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 INTRODUCTION
TO
LAW ENFORCEMENT
AND
CRIMINAL JUSTICE
Eighth Edition

HENRY M. WROBLESKI, LL.B.

Former Law Enforcement Coordinator
Normandale Community College

KÄREN M. HESS, Ph.D.

Normandale Community College

Australia • Canada • Mexico • Singapore

Spain • United Kingdom • United States
 Introduction to Law Enforcement and Criminal Justice, Eighth Edition
Henry M. Wrobleski and Kären M. Hess

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 Brief Contents
Section I: The Evolution of Law Enforcement
and Criminal Justice 1

1 A Brief History: The Evolution of Law and Our Criminal

Justice System 3
2 The American Quest for Freedom and Justice: Our Laws 41
3 Crime in the United States—Offenders and Victims 68

Section II: Contemporary Law Enforcement 113

4 Contemporary Policing: An Overview 115

5 Community Policing, Problem-Solving Policing and Service 143
6 Patrol: The Backbone of Policing 181
7 Specialized Roles of Police 215

Section III: Challenges to the Profession 243

8 Policing within the Law 245

9 Gangs and Drugs: Threats to Our National Security 284
10 Terrorism: The Newest Threat to Our National Security 336
11 Issues Concerning Police Conduct 367
12 Departmental Issues 404

Section IV: Law Enforcement and the Criminal

Justice System 441

13 Courts and Corrections: Law Enforcement’s Partners

in the Criminal Justice System 443
Glossary 490
Indexes 502

iii
Contents
Preface xvi

SECTION I:
THE EVOLUTION OF LAW ENFORCEMENT
AND CRIMINAL JUSTICE 1
Chapter 1: A Brief History: The Evolution of Law and Our Criminal
Justice System 3
Introduction 4
Primitive and Ancient Law 4
Egypt 5
Greece 6
Rome 6
English Law and Law Enforcement 6
The Anglo-Saxons and the Tithing System 6
The Norman Frankpledge System 7
The Twelfth Century 7
The Magna Carta 8
The Next 500 Years 8
Henry Fielding and the Bow Street Runners 10
Peelian Reform 11
London Metropolitan Police (1829) 12
City and Borough Police Forces (1835) 12
Women Enter Law Enforcement 12
Early Law Enforcement in the United States 12
The First U.S. Police Forces 13
Slave Patrols 14
Evolution of the City Police 15
The Vigilante Movement 15
Establishment of Federal Agencies 16
The Department of Justice 17
The Department of the Treasury 18
Other Federal Law Enforcement Agencies 19
Current Organization 19
Establishment of State Agencies 20
Development of County Agencies 22
The County Sheriff 22
The County Police 22
The Coroner or Medical Examiner 22
Development of Local Agencies 22
District and Special Township Police 22
The Constable 23
The Marshal 23
Municipal Police 23
Overlap 23

iv
 Contents v

The Three Eras of Policing 23

The Political Era (1840–1930) 24
The Reform or Professional Era (1930–1980) 27
The Community Era (1980–Present) 32
The Evolution of Our Juvenile Justice System 33
The Puritan Emphasis 34
Providing a Refuge 34
The Juvenile Court 34
A Brief Recap of U.S. Policing 37
Summary 37

Chapter 2: The American Quest for Freedom and Justice:

Our Laws 41
Introduction 42
The Declaration of Independence 43
Types of Law 43
Social or Moral Law 44
Precedents: Common Law and Case Law 44
Statutory Law 44
Equity 45
Constitutional Law 45
Order of Authority of Law 46
The Bill of Rights 46
The First Amendment 47
The Second Amendment 48
The Fourth Amendment 49
The Fifth Amendment 50
The Sixth Amendment 52
The Eighth Amendment 54
The Ninth Amendment 55
The Tenth Amendment 55
The Fourteenth Amendment 55
Criminal Law 56
Proving That a Crime Has Been Committed 58
Civil Law and Torts 59
The Law Enforcement Officer and Civil Liability 59
Police Power 61
The Needs of Society and the Rights of the Individual 63
Conflict Theory 64
Consensus Theory 64
Crime Control versus Due Process 64
Summary 64

Chapter 3: Crime in the United States—Offenders and Victims 68

Introduction 69
Sources of Information on Crime 69
The Media 70
Self-Report Surveys 70
Official Sources 70
vi Contents

Classification and Definitions of Major Crimes 76

Violent Crimes 76
Crimes against Property 77
Part II Index Crimes 80
Other Crimes 80
Offenders—What Leads People to Commit Crime? 92
Theories of Criminality and Causes of Crime 92
The Influence of Biology 93
The Influence of the Environment 93
Career Criminals or Recidivists 96
Juvenile Offenders 97
Victims of Crime and Violence 99
Types of Victims 99
Victimization Factors—Who Is at Risk? 99
Other Factors in Victimization 100
Effects of Victimization 100
Fear of Victimization 101
The “Second Wound”: Further Victimization by the Criminal Justice
System 101
Assisting Victims—Historical Overview 102
Crime Victims’ Rights 103
Should the U.S. Constitution Be Amended to Include Victims’
Rights? 104
Programs and Services for Crime Victims 105
A Parallel Justice System for Victims? 108
The Role of the Police 108
Police Officers as Victims 109
Summary 110

SECTION II:
CONTEMPORARY LAW ENFORCEMENT 113

Chapter 4: Contemporary Policing: An Overview 115

Introduction 116
Why We Have Police 117
What Police Do 117
Policing and the People 118
Traditional Goals of Policing 119
Enforcing Laws 119
Preserving the Peace 120
Preventing Crime 120
Protecting Constitutional Rights 121
Providing Services 122
Contemporary Goals Resulting from Community Policing 123
Organization of the Department 123
Administrative Services 125
Communications 125
Records 129
Field Services 131
Patrol 131
Traffic 131
 Contents vii

Investigation 132
Community Service/Community Relations 132
Specialized Officers 132
Rural Policing 132
The Police Subculture 133
Styles of Policing 134
Stereotypes 135
The Police Image 137
Factors Influencing Police Image 138
The Importance of Image 139
How the Public Really Feels about the Police 139
Summary 140

Chapter 5: Community Policing, Problem-Solving Policing and Service 143

Introduction 144
Community Policing Defined 144
Historical Roots of Community Policing 145
The Importance of Community 145
Social Capital 146
Lack of Community 147
Involving and Educating Citizens 149
Civilian Review Boards 149
Citizen Patrols 149
Citizen Police Academies 150
Ride-Along Programs 150
Partnerships 150
Cooperative Policing 155
School/Law Enforcement/Community Partnerships 155
Partnerships with the Media 155
Community Policing, Partnerships and the Decrease in Crime 157
Problem-Oriented Policing and Problem Solving 158
The Crime Triangle 161
Common Mistakes in Problem Solving 162
Implementing Community Policing 162
Analyzing the Community 163
The Effect of Implementing Community Policing 164
A Community Service Orientation 164
Providing Emergency Services 165
Other Community Services 167
Youth Programs 167
The PAL Program 167
School Resource Officers 168
Operation CleanSWEEP 168
McGruff 168
Police Explorers 169
DARE 169
Other Programs 169
Community Crime Prevention Programs 170
Neighborhood or Block Watch Programs 170
Operation Identification Programs 170
Home Security 171
Store Security 171
Automobile Security 171
viii Contents

What Works/What Doesn’t 172

Services and Programs That Implement Community Policing 173
Challenges to Community Policing 173
Resistance and Misguided Perceptions 174
Benefits of Community Policing to Officers 174
Serving and Protecting Our Increasingly Diverse Population 174
The Growing Elderly Population 175
The Growing Minority Population 175
The Growing Immigrant Population 175
The Growing Homeless Population 176
The Growing Number of Individuals with AIDS and Other Infectious
Diseases 176
The Growing Number of Individuals with Disabilities 177
The Widening Gap between the Rich and the Poor 177
Summary 177

Chapter 6: Patrol: The Backbone of Policing 181

Introduction 182
Patrol Officer Responsibilities 182
Management of Patrol Operations 183
Types of Patrol 184
General Patrol 184
Random/Preventive Patrol 184
Directed Patrol 186
Activities While on Patrol 189
Calls for Service 189
Self-Initiated Tasks 190
Administrative Duties 190
A Demanding Role 191
Methods of Patrol 191
Foot Patrol 191
Automobile Patrol 192
Motorcycle Patrol 193
Bicycle Patrol 193
Segways 195
Mounted Patrol 196
Air Patrol 196
Water Patrol 197
Special-Terrain Patrol 197
Combination Patrol 198
High Visibility versus Low Visibility 198
The Traffic Division: An Overview 199
Enforcing Traffic Laws 199
Selective Traffic Enforcement 199
Speeding 200
Red Light Running 201
Nonuse of Seat Belts 201
Aggressive Driving and Road Rage 202
Driving under the Influence of Alcohol or Drugs 202
The Traffic Stop 205
Racial Profiling 206
Traffic Enforcement and the Apprehension of Criminals 207
 Contents ix

Directing and Controlling Traffic 208

Assisting at and Investigating Traffic Crashes 208
Responsibilities of the Officer Called to a Crash Scene 209
Crash Reconstruction 209
The Traffic Program 210
Public Education Programs 210
Patrol and Community Policing 210
Summary 211

Chapter 7: Specialized Roles of Police 215

Introduction 216
Investigation 216
Forensic Science 216
The Investigator 217
The Preliminary Investigation 217
The Follow-Up Investigation 218
Investigative Responsibilities 218
Crime Scene Investigation Units 226
Case Management/Investigation 226
The Internet 226
Community Policing and Investigation 227
Profilers 227
Psychics 228
Intelligence Officers 228
Undercover Officers 228
Internal Affairs 230
Juvenile Officers 231
Vice Officers 232
Illegal and Legal Gambling 233
Prostitution and Pornography 234
SWAT Officers 235
K-9 Assisted Officers 237
K-9 Case Law 238
Reserve Officers 239
Summary 239

SECTION III:
CHALLENGES TO THE PROFESSION 243

Chapter 8: Policing within the Law 245

Introduction 246
The Fourth Amendment 247
Reasonable 247
Probable Cause 248
Stop and Frisk 249
Plain View and Plain Feel/Touch 252
Roadblocks and Checkpoints 253
Field Detention 254
x Contents

Lawful Searches 255

Searches Conducted with a Warrant 255
Searches Conducted without a Warrant 257
Limitations on Searches 267
Lawful Arrests 267
Elements of Criminal Arrest 267
Arrest Warrants 267
Arrests without a Warrant 267
Right to Resist Arrest 269
De Facto Arrests 269
Protecting a Suspect’s Rights—The Miranda Warning 269
Waiving the Right 273
The Public Safety Exception 273
Protecting the Rights of Foreign Nationals 274
Involuntary Confessions 274
Entrapment 275
A Recap of the Landmark Cases 275
Summary 280

Chapter 9: Gangs and Drugs: Threats to Our National Security 284

Introduction 285
The Threat of Gangs 285
Gangs Defined 286
Types of Gangs 287
Racial or Ethnic Gangs 288
Hispanic Gangs 288
African American Gangs 288
Asian Gangs 289
White Ethnic Gangs 290
Motorcycle Gangs 290
Prison Gangs 290
Other Types of Gangs 290
Hybrid Gangs 292
Females and Gangs 292
Characteristics of Gangs 293
Leadership 293
Organization 293
Domain Identification 295
Criminal Activity 295
Identifying Gangs and Gang Members 295
Names 295
Symbols 295
Communication 296
Criteria for Identifying Gang Members 297
Stereotypes 298
The Gang Subculture 298
Why People Join Gangs 299
Risk Factors 301
Gang Control Strategies 302
Police Gang Units 304
Injunctions and Legislation 304
 Contents xi

