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 Brief Contents

Chapter 1 Introducing Crime and Criminal Justice 4

Unit I: Perspectives on Law 37

Chapter 2 Concepts of Law and Morality 42
Chapter 3 Concepts of Legal Philosophy 67

Unit II: Perspectives on Deviance and Crime 95

Chapter 4 Deviance and Social Control 99
Chapter 5 Deviance and Criminal Behavior 123

Unit III: Perspectives on Justice 149

Chapter 6 Concepts of Justice 154
Chapter 7 Concepts of Justice Policy 181
Chapter 8 Concepts of Criminal Procedure 209

Unit IV: Penal Social Control 237

Chapter 9 Criminal Law 241
Chapter 10 Criminal Punishment 270

Unit V: Overview of Criminal Justice Institutions 297

Chapter 11 Core Concepts of U.S. Policing 302
Chapter 12 Core Concepts of U.S. Court Systems 332
Chapter 13 Core Concepts of U.S. Correctional Theory and Practice 361

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 Contents
Preface xv
Photo Essay: Policing Intimate Partner Violence 1

Chapter 1 Introducing Crime and Criminal Justice 4

Case Study: How Would You Spend $10 Million? 5
Introducing Criminal Justice 6
Perspectives on Criminal Justice 9
Criminal Justice as System 9
Criminal Justice as Profession 10
Criminal Justice as Bureaucracy 12
Criminal Justice as Moral Agent 15
Criminal Justice as Academic Discipline 16
Applying the Five Perspectives: Police Use of Deadly Force 18
Defining Crime 18
What Crime is 19
What Crime is Not 20
The Extent of Crime 22
Official Crime Data 22
Other Sources of Crime Data 26
Crime Data: Trade-offs and Politics 28
Looking Ahead 29
Conclusion 29
Criminal Justice Problem Solving: DNA Evidence 31
Chapter 1 Appendix: The Criminal Justice System 32

Unit I: Perspectives on Law 37

Photo Essay: Morality and the Law 38

Chapter 2 Concepts of Law and Morality 42

Case Study: Justice on Lover’s Lane 43
Criminal Justice and Society 44
Choosing Strategies and Tactics 46
Strategies 47
Tactics 48
Criminal Justice: Popular Conceptions versus Academic Scholarship 48
Morality and Justice Studies 52
Kohlberg’s Moral Stages 53
Three Tendencies of Idealists and Pragmatists 56
Harmony 57

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 CONTENTS ix

Truth 58
The Mind/Body Relationship 59
Five Concepts of Morality 61
Knowledge 61
Self 61
The Nature of a Deity 62
Universe 63
Death 63
Applying Philosophy and Morality to Criminal Justice 64
Conclusion 65
Criminal Justice Problem Solving: Alcohol Policy 66

Chapter 3 Concepts of Legal Philosophy 67

Case Study: Working the Corner 68
Studying Approaches to the Law 69
Principles and Rules in Criminal Justice 69
Analyzing the Law 72
Patrick Devlin’s Legal Moralism 75
Devlin and the Six Concepts of Law 76
H. L. A. Hart’s Legal Positivism 78
Hart and the Six Concepts of Law 80
Other Schools of Legal Philosophy 83
Theories of Legal Idealism 83
Legal Naturalism 85
Rights and Interpretive Jurisprudence 86
Critical Theories of Law 87
Legal Paternalism 89
Theories of Legal Pragmatism 90
Legal Realism 90
Everyday Pragmatism 92
Conclusion 92
Criminal Justice Problem Solving: Nudist Camps 93

Unit II: Perspectives on Deviance and Crime 95

Photo Essay: What Behaviors Are Deviant? 96

Chapter 4 Deviance and Social Control 99

Case Study: A Crime of Fantasy? 100
An Overview of Deviance 101
Norms 101
Socialization 102
The Social Control of Deviance 104
Informal versus Formal Social Control 104
Agents of Social Control 105
Styles of Social Control 107
The Medicalization of Deviance 108
Medicalization and Criminal Responsibility 110
Consequences of Medicalization 114

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 x Contents

Therapeutic Social Control and Public Policy 116

Vindication and Putative Backlash 117
Other Consequences of Shifts in the Style of Social Control 118
Conclusion 120
Criminal Justice Problem Solving: Gun Control and Mental Illness 121

Chapter 5 Deviance and Criminal Behavior 123

Case Study: The Case of Carl Panzram 124
Conceptualizing Deviance 125
Crime, Sin, and Taste as Forms of Deviance 127
Deviance in Society 129
Some Explanations of Criminal Deviance 130
Historical Perspectives on Criminology 131
Modern Biological Perspectives on Crime and Criminality 133
The Classical School of Criminology 134
Psychological Theories of Crime and Criminality 137
Psychodynamic Theories 137
Differential Association 137
Techniques of Neutralization 138
Personality and Crime 139
Sociocultural Theories of Crime and Criminality 140
Social Disorganization Theory 140
Strain Theory 141
Delinquent Subcultures 142
Social Control Theory 142
Labeling Theory 143
Conflict Criminology 144
The Study of Deviance in Criminal Justice 145
Conclusion 147
Criminal Justice Problem Solving: Youth Gangs 148

Unit III: Perspectives on Justice 149

Photo Essay: Justice, Privacy, and Enforcement 150

Chapter 6 Concepts of Justice 154

Case Study: Sexting 155
Justice: Fact or Fiction? 157
The Justice in Criminal Justice 160
Vigilante Justice 161
Transitional Justice 162
Ideological Justice 163
Discourse Perspective Justice 164
Postmodern Justice 165
A Focus on Distributive Justice 166
A Classic Approach: Aristotle’s Commutative Justice 166
An Economic Approach: Bentham’s Utilitarian Justice 166
A Belief in Punishment: Retributive Justice 167
Everyone Is Due Something: Restorative Justice 167
But Is It Fair? Rawls on Justice 168

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 Contents xi

Individual and Community Interests in Distributive Justice 171

Mechanical Criminal Justice 172
Authoritarian Criminal Justice 174
Compassionate Criminal Justice 174
Participatory Criminal Justice 175
Toward Justice 176
Conclusion 178
Criminal Justice Problem Solving: Justice Reinvestment 179

Chapter 7 Concepts of Justice Policy 181

Case Study: The Quagmire of State Marijuana Policy 182
Criminal Justice and Civil Justice 183
Criminal Justice 184
Civil Justice 185
Social Justice and American Values 189
American Political Culture 192
The Development of Criminal Justice Policy 195
Stability and Change in Public Policy 195
Federalism 196
State and Federal Policy 197
Separation of Powers 198
Themes in American Criminal Justice Policy Development 199
Forces Shaping Criminal Justice Policy 202
Mass Media 203
Interest Groups 205
Politics and Politicians 205
Bureaucrats 206
Conclusion 207
Criminal Justice Problem Solving: Preschool Crime Prevention 208

Chapter 8 Concepts of Criminal Procedure 209

Case Study: When Are Dog Sniffs “Searches”? 210
Concepts of Procedural Justice 211
Three Philosophical Models of Procedural Justice 211
Social Psychological Factors 213
Two Models of the Criminal Process 214
Procedural Justice in the Original U.S. Constitution 215
Habeas Corpus 216
Bills of Attainder 216
Ex Post Facto Laws 217
Trial by Jury 217
Trial for Treason 217
Procedural Justice in the Amendments to the U.S. Constitution 218
The Fourth Amendment 218
The Fifth Amendment 226
The Sixth Amendment 229
The Fourteenth Amendment 231
The Exclusionary Rule 232
Conclusion 234
Criminal Justice Problem Solving: Surveillance and Technology 235

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 xii Contents

Unit IV: Penal Social Control 237

Photo Essay: Bullying 238

Chapter 9 Criminal Law 241

Case Study: Copyright Infringement 242
The History of Criminal Law 242
Criminal Law in Ancient Civilizations 243
Criminal Law in Ancient Greece and Rome 243
Criminal Law Changes in Early Christendom 244
Criminal Law in Early England 245
From English Common Law to Modern Penal Laws 246
Common Elements of Modern Criminal Law 246
Actus Reus 246
Mens Rea 247
Attendant Circumstances 249
Causation of Result 250
Types of Crimes 251
Defenses to Crimes 256
Constitutional Limitations on Criminalization 260
The First Amendment 261
The Second Amendment 264
The Fourteenth Amendment: Due Process and Equal Protection Concerns 265
Conclusion 267
Criminal Justice Problem Solving: Zero-Tolerance Policies 268

Chapter 10 Criminal Punishment 270

Case Study: Three Strikes Laws 271
Conceptualizing Punishment 272
Justifications for Criminal Punishment 274
Retribution 274
Deterrence 276
Incapacitation 278
Rehabilitation 279
Restitution and Restoration 280
Competing Philosophies 282
The Politics of Whom We Punish 284
Limitations on Criminal Punishment 285
Culpability: A Fairness Principle Requiring Blameworthiness 285
Notice and the Principle of Legality 286
Proportionality and the Eighth Amendment 288
The Future of Punishment 293
Conclusion 294
Criminal Justice Problem Solving: The Death Penalty 295

