-boggling change. In the interest of
reducing crime, protecting children, salvaging redeemable offenders, and increas-
ing citizen and society safety, the nation has invested unprecedented amounts of
time and money in the correctional system. Between 1972 and 2008, the number
of state inmates grew 705 percent before beginning to drop in 2009. The growth
of corrections has not been limited to prisons; the number of offenders reenter-
ing society as well as the jail and probation populations have never been higher.

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4 part 1 Historical Perspectives

Corrections is a major industry, annually costing over $75 billion recently,1 and as
such needs to be able to find and hire competent, educated, and motivated persons.
Never have so many Americans been in the arms of the law and under correctional
control; never has the percentage of the citizenry incarcerated been as high as it is today
(although U.S. Supreme Court decisions have recently forced some states to reduce their
prison population). The size of corrections is rapidly increasing and—measured by the
number of employees, offenders, and budgets—still undergoing significant growth.
Corrections affects the lives of ordinary people almost daily. Employees of
prisons (as well as probation and parole officers) are in immediate contact with fre-
quently violent and aggressive offenders, much more so than the typical municipal
police officer who, in a busy week, may interact once with such an offender. The
populace in general and students of corrections in particular must understand the
dynamics that affect all forms of correctional work. They also must understand
criminal behavior to better cope with the variety of offenders and to deal effectively
with problematic clients. These factors are explored throughout this textbook, and
your instructor will help you gain the necessary knowledge to begin your journey
into this fascinating field. We begin now by tracing the roots of corrections back to
the early beginnings of civilization as we know it.

key term REDRESS OF WRONGS


Retaliation
Act designed to repay (as Retaliation
an injury) in kind or to return
The earliest remedy for wrongs done to one’s person or property was simply to retaliate
like for like, especially “to get
against the wrongdoer. In early primitive societies, personal retaliation was accepted and
revenge.”
even encouraged by members of the tribal group. This ancient concept of personal revenge
key term could hardly be considered “law.” Yet it has influenced the development of most legal sys-
tems, especially English criminal law, from which most American criminal law derives.
Blood feud or vendetta
The practice of personal retaliation was later augmented by the blood feud, in which the
An often-prolonged series of
victim’s family or tribe took revenge on the offender’s family or tribe. Because this form of retali-
retaliatory, vengeful, or hostile
ation could easily escalate and result in an endless battle or vendetta between the injured fac-
acts or exchange of such acts.
tions, some method of control had to be devised to make blood feuds less costly and damaging.
The practice of retaliation usually begins to develop into a system of criminal law when
key term
it becomes customary for the victim of the wrongdoing to accept money or property in place
Lex salica of blood vengeance. This custom, when established, is usually dictated by tribal tradition
The custom of atonement and the relative positions of power between the injured party and the wrongdoer. Custom
for wrongs against a victim has always exerted great force among primitive societies. The acceptance of vengeance in
by payment to appease the the form of a payment (such as cattle, food, or personal services) was usually not compul-
victim’s family. sory, however, and victims were still free to take whatever vengeance they wished. Legal
historians Albert Kocourek and John Wigmore described this pressure to retaliate:
key term
It must not be forgotten that the right of personal revenge was also in many cases a duty. A
Wergeld
man was bound by all the force of religion to avenge the death of his kinsman. This duty
The European word denoting
was by universal practice imposed upon the nearest male relative—the avenger of blood, as
lex salica.
he is called in the Scripture accounts.2
key term The custom of atonement for wrongs by payment to appease the victim’s family or tribe
Friedensgeld became known as lex salica (or wergeld in Europe). It is still in effect in many Middle Eastern
The practice of paying and Far Eastern countries, with the amount of payment based on the injured person’s rank
restitution for crime to both and position in the social group. The practice of paying restitution for crimes to the Crown,
the victim and the Crown. in addition to victims, was known as friedensgeld. With fines, the victim disappeared from

