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Crime and Criminal Justice

2
3
Crime and Criminal Justice
Concepts and Controversies

Stacy L. Mallicoat
California State University, Fullerton

4
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Library of Congress Cataloging-in-Publication Data

Names: Mallicoat, Stacy L., author.

Title: Crime and criminal justice: concepts and controversies / Stacy L. Mallicoat, California State University, Fullerton.

Description: First Edition. | Thousand Oaks: SAGE Publications, Inc., 2016. | Includes bibliographical references and index.

Identifiers: LCCN 2016013529 | ISBN 9781483318738 (pbk. : alk. paper)

Subjects: LCSH: Crime. | Law enforcement. | Criminal justice, Administration of.

Classification: LCC HV6025 .M3145 2016 | DDC 364—dc23 LC record available at https://lccn.loc.gov/2016013529

This book is printed on acid-free paper.

Acquisitions Editor: Jerry Westby

5
Developmental Editor: Jessica Miller

eLearning Editor: Nicole Mangona

Editorial Assistant: Laura Kirkhuff

Production Editor: Jane Haenel

Copy Editor: Jared Leighton

Typesetter: C&M Digitals (P) Ltd.

Proofreader: Scott Oney

Indexer: Karen Wiley

Designer: Janet Kiesel

Marketing Manager: Amy Lammers

6
Brief Contents

1. Preface
2. Acknowledgments
3. About the Author
4. PART I FOUNDATIONS OF CRIMINAL JUSTICE
1. Chapter 1: Crime and Criminal Justice
2. Chapter 2: Concepts of Law and Justice
3. Chapter 3: Defining and Measuring Crime
4. Chapter 4: Explanations of Criminal Behavior
5. Chapter 5: Victims and the Criminal Justice System
6. Chapter 6: Criminal Justice Policy
5. PART II POLICING
1. Chapter 7: Policing Organizations and Practices
2. Chapter 8: Issues in Policing
6. PART III COURTS
1. Chapter 9: Courts and Crime
2. Chapter 10: Punishment and Sentencing
7. PART IV CORRECTIONS
1. Chapter 11: Prisons and Jails
2. Chapter 12: Community Corrections
8. PART V SPECIAL TOPICS IN CRIMINAL JUSTICE
1. Chapter 13: Juvenile Justice
2. Chapter 14: Emerging Issues for the 21st Century
9. Glossary
10. Endnotes
11. Index

7
Detailed Contents
Preface
Acknowledgments
About the Author
PART I: FOUNDATIONS OF CRIMINAL JUSTICE
Chapter 1: Crime and Criminal Justice
Stages of the Criminal Justice System
Policing
The Courts
Corrections
Discretion and Ethics in the Criminal Justice System
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO WORK IN
CRIMINAL JUSTICE?
The Wedding Cake Model of Justice
Models of Criminal Justice
The Crime Control Model
The Due Process Model
The Influence of the Media on the Criminal Justice System
• AROUND THE WORLD: CRIME, LAW, AND JUSTICE FROM A
GLOBAL PERSPECTIVE
The CSI Effect
Reality TV
The Media and Perception of Crime Rates
Influencing Public Policy
• SPOTLIGHT: THE STATE V. JODI ARIAS
Conclusion
Current Controversy 1.1: Is Justice Served by Our Criminal Justice System?
Current Controversy 1.2: Does Mental Illness Cause Crime?
Key Terms
Discussion Questions
Learning Activity
Suggested Websites
Student Study Site
Chapter 2: Concepts of Law and Justice
Types of Law
Civil Cases
Criminal Cases
Federal Criminal Laws

8
 State Criminal Laws
Municipal Criminal Laws
Sources of Law
Constitutional Law
Statutory Law
Federal Statutory Law
State Statutory Law
Administrative Law
• SPOTLIGHT: CONCEALED WEAPONS ON COLLEGE CAMPUSES
Case Law
Criminal Law
• AROUND THE WORLD: INTERNATIONAL LAW
Components of a Criminal Act
Substantive Criminal Law
Procedural Criminal Law
Criminal Defenses
Innocence
Necessity, Duress, and Entrapment
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A DEFENSE
ATTORNEY?
Self-Defense
Intoxication
Insanity
The M’Naghten Rule
The Irresistible Impulse Test
Guilty but Mentally Ill
Conclusion
Current Controversy 2.1: Should Marijuana Be Legalized?
Current Controversy 2.2: Should Miranda Warnings Be Abolished?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 3: Defining and Measuring Crime
Defining Crime
Violent Offenses
Murder
Sexual Assault
Assault

9
 Robbery
• SPOTLIGHT: THE STEUBENVILLE HIGH SCHOOL RAPE CASE
Property Offenses
Status Offenses
Victimless Crimes
White-Collar Offenses
• SPOTLIGHT: THE BOSTON MARATHON BOMBING
Crimes Against the Government
Uniform Crime Reports
Data Collected
Rates of Crime
Data on Offenders
Limitations of the UCR
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A
RESEARCH ANALYST?
National Incident-Based Reporting System
Data Collected
Limitations of NIBRS
National Crime Victimization Survey
• AROUND THE WORLD: INTERNATIONAL CRIME DATA
Data Collected
Self-Reported Offending Datasets
Data Collected
Limitations of Self-Reported Offending Datasets
Conclusion
Current Controversy 3.1: Is White-Collar Crime Harmful to Society?
Current Controversy 3.2: Is Burglary a Violent Crime?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 4: Explanations of Criminal Behavior
What Is a Theory of Crime?
Classical Theories of Crime
Cesare Beccaria
• SPOTLIGHT: THEORIES AND RESEARCH ON CRIME
Jeremy Bentham
Biological and Psychological Theories of Crime
Foundations of Biological Theories of Crime

