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A Sociology of Crime 2nd Edition Stephen Hester Digital
Instant Download
Author(s): Stephen Hester; Peter Eglin
ISBN(s): 9781315660318, 1315660318
Edition: 2nd
File Details: PDF, 41.95 MB
Year: 2017
Language: english
A Sociology of Crime
Typeset in Bembo
by Keystroke, Neville Lodge, Tettenhall, Wolverhampton
For Sociology
Contents
1 Sociology 1
PART I
Positively undertaken 39
Introduction 41
2 State 46
3 Society 84
PART II
Interpretatively turned 113
Introduction 115
4 Claims-making 124
vii
CONTENTS
PART III
Politically challenged 239
Introduction 241
7 Class 247
8 Gender 316
9 Race 353
PART IV
Epistemically undermined 389
Introduction 391
10 Power 397
11 People? 433
12 Conclusion 473
References 480
Index 554
viii
Figures and
boxes
Figures
1.1 Members of the public admitting to lawbreaking 5
1.2 Creating crime and criminals 34
5.1 Four types of deviant behaviour 190
8.1 Data appendix 342–3
Boxes
1 Philosophical tributaries of the interpretative turn 120
2 One criminologist’s theoretical journey 155
3 Two-set classes or two-class sets 245
4 Marx and Engels on “globalization” 248
5 Reiman on Marx’s analysis of criminalization in capitalist society 249
6 Capitalism as a totalizing process 256
7 A note on structural Marxism 259
8 Matoesian on “detailing-to-death” in a rape trial 346
9 Chambliss on race and the War on Drugs 365
10 “The accumulated evil of the whole”: Afghanistan 2001–2016 436
11 Politics or crime? 445
12 When Canada used hunger to clear the West 456
13 Canadian government withheld food from hungry aboriginal
kids in 1940s nutritional experiments, researcher finds 458
ix
Preface
xi
PREFACE
xii
PREFACE
xiii
PREFACE
xiv
PREFACE
xv
1 Sociology
MEAT IS MURDER
Introduction
It doesn’t matter where we start, so let’s jump right in. Crime is
readily at hand. Check the news feed on your cell phone. What
crime stories are being reported there? On New Year’s Eve 2015, the
Flipboard daily edition had the following headlines, among others:
“Security Raised at New Year Celebrations Amid World Terror
Fears”;“Ramadi residents fleeing ISIS:‘They want to use us as human
shields’”;“TCU QB Boykin charged with felony assault, suspended”;
“Bill Cosby Accuser Beth Ferrier on His Arrest for Decade-Old
Alleged [Sexual Assault].” In August 2016, Canadian supermarket
checkout stands announced “Canada’s New Crime Wave” on the
front page of Maclean’s (“Canada’s National Magazine”). In the last
days of the 2015 Canadian federal election campaign, as this writ-
ing was under way, the national news spoke of radio and print ads
put out by Prime Minister Stephen Harper’s Conservatives targeting
Justin Trudeau’s Liberals, saying that the latter would, if successful in
winning the election, make marijuana available for sale to children
and would bring prostitution in the form of brothels to residential
neighbourhoods.1 The ads were being released in areas of the country
with large South Asian populations.
