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 Contents vii

Chapter 8 The Communication Process   142

Communication in Action   143
The Process of Communication   145
Modes of Interpersonal Communication   146
Verbal and Paralanguage Cues   147
Kinesics and Proxemics Cues   150
Symbolic Cues  152
Official Communication  153
Effective Listening  153
Empathy  155
Blocks to Effective Communication   155
Communication in a Digital Age   159
Strategies of Change   159
Conclusions 163   •   Student Checklist 163   •  
Topics for Discussion 163   •   Bibliography 164

Chapter 9 Police Discretion and Community Relations   165

Discretion in the System   166
Selective and Discriminatory Enforcement   167
Decision Making at an Administrative Level   168
Decision Making at an Operational Level   171
Justifications for Selective Enforcement   173
The Question of Professionalism   175
Legal Authority for Selective Enforcement   176
Writs of Mandamus   178
Selective Enforcement and Appropriate Guidelines   178
Structuring Police Discretion   181
Looking Toward Tomorrow   182
Conclusions 185   •   Student Checklist 185   •  
Topics for Discussion 185   •   Bibliography 186

Chapter 10 Community-Oriented Policing   187

The Evolution of Police Service Models   188
The Development of Community-Oriented Police Models   192
Technological Advances and Community Policing   197
The Current Status of Community Policing   198
Community-Oriented Policing Applications   200
Recommendations for Implementing Community-Oriented
Policing  204
Conclusions 207   •   Student Checklist 207   •  
Topics for Discussion 208   •   Bibliography 208

Chapter 11 Police–Community Relations and the Media   209

Community Relations Context   210
Commitment to Crime Coverage   211
Exploitation of Crime News   212
viii Contents

Public Reaction to Media Coverage   213

Conflict Between Media and Police   214
A Clear Need for Guidelines   217
Setting Guidelines  223
Crisis Guidelines for the Media   227
Police–Community Relations  227
Conclusions 231   •   Student Checklist 231   •  
Topics for Discussion 231   •   Bibliography 232

Chapter 12 Special Populations and the Police   233

Special Problems for the Police   234
Understanding the Young   235
Understanding the Elderly   237
Understanding the Handicapped   240
Understanding the Homeless   244
Youth, the Elderly, the Handicapped, and the Homeless: Shared
Problems  244
Youth, the Elderly, the Handicapped, and the Homeless: A Few
Contrasts  248
The Problems with Programs   249
A New Approach   249
Police–Senior Partnerships  250
Conclusions 253   •   Student Checklist 253   •  
Topics for Discussion 253   •   Bibliography 253

Chapter 13 Community Relations in the Context of Culture   255

The Cultural Context of Community Relations   256
Theories of Assimilation and the Problems of the Police   257
Cross-Cultural Factors  260
Improving Community Relations in the Context of Culture   273
Conclusions 278   •   Student Checklist 279   •  
Topics for Discussion 279   •   Bibliography 279

Chapter 14 Maintaining Order: Dissent and Conflict Management   281

Maintaining an Orderly Community   282
Policing Political Dissent: Catalyst of Progress   283
Arenas for Dissent   287
Strategies of Dissent and Response   289
Escalation and De-Escalation of Conflict   292
Outcomes  294
Crisis Negotiations  298
Hostage Negotiations  300
A Broader Concept   301
Conflict Intervention at the Community Level   306
Conclusions 309   •   Student Checklist 310   •  
Topics for Discussion 310   •   Bibliography 310
 Contents ix

Chapter 15 Community Participation in the New Millennium   312

The Concept of Community Participation   313
Police Models and Community Participation   314
Systems and Community Values   316
Two Types of Community Participation   318
Police–Community Relations in the New Millennium   324
Community Features and Social Controls   326
The Impact of World and National Events on Communities   329
The War on Terror and Impacts of Homeland Security   330
Improving Police–Community Relations in the New Millennium   332
Choosing Community-Specific Strategies   333
Conclusions 334   •   Student Checklist 334   •  
Topics for Discussion 335   •   Bibliography 335