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Fig. 3

Now, as you look at this picture of the apple flower (Fig. 3), you
see a circle made up of five pretty leaves. Sometimes these are
white; again they are pink. And in the center what do you see? Why,
there you see a quantity of odd-looking little things whose names
you do not know. They look somewhat like small, rather crooked
pins; for on the tips of most of them are objects which remind you of
the head of a pin.
If you were looking at a real flower, you would see that these pin
heads were little boxes filled with a yellow dust which comes off
upon one’s fingers; and so for the present we will call them “dust
boxes.”
But besides these pins—later we shall learn their real names—
besides these pins with dust boxes, we find some others which are
without any such boxes. The shape of these reminds us a little of the
pegs or pins we use in the game of tenpins. If we looked at them
very closely, we should see that there were five of them, but that
these five were joined below into one piece.
Now suppose we take the apple blossom and pull off all its pretty
white flower leaves, and all the pins with dust boxes, what will be
left?
Fig. 4

This picture (Fig. 4) shows you just what is left. You see what
looks like a little cup or vase. The upper part of this is cut into five
pieces, which are rolled back. In the picture one of these pieces is
almost out of sight. In the real blossom these pieces look like little
green leaves. And set into this cup is the lower, united part of those
pins which have no dust boxes on top.
I fancy that you are better acquainted with the apple blossom than
ever before, never mind how many mornings you may have spent in
the sweet-smelling, pink and white orchard. You know just what goes
to make up each separate flower, for all the many hundreds of
blossoms are made on the one plan.
And only now are you ready to hear what happened to make the
apple take the place of the blossom.
THE STORY OF THE BEE

T HIS is what happened. And it is a true story.


One morning last May a bee set out among the flowers on a
honey hunt.
Perhaps it would be more true to say that the bee set out to hunt
for the sweet stuff of which honey is made; for while this sweet stuff
is still in the flower cup it is not honey, any more than the wheat
growing in the field is bread. The wheat becomes bread later, after it
has been cut and gathered and threshed and ground, and brought
into the kitchen and there changed into bread; and the sweet stuff
becomes honey only after the bees have carried it home and worked
it.
As the bee left home this particular morning, it made up its mind
that it would devote itself to the apple blossoms; for did you know
that when a bee goes flower visiting, usually it gives all its attention
to one kind of flower till it has finished that special round of visits?
So off the bee flew; and in a few moments it saw hundreds of little
pink and white handkerchiefs waving at it from the apple orchard.
What do you suppose these were, these gay little handkerchiefs?
They were the flower leaves of the apple blossoms. I call them
handkerchiefs, because, just as boys and girls sometimes wave their
handkerchiefs when they wish to signal other boys and girls, so the
apple tree uses its gay flower leaves to attract the attention of the
bee, and persuade it to visit the flowers. Of course, really, they are
not handkerchiefs at all. They would hardly be large enough for any
but fairy noses, would they?
When the bee saw so many bright handkerchiefs waving it
welcome, along it hurried; for it knew this was a signal that material
for honey making was at hand. Another minute, and it had settled
upon a freshly opened flower, and was eagerly stealing the precious
sweet.
You children know, that, when you are given permission to go to
the closet for a piece of candy or cake, you are not apt to set about it
very gently. You are in too much of a hurry for that. Often you come
very near knocking everything over, in your haste to get hold of what
you want.
And bees are quite as greedy as any boy or girl could be. So our
friend dived right into the pretty flower, brushing rudely against the
little dust boxes. These, being full to overflowing with golden dust,
spilled their contents, and powdered the bee quite yellow.
Having made sure that nothing more was to be found just there,
off flew the dusty bee to the next blossom. Into this it pushed its way,
and in so doing struck those pins which have no dust boxes; and
upon their broad, flat tips fell some of the yellow dust grains with
which its body was powdered.
Now there began to happen a strange thing.
But before I tell you more, I must stop one moment to remind you
that these pins without dust boxes are joined below into one piece,
and that this piece is set deep into the green cup which holds the
rest of the flower (see Fig. 4); and I must tell you, that, if you should
cut open this cup, you would find a number of little round objects
looking like tiny green eggs.
The strange thing that began to happen was this:—
Soon after the yellow dust from the bee fell upon the flat tips of the
pins without dust boxes, the little green objects deep within the green
cup became full of life, and began to get larger. And not only this: the
green cup also seemed to feel this new life; for it too grew bigger and
bigger, and juicier and juicier, until it became the fine juicy apple we
have before us this morning.
So now you understand a little of what happened to make the
great apple take the place of the delicate blossom.
THE APPLE’S TREASURES

I F we lift our apple by its stem, it hangs in the same position as


when growing on the tree (Fig. 5).
But the blossom whose place in the world is taken by this apple
held its little head proudly in the air. So let us put the apple in the
same position, and see what is left of the flower from which it has
come (Fig. 6).