Gang Intelligence 306

School Programs 306
Gangs and Community Policing 307
Gangs and the Criminal Justice System 309
Prosecution Problems 309
The Enterprise Theory of Investigation 310
The Threat of Drugs 311
Studies on Current Drug Use 311
Narcotics, Marijuana and Other Dangerous Drugs 313
Narcotics 313
Marijuana 314
Other Dangerous Drugs 314
Alcohol 317
Illicit Drug Abuse and Crime 319
Drugs and Society 321
Drug Control 322
Crime Control 322
Punishment 325
Rehabilitation 326
Prevention 328
Legalization 329
The Need for a Combined Effort 331
Summary 331

Chapter 10: Terrorism: The Newest Threat to Our National Security 336
Introduction 337
The Threat of Terrorism 337
Terrorism Defined 338
Classification of Terrorist Acts 339
Domestic Terrorism 339
International Terrorism 339
The Dual Threat 339
Motivations for Terrorism 339
White Supremacists 340
Black Supremacists 341
The Militia Movement 341
Other Right-Wing Extremists 341
Left-Wing Extremists 342
Pro-Life Extremists 342
Animal Rights Activists 342
Environmental Extremists 343
Methods Used by Terrorists 343
Explosives and Bombs 344
Weapons of Mass Destruction (WMD) 344
Technological Terrorism 346
A Brief Chronology of Terrorism—Past to Present 347
September 11, 2001 348
Why Did It Happen? 349
Who Was Responsible? 350
xii Contents

The U.S. Response—Detect, Prepare, Prevent, Protect, Respond

and Recover 351
The Department of Homeland Security 351
The USA PATRIOT Act 352
The Critical Role of Local Law Enforcement in Homeland Security 353
Needed Training 354
Investigating Terrorist Acts 355
Community Policing and Homeland Security 356
Intelligence Gathering and Sharing 357
A New Kind of War—An Asymmetric War 360
Another Homeland Security Initiative: The Center for Food Protection
and Defense 360
The Role of the Media in the War on Terrorism 361
Concerns Related to the War on Terrorism 361
Concern for Civil Rights 361
Retaliation or Discrimination against People of Middle Eastern
Descent 362
Summary 363

Chapter 11: Issues Concerning Police Conduct 367

Introduction 367
Discretion 368
Discrimination or Disparity in Policing: Gender, Class and Race Issues 369
Gender Issues 370
Class Issues 371
Racial Issues 371
Racial Profiling 372
Use of Force 375
The Use of Force Continuum 377
Reasonable Force 378
Excessive Force 379
Less-Lethal Force 379
Deadly Force 382
Police Pursuits 383
To Pursue or Not to Pursue 384
Pursuit Policies 386
Liability in Police Pursuits 387
Civil Liability 388
Reducing Civil Liability 390
Corruption, Ethics and Integrity—Where to Draw the Line 391
What Constitutes Corruption? 392
How Corruption Arises and Perpetuates 393
How Police Learn about Ethics 397
The Importance of Police Integrity and Core Virtues 397
Building an Ethical Department 398
Summary 399

Chapter 12: Departmental Issues 404

Introduction 405
Evaluating and Selecting an Agency for Employment 405
The Recruiting Process 406
Desired Qualities of Law Enforcement Officers 407
Finding Qualified Applicants 407
 Contents xiii

Recruiting Minorities 408

Recruiting Women 408
The Selection Process 410
The Formal Application—Basic Requirements to Become
a Police Officer 410
The Written Examination 413
Physical Fitness Tests 414
Psychological Testing 414
The Interview 414
The Background Investigation 416
Testing or Assessment Centers 417
The Medical Examination 418
The Law Enforcement Candidate Ride-Along 418
The Human Resource Roundtable 418
The Final Result 419
Federal Guidelines and Regulations 419
Equal Employment Opportunity Act 419
Affirmative Action 419
Americans with Disabilities Act 421
Probation and Training 421
Failure to Train 423
Retention 423
Salary and Benefits 424
Promotional Opportunities 425
Stress and Burnout 425
Civilian Review Boards 427
Sexual Harassment 428
Unions 429
Privatization of Criminal Justice 430
Moonlighting 431
Accreditation 432
Police Professionalism 436
Sociological Elements of Professionalism 436
The Final Analysis—Does Law Enforcement Qualify? 436
Summary 437

SECTION IV:
LAW ENFORCEMENT AND THE CRIMINAL
JUSTICE SYSTEM 441
Chapter 13: Courts and Corrections: Law Enforcement’s Partners
in the Criminal Justice System 443
Introduction 444
The Police as Gatekeepers to the Criminal Justice System 445
An American Courtroom 446
The Court System: An Overview 446
The State Court System 446
The Federal Court System 447
The Supreme Court 447
Specialized Courts 450
Community Courts 450
Tribal Courts 450
xiv Contents

Drug Courts 451

Gun Courts 451
Domestic Violence (DV) Courts 452
Mental Health Courts 452
Juvenile Courts 452
The Adversary System 454
Key Players in the Judicial Process 455
The Defendant 455
The Prosecutor 457
The Defense Attorney 458
Judges 458
Critical Stages in the Criminal Justice Process 459
Bail and Writ of Habeas Corpus 460
Plea Bargaining 461
The Preliminary Hearing 461
The Grand Jury 462
The Coroner’s Jury 462
The Arraignment 462
Alternatives to a Trial—Diversion 463
The Trial 463
Jury Selection 463
Testimony 464
Closing Statements and Jury Deliberation 465
Sentencing 466
Three-Strikes Laws, Mandatory Minimums and
Truth-in-Sentencing 467
Case Review and Appeal 468
The Corrections System: An Overview 468
Purposes of Corrections 468
Purposes of Juvenile Corrections 469
Probation 469
Who Gets Probation? 470
Conditions of Probation 470
Partnerships between Law Enforcement and Probation Services 470
The Growing Use of Probation 470
Intermediate Sanctions/Community Corrections 471
Intermediate Sanctions for Juveniles 472
Boot Camps 472
Incarceration 473
Jails 474
Prisons 474
Parole 476
Community-Based Reintegration Programs 477
Halfway Houses 477
Restitution Centers 477
Other Reintegration Methods 477
Recidivism 478
The Death Penalty versus Life without Parole 478
The Restorative Justice Model 480
Community Corrections and the Role of Police 482
 Contents xv

Community Justice 482

A Look to the Future 484
Summary 486

Glossary 490
Author Index 502
Subject Index 506
Photo Credits 520
Preface
I ntroduction to Law Enforcement and Criminal Justice was written to present an
overview of the field and the numerous complexities within it. It also seeks to
instill an appreciation for those who “serve and protect” our society and an
understanding of this exciting, challenging profession.
The future of our lawful, democratic society depends in large part on those
currently in the field of criminal justice and those preparing to enter it. Law
enforcement officers have awesome power and tremendous responsibilities that
must be met under constantly changing circumstances and in a way that protects
individual rights and society’s rights simultaneously—a tremendous challenge.
When we wrote the first edition of this text over 25 years ago, law enforce-
ment seemed more predictable and faced different challenges than now. In the
1970s law enforcement was focused on restoring its image after the disturbances
and civil unrest of the 1960s. It saw organized crime as a major national threat.
Crime fighting was its most obvious mission. Victims were seen primarily as
sources of information. AIDS, crack cocaine, drive-by shootings and children
shooting children, domestic violence and terrorism were not perceived as prob-
lems. The first edition contained no chapters on community policing, problem-
solving, juveniles or victims because these were not priorities. The beginnings of
community policing could be seen, however, in the discussions of team policing
and community service—helping citizens help themselves. The first edition also
had no chapters on courts or corrections, focusing solely on the law enforcement
component of the criminal justice system.
The current edition recognizes the interrelationships of the components of
the criminal justice system and the need for coordination among them. As you
learn about law enforcement, you will find three recurring themes in this text.
The first theme is that of community or service orientation to law enforcement
and the critical importance of partnerships, viewing citizens as co-producers of
justice. A second theme is that of police officers as peace officers as well as crime
fighters and a concern for not only criminal justice but social justice as well. The
third theme is that of police officers’ discretion in their role as gatekeepers to the
criminal justice system. Each chapter in the text serves as an overview of an area
that could be expanded into an entire course.

Major Features—Context Themes

Not unexpectedly, the text begins with chapters that provide needed background
(Section I). Our present system of law enforcement did not just magically appear.
It has evolved slowly, shaped by numerous factors, including social and political
influences. Chapter 1 describes the evolution of law enforcement and the crimi-
nal justice system from its ancient roots to the present system. Chapter 2
describes the laws all U.S. citizens are expected to obey and how they came to be.
Chapter 3 explores crime in the United States: what types of crimes are occurring

xvi
 Preface xvii

and theories about why, who commits crime and the effect it has on victims. This
section provides the context within which to understand contemporary U.S.
policing: its history and traditions, the laws under which it operates and which it
enforces as well as the individuals who choose to disobey the laws and their vic-
tims. Policing is, at its heart, about people.
Section II helps you understand the traditional organization and functions of
law enforcement, most of which can still be found within our law enforcement
agencies. First, an overview of the organization, goals, characteristics and culture
is presented (Chapter 4). Next, two approaches to policing gaining popularity
throughout the county are introduced—community policing and problem-
oriented policing (Chapter 5). This is followed by a discussion of the general
functions of most agencies, patrol and traffic (Chapter 6), and the specialized
assignments frequently found in larger agencies, such as investigators, SWAT
teams, school resource officers and reserve officers (Chapter 7).
Section III explores important challenges to the profession in the twenty-first
century. It begins with a discussion of the challenge of policing within the law,
apprehending criminals without violating their constitutional rights (Chapter 8).
Next, the challenges posed by gangs and drugs, problems which have overshad-
owed the previous concern with organized crime, are discussed (Chapter 9). This
is followed by an examination of the latest threat to our country—terrorism
(Chapter 10). Then significant issues involved in policing are described, includ-
ing discretion, discrimination, racial profiling, use of force, pursuit, liability, cor-
ruption and ethics (Chapter 11). The section concludes with a discussion of
departmental issues, including recruiting and retaining officers, civilian review
boards, sexual harassment, unions, moonlighting, privatization of law enforce-
ment, accreditation and professionalism (Chapter 12). The final section (IV)
places law enforcement into the context of the criminal justice system, examin-
ing its role with the other two components of the criminal justice system, the
courts and corrections. The need for collaboration and cooperation among the
three components has become an important focus during the past decade. Chap-
ter 13 discusses the evolution of community justice and presents a brief look to
the future.
This eighth edition has been completely updated, with all except classic
sources cited being published between 2001 and 2005. Included are 36 new
terms and 426 new cites.