The early part of the election campaign was dominated by the trial
of Mike Duffy, a Harper-appointed senator, former journalist and
Canadian national media celebrity who, in July 2014, was charged
with 31 offences including bribery, and fraud and breach of trust in
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face to the last African American shot dead by a white police officer
in the land of the free; US police killed 1,126 people in 2015, killing
blacks at twice the rate as whites.7 You know how to call the police,
and may well have seen the inside of your local courthouse.You are
familiar with the uniformed security officers you see everywhere,
who look like police and have quasi-police powers, not to mention
the security cameras at every turn. Where you live may be a “neigh-
bourhood watch” community, and you may have received a recorded
phone message informing you of some local crime concern.You lock
your doors at night.You will recognize police cars and police officers
(on foot, on bikes, on horses, on motorcycles) when you see them
on the streets and highways you frequent, or at televised funerals for
“fallen officers,” at memorial parades and ceremonial events or dur-
ing seasonal roadside “blitzes” for drinking and driving.You may have
been kettled (contained) by them at a protest or demonstration.You
may recall the visit of a police officer to your school or your child’s
school. You will probably have an opinion about the desirability of
capital punishment, the criminalization of abortion, the legalization
of marijuana (see also Potter and Kappeler 1998: vi). You may have
strong feelings about terrorism, violent crime, “pedophiles,” gangs,
the War on Drugs, cyberstalking, solitary confinement, drinking
and driving, sexual assault, criminals who “get off easy,” mandatory
minimum sentences, whether “Black Lives Matter,” home invasions,
Oscar Pistorius.8 These feelings may have been stoked by the election
platform of one or other of the political parties vying for your vote
recently. The notice board in the shop where you bought coffee this
morning may have sported a poster like this one advertising a play:
“Hard Boiled: A Sal Dali Crime Tale.” Or, on the surface of the paved
trail where you run each day, there may look back at you in stark,
hard-to-remove capital letters the slogan, “MEAT IS MURDER.”
Moreover, you yourself may have been the victim of crime. Your
house or car may have been broken into, your purse snatched, your
corner store held up, your local bank robbed, your credit card or other
form of identity stolen, your property vandalized, your person assaulted,
your village or town destroyed. If it hasn’t happened to you, you will
probably know of a relative, friend, neighbour or local resident who has
been victimized by such an act, or you will have seen it on the news.
Such an experience may, in fact, have prompted you to be inter-
ested in crime, interested enough to have picked up or uploaded
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5
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(although more than a few of you certainly have), let alone been
charged, tried, convicted or sentenced for such an offence, so that
it may be said of you that you got away with it. The label was never
applied. “Getting away with” crime is very much part of the crime
landscape. Indeed, the fact that crime may be got away with means
that it is not a naturally self-revealing thing. It must be shown to be
such.While we are inclined to think that an action in itself is or is not
criminal, we are prepared to allow that it must be identified, observed,
apprehended or detected as such; such that if that labelling does not
occur in any particular instance, we do not become “criminal” in
any socially meaningful sense. So, although we may retain the sense
that our action was, indeed, a criminal one, and that we did indeed
get away with it, it does not follow that we think of ourselves as
criminals. So there are crimes and there are criminals. The two do
not necessarily equate.
We know, too, that for an action to be found to be a crime, in the
end it must be shown to have been committed with criminal intent
(although there are exceptions like drinking and driving). The gun
could have gone off accidentally, the child could have been too young
to appreciate the gravity of the act, the adult may not have been
criminally responsible by virtue of mental illness, mental handicap
or having been forced. The act could have been in self-defence. The
homicide may have been justifiable if carried out by, say, a uniformed
soldier in combat. Accusations can be false, identities mistaken, evi-
dence tainted, witnesses hostile, charges withdrawn, sentences can be
inadequate or excessive, convictions wrongful. Crime, in short, is a
contested category, and we know it.
Whether you are interested in crime or not, you know that many
people in society cannot help but be “interested” in it as it is their job
to engage with it on a daily basis. A considerable range of occupa-
tions deals with crime, from police to Supreme Court Justices, from
legal secretaries to crime scene investigators, from narcotics divi-
sions to war crimes units, from crime beat reporters to prison guards,
from academic criminologists to Ministry of the Attorney-General
researchers and so on. Some types of crime are engaged in by some
people on a more or less occupational basis like drug trafficking and
drug dealing, armed robbery, safe cracking, shoplifting, contract kill-
ing, burglary, living off the avails of prostitution, human trafficking,
assassination of official enemies, state terrorism, accounting fraud,
6
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bribery of officials and so on. See, for example, The New Confessions
of an Economic Hit Man by John Perkins (2016) or “The bribe
factory” (2016).9
Crimes, then, have perpetrators or offenders, the ones who com-
mit the offence, and victims, the ones who suffer the loss attending
the offence. We allow, though, that some crimes may be thought of
as “victimless,” as the only one harmed, if anyone, appears to be the
offender him- or herself. And some may acquire the status of what
Joseph Gusfield, referring to drinking and driving, calls “moral fault
without censure”: “at the level of public attention there is the persis-
tent and shrill cry for more punishment; at the level of daily events
there is the negotiation between lawbreakers and law enforcers and
the continued existence of prohibited acts” (Gusfield 1981: 132).