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 Contents xiii

Unit V: Overview of Criminal Justice Institutions 297

Photo Essay: Toward the Future of Criminal Justice 298

Chapter 11 Core Concepts of U.S. Policing 302

Case Study: Policing a Housing Development 303
Philosophies of Policing 304
Policing in England 305
The Political Era (1830s–Early 1900s) 306
The Professional Era (1930s–1970s) 307
The Community Problem-Solving Era (1970s–Present) 308
The Police and Homeland Security: A New Era? 309
Developmental Theories of Policing 310
The Culture of Policing 311
Wilson’s Styles of Police Behavior 311
Police Officer Personalities 314
The Structure of American Law Enforcement 316
Local Police Agencies 317
State Police Agencies 317
Federal Agencies 318
Ethical Issues in Policing 319
Levels of Corruption 319
Ethical Questions in Policing 321
The Dirty Harry Problem 322
Controlling Unethical Behavior 323
Policing Strategies 324
Myths About Policing 324
Team Policing 325
Community-Oriented Policing 326
Problem-Oriented Policing 327
An Example of Problem-Oriented Policing: Richmond’s Sector 213 328
Conclusion 329
Criminal Justice Problem Solving: Focused Deterrence 330

Chapter 12 Core Concepts of U.S. Court Systems 332

Case Study: Shipwreck 333
The Structure of the U.S. Court System 334
Hierarchical Jurisdiction 334
Other Forms of Jurisdiction 337
The Courtroom Workgroup 337
Judges 338
Prosecutors 338
Defense Attorneys 339
Other Courtroom Workgroup Members 340
Criminal Pretrial Processes 344
Initial Appearance 345
Charging 345
Arraignment 346
Discovery 346
Plea Bargaining 347
Pretrial Motions 347

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 xiv Contents

Criminal Trial Processes 348

Jury Selection 348
Presumptions and Evidence 349
Trial 351
Sentencing 351
Postconviction Review 352
Judicial Review 354
Legal Reasoning 355
Philosophies of Legal Reasoning 355
The Process of Legal Reasoning 356
Conclusion 358
Criminal Justice Problem Solving: Problem-Solving Courts 359

Chapter 13 Core Concepts of U.S. Correctional Theory and Practice 361

Case Study: Weightlifting in Prison 362
The Scope and Purpose of American Corrections 363
Four Essential Tensions Underlying Correctional Philosophy and Policy 366
The Essential Tension of Finance 366
The Essential Tension of Research 368
The Essential Tension of Discretion 368
The Essential Tension of Invisibility 369
Summary of the Concept of Essential Tensions 371
History and Practice of Institutional Corrections 371
A Historical Survey of Correctional Institutions 371
Current Practice in Correctional Institutions 374
Theoretical Perspectives on Prison Life 375
History and Practice of Community Corrections 381
A Historical Survey of Community Corrections 381
Current Practice in Community Corrections 383
Conclusion 386
Criminal Justice Problem Solving: Voting Rights 387

References 389
Glossary 421
Index 445
Photo Credits 459

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 Preface

Understand the core ideas of justice and law.

Make better real-world decisions in criminal justice.

What This Book Is

Criminal justice is the study and practice of society’s responses to crime. Within
­criminal justice, discretion is inevitable. Whether the police officer on patrol, the pros-
ecuting attorney making a charging decision, the judge determining a sentence, or the
parole board considering the early release of an inmate, criminal justice professionals
are faced with making countless decisions on a daily basis. Most of these decisions in-
volve applying professional judgment (within the bounds of the law) to arrive at the
best answer.
To place criminal justice within its most meaningful context, students must engage
in the study of two overlapping areas. The first area is analytical, focusing on the theo-
ries that underlie the practice of criminal justice and the crafting of laws and policies.
These include ideas about the nature of law, the meaning of justice, the philosophies
of idealism and pragmatism, the history of justice practice, the theoretical foundations
of policing, corrections, and judicial decision making, and more. The second area is
descriptive, focusing on the structure of the criminal justice system and the particulars
of the laws that it enforces. This book explores both and provides students with a foun-
dation for further study of issues related to crime, law, and justice.
The former study necessarily enlightens the latter. Without analyzing the founda-
tions of criminal justice, it is difficult to describe the laws and policies that criminal
justice professionals are asked to enforce (and the rationale for doing so) or to understand
the full range of ideas that shape—implicitly or explicitly—the discretionary decisions
inherent in criminal justice practice. Throughout the text, we challenge students to
consider the practical consequences of the material through a series of features, de-
scribed further below, that apply theory to practice. The study of criminal justice must
span its liberal arts foundations with an applied focus, each shaping and reinforcing the
other. We hope that the study of these ideas will serve to enrich the study of the crimi-
nal justice system and also prepare students to be thoughtful practitioners, decision
makers, and scholars of criminal justice.

Why We Wrote It
We believe it is imperative for students to study the foundations of criminal justice
from their first course in the discipline. Because these ideas underlie so much of current
criminal justice policy and practice, they form the bedrock on which subsequent study
is grounded. Indeed, the foundational concepts of criminal justice are ideas that apply
across the criminal justice curriculum.
We have titled the book Foundations of Criminal Justice not because these are the
only ideas that are central to the theory and practice of the discipline but because they
are among the most significant conversations that have contributed to the field.
xv

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 xvi Preface

Although discussion of the theoretical roots of criminal justice will no doubt continue
and should continue, the ideas and topics surveyed in this text help present a founda-
tional view of criminal justice that can inform the subsequent study of criminal justice
structures and processes.
The challenge in teaching the foundations of criminal justice in an introductory
course is twofold. First, some of the key ideas are complex, particularly those drawing
upon the interdisciplinary roots of criminal justice in areas that may not be very famil-
iar to students, such as policy theory, legal theory, sociology, philosophy, and psychol-
ogy. Second, there is no single source that collects these ideas, leaving instructors either
to assign primary source readings (which can be even more challenging than the ideas)
or to summarize materials in lectures without an accompanying textbook.
In writing this text, we have attempted to remedy both of these problems. We have
included within the book a collection of ideas that are important for beginning crimi-
nal justice students to consider. Furthermore, we have worked to cover complex ideas
in a manner that is engaging and accessible but without diluting their meaning. It is
our hope that this will contribute not only to criminal justice pedagogy but also to pro-
moting conversations—among students, professionals, and scholars alike—about the
theoretical roots of the discipline of criminal justice and their application in practice.

Organization
The balance among three ideas represents the basis of our book: (1) the overarching
and competing ideas of what an orderly and just society should be; (2) the daily prac-
tices of an immensely complex collection of agencies described as criminal justice;
and (3) the individual needs of a student going on to become a responsible citizen and
perhaps a criminal justice professional. In Chapter 1, Introducing Crime and Criminal
Justice, we outline various perspectives on criminal justice and consider the nature
and extent of crime in American society. In addition, we survey the criminal justice
processes that are further developed in later chapters.
In Unit I, Perspectives on Law, we begin exploring the ideas that have vexed soci-
eties across the globe throughout history. That is, how should people live together in
a society? What is right, what is wrong, and how can we act to ensure desired behavior?
Working through the very practical ideas of police discretion and activities you might
see on any street corner, we explore the concepts of law, morality, and formal ways of
questioning those concepts.
In Unit II, Perspectives on Deviance and Crime, we explore the critical distinc-
tions between behaviors society generally condemns as deviant and behaviors society
classifies as criminal. Understanding the behavioral dynamics underlying deviance and
criminal activity can shape criminal justice policy.
In Unit III, Perspectives on Justice, the ideas in the earlier chapters about law and
social control come together in an even bigger fundamental idea: what is justice, and
how do we find it as a society? Furthermore, how do harried professionals facing budget
cuts, shifting policy priorities, high stress, and split-second decisions find justice in
their daily work? In addition, ensuring that actions promote the values of fairness and
equality while protecting due process rights is an important responsibility of all those
working in criminal justice.
In Unit IV, Penal Social Control, we focus on the content of the criminal law and how
punishment is used to enforce society’s priorities. These are the tools that ultimately shape
the work of the police, courts, and corrections as they respond to crime in society.
Finally, in Unit V, Overview of Criminal Justice Institutions, we introduce stu-
dents to the terminology and procedures that are relevant to the police, courts, and
corrections. In some schools, much of this information will be covered in later courses

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 Preface xvii

on each of these institutions. In other schools, students will need a working knowledge
of each institution either because this is the only course they take in criminal justice
or because they need this course as a direct gateway to other courses. These chapters
are available for those who need them, and we have tried to keep the focus on the ter-
minology, the structure, and the motivating ideas of each institution rather than on
ever-changing fads and statistics.