New to This Edition

Specific changes within each chapter include the following:
쎱 Chapter 1—History: the Department of Homeland Security and the reorgan-
ization of the Department of Justice; 2 new terms, 4 new cites.
쎱 Chapter 2—Our laws: new Supreme Court precedents; the needs of society
and the rights of the individual; conflict and consensus theory; crime control
versus due process expanded; 2 new terms, 5 new cites.
쎱 Chapter 3—Crime: the 8% problem; debate on amending the U.S. Constitu-
tion to include victims’ rights; a parallel justice system for victims; 3 new
terms, 41 new cites.
xviii Preface

쎱 Chapter 4—Contemporary policing: contemporary goals resulting from com-

munity policing; the importance of image; interoperability; E911, reverse 911
and phantom wireless 911 calls; 4 new terms, 20 new cites.
쎱 Chapter 5—Community policing: the importance of community and social
capital; analyzing the community; common mistakes in problem solving;
involving and educating citizens—civilian review boards, citizen patrols, citi-
zen police academies and ride-along programs; community policing, partner-
ships and the decrease in crime; 4 new terms, 20 new cites.
쎱 Chapter 6—Patrol: management of patrol operations; global positioning sys-
tems (GPS); facial recognition in patrol cars; segways; personal vertical take-
off and landing aircraft; 6 new terms, 58 new cites.
쎱 Chapter 7—Specialized roles: crime scene investigation (CSI) units; psychics;
gambling; K-9 case law; 1 new term, 51 new cites.
쎱 Chapter 8—Policing within the law: 11 recent Supreme Court cases related to
criminal procedure including informational roadblocks, Illinois v. Lidster; the
requirement to identify oneself, Hiibel v. Sixth Judicial District Court of Nevada;
legality of roadblocks and checkpoints; de facto arrests; protecting the rights
of foreign nationals; 2 new terms, 29 new cites.
쎱 Chapter 9—Gangs and drugs: prison gangs; hybrid gangs; gangs and commu-
nity policing; the enterprise theory of investigation; statistics on current drug
use; 1 new term, 44 new cites.
쎱 Chapter 10—Terrorism: a new chapter, includes motivations for terrorism;
methods used; the critical role of local law enforcement in homeland security;
investigating terrorist acts; community policing and homeland security; intel-
ligence gathering and sharing; asymmetric warfare; the role of the media in
terrorism; 5 new terms, 62 new cites.
쎱 Chapter 11—Police conduct: expanded discussion of discretion, the
discrimination-disparity continuum; deadly force decision model; anatomy
of a lethal force event; a model of circumstantial corruptibility; the hierarchy
of wickedness; excerpt from Walking with the Devil: The Code of Silence; bal-
ancing and ghosting in data on traffic stops; 5 new terms, 33 new cites.
쎱 Chapter 12—Departmental issues: the law enforcement candidate ride-along;
human resource roundtables; retention techniques; types of civilian review;
credentialing, 2003 Supreme Court rulings on affirmative action; 35 new
cites.
쎱 Chapter 13—Courts and corrections: gun courts; domestic violence (DV)
courts; mental health courts; community justice; a look to the future; 1 new
term, 28 new cites.

How to Use This Text

Introduction to Law Enforcement and Criminal Justice is more than a text. It is a
learning experience requiring your active participation to obtain the best results.
You will get the most out of the book if you first familiarize yourself with the
total scope of law enforcement: read and think about the subjects listed in the Con-
tents. Then follow five steps for each chapter to achieve triple-strength learning.
1. Read the objectives at the beginning of each chapter, stated in the form of “Do
You Know?” questions. This is your first exposure to the key concepts of the
text. The following is an example of this format:
 Preface xix

Do You Know?
쎱What the basic instrument of government is?
Review the key terms and think about their meaning in the context of law
enforcement.
2. Read the chapter, underlining or taking notes if that is your preferred study
style. Pay special attention to all information within the highlighted area and
the magnifying glass icon. This is your second exposure to the chapter’s key
concepts. The following is an example of this format:

The U.S. Constitution is the basic instrument of government and the supreme law of
the United States.

The key concepts of each chapter are emphasized in this manner. Also pay
attention to all words in bold print. All key terms will be in bold print when
they are first used and defined.
3. Read the summary carefully. This will be your third exposure to the key con-
cepts. By now you should have internalized the information.
4. To make sure you have learned the information, when you have finished read-
ing a chapter reread the list of objectives given at the beginning of that chap-
ter to make certain you can answer each question. If you find yourself
stumped, find the appropriate material in the chapter and review it. Often
these questions will be used as essay questions during testing.
5. Review the key terms to be certain you can define each. These also are fre-
quently used as test items.
Note: The material we’ve selected to highlight using the triple-strength learn-
ing instructional design includes only the chapter’s key concepts. While this
information is certainly important in that it provides a structural foundation
for understanding the topic(s) discussed, you may not simply glance over the
“Do You Know?” highlighted boxes and summaries and expect to have mas-
tered the chapter. You are also responsible for reading and understanding the
material that surrounds these basics—the “meat” around the bones, so to
speak.
The text also provides an opportunity for you to apply what you have learned or
to go into specific areas in greater depth through discussion questions, InfoTrac
College Edition assignments and Internet assignments. Complete each of these
areas as directed by the text or by your instructor. Be prepared to share your find-
ings with the class. Good reading and learning!

Ancillaries
To further enhance your study of law enforcement and criminal justice, several
supplements are available:
쎱 Study Guide—A workbook that includes key concepts and terms, chapter
summaries with fill-in-the-blank questions, and practice test questions in
multiple-choice format.
쎱 The Criminal Justice Resource Center http://cj.wadsworth.com—An excep-
tional resource Web site containing links to over 3,000 popular criminal jus-
tice sites, jobs, news, and other interesting and relevant links.
xx Preface

쎱 Careers in Criminal Justice 2.0 Interactive CD-ROM—With this CD-ROM,

students can view video profiles of actual testimonials from people in the
field and link to the various career options in the criminal justice system while
also learning about job requirements and salaries.
Also included is FREE access to the Holland personalized self-assessment
test, designed to help students determine which careers best suit their inter-
ests, as well as tips on cover letters, resumes and interviews.
쎱 CNN Today Video Series—Exclusively from Thomson/Wadsworth, the CNN
Today Video Series offers compelling videos that feature current news footage
from the Cable News Network’s comprehensive archives. With offerings for
Introduction to Criminal Justice, Criminology, Juvenile Delinquency and
Corrections, each of these videotapes provides a varied collection of 2- to 10-
minute clips on such hot topics as police brutality, terrorism, high-tech crime
fighting tools, registering sex offenders, juveniles behind bars, elderly inmates
and much more. Available to qualified adopters, these videotapes are great
lecture launchers as well as classroom discussion pieces.
쎱 Crime Scenes CD-ROM—An interactive CD-ROM featuring six vignettes
allowing you to play various roles as you explore all aspects of the criminal
justice system.
쎱 Internet Investigator, Third Edition—A colorful trifold brochure listing the
most popular Internet addresses for criminal justice-related Web sites.
쎱 Seeking Employment in Criminal Justice and Related Fields, Fourth Edition—This
book provides specific information on many criminal justice professions,
helpful tips on resumes and cover letters, practical advice on interview tech-
niques and includes a free copy of the Careers in Criminal Justice CD-ROM,
Release 2.0.
Acknowledgments
We would like to thank the reviewers for the Eighth Edition: Lawrence Trostle,
University of Anchorage; Robert C. Wadman, Weber State University; and
William R. King, Bowling Green State University. For their valuable suggestions
for the previous editions of Introduction to Law Enforcement and Criminal Justice,
thank you to: William Castleberry, University of Tennessee–Martin; Lisa Kay
Decker, Indiana State University; Darek Niklas, Rhode Island College; Charles
Ousley, Seminole State College; James W. Robinson, Louisiana State
University–Eunice. Constance M. Bennett, Seminole Community College; Ken-
neth Bowser, Westfield State College; Roger Brown, Golden Valley Lutheran Col-
lege; Steven Brown, East Tennessee State University; William Castleberry, Univer-
sity of Tennessee–Martin; Lisa Kay Decker, Indiana State University; Vincent Del
Castillo, John Jay College of Criminal Justice; Rita Dorsey, Shelby Community
College; David G. Epstein, Brunswick Junior College; Chris W. Eskridge, Univer-
sity of Nebraska; Larry Gaines, Eastern Kentucky University; James N. Gilbert,
University of Nebraska; Larry A. Gould, Northern Arizona University; George
Green, Mankato State University; Martin A. Greenberg, Ulster County Commu-
nity College; Edmund Grosskopf, Indiana State University; Daniel Gunderson,
Chippewa Valley Technical College; Burt C. Hagerman, Oakland Community
College; Hill Harper, Valdosta State University; Larry W. Hensel, Tallahassee
Community College; Thomas Hinze, Riverland Community College; Robert G.
Huckabee, Indiana State University; Robert Ingram, Florida International Uni-
versity; Robert R. Ives, Rock Valley College; Paul H. Johnson, Murray State Uni-
versity; William Kelly, Auburn University; Leonard Luzky, Ocean City College;
Sidney A. Lyle, Odessa College; Michael Moberly, Southern Illinois University at
Carbondale; Glen Morgan, Lincolnland Community College; M. G. Neithercutt,
California State University—Hayward; James E. Newman, Police Academy, Rio
Hondo Community College; Darek Niklas, Rhode Island College; E. W. Oglesby,
Fullerton College; Charles Ousley, Seminole State College; Joseph Polanski, Sin-
clair Community College; Frank Post, Fullerton College; James W. Robinson,
Louisiana State University–Eunice; Jack Spurlin, Missouri Southern College;
James Stinchcomb, Miami Dade Community College; Jack Taylor, Oscar Rose
Junior College; Gary W. Tucker, Sinclair Community College; Larry Tuttle, Palm
Beach Junior College; Myron Utech, University of Wisconsin at Eau Claire; Tim
Vieders, Niagara County Community College; James Walsh, Mount San Jacinto
College; Douglas Watson, Northern Essex Community College; David A. Wilson,
Turnbull Police Department; Dawn B. Young, Bossier Parish Community College;
and Gay A. Young, Johnson County Community College.
We would also like to thank the survey respondents for the Eight Edition: Rob
Deu Pre, Clatsop Community College; Egan Green, University of Tennessee at
Martin; Pam Hart, Iowa Western Community College; Shihlung Huang, Fayet-
teville State University; Robert Hunt, Delta State University; David Jenks, Califor-
nia state University, Los Angeles; Wayne Longo, North Idaho College; Thomas

xxi
xxii Acknowledgments

Luzinski, Concordia University of Wisconsin; Ihekwoaba Onwudiwe, University

of Maryland, Eastern Shore; Jim Sandow, Triton College; Lynne Snowden, Uni-
versity of North Carolina at Wilmington; Roger Stielow, Troy State University.
Any errors in the text are, however, the sole responsibility of the co-authors.
A special thank you to Christine Hess Orthmann, content researcher and
writer, and for her careful proofreading of page proofs. Thank you also to Jay
Whitney, our editor; Jennifer Walsh, editorial assistant; Matt Ballantyne, produc-
tion editor at Wadsworth; Peggy Francomb, our production editor at Shepherd,
Inc.; and our families and colleagues for their support and assistance throughout
the evolution of this text.
About the Authors
Henry M. Wrobleski, LL.B., is the former coordinator of the Law Enforcement
Program at Normandale Community College. He is a respected author, lecturer,
consultant and expert witness with 30 years’ experience in law enforcement. He
is also the dean of instruction for the Institute for Professional Development and
is a graduate of the FBI Academy. Other Wadsworth texts Mr. Wrobleski has co-
authored are Introduction to Private Security, 4th ed. and Police Operations, 3rd ed.
Kären M. Hess, Ph.D., has written extensively in the field of law enforcement
and criminal justice. She has been a member of the English department at Nor-
mandale Community College as well as the president of the Institute for Profes-
sional Development. She is also a member of the Academy of Criminal Justice
Sciences (ACJS), the American Correctional Association (ACA), the American
Society for Law Enforcement Trainers (ASLET), the International Association of
Chiefs of Police (IACP), the National Institute of Justice (NIJ), and the Police
Executive Research Forum. In addition she is a fellow in the Textbook and Acad-
emic Authors’ Association (TAA).
Other Wadsworth texts Dr. Hess has co-authored are Constitutional Law, 3rd
ed.; Corrections in the 21st Century: A Practical Approach; Criminal Investigation, 7th
ed.; Criminal Procedure; Introduction to Private Security, 4th ed.; Juvenile Justice, 4th
ed.; Management and Supervision in Law Enforcement, 4th ed.; Community Policing:
Partnerships for Problem Solving, 4th ed.; Police Operations, 3rd ed.; and Careers in
Criminal Justice: From Internship to Promotion, 5th ed.