Fig. 5

We see the apple stem, which last May was the flower stem. This
has grown thick and strong enough to hold the apple fast to the tree
till it ripens and is ready to drop.
The upper part of the stem you cannot see, because the apple has
swelled downwards all about it, or upwards we should say, if it were
still on the tree.

Fig. 6

On the top of the apple, in a little hollow, we see some crumpled


things which look like tiny withered leaves.
You remember that when the bee left the yellow dust in the apple
blossom, the green cup began to grow big and juicy, and to turn into
the apple. And these little crumpled things are all that is left of the
five green leaves into which the upper part of the cup was divided.
These little leaves have been out in all kinds of weather for many
weeks, so no wonder they look rather mussy and forlorn.
It is hard to realize that from the center of this now crumpled
bunch grew the pretty apple blossom.
Now where are those tiny round things that were packed away
inside the green cup?
Well, as that cup is now this apple, the chances are that they are
still hidden safely away within it. So let us take a knife and cut the
apple open.

Fig. 7

What do you find in its very heart? If you cut it through crosswise,
you find five brown seeds packed as neatly as jewels in their case
(Fig. 7); and if you cut it through lengthwise, you discover only two or
three seeds (Fig. 8).
Probably I need not say to you that these seeds were once the
little round things hidden within the green cup.

Fig. 8
Some day I will tell you a great deal more about the wonderful
golden dust which turns flowers into apples as easily as Cinderella’s
fairy godmother turned rats into ponies, and pumpkins into coaches.
But all this will come later. Just now I want to talk about something
else.
WHAT A PLANT LIVES FOR

W HEN you go for a walk in the country, what do you see all
about you?
“Cows and horses, and chickens and birds, and trees and
flowers,” answers some child.
Yes, all of these things you see. But of the trees and plants you
see even more than of the horses and cows and birds. On every side
are plants of one kind or another. The fields are full of grass plants.
The woods are full of tree plants. Along the roadside are plants of
many varieties.
Now, what are all these plants trying to do? “To grow,” comes the
answer. To grow big and strong enough to hold their own in the
world. That is just what they are trying to do.
Then, too, they are trying to flower.
“But they don’t all have flowers,” objects one voice.
You are right. They do not all have flowers; but you would be
surprised to know how many of them do. In fact, all of them except
the ferns and mosses, and a few others, some of which you would
hardly recognize as plants,—all of them, with these exceptions,
flower at some time in their lives.
All the trees have flowers, and all the grasses (Figs. 9, 10); and all
those plants which get so dusty along the roadside, and which you
call “weeds,”—each one of these has its own flower. This may be so
small and dull-looking that you have never noticed it; and unless you
look sharply, perhaps you never will. But all the same, it is a flower.
But there is one especial thing which is really the object of the
plant’s life. Now, who can tell me this: what is this object of a plant’s
life?
Do you know just what I mean by this question? I doubt it; but I will
try to make it clear to you.

Fig. 9

If I see a boy stop his play, get his hat, and start down the street, I
know that he has what we call “an object in view.” There is some
reason for what he is doing. And if I say to him, “What is the object of
your walk?” I mean, “For what are you going down the street?” And if
he answers, “I am going to get a pound of tea for my mother,” I know
that a pound of tea is the object of his walk.
So when I ask what is the object of a plant’s life, I mean why does
a plant send out roots in search of food, and a stem to carry this food
upward, and leaves to drink in air and sunshine? What is the object
of all this?
A great many people seem to think that the object of all plants with
pretty flowers must be to give pleasure. But these people quite forget
that hundreds and thousands of flowers live and die far away in the
lonely forest, where no human eye ever sees them; that they so lived
and died hundreds and thousands of years before there were any
men and women, and boys and girls, upon the earth. And so, if they
stopped long enough quietly to think about it, they would see for
themselves that plants must have some other object in life than to
give people pleasure.