What’s New in the Second Edition

The second edition of this book contains a number of substantive and pedagogical
changes designed to improve student learning while maintaining currency with current
events, empirical research, and the evolution of justice policy. First, each chapter of the
book now includes learning outcomes that are tied to the A-level headings and focus-
ing questions. By design, these learning outcomes use measurable action verbs that
target a range of learning domains across Bloom’s taxonomy. Second, our move to a
full-color format allowed us to incorporate photographs in each chapter of the book.
The caption of each photo poses a question for the students to reflect upon, related to
the content of the photo as connected to concepts from the chapter. Third, the second
edition utilizes a two-tiered system of identifying important terms, all of which are
defined in the glossary. The most significant of these are retained as “key terms” and
are listed within each chapter; other important terms are defined in the glossary but
are not highlighted in the text of each chapter. Fourth, all chapters were revised to
improve clarity; in some chapters, this included a reorganization of the presentation
sequence and a retitling of select headings and subheadings. Fifth, statistics and con-
temporary examples were updated throughout the book. Finally, we added two new
pedagogical boxed features to each chapter—one focusing on ethics, called “Ethics in
Practice,” and another focusing on research, entitled “Research in Action.” Key changes
to individual chapters and photo essays are as follows.
• Chapter 1: Introducing Crime and Criminal Justice—The opening case study
was modified slightly. The discussion of discretion was expanded. The discussion
of a profession was changed to illustrate how criminal justice fits as a “quasi-­
professional” field, meeting most, but not all, aspects of a profession. The issue of
police use of deadly force is used to illustrate how the five perspectives on criminal
justice (system, bureaucracy, profession, moral agent, academic discipline) apply to
a concrete issue. The discussion of physician-assisted suicide was also revised. All
crime data (UCR/NCVS/YRBS) and accompanying figures have been updated.
A new section was added to address trade-offs between different types of crime
data and the politics of crime data. The Bureau of Justice Statistics’ diagram of the
criminal justice system is now accompanied by revised descriptive text to help
students better understand the flow of cases. The end-of-chapter Criminal Justice
Problem Solving feature now includes material on familial DNA and incorpo-
rates the U.S. Supreme Court’s decision in Maryland v. King (2013).
• Chapter 2: Concepts of Law and Morality—Former Box 2.2 was deleted and
some of the material from that box was integrated into the questions following
the chapter-opening Case Study. Discussion of social contract theory has been
expanded to include discussion of various types of police roadblocks as an exam-
ple. The Patriot Act example was replaced with a more current discussion of gov-
ernment access to phone and Internet records. A discussion of what factors may
guide criminal justice professionals in discretionary decision making was added.
The distinction between strategy and tactics has been clarified. Former Box 2.4
was removed and the materials on “fixation of belief ” previously presented in that
box were updated and integrated in the body of the chapter. The discussion on the

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 xviii Preface

relationship between morality and justice studies was updated and illustrated using
offender re-entry. The chapter contains a new section on Kohlberg’s theory
of moral development and its application to analysis of criminal justice issues.
Finally, the chapter was significantly reorganized to improve flow and readability.
• Chapter 3: Concepts of Legal Philosophy—A new section on “Principles and
Rules in Criminal Justice” is now used to set up the discussion of legal philosophy
(and, by extension, theories of justice) by suggesting that the legal philosophies are
general principles that guide the development of the specific rules codified in the
law. Each of the six concepts of law in the section “Analyzing the Law” are now
explained in more depth. Concrete examples were added to the discussions of
several legal philosophies.
• Chapter 4: Deviance and Social Control—The chapter now contains a brief dis-
cussion of “positive deviance,” the various forms that adult socialization can in-
clude, and further differentiation of formal and informal social control. The material
on medicalization of deviance has been restructured significantly by deleting the
discussion on the types of medical social control and replacing it with much broader
coverage of criminal responsibility, which includes information on the insanity de-
fense, the new DSM-5, mental health courts, and access to firearms by persons
with mental illnesses.
• Chapter 5: Deviance and Criminal Behavior—The chapter-opening Case Study
has been revised to include additional detail. Smoking now serves as an example of
changing societal conceptions of deviance. A discussion of social constructionism
as it pertains to criminological theory has been added. The chapter now features
additional examples, contemporary research, and critiques of numerous crimino-
logical theories. Also significantly expanded is the discussion of youth gangs in the
Criminal Justice Problem Solving feature at the end of the chapter, including a
definition of gangs, statistics, impacts of gangs, and why persons join gangs.
• Chapter 6: Concepts of Justice—The structure in which the theories of justice
are presented has been reworked. Many topics have been updated and/or revised,
particularly the discussions of justice theory materials, including virtual vigilan-
tism, discourse perspective justice, distributive justice, retributive justice, and
Rawl’s “veil of ignorance.”
• Chapter 7: Concepts of Justice Policy—The chapter-opening Case Study about
the status of state marijuana laws has been updated and recent U.S. Supreme
Court cases affecting social justice, including National Federation of Independent
Business v. Sebelius and Arizona v. United States, have been integrated into the
chapter. The chapter now includes more concrete examples to contextualize policy
theories, including Amber Alerts as policy diffusion; carjacking as federalization
of crime; the Prison Rape Elimination Act as an example of tying policy out-
comes to federal funding; and three strikes laws as an example of issue networks.
Two new sections have been added: “Themes in American Criminal Justice Policy
Development,” which includes discussions of comparative criminal justice and a
historical perspective on criminal justice policy development, and “Politics and
Politicians.” A new box on police civil liability has been added.
• Chapter 8: Concepts of Criminal Procedure—Both the chapter-opening Case
Study and end-of-chapter Criminal Justice Problem Solving feature have been
replaced. The Fourth Amendment materials have been restructured in light of
United States v. Jones. Coverage of a variety of topics has been expanded, including
probable cause, Miranda, due process, equal protection, and the exclusionary rule.
The chapter now features a box on searches of cell phones incident to arrest.
Seventeen additional U.S. Supreme Court cases are now covered, including
­
­Blueford v. Arkansas, Board of Education of Indiana School District 92 of Pottawato-
mie County v. Earls, Berghuis v. Thompkins, Colorado v. Bertine, Florida v. Jardines,

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 Preface xix

Hudson v. Michigan, Illinois v. Gates, Manson v. Brathwaite, Michigan v. Harvey,

Pennsylvania Board of Probation & Parole v. Scott, Rochin v. California, Salinas v.
United States, United States v. Dunn, United States v. Calandra, United States v.
Flores-Montano, United States v. Matlock, and United States v. Pantane.
• Chapter 9: Criminal Law—The concept of overcriminalization has been inte-
grated throughout the chapter, including in a new Criminal Justice Problem Solv-
ing feature on “zero-tolerance” policies at schools that contribute to the “school to
prison pipeline.” A new box has been added which allows students to apply their
understanding of the types of criminal offenses. Materials on Second Amend-
ment limits on gun legislation, including District of Columbia v. Heller and
­McDonald v. Chicago, have been expanded.
• Chapter 10: Criminal Punishment—This chapter features expanded discussion of
expiation (under retribution) and new material on the penal harm movement. Con-
crete examples illustrate a range of theoretical concepts, including expiation, penal
harm, general and specific deterrence, hedonism, and reintegrative shaming. A new
subheading under “Justifications for Criminal Punishment” titled “Competing
­Philosophies” briefly discusses arguments against punishment, including penal abo-
lition. A significantly expanded end of chapter Criminal Justice Problem Solving
feature on the death penalty now includes a discussion of Furman v. G ­ eorgia and
Gregg v. Georgia, Illinois’s commutation of death sentences, and concerns about the
death penalty. Finally, Eighth Amendment case law has been updated.
• Chapter 11: Core Concepts of U.S Policing—A new section on the intersection
of policing and homeland security has been added. Material on the eras of polic-
ing, the “police personality,” the fragmentation of U.S. policing, problem-oriented
policing, and the characteristics of “good” policing has been clarified and ­expanded,
and a discussion of solvability factors in criminal investigations has been added.
The end-of-chapter Criminal Justice Problem Solving feature has been changed
to address focused deterrence.
• Chapter 12: Core Concepts of U.S. Court Systems—The chapter features ad-
ditional material on trial by combat; the courtroom workgroup, prosecutorial mis-
conduct (including Imbler v. Pachtman), judicial elections (including Republican
Party of Minnesota v. White and Citizens United v. Federal Election Commission),
aggravating and mitigating circumstances, and the U.S. Supreme Court’s role in
policy formulation through the exercise of discretionary appellate jurisdiction.
A new end-of-chapter Criminal Justice Problem Solving feature addresses problem-
solving courts (focusing on drug courts).
• Chapter 13: Core Concepts of U.S. Correctional Theory and Practice—Many
topics have been expanded and/or clarified, including the culture of control, the
“essential tension of finance” relevant to opportunity cost, solitary and congregate
systems, and “total institutions.” The term “technical violation” is introduced. The
former Box 13.2 has been deleted; an updated and expanded discussion of com-
munity corrections has been included in the text of the chapter. A new table with
definitions and statistics about prison security levels and two new boxes—one on
offender classification and the other on community corrections—have been
added.
In addition, each of the photo essays was revised in the following ways:
• The first, “Policing Intimate Partner Violence,” presents updated statistics, an ex-
panded historical discussion of intimate partner violence, and some new pictures.
• The second, “Morality and the Law,” was slightly revised and includes some new
pictures.
• The third, “What Behaviors Are Deviant?” includes a new picture and a new dis-
cussion of hazing in lieu of corporal punishment.

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 xx Preface

• The fourth, “Justice, Privacy, and Enforcement,” was reconceptualized to focus on

privacy. The discussion of cell phone searches, e-mail searches, and GPS searches
was deleted and replaced with material on license plate scanners, NYC’s stop and
frisk policy, and the exclusionary rule.
• The fifth, “Bullying,” has been revised, contains several new pictures, and now in-
tegrates discussion of attempts to curb bulling by making parents accountable for
their children’s conduct.
• The final photo essay, “Toward the Future of Criminal Justice,” has been substan-
tially revised to integrate various aspects of the criminal justice system. The new
pictures now illustrate school resource officers, processing juvenile offenders, the
CSI effect, pandemic planning, CCTV, and prison-based dog training programs.