xxiii
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 Section I

THE EVOLUTION OF LAW

ENFORCEMENT AND CRIMINAL JUSTICE

T his section provides the background necessary to understand contempo-

rary law enforcement and its role within the criminal justice system and Ameri-
can society. Chapter 1 describes how law enforcement has evolved from ancient
times to the present. It traces the development of important federal agencies that
provide assistance to law enforcement and that also rely upon local law enforce-
ment to fulfill their missions. Of special importance in the twenty-first century is
the establishment of the Department of Homeland Security.
Chapter 2 explains how our system of laws evolved and the important role of
the U.S. Constitution and the Bill of Rights in this evolution. Several amend-
ments in the Bill of Rights guide how law enforcement functions and what it can
and cannot do. The inherent conflict between individual rights and the needs of
the country symbolized in the scales of justice and the resulting need for balanc-
ing crime control and due process are one focus of this chapter.
Chapter 3 details what has historically been the focus of law enforcement:
crime. Controlling crime has been a challenge since our country was founded.
Although our forefathers sought freedom, they also had a firm belief in law and
order. This chapter looks at the types of crime found in our country today and at
various theories of crime causation. The chapter also describes those who break
the law as well as the effect crime has on its victims. The change in focus from
punishing offenders to involving victims and the community to bring about
community justice is explained and sets the stage for the remaining chapters of
the text.
This page intentionally left blank
 Chapter 1

A Brief History:
The Evolution of Law
and Our Criminal Justice System
The farther backward you can look, the farther forward you are likely to see.
—Winston Churchill

Do You Know . . .
쎱 When and why law enforcement began?
쎱 The significance of the tithing system, the Frankpledge system, Leges Henrici, the
Magna Carta, the parish constable system and the Watch and Ward system?
쎱 The origins of features of our criminal justice system, such as general alarms and
citizen’s arrests? The offices of constable, sheriff and justice of the peace?
쎱 The origins of local responsibility for law enforcement? Division of offenses into
felonies and misdemeanors? Jury by peers and due process? Paid law
enforcement officers? Women in law enforcement?
쎱 What significant contributions Sir Robert Peel made to law enforcement?
쎱 Where and when the first police department was established in England and what
it was called?
쎱 What systems of law enforcement were brought from England to colonial New
England and the South?
쎱 When and where the first modern American police force began and what it was
modeled after?
쎱 What the vigilante movement was and why it occurred?
쎱 When and how federal and state law enforcement agencies originated in the
United States?
쎱 Who the chief law enforcement officer at the federal level is?
쎱 What the first modern state police agency was and when it was established?
쎱 What the five levels of law enforcement are?
쎱 What three eras of policing have been identified? The main characteristics of each?
쎱 What effect the spoils system had in the 1900s?
쎱 What the Pendleton Act accomplished?
쎱
What effect the Equal Employment Opportunity Act had?
쎱 What four phases of development the juvenile justice system has gone through?
쎱 What was established by the Juvenile Court Act of 1899? 3
4 Section I: The Evolution of Law Enforcement and Criminal Justice

Can You Define?

Bow Street Runners Magna Carta professional model shire-reeve
community era one-pot approach rattle watch shires
constable parens patriae reactive slave patrols
Frankpledge system parish reeve spoils system
Hue and Cry parish constable reform era tithing
hundreds system regulators tithing system
law political era riot act vigilante
Leges Henrici proactive sheriff Watch and Ward
lex talionis

Introduction
The heritage of law enforcement is a source of pride, as well as a guide to avoid-
ing mistakes in the future. Specific dates and events are not as important as
acquiring a sense of the sequence or chronology of how present-day laws and our
system of law enforcement came into existence. Law is a body of rules for human
conduct enforced by imposing penalties for their violation. Technically, laws are
made and passed by the legislative branches of our federal, state, county and city
governments. They are based on customs, traditions, mores and current need.
Law implies both prescription (rule) and enforcement by authority. In the
United States, those who enforce the laws are not the same as those who make
them. Historically, in other countries, this was not the case. Often rulers both
made and enforced the laws.
This chapter discusses primitive and ancient law and its influence on the
development of English law and law enforcement. This is followed by an
overview of the evolution of law enforcement in England from the Anglo-Saxon
tithing system, through the Norman Frankpledge system and on through the cen-
turies up to the establishment of the London Metropolitan Police in 1829, the
development of city and borough police forces and the entrance of women into
law enforcement in England.
Next the continued evolution of the criminal justice system in the United
States is described, beginning with a discussion of early law enforcement, includ-
ing the first police forces and slave patrols, the city police and the vigilante move-
ment. This is followed by a description of the various federal, state, county and
local agencies established over the years. Next the overlap in these agencies is dis-
cussed, followed by a description of the three eras of policing: the political era,
the reform era and the community era. The chapter concludes with a brief his-
torical overview of the evolution of our juvenile justice system and a recap of
important dates in police history.

Primitive and Ancient Law

Law enforcement can be traced back to the cave dwellers, who were expected to
follow certain rules or face banishment or death. The customs depicted in early
cave-dwelling drawings may represent the beginning of law and law enforcement.
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 5

Image not available due to copyright restrictions

The prehistoric social order consisted of small family groups living together
as tribes or clans. Group living gave rise to customs everyone was expected to
observe. The tribe’s chief had executive, legislative and judicial powers and often
appointed tribe members to perform special tasks, such as serving as a bodyguard
or enforcing edicts. Crimes committed against individuals were handled by the
victim or the victim’s family. The philosophy of justice was retaliatory: punish the
offender. A person who stole the game from a neighbor’s traps could expect to
pay for the crime by being thrown into a pot of boiling oil or a cage of wild
beasts. Other common punishments for serious offenses were flaying, impale-
ment, burning at the stake, stoning, branding, mutilation and crucifixion.
A system of law and law enforcement began earlier than 2000 B.C. as a means to
control human conduct and enforce society’s rules. Keeping the peace was the
responsibility of the group.

The earliest record of ancient people’s need to standardize rules and methods
of enforcement to control human behavior dates back to approximately
2300 B.C., when the Sumerian rulers Lipitshtar and Eshumma set standards on
what constituted an offense against society. A hundred years later, the Babylon-
ian King Hammurabi established rules for his kingdom designating not only
offenses but punishments as well. Although the penalties prescribed were often
barbaric by today’s standards, the relationship between the crime and the pun-
ishment is of interest (see Figure 1.1). The main principle of the code was that
“the strong shall not injure the weak.” Hammurabi originated the legal principle
of lex talionis—an eye for an eye.

Egypt
The first accounts of a developing court system came from Egypt in approxi-
mately 1500 B.C. The court system was presided over by judges appointed by the
pharaoh. About 1000 B.C. in Egypt, public officers performed police functions.
Their weapon and symbol of authority was a staff topped by a metal knob
engraved with the king’s name. The baton carried by the modern police officer
may have its origin in that staff.
6 Section I: The Evolution of Law Enforcement and Criminal Justice

Greece
The Greeks had an impressive form of law enforcement called the ephori. Each
year at Sparta a body of five ephors was elected and given almost unlimited pow-
ers as investigator, judge, jury and executioner. These five men also presided over
the Senate and Assembly, assuring that their rules and decrees were followed.
From the Greek philosopher Plato, who lived from 427 to 347 B.C., came the idea
that punishment should serve a purpose other than simple retaliation.

Rome
Like the Greeks, the Romans had a highly developed system to administer justice.
The Twelve Tables, the first written laws of the Roman Empire, were drawn up by
10 of the wisest men in Rome in 451 and 450 B.C. and were fastened to the speak-
ers’ stand in the Roman Forum. The tables dealt with legal procedures, property
ownership, building codes, marriage customs and punishment for crimes.
At about the time of Christ, the Roman emperor Augustus chose members
from his military to form the Praetorian Guard to protect the palace and the
Urban Cohort to patrol the city. Augustus also established the Vigiles of Rome.
Initially assigned as firefighters, they were eventually given law enforcement
responsibilities. As the first civilian police force, the Vigiles sometimes kept the
peace very ruthlessly. The word vigilante derives from these Vigiles.
Another important contribution from the Roman Empire was the Justinian
Code. Justinian I, ruler of the eastern Roman Empire from A.D. 527 to 565, col-
lected all existing Roman laws. They became known as the Corpus Juris Civilis,
meaning “body of law.”

English Law and Law Enforcement

The beginnings of just laws and social control were destroyed during the Dark
Ages as the Roman Empire disintegrated. Germanic invaders swept into the old
Roman territory of Britain, bringing their own laws and customs. These invaders
intermarried with those they conquered, the result being the hardy Anglo-Saxon.

The Anglo-Saxons and the Tithing System

The Anglo-Saxons grouped their farms around small, self-governing, self-policed
villages. When criminals were caught, the punishment was often severe. Some-
times, however, the tribe would let offenders prove innocence through battle or
through testimony by other tribespeople willing to swear that the accused was
innocent. Additionally, the tribe sometimes allowed criminals to pay a fine for
committing a crime or to work off the debt.
Over time, the informal family groupings became more structured. Alfred the
Great (A.D. 849 to 899) established that all freemen belonged to an association
binding them with a certain group of people. If one person in the group com-
mitted a crime and was convicted, all group members were responsible for the
person’s fine. Consequently all group members were careful to see that no one in
the group broke the law. Every male, unless excused by the king, was enrolled in
a group of 10 families known as a tithing. To maintain order they had a chief
tithingman who was the mayor, council and judge in one. Society was so basic
that it enforced only two laws: laws against murder and theft.
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 7

The tithing system established the principle of collective responsibility for

maintaining local law and order.

Any victim or person who discovered a crime would put out the Hue and Cry,
for example, “Stop, thief!” Those hearing the cry would stop what they were
doing and help capture the suspect.
The Hue and Cry may be the origin of the general alarm and the citizen’s arrest.

When capture was made, the suspect was brought before the chief tithingman,
who determined innocence or guilt plus punishment. Theft was often punished
by working off the loss through bondage or servitude—the basis for civil law,
restitution for financial loss (Lunt, 1938).
If a criminal sought refuge in a neighboring village, that village was expected
to return the criminal for punishment. This cooperation among villagers eventu-
ally resulted in the formation of hundreds, groups of 10 tithings. The top official
of the hundred was called a reeve.
The hundreds also elected a constable to lead them in pursuit of any lawbreakers.
The constable was the first English police officer and had charge of the community’s
weapons and horses. Finally, the hundreds were consolidated into shires or counties.
The head of the shire was called the shire-reeve, the forerunner of our county sheriff.

The shire-reeve acted as both police officer and judge, traveling from hundred
to hundred. The shire-reeve had the power of posse comitatus, meaning he could
gather all the men of a shire together to pursue a lawbreaker, a practice that was
the forerunner of our posse.

