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This book is dedicated to my beautiful wife,
Ellen “Willow” Szirandi Schmalleger, my true companion,
whose wonderful, happy, and free spirit
is a gift to all who know her.
x CONTENTS

Support Services 171


Managing Police Departments 172
Police Organization and Structure 172
Chain of Command 172
Policing Styles 172
The Watchman Style of Policing 174
The Legalistic Style of Policing 175
The Service Style of Policing 175
Police–Community Relations 175
FREEDOM OR SAFETY? YOU DECIDE Police Body-Worn Cameras: The Good and the Bad 176
Terrorism’s Impact on Policing 180
■ CJ | EXHIBIT 6–1 The President’s Task Force on 21st Century Policing 181
Intelligence-Led Policing and Antiterrorism 182
Information Sharing and Antiterrorism 183
Fusion Centers 184
■ CJ | CAREERS Police Officer 185
The National Criminal Intelligence Sharing Plan 185
Ethnic and Gender Diversity in Policing 185
Women as Effective Police Officers 187
■ CJ | ISSUES Trust and Diversity in Law Enforcement 187
Summary 189
Key Terms 189
Questions for Review 189
Questions for Reflection 190
Notes 190

Chapter 7 | Policing: Legal Aspects 194


Introduction 195
The Abuse of Police Power 195
A Changing Legal Climate 196
Individual Rights 197
Due Process Requirements 197
Search and Seizure 198
The Exclusionary Rule 198
FREEDOM OR SAFETY? YOU DECIDE Liberty Is a Double-Edged Sword 200
Judicial Philosophy and the U.S. Supreme Court 202
■ CJ | ISSUES Plain-View Requirements 206
Detention and Arrest 209
Searches Incident to Arrest 210
Emergency Searches of Persons 213
Vehicle Searches 213
CONTENTS xi

■ CJ | NEWS Supreme Court Says Police Need Warrants before Searching Cell Phones 214
■ CJ | CAREERS School Resource Officer (SRO) 217
Suspicionless Searches 217
High-Technology Searches 218
The Intelligence Function 219
Informants 219
Police Interrogation 220
The Right to a Lawyer at Interrogation 222
Suspect Rights: The Miranda Decision 223
■ CJ | ISSUES The Miranda Warnings 225
Gathering Special Kinds of Nontestimonial Evidence 228
FREEDOM OR SAFETY? YOU DECIDE Policing in the Age of Social Media 229
Electronic Eavesdropping 230
■ CJ | NEWS Supreme Court Says Police Need Warrant for GPS Tracking 231
■ CJ | ISSUES The USA PATRIOT Act of 2001 and the USA Freedom Act of 2015 233
Summary 235
Key Terms 236
Key Cases 236
Questions for Review 236
Questions for Reflection 236
Notes 236

Chapter 8 | Policing: Issues and Challenges 240


Introduction 241
Police Personality and Culture 241
■ CJ | ISSUES Rightful Policing 243
Corruption and Integrity 244
Money—The Root of Police Evil? 246
Building Police Integrity 246
Drug Testing of Police Employees 248
Professionalism and Ethics 249
ETHICS AND PROFESSIONALISM The Law Enforcement Code of Ethics 249
Education and Training 250
ETHICS AND PROFESSIONALISM The FBI Oath 250
Recruitment and Selection 252
The Dangers of Police Work 253
Violence in the Line of Duty 253
Risk of Disease, Drug Exposure, and Infected Evidence 254
Stress and Fatigue among Police Officers 255
FREEDOM OR SAFETY? YOU DECIDE Religion and Public Safety 257
Police Use of Force 258
xii CONTENTS

Deadly Force 260


■ CJ | EXHIBIT 8–1 Taking Policing to a Higher Standard 261
Less-Lethal Weapons 263
■ CJ | ISSUES California’s Proposed Lethal Force Standard 263
■ CJ | ISSUES The President’s Task Force on 21st Century Policing, Part 2 264
Discretion and the Individual Officer 265
Racial Profiling and Biased Policing 265
■ CJ | NEWS Is the Video Recording of Police Activity in a Public Place Legal? 266
FREEDOM OR SAFETY? YOU DECIDE Was the NYPD’s Monitoring of Muslim Groups a Form of Religious Profiling? 269
Racially Biased Policing 270
Police Civil Liability 270
Common Sources of Civil Suits 271
Federal Lawsuits 272
FREEDOM OR SAFETY? YOU DECIDE Law Enforcement and Data Encryption 273
Summary 276
Key Terms 277
Key Cases 277
Questions for Review 277
Questions for Reflection 277
Notes 277

PART THREE ■ Adjudication 281


Chapter 9 | The Courts: Structure and Participants 282
Introduction 283
History and Structure of the American Court System 283
The State Court System 284
The Development of State Courts 284
State Court Systems Today 285
The Federal Court System 289
U.S. District Courts 289
U.S. Courts of Appeals 290
The U.S. Supreme Court 291
The Courtroom Work Group 293
The Judge 294
The Prosecuting Attorney 296
■ CJ | CAREERS Assistant District Attorney 297
The Defense Counsel 299
■ CJ | ISSUES Gideon v. Wainwright and Indigent Defense 302
CONTENTS xiii

The Bailiff 304


Trial Court Administrators 304
ETHICS AND PROFESSIONALISM American Bar Association’s Model Rules of Professional Conduct 305
The Court Reporter 305
The Clerk of Court 306
Expert Witnesses 306
■ CJ | NEWS DNA Sampling Solves Some of the Toughest Cases 307
Outsiders: Nonprofessional Courtroom Participants 308
Lay Witnesses 308
Jurors 309
The Victim 310
The Defendant 311
Spectators and the Press 311
Summary 312
Key Terms 313
Key Cases 313
Questions for Review 313
Questions for Reflection 313
Notes 313

Chapter 10 | Pretrial Activities and the Criminal Trial 317


Introduction 318
Pretrial Activities 318
The First Appearance 318
■ CJ | CAREERS Surety Agent 321
The Grand Jury 324
The Preliminary Hearing 325
Arraignment and Plea 326
Plea Bargaining 326
■ CJ | ISSUES Nonjudicial Pretrial Release Decisions 327
The Criminal Trial 328
Nature and Purpose of the Criminal Trial 328
Stages in a Criminal Trial 329
Trial Initiation: The Speedy Trial Act 329
Jury Selection 331
Opening Statements 334
The Presentation of Evidence 334
■ CJ | ISSUES Pretrial and Post-Trial Motions 338
Closing Arguments 339
The Judge’s Charge to the Jury 340
Jury Deliberations and the Verdict 340
■ CJ | NEWS Social Media Pose New Threats to Keeping Jurors Isolated during Trials 341
xiv CONTENTS

Improving the Adjudication Process 342


■ CJ | ISSUES Courtrooms of the Future 343
■ CJ | ISSUES The Bilingual Courtroom 344
Summary 345
Key Terms 345
Key Cases 345
Questions for Review 345
Questions for Reflection 345
Notes 346

Chapter 11 | Sentencing 348


Introduction 349
The Philosophy and Goals of Criminal Sentencing 349
Retribution 350
Incapacitation 350
Deterrence 351
Rehabilitation 351
Restoration 351
Indeterminate Sentencing 353
Explanation of Indeterminate Sentencing 353
Critiques of Indeterminate Sentencing 353
Structured Sentencing 354
■ CJ | ISSUES Aggravating and Mitigating Circumstances 356
Federal Sentencing Guidelines 356
The Legal Environment of Structured Sentencing 358
Three-Strikes Laws 360
Mandatory Sentencing 360
Sentencing and Today’s Prison Crisis 362
■ CJ | CAREERS Medicolegal Death Investigator 363
Innovations in Sentencing 364
Justice Reinvestment 365
■ CJ | ISSUES Justice Reinvestment 366
The Presentence Investigation 366
The Victim—Forgotten No Longer 367
Victims’ Rights 368
■ CJ | ISSUES Victims’ Rights in California 369
Victim-Impact Statements 370
Traditional Sentencing Options 370
Sentencing Rationales 371
Sentencing Practices 371
CONTENTS xv

