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Thinking of a career in criminal justice?
These resources can help steer you toward
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Essentials of
Criminal Justice
FIFTH EDITION

Larry J. Siegel
University of Massachusetts–Lowell

Joseph J. Senna
Northeastern University

Australia •Brazil •Canada •Mexico •Singapore •Spain •United Kingdom •United States
Senior Acquisitions Editor, Criminal Justice: Carolyn Permissions Editor: Kiely Sisk
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To my children, Eric, Andrew, Julie, and Rachel;
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my grandchildren, Kayla and Jack;
and to my wife, Therese J. Libby.
© 2007 Thomson Learning, Inc. All Rights Reserved. LARRY J. SIEGEL
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About the Authors

LARRY J. SIEGEL was born in the Bronx in 1947. While attending City College
of New York in the 1960s, he was swept up in the social and political
currents of the time. He became intrigued with the influence contemporary
culture had on individual behavior: Did people shape society or did society
shape people?He applied his interest in social forces and human behavior
to the study of crime and justice. After graduating CCNY, he attended the
newly opened program in criminal justice at the State University of New
York at Albany, earning both his M.A. and Ph.D. degrees there. After
completing his graduate work, Dr. Siegel began his teaching career at North-
eastern University, where he was a faculty member for nine years. He has
also held teaching positions at the University of Nebraska–Omaha and Saint
Anselm College in New Hampshire. He is currently a professor at the
University of Massachusetts–Lowell.
Dr. Siegel has written extensively in the area of crime and justice, includ-
ing books on juvenile law, delinquency, criminology, and criminal procedure.
He is a court certified expert on police conduct and has testified in numerous
legal cases. The father of four and grandfather of two, Larry Siegel and his
wife, Terry, now reside in Bedford, New Hampshire, with their two cockapoos,
Watson and Cody.

JOSEPH J. SENNA was born in Brooklyn, New York. He graduated from Brook-
lyn College, Fordham University Graduate School of Social Service, and Suf-
folk University Law School. Mr. Senna spent over sixteen years teaching law
and justice courses at Northeastern University. In addition, he served as an
assistant district attorney, director of Harvard Law School Prosecutorial
Program, and consultant to numerous criminal justice organizations. His
academic specialties include areas of criminal law, Constitutional due
process, criminal justice, and juvenile law.
Mr. Senna lives with his wife and sons outside of Boston.
 Brief Contents
Part 1
THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE 1

CHAPTER 1 • Crime and Criminal Justice 2

CHAPTER 2 • The Nature of Crime and Victimization 30
CHAPTER 3 • Criminal Law: Substance and Procedure 66
CHAPTER 4 • Criminal Justice in the New Millennium:
Terrorism, Homeland Security, and Cybercrime 92

Part 2
THE POLICE AND LAW ENFORCEMENT 121

CHAPTER 5 • Police in Society: History and Organization 122

CHAPTER 6 • The Police: Role and Function 148
CHAPTER 7 • Issues in Policing: Professional, Social, and Legal 176

Part 3
COURTS AND ADJUDICATION 217

CHAPTER 8 • Courts, Prosecution, and the Defense 218

CHAPTER 9 • Pretrial Procedures 250
CHAPTER 10 • The Criminal Trial 274
CHAPTER 11 • Punishment and Sentencing 292

Part 4
CORRECTIONS AND ALTERNATIVE SANCTIONS 325

CHAPTER 12 • Community Sentences: Probation, Intermediate

Sanctions, and Restorative Justice 326
CHAPTER 13 • Corrections: History, Institutions, and Populations 358
CHAPTER 14 • Prison Life: Living in and Leaving Prison 386

Part 5
JUVENILE JUSTICE 417

CHAPTER 15 • The Juvenile Justice System 418

iv
 Contents
Preface xii How Is Crime Measured? 34
Record Data 34
Part 1 Official Crime Data: The Uniform Crime Report
(UCR) 35
THE NATURE OF CRIME, LAW, AND Survey Data 36
CRIMINAL JUSTICE 1 Victim Surveys: The National Crime
Victimization Survey (NCVS) 37
Self-Report Surveys 38
CHAPTER 1 Alternative Data Sources 39
Crime and Criminal Justice 2 Compatibility of Crime Data Sources 40
Is Crime a Recent Development? 4 Crime Trends 40
Crime at the Turn of the Twentieth Century 5 Victim Rates and Trends 42
Developing the Criminal Justice System 6 Self-Report Trends 43
The Modern Era of Justice 6 Policy, Programs, and Issues in Criminal Justice:
Federal Involvement in Criminal Justice 6 Factors That Have an Impact on Crime Rates 44
The Criminal Justice System Today 7 What the Future Holds 46
Agencies of the Criminal Justice System 7 Crime Patterns 46
The Formal Criminal Justice Process 9 Ecological Patterns 46
The Criminal Justice Assembly Line 12 Race, Culture, and Gender in Criminal Justice:
International Crime Trends 47
The Informal Criminal Justice System 12
Gender Patterns 48
The “Wedding Cake” Model of Justice 14
Racial Patterns 48
Perspectives on Justice 16 Class Patterns 49
Crime Control Perspective 16 Age Patterns 50
Rehabilitation Perspective 17 Career Patterns: The Chronic Offender 51
Due Process Perspective 18 Victim Patterns 52
Nonintervention Perspective 19
Causes of Crime and Victimization 54
Policy, Programs, and Issues in Criminal Justice:
Choice Theory: Because They Want To 54
Should Drugs Be Legalized? 20
Sociobiological Theory: It’s in Their Blood 55
Justice Perspective 22
Psychological Theory: It’s in Their Heads 57
Restorative Justice Perspective 22
Social Structure Theory: Because They’re Poor 58
Perspectives in Perspective 24
Social Process Theory: Socialized to Crime 60
Ethics in Criminal Justice 24 Conflict Theory: It’s a “Dog-Eat-Dog” World 62
Ethics and Law Enforcement 25 Developmental Theory: Life Is a Bumpy Road 63
Ethics and the Court Process 26 A Final Word 63
Ethics and Corrections 27
Summary 65
Summary 28 Key Terms 65
Key Terms 29 Review Questions 65
Review Questions 29

CHAPTER 2 CHAPTER 3
The Nature of Crime and Victimization 30 Criminal Law: Substance and
How Is Crime Defined? 32 Procedure 66
Consensus View 32 The Historical Development of the Criminal Law 68
Conflict View 33 Common Law and the Principle of Stare
Interactionist View 33 Decisis 70
v
vi CONTENTS

Sources of the Criminal Law 72 Cyberterrorism 113

Constitutional Limits 72 Controlling Cybercrime 115
Crimes and Classifications 73 Enforcing Cyber Laws 116
Policy, Programs, and Issues in Criminal Justice: What the Future Holds 118
Ex Post Facto Laws 74 Summary 118
The Legal Definition of a Crime 76 Key Terms 119
Actus Reus 77 Review Questions 119
Mens Rea 78
The Relationship of Mens Rea and Actus Reus 78
Strict Liability 78 Part 2
Criminal Defenses 78 THE POLICE AND LAW ENFORCEMENT 121
Excuse Defenses 80
Justification Defenses 82
CHAPTER 5
Reforming the Criminal Law 83
Creating New Crimes 84 Police in Society:
Changing Defenses 86 History and Organization 122
Constitutional Criminal Procedure 86 The History of Police 125
Due Process of Law 87 Private Police and Thief Takers 126
The Meaning of Due Process 88 Creating Public Police 127
Summary 90 Law Enforcement in Colonial America 127
Key Terms 90 Early Police Agencies 128
Review Questions 91 Twentieth-Century Reform 130
The Emergence of Professionalism 130
Contemporary Policing: 1960–2006 130
CHAPTER 4 Policing in the 1960s 131
Criminal Justice in the New Millennium: Policing in the 1970s 131
Terrorism, Homeland Security, Policing in the 1980s 131
Policing in the 1990s 132
and Cybercrime 92 Policing and Law Enforcement Today 133
Contemporary Challenges of the Criminal Justice
Federal Law Enforcement Agencies 133
System 94
State Law Enforcement Agencies 136
Terrorism 94
County Law Enforcement Agencies 137
Who Is the Terrorist? 95 Metropolitan Law Enforcement Agencies 138
The Contemporary Terrorist 96
Technology and Law Enforcement 139
Homeland Security: The Criminal Justice Response
Information Technology 141
to Terrorism 98
Criminal Identification 141
The Law Enforcement Response to Terrorism 99 Automated Fingerprint Identification
Race, Culture, and Gender in Criminal Justice: Criminal Systems 141
Groups/Terrorist Groups: One and the Same? 100 Criminal Justice and Technology:
Federal Law Enforcement 101 Crime Mapping 142
Department of Homeland Security (DHS) 103 DNA Testing 144
Organization and Mission of the DHS 103 Communications 145
State Law Enforcement Efforts to Combat Future Tech 145
Terrorism 104
Local Law Enforcement 105 Summary 146
Key Terms 146
The Law and Terrorism 106
Review Questions 147
The USA Patriot Act 106
Policy, Programs, and Issues in Criminal Justice:
Operation Atlas 107 CHAPTER 6
Communications Assistance for Law The Police: Role and Function 148
Enforcement Act (CALEA) 108 The Police Organization 150
Cybercrime 108 The Police Role 151
Computer Crime 109 The Patrol Function 153
The Extent of Computer Crime 111 Patrol Activities 153
Internet Crime 112 Does Patrol Deter Crime? 154
 CONTENTS vii

Policy, Programs, and Issues in Criminal Justice: Summary 215

The Indianapolis Gun Control Program 156 Key Terms 215
The Investigation Function 158 Review Q
uestions 216
How Do Detectives Detect? 159
Sting Operations 161 Part 3
Evaluating Investigations 161
Improving Investigations 162
COURTS AND ADJUDICATION 217
Community Policing 163
Implementing Community Policing 164
CHAPTER 8
Changing the Police Role 166
Courts, Prosecution, and the Defense 218
Problem-Oriented Policing 166
State Courts 220
The Challenges of Community Policing 168
Courts of Limited Jurisdiction 220
Overcoming Obstacles 169
Courts of General Jurisdiction 221
Support Functions 170 Policy, Programs, and Issues in Criminal Justice:
Policy, Programs, and Issues in Criminal Justice: Specialized Courts: Drugs and Mental Health 222
Civilian Review Boards 172 Appellate Courts 222
Summary 174
Federal Courts 224
Key Terms 174
U.S. District Courts 224
Review u Qestions 175
U.S. Courts of Appeals 226
CHAPTER 7 The U.S. Supreme Court 227
Issues in Policing: Professional, Social, Federal and State Court Caseloads 229
The Judiciary 231
and Legal 176 The Judge and the Justice System 232
Who Are the Police? 179 Judicial Q
ualifications 232
Demographic Makeup 179 The Prosecutor 233
Minority Police Officers 180
Types of Prosecutors 234
Women in Policing 181
Educational Characteristics 182 Prosecutorial Discretion 236
Factors Influencing Prosecutorial Discretion 237
The Police Profession 183
The Role of Prosecutorial Discretion 238
The Police Culture 184
Prosecutorial Ethics 239
The Police Personality 185
Policing Style 185 The Defense Attorney 240
The Role of the Criminal Defense Attorney 240
Police Discretion 187
Legal Factors 187 The Right to Counsel 240
Environmental Factors 188 Legal Services for the Indigent 241
Departmental Factors 188 The Private Bar 242
Situational Factors 189 The Competence of Defense Attorneys 243
Extralegal Factors 190 Ethical Issues in Criminal Defense and
Prosecution 244
Problems of Policing 190
Police and Stress 190 Court Administration 245
Race, Culture, and Gender in Criminal Justice: Using Technology in Court Management 245
Racial Profiling 191 Policy, Programs, and Issues in Criminal Justice:
Police Brutality 194 Ethical Issues in Defense: Should Defense
Police and Deadly Force 196 Lawyers Tell the Truth? 246
Police and Corruption 200 Summary 248
Criminal Justice and Technology: Key Terms 249
Less-Than-Lethal Weapons 202 Review Q uestions 249
Controlling Police Behavior 206
Police and the Rule of Law 207
CHAPTER 9
The Police and the Courts 208 Pretrial Procedures 250
Custodial Interrogation 208 Bail 252
Search and Seizure 211 Bail Today 253
The Exclusionary Rule 212 Receiving Bail 254
viii CONTENTS

Bail Services 254 Presentation of the Defense Attorney’s

The Legal Right to Bail 255 Evidence 288
Policy, Programs, and Issues in Criminal Justice: Closing Arguments 288
Kentucky’s Statewide Pretrial Services Agency 256 Instructions to the Jury 288
Making Bail 257 The Verdict 289
Bail Reform 258 The Sentence 289
The Appeal 290
Preventive Detention 260
Summary 291
Pretrial Detention 261 Key Terms 291
The Effects of Detention 261 Review Questions 291
Charging the Defendant 262
The Indictment Process—The Grand CHAPTER 11
Jury 262
The Indictment Process—The Preliminary
Punishment and Sentencing 292
Hearing 263 The History of Punishment 294
Arraignment 263 From Exile to Fines, Torture to
The Plea 264 Forfeiture 294
Public Work and Transportation to the
Plea Bargaining 265 Colonies 295
Legal Issues in Plea Bargaining 266 The Rise of the Prison 296
Plea Bargaining Decision Making 267
The Role of the Defense Counsel 268 The Goals of Modern Sentencing 297
The Role of the Judge 269 General Deterrence 297
The Role of the Victim 269 Incapacitation 298
Plea Bargaining Reform 269 Specific Deterrence 298
Negotiation Oversight 270 Retribution/Just Desert 299
Banning Plea Bargaining 270 Rehabilitation 299
Equity/Restitution 299
Pretrial Diversion 271
Summary 272 Imposing the Sentence 300
Key Terms 273 Concurrent vs. Consecutive Sentences 300
Review Questions 273 The Effect of Good Time 300
Sentencing Models 301
CHAPTER 10 Indeterminate Sentences 301
Determinate Sentences 302
The Criminal Trial 274 Mandatory Sentences 304
Civil Rights During Trial 276 Three-Strikes Laws 304
The Right to Be Competent at Trial 276 Truth in Sentencing 305
The Right to Confront Witnesses 277
The Right to a Jury Trial 278 How People Are Sentenced 305
The Right to a Twelve-Person Jury 278 What Factors Affect Sentencing? 306
The Right to a Unanimous Jury Verdict 278 Capital Punishment 309
The Right to Counsel at Trial 279 Arguments for the Death Penalty 309
The Right to Self-Representation 279 Race, Culture, and Gender
The Right to a Speedy Trial 279 in Criminal Justice:
The Right to a Public Trial 280 Race and Sentencing 310
The Right to Be Convicted by Proof Beyond a
Reasonable Doubt 281 Race, Culture, and Gender
in Criminal Justice:
The Trial Process 282 The Death Penalty Abroad 313
Jury Selection 283 Arguments Against the Death Penalty 314
Opening Statements 286 Legal Issues in Capital Punishment 319
Witness Testimony 286 Does the Death Penalty Deter Murder? 320
Presentation of Evidence at a
Summary 322
Criminal Trial 287
Key Terms 323
Motion for a Directed Verdict 287
Review Questions 323
 CONTENTS ix

Part 4 Prisons at the Turn of the Twentieth Century 364

Contemporary Correctional Trends 367
CORRECTIONS AND ALTERNATIVE
SANCTIONS 325 Jails 368
Jail Populations 368
Jail Conditions 369
CHAPTER 12 New-Generation Jails 370
Community Sentences: Probation, Prisons 371
Types of Prisons 371
Intermediate Sanctions, and Restorative Criminal Justice and Technology: Technocorrections:
Justice 326 Contemporary Correctional Technology 373
Probation 328 Alternative Correctional Institutions 375
The History of Community Sentencing 329 Prison Farms and Camps 375
The Concept of Probation 330
Policy, Programs, and Issues in Criminal Justice:
Awarding Probation 331
Ultra-Maximum-Security Prisons 376
Probation Eligibility 332
Shock Incarceration in Boot Camps 376
Conditions of Probation 332
Community Correctional Facilities 378
Administration of Probation Services 333
Private Prisons 379
Duties of Probation Officers 334
Legal Rights of Probationers 336 Inmate Populations 380
How Successful Is Probation 338 Growth Trends 381
How Successful Is Felony Probation? 338 Explaining Prison Population Trends 382
Who Fails on Probation and Why? 338 Policy, Programs, and Issues
The Future of Probation 339 in Criminal Justice:
Intermediate Sanctions 340 The Problem of Elderly Inmates 383
Advantages of Intermediate Sanctions 340 Future Trends 383
Fines 341 Summary 384
Forfeiture 344 Key Terms 385
Restitution 344 Review Questions 385
Shock Probation and Split Sentencing 345
Intensive Probation Supervision 346
House Arrest 346 CHAPTER 14
Electronic Monitoring 347 Prison Life: Living in and Leaving
Residential Community Corrections 349 Prison 386
Restorative Justice 350 Men Imprisoned 388
The Concept of Restoration 351 Adjusting to Prison 389
Restoration Programs 352 The Inmate Social Code 390
Restoration in Practice 352 The New Inmate Culture 391
Race, Culture, and Gender in Criminal Justice:
Conferencing in Australia 353 Women Imprisoned 392
Female Institutions 392
The Challenge of Restorative Justice 353
Female Inmates 392
Race, Culture, and Gender in Criminal Justice: Adapting to the Female Institution 393
Restorative Cautioning in England 354 Separate but Unequal 394
Summary 355
Key Terms 356 Correctional Treatment Methods 395
Review Questions 357 Individual and Group Treatment 395
Policy, Programs, and Issues
CHAPTER 13 in Criminal Justice:
Corrections: History, Institutions, and Therapeutic Communities 396
Educational and Vocational
Populations 358 Programs 397
The History of Correctional Institutions 360 Can Rehabilitation Work? 400
American Developments 362
Pennsylvania vs. New York: Isolate vs. Guarding the Institution 400
Congregate 364 Female Correctional Officers 401
x CONTENTS

Prison Violence 402 Police Processing of the Juvenile Offender 426

What Causes Violence? 403 Use of Discretion 427
Prisoners’ Rights 404 Legal Rights 429
Substantive Rights 406 The Juvenile Court Process 429
The Intake Process 429
Leaving Prison 408
The Detention Process 430
Parole 408 Bail 432
The Parole Board 409 Plea Bargaining 432
The Parolee in the Community 410 Waiver of Jurisdiction 433
The Effectiveness of Parole 411 The Trial 435
Why Do People Fail on Parole? 411 Disposition and Treatment 436
Race, Culture, and Gender Juvenile Sentencing Reform 437
in Criminal Justice: Monitoring
The Juvenile Correctional Process 437
High-Risk Offenders in New Zealand 412
Probation 437
Policy, Programs, and Issues Institutionalization 438
in Criminal Justice: Deinstitutionalization 440
The Problems of Reentry 414 Aftercare 440
Summary 415 Preventing Delinquency 441
Key Terms 416
Policy, Programs, and Issues in Criminal Justice:
Review u Qestions 416
The Fast Track Project 442
Policy, Programs, and Issues in Criminal Justice:
Should the Juvenile Justice System Be Maintained?
Part 5 Abolished? 444
JUVENILE JUSTICE 417 Keep the Juvenile Court? 445
Summary 446
Key Terms 446
CHAPTER 15 Review Q uestions 447
The Juvenile Justice System 418
Glossary 448
The History of Juvenile Justice 420
Care of Children in Early America 421 Notes 457
The Child-Saving Movement 421 Case Index 483
The Refuge Movement Spreads 421
Name Index 485
Establishment of the Juvenile Court 422
The Development of Juvenile Justice 422 Subject Index 493
Juvenile Justice Today 424 Photo Credits 505
Career Profiles
Chapter 1 • Ross Wolf Chapter 9 • Ralph C. Martin II
Division Chief of the Orange County Attorney; Partner at Bingham
Sheriff’s Office Reserve Unit, Orange McCutchen LLP and Managing Principal
County, Florida of Bingham Consulting Group, Boston,
Massachusetts
Chapter 2 • John A. Graham
United States Customs Service, Corpus Chapter 10 • Wade Schindler
Christi, Texas Court Forensics Expert, Adjunct
Professor of Criminal Justice and Crimi-
nology at Tulane University, Tulane
Chapter 3 • David Sher University, New Orleans, Louisiana
Defense Attorney, Arlington, Virginia
Chapter 11 • Tim Kenny
Judge, Criminal Division of the 3rd
Circuit Court, Wayne County (Detroit),
Chapter 4 • Terry McAdam Michigan
Forensic Scientist, Washington State
Patrol Crime Lab, Tacoma, Washington Chapter 12 • Debra Heath-Thornton
Crime Victim Advocate; Associate
Professor of Criminal Justice and
Chapter 5 • Tom Kukowski Sociology at Messiah College, Grantham,
Police Captain of the Criminal Investiga- Pennsylvania
tions Bureau of the Milwaukee Police
Department, West Allis, Wisconsin Chapter 13 • Debra Rasouliyan
Program Director, Women for Women
Chapter 6 • Lee Libby i(n-custody substance abuse treatment),
Detective Sergeant r( etired), Seattle Police Atlanta Detention Center, Atlanta,
Department, Seattle, Washington; Georgia
Professor of Criminal Justice, Washington
Shoreline Community College Chapter 14 • Rachel Anita Jung
Training Officer III, Executive
Chapter 7 • Jeff Czarnec Development Manager, Staff Develop-
Detective r( etired), Manchester, New ment Bureau, Arizona Department of
Hampshire; now teaching at Hesser Corrections, Phoenix, Arizona
College, Manchester, New Hampshire
Chapter 15 • Kathryn Sellers
Chapter 8 • Tim Bakken Developed a Drug Outpatient Program
Attorney/Prosecutor; Professor in the for juveniles found guilty of drug/alcohol
Department of Law at the United States related crimes; Court Referral Officer,
Military Academy at West Point, New Virginia
York