Taking this a step further, Eglin will never forget regularly witness-
ing a posse of Mexican police standing waiting to go on (or come
off) shift, quite oblivious to cars driving past them using the off ramp
to drive on to the periferico (a major highway) at the Plateros exit
in Mexico City; or another group of such police quite openly and
nonchalantly guarding an illegal casino set up in the middle of the
Cuernavaca Fair in 2004 (Cuevas Villalobos 2004).
Nevertheless, crimes, we say, are wrongs. They are not morally
neutral. When such acts occur, they are not mere matters of interest
but, depending on their nature and gravity, they elicit moral condem-
nation, not only from their victims but from society generally. They
demand redress, we say, in the form of punishment of the offender or
restoration of the victim’s loss or both. And we have institutions spe-
cifically designed to provide those remedies.That “loss” can be in the
form of terrible physical or emotional damage suffered by the victim,
which may last for years in the form of post-traumatic stress disorder
(PTSD). The offence caused by the crime to the integrity of the
victim’s person can be extended to their home or other possessions,
to their family and friends. A “wave” of offences in a particular area
may occasion a crime scare in the form of fear among local residents
and demands for greater enforcement of the law in order to restore
(a sense of) public safety (Fishman 1978: 531). Criminal offences have
the capacity to stir moral outrage throughout a community, whether
locally, regionally, nationally or, indeed, internationally.We know this
to be true of the 2011 “Norway attacks” by Anders Breivik in which
he shot dead 69 participants of a Workers’ Youth League summer camp
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8
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9
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crime is, what it can mean for us, how we should act towards it, is
given for us in the language and mores of everyday life. Though the
course for which you are (most probably) reading this book may not
be the first course in sociology that you have taken, the ready recog-
nizability of what you have read so far has in no way depended on
such formal studies. That crime involves offenders and victims, types
of offence and offender, the criminal law, police, courts and correc-
tions is something so obviously the case as possibly to raise in your
mind the question as to why the authors are bothering. What is the
point of telling us what we already know? When are we going to get
to the meat(!), you may well be asking.
In fact, it is wholly typical of standard works in sociology, includ-
ing innumerable introductory textbooks, to use at the beginning of
them a variant version of the way this book’s subject is being intro-
duced. The opening strategy is to present such members’ knowledge
in the form of factual propositions about the subject in question
(knowledge that), to characterize this knowledge as “commonsense
knowledge,” what everyone thinks they know about crime, and then
to contrast it with the “scientific” knowledge of the subject that the
writer, the professional sociologist, is about to impart – what is really
going on (see contributions by Sacks, and Garfinkel, in Hill and
Crittenden 1968: 12–17; Lynch and Bogen 1994: 70; Hutchinson
et al. 2008: 19). “Virtually canonical in these preliminary discussions
is a list of statements describing how sociological knowledge dif-
fers from commonsense belief ” (Lynch and Bogen 1997: 486). For
example, it may be asserted that whereas people commonly think that
assaults are typically carried out in public, at night, by strangers, the
truth is that they mostly occur in private, during the day, by a person
the victim knows. Walter DeKeseredy begins his book on Women,
Crime and the Canadian Criminal Justice System like this:
One does not have to read this book or others like it to discover
that many Canadians see their country as being riddled with preda-
tory violent women and girls. This is largely because on any given
day, newspapers and television stations typically present at least one
sensational story about a terrifying, albeit statistically insignificant,
crime committed by a female, such as Karla Homolka.You will also
often hear some journalists, conservative politicians, and many male
members of the general public contend,“But women do it too!” . . .