Fines 373
Death: The Ultimate Sanction 373
Habeas Corpus Review 375
FREEDOM OR SAFETY? YOU DECIDE What Are the Limits of Genetic Privacy? 377
Opposition to Capital Punishment 378
■ CJ | NEWS High Costs Lead to Reconsideration of Death Penalty 383
Justifications for Capital Punishment 384
The Courts and the Death Penalty 385
The Future of the Death Penalty 388
■ CJ | NEWS Death-Row Exonerations Based on DNA Expose Flaws in Legal System 388
Summary 389
Key Terms 390
Key Cases 390
Questions for Review 390
Questions for Reflection 390
Notes 391

PART FOUR ■ Corrections 397


Chapter 12 | Probation, Parole, and Reentry 398
Introduction 399
What Is Probation? 399
The Extent of Probation 400
Probation Conditions 400
Federal Probation 401
FREEDOM OR SAFETY? YOU DECIDE Special Conditions of Probation 402
What Is Parole? 402
The Extent of Parole 403
Parole Conditions 404
■ CJ | ISSUES Culturally Skilled Probation Officers 404
Federal Parole 405
Probation and Parole: The Pluses and Minuses 406
Advantages of Probation and Parole 406
Disadvantages of Probation and Parole 406
The Legal Environment 407
The Job of Probation and Parole Officers 409
The Challenges of the Job 409
Intermediate Sanctions 411
■ CJ | CAREERS Probation Officer 411
Split Sentencing 412
xvi CONTENTS

Shock Probation and Shock Parole 412


Shock Incarceration 413
Mixed Sentencing and Community Service 413
Intensive Supervision of Probationers and Parolees 414
ETHICS AND PROFESSIONALISM American Probation and Parole Association Code of Ethics 414
Home Confinement and Remote Location Monitoring 415
■ CJ | NEWS How GPS Technology Keeps Track of Sex Offenders 417
The Future of Probation and Parole 418
Changes in Reentry Policies 419
■ CJ | ISSUES Remote Reporting Probation 422
The Reinvention of Probation and Evidence-Based Practices 422
Summary 423
Key Terms 424
Key Cases 424
Questions for Review 424
Questions for Reflection 424
Notes 424

Chapter 13 | Prisons and Jails 428


Introduction 429
Early Punishments 429
Flogging 430
Mutilation 430
Branding 430
Public Humiliation 430
Workhouses 431
Exile 431
The Emergence of Prisons 432
The Penitentiary Era (1790–1825) 432
The Mass Prison Era (1825–1876) 434
The Reformatory Era (1876–1890) 434
■ CJ | ISSUES Chaplain James Finley’s Letter from the Ohio Penitentiary, 1850 435
■ CJ | ISSUES An Early Texas Prison 436
The Industrial Era (1890–1935) 436
The Punitive Era (1935–1945) 439
The Treatment Era (1945–1967) 439
The Community-Based Era (1967–1980) 440
The Warehousing Era (1980–1995) 441
The Just Deserts Era (1995–2012) 443
The Evidence-Based Era (2012–Present) 444
■ CJ | ISSUES Evidence-Based Corrections 444
CONTENTS xvii

Prisons Today 445


Overcrowding 446
■ CJ | ISSUES Who’s in Prison and Why? 447
Security Levels 449
Prison Classification Systems 450
The Federal Prison System 451
■ CJ | ISSUES The Charles Colson Task Force on Federal Corrections 455
Recent Improvements 456
Jails 457
Women and Jail 458
The Growth of Jails 458
FREEDOM OR SAFETY? YOU DECIDE To What Degree Should the Personal Values of Workers in the Criminal Justice System
Influence Job Performance? 459
Direct-Supervision Jails 460
Jails and the Future 460
Private Prisons 462
ETHICS AND PROFESSIONALISM American Jail Association Code of Ethics for Jail Officers 462
■ CJ | ISSUES Arguments for and against the Privatization of Prisons 463
Summary 465
Key Terms 465
Key Names 465
Questions for Review 465
Questions for Reflection 466
Notes 466

Chapter 14 | Prison Life 470


Introduction 471
Research on Prison Life—Total Institutions 471
The Male Inmate’s World 472
The Evolution of Prison Subcultures 473
The Functions of Prison Subcultures 474
Prison Lifestyles and Inmate Types 474
■ CJ | EXHIBIT 14-1 Prison Argot: The Language of Confinement 475
Homosexuality and Sexual Victimization in Prison 477
The Female Inmate’s World 478
Parents in Prison 480
Gender Responsiveness 481
Institutions for Women 481
■ CJ | ISSUES The Bangkok Rules on the Treatment of Female Prisoners 482
Social Structure in Women’s Prisons 483
xviii CONTENTS

Types of Female Inmates 483


Violence in Women’s Prisons 484
The Staff World 484
The Professionalization of Corrections Officers 485
Security Threat Groups and Prison Riots 486
ETHICS AND PROFESSIONALISM American Correctional Association Code of Ethics 487
Prisoners’ Rights 488
The Legal Basis of Prisoners’ Rights 490
Grievance Procedures 491
A Return to the Hands-Off Doctrine? 495
FREEDOM OR SAFETY? YOU DECIDE Should Prison Libraries Limit Access to Potentially Inflammatory Literature? 496
Issues Facing Prisons Today 498
Geriatric Offenders 498
Mentally Ill and Intellectually Disabled Inmates 500
Terrorism and Corrections 501
■ CJ | ISSUES Technocorrections 502
■ CJ | NEWS Radical Islam, Terrorism, and U.S. Prisons 503
FREEDOM OR SAFETY? YOU DECIDE Censoring Prison Communications 504
Summary 504
Key Terms 505
Key Cases 505
Questions for Review 505
Questions for Reflection 505
Notes 505

PART FIVE ■ Special Issues 509


Chapter 15 | Juvenile Justice 510
Introduction 511
Juvenile Justice throughout History 512
Earliest Times 512
The Juvenile Court Era 513
Categories of Children in the Juvenile Justice System 515
■ CJ | NEWS Schools Take Bullying Seriously 516
The Legal Environment 516
Legislation concerning Juveniles and Justice 518
The Legal Rights of Juveniles 519
The Juvenile Justice Process Today 520
■ CJ | ISSUES The Juvenile Justice System versus Criminal Case Processing 521
Adult and Juvenile Justice Compared 521
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CONTENTS xix

How the System Works 522


Intake and Detention Hearings 522
Adjudication 525
Disposition 525
■ CJ | ISSUES Juvenile Courts versus Adult Courts 527
■ CJ | NEWS Justice-Involved Girls 529
■ CJ |CAREER PROFILE Juvenile Justice Professional 530
Postadjudicatory Review 531
Trends in Juvenile Justice 531
■ CJ | ISSUES Evidence-Based Juvenile Justice 533
Summary 535
Key Terms 536
Key Cases 536
Questions for Review 536
Questions for Reflection 536
Notes 536

Chapter 16 | Drugs and Crime 538


Introduction 539
Drugs and Drug Abuse 539
Drug Crime 540
What Is a Drug? 540
A History of Drug Abuse in America 542
Drug Use and Social Awareness 543
Antidrug Legislation 544
The Investigation of Drug Abuse and Manufacturing 549
The Most Common Drugs—And Who Is Using Them 550
Drug Trafficking 551
Marijuana 551
■ CJ | ISSUES Drugs: What’s in a Name? 552
Cocaine 553
Heroin 553
Methamphetamine 554
Club Drugs 555
■ CJ | NEWS “Bath Salts” Drugs: Very Potent, Hard to Target 556
The Costs of Abuse 557
The Indirect Costs of Abuse 558
Drug-Related Crime 558
Solving the Drug Problem 560
Strict Law Enforcement 561
Asset Forfeiture 561
xx CONTENTS