10
 Cesare Lombroso
William Ferrero
Foundations of Psychological Theories of Crime
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A
CRIMINOLOGIST?
Sigmund Freud
Contemporary Biological and Psychological Theories of Crime
Jean Piaget
Lawrence Kohlberg
Biosocial Theories
Sociological Theories of Crime
Social Disorganization Theory
• SPOTLIGHT: FLINT, MICHIGAN, AND SOCIAL DISORGANIZATION
THEORY
Anomie and Strain Theories of Crime
General Strain Theory
Differential Association Theory
Labeling Theory
Social Learning Theory
Social Bond Theory
Control Theory
• AROUND THE WORLD: CRIMINOLOGICAL THEORY IN A GLOBAL
CONTEXT
Contemporary Theories of Crime
Life Course Theory
Feminist Criminology
Feminist Pathways
Conclusion
Current Controversy 4.1: Is There a Relationship Between Race and Class and
Criminal Behavior?
Current Controversy 4.2: Should the Criminal Justice System Treat Female Offenders
Differently?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 5: Victims and the Criminal Justice System
Victims and Crime
Theories of Victimization

11
 Early Theories of Victimology
Just-World Hypothesis
Routine Activities and Lifestyle Theory
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A VICTIM
ADVOCATE?
History of Victims’ Rights
The Current State of Victims’ Rights
Victims in the Criminal Justice System
• SPOTLIGHT: POLITICS AND VICTIMS’ RIGHTS: THE VIOLENCE
AGAINST WOMEN ACT
Who Are the Victims of Crime?
Unreported Crimes: Why Do Victims Not Report to the Police?
• AROUND THE WORLD: CRIMINAL VICTIMIZATION IN A GLOBAL
CONTEXT
Conclusion
Current Controversy 5.1: Should Colleges and Universities Respond to Campus
Sexual Assault?
Current Controversy 5.2: Is Restorative Justice an Effective Tool for Victims?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 6: Criminal Justice Policy
What Is Policy?
Why Do We Need Criminal Justice Policies?
How Do Criminal Justice Policies Develop?
Planning a Policy
Adopting and Implementing a Policy
Evaluating a Policy
Who Develops Criminal Justice Policy?
Direct Democracy
The Goals of Criminal Justice Policies
Cost-Saving Measures
Politics and Criminal Justice Policy
• SPOTLIGHT: STAND-YOUR-GROUND POLICY
Presidential Politics and Criminal Justice Policies
Congress and Criminal Justice Policies
Public Perception and Criminal Justice Policies
• AROUND THE WORLD: DRUG POLICY IN THE NETHERLANDS

12
 Research and Criminal Justice Policies
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A POLICY
ADVOCATE?
Conclusion
Current Controversy 6.1: Are Laws Requiring Sex Offender Registries Effective?
Current Controversy 6.2: Is Street-Level Bureaucracy a Good Thing?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
PART II: POLICING
Chapter 7: Policing Organizations and Practices
A Brief History of Policing
The Political Era
Reform Era
Community Problem-Solving Era
Types of Police Organizations
Federal Law Enforcement
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A POLICE
OFFICER?
Department of Justice
Department of Homeland Security
State Law Enforcement
Local Law Enforcement
• SPOTLIGHT: CROSS-DEPUTIZING OFFICERS
Special Law Enforcement Agencies
Women in Policing
Racial and Ethnic Diversity in Policing
The Importance of a Diverse Police Force
What Do the Police Do?
Police Roles
Strategies and Tactics of Policing
Random Versus Directed Patrols
Order Maintenance Policing
Community Policing
Problem-Oriented Policing
• AROUND THE WORLD: COMMUNITY POLICING IN ACTION
Predictive Policing
Conclusion

13
 Current Controversy 7.1: Is CompStat a Good Policing Strategy?
Current Controversy 7.2: Do Mandatory Arrest Policies Help Victims of Domestic
and Intimate Partner Violence?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 8: Issues in Policing
Policing and the Law
Search and Seizure
Warrantless Searches
Automobile Searches
The Miranda Warning
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A CRIMINAL
INVESTIGATOR?
Ethical Dilemmas and Corruption
• SPOTLIGHT: DNA COLLECTION
Discretion
Duty
Honesty
Corruption
Why Does Corruption Occur?
Racial Profiling
• AROUND THE WORLD: POLICING IN THE MIDDLE EAST
Research on Racial Profiling
Strategies to Reduce Racial Profiling
Use of Force
Types of Force
• SPOTLIGHT: KELLY THOMAS AND THE FULLERTON POLICE
DEPARTMENT
Police Legitimacy
Police Occupational Stress
Conclusion
Current Controversy 8.1: Should Police Agencies Require Officers to Wear Body
Cameras?
Current Controversy 8.2: Does Police Discretion Help or Harm Our Criminal Justice
System?
Key Terms
Discussion Questions