11
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research – of the professional social scientist that can reveal the order
in the mess of observable particulars. Again, referring to introductory
textbooks, Lynch and Bogen (1997) write:
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reality” (Schutz 1962b [1953]: 21, quoted in Kim and Berard 2009:
271). Or, in its classical formulation:
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15
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16
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the witnessed scene is just what it appears to be (and not the set of a
film or play) and so on. Notice, too, that the phrase “waiting for the
bus” is both a description and explanation of the action in question;
the people involved are seen to be waiting, and why they are wait-
ing is because they want to get on the bus (which will take them
to where they are going; in other words, we take it that they have a
destination). To attribute such social identities to people and to see
them as engaged in actions for a reason or purpose is to “socialize”
the scene, to make it social, to do a sociology on it. For a clear and
cogent analysis of “aspects of members’ ethnographic work in making
[their] setting observable and reportable” (Sharrock and Turner 1980:
29) see the analysis by these authors of the way a caller to the police
describes the parked automobile that is the object and subject of her
concern.
And, notice also, we see such things at a glance, without the need
for an interview. That is to say, in the world of everyday life, one, as
it were, takes up the work of being a member of society and sees,
and acts towards, the world accordingly. Others are seen, according
to such things as the (social) time and place of their being encoun-
tered, as workers, shoppers, students, beggars, business people, tourists,
etc. That is, allowing for a “restricted class” of categories that are
“routinely ‘emblematically assignable,’ or ‘perceptually recordable’
at a glance” such as police officers, “nuns, hospital physicians,” etc.
(Coulter 2001: 37; see also Jayyusi 1984: 68–73), people don’t just
appear before us bearing a label with their category identity stamped
upon it in large lettering.We see who they are by such things as when
and where we encounter them and what activities they are engaged
in (Eglin 1980).Thus, persons observable as “taking in the sights” can
be seen as “tourists.” By virtue of the time of day, persons observable
as “finishing up the job” or “driving home from work” may be seen as
“workers.” Because of their institutional location, persons observable
as “on their way to or from class” may be seen as “students.”
And if you are inclined to say, “Well, what’s the big deal, that’s
just who they are, and that’s just what they are doing,” then it needs
to be said that while the people and actions concerned may very
well be describable in terms of those categories – that is, while such
descriptions may be perfectly correct – it is also the case that they
can be described as children (all of them), as males, females and oth-
ers, as persons of tall, medium and short height, and, mutatis mutandis,
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terms (offender and victims), gendered terms (man and women) and
political terms (anti-feminist terrorist and feminists).These categori-
zations provided the resources out of which disputes were constructed
about what the “Montreal Massacre” amounted to as social action,
for participants, for news reporters, for media commentators and for
subsequent academic, professional sociological analysis. That is, the
language of description – in this case, the categories and descriptors
used to refer to the people and actions concerned – provided for
what could be intelligibly said about them. This included that what
he had done could be seen as a terrible crime.
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Together these ideas entail the view, as stated above, that the ordinary,
everyday life we live with and among others is not just “social” in
character, but fundamentally sociological.That is, sociology is not simply
the name of the specialized conceptual and methodological apparatus
brought to the analysis of social life by professional practitioners of
an academic discipline called sociology, but is a collection of such
practices that all members of society engage in as a condition of living
everyday life. “The study of common sense knowledge and common
sense activities consists of treating as problematic phenomena the
actual methods whereby members of society, doing sociology, lay or
professional, make the social structures of everyday activities observ-
able” (Garfinkel 1967: 75). By “everyday life” or “everyday activities”
20
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is meant all of social life lived under the auspices of what phenom-
enologists call the “natural attitude” or the “attitude of everyday life,”
whether in everyday or specialized settings. Moreover, professional
sociology is underpinned by this lay sociology.
This approach entails the view that, far from being deficient in
terms of professional sociology’s formal theoretical schemes for
explaining social action, persons’ actions can routinely be seen to be
intelligible in terms of the practical circumstances with which they
engage. Furthermore, insofar as “language is understood as practical
action” (Lynch 2014: 112, note 19) then, “following Wittgenstein,
persons’ actual usages are rational usages in some ‘language game.’
What is their game?” (Garfinkel 1967: 70, emphasis in original).
Garfinkel might have better said, “What is that game?” Because “a
language-game is any array of human activities within which the
use of language is embedded,” then no language game is “anyone’s
singular ‘possession’” (Coulter 2016: 2).