The Norman Frankpledge System

In 1066 William the Conqueror, a Norman, invaded and conquered England.
As king of the conquered nation, William was too concerned about national
security to allow the tithings to keep their system of home rule. He established
55 military districts, each headed by a Norman shire-reeve who answered
directly to the crown. The Normans modified the tithing system into the
Frankpledge system.
The Frankpledge system required loyalty to the king’s law and mutual local
responsibility of all free Englishmen to maintain the peace.

William also decided that shire-reeves should serve only as police officers. He
selected his own judges, who traveled around and tried cases, forerunners of our
circuit judges, in effect separating the law enforcement and judicial roles.

The Twelfth Century

William’s son, Henry I, ruled England from 1100 to 1135 and issued the Leges
Henrici, establishing arson, robbery, murder and crimes of violence as being
against the king’s peace. This set the precedent that for certain crimes a person is
punished by the state rather than by the victim.
The Leges Henrici made law enforcement a public matter and separated offenses
into felonies and misdemeanors.
8 Section I: The Evolution of Law Enforcement and Criminal Justice

Henry I’s reign was followed by many years of turmoil, which lasted until
Henry II became king in 1154.
Henry II established the jury system.

Henry II’s jury system, called an inquisition, required people to give informa-
tion to a panel of judges who determined guilt or innocence.
For the next 100 years, kings appointed enforcement officers to meet their
needs. When John became king in 1199, he abused his power by demanding
more military service from the feudal class, selling royal positions to the highest
bidder and increasing taxes without obtaining consent from the barons—actions
all contrary to feudal custom. In addition, John’s courts decided cases according
to his wishes, not according to law.
In 1213 a group of barons and church leaders met to call for a halt to the
king’s injustices. They drew up a list of rights they wanted King John to grant
them. After the king refused on two separate occasions, the barons raised an army
and forced him to meet their demands. On June 15, 1215, King John signed the
Magna Carta.

The Magna Carta

Our modern system of justice owes much to the Magna Carta, a decisive docu-
ment in the development of England’s constitutional government.
The Magna Carta, a precedent for democratic government and individual rights, laid
the foundation for requiring rulers to uphold the law; forbade taxation without
representation; required due process of law, including trial by jury; and provided
safeguards against unfair imprisonment.

The Magna Carta contained 63 articles, most requiring the king to uphold
feudal law. Article 13 restored local control to cities and villages, a fundamental
principle of American law enforcement. Another article declared that no freeman
should be imprisoned, deprived of property, sent out of the country or destroyed
except by the lawful judgment of peers or the law of the land. The concept of due
process of law, including trial by jury, developed from this article.

The Next 500 Years

Several interesting developments in law enforcement occurred in the following
centuries. In 1285 King Edward I established a curfew and night watch program
that allowed for the gates of Westminster, then capital of England, to be locked,
keeping the city’s occupants in and unwanted persons out. Bailiffs were hired as
night watchmen to enforce the curfew and guard the gates. Edward I also man-
dated that groups of 100 merchants be responsible for keeping peace in their dis-
tricts, again making law enforcement a local responsibility. This system of law
enforcement, called the Watch and Ward, provided citizens protection 24 hours
a day, with the day shift called ward and the night shift watch.
An ever-increasing population and a trend toward urbanization led law
enforcement to become truly a collective responsibility. If a man’s next-door
neighbor broke the law, the man was responsible for bringing the lawbreaker
before the shire-reeve. The hundred decided yearly who would be responsible for
maintaining law and order, with responsibility rotated among community mem-
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 9

bers. Inevitably some people paid other members to serve in their place, begin-
ning a system of deputies paid to be responsible for law and order. The paid
deputy system was then formalized so that those whose turn it was to pay met and
appointed the law enforcers. The abuse of citizen duty to serve as watchmen was
pervasive, however, and led to petty thieves and town drunks serving as watchmen.
During the fourteenth century, the shire-reeve was replaced by the justice of the
peace.

The justice of the peace was assisted by the constables and three or four men
knowledgeable of the country’s laws. At first the justice of the peace was involved
in both judicial matters and law enforcement, but later his powers became strictly
judicial. The justice of the peace eventually became the real power of local gov-
ernment (Lunt).
With the passing of feudal times and the rise in the power of the church, the
unit of local government in rural areas progressed from the hundred to the
parish, the area in which people lived who worshipped in a particular church.
Each year the parish appointed a parish constable to act as their law officer. This
system of maintaining law and order in rural Britain lasted from the Middle Ages
until the eighteenth century.
During the Middle Ages, the parish constable system was used for rural law
enforcement; the Watch and Ward system was used for urban law enforcement.

Developments in urban England required a different system of law enforce-

ment. With urbanization came commerce, industry and a variety of buildings
usually made of wood, since England was primarily forest land. For fire preven-
tion purposes the town guild appointed men who patrolled at night on fire
watch. They assumed the coincidental responsibility of preventing people from
breaking into houses and shops.
Although the Watch and Ward system was primitive and not very effective, it
was adequate until the Industrial Revolution (1750) began. About the same time,
famine struck the rural areas, and large numbers of people moved from the coun-
try into the towns seeking work in weaving and knitting mills and in factories.
Many, however, failed to find work, and England experienced much unemploy-
ment, poverty and crime.
In addition, political extremists often incited mobs to march on Parliament.
The government had no civil police force to deal with mob violence, so it ordered
a magistrate to read the riot act, permitting the magistrate to call the military to
quell the riot. This is the forerunner of today’s gubernatorial authority to call out
state’s National Guard in times of rioting or violent strikes.
The use of a military force to repress civil disobedience did not work very well.
Soldiers hesitated to fire on their own townspeople, and the townspeople, who
actually paid the soldiers’ wages, resented being fired on by soldiers they had
hired to protect them.
In addition to unemployment, poverty and resentment against the use of mil-
itary force, the invention of gin and whiskey in the seventeenth century and the
subsequent increase in the liquor trade also caused a rise in violent crimes and
theft. Because many constables were employed in the liquor trade, they often did
not enforce regulations governing taverns and inns. Furthermore the London
watchmen were highly susceptible to bribes and payoffs.
10 Section I: The Evolution of Law Enforcement and Criminal Justice

Henry Fielding and the Bow Street Runners

In 1748 Henry Fielding, lawyer, playwright and novelist, was appointed chief mag-
istrate of Bow Street in policeless London. Fielding fought for social and criminal
reform. He defied the law by discharging prisoners convicted of petty theft, giving
reprimands in place of the death penalty and exercising general leniency.
Fielding wrote and published pamphlets and books about London’s poverty-
stricken inhabitants and the causes of crime, calling for an understanding and
lessening of their suffering. He also urged that magistrates be paid a salary rather
than depending on fees and fines for their income.
During this time thieves and robbers moved freely in London’s streets, loot-
ing and rioting. Although such riots inevitably brought soldiers, they sometimes
did not arrive for two or three days. Fielding suggested that citizens join together,
go into the streets and trace the perpetrators of crime and instigators of mob vio-
lence before they committed crimes or caused destruction. Such views made Field-
ing one of the earliest advocates of crime prevention.
Fielding was also instrumental in establishing the Bow Street Runners, the
first detective unit in London. This amateur volunteer force, under Fielding’s
direction, swept clean the Bow Street neighborhood. When these runners proved
successful, other units were organized. Foot patrols of armed men guarded the
city’s streets, and a horse patrol combated highway robbery on the main roads up
to 25 miles from Bow Street.
Although the Bow Street Runners and patrols greatly improved control in
the Bow Street area, other parts of London were overwhelmed by the impact of
the Industrial Revolution. Machines were taking the place of many jobs, caus-
ing unemployment and poverty. The cities were developing into huge slums,
and the crime rate soared. Children were often trained to be thieves, and for the
first time in England’s history, juvenile delinquency became a problem. Devel-
opments in England had a great influence on the juvenile justice system that
would later develop in the United States. Citizens began carrying weapons, and
the courts used long-term prison sentences, resulting in overcrowded jails and
prisons. Punishments were also severe, with more than 160 crimes punishable
by death.
Despite the rampant crime, however, most Londoners resisted an organized
police force, seeing it as restricting their liberty. They had fought hard to over-
come the historical abuse of military power by English kings and resisted any
return to centralized military power. Then, in 1819 and 1820, two contrasting
incidents helped people change their minds. The first was the Peterloo Massacre,
an attack by armed soldiers on a meeting of unemployed workers that left 11 peo-
ple dead and hundreds injured. This incident vividly illustrated the danger of
using soldiers to maintain peace. In contrast, in the second incident, the Bow
Street Runners broke up a conspiracy to murder a number of government offi-
cials. When the conspirators were executed, people saw that actions by profes-
sional peacekeepers could prevent a major insurrection.
In addition to rampant crime, Parliament was also concerned about poverty,
unemployment and general conditions. Five parliamentary commissions of
inquiry met in London between 1780 and 1820 to determine what should be done
about the public order. It was not until Sir Robert (Bobbie) Peel was appointed
Home Secretary that the first constructive proposal was brought before Parliament.
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 11

AP/Wide World Photos

During the first few years of reform, Peel encountered strong opposition. In addition to this
opposition, Peel faced the problem of finding a building for the newly created London Police.
He chose an abandoned building built many years before for visiting Scottish nobility. This
building became known the world over as Scotland Yard, as immortalized by A. Conan Doyle
in his Sherlock Holmes mysteries.

Peelian Reform
Sir Robert Peel, often referred to as the “father of modern policing,” proposed a
return to the Anglo-Saxon principle of individual community responsibility for
preserving law and order.
Peel’s principles for reform called for local responsibility for law and order;
appointed, paid civilians to assume this responsibility; and standards for these
individuals’ conduct and organization. His proposals led to the organization of the
Metropolitan Police of London in 1829.

The name police, introduced into England from France, is derived from the
Greek word polis meaning “city.” The principles of Peelian reform stated:
쎱 Police must be stable, efficient and organized militarily.
쎱 Police must be under governmental control.
쎱 The deployment of police strength by both time and area is essential.
쎱 The securing and training of proper persons is at the root of efficiency.
쎱 Public security demands that every police officer be given a number.
쎱 Police headquarters should be centrally located and easily accessible.
쎱 Policemen should be hired on a probationary basis.
쎱 The duty of police is to prevent crime and disorder.
쎱 The test of police efficiency is the absence of crime and disorder, not the vis-
ible evidence of police action in dealing with these problems.
쎱 The power of the police to fulfill their duties is dependent on public approval
and on their ability to secure and maintain public respect.
쎱 The police should strive to maintain a relationship with the public that gives
reality to the tradition that the police are the public and the public are the police.
12 Section I: The Evolution of Law Enforcement and Criminal Justice

Peel’s principles became the basis of police reform in many large cities in
America. In addition, one of Peel’s first steps was to introduce reform that abol-
ished the death penalty for more than 100 offenses.

London Metropolitan Police (1829)

British police historian Critchley (1967, p.52) states: “From the start, the police
was to be a homogeneous and democratic body in tune with the people, and
drawing itself from the people.” The London Metropolitan Police, called “bob-
bies” after Sir “Bobbie” Peel, were uniformed for easy identification—top hats,
three-quarter-length royal blue coats and white trousers—and were armed only
with truncheons. Their primary function was crime prevention through patrol.
Unfortunately the London Metropolitan Police were not popular. Soon after
the force went on street duty in 1829, a London mob assembled to march on Par-
liament. A police sergeant and two constables asked the mob leaders to send their
people home. Rather than dispersing, the mob attacked the sergeant and consta-
bles, killing the sergeant and critically injuring the constables. A jury of London
citizens, after hearing evidence clearly indicative of murder, returned a verdict of
justifiable homicide. In time, however, police officers discharging their duties
with professional integrity created a respect for the law.