To Faculty: Teaching with This Book

Chances are, each individual instructor may not make use of every chapter in this book.
Courses seeking a foundation of criminal justice grounded in the liberal arts may focus
more heavily on Units I, II, and III, with less time dedicated to material in Units IV
and V (which is often covered elsewhere in the criminal justice curriculum, in courses
on police, courts, corrections, and criminal law). Conversely, courses more heavily
­focused on the components of the criminal justice system (particularly in programs for
which there is not subsequent required coursework in police, courts, corrections, and
criminal law) may use Units I, II, and III to “set up” a more detailed examination of
material from Units IV and V. Still other instructors may bring in many more examples
from local criminal justice policies and practices than appear in this book.
Of course, these options are not mutually exclusive. Content about the criminal
justice system is easily integrated across discussions of Units I, II, and III, and refer-
ences to philosophical underpinnings of criminal justice are easily integrated into dis-
cussions pertaining to Units IV and V. Some courses will give equal weight to all
chapters over the course of a semester. We felt strongly, however, that it was important
to offer flexibility for instructors and to keep the key information unique to a founda-
tions course all available in one concise volume. Through years of consultation with
instructors at a wide variety of schools across the United States, we have settled on this
balance between conciseness of presentation and exhaustiveness of concepts that we
hope will serve as a firm foundation for a course that allows for individuality of instruc-
tion while promoting student engagement.

To Students: How to Study from This Book

We have designed this book to make the study of criminal justice a very active process.
Just as a professional in criminal justice will always need to be actively curious and ob-
servant in the field, studying the discipline similarly requires curiosity, inquiry, and a
full engagement with the material.
Each unit in the book is introduced by a photo essay, containing a series of photos
accompanied by a narrative with questions for discussion. The topics, photos, and dis-
cussion questions were selected to survey the broad range of issues included in each
unit. Think about how you would respond to these issues before you read the chapters
in the unit. Afterward, you may consider how material from the chapters relates back
to the issues in the photo essays.
Each chapter begins with a Case Study presenting a realistic situation that the
criminal justice system has encountered or could encounter. Read the case carefully and
discuss the questions at the end with your classmates, your instructor, or in notes to
yourself. The Case Study is related to ideas that will be examined as you proceed

00-Owens-FM.indd 20 28/03/14 4:58 PM

 Preface xxi

through the chapter; in fact, some questions in the chapter will ask you to reflect once
again on the case study and how concepts from the chapter might apply to it. Your
understanding of the rest of the chapter will be enriched by considering this case.
Each main section of the text opens with a Focusing Question. These straightfor-
ward questions are meant to help you think about the main idea to come in that section
and provide you with a framework for the ideas you will examine. The Focusing Ques-
tions can help you see the issue to be addressed in each section rather than reading the
chapter as a simple stream of data to memorize.
Each main section of the text concludes with several in-text questions. These ques-
tions are designed to allow you to reflect upon, analyze, or apply the material you have
just read.
In each chapter, you will find several boxes that highlight current or noteworthy
issues in criminal justice, related to the content of the chapter. One box in each chapter
(“Ethics in Practice”) is focused specifically on ethical dilemmas that may present them-
selves to criminal justice practitioners; another box in each chapter (“Research in Action”)
considers how research findings may shape criminal justice policy and practice.
At the end of each chapter, you will find a section called Criminal Justice Problem
Solving. Introductory textbooks can sometimes give readers the mistaken impression
that all the answers are already set in stone and that there is nothing new to discover in
a discipline. These Problem Solving sections focus on a real-life issue the criminal jus-
tice system is still struggling to solve. Chances are, if you become a criminal justice
professional, you will in some way personally be part of the efforts to solve these types
of issues.
Each chapter also includes several pictures connecting material from the text to
practical issues or dilemmas faced by the criminal justice system and the professionals
working within it. Finally, the text includes a glossary that provides definitions for the
key terms and other important vocabulary introduced in each chapter.
It is our hope that each of the above features will contribute to your understanding
of material in the text and your ability to see connections between theoretical ideas and
criminal justice practice. We hope the text conveys what a dynamic and important field
of study that criminal justice is!

Ancillaries
Oxford University Press is proud to offer a complete and authoritative supplements
package for both instructors and students. When you adopt Foundations of Criminal
Justice, Second Edition, you will have access to a truly exemplary set of ancillary mate-
rials to enhance teaching and support students’ learning.
Ancillary Resource Center (ARC) at www.oup-arc.com is a convenient, instructor-
focused single destination for resources to accompany Foundations of Criminal J­ ustice,
Second Edition. Accessed online through individual user accounts, the ARC provides
instructors with access to up-to-date ancillaries at any time while guaranteeing the
security of grade-significant resources. In addition, it allows OUP to keep instructors
informed when new content becomes available.
The ARC for Foundations of Criminal Justice, Second Edition, contains an enor-
mous variety of materials to aid in teaching, whether at a four-year university or com-
munity college, online, or in person. In addition to general ideas for using Foundations
of Criminal Justice, Second Edition, in an introductory course, the ARC includes:
• Teaching tips and ideas customized for instructors working in community col-
leges and online courses, as well as for those teaching out of sociology departments.
New teachers, and those teaching the introductory course in a general education
context, will also find specialized suggestions.

00-Owens-FM.indd 21 28/03/14 4:58 PM

 xxii Preface

• Sample syllabi and long-term integrative assignments to help instructors plan

for the entire semester.
• Detailed lesson plans, in-class activities, and homework assignments for each
of the book’s thirteen chapters.
• A robust test bank, offering multiple-choice, true/false, matching, short answer,
and essay questions. In addition to the traditional answer key for objective ques-
tions, the essay questions are accompanied by grading rubrics laying out ­detailed
criteria for evaluation.
• PowerPoint-based lecture slides and clicker questions, fully editable to meet
your needs.
• PowerPoint-based lecture slides with audio narration, for use in online and
flipped classrooms.
Finally, a complete course management cartridge is available to qualified ­adopters.
Contact your Oxford University Press sales representative for more information.

Companion Website
Foundations of Criminal Justice, Second Edition, is also accompanied by an extensive
companion website (www.oup.com/us/owen), which includes materials to help stu-
dents with every aspect of the course. For each chapter, you will find:
• Objectives for learning that identify, in a clear, concise way, the concepts and
subjects that students should understand after reading a given chapter
• A brief summary of the broad themes of each chapter, to help students organize
their thinking and reading
• Additional links to websites providing supplemental information on the topics
and ideas covered in the chapter
• Additional recommended readings that delve more deeply into the topics dis-
cussed in the chapter
• Self-grading review questions to help students review the material and assess
their own comprehension
• Case links to the original text of every case cited in the book
• Glossary flashcards to assist students in studying and review

Thanks and Acknowledgments

We would like to thank John Challice, Sarah Calabi, and Frank Mortimer at Oxford
University Press for their exceptional guidance and encouragement in this project. We
would also like to thank Caroline Osborn and Keith Faivre for their helpful assistance
in moving the text toward production. In addition, we would like to thank the anony-
mous reviewers at the Journal of Criminal Justice Education whose insights helped us in
the development of our article, “Conceptualizing Justice: Revising the Introductory
Criminal Justice Course,” which, in turn, provided the impetus for the first edition of
this book. Finally, this book would not have “come together” without the hard work of
the lead author, Dr. Stephen Owen. Hank, Tod, and Jerry express their heartfelt thanks
to Steve for serving as the unifying voice among us.
In addition, the authors and the publisher would like to thank the following re-
viewers, focus group and webinar participants, and class testers for their invaluable time
and feedback. Their comments and suggestions were instrumental in the development
of the text.