Interdiction 563
Crop Control 563
Prevention and Treatment 564
Summary 568
Key Terms 569
Key Cases 569
Questions for Review 569
Questions for Reflection 569
Notes 569

Chapter 17 | Terrorism, Multinational Criminal Justice, and Global Issues 573


Introduction 574
Ethnocentrism and the Study of Criminal Justice 574
Problems with Data 575
Islamic Criminal Justice 576
The Hudud Crimes 577
The Tazir Crimes 579
Islamic Courts 579
International Criminal Justice Organizations 579
The Role of the United Nations in Criminal Justice 580
Interpol and Europol 581
The International Criminal Court 583
Globalization and Crime 584
Transnational Organized Crime 585
Human Smuggling and Trafficking 586
Terrorism 588
■ CJ | ISSUES Lone-Wolf Terrorism and the Radicalization Process 589
Types of Terrorism 590
■ CJ | ISSUES What Is Terrorist Activity? 591
Causes of Terrorism 595
Combating Terrorism 595
■ CJ | ISSUES The USA PATRIOT Act of 2001 (as Amended and Reauthorized) 597
Foreign Terrorist Organizations 600
The Future of International Terrorism 603
Summary 603
Key Terms 604
Questions for Review 604
Questions for Reflection 604
Notes 605
CONTENTS xxi

Chapter 18 | High-Technology Crimes 608


Introduction 609
Technology and Crime 609
Biocrime 610
Cybercrime 611
Terrorism and Technology 615
Technology and Crime Control 615
Leading Technological Organizations in Criminal Justice 617
Criminalistics: Past, Present, and Future 618
New Technologies in Criminalistics 620
■ CJ | NEWS Microbial Communities on Skin Leave Unique Traces at Crime Scenes 621
On the Horizon 627
The Future of Criminal Justice 630
Summary 631
Key Terms 631
Key Cases 632
Questions for Review 632
Questions for Reflection 632
Notes 632

List of Acronyms 636


Glossary 639
Case Index 663
Name Index 667
Subject Index 675
New to This Edition
Chapter-Specific Changes Chapter 6: Policing: Purpose
Chapter 1: What Is Criminal Justice? and Organization
●● A new key term, “procedural justice,” has been added to ●● A discussion of LEEP, the online gateway that provides
the chapter. law enforcement agencies and other criminal justice
●● The discussion of “new era” crime has been expanded. ­entities with access to a wealth of beneficial resources has
●● Mention is now made of the criminal proceedings against been added.
Bill Cosby. ●● A new key term, “fusion center,” has been added.
●● The chapter’s statistics have been updated.
●● Two new key terms, “evidence-based,” and “evidence- Chapter 7: Policing: Legal Aspects
based practice (EBP),” have been added to the chapter. ●● Two new key terms, “warrantless search,” and “investiga-
tive detention,” have been added to the chapter.
Chapter 2: The Crime Picture ●● The U.S. Supreme Court’s distinction between three
●● A new key term, “unreported crime,” has been added to types of Fourth Amendment police-citizen ­interaction
the chapter. has been added: (1) consensual encounters, (2) ­detentions,
●● Updated crime statistics are found throughout the and (3) arrest.
chapter. ●● The U.S. Supreme Court case of Carpenter v. U.S.,
●● The discussion of underreported and unreported crime involving police access to cell phone records, is now
has been expanded. discussed.
●● An enhanced discussion of NIBRS is now part of the ●● A new U.S. Supreme Court case dealing with rental
chapter. ­vehicles is now discussed. A graphic showing state wire-
●● A brief discussion of the Parkland High School shooting tap authorizations is a part of the discussion.
in Florida has been added.
Chapter 8: Policing: Issues
Chapter 3: The Search for Causes and Challenges
●● Discussion of rappers Jimmy Wopo and XXXTentacion
●● Police subculture is now shown to be equivalent to p­ olice
have been added to the chapter, along with expanded occupational culture, and the discussion of police subcul-
coverage of Suge Night’s legal difficulties. ture has been expanded.
●● A new key term, “neuroscience,” has been added to the
●● The story is told about corruption among members of
chapter and defined. the Baltimore Police Department’s Gun Trace Task Force
(GTTF).
Police training standards have been updated.
Chapter 4: Criminal Law
●●

●● The 2018 Law Enforcement Mental Health and Wellness


●● Information on the insanity defense has been updated. Act is now described.
●● In the list of types and levels of crimes, the word “infrac- ●● A 2018 article published in the American Journal of Preventive
tion” has replaced “offense.” Medicine that found that members of the ­police profession
are more likely to sustain nonfatal work-related injuries
Chapter 5: Policing: History than members of any other occupation is now discussed.
The proper handling of fentanyl at crime scenes is
and Structure ●●

discussed.
●● The boxed lists of police and private security agencies has ●● Statistics and line art have been updated throughout the
been updated. chapter.

xxii
NEW TO THIS EDITION xxiii

●● The 2017 Supreme Court case of White v. Pauly, in which ●● The concept of a term of supervised release (TSR) is
the Court established that “Qualified immunity attaches more clearly defined.
when an official’s conduct does not violate clearly estab- ●● Bill Cosby’s use of an ankle bracelet while awaiting the
lished statutory or constitutional rights of which a rea- conclusion of his trial is discussed.
sonable person would have known,” has been added. ●● Efforts made by the federal government to strengthen
BOP reentry efforts are discussed.
Chapter 9: The Courts: Structure ●● The 2018 federal First Step Act is discussed, as is the
­federal Second Chance Act.
and Participants
A discussion of the trial of drug lord “El Chapo” Guzman
●●
Chapter 13: Prisons and Jails
is now a part of the chapter.
●● A new figure, Figure 13-4, “Prison and Jail Populations
in the United States,” has been added.
Chapter 10: Pretrial Activities and ●● Statistics have been updated throughout the chapter.
the Criminal Trial ●● The term “new generation jail” has been changed to

●● The bail reform movement that is currently underway in “­direct-supervision jails.”


the U.S. is discussed.
●● The discussion of recidivism has been expanded and Chapter 14: Prison Life
clarified.
●● The list of terms known as “inmate argot” has been up-
dated and revised.
Chapter 11: Sentencing ●● The data on prison sexual victimization has been up-
●● A new section, “Explanation of Indeterminate Senten­ dated, as has the discussion.
cing,” has been added. ●● The discussion of prison libraries has been updated to in-
●● Details of a new report from the National Council on clude digital materials.
Crime and Delinquency (NCCD) have been added.
●● Proposed federal laws that would reduce sentences for

many inmates are discussed.