City and Borough Police Forces (1835)

Broad public use of the steam engine and railways and better roads helped move
many criminals from London to provincial cities, such as Birmingham, Liverpool
and Manchester. Soon the citizens of these cities demanded some police organi-
zation similar to London’s. In 1835 Parliament enacted legislation allowing (but
not requiring) every city or borough (unincorporated township) of more than
20,000 people to form a police force.

Women Enter Law Enforcement

In 1883 the London Metropolitan Police appointed two women to supervise women
convicts. Their numbers and functions later expanded.

In 1905 a woman was attached to the London Metropolitan Police force to con-
duct inquiries in cases involving women and children. Each year several more
police matrons were hired.

Early Law Enforcement in the United States

When the English colonists came to America, they brought with them many tra-
ditions, including traditions in law enforcement. From the beginning they were
concerned with avoiding anarchy:
As the Mayflower rode at anchor off Cape Cod, some of the passengers threat-
ened to go out on their own, without any framework of government. To avoid
this threat of anarchy, the Mayflower Compact [1620] agreed that: “We . . .
doe . . . solemnly and mutually . . . covenant and combine our selves
together into a civil body politike for our better ordering and preservation . . .
and by vertue hereof to enact . . . such just and equall lawes . . . unto
which we promise all due submission and obedience” (Gardner, 1985, p.26).
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 13

The early colonial American settlements relied heavily on self-policing to

assure the peace. Communal pressure was the backbone of law enforcement. The
colonists were of similar background, most held similar religious beliefs, and
there was actually little worth stealing. The seeds of vice and crime were present,
however, as noted by Perry (1973, p.24):
These colonists were far from the cream of European society; in many cases
they represented the legal and religious castoffs. (Persons found guilty of crim-
inal or religious offenses who were banished from Europe and exported to the
New World.) Their migration served the dual purpose of removing socially
undesirable persons from the Mother country and providing manpower for
the outposts of imperial expansion.

Many features of British law enforcement were present in early American

colonial settlements. In New England, where people depended on commerce and
industry, the night watchman or constable served as protector of public order. In
the South, where agriculture played a dominant role, the office of sheriff was
established as the means of area law enforcement. Most watchmen and sheriffs
were volunteers, but many were paid to serve in the place of others who were to
patrol as a civic duty.
New England adopted the night watchman or constable as the chief means of law
enforcement; the South adopted the office of sheriff.

Many different types of law enforcement were tried in different parts of the
country. Almost all used some kind of night watch system, with little or no pro-
tection during the day. The fastest-growing municipalities were the first to orga-
nize legal forces.

The First U.S. Police Forces

The first police forces in the United States were developed in Boston, New York
and Los Angeles.
Boston In 1631 the Boston court established a six-man force to guard the city
from sunset to sunup, the first night watch in America. In 1636 a town watch was
created and stayed in effect for more than 200 years. At first the primary function
was to ring a bell in case of fire. In 1702 the police were to patrol the streets in
silence. In 1735 they were required to call out the time of day and the weather.
New York The first colonists in New York, then called New Amsterdam, were the
Dutch who settled on Manhattan Island’s south end. In 1643 a “burgher guard”
was formed to protect the colony. Then, in 1653, New Amsterdam became a city
(population 800), and the burgher guard was changed to a rattle watch, a group
of night-patrolling citizens armed with rattles to call for help (Bailey, 1989, p.346).
In 1664 the British took over New Amsterdam and renamed it New York.
Thirty years later the first uniformed police officers replaced the nighttime rattle
watch, and four years after that New York’s streets were lighted.
The system of watchmen was very ineffective. Often the watchman was sen-
tenced to patrol as a form of punishment for a misdemeanor. In addition citizens
could avoid watch duty by hiring someone to take their places. Wealthy citizens
came to rely on hiring others, and the men they hired then hesitated to invoke
their authority against the well-to-do. By the mid-1700s New York City’s night
14 Section I: The Evolution of Law Enforcement and Criminal Justice

watch was “a parcel of idle, drinking, vigilant snorers, who never quell’d any noc-
turnal tumult in their lives; . . . but would, perhaps, be as ready to join in a bur-
glary as any thief in Christendom” (Richardson, 1970, p.10).
Due to a continuing increase in crime during the day, New York City hired an
assortment of watchmen, fire marshals and bell ringers to patrol both day and
night. In 1844 a paid day watch was established, consisting of 16 officers
appointed by the mayor.

In 1844 New York City established the first modern round-the-clock, paid American
city police force, modeled after London’s Metropolitan Police.

Soon other cities followed suit, including Chicago, Cincinnati, New Orleans,
Philadelphia, Boston, Baltimore and San Francisco.
Although patterned after the London Metropolitan Police, New York police
officers protested wearing uniforms. Not until 12 years later did the New York
police adopt a full police uniform and become the first uniformed law enforce-
ment agency in the country. Likewise, although Fielding established the Bow
Street Runners (the first detective unit) in 1750, more than 100 years passed
before American police agencies recognized a need for detective units. In 1866
Detroit established the first detective bureau, followed by New York in 1882 and
Cincinnati in 1886. Other important differences from the London police were
that police in the United States were armed and they were under local, not
national, control.
Los Angeles In 1850 California became a state, and Los Angeles incorporated
as a city with a population of 1,610. During its first year, the city elected a mayor,
a city marshal and a sheriff:

The duties assumed by the sheriff and marshal included the collection of local
taxes. The sheriff ‘s obligations required him to traverse a vast area on horse-
back, fighting bands of Indians and marauding desperadoes. Lacking paid
assistants, the marshal was permitted to deputize citizens whenever necessary
to maintain order (Bailey, pp.310–316).

In 1853 the city council established a police force of 100 volunteers, called the
Los Angeles Rangers. Four years later they were replaced by the Los Angeles City
Guards, who were charged with maintaining the peace. Finally, in 1869, the
police force changed from a voluntary organization to a paid department.

Slave Patrols
Law enforcement in the South evolved differently. By 1700 most Southern
colonies, concerned about the dangers posed by oppressed slaves, established a
code of laws to regulate slaves, for example prohibiting slaves from possessing
weapons, congregating in groups, resisting punishment or leaving the plantation
without permission.
Not surprisingly, many slaves resisted their bondage, attempting to escape or
lashing out through criminal acts or revolts. The threat of harm by slaves was
compounded by their growing number; in some Southern states, blacks out-
numbered whites by more than 2 to 1. The white colonists’ fear of this large and
potentially dangerous slave population led to the creation of special enforcement
officers—slave patrols (Reichel, 1999, p.82). By the mid-1700s, every Southern
 Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 15

colony had a slave patrol, most of whom were allowed to enter any plantation
and break into slaves’ dwellings, search slaves’ persons and possessions at will
and beat and even kill any slaves found violating the slave code. Asirvatham
(2000, p.2) states:
Twentieth-century Southern law enforcement was essentially a direct out-
growth of the 19th-century slave patrols employed to enforce curfews, catch
runaways and suppress rebellion. Even later on, in Northern and Southern
cities alike, “free men of color” were hired as cops only to keep other African
Americans in line [enforcing Jim Crow laws supporting segregation]. Until the
1960s black cops, by law or by custom, weren’t given powers of arrest over
white citizens, no matter how criminal.

Evolution of the City Police

When city police were first established, their only contact with their departments
was face-to-face meetings or messengers. One early means of communication was
a telephone pole light system to notify police of a call awaiting response. During
the 1850s, however, telegraph networks linked police headquarters directly with
their districts. Several decades later a modified telegraph system linked the patrol
officers directly to the station. A fire alarm system, first introduced in Boston, was
adopted for police use. Call boxes placed on city street corners were equipped
with a simple lever that signaled the station that the officers were at their posts.
A bell system was added that allowed the patrol officers to use a few simple sig-
nals to call an ambulance, a “slow wagon” for routine duties or a “fast wagon”
for emergencies. The introduction of a special “Gamewell” telephone into the call
box in 1880 made this a two-way communication system, greatly improving con-
tact between patrol officers and their station houses.
The Civil War brought new social control problems. As centers of population
became increasingly urbanized, fringe areas became incorporated suburbs of the hub
city. These newly developed fringe cities had their own police forces, which fostered
complex, uncoordinated relationships, compartmentalization and inefficiency.
Although cities developed police departments and maintained a certain level
of law and order, this was not the case in many areas, especially the frontiers. In
such areas Americans came to rely upon vigilante groups for law and order.

The Vigilante Movement

In response to the absence of effective law and order in frontier regions, as many
as 500 vigilante movements were organized between 1767 and 1900 (Klockars,
1985, p.30).
The vigilante movement refers to settlers taking the law into their own hands in the
absence of effective policing.