00-Owens-FM.indd 22 28/03/14 4:58 PM


Kristine Artello, Penn State University–
New Kensington
Thomas Babcock, University of Texas at San Antonio
Sarah Bacon, Florida State University
Allan Barnes, University of Alaska–Anchorage
Kevin Beaver, Florida State University
Christopher M. Bellas, Youngstown State University
Jay Berman, New Jersey City University
Michael G. Bisciglia, Southeastern Louisiana
University
Michael Bush, Northern Kentucky University
Frank Butler, La Salle University
Mark Byington, Jefferson College
Amy Cass, California State University–Fullerton
Tammy Castle, James Madison University
Paul Chwialkowski, University of Findlay
David Clark, University at Albany–SUNY
Charles Crawford, Western Michigan University
Michael Cretacci, University at Buffalo–SUNY
Mengyan Dai, University of Baltimore
Randal Davis, Santiago Canyon College
Mary Louis Davitt, University of Maine–Augusta
Peggy DeStefano, Bakersfield College
Kristen DeVall, University of North
Carolina–Wilmington
Heather Donovan, University of
Massachusetts–Dartmouth
Martha Earwood, University of Alabama–Birmingham
George Eichenberg, Tarleton State University
Patricia Erickson, Canisius College
Aaron Fichtelberg, University of Delaware
Linda Fleischer, The Community College of Baltimore
Laurin Flynn, Guilford College
Michelle Foster, Kent State University
Alan Frazier, Glendale Community College
Natasha Frost, Northeastern University
Christie Gardiner, California State
University–Fullertown
Lior Gideon, John Jay College of Criminal Justice
Kay Gillespie, Weber State University
Julie Globokar, University of Illinois at Chicago
Andrea Hampton, Truman State University
Barry Harvey, Alvernia College
Stacy Haynes, Mississippi State University
Deborah Howard, TESST College of Technology
Cyndy Hughes, Western Carolina University
Patrick Ibe, Albany State College
Fred Jones, Simpson College
Mark Jones, East Carolina University
Delores Jones-Brown, John Jay College of Criminal
Justice
Antonia Keane, Loyola University
William E. Kelly, Auburn University
00-Owens-FM.indd 23
Preface xxiii
Ashmini Kerodal, John Jay College of Criminal Justice
David Keys, New Mexico State University
Fred Kramer, John Jay College
Peter Kraska, Eastern Kentucky University
Christina Lanier, University of North
Carolina–Wilmington
Lonn Lanza-Kaduce, University of Florida
Minna Laurikkala, Shenandoah University
Brian Lawton, George Mason University
William Lay, University of Bridgeport
Lynette Lee, California State University–Sacramento
Jason Levy, Virginia Commonwealth University
Elizabeth Lewis, Virginia Western College
Melissa A. Logue, Saint Joseph’s University
Sean Maddan, University of Tampa
Elisha Marr, Calvin College
Sanjay Marwah, Guilford College
Mary Ellen Mastroilli, Boston University Metropolitan
College
Carol Mathews, Century College
Greg Matoesian, University of Illinois at Chicago
Bruce McBride, Utica College
Karen McCue, University of Minnesota
Alida Merlo, Indiana University of Pennsylvania
Eric Metchik, Salem State University
Emil Moldovan, Radford University
Thomas O’Connor, Austin Peay State University
David Orrick, Norwich University
Leanne Owen, Holy Family University
Allison Payne, Villanova University
Terrylynn Pearlman, Marist College
Amy Pinero, Baton Rouge Community College
Hillary Potter, University of Colorado–Boulder
Elaine Rizzo, Saint Anselm College
Manuel Roman, Consumnes River College
Dennis Santore, Indian River State College
Joseph Schafer, Southern Illinois
University–Carbondale
Donna Schuele, University of California–Irvine
Michael Scott, Kaplan University
Todd Scott, Schoolcraft College
Diane Sjuts, Metropolitan Community College of
Omaha
Alisa Smith, The University of Tampa
Hayden Smith, University of South Carolina
Susan Smith-Cunnien, University of St. Thomas
Jason Sole, Metropolitan State University
Paul Steele, Morehead State University
Mark Stelter, Lone Star College–Montgomery Campus
Quanda Stevenson, Athens State University
David Struckhoff, Lewis University
L. Paul Sutton, San Diego State University
Chloe Tischler, ITT-Technical Institute
28/03/14 4:58 PM
 xxiv Preface

Pamela Tontodonato, Kent State University Stephanie Whitus, Aurora University

Sheryl Van Horne, Arcadia University
Tim Wadsworth, University of Colorado at Boulder
Arnold Waggoner, Rose State College
Kenneth Wagner, Lynchburg College
Kevin Walsh, Aurora University
Francis W. Williams, Bridgewater State College
Tracey Woodard, University of North Florida
Brian Woodworth, Olivet Nazarene University
James L. Wright, Dalton State College
Richard Wright, Bridgewater College

Class Test Participants for the First Edition

Brian Woodworth, Olivet Nazarene University, and his students:
Kevin Arthur, Benjamin Backstrom, Seth Barrigear, Amanda Bender, Earl Bentley,
Sarah Bodner, Faith Cavender, Simone Coburne, Howard Coleman-Patton, ­Cassandra
Collins, Matthew Compton, Victoria Conley, Sarah Cook, Jonathan Damron, Justin
Fahy, James Funk, Bradley Giamalva, Jessica Hafner, Tyler Hamilton, Erica H­ ammond,
Luke Hasselbring, Jarad Holbrook, Samantha Holmes, Ross Johnson, Andy Knol,
Erin Koehn, Randall Koehn, Kim Kratz, Ryan Lalone, Marcel Maiden, Gina Martin,
Jerett Martin, Alan Meyers, Bradley Miller, Rhandyl Morris, Kristin Nichols, Andrew
Pfundstein, Amy Preston, Jacob Ryan, Lukas Schindler, Laura S ­ hickles, Tim Siadak,
Joshua Smarrella, Benjamin Tobey, Lindsey Tobias, Jaclyn Travnik, Amanda Vanderpool,
Jessica Voss, Marcus Washington, Michael Williams, and Jeremy Woods.

Alisa Smith, The University of Tampa, and her students:

Ian Berry, Kristina Egitto, Laura Fogg, Taylor Glatzer, John-Patrick Haney, Zachary
Iacovino, Brittany Morgado, Miranda Nordell, Leah Paddock, Megan Podschine,
Joshua Ratliff, David Saucedo, Allison Streeker, Laura Worrell, Zachary Yaeger, and
Kristine Zambito.

00-Owens-FM.indd 24 28/03/14 4:58 PM

Another random document with
no related content on Scribd:
camels, they cannot get on. Zeïn left yesterday for Akka to bring his
people here to accompany me, if possible, as it is now settled that I
am not to go to the tents at all, but make direct for the Sahrá, and
proceed to Tumbuktú without seeing even a tent or a single person.
We have just finished a consultation, when it was determined to start
on Thursday night. The journey will be accomplished in a very short
time, as the camels are to drink only six times. How we are to
manage I know not, as we can carry but little of any thing, and from
all appearances I fear there will be no káfilah this year. All are in
great alarm. Mohammed El Abd has learned that people are on the
look-out at the tents for my arrival, and it has been told them that I
am coming for certain with the káfilah; which is accordingly to be
delayed here for three or four days, so that we shall be a good week
on the road before it is known that we have got off. I am happy to
say that I have picked up amazingly, and have now no fears about
my health. I should have liked your glass of wine, but it did not reach
me. Hájí Abíb will bring back the horse and my gun, of which the
latter is to be sent to England; but unless you can do it easily, not till
you hear from me at Tumbuktú. Mohammed El Abd says he wants to
go to Suweïrah, and shall carry my letter to you himself and say,
there is the letter from Yel Yayha: the Taghakánths have kept their
word; God grant that he may.
“Evening. The people have returned. One man was killed, and
another shot through the arm on the road we passed on Friday.
“Wednesday, 16.—The answer from the Woobed Allah, which was
expected this morning, has not arrived. Mohammed El Abd says,
that if they do not come here as written for, he will start to-morrow
night or Friday morning without them. They were intended to form an
escort for the three first days. The attention and civilities of my host
continue unabated. I suspect, however, that the Taghakánths live so
poorly in their own quarters, that they are loath to leave any place
where there is good food and no paying for it. By our present
arrangements we shall save nearly six days, as the tents are not in
the direct route. It is, however, impossible to get any certain answers
or information to be depended upon. Changes take place every hour
not only in places, but in persons; and the man, who at one time was
as true as the sun, and to be trusted with any thing, is at another a
thief and haràmi.”
“P.M.—The son of the Marabout Sheïkh has arrived with a party of
horse, who are to escort us across the Wad Draha, and one day
beyond.
“You must, my kind friend, excuse me for again adverting to one
of my former letters. But the great interest you have taken in the
success of my enterprise, and the immense trouble you have had,
demands every possible return on my part. I am still in the district of
Wád Nún, where I can assure Sheïkh Berúk is scouted and laughed
at by all. Every body thinks with me, that he is worth nothing: that he
is speculating with the property of others; his whole tribe, excepting
Hájí Abíb, are bad, low and disreputable. Do not let him overdraw
too much, or you will be a loser. His life is not a good one, and as to
his sons they are the greatest rips I ever saw. Every step we have
taken from his cursed place, we have found the people improved, far
more liberal and hospitable, and although they are rather savage,
they exhibit a nobleness of character, of which there is not a particle
in the family of Berúk. If I mistake not, Seyd Boazer will open your
eyes as to this crew.
“Night.—All is at length settled, and we start to-morrow morning at
the break of day. I believe the káfilah will be allowed to proceed,
although one mithcal a head is to be paid, and we have fifty persons
and one hundred camels. I am unable to tell you for certain the route
we are to take, as it will depend upon circumstances. Only two
persons beside Mohammed El Abd accompany us, so that after all
the talk at Wád Nún, I shall go in my original party of five, including
Abú and myself. I fear there is much suffering before us, as no
preparation has been made for any kind of food by the Taghakánths.
Berúk put up for us one canter of rice, and one of barley; but El Abd
can eat about six pounds a day. There are no milk camels here; and
as we do not go to the tents, I fear I shall be deprived of this luxury. It
is said, however, that one has been sent for, and is to meet us, I
hope in good time. I knew from the first my route was the most
difficult and dangerous; but it has far exceeded my expectations.”
 In a postscript Mr. D. adds—“All are in bustle and all in fear, but
Abú and myself;” and yet in a letter dated Wád Nún, October 7th
1836, he says—“My mind is made up to the certainty that I shall
leave my bones in Sudán.” Still with all these misgivings his zeal in
the cause of science never abated one jot. “Before this reaches you,”
he says, “I shall be wending my way over Africa’s burning sands to a
sort of fame, or the sad ‘bourne from which no traveller returns;’ if to
the former, truly happy shall I be to renew your valued friendship; but
if to the latter, think sometimes of the poor lost wanderer.”
The laurel of fame to which Mr. D. aspired, was he feared
reserved for a more successful adventurer in the person of Monsr.
Antoine D’Abbadie, who said in the rooms of the Royal Society, that
he should give Mr. D. the go-by in Sudán, that he had been ten years
preparing himself for the trip, and had come to London to get an
English passport, as he intended to travel à l’Anglaise, for the French
were in bad odour amongst the natives of Africa, in consequence of
their forcible occupation of the country. “He was,” says Mr. D. “a
good naturalist, and astronomer, and had ample means at his
command, insomuch that he purposed, like Monsr. le Baron Taylor,
to travel en Prince with his servants in hose and doublet, &c. But
think you that I who wear the sword-belt of his Britannic Majesty’s
Agent and Consul General, high and exalted in fame and dignity, will
allow myself to be beaten by a Frenchman! If I do I’ll— No, I never
swear. Abú shall make kuskasu of me first.” To the preceding
specimen of the liveliness of Mr. D.’s mind, may be added the
following. “Your Excellency’s writing and mine remind me of the old
proverb—‘Tel Padron, tel Secretoire.’ I will, however, back yours to
be the most difficult. This is as it should be. The disciple must not be
above his master. You will say I write hard scratches. I know it—I
have only steel pens.” So too when speaking of some extract of
camomile sent from Gibraltar, he remarks that “the druggist ought to
present it to the Society of Antiquarians, and accompany it with a
paper to prove that it was some of the veritable remains of the
medicine chest, that Noah carried with him into the Ark. Its antiquity
would give a fair colour for the assertion.”
 Mr. D., however, could at times act the philosopher as well as the
punster. At the conclusion of the account of his trip to Wád Draha, he
says,—“I am in better health than ever, and never was in better
condition. The Sheïkh backs me to win. I worked harder than any
man, and never once touched meat; out-walked all, out-rode some,
slept less than any, and never but once lost my temper. The people
in this district are between the Moors and the Arabs, and the hardest
to manage. I cannot tell half the pleasure and profit I have derived
from this excursion. I have visited a large track of country, quite
unknown to Europeans, and have seen much of Arab life; heard their
discussions on politics, and the stories of their bards, who are wont
to beguile away an hour or two of the night together, with a history of
the migrations of the various tribes. I can now compare the Western
Arab with his brother of the East. I have for some time made up my
mind that happiness is ideal; that to too many of us it is ‘the gay to-
morrow of the mind, which never comes.’ If any people, however,
can be justly called happy, the Arabs on the borders of the Sahara
are so. Confident in the power of their religion to gain them Paradise;
creating for themselves no artificial wants, and perfectly satisfied
with what nature provides for them, they calmly resign themselves to
the will of Providence, and are strangers to all care. I am neither a
missionary nor a cobler, and have nothing to do with the care of
souls or soles; but I really feel that any attempt to alter the course of
these people’s lives might be fairly met with the observation of the
Satirist, who knew human nature so well.