Chapter 15: Juvenile Justice
●● The concept of justice reinvestment has been moved to ●● The U.S. Supreme Court’s consideration of findings from
this chapter. the field of neuroscience is discussed in greater detail
●● Discussion of the death penalty has been updated to than before.
include a 2019 U.S. Supreme Court case that better
­ ●● The term “justice-involved youth” is introduced and
­defined the concept of intellectual disability. defined.
●● The idea of sentencing as a risk management strategy is ●● The change in juvenile court jurisdiction by age that has
discussed. taken place in various states is described.
●● The federal 2017 Rapid DNA Act is discussed. ●● A map of juvenile confinement facilities throughout the
●● Two new key terms, “wrongful conviction” and “exon- country has been added to the chapter.
eration,” have been added and are discussed. ●● A discussion of commercial sexual exploitation of children
has been added.
Chapter 12: Probation, Parole,
and Reentry Chapter 16: Drugs and Crime
●● A discussion of Meek Mill, born Robert Rihmeek ●● Discussion of the 2017 report of the President’s
Williams, has been added. Mill is the Philadelphia hip- Commission on Combating Drug Addiction and the
hop recording artist who became the focal point of a jus- Opioid Crisis, has been added to the chapter.
tice reform movement that began in Philadelphia.
xxiv NEW TO THIS EDITION

●● Familial DNA searching (FDS), a scientific technique ●● A revised organizational chart of the Department of
used in criminal investigations to identify a suspect by Homeland Security replaces the old one.
comparing the suspect’s DNA to the DNA of members
of the suspect’s biological family, is a new concept that Chapter 18: High-Technology Crimes
has been added to the chapter.
●● The chapter now begins with the NYPD’s ground-
breaking use of drones to patrol the skies above New
Chapter 17: Terrorism, Multinational Year’s revelers in the city’s Times Square.
Federal laws relevant to human cloning and gene editing
Criminal Justice, and Global ●●

are discussed.
Issues ●● A graphic illustration explaining how DNA phenotyping
●● A new chapter-opening story replaces the old one. can be used to construct the physical appearance of an
●● Revised minimum rules for the treatment of prisoners, unknown individual from strands of their DNA has been
known as the “Nelson Mandela Rules” are discussed. added to the chapter.
●● The cybercriminal Infraud organization is described. ●● The application of the concept known as “familial DNA
●● The 2018 National Cyber Strategy developed by the searching” is explained.
White House is discussed.
Preface
Many students are attracted to the study of criminal justice because
it provides a focus for the tension that exists within our ­society
Key Features Include
between individual rights and freedoms, on the one hand, and the Freedom OR safety? YOU decide boxes in each chapter high-
need for public safety, security, and order, on the other. Recently, light the book’s ever-evolving theme of individual rights versus
twenty-first-century technology in the form of social media, public order, a hallmark feature of this text since the first edition.
smartphones, and personal online videos, has combined with In each chapter of the text, Freedom or Safety boxes build on
perceived injustices in the day-to-day ­operations of the criminal this theme by illustrating some of the personal rights issues that
justice system, culminating in an ­explosion of demands for justice challenge policymakers today. Each box includes critical-thinking
for citizens of all races and socioeconomic status—­especially those questions that ask readers to ponder whether and how the criminal
whose encounters with agents of law enforcement turn violent. justice system balances individual rights and public safety.
A social movement that began with the shooting of an unarmed
black teenager in Ferguson, Missouri, in 2014, has developed into
a widespread initiative that demands justice for all. freedom OR safety? YOU decide
Clarence Thomas Says: “Freedom Means Responsibility”
The tension between individual rights and public order is In 2009, U.S. Supreme Court Justice Clarence Thomas crime problem then facing his city and the nation. We mistak-
spoke to a group of high school essay contest winners in a enly look to government and elected officials, Giuliani said, to
the theme around which all editions of this textbook have been Washington, DC, hotel ballroom. Thomas used the occasion,
which was dedicated to our nation’s Bill of Rights, to point
assume responsibility for solving the problem of crime when,
instead, each individual citizen must become accountable

built. That same theme is even more compelling today because out the importance of obligations as well as rights. “Today
there is much focus on our rights,” said Thomas. “Indeed, I
think there is a proliferation of rights.” But then he went on to
for fixing what is wrong with our society. “We only see the op-
pressive side of authority . . . . What we don’t see is that free-
dom is not a concept in which people can do anything they

of the important question we have all been asking in recent say, “I am often surprised by the virtual nobility that seems
to be accorded those with grievances. Shouldn’t there at
want, be anything they can be. Freedom is about authority.
Freedom is about the willingness of every single human being
least be equal time for our Bill of Obligations and our Bill of to cede to lawful authority a great deal of discretion about

years: How much personal freedom are we willing to sacrifice to Responsibilities?”


Today, the challenge for the criminal justice system, it
what you do.”

achieve a solid sense of individual and group security? seems, is to balance individual rights and personal freedoms
with social control and respect for legitimate authority. Years
ago, during the height of what was then a powerful move-
You Decide
How can we, as Justice Thomas suggests, achieve a bal-

Although there are no easy answers to this question, this text- ment to win back control of our nation’s cities and to rein in
skyrocketing crime rates, the New York Post sponsored a con-
ance of rights and obligations in American society? What
did Giuliani mean when he said, “What we don’t see is that
ference on crime and civil rights. The keynote speaker at that freedom is not a concept in which people can do anything

book guides criminal justice students in the struggle to find a sat- conference was New York City’s mayor, Rudolph W. Giuliani.
In his speech, Giuliani identified the tension between personal
they want, be anything they can be”? Is it possible to balance
individual rights and personal freedoms with social control and

isfying balance between freedom and security. True to its origins,


freedoms and individual responsibilities as the crux of the respect for legitimate authority?

References: Adam Liptak, “Reticent Justice Opens Up to a Group of Students,” New York Times, April 13, 2009, http://www.nytimes.com/2009/04/14/us/14bar.html (accessed

the 16th edition focuses on the crime picture in America and on October 2, 2018); and Philip Taylor, “Civil Libertarians: Giuliani’s Efforts Threaten First Amendment,” Freedom Forum Online, http://www.freedomforum.org.

the three traditional elements of the criminal justice system: police,


courts, and corrections. This edition has been enhanced with ad- CJ Careers boxes outline the characteristics of a variety of
ditional “Freedom or Safety” boxes, which time and again question criminal justice careers in a Q&A format, to introduce today’s
the viability of our freedoms in a world that has grown ever more pragmatic students to an assortment of potential career options
dangerous. This edition also asks students to evaluate the strengths and assist them in making appropriate career choices.
and weaknesses of the American justice system as it struggles to adapt
to an increasingly multicultural society and to a society in which the
CJ | CAREERS
rights of a few can threaten the safety of many—especially in the Police Officer
modern context of a War Against Terrorism. Name. Narcotics Agent Christian What qualities/characteristics are most helpful for this job? Common
Tomas sense, honesty, integrity, confidence, self-discipline, dedication,
It is my hope that this text will ground students in the im- Position. QRT Agent (Quick
Response Team/Narcotics) City
humility, composure, physical and mental toughness, tactical
awareness and the ability to work with minimal, to no, supervision.

portant issues that continue to evolve from the tension between of West Palm Beach, Florida
Colleges attended. Palm Beach
What is a typical starting salary? The West Palm Beach Police
Department starting salary is $49,935 annually, with excellent
State College benefits.
the struggle for justice and the need for safety. For it is on that
Frank Schmalleger

Majors. Psychology What is the salary potential as you move up into higher-level jobs?
Year hired. 2007 An officer reaching PFC (Patrolman first Class) and MPO (Master
bedrock that the American system of criminal justice stands, and Please give a brief description of
your job. As a narcotics agent, my
Patrol Officer) will receive a 2 and 1/2% raise for each level at-
tained. Promotion in rank produces significant raises over time.

it is on that foundation that the future of the justice system— Christian Tomas
co-workers and I target street-
level drug dealers and other
What advice would you give someone in college beginning studies in
criminal justice? This isn’t a job for someone expecting to win
quality-of-life issues, to include all of the battles. You try as hard as you can, but you have to be
and of this country—will be built. prostitution as well as other illegal business practices. We use our
own initiative to begin investigations throughout the city. We buy
prepared for some disappointments when a case doesn’t go the
way you wanted it to. Get your degree, as it will help you get

FRANK SCHMALLEGER, PH.D.


narcotics in an undercover capacity and work with the S.W.A.T. promoted. When choosing a department, make sure that it’s the
team by writing search warrants for them to execute. kind of department that you are looking for. I came to West Palm
What is a typical day like? A typical day involves doing research and Beach for the experience and to be busy; I wanted to be chal-

Distinguished Professor Emeritus, identifying a target. Once an investigation is complete, we move


on to another. Some days are spent primarily on surveillance;
lenged and to do as much as I possibly could. Policing is a very
rewarding career if you have the motivation and determination
while on others, we are directly involved with drug dealers. to succeed.
The University of North Carolina at Pembroke

xxv
xxvi P R E FA C E

CJ News boxes in each chapter present case stories from CJ Issues boxes throughout the text showcase selected is-
the media to bring a true-to-life dimension to the study of sues in the field of criminal justice, including topics related to
criminal justice and allow insight into the everyday workings of multiculturalism, diversity, and technology.
the justice system.