Recommended Police-Related Web Sites   336

Index   339
 Preface

Policing society, especially a free society, is too important an aspect of public policy to be left
solely to the police. For that matter, the operation of the justice system is too important to be left
solely to the practitioners. Citizen participation is crucial to the effectiveness of the criminal
justice system. Every edition of this book has been organized around the same theme: Each
criminal justice system component (specifically the police) must develop and maintain meaning-
ful, two-way communications among the agency, its service areas, and populations served.
As the gatekeepers of the criminal justice system and the most visible representatives of
our democratic form of government, the police have the unique responsibility to engage in part-
nerships with their communities. These partnerships, once developed, can create a sense of
safety, problem solving, and good quality of life for those being served. This book addresses all
the communities the police serve and discusses past, current, and future practices that can create
and sustain meaningful and successful police–community relations.
This text is designed for use in a one-semester course on Police and the Community,
Police–Community Relations, Police and Society, or similar subject. It is an overview of the
topics covered, and much more can be said about every topic. We address the topics in the
context of community relations and encourage the reader to pursue further study in areas of
special interest.
Every edition of this textbook has had its friends. The current edition was written to address
ongoing changes since the eighth edition was released. The nation is bitterly divided on partisan
issues and the “War on Terror.” A downward turn in race relations fueled by an increasingly
hostile media has negatively impacted police–community relations (particularly with African
Americans). Political, cultural, and social changes across the nation continue. America’s civil
liberties are being challenged by proponents of both “homeland security” and “political correct-
ness.” The makeup of the U.S. Supreme Court has changed. Technological advances are ongo-
ing. Prosecutorial wrongdoing has become a focal concern within the administration of justice.
And, the police are expected to be better prepared for the challenges created by the preceding
issues.

New to This Edition

• Data and references have been updated to reflect the current state of policing and police–
community relations and we have increased coverage of practical tools that police and the
community might use to improve their relationships.
• We have provided more insights for police to examine police organization’s fit with the
­communities they serve. The objective in this first set of revisions is to provide the readers the
wide arrays of choices that are available for providing police services depending on
the ­community that they serve. In this regard, we have included two major perspectives. We
introduced the different types of communities in Chapter 3. Having this foundational knowl-
edge, we begin to present in Chapter 4 the different types of policing models that are available
and have been used. Chapter 15 ties up all these concepts on arguing for the right policing
models based on the communities and the need of the communities.
• We have enhanced the information about the dynamics of policing realities and the problems
they pose for police–community relations. We have discussed the different paradoxes in the
police use of their coercive powers and argued that such paradoxes and other challenges that
they face are responsible for the quality of police–community relations that emerge. These
were done in Chapter 5 where we talked about the dilemmas and grave implications of polic-
ing special populations.
• We have identified the different levels of communications and provide recommendations on
how to improve the communications among the police and its various clients. Chapter 8
­provides an analysis of the different levels of communications. We have also noted how
­ineffective communication might bring about distrusts and scapegoating between the police and
the public.
x
 Preface xi

• We have untangled the various relationships between the media and the police including the
implications of these relationships in Chapter 11. We have also included a presentation of how
the police department can use social media as a tool for police–community relationships. We
have also discussed in Chapter 13 how the current assimilation process of immigrants is
­presenting a challenge in the conduct of policing.
• We have merged Chapters 14 and 15 in order to capture the problems of the police in enforc-
ing order both at the macro-level (i.e., the performance of police function as agents of the
state) and at the micro-level where person-to-person conflicts might strain police–community
relations.

INSTRUCTOR SUPPLEMENTS
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Acknowledgments
The professional staff at Pearson is greatly appreciated, especially Gary Bauer and Jennifer
Sargunar. I also extend my thanks to the Rights and Permissions Project Manager Karen Sanatar
and the Project Manager Rajiv Sharma from Aptara. I would like to thank the reviewers who
provided very helpful comments: Emily Carroll, Arkansas State University - Newport/Jonesboro;
Peter Curcio, Briarcliffe College; Ivan Kaminsky, Mesa Community College; Jeffrey Majewski,
Bristol Community College; and Allan Skrocki, Schoolcraft College and Henry Ford College.
Several law enforcement officers and agencies provided information, photographs, or other
materials that greatly aided in this effort. We wish to thank Sheriff Randy Bower, Deputy
(Professor) Gary Metz, and Deputy John M. Doyle, Orleans County Sheriff’s Office; Chief
David Zack, Assistant Chief James Speyer, Lieutenant Brian Coons, Officer Paul Nazzarett,
Officer Thomas Rogers and Officer Donald Szumigala, Cheektowaga Police Department;
Dianne de Guzman-Powell, of Terre Haute Tribune Star; Chief Denise Downer-McKinney,
Assistant Chief Debbie Burnett and Kim Stone, Rome Police Department; David Graham;
Sheriff Chris Nanos and Lt. Nicole L. Feldt, Pima County Sheriff’s Department; Sheriff Clark
xii Preface

Cottem Sullivan County Sheriff’s Department; Chief A. C. Roper, Wanda Poore, Officer
Michelle Burton and Sergeant Brian Burton, Birmingham Police Department; Chief Terry
Schneider, Sergeant Rebecca Lawler, Officer Chris Wragg, Officer Candler Smith, and Officer
Ashley Still, Georgia Gwinnett College Police Department; Jennifer Arrocena and Shavon
Ferrell, Georgia Gwinnett College Disability Services; Renee Dixon of the Southern States
Police Benevolent Association; and, Captain Jeff Smith and Sergeant Barry Honea, Lawrenceville
Police Department.
We would like to sincerely acknowledge the loving support and tolerance of our wives (Vi,
Betsy and Peen) who make our lives worthwhile.
▪ ▪ ▪ ▪ ▪
CHAPTER 1
The Administration of Justice
and the Police

“Injustice anywhere is a threat to justice everywhere.”