14
 Learning Activities
Suggested Websites
Student Study Site
PART III: COURTS
Chapter 9: Courts and Crime
Criminal Versus Civil Courts
Jurisdiction and the Courts System
Geographical Jurisdiction
Concurrent Jurisdiction
Subject Matter Jurisdiction
Appellate Jurisdiction
Structure of the Courts
The Federal Court System
Magistrate Courts
District Courts
Appeals Courts
Supreme Court
Women and Minorities on the Supreme Court
The State Court System
Judicial Selection
State Appellate Courts
Courtroom Participants and Their Duties
Ancillary Members
Judges
Prosecutors
Ethical Challenges for Prosecutors
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A
PROSECUTOR?
Defense Attorneys
• SPOTLIGHT: THE 50TH ANNIVERSARY OF GIDEON V.
WAINWRIGHT
Juries
Grand Juries
Trial Juries
• AROUND THE WORLD: JURIES IN A GLOBAL CONTEXT
Stages of a Criminal Court Case
Pretrial
Arraignment
Trial
Conclusion

15
 Current Controversy 9.1: Should Physical Evidence Be Required in Serious Criminal
Cases?
Current Controversy 9.2: Should We Limit the Use of Plea Bargains?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 10: Punishment and Sentencing
Correctional Philosophies
Deterrence
• SPOTLIGHT: DETERRENCE AND THE DEATH PENALTY
Rehabilitation
Incapacitation
Retribution
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A DRUG
AND ALCOHOL COUNSELOR?
Restoration
Determinate Sentencing
Sentencing Guidelines
Opposition to Sentencing Guidelines
Indeterminate Sentencing
Mandatory Sentences
• AROUND THE WORLD: CRIMINAL SENTENCING IN CHINA
Opposition to Mandatory Sentences
Capital Punishment
Legal Challenges
Methods of Execution Under the 8th Amendment
Firing Squad
Hanging
Electrocution
Lethal Gas
Lethal Injection
Conclusion
Current Controversy 10.1: Do Habitual Sentencing Laws Deter Offenders?
Current Controversy 10.2: Is the Risk of Executing Innocent People Acceptably Low?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites

16
 Student Study Site
PART IV: CORRECTIONS
Chapter 11: Prisons and Jails
History of Jails and Prisons
The Pennsylvania System
The New York System
The Reformatory Era
The Punishment Era
Jails
Jail Inmates
Jail Challenges
Types of Prisons
State Prisons
• AROUND THE WORLD: PRISONS IN RUSSIA
Federal Prisons
Private Prisons
Military Prisons
Prison Security Levels
Issues in Incarceration
Racial Disproportionality
Overcrowding
Prison Misconduct
Prison Gangs
Sexual Misconduct
Legal Rights of Prisoners
• SPOTLIGHT: THE INCARCERATION OF THE MENTALLY ILL
Correctional Officers
Conclusion
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A
CORRECTIONAL OFFICER?
Current Controversy 11.1: Should We Use Supermax Prisons to Control Offenders?
Current Controversy 11.2: Is Segregating Prison Populations a Good Policy?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 12: Community Corrections
Pretrial Release
Bail

17
 Release on Own Recognizance
Pretrial Release Programs
Diversion
Juvenile Programs
Specialized Courts
Probation
A Brief History of Probation
Probation in the 21st Century
• SPOTLIGHT: RECIDIVISM
Types of Probation
Duties of the Probation Officer
The Presentence Investigation Report
Probation Revocation
Intermediate Sanctions
• AROUND THE WORLD: PROBATION IN ITALY
House Arrest and Electronic Monitoring
Day-Reporting Centers and Work/Study Release Programs
Halfway Houses
Parole
A Brief History of Parole
Parole in the 21st Century
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE A
PROBATION OR A PAROLE OFFICER?
Role of Parole Officers
Issues in Reentry
Employment Challenges
Disenfranchisement
Drug Addiction
Access to Health Care
Access to Resources
Conclusion
Current Controversy 12.1: Should We Use Risk/Needs Assessments to Identify
Offender Needs?
Current Controversy 12.2: Is Parole an Effective Correctional Strategy?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
PART V: SPECIAL TOPICS IN CRIMINAL JUSTICE

18
Chapter 13: Juvenile Justice
History of the Juvenile Justice System
Structure of the Juvenile Court
Delinquency Cases
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO WORK IN
JUVENILE JUSTICE?
Dependency Cases
Juvenile Justice Process
Intake
Processing
Adjudication
• AROUND THE WORLD: JUVENILE JUSTICE IN JAPAN
Demographics of Juvenile Offenders
Issues in Juvenile Justice
Juvenile Waiver
Legislative Waiver
Prosecutorial Waiver
Judicial Waiver
Juvenile Sentencing
Juvenile Confinement
• SPOTLIGHT: THE D.C. SNIPERS
Conclusion
Current Controversy 13.1: Have Zero-Tolerance Policies Made Schools Safer?
Current Controversy 13.2: Should the Juvenile Court Be Abolished?
Key Terms
Discussion Questions
Learning Activities
Suggested Websites
Student Study Site
Chapter 14: Emerging Issues for the 21st Century
Terrorism
Types of Terrorism
Prevalence of Terrorism
• SPOTLIGHT: CYBERTERRORISM
Homeland Security
Responses to Terrorism Before 9/11
• AROUND THE WORLD: TERRORISM IN INDONESIA
Responses to Terrorism After 9/11
The USA PATRIOT Act
Drones and the Law

19
 Drone Concerns
Border Control
Immigration
• CAREERS IN CRIMINAL JUSTICE: SO YOU WANT TO BE AN
INTERPRETER?
Transnational Crime
Human Trafficking
Organized Crime
Drug and Arms Trafficking
Conclusion
Current Controversy 14.1: Should Enemy Combatants Be Denied Due Process
Rights?
Current Controversy 14.2: Does Immigration Impact Crime?
Key Terms
Discussion Questions
Learning Activity
Suggested Websites
Student Study Site
Glossary
Endnotes
Index