CJ | NEWS CJ | ISSUES
Rightful Policing
Evidence of “Warrior Gene” May Help Explain Violence
In the wake of a heated national debate about racially biased police prac-
mistreatment in childhood. The link has only been identified in men, leav- tices, the Program in Criminal Justice Policy and Management at Harvard
University’s Kennedy School released a report on what it called “rightful
ing women seemingly immune from the effects of this genetic anomaly.
policing.” The report’s author, Tracey L. Meares, noted that success in
The media nicknamed MAOA-L the “warrior gene” after it was
police work has traditionally been measured in two ways: (1) the extent
identified as highly prevalent in a constantly warring Maori tribe. Another
to which the police are successful at fighting crime; and (2) the degree to

Guy Corbishley/Alamy Stock Photo


study found that boys with an MAOA variation were more likely to join which police agencies and their officers adhere to the law.
gangs and become some of the most violent members. Researchers now Effectiveness at crime fighting has long been used to judge the suc-
know that MAOA-L may alter the very structure of the brain. Using cess of police activities at all levels. Around the turn of the twenty-first
structural magnetic resonance imaging (MRI) scanning, a 2006 study century, for example, police administrators—along with politicians—
found that men with the gene variant were much more likely to have took credit for declining crime rates, and “success stories” featuring city
abnormalities in an area of the brain associated with behavior than were and local police departments were frequently heard.
other men. Functional MRI scanning then showed that these men had The second criteria by which the police have often been judged,
difficulty inhibiting strong emotional impulses. Lawyers for violent de- fidelity to the law, rests on the notion that law enforcement officers must
fendants have latched on to the growing science. In the 2009 murder trial respect legal strictures as much as anyone else. It means that authorities
of Bradley Waldroup, who was convicted of chopping up his wife with a should be held accountable when they violate the rights guaranteed
to suspects under the Constitution and by law—including statutes that Demonstrators protesting grand jury decisions in Missouri and
machete (she survived) and shooting her female friend to death, lawyers
authorize police action and the internal administrative rules and regula- New York that exonerated police officers in the deaths of
were able to demonstrate that Waldroup had the MAOA gene variant. unarmed black men. What is “rightful policing?”
tions that agencies develop to help ensure the lawful treatment of any-
ag visuell/Fotolia

Although the jury convicted him of murder and of attempted murder,


one who comes into contact with the police.
its members concluded that his actions weren’t premeditated due to the As the Harvard study notes, these two traditional criteria of police
influence that his genes had on him—sparing him the death penalty. Also effectiveness can be objectively evaluated. Measures of declining crime
in 2009, an Italian appeals court cut the sentence of a convicted murderer People typically care much more about how law enforcement
rates, for example, would appear to indicate the success of police work.
by one year on the grounds that he, too, had the MAOA-L gene. agents treat them than about the outcome of the contact. Even
Likewise, the relative lack of civil lawsuits brought against departments,
Judges are warming up to genetic defenses. In a 2012 study in when people receive a negative outcome in an encounter, such as
An artist’s representation of human DNA. Biosocial criminology and success at making arrests that “stick” are common indicators of ef-
a speeding ticket, they feel better about that incident than about
tells us that genes may harbor certain behavioral predispositions,
Science, when trial judges were given the MAOA variant as evidence in fective police work.
an incident in which they do not receive a ticket but are treated
but that it is the interaction between genes and the environment mock trials, they tended to reduce sentences by one year in comparison to Nonetheless, recent widespread dissatisfaction with a number of
poorly. In addition to being treated with dignity and respect, re-
that produces behavior. What forms might such interaction take? cases with no such evidence. Critics, however, argue that these defendants grand jury decisions to exonerate police officers involved in the death
search demonstrates that people look for behavioral signals that
should be behind bars longer. Because their trait is baked into their DNA, of unarmed black suspects in a number of jurisdictions serve to show
allow them to assess whether a police officer’s decision to stop or
As scientists studied the DNA of the mass shooter at the elementary such people say, they are likely to commit violence again. “Trying to ab- that a third way of assessing police effectiveness may be more impor-
arrest them was made fairly—that is, accurately and without bias.
solve people of responsibility by attributing their behavior to their genes tant today than any other. Cases such as those in Ferguson, Missouri,
school in Newtown, Connecticut, some experts hoped that it would These two factors—quality of treatment and indications of high-
or environment is not new,” wrote Ronald Bailey, author of the book Charleston, South Carolina, and Staten Island, New York, outraged
lead to discovery of a gene that identifies violent criminals and helps quality decision-making—matter much more to people than the
many people who thought that the lives of the suspects could have
prevent future killings. But the old adage, “be careful of what you wish Liberation Biology. He urged courts to take a tough stance against defen- outcome of the encounter.
been spared had the officers chosen to act differently. The fact that the
for” may be relevant to such efforts. If a genetic link to violence were dants with a genetic predilection to violence: “Knowing that you will be
officers who were involved in two of those incidents were not indicted The study also notes that people report higher levels of satisfac-
firmly identified, could it be used to falsely stigmatize people who held responsible for criminal acts helps inhibit antisocial impulses that we meant that their actions had met strict legal requirements, but the lack tion with police encounters if they feel that they had the opportunity
haven’t committed any crime at all? Or could such a link help con- all feel from time to time.” Also, scientists want their findings to be taken of indictments brought about nationwide protests over what was seen as to explain their situation than if they did not; and people say that they
victed criminals get reduced sentences? with a grain of salt in the courts, arguing that science and the law have dif- the unwarranted use of lethal force. Soon traditional and social media want to believe that authorities are acting in a benevolent way—that is,
The argument that “my DNA made me do it” has, in fact, already ferent aims. “Science is focused on understanding universal phenomena; were inundated with debates over the quality of American policing, in a way that is meant to protect and help them, rather than to harass
been successfully used in the courts for a particular gene linked to violence. we do this by averaging data across groups of individuals,” wrote Joshua with discussions focused on claimed racial discrimination. The slogan and control them.
Monoamine oxidase A, known as MAOA, produces an enzyme that breaks Buckholtz for the NOVA series on PBS. “Law, on the other hand, only “Black lives matter” quickly became a rallying cry for protestors. The study concludes that “all four of these factors—quality of
down serotonin and other neurotransmitters in the brain that are identi- cares about specific individual people—the individual on trial.” Buckholtz On the heels of those events, the Harvard study examined how treatment, decision-making fairness, voice, and expectation of benevo-
fied with aggression. Studies have shown that a variant of the gene, known observed that “Genetic differences rarely affect human behavior with the ordinary people assess their treatment by authorities. It concluded that lent treatment—constitute procedural justice in the minds of citizens who
as MAOA-L, can lead to violent behavior when coupled with serious kind of selectivity or specificity desired and required by the law.” “there is a third way, in addition to lawfulness and effectiveness, to eval- interact with the police; and that positive perceptions of procedural
uate policing—rightful policing.” The concept of rightful policing does justice matter more to most people than do other criteria of assessing
Resources: Mark Lallanilla, “Genetics May Provide Clues to Newtown Shooting,” Live Science, December 28, 2012, http://www.livescience.com/25853-newtown-shooter-dna.html; not depend on the lawfulness of police conduct; nor does it look to law enforcement success.”
Joshua W. Buckholtz, “Neuroprediction and Crime,” NOVA, October 18, 2012, http://www.pbs.org/wgbh/nova/body/neuroprediction-crime.html; and Patricia Cohen, “Genetic Basis statistics demonstrating efficiency at crime fighting. “Rather,” as the Study authors suggest that “a focus on the procedural justice of
for Crime: A New Look,” New York Times, June 19, 2011, http://www.nytimes.com/2011/06/20/arts/genetics-and-crime-at-institute-of-justice-conference.html?pagewanted=all&_r=0.
Harvard study says, “it depends primarily on … procedural justice or encounters can help policing agencies identify behavior, tactics, and
fairness of … conduct.” In other words, rightful policing is about how strategies that many members of minority communities find problem-
to achieve fairness in policing and about how to engender trust in po- atic and that lead to disaffection, even though they may be lawful and,
lice. The Harvard study says: considered in isolation, appear effective.”