xi
Preface

O
n April 21, 2004, a grand jury indicted Michael Jackson—the “King of
Pop”—on ten felony counts, setting off one of the most highly publi-
cized cases of the decade. Among the charges:
• 1 count of attempting a lewd act upon a minor (3 to 5 years)
• 4 counts of lewd acts involving a minor under the age of 14 (each count
carries a mandatory sentence of 3 to 8 years)
• 4 counts of administering an intoxicating agent (each count carries the
potential for a 16-month to 3-year sentence)
• 1 conspiracy count involving 28 separate acts, including child abduction,
false imprisonment, and extortion (2 to 4 years plus a $
10,000 fine)
The prosecution, led by Santa Barbara District Attorney Tom Sneddon,
claimed that Jackson sexually molested a teenage boy between February and
March of 2003 at his famed Neverland Ranch. During the trial, the prosecu-
tion attempted to paint Jackson as a pedophile who routinely provided kids
with liquor and wine (which Jackson allegedly called “Jesus Juice”), showed
them pornographic films, shared his bed with them, and, most damaging,
engaged in frequent bouts of sexual molestation. Jackson’s legal defense retal-
iated by painting the accuser and his family as greedy opportunists who con-
cocted a story to extort money from a millionaire celebrity. They claimed that
the alleged victim was controlled by his mother, who was intent on taking ad-
vantage of Jackson’s generosity and love of children. Rather than a molester,
Jackson was an innocent, childlike adult who, if anything, was simply too lav-
ish in his affection for needy kids.
In one bizarre twist, the boy’s mother claimed that Jackson had held the
family hostage in the wake of the television broadcast of “Living with Michael
Jackson”(BBC News, February 4, 2003), during which Jackson admitted to
British interviewer Martin Bashir that he had slept in the same bed with
young boys. At one point in the documentary Jackson is seen with his 13-year-
old accuser, who rests his head on Jackson’s shoulder and talks enthusiasti-
cally about the singer. The accuser’s mother claimed that Jackson’s fear of the
impact the documentary would have on the public drove him and his staff to
intimidate and restrain the family—at which point the media became an
actual player in the case rather than just an outside reporter of what was
happening.
And the trial itself quickly turned into a media circus. Reporters arrived
from around the world. Actors recreated court testimony on nightly entertain-
ment programs, celebrities were served with subpoenas, a gag order was
placed on comedian Jay Leno, and so on. The turning point in the case may
have come on May 11, 2005, when former child actor Macaulay Culkin denied
that Jackson molested him when he spent time at the Neverland Ranch.
Culkin’s testimony reassured jurors that Jackson was not an evil predator; it
was particularly important to counterbalance testimony that Jackson had
paid millions to other boys in prior molestation cases. On June 13, 2005, the
jury found Jackson not guilty of the charges, ending one of the most bizarre
cases in the annals of American jurisprudence.
 PREFACE xiii

INTRODUCTION TO CRIMINAL JUSTICE

The Jackson case raises many questions about the American criminal justice
system. Does the system treat celebrities more leniently than the average citi-
zen?Conversely, are prosecutors overzealous in their pursuit of high-profile
defendants such as Michael Jackson, Kobe Bryant, or Martha Stewart?
Should the media be allowed to broadcast intimate details about a defendant’s
life?Should a defendant’s prior behavior be considered by jurors?
While the Jackson case was certainly unique, it reminds us of the great im-
pact crime, law, and justice have had on the American consciousness. Few de-
fendants can afford high-priced defense teams or call famous witnesses such as
Macaulay Culkin or Jay Leno to testify on their behalf as could Jackson.
Nonetheless, each year the criminal justice system routinely processes millions
of cases involving theft, violence, drug trafficking, and other crimes. How does
this vast enterprise costing billions of dollars and involving millions of people
operate?What are its most recent trends and policies?How effective are its ef-
forts to control crime?What efforts are being made to improve its efficiency?
Essentials of Criminal Justice was written in an attempt to help answer
these questions and many others in a concise, forthright, interesting, and ob-
jective manner. The book lays a groundwork for the study of criminal justice
by analyzing and describing the agencies of justice and the procedures they
use to identify and treat criminal offenders. It covers what most experts agree
are the critical issues in criminal justice and analyzes their impact on the jus-
tice system. Our primary goals in writing the text have always been these:
1. To provide students with a thorough, up-to-date knowledge of the crimi-
nal justice system.
2. To be as readable and interesting as possible.
3. To be objective and unbiased.
4. To describe the most current methods of social control and analyze their
strengths and weaknesses.
5. And finally, to strike the right balance between brevity and comprehen-
siveness.
Every attempt has been made to make the presentation of material inter-
esting, balanced, and objective. No single political or theoretical position
dominates the text; instead, the many diverse views that shape criminal jus-
tice and characterize its interdisciplinary nature are presented. The text in-
cludes topical information on recent cases and events to enliven and illustrate
the presentation. We hope that in Essentials of Criminal Justice we have pro-
vided a text that is informative and accurate, interesting, comprehensive yet
succinct, well-organized, up to date, and objective, as well as provocative and
thought-provoking.

ORGANIZATION
Essentials of Criminal Justice is divided into five parts. Part One gives the stu-
dent a basic introduction to crime, law, and justice. The first chapter covers the
agencies of justice and the formal justice process, as well as introducing
students to the informal justice system, which involves discretion, deal-making,
and plea bargains. Chapter 1 also discusses the major perspectives on justice
and shows how they shape justice policy. Chapter 2 discusses the nature and
extent of crime and victimization: How is crime measured?Where and when
does it occur?Who commits crime?Who are its victims?What social factors
xiv PREFACE

influence the crime rate?Chapter 3 provides a discussion of the criminal law

and its relationship to criminal justice. It covers the legal definition of crime,
the defenses to crime, and issues in Constitutional procedural law. Chapter 4 is
new to the Fifth Edition (see below for more details) and focuses on two
increasingly important areas of concern to the field: cybercrime and terrorism.
Part Two provides an overview of law enforcement. These chapters cover
the history and development of police departments, the functions of police in
modern society, issues in policing, and the police and the rule of law. In addi-
tion to such foundational topic coverage, these chapters also emphasize
community policing, technology and policing, recent developments/changes
in police procedure, and other timely topics.
Part Three is devoted to the adjudication process, from pretrial indictment
to the sentencing of criminal offenders. In this section, individual chapters fo-
cus on the organization of the court system, pretrial procedures, the criminal
trial, and sentencing i(ncluding bail, sentencing, and capital punishment).
Part Four focuses on the correctional system, including probation and
the intermediate sanctions of house arrest, intensive supervision, and elec-
tronic monitoring. While the traditional correctional system of jails, prisons,
community-based corrections, and parole are discussed at length, there is a
new focus on restorative justice programs in the Fifth Edition (see below for
more details). Such issues as the prison and jail overcrowding crisis, correc-
tional treatment, super-maximum-security prisons, and inmate re-entry are
discussed.
Finally, Part Five explores the juvenile justice system and includes cover-
age of the development of juvenile justice, the legal rights of juveniles, and the
changing view of the juvenile offender.

THE FIFTH EDITION

Because criminal justice is a dynamic, ever-changing field of scientific inquiry,
this text has been thoroughly updated and revised to reflect the field’s evolv-
ing concepts and processes as well as the most critical legal cases, research,
and policy initiatives. Among the most important enhancements we have
made to the text are the inclusion of a brand-new chapter on terrorism and
cybercrime and a more concise or “leaner”treatment of material throughout
the text to keep pace with the evolving learning styles of today’s students.
Another key change to the Fifth Edition is the incorporation of chapter-
opening career profiles that describe in detail the backgrounds and activities
of working professionals in the criminal justice system. These vignettes have
been created to offer students insight into various criminal justice careers:
how people choose them, what educational background they require, what
such professionals do on the job every day, and what they see as their greatest
challenges. A complete list of career profiles can be found on page xi, and we
owe each of these people a special note of thanks for allowing us to interview
them.

Chapter-by-Chapter Changes
• Chapter 1, Crime and Criminal Justice. This chapter has been stream-
lined and reorganized to provide a more manageable introduction to
criminal justice. In particular, the discussion of perspectives of justice has
been rewritten to provide a more concise overview, and the discussion of
the wedding cake model of justice is more succinct than in previous edi-
tions. This chapter also features a new section on ethics in criminal jus-
tice, which looks at the ethical dilemmas facing police, prosecutors, and
 PREFACE xv

correctional agents. Finally, a new Policies, Programs, and Issues in

Criminal Justice box S “( hould Drugs be Legalized?)”has been created to
examine this important issue and present evidence from both sides of the
debate.
• Chapter 2, The Nature of Crime and Victimization. The data included
in this chapter has been carefully updated, particularly in the sections on
international crime trends and the factors that influence crime rates. The
chapter also reviews recent research on using hidden cameras to observe
crime, crime trends and patterns, and the validity of self-report data, and
includes a new Race, Culture, and Gender in Criminal Justice box
titled I“nternational Crime Trends.”
• Chapter 3, Criminal Law: Substance and Procedure. This chapter has
been carefully updated and rewritten to explain criminal law in simpler,
clearer language. The sections on history and the sources of criminal law
in particular have been made more clear and concise. And we have in-
cluded a new discussion of ex post facto laws, as well as an analysis of
Lawrence v. Texas, in which the Supreme Court declared that laws ban-
ning sodomy were unconstitutional.
• Chapter 4, Criminal Justice in the New Millennium: Terrorism, Home-
land Security, and Cybercrime. Because agencies of the criminal justice
system are now being called upon to confront new forms of criminality, a
new chapter has been added that covers terrorism, homeland security, and
cybercrime. The chapter discusses the factors that may cause someone to
become a terrorist and the background of the contemporary terrorist. It
reviews the findings of the 9/11 Commission and the agencies/positions that
were created to lead the fight against terrorism, including the Department
of Homeland Security and the Director of National Intelligence. Local- and
state-level antiterrorism strategies are discussed. We also cover the USA
Patriot Act and its impact on society. The chapter then turns to cybercrime
and discusses its definition, the various forms it takes, and what is being
done to thwart cybercriminals.
• Chapter 5, Police in Society: History and Organization. This chapter
now covers the post-9/11 reorganization of the FBI and the Bureau of Al-
cohol, Tobacco, Firearms, and Explosives; salaries of law enforcement of-
ficers; and the use of new technologies such as virtual information and
Web-based facial recognition systems.
• Chapter 6, The Police: Role and Function. In this chapter, we review
current community- and problem-oriented policing programs. There is an
updated analysis of CompStat, the program that has helped the NYPD
bring the city’s crime rate down, as well as new information on structural
changes in detective bureaus and detection methods. The chapter also
covers new research on female police officers and precinct-level efforts to
ensure that officers are respectful of citizens.
• Chapter 7, Issues in Policing: Professional, Social, and Legal. This
thoroughly revised chapter covers research into how police departments
are reluctant to change and the effects of education on police perfor-
mance. The chapter includes updated discussion of racial profiling and
new data from the most recent survey of police contacts with civilians.
Helpful new exhibits on “Models of Police Review Boards”and the O “ ffice
of Citizen Complaints”(OCC)in San Francisco have also been added to
the chapter to clarify key points.
• Chapter 8, Courts, Prosecution, and the Defense. This chapter
features new research that finds that African-American women are
actually less likely to support prosecution of domestic violence than
Caucasian women despite the fact that additional research indicates that
xvi PREFACE

court protection orders can reduce the incidence of repeat violence. New
programs discussed include Santa Barbara’s Elder Abuse Unit and
Mason County, Washington’s effort to have fees paid to fund crime
victim programs. There is a new Policy, Programs, and Issues in
Criminal Justice box titled “Ethical Issues in Defense: Should Defense
Attorneys Tell the Truth?”and the court technology material includes a
new section on information sharing.
• Chapter 9, Pretrial Procedures. Coverage of the role prosecutors play in
plea bargaining has been updated, as has coverage of recent efforts to re-
duce plea negotiations in serious felonies. The chapter contains a recent
study indicating that bail may be racially or ethnically biased and that
African-American and Hispanic defendants receive less favorable treat-
ment than whites charged with similar offenses. Finally, research on the
types of offenders who succeed in pretrial programs has been added.
• Chapter 10, The Criminal Trial. A new section on the right to be compe-
tent at trial details research on the conditions necessary for a person to be
considered mentally incompetent. The section on the level of proof
needed for conviction has been updated, and there is additional material
on the presentation of evidence at a criminal trial. New research focusing
on racism and jury selection is included and there is analysis of a recent
federal case in which the courts refused to extend the right of the press to
attend deportation hearings.
• Chapter 11, Punishment and Sentencing. This chapter reviews a num-
ber of important cases, including Blakely v. Washington, in which the
Supreme Court concluded that Washington state’s sentencing guidelines
were a violation of a defendant’s Sixth Amendment rights; United States v.
Booker, which held that the federal guidelines were unconstitutional; and
Roper v. Simmons (2005), in which the Supreme Court set 18 years as the
age at which a defendant can be sentenced to death. The Race, Culture,
and Gender in Criminal Justice box “Race and Sentencing”has also
been updated to include recent research that finds that on average African
Americans receive 20 percent longer sentences than whites.
• Chapter 12, Community Sentences: Probation, Intermediate Sanc-
tions, and Restorative Justice. This chapter looks at the explosive
growth of probation, the use of probation abroad, and new restorative jus-
tice techniques in alternative sanctions. It covers recent research that
shows—surprisingly—that males convicted of sexual offenses seem to do
quite well on probation. Also covered is Maryland’s HotSpot probation
initiative. And we even devote some time to Jennifer Wilbanks, the notori-
ous “runaway bride,”and her sentence to intermediate sanctions. Finally,
a Race, Culture, and Gender in Criminal Justice box looks at R “ estora-
tive Cautioning in England.”
• Chapter 13, Corrections: History, Institutions, and Populations. This
chapter includes updated discussion of trends in correctional populations
and shows how sentencing changes influence corrections. Also included
is new material on ultra-maximum-security prisons and another look at
the increasingly important issue of elderly inmates.
• Chapter 14, Prison Life: Living in and Leaving Prison. This chapter
features new material on prisoner re-entry and parole as well as a new
Policy, Programs, and Issues in Criminal Justice box on “Therapeutic
Communities”and a Race, Culture, and Gender in Criminal Justice
box on “Monitoring High-Risk Offenders in New Z ealand.”There is new
material on sexual assault in prisons, and the Prison Rape Reduction Act
of 2003 is covered in some detail.
 PREFACE xvii

• Chapter 15, Juvenile Justice. The final chapter of the book has been
thoroughly revised and updated. The new book Juvenile Justice in the
Making, by historian David Tanenhaus, is discussed and a new exhibit sets
out Hawaii’s Family Court project. Also covered in this chapter are the
Fast Track Project, a national juvenile treatment effort, and the Children
at Risk (CAR)program, a highly regarded rehabilitation effort.

LEARNING TOOLS
We have created a comprehensive, proven learning system designed to help
students get the most out of their first course in criminal justice. In addition
to the many changes already mentioned, we have included a wealth of new
photographs to appeal to visual learners and make material more relevant and
meaningful. Carefully updated tables and figures highlight key chapter con-
cepts. New “Learning Objectives”sections appear at the start of every chapter
to help students chart their course, while new “Concept Summaries”appear
throughout the chapters to enable students to check their understanding of
key concepts as they work. Marginal definitions of key terms, concise,
bulleted end-of-chapter summaries, and a comprehensive end-of-book glos-
sary all help students master the material, and Internet research links appear-
ing in the text’s margins let students explore topics further via the Web.
We have also included a number of thematic boxes to highlight and am-
plify text coverage and introduce students to some of the field’s most crucial
programs, policies, and issues.

Policy, Programs, and Issues in Criminal Justice These boxes help students
think critically about current justice issues, policies, and practices. Some of
the new boxes focusing on cutting-edge issues/policies include:
• Should Drugs Be Legalized?C ( h. 1)
• Ex Post Facto Laws (Ch. 3)
• Operation Atlas (Ch. 4)
• The Problem of Elderly Inmates (Ch. 13)
• Therapeutic Communities (Ch. 14)
• The Fast Track Project (Ch. 15)

Race, Culture, and Gender in Criminal Justice These boxes are aimed at
helping students achieve a better understanding of diversity concerns in the
justice system and spotlight such issues as:
• Criminal Groups/Terrorist Groups: One and the Same?C ( h. 4)
• Racial Profiling (Ch. 7)
• Restorative Cautioning in England (Ch. 12)
• Monitoring High-Risk Offenders in New Z ealand (Ch. 14)

Criminal Justice and Technology These boxes review how some of the more
recent scientific advances can aid the justice system. New technologies cov-
ered include:
• Crime Mapping C( h. 5)
• Less-than-Lethal Weapons (Ch. 7)
xviii PREFACE

SUPPLEMENTS
The most extensive package of supplemental aids available for a criminal jus-
tice text accompanies this edition. Many separate items have been developed
to enhance the course and to assist instructors and students. Available to qual-
ified adopters. Please consult your local sales representative for details.

For the Instructor

Instructor’s Edition Designed just for instructors, the Instructor’s Edition
includes a visual walkthrough that illustrates the key pedagogical features of
the text, as well as the media and supplements that accompany it. Use this
handy tool to quickly learn about the many options this text provides to keep
your class engaging and informative.

Instructor’s Resource Manual with Test Bank An improved and completely

updated Instructor’s Resource Manual with Test Bank has been developed by
Lynn Newhart of Rockford College. The manual includes learning objec-
tives, detailed chapter outlines, key terms, class discussion exercises, lecture
suggestions, term paper topics, and a test bank. Each chapter’s test bank
contains approximately 80 questions in multiple-choice, true-false, fill-in-
the-blank, and essay formats, with a full answer key. The test bank is coded
according to difficulty level and Bloom’s taxonomy, and it also includes the
page numbers in the main text where the answers can be found. The
Resource Integration Guide within the manual will help you maximize your
use of the rich supplements package that comes with the text by integrating
media, Internet, video, and other resources. A transition guide will make it
easier for you to update your syllabi if you are changing from another text
to Essentials of Criminal Justice, Fifth Edition, and will also help you corre-
late the material in the text with other textbooks you may have used. The
Instructor’s Resource Manual is backed up by ExamView, a computerized
test bank available for IBM-PC compatibles and Macintosh computers.

ExamView® Computerized Testing Create, deliver, and customize tests and

study guides (both print and online) in minutes with this easy-to-use
assessment and tutorial system. ExamView offers both a Q uick Test Wizard
and an Online Test Wizard that guide you step by step through the process of
creating tests. You can build tests of up to 250 questions using up to 12 ques-
tion types. Using ExamView’s complete word processing capabilities, you can
enter an unlimited number of new questions or edit existing questions.

WebTutor™ ToolBox on Blackboard and WebCT A powerful combination:

easy-to-use course management tools and content from this text’s rich com-
panion website all in one place. You can use ToolBox as is from the moment
you log on—or, if you prefer, customize the program with web links, images,
and other resources.

Classroom Presentation Tools for the Instructor

Multimedia Manager for Criminal Justice: A Microsoft® PowerPoint® Link
Tool This valuable resource is a one-stop shop containing all of the art from
the book as well as interactive learning tools that will enhance your class-
room lectures. In addition, you can choose from the ready-made dynamic
slides offered or customize your own with the art files provided from the text.

JoinIn™ on TurningPoint® Enhance your students’ interaction with you, your

lecture, and each other. This exciting new response system supplement allows
you to transform your classroom and assess student progress with instant in-
class quizzes and polls. The TurningPoint software lets you pose book-specific
 PREFACE xix

questions and display students’ answers seamlessly within the Microsoft

PowerPoint slides of your own lecture, in conjunction with the “clicker”hard-
ware of your choice.