20
21
Preface

This text is a unique approach to studying the concepts and controversies of the criminal justice system. Like
many introductory texts, this book covers the major structures, agencies, and functions of the criminal justice
system. In each chapter, you will learn about the different features and functions of our criminal justice
system. You’ll also learn about examples of high-profile cases and how the criminal justice system has
responded to these crimes. The book also provides an in-depth look at the role of victims and policy in our
criminal justice system, two topics that are often either absent or covered in a limited fashion in most texts. In
addition, this book provides a unique look at some of the emerging issues in criminal justice for the 21st
century, such as homeland security, transnational crime, and the use of drones. Finally, you’ll learn about some
of the cutting-edge issues and debates that face the criminal justice system.

22
Organization of the Book
This book is divided into 14 chapters, with each chapter dealing with a different subject related to the
criminal justice system. Each chapter begins with an issue or topic about the themes that are discussed in the
chapter. Each chapter summarizes some of the basic terms and concepts related to the subject area.

Each chapter also provides the following features:

Spotlights.

Each chapter presents either case studies or special topic discussions on the issues presented in the chapter.
These spotlights provide you with the opportunity to learn about an issue in depth or to investigate a real-
world event in light of the terms and concepts presented in the text.

Around the World.

Each chapter presents an international example of how criminal justice systems function around the world.

Careers in Criminal Justice.

Each chapter provides an example of a criminal justice career that you may choose to pursue.

Current Controversies.

Within each chapter, you’ll be presented with two current controversies that the criminal justice system faces.
Within each of these debates, you’ll be presented with the pros and cons of each topic, followed by critical
thinking questions to help you think more deeply about these key issues.

23
Chapter Contents
Chapter 1: Crime and Criminal Justice provides an introduction to the issues of crime and justice. In this
chapter, you will learn about the criminal justice system and the different models that help describe its
functions. You’ll also learn about the role of the media and how information about crime is shared with the
public. The chapterconcludes with two Current Controversy debates. The first, by Kareem L. Jordan,
questions whether justice is served by our criminal justice system. The second, by Robert Schug, asks whether
mental illness causes crime.

Chapter 2: Concepts of Law and Justice investigates the concepts of law and justice within our criminal justice
system. In this chapter, you will learn about the development of law and how it relates to the criminal justice
system. The chapter begins with a discussion on the different sources of law in the United States. The chapter
then focuses on the different types of law and their relationship to the criminal justice system. You’ll also learn
about the different legal defenses that are used in the criminal courts to explain or justify criminal behaviors.
The chapter concludes with two Current Controversy debates. The first, by Clayon Mosher and Scott Akins,
looks at the debate over legalizing marijuana. The second, by Craig Hemmens, questions whether the
Miranda warning should be abolished.

Chapter 3: Defining and Measuring Crime looks at the types of crime that our criminal justice system
manages. This chapter begins with a review of the different types of crime and how we classify these offenses.
The chapter then turns to a discussion of how crime is measured in society. You’ll learn about the different
official sources of crime data, such as the Uniform Crime Reports, the National Incident-Based Reporting
System, and the National Crime Victimization Survey, as well as self-reported studies of crime. You’ll also
learn about international databases of crime that can be used to understand the presence of crime around the
world. The chapter concludes with two Current Controversy debates. The first, by Henry N. Pontell, Gilbert
Geis, Adam Ghazi-Tehrani, and Bryan Burton, looks at whether white-collar crime is considered harmful to
society. The second, by Phillip Kopp, asks whether burglary should be considered a violent crime.

Chapter 4: Explanations of Criminal Behavior investigates the different theoretical explanations for criminal
behavior. This chapter begins with a discussion about the classical theories of crime. The chapter then looks at
biological and psychological explanations of crime, in which theorists historically looked at factors such as
biology and genetics to help understand criminal behavior. This chapter also looks at how external social
factors, such as poverty, family, and peers, can help to explain crime. The chapter then moves to a review of
some of the contemporary theories of crime, such as life course theory and feminist criminology. The chapter
concludes with two Current Controversy debates: The first, by Kenethia McIntosh-Fuller, questions whether
race and class can impact criminal behavior, and the second, by Jill L. Rosenbaum, investigates whether
female offenders should be treated differently by the criminal justice system.

Chapter 5: Victims and the Criminal Justice System highlights the issues that victims of crime face in dealing
with the criminal justice system. This chapter looks at the role of victims in the criminal justice system. The
chapter begins with a discussion of the history of the victims’ rights movement. The chapter then turns to a

24
review of the theories that help to explain criminal victimization. This follows with a discussion of the types of
victims, as well as the extent of victimization, both within the United States and worldwide. The chapter
concludes with two Current Controversy debates: The first, by Amy I. Cass, explores whether universities are
best suited to respond to rape and sexual assault among college students, while the second, by Kimberly J.
Cook, investigates how a restorative justice model might help in the healing process for victims.

Chapter 6: Criminal Justice Policy focuses on how policy can shape and is shaped by the criminal justice
system. The chapter begins with a discussion on the need and function of criminal justice policies. The
chapter then looks at how policies are developed and the role of politics in this process. The chapter concludes
with two Current Controversy debates related to criminal justice policies. The first, by David Bierie and Sarah
Craun, looks at whether sex offender registries are an effective tool for keeping the public safe. The second, by
Shelly Arsneault, questions whether street-level bureaucracy is a good practice in criminal justice.