References: Tracey L. Meares, Rightful Policing. New Perspectives in Policing Bulletin (Washington, DC: U.S. Department of Justice, National Institute of Justice, 2015); Tom R. Tyler
and Jeffrey Fagan, “Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities?,” Ohio State Journal of Criminal Law, Vol. 6 (2008), pp. 231 and
262; and Tom R. Tyler & Cheryl Wakslak, “Profiling and Police Legitimacy: Procedural Justice, Attributions of Motive, and Acceptance of Police Authority,” Criminology, Vol. 42 (2004),
pp. 253 and 255.

Instructor Supplements study materials. Photos, illustrations, charts, and tables from the
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complete package of instructor and student resources: To access supplementary materials online, instructors need
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P R E FA C E xxvii
REVEL for Criminal Justice
Today, Sixteenth Edition by
Frank Schmalleger
Designed for how you want to teach - and how your
students want to learn
Revel is an interactive learning environment that engages stu-
dents and helps them prepare for your class. Reimagining their
content, our authors integrate media and assessment throughout
the narrative so students can read, explore, and practice, all at
the same time. Thanks to this dynamic reading experience, stu-
dents come to class prepared to discuss, apply, and learn about
criminal justice — from you and from each other.
Revel seamlessly combines the full content of Pearson’s best- New Student Survey Questions
selling criminal justice titles with multimedia learning tools. Student Survey Questions appear within the narrative asking
You assign the topics your students cover. Author Explanatory students to respond to questions about controversial topics and
Videos, application exercises, survey questions, interactive CJ important concepts. Students then see their response versus the
data maps, and short quizzes engage students and enhance their responses of all other students who have answered the question
understanding of core topics as they progress through the con- in the form of a bar chart. We provide the instructor with a
tent. Through its engaging learning experience, Revel helps PowerPoint deck with links to each survey and map, making it
students better understand course material while preparing easy to pull these items up in class for discussion.
them to meaningfully participate in class.
Author Explanatory Videos
Short 2-3 minute Author Explanatory Videos, embedded in the
narrative, provide students with a verbal explanation of an im-
portant topic or concept and illuminating the concept with ad-
ditional examples.

Track time-on-task throughout the course


The Performance Dashboard allows you to see how much time the
class or individual students have spent reading a section or doing an
Point/CounterPoint Videos
Instead of simply reading about criminal justice, students are assignment, as well as points earned per assignment. This data helps
empowered to think critically about key topics through Point/ correlate study time with performance and provides a window into
Counterpoint videos that explore different views on controver- where students may be having difficulty with the material.
sial issues such as the effectiveness of the fourth amendment, Learning Management System Integration
privacy, search and seizure, Miranda, prisoner rights, death pen- Pearson provides Blackboard Learn™, Canvas™, Brightspace by
alty and many other topics.
D2L, and Moodle integration, giving institutions, instructors, and
students easy access to Revel. Our Revel integration delivers stream-
lined access to everything your students need for the course in these
learning management system (LMS) environments.
The Revel App
The Revel mobile app lets students read, practice, and study—
New Social Explorer Criminal Justice Data Maps anywhere, anytime, on any device. Content is available both on-
Social Explorer Maps integrated into the narrative ask students line and offline, and the app syncs work across all registered devices
to examine crime and corrections data correlated with socio- automatically, giving students great flexibility to toggle between
economic and other criminal justice data. Maps also show phone, tablet, and laptop as they move through their day. The app
differences in state statutes on major issues such as marijuana also lets students set assignment notifications to stay on top of all
legalization, the death penalty, and the distribution of hate orga- due dates. Available for download from the App Store or Google
nizations across the US. Play. Visit www.pearsonhighered.com/revel/ to learn more.
Other documents randomly have
different content
THE BLESSED SACRAMENT

LO, from Thy Father’s bosom Thou dost sigh;


Deep to Thy restlessness His ear is bent:—
“Father, the Paraclete is sent,
Wrapt in a foaming wind He passeth by.
Behold, men’s hearts are shaken—I must die:
Sure as a star within the firmament
Must be my dying: lo, my wood is rent,
My cross is sunken! Father, I must die!”
Lo, how God loveth us, He looseth hold....
His Son is back among us, with His own,
And craving at our hands an altar-stone.
Thereon, a victim, meek He takes his place;
And, while to offer Him His priests make bold,
He looketh upward to His Father’s Face.
THE BLESSED SACRAMENT
I

GATHER, gather,
Drawn by the Father,
Drawn to the dear procession of His Son!
They are bearing His Body.... Run
To the Well-Belovèd! Haste to Him,
Who down the street passeth secretly,
Adorned with Seraphim,
Still as the blooms of an apple-tree.

II

Gather, gather,
Drawn by the Father!
Not now He dwelleth in the Virgin’s womb:
In the harvests He hath His room;
From the lovely vintage, from the wheat,
From the harvests that we this year have grown,
He giveth us His flesh to eat,
And in very substance makes us His own.

III
Gather, gather,
Drawn by the Father!
The sun is down, it is the sundown hour.
He, who set the fair sun to flower,
And the stars to rise and fall—
Kneel, and your garments before Him spread!
Kneel, He loveth us all;
He is come in the breaking of Bread.

IV

Gather, gather
(Drawn by the Father),
To our God who is shown to us so mild,
Borne in our midst, a child!
He is King and with an orb so small:
And not a word will He say,
Nor on the Angels call,
Though we trample Him down on the way.
On the Holy Angels He will not call....
Oh, guard Him with breasts impregnable!

Sept. 25-26, 1908


COLUMBA MEA

“Una est Columba mea, perfecta mea.”

DOVE of the Holy Dove,


His one, His mate—
One art thou, single in thy mortal state
To be the chosen of Love,
His one, white Dove,
For whom He left His place in Trinity,
Letting His pinions fall
Low to the earth, that His great power might be
Around thee, nor appal,
But, soft in singleness of strength, might bring
The glory of the Father and the Son
To thee, the chosen One,
Amid the sounding clash of each vast wing.

His Perfect, thou art made


Immaculate;
For thou with dovelike whiteness must elate
That Heavenly Spouse arrayed,
Beyond all shade,
In whiteness of the Godhead of God’s throne,
That loves in utter white
From Person unto Person, and alone
Had dwelt in His pure light,
Until one day the Holy Dove was sent
To Thee, O Mary, thee, O Dove on earth,
And God the Son had birth
Of thee, Perfection of thy God’s intent.
VIRGO POTENS
YOUNG on the mountains and fresh
As the wind that thrills her hair,
As the dews that lap the flesh
Of her feet from cushions of thyme;
While her feet through the herbage climb,
Growing hardier, sweeter still
On rock-roses and cushions of thyme,
As she springs up the hill!