The Wadsworth Criminal Justice Video Library So many exciting, new

videos—so many great ways to enrich your lectures and spark discussion
of the material in this text. View our full video offerings and download
clip lists with running times at www.cj.wadsworth.com/videos. Your Thomson
Wadsworth representative will be happy to provide details on our video policy
by adoption size. The library includes these selections and many others:
• ABC Videos: Feature short, high-interest clips from current news events as
well as historic raw footage going back 40 years. Perfect for discussion
starters or to enrich your lectures and spark interest in the material in the
text, these brief videos provide students with a new lens through which to
view the past and present, one that will greatly enhance their knowledge
and understanding of significant events and open up to them new dimen-
sions in learning. Clips are drawn from such programs as World News
Tonight, Good Morning America, This Week, PrimeTime Live, 20/20, and
Nightline, as well as numerous ABC News specials and material from the
Associated Press Television News and British Movietone News collections.
Your Thomson Wadsworth representative will be happy to provide a com-
plete listing of videos and policies.
• 60 Minutes DVD: Featuring 12-minute clips from CBS’s 60 Minutes news
program, this DVD will give you a way to explore a topic in more depth
with your students without taking up a full class session. Topics include
the Green River Killer, the reliability of DNA testing, and California’s
Three Strikes Law. Produced by Wadsworth, CBS, and Films for the
Humanities.
• The Wadsworth Custom Videos for Criminal Justice: Produced by
Wadsworth and Films for the Humanities, these videos include short five-
to ten-minute segments that encourage classroom discussion. Topics
include white-collar crime, domestic violence, forensics, suicide and the
police officer, the court process, the history of corrections, prison society,
and juvenile justice.
• CNN® Today: Integrate the up-to-the-minute programming power of CNN
and its affiliate networks right into your course. This video features short,
high-interest clips perfect for launching your lectures.
• Oral History Project: Developed in association with the American Society
of Criminology, the Academy of Criminal Justice Society, and the National
Institute of Justice, these videos will help you introduce your students to
the scholars who have developed the criminal justice discipline. Compiled
over the last several years, each video features a set of guest lecturers—
scholars whose thinking has helped to build the foundation of present
ideas in the discipline. Vol. 1: Moments in Time; Vol. 2: Great Moments in
Criminological Theory; Vol. 3: Research Methods.
• COURT TV Videos: One-hour videos presenting seminal and high-profile
cases, such as the interrogation of Michael Crowe and serial killer Ted
Bundy, as well as crucial and current issues such as cybercrime, double
jeopardy, and the management of the prison on Riker’s Island.
• A&E American Justice: Forty videos to choose from, on topics such as
deadly force, women on death row, juvenile justice, strange defenses, and
Alcatraz.
• Films for the Humanities: Nearly 200 videos to choose from on a variety of
topics such as elder abuse, supermax prisons, suicide and the police offi-
cer, the making of an FBI agent, domestic violence, and more.
xx PREFACE

For the Student

Criminal JusticeNow™ This unique, interactive online resource is the most ex-
citing assessment-centered student learning tool ever offered for this course.
Criminal JusticeNow determines students’ unique study needs by having them
take a chapter pre-test and then offering them personalized learning plans that
focus their study time on the concepts they need to master. Study plan re-
sources include video clips with questions, interactive diagrams, animations,
learning modules, PowerPoint lectures, career profiles, topic reviews, an
e-book, and more. Once the student has completed his personalized study plan,
a post-test evaluates his improved comprehension of chapter content. At any
time the student can view her pre- or post-test scores, and all scores and grad-
able assignments flow directly into the instructor’s grade book.

Study Guide An extensive student guide has been developed and updated for
this edition by Lynn Newhart of Rockford College. Because students learn in
different ways, the guide includes a variety of pedagogical aids to help them,
as well as integrated art and figures from the main text. Each chapter is out-
lined and summarized, major terms and figures are defined, and self-tests are
provided.

Companion Website
http://cj.wadsworth.com/siegel_ess5e
http://info.wadsworth.com/0534615333
The book-specific website provides many chapter-specific resources: chapter
outlines, chapter summary and review, the author’s own videotaped chapter
introductions, the book glossary, flash cards, tutorial quizzing, a final exam,
ABC video clips with questions, and content-rich audio files for use with stu-
dents’ iPods. The site also features Internet exercises, InfoTrac College Edi-
tion® exercises, a discussion forum, and multi-step learning modules (Con-
cept Builders)that present key concepts with case examples followed by essay
questions in which students apply their knowledge and critical-thinking skills.

The Wadsworth Criminal Justice Resource Center

www.cj.wadsworth.com
Now includes a direct link to “Terrorism: An Interdisciplinary Perspective,”an
intriguing site that provides thorough coverage of terrorism in general and
the issues surrounding the events of September 11. The site also features in-
formation on conventions and grants as well as an interactive criminal justice
timeline, hundreds of links to popular criminal justice sites, and much more.

Careers in Criminal Justice 3.0 Interactive CD-ROM Filled with self-

assessment and profiling activities, this unique CD is designed to help stu-
dents investigate and focus on the criminal justice career choices that are
right for them. The CD includes many outstanding features:
• The Career Rolodex features video testimonials from a variety of practic-
ing professionals in the field and information on hundreds of specific
jobs, including descriptions, employment requirements, and more.
• The Interest Assessment gives students a direct link to the Holland Per-
sonalized Self-Assessment Test, which is designed to help them decide
which careers suit their personalities and interests.
• The Career Planner features helpful tips and worksheets on résuméwrit-
ing, interviewing techniques, and successful job search strategies.
• Links for Reference offer direct links to federal, state, and local agencies
where students can get contact information and learn more about current
job opportunities.
 PREFACE xxi

Wadsworth’s Guide to Careers in Criminal Justice, Third Edition This handy

guide will give students information on a wide variety of career paths, includ-
ing requirements, salaries, training, contact information for key agencies, and
employment outlooks.

Handbook of Selected Supreme Court Cases, Third Edition This supplemen-

tary text provides briefs of key cases that have defined the administration of
justice in this country, along with citations and commentary.

Current Perspectives: Readings from InfoTrac College Edition These read-

ers, which are designed to give students a deeper taste of special topics in
criminal justice, include free access to InfoTrac College Edition. The timely
articles are selected from within InfoTrac College Edition by experts in each
topic. They are available free when bundled with the text.
• Terrorism and Homeland Security
• Juvenile Justice
• Public Policy

Terrorism: An Interdisciplinary Perspective Available for bundling with

each copy of Essentials of Criminal Justice, Fifth Edition, this 80-page book-
let (with companion website)discusses terrorism in general and the issues
surrounding the events of September 11, 2001. This information-packed
booklet examines the origins of terrorism in the Middle East, focusing on
Osama bin Laden in particular, as well as issues involving bioterrorism, the
specific role played by religion in Middle Eastern terrorism, globalization as
it relates to terrorism, and the reactions to and repercussions of terrorist
attacks.

Crime Scenes 2.0: An Interactive Criminal Justice CD-ROM Recipient of sev-

eral New Media Magazine Invision Awards, this interactive CD-ROM allows
your students to take on the roles of investigating officer, lawyer, parole offi-
cer, and judge in excitingly realistic scenarios. Available free when bundled
with every copy of the text. An online instructor’s manual for the CD-ROM is
also available.

Mind of a Killer CD-ROM (bundle version) Voted one of the top 100 CD-
ROMs by an annual PC Magazine survey, Mind of a Killer gives students a
chilling glimpse into the realm of serial killers with over 80 minutes of video
and 3D simulations, and extensive mapping system, a library, and much
more.

Internet Guide for Criminal Justice, Second Edition Internet beginners will
appreciate this helpful booklet. With explanations and the vocabulary neces-
sary for navigating the Web, it features customized information on criminal
justice–related websites and presents Internet project ideas.

Internet Activities for Criminal Justice, Second Edition This completely re-
vised 96-page booklet shows how to best utilize the Internet for research
through searches and activities.

Criminal Justice Internet Explorer, Third Edition This colorful brochure

lists the most popular Internet addresses for criminal justice–related web-
sites. It includes URLs for corrections, victimization, crime prevention,
high-tech crime, policing, courts, investigations, juvenile justice, research,
and fun sites.
xxii PREFACE

ACKNOWLEDGMENTS
Many people helped make this book possible. Those who reviewed this fifth
edition and made suggestions that I attempted to follow to the best of my abil-
ity, as well as all those who reviewed previous editions, are as follows:
Kelly Asmussen, Peru State University
E. Elaine Bartgis, Fairmont State College
Richard Becker, North Harris County College
Joe W. Becraft, Portland Community College
Julia Foster Beeman, University of North Carolina, Charlotte
Daniel James Bell, Southwest Texas State University
Bruce Bikle, Portland State University
Michael B. Blankenship, Memphis State University
Ronald R. Brooks, Clinton Community College
Kathleen A. Cameron, Arizona State University
Stephen M. Cox, Central Connecticut State University
Paul Cromwell, Wichita State University
Chris W. Eskridge, University of Nebraska–Omaha
Tom Fields, Cape Fear Community College
Jacqueline Fitzgerald, Temple University
Janet Foster Goodwill, Yakima Valley Community College
Verna Henson, Texas State University
Kathrine Johnson, Kentucky State University
William Kelly, Auburn University
Daniel A. Klotz, Los Angeles Valley College
Pearl Jacobs, Sacred Heart University
Patricia Joffer, South Dakota State University
Mark Jones, East Carolina University
Barry McKee, Bristol Community College
Terry Miller, Valencia Community College
Donald A. Nypower, Montgomery County Community College
Gregory Russell, Arkansas State University
Gary Thompson, Monroe Community College
Cecilia Tubbs, Jefferson State Community College
Ellen F. Van Valkenburgh, Jamestown Community College
Margaret Vandiver, University of Memphis
Special thanks must also go to Kathleen Maguire and Ann Pastore, editors of
the Sourcebook of Criminal Justice; the staff at the Institute for Social
Research at the University of Michigan; and the National Criminal Justice
Reference Service.
The form and content of this new edition were directed by our terrific new
editor Carolyn Henderson Meier. It has been a pleasure working with Carolyn
and our other colleagues at Thomson Wadsworth: the delightful developmental
editor (as well as singer and drummer)Shelley Murphy; the fantastic Jennie
Redwitz, our favorite production manager; the fabulous Linda Jupiter, produc-
tion editor and personal confidante; the marvelous Linda Rill, photo
editor and friend; the captivating Terra Schultz, our marketing manager; and
Susan DeVanna, technology project manager.
Larry Siegel
Bedford, NH
 PART 1
The Nature of Crime, Law,
and Criminal Justice
nationwide search began when eight-months-pregnant Laci Peter-

A son, a 27-year-old substitute teacher in Modesto, California, disap-

peared on Christmas Eve 2002. Her grieving husband, Scott, told her
family and police that she had simply vanished from their home while he was
on a fishing trip. She was going to take a walk in a nearby park, he said, and
never came back. When her body and that of her unborn child were found
four months later, Scott was charged with two counts of murder.
Though Laci’s parents and relatives at first believed that Scott Peterson
could not have harmed his wife, their trust was broken when detectives told
them that Scott was having an affair with a massage therapist named
Amber Frey and had also taken out a $250,000 life insurance policy on Laci.
Scott pleaded not guilty to two counts of murder. During the trial, the de-
fense first tried to blame the murder on transients who were in the park at
the time Laci disappeared and then floated a theory of mistaken identity
(i.e., Laci looked like a prosecutor who lived in the neighborhood and it
may have been a revenge killing). The prosecution presented evidence of
Scott’s infidelity and suspicious activity: he was seen carrying a large
wrapped object out of his house the night Laci disappeared; his “fishing 1 CRIME AND
trip” was in the vicinity of where her body was recovered. As the jury de- CRIMINAL
liberated, it seemed they were hopelessly deadlocked. Two jurors were re- JUSTICE
placed, the foreman (who asked to be replaced) and a juror who was sup- 2 THE NATURE OF
posedly conducting independent research on the case. On November 12, CRIME AND
2004, the reconstituted jury brought back a guilty verdict; Scott was sen- VICTIMIZATION
tenced to death soon after. 3 CRIMINAL LAW:
How can such crimes as the killing of Laci Peterson be explained? Are SUBSTANCE AND
they a product of an abnormal mind, or the result of social and economic PROCEDURE
factors? Are crimes like this common? Is the murder rate on the increase
or in decline? What factors must a jury consider in order to find Scott
guilty of murder in the first degree? And what should be done with a crimi-
nal such as Scott Peterson? Should he be sentenced to death? Or would
you spare his life? What would be the moral and ethical thing to do?
The first section of Essentials of Criminal Justice deals with these issues
in some detail. Chapter 1 reviews the criminal justice process, chapter 2
analyzes the nature and extent of crime, chapter 3 looks at criminal law
and its processes, while chapter 4 reviews some of the emerging issues
confronting the justice system. ■ 1
CHAPTER 1
Crime and Criminal Justice

© AP/Wide World Photos

R
OSS WOLF’S law enforcement career began when he went
on a ride-along with a college friend who was a sheriff’s
deputy with Florida’s Orange County Sheriff’s Office (OCSO).
In the course of one shift, he found his calling. He went through an
auxiliary academy and started working as a volunteer deputy. Four
years later, he completed the course at the state of Florida Basic Law
Enforcement Academy and started working full-time for the OCSO.
After transferring to the Criminal Investigations unit he spent several
years as a detective.
Though many contemporary law enforcement officers have college
degrees, Ross’s educational experience is beyond the norm: he holds a
B.A., a master’s degree in Public Administration, and a doctoral degree
in Higher Education Administration and Leadership, all from the Univer-
sity of Central Florida in Orlando. He also has attended numerous in-
service training sessions, gaining certificates from the Florida Depart-
Chapter Outline
Is Crime a Recent Development? 4 Justice Perspective 22
Crime at the Turn of the Twentieth Century 5 Restorative Justice Perspective 22
Perspectives in Perspective 24
Developing the Criminal Justice System 6
The Modern Era of Justice 6 Ethics in Criminal Justice 24
Federal Involvement in Criminal Justice 6 Ethics and Law Enforcement 25
Ethics and the Court Process 26
The Criminal Justice System Today 7
Ethics and Corrections 27
Agencies of the Criminal Justice System 7

The Formal Criminal Justice Process 9

The Criminal Justice Assembly Line 12

The Informal Criminal Justice System 14 Chapter Objectives

The “Wedding Cake” Model of Justice 14
1. Be able to define the concept of criminal
Perspectives on Justice 16 justice
Crime Control Perspective 16 2. Distinguish between the study of criminal
Rehabilitation Perspective 17 justice and criminology
Due Process Perspective 18 3. Be aware of the long history of crime in
Nonintervention Perspective 19 America
4. Discuss the development of the criminal
justice system
5. Be familiar with the agencies of the crimi-
nal justice system
6. Trace the formal criminal justice process
7. Know what is meant by the term “informal
criminal justice system”
8. Discuss the “wedding cake” model of
justice
9. Be familiar with the various perspectives
ment of Law Enforcement in Instructor Techniques, on justice
Criminal Law, Investigative Interviews, and Field 10. Understand the issues concerning ethics in
Training Officer. criminal justice
Though Ross Wolf’s educational credentials
qualify him to teach at the university level, he did not
want to give up his law enforcement career. Currently, he is the Division
Chief for the Orange County Sheriff’s Office Reserves. He leads a unit of
more than 70 men and women who each have various specialties in law
enforcement. They work in assignments such as SWAT, marine patrol,
background investigations, criminal investigations, aviation, public infor-
mation, and other law enforcement specialties. Though he holds an ad-
ministrative position, Ross Wolf spends part of a typical day in the field,
going on patrol, assisting in special details (like fundraisers for charitable
organizations and parades), proactive arrest details (like drug stings), and
teaching at the local police academy. The entire OCSO Reserve Unit has
3
4 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

been recognized as one of the most progressive volunteer police organi-

zations in the country.
Ross Wolf’s career, which gives him the opportunity to help society and
serve the public, illustrates the wonderful career prospects presented by
the criminal justice system. The system needs talented and educated
people because the public relies on the agencies of the criminal justice
system to provide solutions to the crime problem and to shape the direc-
tion of crime policy.

C
riminal justice may be viewed or defined as the system of law enforce-
ment, adjudication, and correction that is directly involved in the appre-
hension, prosecution, and control of those charged with criminal offenses.
This loosely organized collection of agencies is responsible for, among other
matters, protecting the public, maintaining order, enforcing the law, identify-
ing transgressors, bringing the guilty to justice, and treating criminal behav-
ior. The public depends on this vast system, employing more than two million
people and costing taxpayers more than $165 billion a year, to protect them
from evil-doers and to bring justice to their lives.
This text serves as an introduction to the study of criminal justice. Those
who study criminal justice typically engage in describing, analyzing, and ex-
plaining the behavior of those agencies, authorized by law and statute, to dis-
pense justice—police departments, courts, and correctional agencies—and
through their scholarly efforts, help them to identify effective and efficient
methods of crime control.
This chapter introduces some basic issues, beginning with a discussion of
the history of crime in America and the development of criminal justice. The
major organizations and criminal justice processes of the criminal justice
system are then introduced so that you can develop an overview of how the
system functions. Because there is no single view of the underlying goals that
help shape criminal justice, the varying perspectives on what criminal justice
really is or should be are set out in some detail.

Learn more about Crime by

IS CRIME A RECENT DEVELOPMENT?
viewing the “Klan Member” Crime and violence have existed in the United States for more than two hun-
“In the News” video clip.
dred years. In fact, the crime rate may actually have been much higher in the
nineteenth and early twentieth centuries than it is today.1 Guerilla activity was
frequent before, during, and after the revolutionary war. Bands supporting the
British—the Tories—and the American revolutionaries engaged in savage at-
tacks on each other, using hit-and-run tactics, burning, and looting.
The struggle over slavery during the mid-nineteenth century generated
decades of conflict, crimes, and violence, including a civil war. After the war,
night riders and the Ku Klux Klan were active in the South, using vigilante
methods to maintain the status quo and terrorize former slaves. The violence
spilled over into bloody local feuds in the hill country of southern Appalachia.
Factional hatreds, magnified by the lack of formal law enforcement and
grinding poverty, gave rise to violent attacks and family feuding.
criminal justice process The After the Civil War, former Union and Confederate soldiers headed west
decision making points from the with the dream of finding gold or starting a cattle ranch; some resorted to
initial investigation or arrest by
police to the eventual release of murder, theft, and robbery, such as the notorious John Wesley Hardin (who is
the offender and his or her reen- alleged to have killed 30 men, studied law in prison, and became a practicing
try into society; the various se- attorney before his death!), Billy the Kid, and Johnny Ringo. Opposing them
quential criminal justice stages
through which the offender were famous lawmen such as Wyatt Earp and Bat Masterson (who became a
passes. sports columnist in New York after hanging up his guns!).
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 5

© Bettmann/Corbis
At the turn of the last century, rural outlaws became mythic figures. At left are photos of the FBI’s six
most wanted men in 1934. Charles “Pretty Boy” Floyd (left photo, top right) was a folk hero among
the sharecroppers of eastern Oklahoma. Floyd robbed as many as thirty banks, filing a notch in his
pocket watch for each of the ten men he killed. Floyd was shot dead by police on October 19, 1934.
John Dillinger (left photo, top left and right photo) became the nation’s premier bank robber until he
was killed in front of a Chicago movie house on July 22, 1934. After his death, his body was put on
view at the morgue. Hordes of people came to view America’s most notorious criminal.

Although the Civil War generated western gunslingers, it also produced

widespread business crime. The great robber barons bribed government offi-
cials and intrigued to corner markets and obtain concessions for railroads, fa-
vorable land deals, and mining and mineral rights on government land. The
administration of President Ulysses Grant was tainted by numerous corrup-
tion scandals.

Crime at the Turn of the Twentieth Century

From 1900 to 1935, the nation experienced a sustained increase in criminal
activity. This period was dominated by Depression-era outlaws, including the
infamous “Ma” Barker (and her sons Lloyd, Herman, Fred, and Arthur), Bon-
nie Parker and Clyde Barrow, and Charles “Pretty Boy” Floyd. Notorious bank
robber John Dillinger cut a swath through the Midwest until he was slain on
Sunday, July 22, 1934 in a shootout with federal agents in front of a Chicago
movie house.
While these relatively small and mobile outlaw gangs were operating in
the Midwest, organized gangs flourished in the nation’s largest cities. The
first criminal gangs formed before the Civil War in urban slums, such as the
Five Points and Bowery neighborhoods in New York City. Though they
sported colorful names, such as the Plug Uglies, the Hudson Dusters, and
the Dead Rabbits, they engaged in mayhem, murder, and extortion. These
gangs were the forerunners of the organized crime families that developed
in New York and then spread to Philadelphia, Chicago, New Orleans, and
other major urban areas. They were the subject matter of the 2002 film
6 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Gangs of New York with Daniel Day-Lewis playing the gang leader William
“Bill the Butcher” Cutting and Leonardo DiCaprio as his rival, Amsterdam
Vallon.

Learn more about Criminal

DEVELOPING THE CRIMINAL JUSTICE SYSTEM
Justice by viewing the “Jackson The emergence of criminal gangs and groups in the nineteenth century coin-
Trial” “In the News” video clip.
cided with the development of formal agencies of criminal justice. In 1829 the
first police agency, the London Metropolitan Police, was developed to keep
the peace and identify criminal suspects. In the United States, police agencies
began to appear during the mid-nineteenth century. The penitentiary, or
prison, was created to provide nonphysical correctional treatment for con-
victed offenders; these were considered “liberal” innovations that replaced
corporal or capital punishment.
Although significant and far-reaching, these changes were rather isolated
developments. As criminal justice developed over the next century, these
fledgling agencies of justice rarely worked together in a systematic fashion. It
was not until 1919—when the Chicago Crime Commission, a professional as-
sociation funded by private contributions, was created—that the work of the
criminal justice system began to be recognized.2 This organization acted as a
citizens’ advocate group and kept track of the activities of local justice agen-
cies. The commission still carries out its work today.
In 1931 President Herbert Hoover appointed the National Commission of
Law Observance and Enforcement, which is commonly known today as the
Wickersham Commission. This national study group made a detailed analysis
of the U.S. justice system and helped usher in the era of treatment and reha-
bilitation. The final report found that thousands of rules and regulations gov-
erned the system and made it difficult for justice personnel to keep track of
the system’s legal and administrative complexity.3

The Modern Era of Justice

The modern era of criminal justice can be traced to a series of research
projects, first begun in the 1950s, under the sponsorship of the American Bar
Foundation.4 Originally designed to provide in-depth analysis of the organi-
zation, administration, and operation of criminal justice agencies, the ABF
project discovered that the justice system contained many procedures that
heretofore had been kept hidden from the public view. The research focus
then shifted to an examination of these previously obscure processes and
their interrelationship—investigation, arrest, prosecution, and plea negotia-
tions. It became apparent that justice professionals used a great deal of per-
sonal choice in decision making, and showing how this discretion was used
became a prime focus of the research effort. For the first time, the term crim-
inal justice system began to be used, a view that justice agencies could be con-
nected in an intricate yet often unobserved network of decision making
processes.