—Letter From Birmingham Jail, April 16, 1963.
—Martin Luther King, Jr.

Key Concepts
Civil Justice Distributive Justice Restorative Justice
Civil Liberties Equality Rule of Law
Common Law Federalism Social Justice
Commutative Justice Human Rights Social Stability
Criminal Justice Justice Symbolic Reassurance

Learning Objectives
Studying this chapter will enable you to:
1. Discuss the need for justice in order for nations and their governmental components
to survive.
2. Define human rights and describe their importance to people living throughout the world.
3. Explain the importance of the Bill of Rights in protecting the civil liberties of American
citizens.
4. Identify the different agencies responsible for protecting the civil rights of U.S. citizens.
5. Define justice and describe the different types of justice.
6. Explain the mission of a justice system.
7. Identify the four kinds of justice systems found around the world.
8. Discuss the challenges of administering justice within a democratic society.
9. Explain how federalism affects the administration of justice in America.
10. Present and discuss the various components within the U.S. justice system in addition
to the police.
11. Describe how America’s police system is structured.
12. Understand where the police fit within the U.S. justice system.
13. Be familiar with the “Four C’s” of police–community relations.

1
2 Chapter 1 • The Administration of Justice and the Police

Introduction
The majority of those reading this text have completed other courses about the criminal justice
system and its processes. However, a brief refresher is provided in order to remind law enforce-
ment students that the police do not exist in a vacuum. The myriad of agencies that comprise the
“police” are integral components of a vital system of justice upon which social order and stabil-
ity depend. The purposes, roles, and functions of the police within every nation are interdepen-
dent with those of other governmental entities. Thus, to understand the police, one must
understand the other components of the criminal justice system and the concept of justice in the
American context.

The Idea of Justice

To many of us, the concept of justice is relatively straightforward—the large number of people
that comprise a society require regulation to ensure peace and stability. This idea of control is
contained in the “social contract” that members of society abide by in accepting the govern-
ment’s ability to regulate, conduct, and maintain order. In the absence of regulation, competing
interests and differing perspectives on what constitutes acceptable behavior would lead to chaos.
The weak would be victimized by the strong; violence would become the social norm; and civi-
lization would cease to exist. This idea of justice is often simplified into two words: “law and
order.” However, as we may easily note when viewing current world events that who determines
what constitutes the law, who defines the nature of order, and how their views are imposed on
the populace are not as clear-cut.

The Need for Justice

Nations and their components (states, territories, provinces, cities, counties, etc.) cannot exist
without established systems of justice. These systems must not only ensure that domestic peace
and tranquility are preserved, but they also must do so in a manner acceptable to those who are
governed. This principle is true even within totalitarian societies. While those subject to govern-
mental edicts may have little or no say in how laws are enacted and enforced, there must be a
belief that subservience to their government is preferable to disorder. The reader may challenge
this assertion by pointing to the arbitrariness and unfairness that may be found within the brutal
dictatorships that have existed (and that unfortunately still exist) within our world. We agree.
But even in those countries, one will find that those in power must present an appearance of jus-
tice. While these justice systems may be backed by repressive force, the masses of people must
still feel that they and their families can reasonably exist. Otherwise, rebellion will take place.
Regardless of the nature of a society, social stability is not enough. Citizens must also feel
that they are being treated “properly.” What is viewed as proper is determined by historical and
cultural influences. Governmental actions that would be totally acceptable in one nation would
not be seen as such in others. As humankind has evolved, its expectations and ideas have like-
wise developed. Currently, two key criteria in evaluating the world’s justice systems are the
state’s provisions for basic human rights and the extent of civil rights granted to citizens.