Pol me occidistis, amici,

Non servastis, ait; cui sic extorta voluptas
Et demptus per vim menti gratissimus error.”

In allusion to the few wants of the Arab Mr. D. says in a loose

memorandum, “His camels not only carry his wives, children, and
tent, but feed them; his cows enable him to sell two or three jars of
butter, and his fowls a basket of eggs weekly; his sheep will give him
twenty-five lambs annually beyond what he consumes; the wool from
them gives him from four to six haicks and a carpet; his barley feeds
his cattle while vegetation ceases, and some of it is sown to re-
produce and make his kuskasu.”
 Various detached Notes at the end of Mr. Davidson’s Journal.[126]

The Mazzabibs’ dwelling between Tangier and Algiers at Wady

Mezzal, are called Moaterzelites, i.e. dissenters. They refuse to pay
reverence to the companions of the prophet. Their language is
Berber. All the people in the desert are familiar with the art of making
gunpowder; they collect the earth and mortar of ruined towns. From
this they make a ley, which is boiled until it acquires consistency:
with one pound of it are mixed four pounds of sulphur, and four
pounds of charcoal made from the oleander-wood. These
ingredients are kept together for three hours, and the powder is fit for
use. In D’jebel Eesay they find a considerable quantity of lead.
The word sibkah is used for salt plots (pits), of which there are
many.
In the Wady Souf, between Tibat and Ghadames, many
meherries, i.e. swift dromedaries, are bred.
In Ghadames there are many ulemmas and talebs, i.e. writers.
In Matemater, Coptic is said to be the language in use.
In Terjgiert, there is a people called Medjehrah, of Jewish
extraction, who, to escape death, embraced Islamism. They have the
peculiar Jewish features, and the Arabs say, their houses have the
Jewish smell. They live in quarters set apart for themselves; but they
do not intermarry: they are scribes and merchants, but are never
raised to the office of káid or imaum: they do not observe Friday as
the Sabbath. The great drink here is made from the date.
In both Rife and Suse, the Jews go armed: they are, however, the
property of the Moors, who arm, and send them out as a sort of
substitute, and by whom they are supported, and allowed a greater
liberty than at Tangiers. In the mountains in the neighbourhood of
Tangiers, the Jews act as guards to conduct the Moors. They have
all a master, whose shoe they carry, which serves as a protection.
They pay tribute, not in money, but in work, the Moors finding the
former. The principal trade is in grain and oil: the masters are
Berbers, all of whom ride mules. Every douar has its sheïkh and
káid, who are Moors, and possessing each a jurisdiction, but not the
power of punishing in all cases. Their religious worship is the same
as the other, but little cared about. In the whole valley there may be
about five hundred. They have their sacred books, synagogue, and
rabbi; and they make a pilgrimage to the tombs, distant two and
three days’ journey. All the douars have large vineyards, and
manufactories of haicks, carpets, &c. which are sent to Tangier. They
do not speak Arabic, but Berber or Shelluh.
The Arabs evidently borrowed their letters and their power in
pronunciation, and numerical value, from the Hebrews. But the
arrangement of the two differs entirely. From the circumstance of the
Shelluh or Berber having a greater affinity to the Hebrew than the
Arabic, I am led to believe the Shelluh more ancient than the Arabic.
The Berbers are the aborigines of Barbary: they extend over an
immense space. They have a settlement at Wadan, another at
Sausaceding (Susee-dan), and Yamina: they are to be found
likewise in Houssa. I presume that Berbera on the eastern coast
must contain the same people. During my visit there, I had an
opportunity at getting at their language, of which there are several
dialects, between the northern and southern range of the Atlas. That
of Marocco and the north is very different from that of the Sahara
and Súdán, which is very pure. There is, however, a greater difficulty
in writing and reading the latter, where the diacritical points are often
transposed or omitted.
The washing of the dead is performed thus: a large sheet is
thrown over the body, a man then wraps his right arm and hand in a
napkin, water is then poured on the sheet, through which it passes to
the body; the right side is first washed, then the left, next the back,
and then the front; sticks are laid under and over the body to prevent
the earth from touching it.
Ablutions are performed with sand in the desert, and sometimes
even in the house to save the trouble of fetching water. This sand
bath has given rise to the saying, that “sand is useless where water
is plentiful.”
 The Fash-hook which produces the Ammoniacum does not
extend in any quantity beyond Agadeer, nor is there much below
Suweïrrah, the Derjmuse, or Euphorbium occupying its place.
The urine taken from camels which are giving suck, and drunk
warm, is used as a purgative, and to increase the appetite.
Of the serpents the Busk-ah (black serpent) is most dreaded;
although the poison of the Ef-ah (the yellow spotted one) is the most
active in operation. The former is, however, very irritable and quick in
its movements. I saw one June 8th.
The Camelion (Tatta) is very common about Wad Nún, and is
called the serpent’s enemy.
One of those strange animals between a bull and a female ass
was seen at Wád Nún: it is called jemmel. There is likewise a breed
between the bull and mare.
The falling sickness, and the being possessed by a spirit, are
diseases not known at Wád Nún.
The Tigghi, a small fish, like the sand-eel is found in most of the
rivers of Súdán. The effect produced by this on the system is very
curious. Like the torpedo or gymnotus lumbricus it paralizes the
whole body, and takes away the senses for nearly half-an-hour. It is
about eight inches long, and is much dreaded by the people. The
common mode of taking fish is to put into the water a quantity of the
Yeghan Touno, a small tree about five feet high. This intoxicates the
fish, and renders them blind, when they are easily caught.
There are great quantities of Crocodiles of a large size, and hosts
of Alligators. The gall of the former is always taken out and burnt, as
it is supposed to poison the water. The Kaaux has a smooth skin but
is in other respects like the Crocodile. The Kooroom lives entirely on
land, and is similar to the Guana. Hippopotami abound in the rivers
of Kong, and are called Máleh or D’jero Máleh. Their flesh, which is
eaten, is considered a delicacy: they come out of the water about
four P.M., and are easily taken. Darquey, the animal between the bull
and mare, is likewise eaten: it is large as a horse and is very fleet.
There is an animal about the size of a large dray-horse, red with
white stripes and two horns turning back, called the Daramah, or
Sukotelly: they go in large herds, and are very good eating. There
are also elephants, called m’hoor-do, out of number. Of the Sinsi the
meat is not eaten; it is hunted chiefly for its eggs. The Tange is
somewhat of the same species, but much larger: others called Song
are like small red heifers; but they never leave the banks of rivers.
The hyenas, called Minna, are in great numbers. The Japp is like a
small goat. There is a very beautiful species of Antelope, jet black,
called Tuba. The Giraffe is seen frequently, but it does not come
near the towns; they are, however, much sought after by the rich
(Congo Yomee). Buffaloes, called Siggi, are found here together with
musk-rats, &c. Of birds there are bustards, wild turkies, eagles and
vultures. The kites will take the meat out of the people’s hands.