Chapter 7: Policing Organizations and Practices presents the different types of police organizations and
practices. This chapter begins with a look at the historical roots of policing. The chapter presents the different
types of police organizations. The chapter then turns to a review of the various styles of policing, such as order
maintenance, community policing, and problem-oriented policing. The chapter concludes with two Current
Controversy debates: The first, by Christine Gardiner, investigates whether intelligence-led policing can
reduce crime while the second, by Alesha Durfee, asks whether mandatory arrest policies help victims of
domestic violence.

Chapter 8: Issues in Policing highlights some of the issues that the police face both as individual officers and
as an organization at large. The chapter begins with a discussion of the legal issues in policing and the rules
that impact how police officers do their job. The chapter turns to a discussion of ethical challenges,
corruption, racial profiling, and the use of force and how these issues can have an effect on the public’s
perception of the police. The chapter then looks at the nature of police legitimacy and how these types of
issues can serve as a threat. The chapter concludes with two Current Controversy debates: The first, by Bill
Sousa, investigates how body cameras should be utilized in the line of duty while the second, by Lorenzo M.
Boyd, asks whether police discretion is helpful or harmful to our criminal justice system.

Chapter 9: Courts and Crime discusses the role of courts in our criminal justice system. In this chapter, you
will learn about the structure of the American courts system and its relationship to the criminal justice system.
The chapter begins with a discussion about how courts are organized. The chapter then looks at the different
participants in the courtroom and their roles. After that, the chapter moves to a discussion of the stages of a
criminal court case. The chapter concludes with two Current Controversy debates related to the criminal
courts system. The first, by Julius (Jay) Wachtel, asks whether physical evidence should be required in serious
criminal cases. The second, by G. Max Dery, asks whether we should limit the use of plea bargains in criminal
cases.

Chapter 10: Punishment and Sentencing introduces you to the different types of sentencing practices that are
used in the criminal justice system. The chapter begins with a discussion about the various philosophies that
guide sentencing practices. The chapter then looks at the different types of sentences. The chapter concludes

25
with two Current Controversy debates related to the criminal courts system. The first, by Kimberly Dodson,
asks whether habitual sentencing laws deter offenders. The second, by Scott Vollum, looks at whether there is
a risk of executing an innocent individual.

Chapter 11: Prisons and Jails highlights the various programs and practices that make up the field of
community corrections. In this chapter, you will learn about each of these programs and how they balance the
safety and security of the community with the needs of the offender. You’ll also learn about the process of
reentry after prison and the role of parole. The chapter concludes with two Current Controversy debates. The
first, by Brett Garland, investigates whether we should use supermax facilities to control violent offenders.
The second, by Jason Williams, looks at whether prisons should be segregated.

Chapter 12: Community Corrections focuses on the role of correctional institutions, such as prisons and jails.
In this chapter, you will learn about the structure of prisons and jails in the United States. The chapter begins
with a historical review of how prisons and jails developed. The chapter then looks at the current state of jails
and the different types of populations that these facilities serve. The chapter then turns to a review of the
prisons and highlights how issues such as security levels impact the design and organization of a facility. You’ll
then learn about life behind bars and how issues such as violence, programming, and health care can impact
the quality of life of inmates. You’ll also learn about the legal rights of prisoners and how landmark Supreme
Court cases have impacted the prison environment. Finally, you’ll hear about the role of correctional officers
in the prison. The chapter concludes with two Current Controversy debates. The first, by Krista Gehring,
looks at whether risk assessment tools can accurately identify the needs of offenders. The second, by Christine
Scott-Hayward, looks at whether parole is an effective correctional strategy.

Chapter 13: Juvenile Justice shows how the juvenile justice system functions as a separate but similar
counterpart to the criminal justice system. The chapter begins with a discussion of the history of the juvenile
justice system. The chapter then turns to a review of the structure of the juvenile court and highlights some of
the differences between the juvenile and criminal courts. You’ll learn about how legal challenges in juvenile
justice have changed the way in which youthful offenders are treated by these courts and how due process in
juvenile cases has evolved. You’ll also be exposed to some of the issues that face these young offenders in the
juvenile justice system today. The chapter concludes with two Current Controversy debates. The first, by
Alicia Pantoja, Sanna King, and Anthony Peguero, asks whether zero-tolerance policies have made schools
safer. The second, by Schannae Lucas, addresses whether the juvenile court should be abolished.

Chapter 14: Emerging Issues for the 21st Century concludes the text with an investigation of the emerging
issues that are facing the criminal justice system in the 21st century. This chapter introduces some of these
issues and discusses the challenges that criminal justice agencies will face as they navigate their way through
these issues. The chapter begins with a discussion of terrorism. The chapter then turns to look at homeland
security. You’ll also learn about some of the privacy threats that exist with the use of drones. Finally, the
chapter turns to a discussion of border control. The chapter concludes with two Current Controversy debates.
The first, by Gus Martin, asks whether enemy combatants should be denied due process rights. The second,
by Zahra Shekarkhar, asks whether immigration impacts crime.

26
Through this text, I hope that you get a strong foundation in the organization and issues of our criminal
justice system. For those students who are majors in criminal justice, this text supplies the foundation to build
your future coursework on. For students who have enrolled in an introductory course to satisfy a basic
requirement or who are taking the course out of their general interest in crime, the information in this text
will provide you with a new lens to look at how crime and our criminal justice system work together as a
function of society.