The first American vigilante movement occurred from 1767 to 1769 in South
Carolina:
The disorder in the South Carolina back country of the 1760s was typical of
later American frontier areas. . . . Outlaws, runaway slaves, and mulattoes
formed their own communities where they enjoyed their booty. . . . By 1766
and 1767 the back country was in the grip of a “crime wave,” and the outlaws
were almost supreme (Brown, 1991, p.61).
Exploring the Variety of Random
Documents with Different Content
at the lives of the rich men of the world — the multi-millionaires.
How many of them began life with wealth, education, influential
friends?
 THE ART OF GETTING RICH 387 The world is changing its
thought; in the past, those who believed in The Art of Getting Rich,
were among the isolated few, and were looked upon with suspicion
by the many; in the present, the great majority desire to take
advantage of "Opportunity" and most of these believe it is possible.
This change of thought is due to the fact, that earnest men and
women, are fast eliminating the term "impossible" from their
vocabulary. Many are now convinced that life is not made for poverty
and disease ; they now believe that these are but a temporary
creation of man gone astray. They do not believe that this world is a
"vale of tears," nor that we must suffer in the present in order that
we may gain bliss in the future. We do not gather figs from thistles,
neither can a life of poverty and disease be the direct cause of a life
of pleasure. It is an immutable law that like causes produce like
effects, and many are beginning to intelligently use this laiv in
shaping their life and destiny. The SMTce of all riches is within. There
is no more difficulty in becoming rich than there is in becoming
clever in a business or profession, only some men find the secret
more easily than others. Adverse circumstances never yet held down
a man who was determined to rise. The more insuperable the
difficulties the more powerful has the man become who has
emerged from them. All the enemies a man has to contend with are
of his own creation. One by one he can vanquish them if he wilk
What man has done man can do. What is the one desideratum in
the acquirement of wealth ? Talent ? Not exactly. Some very talented
men have been very poor. Education ? No, there are plenty of
educated men miserably poor. Trust in ourselves must come first.
After that all is secondary. This is the common asset of every
wealthy man. Luck, fate, chance, opportunity have no claim to
consideration. All men and women, with very few exceptions, are
hypnotized by them. Opportunity, surely, you may say, plays some
part ? Contrast the two following opinions respecting "opportunity"
on the next page. The opinion expressed in the first you are
probably familiar with, but the opinion expressed in the second is
not so well known :
 388 THE MASTER KEY OPPORTUNITY. The First Opinion.
Master of human destinies am I, Fame, love, and fortune on my
footsteps wait Cities and fields I walk : I penetrate Deserts and seas
remote, and passing by Hovel, and mart, and palace — soon or late
I knock unbidden once at every gate. If sleeping, wake — if feasting,
rise before I turn away. It is the hour of fate. And they who follow
me reach eveiy state Mortals desire, and conquer every foe Save
death : but those who doubt or hesitate, Condemned to failure,
penury, and woe ; Seek me in vain and uselessly implore — / answer
not, and I return no more. OPPORTUNITY. The Second Opinion.
They do me wrong who say I come no more When once I knock and
fail to find you in ; For every day I stand outside your door. And bid
you wake, and rise to fight and win. Wail not for precious chances
passed away. Weep not for golden ages on the wane ; Each night I
bum the records of the day, At sunrise every soul is born again. Dost
thou behold thy lost youth all aghast ? Dost reel from righteous
retribution's blow ? Then turn from blotted achives of the past. And
find the future's pages white as snow. Art thou a mourner? Rouse
thee from thy spell; Art thou a sinner? Sins may be forgiven; Each
morning gives thee wings to flee from hell. Each night a star to
guide thy feet to heaven ! Laugh like a boy at splendors that have
sped. To vanished joys be blind and deaf and dumb ; My judgments
seal the dead past with its dead, But never bind a moment yet to
come. Though deep in mire, wring not your hands and weep ; / lend
my arm to all who say: '7 can." No shamefaced outcast ever sank so
deep But yet might rise and be again a man.
 THE ART OF GETTING RICH 389 In the first opinion
opportunity is shown as coming, or knocking but once at every
mortal's door, and if you follow it you will reach every state mortals
desire, save death; but if you hesitate you are condemned to failure,
penury and woe. You seek opportunity in vain; it answers not, and
returns no more if you fail to take advantage of it. In the second
opinion it is shown that opportunity stands outside and knocks every
day at man's door, and bids him wake and rise up to fight and win.
Opportunity is also shown as lending its arm to all who say, '7 can/'
and that you can rise again and he a man. Needless to say that the
writer believes literally in the opinion of opportunity, as set forth in
the second opinion, and that those who have faith and confidence in
themselves take advantage of opportunity whenever it comes.
Sincere, honest desire is the star that leads one to opportunities ;
while "faith and belief in one's self enables the confident man or
woman to take advantage of "the opportunity," at any time. Right
here, faithful student, I again ask you to read all of this chapter over
again, for the ideas being new will require some repetition before
they can effectually bring you to take action. But you may object
and say, I am only an average sort of a person, I am not gifted with
any special ability. This is because you have not "discovered"
yourself. You have got it into your head that having grown up you
are what you were as a child, plus the result of experience and
environment. But you are infinitely more than this, as I have already
shown. Your abilities are latent, like the strength that lies coiled up
potentially in the muscles of everyone. It is action which brings forth
the strength. So it is putting into practice the abilities that you will
evoke from yourself that will enable you to reach the goal you have
in view. Ability is undeniably required in building up a fortune, but
this ability may be cultivated. You were perhaps put into some
business because either your father was in it before you, or you
thought you would like it. At twenty or thirty one does not always
know what one likes ; sometimes one does not discover one's life-
work till forty and after that age — and then one thinks that as one
is doing that kind of work it would be better perhaps to go on doing
it for all time. How is it possible to find out what is in one, when that
attitude is taken ? "The
 890 THE MASTER KEY Great Within" has never been
suspected except in the case of our great men, yet in this is a literal
and figurative gold mine for every human being. Millions pass
through life never suspecting diat as one of the wise books of the
East says : "Within thyself must deliverance be sought/* Hero-
worship Diminishes Heroes; every man is potentially a hero, or a
great man, in some direction or other, but it usually requires a crisis
to make the fact patent. No sane man dare place a limit on man's
powers, for, as a matter of exact science, no limit has ever been f
oimd. The oldest, and, at the same time, newest of sciences —
psychology — ^has never had a fair trial. Its consideration has
always been a purely academic one, never dreaming that it had
another side, and tfiat it was one of the most practical and matter-
of-fact sciences of which we had any conceptions. By trusting in
yourself you provide those conditions which will reveal and bring
forth your ability. No two human minds are the same, and if you
regard yourself as con^nonplace your mind has taken you at your
own estimate until all you think and do is commonplace, lacking
resource, initiative, originality. The habit of trusting in yourself, of
believing you are capable of much more will enable the mind within
to give you new light on problems around you, and that indefinite
thing — ability, will grow day by day. It may sound strange to learn
that man has power to create any circumstances he desires, but it is
nevertheless a fact, and is being demonstrated constantly by
students who have taken up practical metaphysics. Generally the
fault is that a man does not know what he really does desire. This
week or year it is this thing, next year it is something else, hence he
rarely realizes his ideals. The man who would be wealthy must let
this thought dominate his whole being. He must satisfy himself that
he really does know what he desires. Too many people entertain a
vague feeling that they would like this, that, or the other : this
attitude must be altered. They must examine themselves carefully
and find out what they actually do want first. It would be foolish to
say: "I should like to be rich," without having something to be rich
for. If a Hottentot were given a cheque for one hundred thousand
dollars it would not raise him in the slightest; if it were given to
many a civilized man it would spell physical and moral
 THE ART OF GETTING RICH 391 ruin. No, a man who
would be rich must have evolved sufficiently in order to have a use
for those riches. If he has no leanings to culture, to travel, to
surround himself with the beautiful, to express outwardly what
marks his growth inwardly, or no wish to benefit those of his fellow-
creatures who have not reached the same point he has, then the
pursuit would be abortive and unmoral, for all men are brothers; all
have a common origin, and whatever raises one without in some
measure raising his fellows re-acts prejudicially. The imrest of the
modem world is struggling to voice this fact. The smarting sense of
injustice to one section of the community through its inability to
protect itself from the rapacity of another section becomes daily
more articulate, more pronounced. Examine your motives with the
keenest scrutiny, and once convinced of their honesty take the
plunge. B^n to develop yourself systematically. Cultivate an
unconquerable ambition, an indomitable doggedness that you Tvill
accomplish the end in view. The desire must be one that* is not to
be swept away with the first obstacle that presents itself. The word
''impossible" must be erased from the tablets of your mind. Your
goal must stand out as clearly as the outlines of a city behind which
the pale moon is rising, silhouetted against the heavens. Blurred
ideals, ideals lost in a diffusive mistiness never materialize because
of their want of cohesion, of definiteness, of persistency. The Law of
Wealth. How will the riches come, you may ask? Never mind for the
moment. You have made up your mind that you are going to climb
the path to prosperity : leaving the working out to your interior
forces. As has just been said there are innumerable walks in life
which the one-sided, narrow existence of our forefathers rarely
dreamt of. It may be through invention, through the employment of
a gift which has long lain in the recesses of the mind unsuspected,
through what you may call "accident" or "luck," but, remember :
whatever you create mentally is absolutely certain to express itself
outwardly. This is the Law ; you doubt it ? Look at any man who is
not wellto-do. Is he accustomed when considering finance to think in
six figures? Does he not as the head of the household, often say :
'We can't afford this; this is too dearf' Is he not ever
 392 THE MASTER KEY seeking to economize along this line
or that, or complaining, if in business, of the heavy rates, and the
increasing cost of things, and the keenness of competition which will
eventually drive him out of the place? I do not assert that every man
who is not wealthy talks like this, but I do say that all who think
poverty express poverty. Getting into close contact with the poor will
show that they never hold large ideas concerning money, and
usually consider themselves incapable of organizing and conducting
large concerns. They depreciate themselves, and therefore never
rise above the average in regard to money. You will rarely hear them
speak of what they intend to do in the future. Seldom will they go
beyond a "wish," which usually is expressed thus : '7 wish I could
find a lot of money/' Most successful men become so with no
knowledge of the Law — it is done unconsciously, therefore one
does not often hear of their saying beforehand what they intend
being or doing. Andrew Carnegie and one or two other self-made
men have put this on record, but I do not remember coming across
any other instances. What I am seeking is the case of practical
dreamers, who are naturally few and far between. I could cite
instances of students who have put the Law into operation and
benefited accordingly, but the best example which will be known to
most people is the conception found in fiction in the character of
Svengali. You will remember that when he was in the direst straits
and could not pay his rent he would say : "One day I shall be rich : I
shall have a carriage, a big fur coat, and even princes will pay me
homage." He held to this ideal in spite of the squalor which seemed
as though it would always surround him. He had an unquenchable
faith in himself, and dreamed daily of the future that he planned.
This is the system upon which one should proceed. Ignore present
conditions utterly; live in an atmosphere of plenty, whatever be your
actual environment. You create your future from the present, just as
the present is the outcome of the past. Do not postpone, even in
thought, the advent of riches. Act as though you were already
wealthy, that you had achieved the goal in view, then the wish which
takes foundation will have passed into expectancy, which is a very
different attitude, something far beyond even hope. From what has
been said it follows that one must practice constructive thinking,
which is a very different thing from
 THE ART OF GETTING RICH 393 ordinary thought, a
haphazard, happy-go-luck way of thinking. By constructive thinking
you have a purposive plan where before you had no plan whatever,
where the thought was merely drift, whatever presented itself to the
mind. A thought repeated has a tendency to recur more readily
according as the mind may be at liberty, or not disciplined. Discipline
is always suggestive of something unpleasant, of duty, of something
which runs in the face of the line of least resistance. A strong body
results from use, from exercise, and even a robust and physically
perfect body would lose its virility, its strength, by not being used.
The case of the mind is just the same. The forceful, purposive mind
can only result from ordered and trained thinking. The conception of
training thought is a novelty to most people, but it is just as rational
as training the fingers to play the piano like a Paderewski; the
difference between the budding pianist, represented by the average
man, and the artist, is a question of time. His skill is not a gift, the
only gift he possessed was an unshakeable determination to master
the task he had set himself, and an aptitude for hard work, and
without these no man may hope to get rich. There are too many
people who are always seeking a quick-get-rich method, and are
doomed to disappointment, for Nature never gives something for
nothing. There is an increasing number who yearn for opulence, but
who never raise a finger to obtain it, and it cannot be too plainly
said that there is no magic, no mysteries in the lines laid down here,
merely a using of the materials every human being possesses. The
world is ever looking for the new, the latest, the great things, and it
pays handsomely for them. Evolution being a progression, conditions
are always undergoing modifications, and natural resources are
more and more taxed. The mere fact of the invention of the motor
car has led to the use of vast capital for the growing of rubber; the
same cause has led another brain to attempt the solution of an
adequate supply by the invention of a substitute for rubber, much
cheaper. Such illustrations can be multiplied easily, and it is open to
any man or woman to anticipate the wants of the world and provide
them. By constructive thought the faculties of the mind which have