Federal Involvement in Criminal Justice

In 1967, the President’s Commission on Law Enforcement and Administra-
tion of Justice (the Crime Commission), which had been appointed by Presi-
dent Lyndon Johnson, published its final report, entitled The Challenge of
Crime in a Free Society.5 This group of practitioners, educators, and attor-
neys was given the responsibility of creating a comprehensive view of the
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 7

criminal justice process and recommending reforms. Concomitantly, Con-

gress passed the Safe Streets and Crime Control Act of 1968, providing for
the expenditure of federal funds for state and local crime control efforts.6
This act helped launch a massive campaign to restructure the justice system.
It funded the National Institute of Law Enforcement and Criminal Justice
(NILECJ), which encouraged research and development in criminal justice.
Renamed the National Institute of Justice (NIJ) in 1979, it has continued its
mission as a major source of funding for the implementation and evaluation
of innovative experimental and demonstration projects in the criminal jus-
tice system.7
The Safe Streets Act provided funding for the Law Enforcement Assis- The National Institute
tance Administration (LEAA), which granted hundreds of millions of dol- of Justice, or NIJ, is
the research and de-
lars in aid to local and state justice agencies. Throughout its fourteen-year
velopment agency of the U.S. De-
history, the LEAA provided the majority of federal funds to states for crimi- partment of Justice. It is the only
nal justice activities. On April 15, 1982, the program came to an end when federal agency dedicated solely to
Congress terminated its funding. However, the federal government continues researching crime control and jus-
to fund the National Institute of Justice (NIJ), the Office of Juvenile Justice tice issues. To reach this site go to
“Web Links” on your Siegel Essen-
and Delinquency Prevention (OJJDP), and the Bureau of Justice Statistics
tials of Criminal Justice 5e web-
(BJS). These agencies have a more limited role in supporting criminal justice site: http://cj.wadsworth.com/siegel
research and development, and publish extremely valuable data and research _ess5e.
findings.

THE CRIMINAL JUSTICE SYSTEM TODAY Learn more about The Criminal
The criminal justice system is society’s instrument of social control: some be- Justice System by exploring the
Learning Module.
haviors are considered so dangerous that they must either be strictly con-
trolled or outlawed outright; some people are so destructive that they must be
monitored or even confined. It is the task of the agencies of justice to prevent
or deter outlawed behavior by apprehending, adjudicating, and sanctioning
lawbreakers. Society maintains other forms of informal social control, such
as parental and school discipline, but these are designed to deal with moral,
not legal misbehavior. Only the criminal justice system maintains the power
to control crime and punish outlawed behavior through the arm of the crimi-
nal law.

Agencies of the Criminal Justice System

The contemporary criminal justice system in the United States is monumental
in size. It consists of over fifty-five thousand public agencies and now costs fed-
eral, state, and local governments more than $165 billion per year for civil and Law Enforcement Assistance
criminal justice, increasing more than 300 percent since 1982 (see Figure 1.1). Administration (LEAA) Funded
Today the system can be divided into three main components: law enforce- by the federal government’s Safe
Streets Act, this agency provided
ment agencies, which are charged with investigating crimes and apprehending technical assistance and hun-
suspects; the court system, where a determination is made whether a criminal dreds of millions of dollars in aid
suspect is guilty as charged; and the correctional system, which is charged to local and state justice agencies
between 1969 and 1982.
with both treating and rehabilitating offenders and with incarcerating them
social control The process of
so that they may not repeat their crimes. external regulation of individual
One reason the justice system is so expensive to run is that these three and/or group behavior. Social
components now employ over 2 million people in more than 55,000 public control can be informal, and ap-
plied through sanctions (or re-
agencies, including 17,000 police agencies, nearly 17,000 courts, over 8,000 wards) employed by families,
prosecutorial agencies, about 6,000 correctional institutions, and more than neighbors, peers, and so on.
3,500 probation and parole departments. There are also capital costs. State ju- There is also formal social con-
trol, which is applied by the jus-
risdictions have been conducting a massive correctional building campaign, tice system through the legal
adding tens of thousands of prison cells. It costs about $70,000 to build a process.
8 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Figure 1.1 Adult correctional populations (millions)

Percent
Direct expenditure by $80
criminal justice function Police 281%
Source: Sidra Lea Gifford, Justice $70
Corrections
Expenditure and Employment in
the United States, 1999 (Washing- $60 Judicial
529%
ton, D.C.: Bureau of Justice Statis-
tics, 2002). $50

$40
383%
$30

$20

$10

$0
1982 1986 1990 1994 1998 2001
Year

prison cell, and about $22,000 per year is needed to keep an inmate in prison;
juvenile institutions cost about $30,000 per year per resident.
The system is so big because it must process, treat, and care for millions
of people each year. Although the crime rate has declined substantially, about
14 million people are still being arrested each year, including more than 2 mil-
lion for serious felony offenses.8 About 1.3 million juveniles are arrested each
year and more than 1.6 million juveniles are handled by the juvenile courts
yearly (cases can be referred to juvenile court by social service agencies,
schools, parents, probation officers, and victims).9
Considering the enormous number of people processed each year, the cor-
rectional system population is at an all-time high. As Figure 1.2 shows, almost
7 million people are under the control of the correctional system, including
more than 2 million behind bars and another 4 million under some form of
community supervision. There has been a 50 percent increase in the correc-
tional population despite a decade-long drop in the crime rate.

Figure 1.2 Trends in adult correctional populations (millions) Change

Trends in adults
correctional populations 4 4,073,987
Source: Bureau of Justice Statistics Probation
Correctional Surveys (The Annual Prison
Probation Survey, National Pris- 3
Parole
oner Statistics, Survey of Jails and
The Annual Parole Survey) as pre- Jail
sented in Correctional Populations 2
in the United States, Annual, Pris-
1,394,319
oners in 2003 and Probation and
Parole in the United States, 2003, 1 774,588
www.oip.usdoj.gov/bjs/glance/ 691,301
corr2.htm, accessed on May 1, 6,934,200 Total
2005. 0
1980 1985 1990 1995 2000 2003
Year
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 9

THE FORMAL CRIMINAL JUSTICE PROCESS Learn more by exploring the

Another way of understanding criminal justice is to view it as a process that “Assembly Line Justice”
Review and Reinforce activity.
takes an offender through a series of decision points beginning with arrest and
concluding with reentry into society. During this process, key decision makers
resolve whether to maintain the offender in the system or to discharge the sus-
pect without further action. This decision making is often a matter of individ-
ual discretion, based on a variety of factors and perceptions. Legal factors, in-
cluding the seriousness of the charges, available evidence, and the suspect’s
prior record, are usually considered legitimate influences on decision making.
Troubling is the fact that such extralegal factors as the suspect’s race, gender,
class, and age may also influence decision outcomes. Some critics believe a
suspect’s race, class, and gender determines the direction a case will take,
whereas supporters argue that the system is relatively fair and unbiased.10
In reality, few cases actually are processed through the entire formal jus-
tice system. Most are handled informally and with dispatch. The system of
justice has been roundly criticized for its “backroom deals” and bargain jus-
tice. Although informality and deal making are in fact the rule, the concept of
the formal justice process is important because it implies every criminal de-
fendant charged with a serious crime is entitled to a full range of rights under
law. The fact that most criminal suspects are actually treated informally may
be less important than the fact that all criminal defendants are entitled to a
full range of legal rights and constitutional protections.
A comprehensive view of the formal criminal process would normally in-
clude the following:

1. Initial contact. In most instances, an offender’s initial contact with the

criminal justice system takes place as a result of a police action:
• Patrol officers observe a person acting suspiciously, conclude the sus-
pect is under the influence of drugs, and take her into custody.
• Police officers are contacted by a victim who reports a robbery; they
respond by going to the scene of the crime and apprehend a suspect.
• An informer tells police about some ongoing criminal activity in order
to receive favorable treatment.
• Responding to a request by the mayor or other political figure, the lo-
cal department may initiate an investigation into an ongoing criminal
enterprise such as gambling, prostitution, or drug trafficking.
• A person walks into the police station and confesses a crime, for ex-
ample, he killed his wife after an altercation.
2. Investigation. The purpose of the criminal investigation is to gather suffi-
cient evidence to identify a suspect and support a legal arrest. An investi-
gation can take but a few minutes, as in the case where a police officer
sees a crime in progress and can apprehend the suspect quickly. Or it can
take many years and involve hundreds of law enforcement agents, such as
the FBI’s pursuit of the so-called Unabomber, which led to the eventual ar-
rest of Ted Kaczynski.
3. Arrest. An arrest is considered legal when all of the following conditions
exist: (1) the police officer believes there is sufficient evidence, referred to
as probable cause, that a crime is being or has been committed and the
suspect is the person who committed it; (2) the officer deprives the indi-
vidual of freedom; and (3) the suspect believes that he is now in the cus-
tody of the police and has lost his liberty. The police officer is not required
to use the word “arrest” or any similar term to initiate an arrest, nor does
the officer have to bring the suspect to the police station. To make an
10 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

A handcuffed student is
helped into a police car out-
side of Grady High School in
Brooklyn, New York City. Sev-
eral students from the school
who were allegedly involved in
a violent disturbance were
taken into police custody. Po-
lice have become more active
in schools since Mayor
Michael Bloomberg imple-
mented a program aimed at
reducing school violence
through the use of the NYC
police.

© Richard Cohen/Corbis
arrest in a misdemeanor, the officer must have witnessed the crime per-
sonally, known as the in-presence requirement. Arrests can also be made
when a magistrate, presented with sufficient evidence by police and pros-
ecutors, issues a warrant authorizing the arrest of the suspect.
4. Custody. After an arrest and while the suspect is being detained, the police
may wish to search for evidence, conduct an interrogation, or even encour-
age a confession. Witnesses may be brought to view the suspect in a lineup
or in a one-on-one confrontation. Because these procedures are so crucial
and can have a great impact at trial, the U.S. Supreme Court has granted
suspects in police custody protection from the unconstitutional abuse of
police power, such as illegal searches and intimidating interrogations.
in-presence requirement The 5. Charging. If the arresting officers or their superiors believe that sufficient
condition that in order to make an evidence exists to charge a person with a crime, the case will be turned
arrest in a misdemeanor, the ar-
resting officer must have person- over to the prosecutor’s office. The prosecutor’s decision to charge the sus-
ally witnessed the crime being pect with a specific criminal act involves many factors, including evidence
committed. sufficiency, crime seriousness, case pressure, and political issues, as well
nolle prosequi The term used as personal factors such as a prosecutor’s own specific interests and bi-
when a prosecutor decides to
drop a case after a complaint has ases. After conducting a preliminary investigation of its legal merits, pros-
been formally made. Reasons for ecutors may decide to take no further action in a case; this is referred to
a nolle prosequi include evidence as a nolle prosequi.
insufficiency, reluctance of wit-
nesses to testify, police error, and 6. Preliminary hearing/grand jury. The U.S. Constitution mandates that be-
office policy. fore a trial can take place, the government must first prove probable cause
grand jury A type of jury, respon- that the accused committed the crime for which he is being charged. In
sible for investigating alleged
crimes, examining evidence, and about half the states and the federal system, this determination is made
issuing indictments. by a grand jury in a closed hearing. If the prosecution can present suffi-
true bill of indictment A written cient evidence, the grand jury will issue a true bill of indictment, which
statement charging a defendant specifies the exact charges on which the accused must stand trial. In the
with the commission of a crime,
drawn up by a prosecuting attor- remaining states, the prosecution will file a charging document (usually
ney and considered by a grand called an information) before a lower trial court, which then conducts an
jury. If the grand jury finds suffi- open hearing on the merits of the case. During this procedure, sometimes
cient evidence to support the in-
dictment, it will issue a “true bill referred to as a probable cause hearing, the defendant and the defendant’s
of indictment.” attorney may appear and dispute the prosecutor’s charges. The suspect
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 11

will be called to stand trial if the presiding magistrate or judge accepts the
prosecutor’s evidence as factual and sufficient.
7. Arraignment. Before the trial begins, the defendant will be arraigned, or
brought before the court that will hear the case. At this time, formal charges
are read, the defendant informed of his constitutional rights (for example,
the right to be represented by legal counsel), an initial plea entered in the
case (not guilty or guilty), a trial date set, and bail issues considered.
8. Bail/detention. Bail is a money bond levied to ensure the return of a
criminal defendant for trial, allowing the defendant to remain in the
community prior to their trial. Defendants who do not show up for trial
forfeit their bail. Those people who cannot afford to put up bail or who
cannot borrow sufficient funds for it will remain in state custody prior
to trial. In most instances, this means an extended stay in a county jail
or house of correction. If they are stable members of the community and
have committed nonviolent crimes, defendants may be released on their
own recognizance (promise to the court), without bail.
9. Plea bargaining. After an arraignment, if not even before, the defense and
prosecution will discuss a possible guilty plea in exchange for reducing or
dropping some of the charges or agreeing to a request for a more lenient
sentence. It is generally accepted that almost 90 percent of all cases end
in a plea bargain, rather than a criminal trial.
10. Trial/adjudication. If an agreement cannot be reached or if the prosecution
does not wish to arrange a negotiated settlement of the case, a criminal
trial will be held before a judge (bench trial) or jury, who will decide
whether the prosecution’s evidence against the defendant is sufficient be-
yond a reasonable doubt to prove guilt. If a jury cannot reach a decision—
that is, if it is deadlocked—the case is left unresolved, leaving the prosecu-
tion to decide whether it should be retried at a later date.
11. Sentencing/disposition. If after a criminal trial the accused has been found
guilty as charged, he will be returned to court for sentencing. Possible dis-
positions may include a fine, probation, some form of community-based
corrections, a period of incarceration in a penal institution, and, in rare
instances, the death penalty.
12. Appeal/postconviction remedies. After conviction, the defense can ask the
trial judge to set aside the jury’s verdict because the jury has made a mis-
take of law, for example, by misinterpreting the judge’s instructions or
convicting on a charge that was not supported by the evidence. Failing
that, an appeal may be filed if after conviction the defendant believes that
her constitutional rights were violated by errors in the trial process. Ap-
pellate courts review such issues as whether evidence was used properly,
the judge conducted the trial in an approved fashion, jury selection was
properly done, and the attorneys in the case acted appropriately. If the
court rules that the appeal has merit, it can hold that the defendant be
given a new trial or, in some instances, order his outright release.
13. Correctional treatment. After sentencing, the offender is placed within the
jurisdiction of state or federal correctional authorities. The offender may
serve a probationary term, be placed in a community correctional facility,
serve a term in a county jail, or be housed in a prison. During this stage of
the criminal justice process, the offender may be asked to participate in
rehabilitation programs designed to help her make a successful readjust-
ment to society.
14. Release. Upon completion of the sentence and period of correction, the of-
fender will be free to return to society. Most inmates do not serve the full
term of their sentence but are freed through an early-release mechanism,
12 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

such as parole or pardon or by earning time off for good behavior. Offend-
ers sentenced to community supervision simply finish their term and re-
sume their lives in the community.
15. Postrelease. After termination of their correctional treatment, offenders
may be asked to spend some time in a community correctional center,
which acts as a bridge between a secure treatment facility and absolute
freedom. Offenders may find that their conviction has cost them some
personal privileges, such as the right to hold certain kinds of employment.
These may be returned by court order once the offenders have proven
their trustworthiness and willingness to adjust to society’s rules.

The Criminal Justice Assembly Line

To justice expert Herbert Packer, the image that comes to mind from this
process is an assembly line conveyor belt down which moves an endless
stream of cases, never stopping.11 According to this view, each of the preceding
fifteen stages is actually a decision point through which cases flow. For exam-
ple, at the investigatory stage, police must decide whether to pursue the case
or terminate involvement because there is insufficient evidence to identify a
suspect, the case is considered trivial, the victim decides not to press charges,
and so on. At the bail stage, a decision must be made whether to set so high a
bail that the defendant remains in custody, set a reasonable bail, or release the
defendant on his or her own recognizance without requiring any bail at all.
Each of these decisions can have a critical effect on the defendant, the justice
system, and society. If an error is made, an innocent person may suffer or a
dangerous individual may be released to continue to prey upon society.
Figure 1.3 illustrates the approximate number of offenders removed from
the criminal justice system at each stage of the process. As the figure shows,
most people who commit crime escape detection, and of those who do not,
relatively few are bound over for trial, convicted, and eventually sentenced to
prison. About 30 percent of people arrested on felony charges are eventually
convicted in criminal court; however, almost one third of those convicted on
felony charges are sentenced to probation and released back into the commu-
nity without doing time in prison.12 For every one thousand crimes, about
twenty people are sent to prison.
In actual practice, many suspects are released before trial because of a
procedural error, evidence problems, or other reasons that result in a case dis-
missal by the prosecutor, or nolle prosequi. Though most cases that go to trial
wind up in a conviction, others are dismissed by the presiding judge because
of a witness or a complainant’s failure to appear or procedural irregularities.
So the justice process can be viewed as a funnel that holds many cases at its
mouth and relatively few at its end. Concept Summary 1.1 shows the interre-
lationship of the component agencies of the criminal justice system and the
criminal justice process.

THE INFORMAL CRIMINAL JUSTICE SYSTEM

Learn more by exploring the The traditional model of the criminal justice system depicts the legal process
“Criminal Justice Wedding Cake
Model” Animated Artwork. as a series of decision points through which cases flow. Each stage of the sys-
tem, beginning with investigation and arrest and ending after a sentence has
been served, is defined by time-honored administrative procedures and con-
trolled by the rule of law. Though this “ideal” model of justice still merits con-
cern and attention, it would be overly simplistic to assume that the system
works this way for every case. Although a few cases receive a full measure of
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 13

1,000 500
serious crimes crimes unreported

500
400
crimes reported
crimes unsolved
to police

100
people arrested

30 put on 35 65 adults 25
probation or juveniles go to considered for cases
dismissed juvenile court prosecution dropped

40 cases 10
accepted for jump bail
prosecution or abscond

30
cases go 1
acquitted
to trial

27 2
plead found
guilty guilty

9
29 placed on
sentenced probation

5 20
juveniles adults
incarcerated incarcerated

Figure 1.3 The criminal justice funnel

Sources: Gerard Rainville and Brian Reaves, Felony Defendants in Large Urban Counties, 2000
(Washington, D.C.: Bureau of Justice Statistics, 2003); Matthew Durose and Patrick Langan, Felony
Sentences in State Courts, 2002 (Washington, D.C.: Bureau of Justice Statistics, 2004).
14 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Concept Summary 1.1

The interrelationship of the criminal justice system
and the criminal justice process
The System: Agencies of Crime Control The Process

1. Police 1. Contact
2. Investigation
3. Arrest
4. Custody
2. Prosecution and defense 5. Complaint/charging
6. Grand jury/preliminary hearing
7. Arraignment
8. Bail/detention
9. Plea negotiations
3. Court 10. Adjudication
11. Disposition
12. Appeal/postconviction remedies
4. Corrections 13. Correction
14. Release

✓
15. Postrelease

rights and procedures, many are settled in an informal pattern of cooperation

between the major actors in the justice process. For example, police may be
willing to make a deal with a suspect in order to gain his cooperation, and the
prosecutor may bargain with the defense attorney to gain a plea of guilty as
charged in return for a promise of leniency. Law enforcement agents and
court officers are allowed tremendous discretion in their decision to make an
arrest, bring formal charges, handle a case informally, substitute charges, and
so on. Crowded courts operate in a spirit of getting the matter settled quickly
and cleanly, rather than engage in long, drawn-out criminal proceedings with
an uncertain outcome.
Whereas the traditional model regards the justice process as an adversarial
proceeding in which the prosecution and defense are combatants, most crimi-
nal cases are actually cooperative ventures in which all parties get together to
work out a deal; this is often referred to as the courtroom work group.13 Made
up of the prosecutor, defense attorney, judge, and other court personnel, the
courtroom work group helps streamline the process of justice through the ex-
tensive use of deal making and plea negotiation. Rather than looking to provide
a spirited defense or prosecution, cooperation rather than conflict between
prosecutor and defense attorney appears to be the norm. It is only in a few
widely publicized criminal cases involving rape or murder that the adversarial
process is called into play. Consequently, upward of 80 percent of all felony
cases and over 90 percent of misdemeanors are settled without trial.

courtroom work group The The “Wedding Cake” Model of Justice

phrase used to denote that all
parties in the adversary process Samuel Walker, a justice historian and scholar, has come up with a rather
work together in a cooperative ef-
fort to settle cases with the least unique way of describing this informal justice process: he compares it to a
amount of effort and conflict. four-layer cake, as depicted in Figure 1.4.14
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 15

I
Celebrated
cases

II
Serious
felonies

III
Less serious
felonies

IV
Misdemeanors

Figure 1.4 The criminal justice “wedding cake”

Source: Based on Samuel Walker, Sense and Nonsense About Crime (Belmont, Calif.: Wadsworth, 2001).