27
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28
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29
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Boarding party
This ebook is for the use of anyone anywhere in the United States
and most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
ebook or online at www.gutenberg.org. If you are not located in the
United States, you will have to check the laws of the country where
you are located before using this eBook.

Title: Boarding party

Author: Robert F. Young

Illustrator: Virgil Finlay

Release date: December 4, 2023 [eBook #72310]

Language: English

Original publication: New York, NY: Ziff-Davis Publishing Company,

1963

Credits: Greg Weeks, Mary Meehan and the Online Distributed

Proofreading Team at http://www.pgdp.net

*** START OF THE PROJECT GUTENBERG EBOOK BOARDING

PARTY ***
The fey Mr. Young continues his scholarly researches
in the scientific origins of our myth and legend
with this tale of an agile—and avaricious—one-man

BOARDING PARTY

By ROBERT F. YOUNG

Illustrated by FINLAY

[Transcriber's Note: This etext was produced from

Amazing Stories September 1963
Extensive research did not uncover any evidence that
the U.S. copyright on this publication was renewed.]
(Translator's note: The original of the following report was recently
acquired by the Terran Industrial Library through the Interstellar
Historical Exchange Society, into whose illustrious fold the member
nations of the Terran Economic Bloc have at last been admitted. The
narrative is of primary interest to the library officials because it
provides unequivocable proof that, long before the Interstellar
Economic Community took official cognizance of our existence,
several articles of Community Commerce found their way into our
culture. To the layman, however, the narrative is of primary interest
because it provides an intriguing parallel to a narrative of an
altogether different nature.)

TO: Interstellar Nurseries, Frimm 4

FROM: Captain of the Greenship Uxurient, Urtz 2
SUBJECT(S): (1) Why the Uxurient put in to an out-of-bounds
system during the Frimm 4-Urtz 2 run; (2) how a boarding party of
one gained the greendeck and made off with a Uterium 5 snirk bird,
a toy friddlefork, and two containers of yellow trading disks; (3) why
the Uxurient's flexible ship-to-ground capillary tube is ten exids
shorter than it used to be.

(1)
Why the Uxurient put in to an Out-of-Bounds System during the
Frimm 4-Urtz 2 Run
Two light-cycles out from Frimm 4, the first shoots of the yumquat
trees broke through the greendeck precisely on schedule. A little
over a light-cycle farther out I noticed during one of my periodic
inspections that the young leaves were beginning to turn yellow, and
subsequent tests of several greendeck soil samples revealed an
acute deficiency of mineral elements D-2 and Z-1, plus an advanced
aridity. I immediately retired to the greenship's subdeck, where I
found the contents of the soil-solution vat to be at a shockingly low
level. An analysis of the contents indicated a near-total absence of
mineral elements D-2 and Z-1.
Further investigations have since convinced me that the
responsibility for this critical shortage rests upon the shoulders of
none other than Ur-Lon-Ho-Lee, Interstellar Nurseries' senior
shipping clerk, but at the time, the yumquat-tree shipment pre-
empted my attention to the exclusion of all other matters. If the trees
were to be allowed to shoot up at the usual accelerated growth rate
and were to be delivered in satisfactory sapling stage to the Urtz 2
customer who had ordered them, I had but one course of action
open to me: to put in to the nearest system, find a planet with a soil
rich in moisture and rich in mineral elements D-2 and Z-1, and
replenish the soil-solution vat by means of the Uxurient's ship-to-
ground capillary tube. Fortunately, there happened to be a system in
the vicinity of the Uxurient's present position, but unfortunately it
happened to be one of the many systems that are out-of-bounds to
Interstellar Economic Community ships. Before coming to a decision,
then, I had to weigh the importance of my mission against the risk of
causing "a substantial interference in the normal evolution of an
extra-Community culture"—a possibility that is always present when
a Community ship is forced to enter an out-of-bounds system. I
decided that it was my responsibility both to the customer and to the
company to run this risk, and proceeded to put in to the system at
once.
I wasted no time on the outer worlds, knowing from experience that
such worlds rarely yield anything in the way of flora and hence could
not possibly possess the kind of soil I needed, but arrowed in to the
orbital regions of the first four. Perceiving at once that Four would not
serve my purpose, I continued on to Three. Three turned out to be a
Frimm 4-type planet in all respects save its slightly smaller size; it
also turned out to be the reason for the system's having been placed
out-of-bounds. I was not surprised: One seldom finds soil of the type
employed by Frimm 4 nurseries without finding intelligent life in the
immediate vicinity. In this instance, I used the term "intelligent life" in
its broadest sense, for the several civilizations I transchecked at
random revealed technologies not far removed from the paleolithic
stage, and in one case, in the very midst of it.