long lain dormant will be roused into activity, and in this rousing an
expansion of the normal consciousness results. This gives an utterly
new outlook upon life. As thought becomes constructive all the old
poverty-stricken ideas will die
 394 THE MASTER KEY out Circumstances have always
dictated the type of thinking. A man in financial difficulties, if he is of
a sunny or careless type, may treat them lightly, or even
philosophically, but from time to time his environment compels him
to face the sittiation. This brings his mind in line with the orthodox
thought, and in this way old thought is maintained. The habitual
outlook upon life is kept intact; the self-made manacles are riveted
the firmer about the victim who treads the old path, follows in the
rut which the feet of countless millions have trodden. A standard is
formed, and every thought is judged according to it; if it agree to it,
well and good; it is accepted. If it deviate from the pattern it is
thrown aside. A man rather prides himsdf on having concocted such
a standard of value; it seems to him that it is a piece of originality ;
that it places him above other men ; that he possesses judgment,
discernment, tact, a discriminating mind. He forgets that he has only
taken another's model and labelled it his own. If a flock of sheep
were passing a given spot and the first one jumped over an
imaginary obstacle each of the others would do likewise. So it is with
men. Here and there a member of the community breaks away from
the rank, and then we term him a great man. It has been supposed
that the number of such great men were limited, just as geniuses
are, but as a matter of fact every human being is great. Every
healthy mind has within untold possibilities, and the reason they
have not evinced themselves is because their existence has never
been suspected. For instance, possibly eighty persons out of every
hundred who read these pages will smile in a superior sort of way
when it is claimed that anybody can be rich who wishes. Why, they
will exclaim, to amass wealth requires brains, ability, cleverness, and
these are all wanting in the bulk of people. Quite true. These
qualities are essential, but one is not justified in assuming they are
the prerogative of the few. Read the biographies of our merchant
princes, of financial magnates of the world — your newspapers give
you such cases almost daily — and note that they did not stand out
brilliantly among their fellows at school. Some were among the
densest, the dullest of their forms. In most cases no evidence of
their being different from the common garden man was apparent for
some years later. They simply had not ''discovered" themselves, they
did not know the stuff they were made of.
 THE ART OF GETTING RICH 395 In the majority of
examples they unconsciously stumbled upon forces which
eventuated in their success. Today, thanks to the new science of
practical metaphysics, man knows that he can attain the highest
goal he can intelligently conceive, 2ind this through the medium of
constructive thinking. Try to grasp this assertion. Think of the
countless suicides which could be averted by such a belief, the
immense happiness which could be brought to thousands of lives by
its acceptance. The fault with most people is that they do not trust
themselves. They will seek advice from persons quite incapable of
helping them instead of relying on their own interior powers. To
begin this constructive thinking try and find just where you stand.
Take stock of yourself, mentally. Analyze your leanings, your tastes,
the bend or trend of your mind. Do this only when you are in a
normal state of mind — not when worried, angry, or nervous. No
doubt several trials will be necessary to determine your line. Possibly
you have been pursuing the right track but the wrong method. Alter
the method. Take a successful man and note where he differs from
you: in most cases it is executive ability. IVell, you can gain that. He
did not know the Law, you do, and hence you can do it more
efficiently than he. Do you know your business from A to Z ? Have
you gone in for the latest or most up-to-date plant ; do you pack
your goods in the most approved fashion ? Some countries have lost
millions of dollars annually from bad packing, Germany scoring in
this instance. Have you learned to hustle — ^not bustle? Have you
overhauled your staff — assuming you have one ? Are they reliable,
capable ? Have you all the details of the business at your finger ends
? Do you personally supervise it or leave it to a third-rate man? Are
you polite to customers ? Do you organize a "trouble department,"
placing a tactful man in charge who investigates all complaints,
legitimate or otherwise, and settles the matter with the dissatisfied
ones ? These questions could be indefinitely increased — many will
suggest themselves to you once you put your thinking cap on. It is
then that you can determine if you are cut out for the calling you are
now in, or if you could do better in some other line. Let your natural
inclination have a hand in the debate with yourself, and you are not
likely to get far out. If you should find on going carefully into the
matter that
 396 THE MASTER KEY you would have more scope in
something which was more congenial remember it is never too late
to change. Many of the most successful men in the business world
today have followed callings very different from those to which they
were brought up. Of course, one would not go to the other extreme,
and attempt half-a-dozen lines at the same time. This has been a
potent cause of failure, because the energies become scattered.
Ideas which would bring to perfection the line on which a man
chiefly depends are never realized, because before they are fully
hatched they are tucked away in the mind to make way for some
other problem which presses for solution at the moment, and
afterwards the half-evolved idea either becomes forgotten, or the
mind refuses to supply the missing threads which would make it
perfect. The importance of taking a real, live interest in one's work,
whatever it be, has already been emphasized, and looked at in
conjunction with the above it will be seen more clearly how success
can be won. Receptivity is not a frame of mind the average mortal
cultivates; especially if he be a business man. He will tell you he has
something better to do with his spare moments; that he barely has
time to get through his work. Yet the cultivation of receptivity is an
absolute necessity. It will be by freeing the mind of all worries, all
plans, endeavoring to make it a blank for the time being that the
most illuminative thoughts will strike — a literal, not merely a
figurative expression — ^the mind. Where this frame of mind cannot
be attained it will be found a good method to desire on retiring for
the night that the answer to some question which demands
attention should occur to you the next morning. Nearly always the
subjective side of the mind, or the subconsciousness, will supply the
information desired, and with a little more practice receptivity, which
it must be remembered is the reverse of thinking, will be acquired.
Then it is that you will find out whether you are on the right track in
regard to your occupation. Receptivity permits the entrance of
thoughts which have long been struggling to express themselves in
the ordinary consciousness. Dickens and other writers have put it on
record how their characters, conversations, incidents, and ideas
concerning their books leaped to their minds when in this mood —
whence they could not tell, but modern psychology has, ex 
 THE ART OF GETTING RICH 397 perimentally,
demonstrated the source, analyzed the mechanism of the mind, and
now can not only direct many of the operations, but can absolutely
create any state of mind desired. Run straight. When you indulge in
sharp practices it is not the other fellow on whom you inflict the
wrong, hut yourself. It is the law that two thoughts of an utterly
diverse nature can not occupy the consciousness at the same time.
So long as you harbor a thought unworthy of an honest man you
polarize your power of attracting, whether it be friends or money.
You can cheat others; yourself, never, and he who essays to do so
will sink back to the level of the crowd. Riches may, and often are,
attained by unworthy means, but the man is the poorer, for the Law
is absolutely just. There is no room in the universe for luck, for its
existence predicates absence of law, to say nothing of injustice, and
law is universal. A man who knows his inner forces, who expands his
consciousness, who gains riches because as a part of the whole he is
entitled to them, is oblivious to competition. He takes from the great
storehouse of Nature, and no one is the poorer, rather by his efforts
are others helped. To take advantage of a fellow creature, to grind
and wring the uttermost farthing from a human being is to foul one's
higher nature. For every cause there must be an effect, and like
causes produce like effects, whatever be the plan, physical or moral.
One cannot handle pitch without being defiled, and ever to doubt
the honesty of others is to weaken your own honesty. This is one
reason why in this suspicious, critical age there is such a dearth of
real happiness. To feel mean, angry, suspicious, is to invite those
very qualities into your own being, to take their lodgment there and
to undermine the character, and . the man without character can
never be truly rich. There are plenty of cases of miserable wealthy
people who would envy the happiness of poor men, so far as money
is concerned. Every human being is his own nemesis, from whom
there is no escape, and it is about time this law were known and
much unnecessary misery saved thereby. It is as well to know
something of the law, so that the weak-kneed may think twice
before going astray. Many people are in indifferent circumstances
because they have never supposed they would ever be otherwise.
They have expected it to be natural that some folk — ^the favored
few —
 398 THE MASTER KEY should be wealthy, and others — the
masses, with whom they identify themselves, should be poor. Hence
they have not looked into their own natures to bring to the surface
all the riches lying there. Character is only another name for a set of
ideas which have become crystallized, therefore we see people who
are colorless because the life-thought which should be pulsing
through their being can not flow on account of the condition of the
channels, which have never been kept open since childhood. In
childhood one's fancy is elastic, and one thing can be believed as
easily as another. Romance and imagination die away with the years
of maturity, and in place of the spontaneity of youth there grow sets
of ideas, the product of the senses, the result of ready-made
thoughts. Opulence, luxury, freedom from care, abounding health,
get to be looked upon as the prerogatives of specially-selected
individuals. Living among commonplace people tends to set the
stamp of commonplaceness upon one, and the way in which this
spreads is seen (in one direction) by the slovenliness of speech
which is so conspicuous, and the equal slovenliness of newspaper
English. There has always existed a dead level, though each
generation raises it higher, and the active propagation of one-eyed
ideas, which are driven into the minds of the people by a power
which the past knew not — ^the "hardtimes" advocate — is more
thorough than it used to be. The low standard of the marriage state
is another sign of the times, and the passing of chivalry and
romance, which is everywhere apparent, is a still further outcome of
them. The connection between all this and Art of Getting Rich is the
decadence or the failure to use the idealizing faculties which cuts
one off from an important source of wealth because one cannot
readily differentiate oneself from one's environment It can be done,
however, only the task may require more effort on the part of the
man. The mental stagnation which strangles all clear thinking
effectually shuts out ideas which would be money-making, and hides
man's true greatness from him. The antidote is clear; another set of
ideas must be substituted, and here romance may be reinstated.
Practical dreaming is as good a term to employ as any. Build air-
castles to your heart's content, but unlike the mere dreamer do not
regard your creations as mere dreams. The more frequently you go
over the pictiu-e the more clearly will the details stand out.
 THE ART OF GETTING RICH 899 Where gaps were seen in
the early attempts suggestions for filling them will occur ; until at
length the entire structure will stand out in the mind's eye boldly and
perfectly. The bringing down of theory to practice will simply be a
matter of time, for the power which has brought into existence the
abstract creation has merely to be extended to the concrete one
now. One immense step will have been achieved by castle-building.
You will know what to aim at. Leaving out of consideration the
masses of the cities there are millions of human beings who drift all
their lives. Want of purpose, want of objective, indifference, are the
chief characteristics of this class, who will do anything but think.
Tenacity of purpose, earnestness, bulldog determination, patient
persistence never characterize these people. As has been said, there
is no magic about the method here presented; it is the working out
of unerring Law, so that the man who lives the strenuous life, full of
hope, full of faith in his own inherent greatness, cannot fail to
become rich. The outcome of such lines being followed is the
creation of an inexhaustible storage-battery, always charged, which
can always be depended upon. As the man progresses, as success
after success results from his efforts he becomes filled with a
certainty that all causes must be followed by effects. Even his
mistakes — for he will make these for a time — will teach him
lessons which before he failed to understand. That marvellous, but
little understood asset of the human make-up, the intuition, will
solve problems as they arise, if the right mental attitude is taken.
This attitude is the quiet turning of the mind in upon itself, shutting
out the without so that the voice of the within may be heard. Many a
successful business man of today owes his success to the flashes of
the ocean of consciousness behind the ordinary work-a-day world,
and the power to let it ''come through'^ can be attained by anyone.
. All questions as to choice of calling, system, industry, thrift,
investment, and the usual list of qualifications usually given to the
aspirant for wealth, are in reality very minor, and need not be
treated here.
 400 THE MASTER KEY TO RECAPITULATE. It is now only
necessary to recapitulate or cast into a concise form the propositions
laid down in this chapter. They might be stated in these terms : First
— Both the world and man are in their babyhood. Second — The
purpose of life is to express more life. Third — More life can only be
expressed by man's desires being fulfilled. Fourth — Every desire
must inevitably materialize, unless neutralized by a counter-desire.
Fifth — Science has not yet found any limits to the power of man.
Sixth — The capacity for more power comes with the fullest use of
present capacities. Seventh — The only obstacle which can prevent
man front entering into riches or anything else he wants is doubt of
himself. Burn these statements into your brain. Concentrate your
mind upon them, whether in tram car, train, or walking, and fortify
yourself by building up a strong inward confidence now and then, as
opportunity offers. There is no need to devote hours per day; it is
the persistency which tells, and by cutting off the supply of
pessimistic thought as served up for your delectation in the press,
pulpit, conversation, pictures, and literature, and seclude your
thought atmosphere for a time you will be the better for it. To define
riches is no light matter. Tastes differ and opinions vary. The Vicar of
Wakefield was passing rich on £40 ($194.80) a year, but an
individual with a large establishment and a high social position to
uphold might consider $100,000 scarcely adequate. The writer
would prefer to term that man rich who had sufficient to meet all his
wants, which might be few or many, simple, or extravagant. More
effort would be required in the case of building up a big fortune than
a modest competency, but the same principle would apply in each
case.
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