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them as such reports rests upon our unnoticed use of certain sense-
making methods or interpretative procedures. Such methods are
the focus of ethnomethodology. Since most of us encounter crime
most commonly in the form of media depictions of it, and since
much is made in professional sociology about the news media’s “con-
struction” of crime through their reporting and commentary on it,
it is fitting perhaps to begin the book by showing how our pre-
ferred approach treats the subject in its “media-ted” manifestation.
We shall use the following case of a newspaper headline to bring
out how its reading depends on some general methods of sense-
making available to any competent members of society picking up a
newspaper.
Our original analysis of this headline in the first edition of this book
(Hester and Eglin 1992: 119–128) was revised and expanded by
Francis and Hester in An Invitation to Ethnomethodology (2004: 37–44)
as an example of that mode of ethnomethodological analysis they call
self-reflection. The analysis presented here is a summary version of
their revision of our original. Such an analysis requires taking three
methodological steps (Francis and Hester 2004: 25–26):
1. Notice something that is observably-the-case about some talk,
activity or setting.
2. Pose the question: “How is it that this observable feature has been
produced, such that it is recognizable for what it is?”
3. Consider, analyze and describe the methods used in the produc-
tion and recognition of the observable feature.
Step 1: imagine you see this headline on the front page of the news-
paper. What do you take it to be saying in the quite ordinary way
that you read a newspaper? We take it, and we take it that you take
it, to mean that a mother killed her child (most probably a baby or
young infant) and as a result, was arrested and charged by the police.
Notice that the headline doesn’t say this in so many words and, if you
stretch your imagination, you can think up other possible meanings.
So, let us spell out what our “obvious” reading consists of (and what
it doesn’t) (Francis and Hester 2004: 38):
1. that the mother is the mother of the dead child (and is not
someone else’s mother);
23
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2. that the mother was charged by the police (and not [by] someone
or something else);
3. that the child was killed by its mother (and not by someone else).
Step 2: how do we come up with this reading? What methods of
practical reasoning, involving what commonsense knowledge of the
social structures, have gone into both the production and recognition
of this story in this headline? How do we see that this, after all, is a
crime story, that it’s about a crime?
Step 3: the general answer that professional MCA gives is that to
do so, we, as ordinary members of society reading the newspaper,
engage in membership categorization analysis ourselves. In other
words, MCA has two senses. It refers both to lay “members’ methods
of sociological inquiry” and to the form of analysis that professional
ethnomethodologists carry out on the MCA carried out by lay mem-
bers of society. Of what does members’ MCA consist in the case of
this headline? To answer this question, we shall employ the concep-
tual framework of professional MCA bequeathed to us by Harvey
Sacks (1967, 1972a, 1972b, 1992a, 1992b), and practitioners influ-
enced by his work, chiefly Watson (1976, 1978, 1983), Payne (1976),
Jayyusi (1984) and others (Eglin and Hester 1992, 2003; Hester and
Eglin 1997).
“Membership categories” are classifications or social types used to
describe persons. Examples include “mother,”“father,”“son,”“daugh-
ter,” “hockey player,” “hell’s angel,” “musician,” “scholar,” “lunatic,”
“bore,” etc. Our knowledge of the world is informed by such cat-
egories: “they provide a means for us to make sense of the social
world” (Francis and Hester 2004: 39). We will introduce the other
terms as we work through an abbreviated account of the analysis of
our reading of the headline. For a full analysis, readers should turn to
Francis and Hester’s account.
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To say that such pairs are standardized means that it is known what
the typical rights, obligation, activities, attributes and so forth are of
the one part with respect to the other . . . Furthermore, mention
of one part of such a pair is to imply the other – to have the other
programmatically present.
(Francis and Hester 2004: 40)
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that we take it that the mother and child in the headline are mother
and child to each other.