A goat in its vaultings less lithe,


From rock, to a tuft, to a rock;
As the young of wild-deer blithe,
The young of wild-deer, yet alone:
Strong as an eaglet just flown,
She wanders the white-woven earth,
As the young of wild-deer, yet alone,
In her triumph of mirth.

She will be Mother of God!


Secret He lies in her womb:
And this mountain she hath trod
Was later in strength than is she,
Who before its mass might be
Was chosen to bear her bliss:
Conceived before mountains was she,
Before any abyss.

The might that dwells in her youth


Is song to her heart and soul,
Of joy that, as joy, is truth,
That magnifies, and leaps
With its jubilant glee and sweeps,
O fairest, her breast, her throat,
Her mouth, and magnanimous leaps,
As the mountain-lark’s note!
Across the old hills she springs,
With God’s first dream as her crown:
She scales them swift, for she brings
Elizabeth news of grace.
The charity of her face
Is that of a lovely day,
When the birds are singing news of grace,
And the storms are away.
ANOTHER LEADETH THEE
IN whose hands, O Son of God,
Was Thy earthly Mission held?
Not in Thine, that made earth’s sod,
And the ocean as it welled
From creation to the shore;
Not in Thine, whose fingers’ lore
Checked the tide with golden bars,
Ruled the clouds and dinted stars—
Not in Thine, that made fresh leaves,
And the flourished wheat for sheaves;
Grapes that bubbled from a spring,
Where the nightingale might sing
From the blood of her wild throat;
Not in Thine that struck her note;
Maned the lion and wrought the lamb;
Breathed on clay, “Be as I am!”
And it stood before Thee fair,
Thinking, loving, furnished rare,
Like Thee, so beyond compare....

Not within Thy hands!—Behold,


By a woman’s hand unrolled
All the mystery sublime
Of Thy ableness through Time!
Thou, in precious Boyhood, knew
For Thy Father what to do;
And delayed Thyself to hear
Questions and to answer clear
To the Doctors’ chiming throng,
Thou, admired, wert set among.
Straight Thy Mission was begun,
As the Jewish Rabbis spun
Round Thy fetterless, sweet mind
Problems no one had divined.
But Thy Mother came that way,
Wh h d ht Th d b d
Who had sought Thee day by day,
And her crystal voice reproved
Thy new way with Thy beloved.
In Thy wisdom-widened eyes
Throbbed a radiance of surprise:
But, Thy Mother having chidden,
Thou in Nazareth wert hidden;
And Thy Father’s Work begun
Stayed full eighteen years undone,
Till Thou camest on Thine hour,
When Thy Mother loosed Thy power
For Thy Father’s business, said,
In a murmur softly spread,
Rippling to a happy few,
“What He says unto you do!”
As the spring-time to a tree,
Sudden spring she was to Thee,
When her strange appeal began
Thy stayed Mission unto man;
Stayed but by her earlier blame,
When from three days’ woe she came;
Yet renewed when she gave sign
“Son, they have not any wine!”

Holy trust and love! She gave


For Thy sake oblation brave
Of her will, her spotless name:
Thou for her didst boldly tame
God the Word to wait on her;
God’s own Wisdom might not stir
Till her lovely voice decreed.
Thou wouldst have our hearts give heed,
And revere her lovely voice;
Wait upon her secret choice,
Stay her pleasure, as didst Thou,
With a marvel on Thy brow,
And a silence on Thy breath
And a silence on Thy breath.
We must cherish what she saith;
As she pleadeth we must hope
For our deeds’ accepted scope,
Humble as her Heavenly Son,
Till our liberty be won.
THE GARDEN OF LAZARUS
IN a garden at Bethany,
O Mother, Mother, Mother!
Amid the passion-flowers and olive-leaves—
His Mother—
Yet, behold, how tranquilly
She is sad and grieves,
Though her Son is gone away,
And she knows Passover Day
Will not leave her Lamb, her Child unslain!
He hath spoken to deaf ears,
All save hers, of mortal pain
And of parting, yet she has no tears....
He is gone away
With His chosen few to eat the Pasch,
Leaving in the eyes, she raised to ask,
Mute assurance He would come no more
Back to Bethany, nor Lazarus’ door.
O Mother, Mother, Mother!—
But she keeps so many things apart
In their silence, pondering them by heart;
Always she has pondered in her heart;
And it knows her Son is Son of God....
Silently she gazes where He trod
Down the valley to Jerusalem—
His Mother!
Round her birds are at their parting song
To the light that will not strike them long;
And the flowers are very gold
With the light before whose loss they fold.
Keen the song, as on each wing,
And on each rose and each rose-stem
Full the burnishing.
She hath crossed her hands around her breast,
And it seems her heart is taking rest
With some Mystery her spirit heeds....
Song of Songs the birds now chaunt,
And the lilies vaunt
How among them, white, He feeds,
Who but now hath left her—fair and white
As the lover of the Sunamite.

. . . .

In the city, in an upper room,


As fair Paschal Bread He breaks and gives
Unto men His Body while He lives—
Then seeks out a Garden for His Doom.
HOLY CROSS

MYSTERIOUS sway of mortal blood,


That urges me upon Thy wood!—

O Holy Cross, but I must tell


My love; how all my forces dwell
Upon Thee and around Thee day and night!
I love the Feet upon thy beam,
As a wild lover loves his dream;
My eyes can only fix upon that sight.

O Tree, my arms are strong and sore


To clasp Thee, as when we adore
The body of our dearest in our arms!
Each pang I suffer hath for aim
Thy wood—its comfort is the same—
A taint, an odour from inveterate balms.

My clasp is filled, my sight receives


The compass of its power; pain grieves
About each sense but as a languid hum:
And, out of weariness, at length,
My day rejoices in its strength,
My night that innocence of strife is come.
PURGATORY

PERFECTION of my God!—
With hands on the same rod,
With robes that interfold,
One weft together rolled;
With two wings of one Dove
Stretched the royal heads above—
God severs from His Son,
That what is not be won;
Immortal, mortal grow,
God entering manhood know
What was not and shall be
Of cogent Deity.

Perfection of my soul!—
How shall I reach my goal,
Unless I leave His Face,
Who is my dwelling-place,
Unless in exile do
His will a short while through,
To the time’s sharpest rim:
Unless, deprived of Him,
I may achieve Him, lie
His victim, sigh on sigh,
Bearing consummate pain,
Supremely to attain?
FORTITUDO EGENIS

LOVER of Souls, Immaculate,


Mary, by thy Immaculate Conception,
Thy soul and body white for God’s reception,
Beyond the ridg’d snows on the sky;
Beyond the treasure of white beams that lie
Within the golden casket of the sun;
By the excelling franchise of thy state,
Plead for the Holy Souls, O Holiest One!

Till they be cleansed grief hath no date!


Them, through thy spotless grace, embolden
To passion for their God, but once beholden,
Nor ever more beheld till pain
Hath made their souls’ recesses bright from stain.
Plead they may swiftly see Him, nor may shun
The Vision, each achieved immaculate!
Pure from the first, plead for them, Holiest One!
PAX VOBISCUM

To Notre Dame de Boulogne

MY heart is before thee, Queen,


As a mariner at sea—
It vows its sighs that swell to thee,
Sighs as great as against waves may be.

For thou art above the waves,


On their summits thou dost float;
Thy locks of gold along thy throat;
Thou more gold than gold upon thy boat.

Pomp of thy body, thy Child—


On thy arm, small-crowned and sweet;
Thou, large-crowned! Where billows meet,
Why these crowns, like shocks of golden wheat?