Fig. 10

But now let us go back to the tree from which we took this apple,
and see if we can find out its special object.
“Why, apples!” some of you exclaim. “Surely the object of an apple
tree is to bear apples.”
That is it exactly. An apple tree lives to bear apples.
And now why is an apple such an important thing? Why is it worth
so much time and trouble? What is its use?
“It is good to eat,” chime all the children in chorus.
Yes, so it is; but then, you must remember that once upon a time,
apple trees, like all other plants and trees, grew in lonely places
where there were no boys and girls to eat their fruit. So we must find
some other answer.
Think for a moment, and then tell me what you find inside every
apple.
“Apple seeds,” one of you replies.
And what is the use of these apple seeds?
“Why, they make new apple trees!”
If this be so, if every apple holds some little seeds from which new
apple trees may grow, does it not look as though an apple were
useful and important because it yields seeds?
And what is true of the apple tree is true of other plants and trees.
The plant lives to bear fruit. The fruit is that part of the plant which
holds its seeds; and it is of importance for just this reason, that it
holds the seeds from which come new plants.
THE WORLD WITHOUT PLANTS

W E have just learned that the fruit is important because it holds


the plant’s seeds; and we know that seeds are important
because from them come the new plants for another year. Let us
stop here one moment, and try to think what would happen if plants
should stop having seeds, if there should be no new plants.
We all, and especially those of us who are children, carry about
with us a little picture gallery of our very own. In this gallery are
pictures of things which our real eyes have never seen, yet which we
ourselves see quite as plainly as the objects which our eyes rest
upon in the outside world. Some of these pictures are very beautiful.
They show us things so wonderful and delightful and interesting, that
at times we forget all about the real, outside things. Indeed, these
pictures often seem to us more real than anything else in the world.
And once in a great while we admire them so earnestly that we are
able to make them come true; that is, we turn our backs upon them,
and work so hard to bring them about, that at last what was only a
picture becomes a reality.
Perhaps some of you children can step into this little gallery of
your own, and see a picture of the great world as it would be if there
should be no new plants.
This picture would show the world some hundreds of years from
now; for, although some plants live only a short time, others (and
usually these are trees) live hundreds of years.
But in the picture even the last tree has died away. Upon the earth
there is not one green, growing thing. The sun beats down upon the
bare, brown deserts. It seems to scorch and blister the rocky
mountain sides. There are no cool shadows where one can lie on a
summer afternoon; no dark, ferny nooks, such as children love,
down by the stream. But, after all, that does not matter much, for
there are no children to search out such hidden, secret spots.
“No children! Why, what has happened to them?”
Well, if plants should stop having children (for the little young
plants that come up each year are just the children of the big, grown-
up plants), all other life—the life of all grown people, and of all
children, and of all animals—would also come to an end.
Did you ever stop to think of this,—that your very life depended
upon these plants and trees? You know that they are pretty to look
at, and pleasant to play about; but I doubt if you ever realized before,
that to them you owe your life.
Now let us see how this can be. What did you have this morning
for breakfast?
Bread and milk? Well, of what is the bread made? Flour? Yes, and
the flour is made from the seeds of the wheat. If the wheat stopped
having seeds, you would stop having bread made from wheat seeds.
That is plain enough.
Then the milk,—where does that come from?
“That comes from the cows, and cows are not plants,” you say.
True, cows are not plants, but what would happen to the cows if
there were no plants? Do not cows live in the green meadows,
where all day long they munch the grass plants? And would there be
any green meadows and all-day banquets, in years to come, if the
grass did not first flower, and then seed? So then, no grass, no
cows, and you would be without milk as well as without bread for
breakfast.
And so it is with all the rest of our food. We live on either plants or
animals. If there were no plants, there would be no animals, for
animals cannot live without plants.
It is something like the house that Jack built, isn’t it?
“We are the children that drink the milk, that comes from the cows,
that eat the grass, that grows from the seeds in the meadow.”
“If there were no seeds, there would be no grass to feed the cows
that give us our milk for breakfast.”
And so it is everywhere. Plants give us a kind of food that we must
have, and that only they can give. They could get on well enough
without animals. Indeed, for a long time they did so, many hundreds
of years ago. But animals cannot live without plants.
I think you will now remember why seeds are of such great
importance.
HOW THE APPLE SHIELDS ITS YOUNG

S OME time ago you noticed that apple seeds were packed away
within the apple as neatly as though they were precious jewels
in their case.
When we see something done up very carefully, surrounded with
cotton wool, laid in a beautiful box, and wrapped about with soft
paper, we feel sure that the object of all this care is of value. Even
the outside of such a package tells us that something precious lies
within.