A second observation is that the headline does not say that the
mother was charged by the “police,” but we read it that way. This
is because of our “orientation to category predicates.” Sacks speaks,
in particular, about “category-bound activities.” These are activities
(or, perhaps better, actions) that are expectably and properly done by
persons who are the incumbents of particular categories, when those
categories are drawn from certain collections or MCDs. Subsequent
researchers have extended Sacks’s work in this area. Sharrock (1974),
Payne (1976),Watson (1978, 1983), Jayyusi (1984) and Hester (1992),
for example, have all observed that category-bound activities are
just one class of predicates which “can conventionally be imputed
on the basis of a given membership category” (Watson 1978: 106).
Other predicates include rights, expectations, obligations, knowledge,
attributes and competences. Thus, “charging” is an activity bound
to or predicated of such a membership category. When we read of
“charging,” there are, hypothetically at least, several possibilities.
26
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If we have taken it that the mother is the mother of the dead child, and
that the mother has been charged by the police, then “it seems reason-
able that it is she who has killed her child, rather than some unnamed
category of person. This is so because the police . . . charge people
because they have committed offences” (Francis and Hester 2004:
42). Sacks provides a formal way of linking police and offender, and
charging and offending.Thus, in the making sense of any description,
we make use of the principle of “co-selection”:
Speakers and hearers, then, assume that words are consistently co-
selected (something postmodernists do not appear to have grasped;
see Part IV of this book). This means that it is taken for granted
that words are not chosen randomly or incoherently, but instead are
selected because they cohere and are consistent with each other.They
are designed to “go together” as selections which inform or mutu-
ally elaborate the meaning of each other. In terms of the consistency
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28
Exploring the Variety of Random
Documents with Different Content
Käytävä, jota myöten juoksin, vei jokseenkin suoraan melkoisen
matkan, päättyen kiertoportaiden juurelle. Riensin niitä pitkin
ylöspäin ja olin pian tornin ensimmäisessä kerroksessa olevassa
pyöreässä huoneessa.
Ja nyt oli täällä myöskin Heliumin prinssi John Carter, joka tarvitsi
sekä aseita että sotilaita!
Eräs vartijoista syöksähti minua kohti. "Kuka olet?" hän kiljui. "Mitä
asiaa sinulla on tänne?"
Magneettivipu
Sitten alkoi heistä toinen huutaa apua, mutta se oli liian myöhäistä
heidän pelastumisekseen.
"Nosta sitä vähän, niin että haka pääsee irti!" huusi eräs toinen
punainen vanki.
Vihdoin, kun vangeista kaikki muut paitsi yksi oli saatu irti, ovi
kovasti rysähtäen murtui kiireesti kyhätyn muurinsärkijän
sysäyksestä, ja keltaihoinen lauma tulvahti kimppuumme.
Parhaaseen aikaan?
Toiveeni niin ollen täyttyisi, sillä saisin vielä kerran nähdä vanhan
ystäväni taistelevan. Ja myöskin minä taistelisin, vaikkakaan en olka
olassa hänen kanssaan, saman asian puolesta täällä Okarin
korkeassa tornissa.
Kammion lattian keskellä oli pitkä pöytä, jonka ääressä istui pieni,
mulkosilmäinen vanhus laskien rahojaan. Mutta kaikkein selvimmin
näin seinään kiinnitetyn ison vivun, jonka kädensijan mustaan
pintaan oli upotettu pieni magneetti.
Ratkaisu
Palkinto
Kuinka olinkaan voinut olla niin varomaton, vaikka olin nähnyt nuo
ilkeät kasvot? Kuinka olinkaan voinut sallia nopeasti vaihtuvan
tilanteen haihduttaa niin uhkaavan vaaran mielestäni? Mutta voi!
Turha valittelu ei voisi poistaa kohdannutta onnettomuutta.
Phaidorin iloisuus taas johtui siitä, että hän tiesi, kuinka kipeästi
tämä viimeinen karvas isku koskisi minuun, ja että hänen
mustasukkainen vihansa Heliumin prinsessaa kohtaan oli tullut
osittain tyydytetyksi.
Minusta oli heti ilmeistä, että Thurid oli paennut juuri sitä tietä, ja
jos olisinkin sitä epäillyt, niin epäilykseni olisivat haihtuneet, kun näin
pienen jalokivikoristeen, joka oli muutamien askelien päässä ovelta
käytävän lattialla.