Level I The first layer of Walker’s model is made up of the celebrated cases in-
volving the wealthy and famous, such as O. J. Simpson and Michael Jackson,
or the not-so-powerful who victimize a famous person—for example, John
Hinckley, Jr., who shot President Ronald Reagan. Other cases fall into the first
layer because they are widely reported in the media and become the subject of
a TV investigation, such as Scott Peterson, convicted of killing his wife, Laci.
Cases in the first layer of the criminal justice wedding cake usually receive
the full array of criminal justice procedures, including competent defense at-
torneys, expert witnesses, jury trials, and elaborate appeals. Because of the
media focus on Level I cases and the Hollywood treatment of them, the public
is given the impression that most criminals are sober, intelligent people and
most victims are members of the upper classes, a patently false impression

Level II The second layer contains serious felonies—rapes, robberies, and

burglaries. Police, prosecutors, and judges all agree that these are serious
cases, worthy of the full attention of the justice system. The seriousness of the
offense places them in the Level II category:
• They are committed by experienced, repeat offenders.
• The amount of money stolen in a burglary or larceny is significant.
• Violent acts are committed by a stranger who uses a weapon.
• Robberies involve large amounts of money taken by a weapon-wielding
criminal.
Offenders in such Level II cases receive a full jury trial and, if convicted,
can look forward to a prison sentence.

Level III Though they can also be felonies, crimes that fall in the third layer of
the wedding cake are either less serious offenses, committed by young or first-
time offenders, or involve people who knew each other or were otherwise
16 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

related. Level III crimes may be dealt with by an outright dismissal, a plea
bargain, reduction in charges, or most typically, a probationary sentence.

Level IV The fourth layer of the cake is made up of the millions of misde-
meanors—disorderly conduct, shoplifting, public drunkenness, and minor as-
sault—that are handled by the lower criminal courts in assembly-line fashion.
Few defendants insist on exercising their constitutional rights, because the
delay would cost them valuable time and money, and punishment is typically
a fine or probation.15
The wedding cake model of informal justice is an intriguing alternative to
the traditional criminal justice flowchart. Criminal justice officials handle in-
dividual cases quite differently, yet there is a high degree of consistency with
which particular types or classes of cases are dealt in every legal jurisdiction.
For example, police and prosecutors in Los Angeles and Boston will each han-
dle the murder of a prominent citizen in similar fashion. They will also deal
with the death of an unemployed street person killed in a brawl in a similar
manner. The model is useful because it helps us realize that public opinion
about criminal justice is often formed on the basis of what happened in an
atypical case.

Learn more by exploring the

PERSPECTIVES ON JUSTICE
“Drug Control Strategies” Though it has been more than thirty-five years since the field of criminal jus-
Vocabulary Check activity.
tice began to be the subject of both serious academic study and attempts at
unified policy formation, significant debate continues over the actual mean-
ing of criminal justice and how the problem of crime control should be ap-
proached. After decades of effort in research and policy analysis, it is clear
that criminal justice is far from a unified field. Practitioners, academics, and
commentators alike have expressed irreconcilable differences concerning its
goals, purpose, and direction. Considering the complexity of criminal justice,
it is not surprising that no single view, perspective, or philosophy dominates
the field. What are the dominant views of the criminal justice system today?
What is the role of the justice system, and how should it approach its tasks?
The different perspectives on criminal justice are discussed next.

Crime Control Perspective

People who hold the crime control perspective believe that the proper role
of the justice system is to prevent crime through the judicious use of crimi-
nal sanctions. Because the public is outraged by violent crimes, it demands
an efficient justice system that hands out tough sanctions to those who
choose to violate the law.16 If the justice system were allowed to operate in an
effective manner, unhampered by legal controls, potential criminals would be
deterred from committing law violations. Those who did commit a crime
would be apprehended, tried, and punished so that they would never dare
risk committing a crime again. Crime rates trend upward, the argument
goes, when criminals do not sufficiently fear apprehension and punishment.
If the efficiency of the system could be increased and the criminal law could
crime control perspective A be toughened, crime rates would eventually decline. Effective law enforce-
model of criminal justice that em-
phasizes the control of dangerous ment, strict mandatory punishment, incarceration of dangerous criminals,
offenders and the protection of and the judicious use of capital punishment are the keys to reducing crime
society. Its advocates call for rates. Though crime control may be expensive, reducing the pains of crimi-
harsh punishments as a deterrent
to crime, such as the death nal activity is well worth the price. If punishment was swift, certain, and se-
penalty. vere, few would be tempted to break the law.
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 17

Crime control advocates do not want legal technicalities to help the guilty
go free and tie the hands of justice. They lobby for the abolition of legal re-
strictions that control a police officer’s ability to search for evidence and in-
terrogate suspects. They want law enforcement officers to be able to profile
people at an airport in order to identify terrorists, even if it means singling out
people because of their gender, race, or ethnic origin. They are angry at judges
who let obviously guilty people go free because a law enforcement officer
made an unintentional procedural error.
In sum, the key positions of the crime control perspective are:
• The purpose of the justice system is to deter crime through the applica-
tion of punishment.
• The more efficient the system, the greater its effectiveness.
• The justice system is not equipped to treat people, but rather, to investi-
gate crimes, apprehend suspects, and punish the guilty.

Rehabilitation Perspective
rehabilitation perspective A
If the crime control perspective views the justice system in terms of protect- model of criminal justice that
ing the public and controlling criminal elements, then advocates of the reha- views its primary purpose as
bilitation perspective view crime as an expression of frustration and anger helping to care for people who
cannot manage themselves.
created by social inequality and the justice system as a means of caring for Crime is an expression of frustra-
and treating people who have been the victims of this inequity. According to tion and anger created by social
this view, crime can be controlled by giving people the means to improve their inequality that can be controlled
by giving people the means to im-
lifestyle and helping them overcome any personal and or psychological prob- prove their lifestyle through con-
lems caused by their life circumstances. ventional endeavors.

© 2005 AP/Wide World Photos

According to the rehabilitation perspective, at-risk kids can be success-

fully treated before they become career criminals. Here, students at the
Missouri Division of Youth Services’ Rosa Parks Center “circle up” to re-
solve a problem. Part of these juvenile offenders’ rehabilitation involves
learning anger management and peaceful ways to resolve disputes. With
its low recidivism rates, this program is gaining attention from other
states that currently treat juvenile offenders harshly.
18 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

The rehabilitation concept assumes that people are at the mercy of social,
economic, and interpersonal conditions and interactions. Criminals them-
selves are the victims of racism, poverty, strain, blocked opportunities, alien-
ation, family disruption, and other social problems. They live in socially dis-
organized neighborhoods that are incapable of providing proper education,
health care, or civil services. Society must help them in order to compensate
for their social problems.
Rehabilitation advocates believe that government programs can help re-
duce crime on both a societal (macro-) and individual (micro-) level. On the
macro- or societal level, rehabilitation efforts are aimed at preventing crimes
before they occur. If legitimate opportunities increase, crime rates decline.17
This goal may be achieved at the neighborhood level by increasing economic
opportunities through job training, family counseling, educational services,
and crisis intervention. On a micro- or individual level, rehabilitation efforts
are aimed at known offenders who have already violated the law. The best
method to reduce crime and recidivism (repeat offending) rates is to help of-
fenders produce through intensive one-on-one counseling prosocial changes
in attitudes and improved cognitive thinking patterns.18 Although the public
may want to “get tough” on crime, many are willing to make exceptions, for
example, by advocating leniency for younger offenders.19
The key provisions of the rehabilitation model are:
• In the long run, it is better to treat than punish.
• Criminals are society’s victims.
• Helping others is part of the American culture.

Due Process Perspective

According to the due process perspective, the justice system should be dedi-
cated to providing fair and equitable treatment to those accused of crime.20
This means providing impartial hearings, competent legal counsel, equitable
treatment, and reasonable sanctions to ensure that no one suffers from racial,
religious, or ethnic discrimination.
Those who advocate the due process orientation are quick to point out
that the justice system remains an adversarial process that pits the forces of
an all-powerful state against those of a solitary individual accused of a crime.
If concern for justice and fairness did not exist, the defendant who lacked re-
sources could easily be overwhelmed; miscarriages of justice are common.
Numerous criminal convictions have been overturned because newly devel-
oped DNA evidence later shows that the accused could not have committed
the crimes; many of the falsely convicted spend years in prison before their re-
lease.21 Evidence also shows that many innocent people have been executed
for crimes they did not commit.22 Because such mistakes can happen, even
the most apparently guilty offender deserves all the protection the justice sys-
due process perspective Due tem can offer.
process is the basic constitutional
principle based on the concept of
The key positions advocated by due process supporters include:
the privacy of the individual and
the complementary concept of • Every person deserves their full array of constitutional rights and privi-
limitation on governmental leges.
power; a safeguard against arbi-
trary and unfair state procedures • Preserving the democratic ideals of American society takes precedence
in judicial or administrative pro- over the need to punish the guilty.
ceedings. Embodied in the due
process concept are the basic • Because of potential errors, decisions made within the justice system
rights of a defendant in criminal must be carefully scrutinized.
proceedings and the requisites
for a fair trial. See Glossary for • Steps must be taken to treat all defendants fairly regardless of their socio-
further details. economic status.
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 19

Multimillionaire murder defendant Robert Durst is shown

copies of record by assistant prosecutor Joel Bennet, right,
as defense attorney Mike Ramsey looks on during the prose-
cution’s cross-examination on October 28, 2003, in Galves-
ton, Texas. The son of a New York City real estate tycoon,
Durst was accused of murder for killing a neighbor at a low-
rent Galveston apartment house where they both lived, then
dismembering the victim and throwing the body parts into
Galveston Bay. Durst was found not guilty despite what ap-
peared to be overwhelming evidence. The case illustrates the
due process principle that a fair trial is critical for a defendant
to prove his or her innocence to a jury of their peers.

© 2005 AP/Wide World Photos

• Illegally seized evidence should be suppressed even if it means that a

guilty person will go free.
• Despite the cost, the government should supply free legal counsel at every
stage of the justice system to prevent abuse.

Nonintervention Perspective
nonintervention perspective A
Supporters of the nonintervention perspective believe that justice agencies justice philosophy that empha-
should limit their involvement with criminal defendants. They believe that re- sizes the least intrusive treatment
gardless of whether intervention is designed to punish or treat people, the ul- possible. Among its central poli-
cies are decarceration, diversion,
timate effect of any involvement is harmful and will have long-term negative and decriminalization. In other
effects. Once involved with the justice system, criminal defendants develop a words, less is better.
permanent record that follows them for the rest of their lives. They may be decriminalization Reducing the
watched and kept under surveillance. Bearing an official label disrupts their penalty for a criminal act but not
actually legalizing it.
personal and family life and harms their own self-image; they may view them-
legalization The removal of all
selves as bad, evil, outcasts, troublemakers, or crazy. Official labels then may criminal penalties from a previ-
promote rather than reduce the continuity in antisocial activities.23 When ously outlawed act.
people are given less stigmatized forms of punishment, such as probation, victimless crime An act that is in
they are less likely to become repeat offenders.24 violation of society’s moral code
and therefore has been out-
Fearing the harmful effects of stigma and labels, noninterventionists have lawed—for example, drug abuse,
tried to place limitations on the government’s ability to control people’s lives. gambling, and prostitution. These
They have called for the decriminalization (reduction of penalties) and acts are linked together because,
although they have no external
legalization (lawful and non-criminal) of nonserious victimless crimes, such victim, they are considered harm-
as the possession of small amounts of marijuana (see the following Policy, ful to the social fabric.
Programs, and Issues in Criminal Justice box). deinstitutionalization The move-
Noninterventionists have sponsored the removal of nonviolent offenders ment to remove as many offend-
ers as possible from secure con-
from the nation’s correctional system, a policy referred to as deinstitutional- finement and treat them in the
ization. They support the placement of first offenders who commit minor community.
20 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Policy, Programs, and Issues

in Criminal Justice
Should Drugs Be Legalized?
keystone of the noninterventionist perspective increased by laws that restrict access to clean nee-

A is decriminalization of recreational drug us-

age. According to this view, like it or not, drug
use is here to stay. Using mood-altering substances is
dles. The drug war is not the promoter of family val-
ues that some would have us believe, he argues. Chil-
dren of inmates are at risk for educational failure,
customary in almost all human societies; no matter joblessness, addiction, and delinquency. In a recent
how hard we try, people will find ways of obtaining publication (2003), Nadelmann castigates the federal
psychoactive drugs. Banning drugs serves to create government’s strict law enforcement approach to
generation after generation of people who are consid- drug control. By and large, he says, the more punitive
ered criminals, who might otherwise have been pro- the approach, the greater the harms that result. The
ductive citizens. It also creates networks of illegal United States represents 5 percent of the world’s pop-
drug manufacturers and distributors, many of whom ulation and 25 percent of the world’s prison popula-
use violence as part of their standard operating proce- tion. Nearly half a million people are behind bars on
dures. Though some may charge that drug use is im- drug charges—more than all of western Europe (with
moral, is it any worse than the unrestricted use of al- a bigger population) incarcerates for all offenses. The
cohol and cigarettes, both of which are addicting and stand against the use of marijuana for medical pur-
unhealthy? Far more people die each year because poses shows the futility of the get-tough approach.
they abuse these legal substances than the numbers Almost 80 percent of Americans believe marijuana
who are killed in drug wars or from using illegal sub- should be legally available as a medicine, when rec-
stances (an estimated 85,000 people die each year ommended by a doctor. Every state ballot initiative
from alcohol-related causes and another 435,000 from on the issue has won. Now even state legislatures are
tobacco compared to about 17,000 related to illegal approving medical marijuana. The U.S. Institute of
drugs, including suicide, homicide, motor-vehicle in- Medicine says marijuana has medicinal value. Yet
jury, HIV infection, pneumonia, violence, hepatitis, the federal government continues to forbid mari-
and overdoses). juana use.
Reformer Ethan Nadelmann of the Drug Policy Liberals are not the only critics of current drug
Alliance is an outspoken critic of the ongoing “war” control policy. Judge James P. Gray, a political conserv-
against drugs. Nadelmann argues persuasively that ative, is also an outspoken critic of America’s antidrug
everyone has a stake in ending the war on drugs, policies. In his book Why Our Drug Laws Have Failed
whether they be a parent concerned about protecting and What We Can Do About It (2001), Gray decries the
children from drug-related harm, a social justice ad- program of massive imprisonment and demonization
vocate worried about racially disproportionate incar- of drug users that has flowed from making drugs ille-
ceration rates, an environmentalist seeking to protect gal. Illegality is futile because it amounts to an attempt
the Amazon rainforest, or a fiscally conservative tax- to repeal the law of supply and demand, which is an
payer seeking to save money. U.S. federal, state, and impossible task. Criminalizing drugs raises the price of
local governments have spent hundreds of billions of the goods, which encourages growers and dealers to
dollars trying to make America drug-free. Yet heroin, risk their lives to sell drugs for huge profits. Gray also
cocaine, methamphetamine, and other illicit drugs argues that antidrug efforts have eroded civil liberties
are cheaper, purer, and easier to get than ever before. and due process, giving police too much power to seize
Moreover, Nadelmann suggests that many of the assets and confiscate property or money from crimi-
problems the drug war claims to resolve are in fact nals in order to obstruct further criminal activity. Few
caused by the drug war itself. For example, public of those whose assets have been seized are later
health problems such as HIV and hepatitis C are all charged with crime. Some form of legalization would
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 21

help reduce these problems. However, rather than con- The problems of alcoholism should serve as a
done drug use, Gray calls for a program of drug main- warning of what can happen when controlled sub-
tenance (allowing addicts a monitored drug intake) stances are made readily available. If legalized, the
and controlled distribution (in which government-reg- number of drug-dependent babies could begin to
ulated drugs are sold in a controlled fashion). Gray match or exceed the number who are delivered with
goes so far as to suggest that generically packaged fetal alcohol syndrome. Drunk-driving fatalities,
drugs such as marijuana could be sold by pharmacists, which today number about twenty-five thousand per
with a steep tax that would fund rehabilitation pro- year, could be matched by deaths caused by driving
grams and drug education. under the influence of pot or crack. And though dis-
tribution would be regulated, adolescents would
Against Legalization likely have the same opportunity to obtain potent
At a recent hearing (2003) on legalization of mari- drugs as they now have with beer and other forms of
juana for medical purposes in Maryland, John P. Wal- alcohol.
ters, director of the Office of National Drug Control
Policy (ONDCP), stated: Critical Thinking
We owe people with debilitating medical condi- In the final analysis, and after considering all the is-
tions the best that science has to offer—not the re- sues in this ongoing debate, should drugs be legal-
sults of interest group lobbying and political com- ized? What is the logic of banning marijuana while
promise. Research has not demonstrated that dangerous substances such as scotch and bourbon are
smoked marijuana is safe and effective medicine. readily available in stores?
Legalizing smoked marijuana under the guise of
medicine is scientifically irresponsible and contra- InfoTrac College Edition Research
dictory to our high standards for approval of med- To find out what former drug czar and value
ications. The legislation being considered in Mary- guru Will Bennett thought of the Pottawatomie
land for so-called medical marijuana would also County decision, go to InfoTrac College Edition and
mean more availability of a dangerous drug in our read: “Statement of Empower America Co-Director
neighborhoods. The citizens of Maryland deserve William J. Bennett on the Supreme Court’s Decision
better. in Pottawatomie County v. Earls,” US Newswire, June
Walters and other legalization opponents are 27, 2002, p1008178n9466.
of the opinion that legalization may harm the well-
being of the community by creating health and social Sources: Ali Mokdad, James Marks, Donna Stroup, and Julie Ger-
damage. Individuals do not have the right to harm berding, “Actual Causes of Death in the United States, 2000,” Jour-
society even if it means curbing their freedom and nal of the American Medical Association 10 (2004): 1242–1243; Press
Release, “White House Drug Czar, Chair of Congressional Black
personal choices—that is, the right to use drugs. If in- Caucus Rep. Elijah Cummings and Maryland Community Leaders
jured by their drug use, individuals would have to be Discuss Harms of ‘Medical Marijuana’ and Warn of Dangers of Mar-
cared for by the community at a very substantial cost ijuana Legalization,” March 24, 2003, www.whitehousedrugpolicy.
gov/news/press03/032403.html, accessed on August 3, 2005; Ethan
to citizens who do not use drugs. Legalization would Nadelmann, “The U.S. Is Addicted to War on Drugs.” Globe and
result in an increase in the nation’s rate of drug us- Mail. May 20, 2003; James P. Gray, Why Our Drug Laws Have Failed
and What We Can Do About It: A Judicial Indictment of the War on
age, creating an even larger group of nonproductive, Drugs (Philadelphia: Temple University Press, 2001); Erich Goode,
drug-dependent people, who must be cared for by the Between Politics and Reason: The Drug Legalization Debate (New
rest of society. If drugs were legalized and freely York: St. Martin’s Press, 1997); David Courtwright, “Should We
Legalize Drugs? History Answers No,” American Heritage (Febru-
available, users might significantly increase their ary/March 1993): 43–56; Ethan Nadelmann, “America’s Drug Prob-
daily intake. In countries like Iran and Thailand, lem,” Bulletin of the American Academy of Arts and Sciences 65
where drugs are cheap and readily available, nar- (1991): 24–40; Ethan Nadelmann, “Should We Legalize Drugs?
History Answers Yes,” American Heritage (February/March 1993):
cotic-use rates are high. 41–56.
22 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

crimes in informal, community-based treatment programs, a process referred

to as pretrial diversion.
Noninterventionists fear that efforts to help or treat offenders may actu-
ally stigmatize them beyond the scope of their actual offense; this is referred
to as widening the net of justice. Their efforts have resulted in rulings stat-
ing that these laws can be damaging to the reputation and the future of of-
fenders who have not been given an opportunity to defend themselves from
the charge that they are chronic criminal sex offenders.25 As a group, nonin-
terventionist initiatives have been implemented to help people avoid the
stigma associated with contact with the criminal justice system.
The key elements of the nonintervention perspective include:
• The justice process stigmatizes offenders.
• Stigma locks people into a criminal way of life.
• Less is better. Decriminalize, divert, and deinstitutionalize whenever
possible.