The direction of the Letter to Hámed Libbú.

Please the high God, it will reach the hand of the great King, who
now possesses high authority and high fame, exalted in person and
rank:—the Sultán Hámed Libbú, the lord of the city Tumbuktú,
renowned in Africa. May God continue his assistance, and comfort
him. Amen.

[The following letter was addressed to Lieut. Holland, commanding

H.M.S. Scorpion, which vessel was sent to carry dispatches and
presents to Mr. Davidson: but owing to the very rough weather,
and the state of the bar at the entrance of the river, they were
unable to land on the coast near Wad Nún. It is inserted here, as it
helps to shew the great interest felt in the geography of the
country which Mr. Davidson was so anxious to explore.]

“Royal Geographical Society of London,

“Sir: 11th November 1837.
“I am directed by Sir John Barrow, as President of the
Geographical Society, to call your attention to our want of information
relating to the lower part of Sús, in the empire of Marocco; especially
with regard to the rivers Wad Nún, Wad Soleïman, or Asaka, Wad
Mesah, &c.; as your visit to Wad Nún, in order to communicate with
Mr. Davidson, may enable you to obtain some knowledge of them, I
take the liberty of sending you the following questions and
suggestions, which may be found useful in collecting geographical
information:
“I have also the pleasure to enclose to you our latest map of
Marocco, an account of Lieut. Arlett’s recent survey of that coast,
and an extract from Mr. Davidson’s letter from Wad Nún—if you read
over these papers, it will enable you the better to judge of what we
want:
“1. In sailing down the coast of Marocco, should you be near
enough to distinguish the various small towns on the coast, notice
especially those between Cape Blanco (north) and Cape Cantín, as
the ruined town of Walidíyah is said there to exist in about 33° or 33°
15′ N. lat.—describe the situation of the towns, and if there be any
appearance of an opening to a bay three miles in diameter said to
exist—the opening, if any, must be very small.
“2. Four miles southward of Cape Gír, the Wád Sús falls into the
sea; from fifteen to twenty miles further south another stream flows
to the sea; describe its appearance, and endeavour to obtain its
name—Is it Wád Mésah?
“3. About twenty miles further south another stream falls into the
sea; also describe its appearance, and endeavour to obtain its
name.
“4. In lat. 29° S., a river, said to be called Wad-e-stá, falls into the
Atlantic; describe its appearance, and ascertain its name.
“5. A few miles south of Cape Nún, a large river has its outlet;
what is its name?—Is it Wad Nún, Wad Soleïman, Wad Asaka or
Wad Akassa, or Wád el Aksá, or none of them?
“6. The same difficulty as to name, applies to the river about
twenty-five miles south of the last-mentioned?
“7. Does any river, called Wád Dar’ah, fall into the sea? according
to our maps it loses itself in the interior.
 “8. The town of Wad Nún will probably be found at about forty
miles from the sea; should you ascend to it in your boats, pay great
attention to the windings of the river, its breadth, height of banks,
rate of current, and depth of water, especially on the bar.
“9. Determine, if possible, the lat. and long. of the place, its height
above the sea; describe its position, estimate its population, &c.
“10. Does it stand on the banks of a river?—if so, what is its name
—where does it flow from—is it said to be dry in the summer season
—and is it at other times navigable for boats?
“11. Take the bearings, and estimate the distance of all mountain-
peaks in sight from the town; and give the general direction of the
range, or ranges, of Atlas seen from it.
“12. Ascertain how many days’ journey from Wad Nún (town) to
Akkah, to Sók-Assah, to Talent, and to ’Agadír; and, if possible,
obtain itineraries from natives.
“13. In sailing down the coast, note all the snowy peaks seen of
the Atlas range, which must be in sight from Cape Cantín southward,
and give their bearings. As from the latter Cape, till you reach the
parallel of Mogadór, there is no object in keeping close in shore, it
would be better to run down at such an offing as will enable you to
see the distant peaks, which otherwise the high land of the coast
may conceal.
“14. From a little experience among the Moors, I may venture to
suggest that firmness, united with conciliatory manners, will soon
make them your friends. A very trifling present of gunpowder, snuff
or tea, but especially of the former, will obtain you all you want. It
must be given with judgment, not too lavishly, nor before many
persons. With respect to astronomical observations, if you persuade
them that you are only regulating your watch, and at the same time
offer to correct theirs, they will not interrupt you. Whether their
watches keep time or not, is of no importance.
“15. By all means take with you a chronometer, an artificial
horizon, a sextant or circle, a prismatic compass for taking bearings,
and a mountain barometer, and direct that a register of the
barometer, left on board, be kept while you are up the country.
“16. It will be very advisable to take with you your Assistant-
Surgeon, if he can be spared, as medical advice, and a little
medicine go further with the Moors than any other knowledge—
besides he may also have leisure to pay some attention to the
natural history of the country; or at least to collect a few plants and
some geological specimens: if you can also take with you a
draughtsman it will be very desirable.
“17. In conclusion, all geographical information will be valuable;
note it immediately in a journal as fully as possible; and be so good
as to preserve your original notes and observations, and mark hear-
say information with the name of the informant. I need hardly add it
is absolutely necessary that you should have a good interpreter, who
will probably be procured at Mogadór (or according to your
instructions from the Admiralty); and you must be provided with a
few trifling presents as beforementioned, gunpowder, snuff, tea,
gaudily printed cotton handkerchiefs, which are valued in the order I
have placed them.
“Begging you to excuse the freedom with which I have offered
these suggestions, and heartily wishing you success,
“I have the honour to be, &c.
“To Lieut. Holland, H.M.S. Scorpion.” “John Washington.”

“Royal Geographical Society of London,

“Sir: 26th October 1836.
“I have the pleasure to acknowledge the receipt of your letter,
dated Wad Nún the 22d May; and am much more gratified to hear
that you have arrived thus far without any serious accident, and
sincerely hope it may be an earnest of future success. As an
opportunity offers of sending you a letter direct, and as it may
possibly still find you at Wad Nún, I write to say that any details
relating to the topography of your immediate neighbourhood will be
very acceptable to the Geographical Society, as we know nothing of
it, and but little of the country you have lately traversed, between
Mogadór and Wad Nún.
“To save you trouble I have drawn up a few questions, requesting
you, when you do not reply to them from personal knowledge, to
state on what authority you give the answer, and whether you think it
may be relied on or not.
“1. Does a river called Wad Dar’ah pass through the town of Wad
Nún, and does it flow to the sea?
“2. Do you know Wad Tegréwelt, and where is its outlet?
“3. Is Wad-el Gas [?] the same as Wad Mésah, and where is its
embouchure?
“4. Is the town of Mésah on its banks, and how far from the coast?
“5. How far south of the river Sús does the river Mésah flow into
the sea?
“6. Does a river Assa exist? if so, where is its outlet?
“7. How far is Mésah from ’Agúlú?
“8. How far is the town of Tárúdánt from the mouth of the river
Sús? or from Santa Cruz?
“9. Our latest maps represent a branch of the river Sús, named
Rás-el-Wad, rising thirty-five miles E.S.E. of Tárúdánt, running fifty
miles to the S.W. circling round Mount Elálah, then flowing north fifty
miles to join the river Sús, can you ascertain if this is correct?
“10. How far is Tedsí from Tárúdánt?
“11. Riley mentions Wád-e-Stá, between Istúkah and Santa Cruz,
does it exist, and where?
“12. Are the towns of Istúkah and Talent on the river Assah or
Mésah, and if so, how far from Mésah or from each other?
“13. Does a place called Gueder or Port Hillsborough exist, or is it
the river Reguela of Arlett’s chart?
 “14. Is the river Nún also called the river Akása?
“15. Is the river Soleïman, or the river immediately to the
southward, of Cape Nún, of any extent and where is its source? Is
any town situated on it?
“16. Is there any large town between Istúkah and Nún?
“17. Can you give a tolerable estimate of the population of any of
the places above-mentioned?
“19. You state Adrar to be fifty miles south of the position assigned
in our maps. Is not Adrar the name of a range of mountains, not of a
town?
“Pray excuse these detailed questions, but seeing the confusion
in our maps, and knowing your zeal in the cause of geography, I
venture to trouble you with them; let me recommend you, if possible
to send duplicates of your information at every opportunity, for while
travelling, in a wild and uncivilized country especially, it is difficult to
ensure the safety of your papers.
“Mr. Renouard is well, and thanks Abú Bekr for his
remembrances: he desires his kind regards to you and to him.
“Accept, dear Sir, our best and warmest wishes for your success;
yet let me entreat you not to endanger unnecessarily your life even
with the hope of accomplishing your journey to Tumbúktú; for
however desirable it may be to reach that place, it is not worth
risking life to obtain it.
“I am, very faithfully yours,
“(Signed) John Washington.
“John Davidson, Esq., Wad Nún.”