The Prince of Peace He is....


As a mariner at sea,
When waves are high and thronging free,
High my heart entreats thy Son and thee.
PURISSIMÆ VIRGINI SACELLUM
IT is new in the air from the sea and the height,
New as a nest by a sea-bird fashioned....
O Carmel, thy mound the rock-site!...
And roofless our chapel, the home we, impassioned,
Have built for her coming, O Gift from the Sea!
Elijah, our father, descend to thy mountain,
Where once was thy shrine, God created by flame;
Where from a land dry in well as in fountain
Thou did’st keep vigil—as we—till she came,
The Cloud from God’s Bosom, the Grace of His favour,
The sweetness of Rain! O balm, oh, the savour
Of air on the throat! O Desire from the Sea!
Surrounded by roses and lilies of valleys,
Sweeter than myrrh, or than balsam in chalice,
Queen of the East, O Magnificent, bring
The sweetness familiar as rain to man’s cry;
Murmur as rain round our hearts lest we die,
White Cloud of felicity, Voice to our ears!
Girt with vale-lilies and roses a spring-day appears,
But Thou, Queen of Carmel, art Spring.

Surely the last, we are first in our glory:


Splendid out-broke in our desert the story
How flame that fell down on our shrine at the call
Of our father Elijah had fallen down on all.
So Christ is received of us, Carmel receives Him,
The stones and the dust and the sea-winds believe Him:
But after God’s Fire there is hope of God’s Rain.
To us art thou come, O Abundance of Rain!

Thy little, roofless sanctuary, Queen,


Finds us in winds, in sunset or at night,
With stars to help our candles, wild and free
As Pagans by their Virgin of moonlight,
Diana of the Hunters’ rocks: so we
Upon the heights and in the breeze are seen
Upon the heights, and in the breeze are seen,
And called the Brothers of thy lovely name,
Blest Mary of Mount Carmel. Asia, cry
Her splendour! Cry to her, O Eastern Kings,
Encompass her! She is our very own,
In mercy manifest to us alone,
Our Cloud of Mercy that from seaward springs,
And crouched Elijah sought for, sigh on sigh.

And for our thanks ... O Eastern Kings, your treasure


In this may serve us, that a pearl may lurk,
Or in your chests there may be jewel-work
That, as she is a Queen, might give her pleasure.
We are her monks, we have no precious things.
Close round her, Kings!
With frankincense and myrrh,
Open a fount for her!
With cloth of gold proclaim her and enthrone!
Afar off we will weep—she is our own.
IN THE BEGINNING

HOW still these two!


Christ with far eyes, John with the fond eyes closed,
And close unto
The breast wherefrom is peace—
No slumber that shall cease,
But charmed safety of a faith as sure
As a mountain’s founding to endure:
And warm as sleep John’s love
For the rapt Face above.

Far-rapt, Christ’s eyes,


In strength, remember His own resting-place,
Where, in this wise,
He, the Eternal Word,
Had kept deep lull unstirred,
Upon the bosom of the Father laid;
And, of that peace divined,
Knew the Eternal mind.

Then the raised Face


Breaks soft and the eyes droop and bend above
The sweet head’s place,
Where from closed eyelids John
Setteth his love upon
God, his Lord, his Thought, his Lover dear:
And, in lapse of silence falling clear,
One heareth only this—
On the sweet head, a kiss.
AN ANTIPHONY OF ADVENT

Ad Laudes

COME to a revel, happy men!


Far away on the hills a wine of joy
Makes golden dew in drops, that cloy
The fissures of the glen,
The crevices of rock;
Caught in its sweetness thyme and cistus lock;
The hills are white and gold
In every fold;
The hills are running milk and honey-rivers;
Yet not a thyrsus on a mountain quivers.

II

DOES not the distant city cry,


As if filled with an unexpected rout,
Alleluia, shout on shout?
Nor can the city high
Exult in song enough,
Tuning to smoothness all her highways rough.
And yet the Bromian god
Hath never trod
With choir the pavements, nor each grape-haired dancer
Given to the mountain-streams a city’s answer.

III
BEHOLD, O men, a vivid light!
Is it the lightning-fire that blazes wide,
Or torches lit on every side
That turn the sky so bright?
Through this great, sudden day,
No levin-gendered god’s triumphant way
The brands of pine confess:
A loveliness
Within that mighty light of larger story
Is come among us with exceeding glory.

IV

YE that would drink, come forth and drink!


Within the hills are rivers white and gold;
Clear mid the day a portent to behold.
Stoop at the water’s brink,
Seek where the light is great!
Why should the revellers for revel wait?
Now ye can drink as thirsty stags
Where no source flags.
Forth to the water-brooks, forth in the morning;
Forth to the light that out of light is dawning!

V
TIRESIAS, with thy wreath, not thou!
Gray prophet of the fount of Thebes, behold
A prophet neither blind nor old,
Spare and of solemn brow,
Is risen to make all young:
He dwells among
The freshets of the stream. Come to the Waters;
O Sons of Adam, haste, and Eva’s daughters!
This revel, children, is a revelry
Ascetic, of a joy that cannot be
Unless we fast and pray and wear no wreaths,
Nor brandish cones the forest-fir bequeathes,
Nor make a din—but sweet antiphonies—
Nor blow through organ-reeds to sing to these,
But of ourselves make song: it is a feast,
That by the breath of deserts is increased;
And by ablution in the river lifts
Its grain to crystal—earth so full of gifts
Most exquisite, breaths that are infinite
Of infinite judgment, hesitations light
Of infinite choiceness, life so fine, so fine,
Since of our flesh we welcome the Divine;
Since by our fast and reticence, our food
From honey-bees in haunts of solitude,
O mighty Prophet of the river-bank,
We see that light that makes the sun a blank,
As a white dove makes a whole region dim;
See in the greatness of the great Light’s rim
One we must fall down under would we win
The ecstasy of revel—all our sin
Borne from us by the Wine-Cup in a hand
That bleeds about the vessel’s golden stand,
Bleeds as the white throat of a lamb just slain.
Behold! No Evoe at that poured red stain,
No Evoe—Alleluia! He is dumb:
But let us laud Him, Eleutherius come!
ANNUNCIATIONS

“Blessèd art Thou among women, Mary!”


Through white wings,
The angel brings
Of a Saviour’s birth annunciation—
Tidings of great joy to one afraid.

“Blessèd art thou Simon, son of Jonah!”


In his power,
His smile as dower,
Of His Church’s birth, annunciation
Is by God Himself, no angel, made.

Blessèd art Thou, Mary; blessèd, Peter!


But the grace
Of God’s own face
Is on Peter for annunciation,
When he speaks, by flesh and blood unswayed.
STONES OF THE BROOK
FORTH from a cloud,
Loosed as a greyhound is loosed,
To sweep down the sky,
To sweep down the hill,
A torrent of water unnoosed—
The rain rushes on aloud,
And becometh a stream on the earth, and still
Groweth and spreadeth as its stream sweeps by.

And the stones of its course


Are bright with its joy as it leaps
Around them in might,
Beyond them in joy;
For it sings round the rocky heaps,
From the brightness of its force;
Nor can pebbles nor boulders of granite cloy
In their multitude the stream’s delight.

With a torrent’s bliss,


The Martyr Stephen receives
The stones for his head,
The stones for his breast,
And smiles from his strength that believes:
“Sweet stones of the brook!”—for this
Is the singing, the song of his heart expressed,
As he kneels, looking up, his hands outspread.

A river of blood, the tide


Of martyrdom, gathers round
His soul as a stream;
While the stones are drenched
With tides of his blood as they bound
From temple and mouth and side ...
Stones of offence, dark stones from the torrent wrenched,
Ye strike the trend of his joy as a dream!

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