Fig. 11

But what precious jewels could be laid away more carefully than
these apple seeds? And what jewel case could boast a more
beautiful outside than this red-cheeked apple (Fig. 11)?
Pass it around. Note its lovely color, its delicate markings, its satin-
like skin. For myself, I feel sure that I never have seen a jewel case
one half so beautiful.
Then cut it open and see how carefully the soft yet firm apple flesh
is packed about the little seeds, keeping them safe from harm (Fig.
12).
Fig. 12

But perhaps you think that anything so good to eat is not of much
use as a protection. It takes you boys and girls about half a minute to
swallow such a jewel case as this.
But here comes the interesting part of the story.
When you learn how well able this apple is to defend from harm its
precious seeds, I think you will look upon it with new respect, and will
own that it is not only a beautiful jewel case, but a safe one.
All seeds need care and wrapping-up till they are ripe; for if they
fall to the ground before they are well grown, they will not be able to
start new plants.
You know that you can tell whether an apple is ripe by looking at
its seeds, for the fruit and its seeds ripen together. When the apple
seeds are dark brown, then the apple is ready to be eaten.
But if, in order to find out whether an apple was ripe, you were
obliged always to examine its seeds, you might destroy many apples
and waste many young seeds before you found what you wished;
so, in order to protect its young, the apple must tell you when it is
ready to be eaten in some other way than by its seeds.
How does it do this? Why, it puts off its green coat, and instead
wears one of red or yellow; and from being hard to the touch, it
becomes soft and yielding when you press it with your fingers. If not
picked, then it falls upon the ground in order to show you that it is
waiting for you; and when you bite into it, you find it juicy, and
pleasant to the taste.
While eating such an apple as this, you can be sure that when you
come to the inner part, which holds its seeds, you will find these
brown, and ripe, and quite ready to be set free from the case which
has held them so carefully all summer.
But how does the apple still further protect its young till they are
ready to go out into the world?
Well, stop and think what happened one day last summer when
you stole into the orchard and ate a quantity of green apples, the
little seeds of which were far too white and young to be sent off by
themselves.
In the first place, as soon as you began to climb the tree, had you
chosen to stop and listen, you could almost have heard the green
skins of those apples calling out to you, “Don’t eat us, we’re not ripe
yet!”
And when you felt them with your fingers, they were hard to the
touch; and this hardness said to you, “Don’t eat us, we’re not ripe
yet!”
But all the same, you ate them; and the sour taste which puckered
up your mouth said to you, “Stop eating us, we’re not ripe yet!”
But you did not pay any attention to their warnings; and, though
they spared no pains, those apples were not able to save their baby
seeds from being wasted by your greediness.
But there was still one thing they could do to prevent your eating
many more green apples, and wasting more half-ripe seeds. They
could punish you so severely for having disobeyed their warnings,
that you would not be likely very soon to do the same thing again.
And this is just what they did.
When feeling so ill and unhappy that summer night from all the
unripe fruit you had been eating, perhaps you hardly realized that
those apples were crying out to you,—
“You would not listen to us, and so we are punishing you by
making you ill and uncomfortable. When you saw how green we
were, we were begging you not to eat us till our young seeds were
ripe. When you felt how hard we were, we were trying to make you
understand that we were not ready for you yet. And, now that you
have eaten us in spite of all that we did to save ourselves and our
seeds, we are going to make you just as unhappy as we know how.
Perhaps next time you will pay some heed to our warnings, and will
leave us alone till we are ready to let our young ones go out into the
world.”
So after this when I show you an apple, and ask you what you
know about it, I fancy you will have quite a story to tell,—a story that
begins with one May day in the orchard, when a bee went flower
visiting, and ends with the little brown seeds which you let fall upon
the ground, when you had finished eating the rosy cheeks and juicy
pulp of the apple seed case. And the apple’s story is also the story of
many other fruits.
SOME COUSINS OF THE APPLE

T HE pear (Fig. 13) is a near cousin of the apple.


But perhaps you did not know that plants and trees had
cousins.
As you learn more and more about them, you will begin to feel that
in many ways plants are very much like people.
Both the pear and the apple belong to the Rose family. They are
cousins to all the garden roses, as well as to the lovely wild rose that
you meet so often in summer along the roadside.

Fig. 13

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