On several of the land masses I detected scattered deposits of the

soil-type I needed, and I could have replenished the Uxurient's soil-
solution vat from any of them. However, I chose an unusually rich
one on a large island near the major land mass, reasoning that the
less time I consumed in the operation, the less chance there would
be of my occasioning "a substantial interference in the normal
evolution of an extra-Community culture". This particular deposit
bordered a small community of scattered, thatch-roofed dwellings,
and abounded in trees similar to the yumquat species. After
activating the Uxurient's ventral camouflage-unit, I brought the
greenship down to about two hundred mirids, gravved it into position
above the edge of the forest, and opened the capillary-tube lock. I
timed my maneuver to coincide with the passing of the dusk belt,
but, reluctant to attract any more attention than was absolutely
necessary, I waited through most of the ensuing night phase before
lowering the capillary tube. Unfortunately, I erred somewhat in my
calculations, and the tube's rhizomorphous feeding system, owing
partially to the rather strong wind that had sprung up during the night
phase, entered the soil much closer to one of the native dwellings
than I had intended should be the case; however, dawn being near
at hand, I lacked sufficient time to recoil and relocate the device, so I
left it where it was. I was not particularly worried: the natives'
superstitious fear of the tube would probably preclude their
approaching it closely enough for them to be able to damage it, and
if their superstitious fear of the tube itself was not strong enough to
make them keep their distance, their fear of the "low-lying cloud"
from which the tube depended should be.
My mind at ease in this respect then, I reduced the opacity of the
hull's upper hemisphere to complete transparency so that the
greendeck would benefit from the rays of the system's sun, after
which I retired to the subdeck to check on the first influx of nutrients
into the soil-solution vat. The length of the capillary tube prohibited
any immediate change in the solution-level, so while I waited, I
busied myself checking the tubes that run down to the vat from the
section of the greendeck where the upper extremities of the capillary
tube are affixed. Next, I checked the outgoing tubes that feed the
greendeck soil. By the time I finished, the level had begun to rise.
I waited till it rose above the halfway mark, then I took a sample and
ran an analysis. The result delighted me: the D-2 and Z-1 mineral
element content had quadrupled! If the rapidity with which the vat
was filling continued, I would be able to disengage the capillary tube,
recoil it, and be on my way before the next night phase.
I lingered for a while longer, watching the level climb. Finally,
remembering that I had not eaten since before my discovery of the
soil deficiency, I left the vat-room, picked up three lliaka hind
quarters in the meat-compartment, attached them to my belt, and
proceeded up the ramp to the greendeck. The thought of the fine
steaks which the quarters would yield made me realize how truly
hungry I was, and I set off across the greendeck toward my distant
living quarters with quickened steps. As I walked, the sight of the arid
soil stretching away in every direction afflicted me with melancholy,
even though I knew that the deplorable condition was well on its way
toward being corrected. The leaves of the baby yumquat trees, I saw
to my dismay, had more than merely yellowed: they had shriveled
too. And so scrawny were the little shoots that, had I not known that
they were there, I might very well have walked in their midst and
have been unaware of their existence. Indeed, the greendeck,
awash now with bright morning sunlight, had more of the aspect of a
desert than it did an aspect of a thriving oasis where plants are
grown during shipment. I submit that my bringing the Uxurient in to
an out-of-bounds system was more than merely justified: it was in
keeping with the highest ideals that govern man in his relationship to
plant-life.
 (2)

How a Boarding Party of One gained the Greendeck and made off
with a Uterium 5 Snirk Bird, a Toy Friddlefork, and Two Containers of
Yellow Trading Disks.
Arriving at my living quarters, I removed my greendeck fatigues and
laid them upon the arms of the rack beside the entrance, wondering
as I always do on such occasions how Ho-Hat-Li-Tum, the
company's morale manager, could have fallen for so blatantly
whimsical an appointment as a clothes rack in the form of a life-size
woman. Granted, greenship pilots lead lonely lives, but tell me this:
how can the mere act of their laying their outer garments upon the
outstretched arms of a brainless, speechless, feelingless mannequin
in the least alleviate their loneliness? If Ho-Hat-Li-Tum were really
concerned about the morale of the greenship pilots, he would spurn
such halfway measures and concentrate his energies on getting the
regulation that forbids pilots to take their wives into space with them
rescinded.
To continue: Once in my living quarters, I proceeded directly to the
galley where I cut two large steaks from one of the lliaka
hindquarters. Placing the steaks upon the grill to sear, I got a loaf of
bread and decanter of wine out of the provision closet, after which I
set the table. When the steaks were done, I placed them on a large
platter and sat down to eat. It was at this point that I received a very
definite impression that I was being watched.
I looked around the galley. Other than myself, of course, no one was
there, and certainly the various cupboards were much too small to
harbor a secret onlooker. A secret onlooker indeed! Angry with
myself, I put the matter from my mind, concluding that the condition
of the yumquat trees had depressed me to a greater extent than I
had realized, and that I had fallen prey to preposterous imaginings. I
wish now that I had been less eager to ascribe what proved to be a
perfectly valid psychosensory perception to my emotional letdown.
I ate ravenously, devouring both of the steaks and the entire loaf of
bread. Afterward, a feeling of peace and good will stole over me, and
on an impulse I called the Uterium 5 snirk bird down from its perch
above the galley doorway and persuaded it by means of a crust of
bread to perch upon my forefinger. Despite the large and ovoid
xanthous droppings which these birds sporadically deposit on chairs,
tables and floors, they make wonderful pets, and I envied the
particular customer who was to receive this one—a tiny, bright-eyed
female—as a partial bonus for his yumquat-tree order. The other
components of his bonus—the toy friddlefork and the two containers
of yellow trading disks—stood on a shelf just behind me, and
reaching around and procuring them, I set them on the table before
me. Such evidence of largess invariably renews my faith in the
company, and on long runs I often get out customer bonuses and
speculate on the munificence of a concern such as ours. Thus I
speculated now—but not for long. I had not slept for nearly two zodal
periods and was far more tired than I realized, and to complicate
matters, the heavy meal which I had just consumed had had a
soporific effect upon me. Almost before I knew it, I dozed off.