[The following letter was addressed to Mr. Vice-Consul Willshire at

Mogadór, but forwarded by that gentleman to Mr. Davidson, who
endorsed upon it the annexed answers to the questions contained
in it.]
 “Dear Sir: “United Service Club, Charles Street, St.
James’s,
London, 1st March 1836.
“From your kindness and civility towards my friend, Lieut. Arlett,
who visited Mogadór, in command of H.M.S. Etna, and your
readiness to give him all the information in your power, I feel no
hesitation, although an entire stranger, in writing to you, to beg more
information relating to the southern part of the empire of Marocco;
as, in consequence of Arlett’s late survey having cut off a large slice
from our maps between Santa Cruz and Cape Nún, several towns,
such as Istúkah, Nún, &c. must be wrongly placed; if you can supply
any notes on the subject, I shall feel much obliged to you, and shall
gladly make use of them to correct our maps.
“I may mention that I feel the more interested in this country,
having accompanied Mr. Drummond Hay in his visit to the city of
Marocco, in 1830, and thus having had the opportunity of correcting
the map of the more northern parts of the empire.
“I have the pleasure to enclose for your acceptance, the best map
hitherto published of Marocco, that of Count Grăberg af Hemsö, and
to beg you will point out all the errors that you may be enabled to
detect. In order to save you some trouble, I have drawn up a few
questions, begging you, when you do not give the answer from
personal knowledge, to state on what authority it is given, and
whether you think it may be relied on.
“1. How far south of the river Sús does the river of Mésah flow into
the sea; and is it known by that name to the natives, or by what?
“2. How far from its mouth is the town of Mésah situated?
“3. Is it a place of any importance now, and what may be its
population?
“4. Does a river Assah exist? if so, where is its outlet? or are
Assah and Mésah the same river? is either known by the name of
Tesset?
“5. How far is the town of Mésah from ’Agulú?
 “6. How far is the city of Tárúdánt from the mouth of the river Sús,
or from Santa Cruz?
“7. What is the name of the stream just south of Mogadór? is it
Wad al Ghored? and is it a stream of any size or extent? where is its
source?
“8. The map represents a branch of the river Sús, named Ras-el-
Wad, winding round Mount Elalah, and joining the Sús at Tárúdánt;
does such a river exist, and is this any thing like its course?
“9. How far is Tedsi from Tárúdánt?
“10. Riley mentions Wad-e-stá, between Istúkah and Santa Cruz;
is it rightly named, and where is its outlet?
“11. Are the towns of Istúkah and Talent on the Assah or Mésah;
and if so, how far from Mésah, or from each other?
“12. Does a place called Gueder, or Port Hillsborough, exist? or is
it the Wad Reguela of Arlett’s Chart?
“13. Does a town called Wad Nún exist? or is it the name of a
river, or of the country?
“14. How far is the town of Nún from the mouth of the river Nún, or
from Cape Nún? and is it situated on the river Nún?
“15. Has the river Nún any other name? either Akassa or Wad-el-
aksa?
“16. Is the river Soleïman, or the river immediately to the
southward of Cape Nún, of any extent, and where is its source? is
any town situated on it?
“17. Is there any town between Istúkah and Nún? how far is
Ufaran from Talent?
“18. Can you give a tolerable guess at the population of any of the
towns mentioned? and especially of Mogadór, Santa Cruz, &c., and
the number of Jews they contain?
“Any other geographical information, towards correcting our maps
will be thankfully received. May I beg you to take as early an
opportunity as you conveniently can to answer these questions, and
with every apology for the trouble I am giving
“Believe me, my dear Sir, faithfully yours,
(Signed) “John Washington.”

[The following replies were written by Mr. Davidson.]

“Question 1. About fifty-four miles—it is known by the name of
Wad Mesah, and also called Wholgrass [?]
“2. The town is Assah, distant about two miles—a few scattered
houses on each side to within half a mile of the sea.
“3. Of no importance; famed only for having near it a Tuesday
market, to which many people resort—its population may be one
hundred persons.
“4. Assah is the name of the district through which the river Mesah
flows: neither is known by the name of Tesset.
“5. From ’Agulú fifteen miles; large town with a population of about
six hundred.
“6. Equidistant; about thirty miles from each; and visible from both.
“8. The Rás el Wad comes directly from the mountains, and
passes by Tárúdánt where it takes the name of Sús.
“9. Tedsi is about twenty miles E.N.E. of Tárúdánt.
“10. I can learn nothing of Wad-e-Stá.
“11. There is no town called Stuka, it is a district; none that I can
find, called Talent, there is Tilin; the Mesah flows through Stuka, in
which district are twenty settlements, or towns if you like, some of
them are large; they are known in general by the name of the
Sheïkhs who inhabit them, I stopped at Sheïkh Hamed’s; Tilin was
distant from this spot a day’s journey in the mountains towards the
source of the river.
“12. This place is called Isgueder but not known by the name of
Port Hillsborough; the people called the small river here Edaoguma;
on this stream are twenty-five mills.
“13. Wad Nún is a large district having many clusters of
habitations; the town where the Sheïkh resides is of a good size; has
a Millah and a good market; it stands on the river (such as it is),
distant twenty-two miles from the sea.
“15. Wad el Aisa comes from the mountains above Sok Aisa, and
as it passes through the district of Wad Nún, it takes the name of
Assaka.
“16. I have not yet been beyond two miles south of Wad Nún.
“17. There are at least twenty villages between Stuka and Wad
Nún. If by Talent, Tissert is meant. Oferen is distant six miles.
“18. Population of Agadir forty-seven Mohammedans; Jews
thirteen heads of families, and with their children amount to sixty-
two. At Fonte, which is the port, about two hundred—no Jews.”
 Extracts from Mr. Davidson’s Letters.

The following extracts are given with the view of explaining some
allusions made in the Journal.
In a letter to Mr. G. D———d, Mr. Davidson says, “after
endeavouring to enter Africa in forma pauperis, I tried another tack,
and got up a staff of six officers in field-day regimentals, and
embarking in a brig of war the ‘Jasséen,’ landed at Tangier under a
salute of eleven guns. This stamped me at once as a great man; and
though I have been somewhat accustomed to such kind of
greatness, I find it not very pleasant here, for I have Messúd, my
Jewish interpreter, and Ben Hayed, my Moorish interpreter, and I can
hardly stir without both being on the alert, the one watching my
mouth, the other my eye.”
Speaking of the feelings of the natives towards a foreigner he
says, “the people here are worse than any I have yet seen; they hate
me because I am a Christian, although they are ready to praise me
for my kindness to Abú, who is half-anxious and half afraid to
proceed. His health is bad and spirits worse, and his powers quite
unequal to what we shall have to go through. We certainly run some
risk: I am very careful what he eats, and much fear that the threats
thrown out against his getting back will prove too true. As for myself,
I pass the time in riding with the Taurick, chatting with the Jews, and
taking snuff with the Moors.”
Speaking of the Mona he observes, “I had to pay for a sheep,
fowls, eggs, bread, and preserves, but being neither butcher,
poulterer, baker or confectioner, the things were of little use to me.
They call the present Mona, which may mean Manna; and as these
vagabonds call themselves the image of God upon earth, they think
it enough if they give only food.”
In allusion to the Lob el Barool he says, “It is literally ‘the game of
smoke,’ and played by soldiers on horseback, who fire off their guns
with only blank cartridges; but sometimes they put in a ball, which is
sure to strike, of course by mere accident, a Christian.”
 With regard to the ruins near the outset, Mr. D. seems to think
they are Druidical, and he compares them with the remains of
Stonehenge in Wiltshire.
Speaking of his medical life in Africa, he says, “all whom I cure
come to be paid for allowing me to improve myself in my profession,
and demand a piece of coin for every dose they have been taking;
while those I fail to cure abuse me for want of skill, and threaten to
shorten my life for not prolonging theirs.”
The allusion to the electrical horse will be best explained by the
following letter, written by Mr. D. to Professor Faraday, and by whom
it was read at the Royal Institution.
“The great interest you take in all matters relating to electricity,
and the great advantages which have resulted from your researches
in that science, induce me to call your attention to a circumstance,
perhaps not new to you, but which has recently fallen under my own
observation. I received from the Sultan of Marocco the present of a
horse of a peculiar breed, and as every person in this country is his
own groom, I observed a peculiar tingling sensation in the hand on
dressing the neck of the animal; this I attributed at first to the dirt and
vermin with which the poor animals here are infested, and then
thought no more of it. On leaving Marocco I proceeded towards the
Atlas; and whenever I had occasion to consult my compass I found it
extremely difficult, nay, impossible to keep it steady. I supposed this
was owing to my sword and pistol; but as I wore these, when
walking, without observing the same deflection, I dismounted, and
holding the compass, I still perceived the same effect as long as I
held it near the horse’s head; but when I left the animal, and put the
instrument on the ground, the needle settled to its point. After a little
reflection, the effect produced on my hand by rubbing the horse’s
neck on the near side occurred to me; when repeating the
experiment, I could perceive several distinct intimations of the same
tingling sensation. We proceeded to our halt; and as soon as the
party had sat down to their evening meal, I began to examine into
the matter more closely. It was now dusk; on passing my hand down
the neck, not only could I hear distinctly the electrical detonation, but
perceive a quantity of sparks; both were such as would be produced