Justice Perspective
According to those holding the justice perspective, the greatest challenge
facing the American criminal justice system is its ability to dispense fair and
equal justice to those who come before the law. It is unfair for police to issue
a summons to one person for a traffic violation while letting a second offender
off with a warning or to have two people commit the same crime but receive
different sentences or punishments. Unequal and inconsistent treatment pro-
duces disrespect for the system, suspiciousness, and frustration; it also in-
creases the likelihood of recidivism. Therefore, law violators should be evalu-
ated on the basis of their current behavior, not on what they have done in the
past (they have already paid for that behavior) nor on what they may do in the
future (since future behavior cannot be accurately predicted). The treatment
of criminal offenders must be based solely on present behavior: punishment
must be equitably administered and based on “just deserts.”
The justice perspective has had considerable influence in molding the na-
tion’s sentencing policy. There has been an ongoing effort to reduce discretion
and guarantee that every offender convicted of a particular crime receives
equal punishment. There have been a number of initiatives designed to
pretrial diversion A program that achieve this result, including mandatory sentences requiring that all people
provides nonpunitive, community-
based alternatives to more intru- convicted of a crime receive the same prison sentence. Truth-in-sentencing
sive forms of punishment such as laws now require offenders to serve a substantial portion of their prison sen-
jail or prison. tence behind bars, limiting their eligibility for early release on parole.26
widening the net of justice The The key elements of the justice perspective are:
charge that programs designed
to divert offenders from the jus- • People should receive equal treatment for equal crimes.
tice system actually enmesh them
further in the process by substi- • Decision making in the justice system must be standardized and struc-
tuting more intrusive treatment tured by rules and regulations.
programs for less intrusive pun-
ishment-oriented outcomes. • Whenever possible, individual discretion must be reduced and controlled.
justice perspective A view of jus- • Inconsistent treatment produces disrespect for the system.
tice that holds that all people
should be treated equally before
the law. Equality may be best
achieved through the control of Restorative Justice Perspective
individual discretion in the justice
process. According to the concept of restorative justice, the criminal justice system
restorative justice perspective should promote a peaceful and just society; the justice system should aim for
A view of criminal justice that ad- peacemaking, not punishment.27
vocates peaceful solutions and
mediation rather than coercive The restorative justice perspective draws its inspiration from religious
punishments. and philosophical teachings ranging from Quakerism to Zen. Advocates of
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 23

Justice
Equity
Just desert
Determinate sentencing
Abolish parole
Due process Rehabilitation
Procedural fairness Treatment
Civil rights Concern for the offender
Competent counsel Counseling and prevention
Rule of law Build schools, not prisons
Appellate review Oppose the death penalty

Crime control
Deterrence
Nonintervention
Concern for the victim
Avoid stigma
Effective law enforcement
Decriminalize
Restricted civil rights
Decarcerate
Incapacitation of
Deinstitutionalize
criminals Restorative Divert
Death penalty justice
Reintegrate
Restitution
Mediation
Nonviolence

Figure 1.5 Perspectives on justice: Key concerns and concepts

restorative justice view the efforts of the state to punish and control as en-
couraging crime rather than discouraging crime. The violent, punishing acts
of the state are not dissimilar from the violent acts of individuals.28 Therefore,
mutual aid rather than coercive punishment is the key to a harmonious soci-
ety. Without the capacity to restore damaged social relations, society’s re-
sponse to crime has been almost exclusively punitive.
According to restorative justice, resolution of the conflict between crimi-
nal and victim should take place in the community in which it originated and
not in some far-off prison. The victim should be given a chance to voice his
story, and the offender can directly communicate his need for social reintegra-
tion and treatment. The goal is to enable the offender to appreciate the dam-
age he has caused, to make amends, and to be reintegrated back into society.
Restorative justice programs are now being geared to these principles. Po-
lice officers, as elements of community policing programs, are beginning to
use mediation techniques to settle disputes rather than resort to formal ar-
rest.29 Mediation and conflict resolution programs are common features in
many communities. Financial and community service restitution programs as
an alternative to imprisonment have been in operation for more than two
decades.
The most important elements of the restorative justice model are:
• Offenders should be reintegrated back into society.
• Coercive punishments are self-defeating.
• The justice system must become more humane.
The various perspectives are summarized in Figure 1.5.
24 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Perspectives in Perspective
Advocates of each view have attempted to promote their vision of what jus-
tice is all about and how it should be enforced. During the past decade, the
crime control and justice models have dominated. Laws have been tough-
ened and the rights of the accused curtailed, the prison population has
grown, and the death penalty has been employed against convicted murder-
ers. Because the crime rate has been dropping, these policies seem to be ef-
fective; they may be questioned if crime rates once again begin to rise. At the
same time, efforts to rehabilitate offenders, to provide them with elements of
due process, and to give them the least intrusive treatment have not been
abandoned. Police, courts, and correctional agencies supply a wide range of
treatment and rehabilitation programs to offenders in all stages of the crimi-
nal justice system. Whenever possible, those accused of crime are treated in-
formally in nonrestrictive, community-based programs, and the effects of
stigma are guarded against. Although the legal rights of offenders are being
closely scrutinized by the courts, the basic constitutional rights of the ac-
cused remain inviolate. Guardians of the process have made sure that defen-
dants are allowed the maximum protection possible under the law. For exam-
ple, criminal defendants have been awarded the right to competent legal
counsel at trial; merely having a lawyer to defend them is not considered suf-
ficient legal protection.
In sum, understanding the justice system today requires analyzing a vari-
ety of occupational roles, institutional processes, legal rules, and administra-
tive doctrines. Each predominant view of criminal justice provides a vantage
point for understanding and interpreting these rather complex issues. No sin-
gle view is the right or correct one. Each individual must choose the perspec-
tive that best fits his or her own ideas and judgment—or they can all be dis-
carded and the individual’s own view substituted.

Learn more about Careers in

ETHICS IN CRIMINAL JUSTICE
Criminal Justice by exploring the The general public and criminal justice professionals are also concerned with
“On the Job” feature DEA Special
Agent Recruiter. the application of ethics in the criminal justice system.30 Both would like
every police officer on the street, every district attorney in court, and every
correctional administrator in prison to be able to discern what is right,
proper, and moral, to be committed to ethical standards, and to apply equal
and fair justice. These demands are difficult because justice system personnel
are often forced to work in an environment where moral ambiguity is the
norm. For example, should a police officer be forced to arrest, a prosecutor
charge, and a correctional official punish a woman who for many years was
the victim of domestic abuse and who in desperation retaliates against her
abusive spouse? Who is the victim here and who is the aggressor? And what
about the parent who attacks the man who has sexually abused her young
child; should she be prosecuted as a felon? But what happens if the parent
mistakenly attacks and injures the wrong person? Can a clear line be drawn
between righteous retribution and vigilante justice? As students of justice, we
are concerned with identifying the behavioral standards that should govern
each of the elements of justice. If these can be identified, is it possible to find
ways to spread these standards to police, court, and correctional agencies
around the nation?
Ethics in criminal justice is an especially important topic today consider-
ing the power granted to those who control the justice system. We rely on the
justice system to exert power over people’s lives, to be society’s instrument of
social control, and thereby grant the system and its agents the authority to
 CHAPTER 1 • CRIME AND CRIMINAL JUSTICE 25

deny people their personal liberty on a

routine basis. A police officer’s ability to
arrest and use force, a judge’s power to
sentence, and a correctional administra-
tor’s ability to punish an inmate give
them considerable personal power that
must be governed by ethical considera-
tions. Without ethical decision making,
it is possible that individual civil rights
will suffer and personal liberties, guar-
anteed by the U.S. Constitution, tram-
pled upon. The need for an ethical crimi-

© 2005 AP/Wide World Photos

nal justice system is further enhanced by
cyber-age advances in record keeping
and data recording. Agents of the crimi-
nal justice system now have immediate
access to our most personal information,
ranging from arrest record to medical
history. Issues of privacy and confi-
dentiality—which can have enormous
The television wall tells the Microsoft story as CNBC’s Tom Costello
economic, social, and political conse- gives a report from the NASDAQ MarketSite in New York’s Times
quences—are now more critical than Square on June 28, 2001. A federal appeals court in the District of
ever. Ethical issues transcend all ele- Columbia unanimously reversed the breakup of Microsoft, ruling that
ments of the justice system. Yet each although the software giant violated antitrust laws, the trial judge en-
branch has specific issues that shape gaged in “serious judicial misconduct” by making derogatory com-
their ethical standards, which are dis- ments about the company. Should a defendant go free because a
cussed in the following sections. judge erred? While the Microsoft case was a civil matter, what about
a murder trial? Should a conviction be overturned because the judge
made derogatory comments about the killer?
Ethics and Law Enforcement
Ethical behavior is particularly impor-
tant in law enforcement because, quite simply, police officers have the author-
ity to deprive people of their liberty. And, in carrying out their daily activities,
they also have the right to use physical and even deadly force.
Depriving people of liberty and using force are not the only police behav-
iors that require ethical consideration. Police officers maintain considerable
discretion when they choose whom to investigate, how far the investigation
should go, and how much effort is required—for example, undercover work,
listening devices, or surveillance. In carrying out their duties, police officers
must be responsive to the public’s demand for protection while at the same
time remaining sensitive to the rights and liberties of those they must deter
and/or control. In this capacity, they serve as the interface between the power
of the state and the citizens it governs. This duality creates many ethical
dilemmas. Consider the following:
• Should law enforcement agents target groups whom they suspect are
heavily involved in crime and violence or does this lead to racial/ethnic
profiling? Is it unethical for a security agent to pay closer attention to a
young Arab male getting on an airline flight than she gives to a well-
groomed American soldier from upstate New York? After all, there have
been no terrorist activities among army personnel, and the 9/11 terrorists
were of Arab descent. But don’t forget that clean-cut Tim McVeigh, who
grew up in rural Pendleton, New York, and spent more than three years in
the Army, went on to become the Oklahoma City bomber. How can police
officers balance their need to protect public security with the ethical re-
quirement that they protect citizens’ legal rights?
26 PART 1 • THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

• Should police officers tell the truth even if it means that a guilty person
goes free? For example, a police officer stops a car for a traffic violation
and searches it illegally. He finds a weapon used in a particularly heinous
shooting in which three children were killed. Would it be ethical for the
officer to lie on the witness stand and say the gun was laying on the car
seat in plain sight (thereby rendering its seizure legal and proper)? Or
should he tell the truth and risk having the charges dismissed, leaving the
offender free to kill again?
• Should police officers be loyal to their peers even when they know they
have violated the law? A new officer soon becomes aware that his partner
is taking gratuities from local gangsters in return for looking the other
way and allowing their prostitution and bookmaking operations to flour-
ish. Should the rookie file a complaint and turn in his partner? Will she be
labeled a “rat” and lose the respect of her fellow officers? After all, gam-
bling and prostitution are not violent crimes and do not really hurt any-
one? Or do they?
How can law enforcement officers be aided in making ethical decisions?
Various national organizations have produced model codes of conduct that
can serve as behavioral guides. One well-known document created by the In-
ternational Association of Chiefs of Police says in part:
As a law enforcement officer my fundamental duty is to serve mankind; to safe-
guard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disor-
der; and to respect the constitutional rights of all men to liberty, equality, and
justice . . . 31

Ethics and the Court Process

Ethical concerns do not stop with an arrest. As an officer of the court and the
“people’s attorney,” the prosecutor must seek justice for all parties in a crimi-
nal matter and should not merely be hunting a conviction. To be fair, prosecu-
tors must share evidence with the defense, not use scare tactics or intimida-
tion, and represent the public interest. It would be inexcusable and illegal for
prosecutors to suppress critical evidence, a practice which might mean that
the guilty walk free and the innocent are convicted.
Prosecutorial ethics become tested when the dual role of a prosecutor
causes them to experience role conflict. On the one hand, a prosecutor repre-
sents the people and has an obligation to present evidence, uphold the law,
and obtain convictions as vigorously as possible. In the adversary system, it is
the prosecutor who takes the side of the victim and upon whom they count for
justice.
But as a fair and impartial officer of the court, the prosecutor must over-
see the investigation of crime and make sure that all aspects of the investiga-
tion meet constitutional standards. If during the investigation it appears that
the police have violated the constitutional rights of suspects—for example, by
extracting an illegal confession or conducting an illegal search—the prosecu-
tor has an ethical obligation to take whatever action is necessary and appro-
priate to remedy legal or technical errors, even if it means rejecting a case in
which the defendant’s rights have been violated. Moreover, the canon of legal
ethics in most states forbids the prosecutor from pursuing charges when there
is no probable cause and mandates that all evidence that might mitigate guilt
or reduce the punishment be turned over to the defense.

Defense Attorney As an officer of the court, along with the judge, prosecu-
tors, and other trial participants, the defense attorney seeks to uncover the
Another random document with
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heard the ferrymen singing on the river below, and soon afterwards
the Kashif appeared at the door. He apologized, saying he had been
occupied in his divan. I had dinner served again, and tasted the
dishes to encourage him, but it appeared that he had not been able
to keep his appetite so long, and had dined also. Still, he ate enough
to satisfy me that he relished my dishes, and afterwards drank a
sherbet of sugar and vinegar with great gusto. He had three or four
attendants, and with him came a Berber merchant, who had lately
been in Khartoum. I produced my sketch-book and maps, and
astonished the company for three hours. I happened to have a book
of Shaksperean views, which I had purchased in Stratford-on-Avon.
The picture of Shakspere gave the Kashif and shekh great delight,
and the former considered the hovel in which the poet was born,
“very grand.” The church in Stratford they thought a marvellous
building, and the merchant confessed that it was greater than Lattif
Pasha’s palace in Khartoum, which he had supposed to be the finest
building in the world.
The next morning the shekh proposed going with me to the
remains of a temple, half an hour distant, on the eastern bank of the
river; the place, he said, where the people found the little images,
agates and scarabei, which they brought to me in great quantities.
After walking a mile and a half over the sands, which have here
crowded the vegetation to the very water’s edge, we came to a
broad mound of stones, broken bricks and pottery, with a foundation
wall of heavy limestone blocks, along the western side. There were
traces of doors and niches, and on the summit of the mound the
pedestals of columns similar to those of El Berkel. From this place
commenced a waste of ruins, extending for nearly two miles towards
the north-west, while the breadth, from east to west, was about
equal. For the most part, the buildings were entirely concealed by
the sand, which was filled with fragments of pottery and glass, and
with shining pebbles of jasper, agate and chalcedony. Half a mile
further, we struck on another mound, of greater extent, though the
buildings were entirely level with the earth. The foundations of
pillars were abundant, and fragments of circular limestone blocks lay
crumbling to pieces in the rubbish. The most interesting object was
a mutilated figure of blue granite, of which only a huge pair of wings
could be recognized. The shekh said that all the Frank travellers who
came there broke off a piece and carried it away with them. I did
not follow their example. Towards the river were many remains of
crude brick walls, and the ground was strewn with pieces of
excellent hard-burnt bricks. The sand evidently conceals many
interesting objects. I saw in one place, where it had fallen in, the
entrance to a chamber, wholly below the surface. The Arabs were at
work in various parts of the plain, digging up the sand, which they
filled in baskets and carried away on donkeys. The shekh said it
contained salt, and was very good to make wheat grow, whence I
inferred that the earth is nitrous. We walked for an hour or two over
the ruins, finding everywhere the evidence that a large capital had
once stood on the spot. The bits of water jars which we picked up
were frequently painted and glazed with much skill. The soil was in
many places wholly composed of the debris of the former dwellings.
This was, without doubt, the ancient Napata, of which Djebel Berkel
was only the necropolis. Napata must have been one of the greatest
cities of Ancient Africa, after Thebes, Memphis and Carthage. I felt a
peculiar interest in wandering over the site of that half-forgotten
capital, whereof the ancient historians knew little more than we.
That so little is said by them in relation to it is somewhat surprising,
notwithstanding its distance from the Roman frontier.
In the afternoon, Achmet, with great exertion, backed by all the
influence of the Kashif, succeeded in obtaining ten piastres worth of
bread. The latter sent me the shekh of the camels, who furnished
me with three animals and three men, to Wadi Halfa, at ninety-five
piastres apiece. They were to accompany my caravan to Ambukol,
on the Dongolese frontier where the camels from Khartoum were to
be discharged. I spent the rest of the day talking with the shekh on
religious matters. He gave me the history of Christ, in return for
which I related to him that of the Soul of Mahomet, from one
hundred and ten thousand years before the Creation of the World,
until his birth, according to the Arab Chronicles. This quite overcame
him. He seized my hand and kissed it with fervor, acknowledging me
as the more holy man of the two. He said he had read the Books of
Moses, the Psalms of David and the Gospel of Christ, but liked David
best, whose words flowed like the sound of the zumarra, or Arab
flute. To illustrate it, he chanted one of the Psalms in a series of not
unmusical cadences. He then undertook to repeat the ninety
attributes of God, and thought he succeeded, but I noticed that
several of the epithets were repeated more than once.
The north wind increased during the afternoon, and towards night
blew a very gale. The sand came in through the door in such
quantities that I was obliged to move my bed to a more sheltered
part of my house. Numbers of huge black beetles, as hard and
heavy as grape-shot, were dislodged from their holes and dropped
around me with such loud raps that I was scarcely able to sleep. The
sky was dull and dark, hardly a star to be seen, and the wind roared
in the palms like a November gale let loose among the boughs of a
Northern forest. It was a grand roar, drowning the sharp rustle of
the leaves when lightly stirred, and rocked my fancies as gloriously
as the pine. In another country than Africa, I should have predicted
rain, hail, equinoctial storms, or something of the kind, but there I
went to sleep with a positive certainty of sunshine on the morrow.
I was up at dawn, and had breakfast by sunrise; nevertheless, we
were obliged to wait a long while for the camels, or rather the
pestiferous Kababish who went after them. The new men and
camels were in readiness, as the camel-shekh came over the river to
see that all was right. The Kashif sent me a fine black ram, as
provision for the journey. Finally, towards eight o’clock, every thing
was in order and my caravan began to move. I felt real regret at
leaving the pleasant spot, especially the beautiful bower of palms at
the door of my house. When my effects had been taken out, the
shekh called his eldest son Saad, his wife Fatima, and their two
young sons, to make their salaams. They all kissed my hand, and I
then gave the old man and Saad my backsheesh for their services.
The shekh took the two gold medjids readily, without any
hypocritical show of reluctance, and lifted my hand to his lips and
forehead. When all was ready, he repeated the Fatha, or opening
paragraph of the Koran, as each camel rose from its knees, in order
to secure the blessing of Allah upon our journey. He then took me in
his arms, kissed both my cheeks, and with tears in his eyes, stood
showering pious phrases after me, till I was out of hearing. With no
more vanity or selfishness than is natural to an Arab, Shekh
Mohammed Abd e’-Djebàl had many excellent qualities, and there
are few of my Central African acquaintances whom I would rather
see again.
 CHAPTER XXXIV.
OLD DONGOLA AND NEW DONGOLA.

Appearance of the Country—Korti—The Town of Ambukol—The Caravan

reorganized—A Fiery Ride—We reach Edabbe—An Illuminated
Landscape—A Torment—Nubian Agriculture—Old Dongola—The
Palace-Mosque of the Nubian Kings—A Panorama of Desolation—The
Old City—Nubian Gratitude—Another Sand-Storm—A Dreary Journey
—The Approach to Handak—A House of Doubtful Character—The
Inmates—Journey to El Ordee (New Dongola)—Khoorshid Bey—
Appearance of the Town.