I believe that my first apprisal that the previously mentioned

psychosensory perception had not been illusory after all was the
creak of one of the cupboard doors. Unfortunately, this apprisal was
on the unconscious, rather than the conscious, level, and failed to
arouse me from my stupor. It took the hysterical cackling of the
Uterium 5 snirk bird, a few moments later, to bring me back to true
awareness, and by that time, it was too late. The tiny man who had
shinned up the table leg and seized the snirk bird, the two containers
of yellow trading disks, and the toy friddlefork had already regained
the deck and was running toward the doorway. In the process of
climbing back down, he must have bumped the toy friddlefork and
accidentally activated its tonal unit, for it was bleating away
insistently as he bore it away. Indeed, so insistent were its cries that
one would have thought that it expected me to come after it and
succor it.
Incredulously, I got to my feet. I saw then that the thief was not a
man, but a boy—the tiniest boy that I have ever seen in my whole
life. Assuming his stature to be average, it is unlikely that even a full-
grown adult of his species would come any higher than a Frimm 4's
citizen's knee-cap!
I called after him, uttering my name in as gentle a tone of voice as I
could manage and assuring him that if he would return the articles
he had stolen no harm would come to him. He only ran the faster,
and fairly streaked through the galley doorway, down the entrance
corridor, and out onto the greendeck. I had no choice but to set off in
pursuit, and this I did, naively believing that I could overtake him
easily. In this I erred indeed. Never have I ever seen anyone run so
fast. Why, there were times when I could have sworn that his feet
weren't even touching the deck!
As I lumbered along in his wake, I wondered how he could
conceivably have gotten on board. Had he climbed the capillary
tube? This didn't seem possible in view of the Uxurient's altitude and
in view of his diminutiveness, but I could think of no other answer.
There was no need for me to, I saw presently: that he had climbed
up the tube was unequivocably demonstrated by the ease and the
celerity with which he now began to climb down it.
 (3)
Why the Uxurient's Flexible Ship-to-Ground Capillary Tube is now
Ten Exids Shorter than It used to be
Loath to give up the chase, I started climbing down the tube myself.
This is not as difficult as one would at first imagine—as I myself had
imagined, in fact, prior to making the attempt. The branch-like
protuberances that absorb the sunlight and transmute it into the
energy required for the capillary-action provide numerous hand- and
footholds, and had it not been for the almost gale-force wind that had
developed, my descent would have been relatively easy. Even with
the wind, I found myself in no great danger, and I have no doubt but
what I would have reached the ground in due course had I not
underestimated the resourcefulness—and the blood-thirstiness—of
my youthful quarry. He kept calling out repeatedly at the top of his
voice, but I did not suspect what he was up to until, halfway down, I
paused and looked below me. I was just in time to see a woman run
out of the thatch-roofed dwelling near which the tube had rooted
itself and hand him a small object the very moment his feet touched
the ground.
I deduced from the shards of sunlight that the object threw off that it
was a cutting tool of some kind. I was not long left in doubt in any
event, for no sooner did the boy have it in his possession than he
began to wield it. A series of thuds was borne upward by the wind,
and with each thud, the tube gave a convulsive shudder. I had seen
unattached ship-to-ground capillary tubes at the mercy of the wind
before, and I knew the danger that confronted me. Consequently I
began climbing back up toward the Uxurient at once. While I will not
attempt to deny that I was frightened, I would like to point out that it
wasn't so much my predicament that frightened me, but the cold-
blooded attitude of the young savage below me. He thought that by
severing the tube he could bring it crashing to the ground, and the
ferocity and the frequency of his blows testified to the eagerness with
which he awaited my destruction.
It was his very attitude, I believe, that gave me the strength and the
determination to gain the Uxurient after the tube broke free and
began lashing wildly back and forth. For a long while I lay gasping on
the greendeck; then, when my breath came back, I recoiled the tube,
secured the tube-lock, and lifted into space. The soil-solution vat was
not as full as I would have wished, but by careful rationing I knew
that I could make its contents suffice. Whether I could or not, I
wanted no more part of the world I had just left. I never want to see
the place again.
I would like to append a word in my defense. While it is true that I
was instrumental in exposing an extra-Community culture to a
technology far beyond its ken, it must be remembered that all such
cultures are flexible in nature and can absorb the seemingly
inexplicable with the utmost equanimity. They achieve this quite
simply by identifying the unfamiliar with the familiar, and by ascribing
those phenomena which happen to be beyond their experience to
the workings of magic. Far from having an adverse effect, the
present instance will, I am sure, provide the basis for a colorful
legend. No doubt the legend will acquire a more satisfying ending,
and unquestionably the boy's exploits will be exaggerated. As
regards the Uterium 5 snirk bird, the toy friddlefork, and the two
containers of yellow trading disks, you may be sure that the young
rascal had already identified them with objects with which he was
familiar (and which he coveted) before he left the galley cupboard in
which he was hiding. If he had not done so, he would not have stolen
them. In any case, I am not unduly bitter about their loss, even
though I must make that loss good. The measure of a Frimm 4
citizen's true worth is the quantity of his magnanimity; hence I hope
that both the boy and the woman—probably his mother—live happily
ever after.

(signed)
Fee-Fi-Fo-Fum
THE END
 *** END OF THE PROJECT GUTENBERG EBOOK BOARDING
PARTY ***

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