I left Abdôm on the morning of February twentieth. Our road lay

southward, along the edge of the wheat-fields, over whose waves
we saw the island-like groups of palms at a little distance. For
several miles the bank of the river was covered with a continuous
string of villages. After skirting this glorious garden land for two
hours, we crossed a sandy tract, overgrown with the poisonous
euphorbia, to avoid a curve in the river. During the whole of the
afternoon, we travelled along the edge of the cultivated land, and
sometimes in the midst of it, obliging my camels to stumble clumsily
over the raised trenches which carried water from the river to the
distant parts of the fields. Large, ruined forts of unburnt brick,
exceedingly picturesque at a distance, stood at intervals between the
desert and the harvest-land.
The next morning was hot and sultry, with not a breath of air
stirring. I rose at dawn and walked ahead for two hours, through
thickets of euphorbia higher than my head, and over patches of
strong, dark-green grass. The sakias were groaning all along the
shore, and the people every where at work in the fields. The wheat
was in various stages of growth, from the first thick green of the
young blades to the full head. Barley was turning a pale yellow, and
the dookhn, the heads of which had already been gathered, stood
brown and dry. Djebel Deeka, on my right, rose bold and fair above
the lines of palms, and showed a picturesque glen winding in
between its black-purple peaks. It was a fine feature of the
landscape, which would have been almost too soft and lovely
without it.
Before nine o’clock we passed the large town of Korti, which,
however, is rather a cluster of small towns, scattered along between
the wheat-fields and the river. Some of the houses were large and
massive, and with their blank walls and block-like groups, over which
the doum-tree spread its arch and the date-palm hung its feathery
crown, made fine African pictures—admirable types of the scenery
along the Nubian Nile. Beyond the town we came upon a hot, dusty
plain, sprinkled with stunted euphorbia, over which I could see the
point where the Nile turns westward. Towards noon we reached the
town of Ambukol, which I found to be a large agglomeration of mud
and human beings, on the sand-hills, a quarter of a mile from the
river. An extensive pile of mud in the centre denoted a fortress or
government station of some sort. There were a few lazy Arabs sitting
on the ground, on the shady side of the walls, and some women
going back and forth with water-jars, but otherwise, for all the life it
presented, the place might have been deserted. The people we met
saluted me with much respect, and those who were seated rose and
remained standing until I had passed. I did not enter the town, but
made direct for a great acacia tree near its western end. The nine
camels and nine men of my caravan all rested under the shade, and
there was room for as many more. A number of Arabs looked on
from a distance, or hailed my camel-men, to satisfy their curiosity
regarding me, but no one came near or annoyed us in any way. I
took breakfast leisurely on my carpet, drank half a gourd of
mareesa, and had still an hour to wait, before the new camels were
laden. The Kababish, who had accompanied me from Khartoum,
wanted a certificate, so I certified that Saïd was a good camel-man
and Mohammed worthless as a guide. They then drank a parting jar
of mareesa, and we went from under the cool acacia into the glare
of the fierce sun. Our road all the afternoon was in the Desert, and
we were obliged to endure a most intense and sultry heat.
The next day I travelled westward over long akabas, or reaches of
the Desert, covered with clumps of thorns, nebbuk and the jasmine
tree. The long mountain on the opposite bank was painted in rosy
light against the sky, as if touched with the beams of a perpetual
sunrise. My eyes always turned to it with a sense of refreshment,
after the weary glare of the sand. In the morning there was a brisk
wind from the north-east, but towards noon it veered to the south-
west, and then to the south, continuing to blow all day with great
force. As I rode westward through the hot hours of the afternoon, it
played against my face like a sheet of flame. The sky became
obscured with a dull, bluish haze, and the sands of the Beyooda, on
my left, glimmered white and dim, as if swept by the blast of a
furnace. There were occasional gusts that made the flesh shrink as if
touched with a hot iron, and I found it impossible to bear the wind
full on my face. One who has never felt it, cannot conceive the
withering effect of such a heat. The earth seems swept with the first
fires of that conflagration beneath which the heavens will shrivel up
as a scroll, and you instinctively wonder to see the palms standing
green and unsinged. My camel-men crept behind the camels to get
away from it, and Achmet and Ali muffled up their faces completely.
I could not endure the sultry heat occasioned by such a preparation,
and so rode all day with my head in the fire.
About three o’clock in the afternoon we approached the Nile
again. There was a grove of sont and doum-trees on the bank,
surrounding a large quadrangular structure of clay, with square
towers at the corners. Graveyards stretched for nearly a mile along
the edge of the Desert, and six large, dome-like heaps of clay
denoted the tombs of as many holy men. We next came upon the
ruins of a large village, with a fort and a heavy palace-like building
of mud. Before reaching Edabbe, the terminus of the caravan route
from Kordofan, the same evening, I rode completely around the
bend of the Nile, so that my dromedary’s head was at last turned
towards Wadi Halfa. I was hot, tired, and out of temper, but a gourd
of cool water, at the first house we reached, made all right again.
There were seven vessels in the river, waiting for the caravans. One
had just arrived from Kordofan, and the packages of gum were piled
up along the shore. We were immediately followed by the sailors,
who were anxious that I should hire their vessels. I rode past the
town, which does not contain more than thirty houses in all, and had
my tent pitched on the river bank.
The Nile is here half a mile broad, and a long reach of his current
is visible to the north and south. The opposite bank was high and
steep, lined at the water’s edge with a belt of beans and lupins,
behind which rose a line of palms, and still higher the hills of pale,
golden-hued sand, spotted like a leopard’s hide, with clumps of a
small mimosa. The ground was a clear, tawny yellow, but the spots
were deep emerald. Below the gorgeous drapery of these hills, the
river glittered in a dark, purple-blue sheet. The coloring of the mid-
African landscapes is truly unparalleled. To me, it became more than
a simple sense; it grew to be an appetite. When, after a journey in
the Desert, I again beheld the dazzling green palms and wheat-fields
of the Nile, I imagined that there was a positive sensation on the
retina. I felt, or seemed to feel, physically, the colored rays—beams
of pure emerald, topaz and amethystine lustre—as they struck the
eye.
At Edabbe I first made acquaintance with a terrible pest, which for
many days afterwards occasioned me much torment—a small black
fly, as venomous as the musquito, and much more difficult to drive
away. I sat during the evening with my head, neck and ears closely
bound up, notwithstanding the heat. After the flies left, a multitude
of beetles, moths, winged ants and other nameless creatures came
in their place. I sat and sweltered, murmuring for the waters of
Abana and Pharpar, rivers of Damascus, and longing for a glass of
sherbet cooled with the snows of Lebanon.
We were up with the first glimmering of dawn. The sky was dull
and hazy, and the sun came up like a shield of rusty copper, as we
started. Our path lay through the midst of the cultivated land,
sometimes skirting the banks of the Nile, and sometimes swerving
off to the belts of sont and euphorbia which shut out the sand. The
sakias, turned by a yoke of oxen each, were in motion on the river,
and the men were wading through the squares of wheat, cotton and
barley, turning the water into them. All farming processes, from
sowing to reaping, were going on at the same time. The cultivated
land was frequently more than a mile in breadth, and all watered
from the river. The sakias are taxed four hundred and seventy-five
piastres each, notwithstanding the sum fixed by Government is only
three hundred. The remainder goes into the private treasuries of the
Governors. For this reason, many persons, unable to pay the tax,
emigrate into Kordofan and elsewhere. This may account for the
frequent tracts of the finest soil which are abandoned. I passed
many fine fields, given up to the halfeh grass, which grew most rank
and abundant. My dromedary had a rare time of it, cropping the
juicy bunches as he went along. The country is thickly settled, and
our road was animated with natives, passing back and forth.
About noon, we saw in advance, on the eastern bank of the Nile, a
bold, bluff ridge, crowned with a large square building. This the
people pointed out to us as the location of Old Dongola. As we
approached nearer, a long line of mud buildings appeared along the
brow of the hill, whose northern slope was cumbered with ruins. We
left the caravan track and rode down to the ferry place at the river,
over a long stretch of abandoned fields, where the cotton was
almost choked out with grass, and the beans and lentils were
growing wild in bunches. After my tent had been pitched in a cotton-
patch, I took a grateful bath in the river, and then crossed in the
ferry-boat to the old town. The hill upon which it is built terminates
abruptly in a precipice of red sandstone rock, about a hundred feet
in height. Four enormous fragments have been broken off, and lie as
they fell, on the edge of the water. A steep path through drifts of
sliding yellow sand leads around the cliffs, up to the dwellings. I
found the ascent laborious, as the wind, which had veered to the
west, was as hot as on the previous day; but a boatman and one of
my camel-men seized a hand each and hauled me up most
conveniently. At the summit, all was ruin; interminable lines of walls
broken down, and streets filled up with sand. I went first to the Kasr,
or Palace, which stands on the highest part of the hill. It is about
forty feet in height, having two stories and a broad foundation wall,
and is built mostly of burnt brick and sandstone. It is the palace of
the former Dongolese Kings, and a more imposing building than one
would expect to find in such a place. Near the entrance is an arched
passage, leading down to some subterranean chambers, which I did
not explore. It needed something more than the assurance of an old
Nubian, however, to convince me that there was an underground
passage from this place to Djebel Berkel. A broad flight of stone
steps ascended to the second story, in which are many chambers
and passages. The walls are covered with Arabic inscriptions, written
in the plaster while it was yet moist. The hall of audience had once a
pavement of marble, several blocks of which still remain, and the
ceiling is supported in the centre by three shafts of granite, taken
from some old Egyptian ruin. The floors are covered with tiles of
burnt brick, but the palm-logs which support them have given away
in many places, rendering one’s footing insecure. Behind the hall of
audience is a passage, with a niche, in each side of which is also an
ancient pillar of granite. From the tenor of one of the Arabic
inscriptions, it appears that the building was originally designed for a
mosque, and that it was erected in the year 1317, by Saf-ed-deen
Abdallah, after a victory over the infidels.
I ascended to the roof of the palace, which is flat and paved with
stones. The view was most remarkable. The height on which Old
Dongola is built, falls off on all sides, inland as well as towards the
river, so that to the east one overlooks a wide extent of desert—low
hills of red sand, stretching away to a dim, hot horizon. To the north,
the hill slopes gradually to the Nile, covered with the ruins of old
buildings. North-east, hardly visible through the sandy haze, rose a
high, isolated peak, with something like a tower on its summit. To
the south and east the dilapidated city covered the top of the hill—a
mass of ashy-gray walls of mud and stone, for the most part roofless
and broken down, while the doors, courts and alleys between them
were half choked up with the loose sand blown in from the Desert.
The graveyards of the former inhabitants extended for more than a
mile through the sand, over the dreary hills behind the town. Among
them were a great number of conical, pointed structures of clay and
stones, from twenty to thirty feet in height. The camel-men said
they were the tombs of rossool—prophets, or holy men. I counted
twenty-five in that portion of the cemetery which was visible. The
whole view was one of entire and absolute desolation, heightened
the more by the clouds of sand which filled the air, and which, in
their withering heat, seemed to be raining ruin upon the land.
I afterwards walked through the city, and was surprised to find
many large, strong houses of stone and burnt brick, with spacious
rooms, the walls of which were plastered and whitewashed. The
lintels of the doors and windows were stone, the roofs in many
places, where they still remained, covered with tiles, and every thing
gave evidence of a rich and powerful city. Now, probably not more
than one-fifth of the houses are inhabited. Here and there the
people have spread a roofing of mats over the open walls, and
nestled themselves in the sand. I saw several such places, the doors,
or rather entrances to which, were at the bottom of loose sand-hills
that constantly slid down and filled the dingy dwellings. In my walk I
met but one or two persons, but as we returned again to the river, I
saw a group of Dongolese women on the highest part of the cliff.
They were calling in shrill tones and waving their hands to some
persons in the ferry-boat on the river below, and needed no fancy to
represent the daughters of Old Dongola lamenting over its fall.
Some Dongolese djellabiàt, or merchants, just returned from
Kordofan, were in the ferry-boat. One of them showed me a snuff-
box which he had bought from a native of Fertit, beyond Dar-Fūr. It
was formed of the shell of some fruit, with a silver neck attached. By
striking the head of the box on the thumb-nail, exactly one pinch
was produced. The raïs took off his mantle, tied one end of it to the
ring in the bow and stood thereon, holding the other end with both
hands stretched above his head. He made a fine bronze figure-head
for the boat, and it was easy to divine her name: The Nubian. We
had on board a number of copper-hued women, whose eyelids were
stained with kohl, which gave them a ghastly appearance.
Soon after my tent had been pitched, in the afternoon, a man
came riding up from the river on a donkey, leading a horse behind
him. He had just crossed one of the water-courses on his donkey,
and was riding on, holding the horse’s rope in his hand, when the
animal started back at the water-course, jerking the man over the
donkey’s tail and throwing him violently on the ground. He lay as if
dead for a quarter of an hour, but Achmet finally brought him to
consciousness by pouring the contents of a leathern water-flask over
his head, and raising him to a sitting posture. His brother, who had
charge of a sakia on the bank, brought me an angareb in the
evening, in acknowledgment of this good office. It is a good trait in
the people, that they are always grateful for kindness. The angareb,
however, did not prove of much service, for I was so beset by the
black gnats that it was impossible to sleep. They assailed my nose,
mouth, ears and eyes in such numbers that I was almost driven
mad. I rubbed my face with strong vinegar, but it only seemed to
attract them the more. I unwound my turban, and rolled it around
my neck and ears, but they crept under the folds and buzzed and bit
until I was forced to give up the attempt.
Our road, the next morning, lay near the river, through tracks of
thick halfeh, four or five feet high. We constantly passed the ruins of
villages and the naked frames of abandoned sakias. The soil was
exceedingly rich, as the exuberant growth of halfeh proved, but for
miles and miles there was no sign of life. The tyranny of the Turks
has depopulated one of the fairest districts of Nubia. The wind blew
violently from the north, and the sandy haze and gray vapor in the
air became so dense that I could scarcely distinguish the opposite
bank of the Nile. The river was covered with white caps, and broke
on the beach below with a wintry roar. As we journeyed along
through the wild green grass and orchards of sont, passing broken
walls and the traces of old water-courses, I could have believed
myself travelling through some deserted landscape of the North. I
was chilled with the strong wind, which roared in the sont and made
my beard whistle under my nose like a wisp of dry grass. Several
ships passed us, scudding up stream under bare poles, and one,
which had a single reef shaken out of her large sail, dashed by like a
high-pressure steamer.
After two or three hours we passed out of this region. The Desert
extended almost to the water’s edge, and we had nothing but sand
and thorns. The wind by this time was more furious than ever, and
the air was so full of sand that we could not see more than a
hundred yards on either hand. The sun gave out a white, ghastly
light, which increased the dreariness of the day. All trace of the road
was obliterated, and we could only travel at random among the
thorns, following the course of the Nile, which we were careful to
keep in view. My eyes, ears, and nostrils were soon filled with sand,
and I was obliged to bind my turban so as nearly to cover my face,
leaving only space enough to take a blind view of the way we were
going. At breakfast time, after two hours of this martyrdom, I found
a clump of thorns so thick as to shut off the wind, but no sooner had
I dismounted and crept under its shelter than I experienced a
scorching heat from the sun, and was attacked by myriads of the
black gnats. I managed to eat something in a mad sort of way,
beating my face and ears continually, and was glad to thrust my
head again into the sand-storm, which drove off the worse pests. So
for hours we pursued our journey. I could not look in the face of the
wind, which never once fell. The others suffered equally, and two of
the camel-men lagged so, that we lost sight of them entirely. It was
truly a good fortune that I did not take the short road, east of the
Nile, from Merawe to New Dongola. In the terrible wastes of the
Nubian Desert, we could scarcely have survived such a storm.
Nearly all the afternoon we passed over deserted tracts, which
were once covered with flourishing fields. The water-courses extend
for nearly two miles from the river, and cross the road at intervals of
fifty yards. But now the villages are level with the earth, and the
sand whistles over the traces of fields and gardens, which it has not
yet effaced. Two hours before sunset the sun disappeared, and I
began to long for the town of Handak, our destination. Achmet and I
were ahead, and the other camels were not to be seen any longer,
so as sunset came on I grew restless and uneasy. The palms by this
time had appeared again on the river’s brink, and there was a village
on our left, in the sand. We asked again for Handak. “Just at the
corner of yon palms,” said the people. They spoke with a near
emphasis, which encouraged me. The Arabic dialect of Central Africa
has one curious characteristic, which evidently springs from the want
of a copious vocabulary. Degree, or intensity of meaning is usually
indicated by accent alone. Thus, when they point to an object near
at hand they say: henàk, “there;” if it is a moderate distance off,
they lengthen the sound into “hen-a-a-ak;” while, if it is so far as to
be barely visible, the last syllable is sustained with a full breath
—“hen-a-a-a-a-a-àk!” In the same way, saā signifies “an hour;” sa-a-
a-ā, “two hours,” &c. This habit of speech gives the language a very
singular and eccentric character.
We pushed on till the spot was reached, but as far ahead as the
sand would permit us to see, could discern no house. We asked
again; the town commenced at the next corner of the palms ahead
of us. I think this thing must have happened to us five or six times,
till at last I got into that peculiarly amiable mood which sees nothing
good in Heaven or Earth. If my best friend had come to meet me, I
should have given him but a sour greeting. My eyes were blinded,
my head dull and stupid, and my bones sore from twelve hours in
the saddle. As it grew dark, we were overtaken by four riders
mounted on fine dromedaries. They were going at a sweeping trot,
and our beasts were ambitious enough to keep pace with them for
some time. One of them was a stately shekh, with a white robe and
broad gold border and fringe. From what the people said of him, I
took him to be the Melek, or King of Dongola.
Meanwhile, it was growing dark. We could see nothing of the
town, though a woman who had been walking beside us, said we
were there already. She said she had a fine house, which we could
have for the night, since it was almost impossible for a tent to stand
in such a wind. As I had already dipped into the night, I determined
to reach Handak at all hazards, and after yet another hour,
succeeded. Achmet and I dismounted in a ruined court-yard, and
while I sat on a broken wall, holding the camels, he went to look for
our men. It was a dismal place, in the gathering darkness, with the
wind howling and the sand drifting on all sides, and I wondered
what fiend had ever tempted me to travel in Africa. Before long the
woman appeared and guided us to a collection of miserable huts on
the top of the hill. Her fine house proved to be a narrow, mud-walled
room, with a roof of smoked dourra-stalks. It shut off the wind,
however, and when I entered and found the occupants (two other
women), talking to each other by the light of a pile of blazing corn-
stalks, it looked absolutely cheerful. I stretched myself out on one of
the angarebs, and soon relapsed into a better humor. But I am afraid
we were not lodged in the most respectable house of Handak, for
the women showed no disposition to leave, when we made
preparations for sleeping. They paid no attention to my requests,
except by some words of endearment, which, from such creatures,
were sufficiently disgusting, and I was obliged to threaten them with
forcible ejection, before they vacated the house. The camel-men
informed me that the place is notorious for its harlotry.
As we had made a forced march of forty miles in one day, I gave
the caravan a rest until noon, and treated the men to mutton and
mareesa. Prices had already increased, since leaving Soudân, and I
could not procure a sheep for less than seventeen piastres. The
women, who had returned at sunrise, begged me to give them the
entrails, which they cut into pieces and ate raw, with the addition of
some onions and salt. The old woman told me a piteous tale of the
death of her son, and her own distress, and how King Dyaab (who
had passed through Handak the day previous, on his way to Dar El-
Màhass) had given her two piastres, and she hoped I would also
give her something, that she might buy a new dress. I gave her the
same as King Dyaab, which she at once asked me to take back
again, as she expected at least nine piastres. Seeing I was about to
take her at her word, she made haste to secure the money. Her
youngest daughter, a bold, masculine thing, with hair cut close to
her head, now came to me for backsheesh. “Oh!” said I, “you are
going to do as the old woman did, are you?” “No,” she exclaimed; “if
you will give me two piastres, I will ask for no more. The old woman
is a miserable wretch!” and she spat upon the ground to show her
disgust. “Go!” I said; “I shall give nothing to a girl who insults her
mother.”
From Handak to El Ordee is two days’ journey. The country
presents the same aspect of desertion and ruin as that in the
neighborhood of Old Dongola. Untenanted villages line the road
during nearly the whole distance. The face of the country is level,
and there is no mountain to be seen on either bank of the Nile. It is
a melancholy, deserted region, showing only palms growing wildly
and rankly along the river, fields covered with halfeh, water-courses
broken down, sakias dismantled, and everywhere dwellings in ruin.
Here and there a few inhabitants still lingered, tending their fields of
stunted cotton, or watering some patches of green wheat. The
general aspect of desolation was heightened by the strong north-
wind, which filled the air with clouds of sand, making the sunshine
so cold and white, that all the color faded out of the landscape. The
palms were dull and dark, and the sand-hills beyond the Nile a dead,
lifeless yellow. All this district swarms with black gnats, which
seemed to have been sent as a curse upon its desertion, for they
never appeared where the country was thickly inhabited and all the
soil cultivated.
On the first day after leaving Handak, we passed the villages of
Kiar, Sori and Urub, and stopped at a place called Tetti. The wind
blew so violently during the night that every thing in my tent, my
head included, was thickly covered with dust. The next day we
passed a large town called Hannak. The greater part of it was
levelled to the earth, and evidently by violence, for the walls were of
stone. It stood on a rocky rise, near the river, and had on its highest
part the remains of some defences, and a small palace, in tolerable
preservation. The hills behind were covered for half a mile with the
graves of the former inhabitants, among which I noticed the cones
and pyramids of several holy men. As we approached El Ordee (by
which name New Dongola is usually called), the appearance of the
country improved, although there was still as much deserted as
cultivated land. The people we met were partly Dongolese and partly
Arabs from the Desert, the latter with bushy hair, shining with
grease, and spears in their hands. They cheered us with the news
that El Ordee was not distant, and we would arrive there at asser—
the time of afternoon prayer, two hours before sunset. My camel-
men rejoiced at the prospect of again having mareesa to drink, and I
asked old Mohammed if he supposed the saints drank mareesa in
Paradise. “Why!” he joyfully exclaimed; “do you know about
Paradise?” “Certainly;” said I, “if you lead a good life, you will go
straight there, but if you are wicked, Eblis will carry you down into
the flames.” “Wallah!” said the old fellow, aside to Achmet; “but this
is a good Frank. He certainly has Islam in his heart.”
About two o’clock, we descried the minaret of El Ordee, its sugar-
loaf top glittering white in the sun. The place was three or four miles
distant, and we did not reach it until after more than an hour’s
travel. As we approached, it presented the usual appearance of the
Nubian towns—a long line of blank mud walls, above which rise,
perhaps, the second stories of a few more ambitious mud houses;
here a sycamore, there a palm or two, denoting a garden within; a
wide waste of sand round about, some filthy people basking in the
sun, and a multitude of the vilest kind of dogs. Near the river there
are some fine large gardens, as in Khartoum. I had already decided
to stop two days, to rest my caravan, before commencing the long
and toilsome march to Wadi-Halfa, but instead of hiring a house I
went around the town and pitched my tent on the northern side, on
a sandy plain, where I secured pure air and freedom from
molestation by the inhabitants.
The morning after my arrival, the Governor, Khoorshid Bey, called
at my tent, and I returned the visit in the afternoon. He was a stout,
fair-skinned and brown-bearded man of thirty-eight, and looked
more like an American than a Turk. I found him in the shop of a
Turkish merchant, opposite the door of the mosque, which is built in
the centre of the bazaar. Two soldiers were in attendance, and
brought me coffee and sherbet. The Bey was particularly anxious to
know whether the railroad from Alexandria to Cairo would be built,
and how much it would cost. While I was sitting with him, the
mollahs were chanting in the mosque opposite, as it was the Moslem
Sunday, and groups of natives were flocking thither to say their
prayers. Presently the voice of the muezzin was heard from the top
of the minaret, chanting in a loud, melodious, melancholy cadence
the call to prayer—a singular cry, the effect of which, especially at
sunset, is really poetic and suggestive. I took my leave, as the Bey
was expected to perform his devotions with the other worshippers.
The town may be seen in an hour. It contains no sights, except
the bazaar, which has about twenty tolerable shops, principally
stocked with cottons and calicoes, and a great quantity of white
shawls with crimson borders, which the people here are fond of
wearing over their shoulders. Outside the bazaar, which has a roof of
palm-logs covered with matting, are a few shops, containing spices,
tobacco, beads, trinkets and the like small articles. Beyond this was
the soog, where the people came with their coarse tobacco, baskets
of raw cotton, onions, palm-mats, gourds, dates, faggots of fire-
wood, sheep and fowls. In this market-place, which ascended and
descended with the dirt-heaps left from ruined houses, there were
four ostriches, which walked about, completely naturalized to the
place. One of them was more than eight feet high—a most powerful
and graceful creature. They were not out of place, among the
groups of wild-haired Kababish and Bishàree, who frequented the
market.
Below the river-bank, which is high, upwards of twenty small
trading craft were lying. One had just arrived with a load of lime,
which the naked sailors were carrying up the bank in baskets, on
their heads. The channel of the Nile here is mainly taken up with the
large, sandy island of Tor, and the stream is very narrow. The shore
was crowded with women, washing clothes or filling their water-jars,
men hoisting full water-skins on the backs of donkeys, and boys of
all shades, from whity-yellow to perfect black, bathing and playing
on the brink. The northern part of the town appeared to be
deserted, and several spacious two-story buildings were falling into
ruins. I noticed not more than half a dozen houses which would be
considered handsome in Berber or Khartoum. El Ordee ranks next
after those places, in all the Egyptian territory beyond Assouan, but
has the disadvantage of being more filthy than they.
 CHAPTER XXXV.
JOURNEY THROUGH DAR EL-MÀHASS AND
SUKKÔT.

We start for Wadi-Halfa—The Plague of Black Gnats—Mohammed’s Coffin

—The Island of Argo—Market-Day—Scenery of the Nile—Entering Dar
El-Màhass—Ruined Fortresses—The Camel-Men—A Rocky Chaos—
Fakir Bender—The Akaba of Màhass—Camp in the Wilderness—The
Charm of Desolation—The Nile again—Pilgrims from Dar-Fūr—The
Struggle of the Nile—An Arcadian Landscape—The Temple of Soleb—
Dar Sukkôt—The Land of Dates—The Island of Sai—A Sea of Sand—
Camp by the River—A Hyena Barbecue.

We left El Ordee or New Dongola, before sunrise on the twenty-

ninth of February. A boy of about fourteen years old came out from
the town, helped load the camels, and insisted on accompanying me
to Cairo. As my funds were diminishing, and I had no need of
additional service, I refused to take him, and he went home greatly
disappointed. We were all in fine health and spirits, from the two
days’ rest, and our ships of the Desert sailed briskly along the sands,
with the palmy coasts green and fair on our right. For some miles
from the town the land is tolerably well cultivated, but the grain was
all much younger than in the neighborhood of Old Dongola. Beyond
this, the country was again deserted and melancholy; everywhere
villages in ruin, fields given up to sand and thorns, and groves of
date trees wasting their vigor in rank, unpruned shoots. The edge of
the Desert was covered with graveyards to a considerable extent,
each one boasting its cluster of pyramids and cones, raised over the
remains of holy shekhs. Towards noon I dismounted for breakfast in
a grove of sont trees, but had no sooner seated myself on my
carpet, than the small black flies came in such crowds that I was
scarcely able to eat. They assailed my temples, ears, eyes and
nostrils, and it was utterly impossible to drive them away. I was half
crazy with the infliction, and at night my neck and temples were
swollen and covered with blotches worse than those made by
mosquito stings. In fact, mosquitoes are mild and merciful in
comparison. Had not my road been mostly in the Desert, away from
the trees, I could scarcely have endured the journey. The few
inhabitants along the river kindled fires of green wood and sat in the
smoke.
In the afternoon the monotony of the Desert on the western bank
was broken by a solitary mountain of a remarkable form. It precisely
resembled an immense coffin, the ends being apparently cut square
off, and as the effect of a powerful mirage lifted it above the horizon,
it seemed like the sarcophagus of the Prophet, in the Kaaba, to be
suspended between heaven and earth. The long island of Argo,
which I saw occasionally across an arm of the Nile, appeared rich
and well cultivated. It belongs mostly to Melek Hammed, King of
Dongola, who was expected at home the day I passed, on his return
from Cairo, where he had been three months or more, for the
purpose of representing to Abbas Pasha the distressed condition of
the country, and obtaining some melioration of the system of misrule
inflicted upon it. Near the town of Argo, on the opposite side of the
island my map indicated a ruined temple, and I made a strong effort
to see it; but at Binni, which was the nearest point, there was no
ferry, and the people knew nothing of the temple nor of any thing
else. I left the main road and followed the bank, but the terrible flies
drove me away, and so, maddened and disgusted, I came at last to
a sakia, where the people informed me that the ferry was still ahead
and the ruins already some distance behind me. They said this
deliberately and carelessly, sitting like black spectres in the midst of
thick smoke, while I was crazily beating my ears. “Tell the caravan to
go ahead,” I said to Achmet, at length, “and don’t talk to me of
temples until we have got away from these flies.”
The next morning Achmet had some difficulty in awaking me, so
wrapt was I in dreams of home. I sat shivering in the cool air, trying
to discover who and where I was, but the yellow glimmer of my
tent-lining in the dim light of dawn soon informed me. During the
day we passed through a more thickly settled country, and owing to
the partial cultivation of the soil, were less troubled by that Nubian
plague, which is always worse about the ruined villages and the
fields given up to halfeh grass. It was market-day at the village of
Hafier, and we met and passed many natives, some with baskets of
raw cotton and some with grain. I noticed one man riding a donkey
and carrying before him a large squash, for which he would possibly
get twenty paràs (2½ cents). My camel-men, who had neglected to
buy dourra in El Ordee, wanted to stop until noon in order to get it,
and as I would not wait, remained behind.
The scenery had a wild and picturesque air, from the isolated
mountain peaks, which now appeared on both sides of the river
Djebel Arambo, with its high, precipitous sides and notched summit,
stood steeped in soft purple vapor—a beautiful object above the
long lines of palms and the green level of the islands in the river.
The fields on the western bank were mostly taken up with young
wheat, though I saw a single one of ripe barley, which a black
Baràbra was reaping, cutting off the stalks about one-third of the
way below the heads, and depositing them in heaps. By noon, I
knew from the landmarks that we must be opposite the island of
Tombos, where there are some ruins. I made inquiries for it, but the
bank was almost deserted, and the few inhabitants I found gathered
in straw huts here and there among the rank palm-groves, could tell
me nothing about it. All agreed, however, that there was no ferry at
this part of the Nile, and to swim across was out of the question.
The crocodiles swarm here, and are quite delicate in their tastes,
much preferring white flesh to black. So my hope of Tombos
vanished like that of Argo.
Beyond the island is a little ruined village, called Hannek, and here
I took leave of Dar Dongola, in which I had been travelling ten days,
and entered Dar El-Màhass, the kingdom of my friend Melek Dyaab.
The character of the country changed on the very border. Long
ridges of loose blocks of sandstone and granite, as at Assouan and
Akaba Gerri, in Soudân, appeared in front, at first on the western
bank, but soon throwing their lines across the stream and forming
weirs and rapids in its current. The river is quite narrow, in some
places not a hundred yards broad, and leads a very tortuous course,
bearing away towards the north-west, until it meets the majestic
barrier of Djebel Foga, when it turns to the north-east. About two
hours after passing Djebel Arambo, which stands opposite the
northern extremity of Tombos, we reached the large and hilly island
of Mosul, where the river divides its waters and flows for several
miles through deep, crooked, rocky channels, before they meet
again. Here there is no cultivation, the stony ridges running to the
water’s edge. The river-bed is so crowded and jammed with granite
rocks, that from the shore it appears in some places to be entirely
cut off. At this point there are three castellated mud ruins in sight,
which at a distance resemble the old feudal fortresses of Europe.
The one nearest which we passed was quadrangular, with corner
bastions, three round and one square, all tapering inward towards
the top. The lower part of the wall was stone and the upper part
mud, while the towers were nearly fifty feet high. That on an island
in the river, strongly resembled an Egyptian temple, with its pylons,
porticoes, and walls of circuit. They were evidently built before the
Turkish invasion, and were probably frontier forts of the Kings of El-
Màhass; to prevent incursions from the side of Dongola.
We reached the eastern base of Djebel Foga about four o’clock,
and I thought it best to encamp, on account of the camel-men, who
had a walk of twenty-three miles with bags of dourra on their
shoulders, before they could reach us. I had no sooner selected a
place for my tent, on the top of a high bank overlooking the river,
than they appeared, much fatigued and greatly vexed at me for
leaving them in the lurch. I ordered my pipe to be filled, and smoked
quietly, making no reply to their loud complaints, and in a short time
the most complete harmony prevailed in our camp. The Nile at this
place flowed in the bottom of a deep gorge, filled with rocks. The
banks were almost perpendicular, but covered with a rich growth of
halfeh, which our camels greedily cropped, at the hazard of losing
their balance and tumbling down into the river. I fancied there was
already a taste of Egypt in the mountain air, and flattered myself
that I had breathed the last of the languid atmosphere of Soudân.
The next morning led us deeper into the rocky chaos. The bed of
the Nile was properly a gorge, so deep was it sunk among the stony
hills, and confined within such narrow limits. The ridges of loose
blocks of granite and porphyry roll after each other like waves, and
their crests assume the most fantastic variety of forms. They are
piled in heaps and balanced on each other, topped with round
boulders or thrown together in twos and threes, as if some brood of
Titan children had been at play in those regions and were frightened
away in the midst of their employment. It is impossible to lose the
impression that some freak of human or superhuman fancy gave the
stones their quaint grouping. Between the ridges are shallow
hollows, terminating towards the west in deep, rocky clefts, and
opening on the river in crescent-like coves, between the jaggy
headlands which tumble their boulders into its bed. High peaks, or
rather conical piles of porphyry rock, rise here and there out of this
sterile chaos. Toward the east, where the Nile winds away in a long
chain of mazy curves, they form ranges and show compact walls and
pinnacles. The few palms and the little eddies of wheat sprinkled
along both banks of the river, are of a glorious depth and richness of
hue, by contrast with the gray and purple wastes of the hills. In the
sweet, clear air of the morning, the scenery was truly inspiring, and
I rode over the high ridges in a mood the very opposite of that I had
felt the day previous.
The Nile makes a great curve through the land of Màhass, to avoid
which the road passes through an akaba, about forty miles in length.
At the corner, where the river curves at a right angle from west to
south, is a small ruined place called Fakir Bender. The high bank is a
little less steep here than at other places, and its sides are planted
with lupins. At the end of the village is an immense sont tree,
apparently very old. A large earthen water-jar, with a gourd beside
it, stood in the shade. The fakeer, or holy man, from whom the
place is named, was soon in attendance, and as our camels knelt
under the tree, presented me with a gourd of cool water, “in the
name of God.” I gave him ten paràs before we left, but he did not
appear to be satisfied, for these holy men have great expectations. I
ordered two water-skins filled, and after an hour’s delay, we entered
on the akaba.
Over rough and stony ridges, which made hard travelling for the
camels, we came upon a rolling plain, bounded in the distance by a
chain of hills, which we reached by the middle of the afternoon. The
path, instead of seeking a pass or gorge, led directly up the side,
which, though not very high, was exceedingly steep and covered
with loose sand, up which the camels could scarcely climb. The top
was a stratum of red porphyry, cropping out of the sand in immense
masses. Behind us the dreary Desert extended to Djebel Foga and
the mountains about the cataract: the palms of the Nile were just
visible in the distance. Crossing the summit ridge, we entered a
narrow plateau, surrounded by naked black peaks—a most savage
and infernal landscape. The northern slope was completely covered
with immense porphyry boulders, among which our path wound.
Nearly every rock had a pile of small stones heaped upon it, as a
guide to caravans, and merely for descending this ridge there were
at least two hundred of them. The plain now extended away to the
north and east, bounded by a confusion of black, barren mountains,
out of which rose two lofty peaks. Towards evening we met a Nubian
family, with their donkeys, on their way southward. They begged for
water, which we gave them, as their supply was entirely exhausted. I
found a bed of hard gravel large enough for my tent, but we had
great difficulty in driving the pegs. The camel-men selected the
softest places among the rocks for their beds, but the camels
stretched their long necks on all sides in the vain search for
vegetation. I sat at my tent door, and watched the short twilight of
the South gather over the stony wilderness, with that strange feeling
of happiness which the contemplation of waste and desolate
landscapes always inspires. There was not a blade of grass to be
seen; the rocks, which assumed weird and grotesque forms in the
twilight, were as black as ink; beyond my camp there was no life in
the Desert except the ostrich and the hyena—yet I would not have
exchanged the charm of that scene for a bower in the gardens of
the Hesperides.
The dawn was glimmering gray and cold when I arose, and the
black summits of the mountains showed dimly through a watery
vapor. The air, however, was dry, though cool and invigorating, and I
walked ahead for two hours, singing and shouting from the overflow
of spirits. I hoped to catch a glimpse of the Nile before mounting my
dromedary, but one long black ridge of stones rose after another,
and there was no sudden flash of green across the darkness of the
Desert. At last, towards noon, through a notch in the drear and
stony chaos, the double line of palms appeared in the north east.
The river came from the east, out of the black mountain wilderness.
The valley is very narrow, and cultivation is only possible in the
coves of soil embayed among the hills. I came down on one of them
—a meadow of halfeh, back of the little village of Koyee—and
stopped an hour to rest the camels. A caravan of merchants, bound
for Kordofan and Dar-Fūr, had just encamped there, to rest during
the hot hours, according to their custom. Among them were some
hadji, or pilgrims from Dar-Fūr, on their way home from Mecca, and
a negro from Fazogl, who had belonged to a European, and had
lived in Naples. He was now free and going home, wearing a shabby
Frank dress, but without money, as he came at once to beg of me. A
Nubian woman came from the huts near at hand, bringing me a
large gourd of buttermilk, which I shared with the camel-drivers.
I set the camels in motion again, and we entered a short akaba, in
order to cross a broad stony ridge, which advanced quite to the
river’s edge. The path was up and down the sides of steep hollows,
over a terrible waste of stones. Down these hollows, which shelved
towards the river, we saw the palms of the opposite bank—a single
dark-green line, backed by another wilderness, equally savage.
Through all this country of Màhass the Desert makes a desperate
effort to cut off the glorious old River. It flings rocks into its bed,
squeezes him between iron mountains, compels him to turn and
twist through a hundred labyrinths to find a passage, but he pushes
and winds his way through all, and carries his bright waters in
triumph down to his beloved Egypt. There was, to me, something
exceedingly touching in watching his course through that fragment
of the pre-Adamite chaos—in seeing the type of Beauty and Life
stealing quietly through the heart of a region of Desolation and
Death. From the stony slopes of the hills I looked down on his
everlasting palms with the same old joy new-created in my heart.
After passing the akaba, I came to a village which I took to be
Soleb, but on inquiring, the people pointed ahead. I rode on, around
a slight curve of the trees, and was startled by a landscape of most
unexpected interest and beauty. Before me, over the crest of a
black, rocky ridge, a cluster of shattered pillars stood around the
falling doorway of a temple, the whole forming a picturesque group,
cut clear against the sky. Its tint of soft yellow-gray, was finely
relieved by the dark green of the palms and the pure violet of some
distant jagged peaks on the eastern bank. Beyond it, to the west,
three peaks of white and purple limestone rock trembled in the fiery
glare from the desert sands. The whole picture, the Desert excepted,
was more Grecian than Egyptian, and was perfect in its forms and
groupings. I know of no other name for the ruin than the Temple of
Soleb. It was erected by Amunoph III. or Memnon, and the Arcadian
character of the landscape of which it is the central feature,
harmonized thoroughly with my fancy, that Amunoph was a poet.
The temple stands on the west bank, near the river, and from
whatever point it is viewed, has a striking effect. The remains consist
of a portico, on a raised platform, leading to a court once
surrounded by pillars. Then follows a second and more spacious
portico, with a double row of three pillars on each side. This opens
upon a second pillared court, at the opposite end of which is a
massive doorway, leading to the adyta of the temple, now
completely levelled to the earth. The entire length of the ruin is
about two hundred feet. There are nine pillars, with a single block of
their architrave, and portions of two of the porticoes still standing:
the remainder of the temple is a mass of ruins. The greatest pains
have been taken to destroy it completely, and all the mound on
which it stands is covered with huge blocks, thrown one over the
other in the wildest confusion. In one place, only, I noticed the
disjointed segments of a column, still lying as they fell. The
pedestals remain in many places, so that one can partially restore
the original order. When complete, it must have been a majestic and
imposing edifice. The material is the white limestone of the adjacent
mountains, veined with purple streaks, and now much decomposed
from the sun and rain. From the effect of this decomposition, the
columns which remain standing are cracked and split in many places,
and in the fissures thus made, numbers of little swallows and
starlings have built their nests, where they sit peeping out through
the sculptures of gods. The columns and doorways are covered with
figures, now greatly blurred, though still legible. I noticed a new
style of joining the portrait of a monarch with his cartouche, the
latter representing his body, out of which his head and arms issued,
like the crest of a coat of arms. The columns represent the stalks of
eight water-plants bound together, with a capital, or rather
prolonged abacus, like the Osiride column. They are thirty feet in
height, without the pedestal, and five feet in diameter. This is the
sum of my observations: the rest belongs to the antiquarian.
Before night, we passed a third akaba, to get around the
limestone ridge, which here builds a buttress of naked rock over the
Nile, and at sunset again saw the palms—but this time the renowned
palms of Dar Sukkôt, for we had crossed the border of Dar El-
Màhass. They lined the river in a thick grove of stems, with crowns
of leafy luxuriance. The village of Noolwee, scattered for half a mile
in their shade, was better built than any I saw in Dongola. Many of
the houses were inclosed in square courts, and had a second story,
the massive mud walls sloping towards each other like a truncated
pyramid. Achmet, Ali and myself bought about fifty piastres worth of
the celebrated dates of Sukkôt. They were the largest and best
flavored I ever saw, and are said to preserve their quality for years.
They are sold at a piastre for an earthen measure containing about
two hundred. When gathered, they are first slightly dried in the large
magazines, and then buried in the earth. The population of Sukkôt
subsists apparently on the profits of selling them, for little else is
cultivated along the river. Even here, nevertheless, where the people
are better able to bear the grinding rule of Egypt, one meets with
deserted fields and ruined dwellings. The King of El-Màhass informed
me, when in Khartoum, that his people were obliged to pay six
hundred piastres (thirty dollars) tax on each water-mill, being just
double the lawful amount, (which, alone, is very oppressive), and
that his country was fast becoming depopulated, in consequence.
On the following day I passed the large island of Sai. The country
here is more open and the Nile has a less vexed course. The
mountains, especially the lofty blue mass of Djebel Abyr, have not
the forced and violent forms common to the porphyry formation.
Their outlines are long, sloping, and with that slight but exquisite
undulation which so charmed me in the hills of Arcadia, in Greece,
and in Monte Albano near Rome. Their soft, clear, pale-violet hue
showed with the loveliest effect behind the velvety green of the thick
palm clusters, which were parted here and there by gleams of the
bright blue river. From the northern end of Sai, the river gradually
curves to the east. The western shore is completely invaded by the
sands, and the road takes a wide sweep inland to avoid the loose,
sliding drifts piled up along the bank. We had not gone far before we
found a drift of brilliant yellow sand thirty feet high and two hundred
yards in length, lying exactly across our road. It had evidently been
formed within a few days. It was almost precisely crescent-shaped,
and I could not account for the action of the wind in building such a
mound on an open plain, which elsewhere was entirely free from
sand. We rounded it and soon afterwards entered on a region of
sand, where to the west and north the rolling yellow waves extended
to the horizon, unbroken by a speck of any other color. It was a
boundless, fathomless sea of sand to the eye, which could scarcely
bear the radiated light playing over its hot surface. The day (for a
wonder) was somewhat overcast, and as the shadows of small
clouds followed one another rapidly over the glaring billows, they
seemed to heave and roll like those of the sea. I was forced to turn
away my head, faint and giddy with the sight. My camels tugged
painfully through this region, and after two hours we reached a
single sont tree, standing beside a well, and called sugger el-abd
(the Tree of the Slave). It was pointed out by the camel-men as
being half-way between El Ordee and Wadi Halfa.
We journeyed on all the afternoon through a waste of sandy and
stony ridges, and as night drew near, I became anxious to reach the
river, no trace of which could be seen. I rode up one of the highest
ridges, and lo! there were the tops of the date-groves in a hollow,
not a quarter of a mile distant, on my right. The camels’ heads were
soon turned in that direction, and I encamped at once on the bank,
where my beasts found sufficient grass and thorns for the first time
in three days. The river here flows in a deep channel, buried among
the hills, and there is neither cultivation nor population on the
western bank. On the opposite side there was a narrow strip of soil,
thickly planted with date-trees.
My camel-men kindled a fire in the splendid moonlight, and
regaled themselves with the hind-quarters of a hyena, which they
roasted in the coals and devoured with much relish. I had curiosity
enough to eat a small piece, which was well-flavored though tough.
The Nile roared grandly below our camp all night, in the pauses of
the wind.