Human Rights In its simplest term, human rights may be defined as an individual’s right to
the basic necessities for survival. These necessities include adequate food, shelter, medical care,
and not being the victim of a government’s or government-condoned group’s efforts to commit
genocide or other atrocities. For example, efforts on the part of the U.S. Army during the 1800s
to annihilate Native Americans and by the Iraqi government during the rule of Saddam Hussein
to eliminate the Kurds are clear examples of human rights violations. Modern human rights orga-
nizations would also charge that the existence of poverty and famine within third-world nations
is another example. In recent years, human rights include providing humane treatment even to
prisoners who are suspected terrorists, as well as treatment of illegal aliens in a state.
On December 10, 1948, the General Assembly of the United Nations adopted and pro-
claimed the Universal Declaration of Human Rights. Following this historic act, the Assembly
called upon all member countries to publicize the text of the Declaration and “to cause it to be
disseminated, displayed, read, and expounded principally in schools and other educational institu-
tions, without distinction based on the political status of countries or territories” (see ­Appendix 1).
 Chapter 1 • The Administration of Justice and the Police 3

The justice system in the United States is increasingly being held accountable to the edicts of
international organizations and, in principle, abides by the international standards of justice.
Human rights violations are particularly poignant for the police as the state’s instruments
of control. In human rights violation situations, the police normally exercise their powers outside
of the stress and exigencies of the situation. Roelofse (2013) notes that human rights violations
are inflicted in situations wherein those subjected to police control do not present any immediate
danger to the police or the public. He believes that the police cannot have any justifiable argu-
ment for using torture or enhanced interrogation techniques on their detainees as they are in
asymmetrical power positions. In addition, violations of human rights are normally done outside
the law and, therefore, have no legally justifiable basis for the use of force. The initial step in
conforming one’s conduct in accordance with the law is awareness. Thus, the police need to be
quite familiar with human rights laws for them to effectively carry out justice.

Civil Rights As the reader can see in Appendix 1, the U.N. Declaration goes beyond our defi-
nition of basic survival necessities to incorporate equal and equitable rights, freedom of speech,
and protection from government abuse. In reality, many of the world’s 191 nations do not adhere
to these standards. Even Western democracies have been slow to adopt them in their totality.
For example, despite the protections of the Bill of Rights (the First Ten Amendments to the U.S.
Constitution, written 150 years before the U.N. Declaration), it was not until the 1960s that full
enforcement of civil rights began within the United States.
We view civil rights as moving beyond the basic necessities for survival to include equal
participation in democratic elections, equal access to legal institutions, and equal protection by
the government from both governmental and private abuse. Freedoms from government oppres-
sion or intrusive practices are also known as civil liberties (we will discuss them in more detail
in a later section). The extension of these rights, based on gender and physical disabilities, was
interpreted as being covered by the Bill of Rights during the 1970s (see Figure 1.1).

FIGURE 1.1    The Bill of Rights.

Amendments 1–10 of the U.S. Constitution Amendment III

The Conventions of a number of the States having, at the time No soldier shall, in time of peace be quartered in any house,
of adopting the Constitution, expressed a desire, in order to without the consent of the owner, nor in time of war, but in a
prevent misconstruction or abuse of its powers, that further manner to be prescribed by law.
declaratory and restrictive clauses should be added, and as
Amendment IV
extending the ground of public confidence in the Government
will best insure the beneficent ends of its institution. The right of the people to be secure in their persons, houses,
Resolved, by the Senate and House of Representatives of papers, and effects, against unreasonable searches and sei-
the United States of America, in Congress assembled, two- zures, shall not be violated, and no warrants shall issue, but
thirds of both Houses concurring, that the following articles be upon probable cause, supported by oath or affirmation, and
proposed to the Legislatures of the several States, as amend- particularly describing the place to be searched, and the per-
ments to the Constitution of the United States; all or any of sons or things to be seized.
which articles, when ratified by three-fourths of the said Legis- Amendment V
latures, to be valid to all intents and purposes as part of the said
Constitution, namely: No person shall be held to answer for a capital, or otherwise infa-
mous crime, unless on a presentment or indictment of a grand
Amendment I jury, except in cases arising in the land or naval forces, or in the
Congress shall make no law respecting an establishment of reli- militia, when in actual service in time of war or public danger; nor
gion, or prohibiting the free exercise thereof; or abridging the shall any person be subject for the same offense to be twice put
freedom of speech, or of the press; or the right of the people in jeopardy of life or limb; nor shall be compelled in any criminal
peaceably to assemble, and to petition the government for a case to be a witness against himself, nor be deprived of life, lib-
redress of grievances. erty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
Amendment II
A well-regulated militia, being necessary to the security of a free Amendment VI
state, the right of the people to keep and bear arms, shall not In all criminal prosecutions, the accused shall enjoy the right to
be infringed. a speedy and public trial, by an impartial jury of the state and

(continued)
4 Chapter 1 • The Administration of Justice and the Police

FIGURE 1.1    Continued

district wherein the crime shall have been committed, which Amendment IX
district shall have been previously ascertained by law, and to be The enumeration in the Constitution, of certain rights, shall not
informed of the nature and cause of the accusation; to be con- be construed to deny or disparage others retained by the people.
fronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Amendment X
assistance of counsel for his defense. The powers not delegated to the United States by the Constitu-
tion, nor prohibited by it to the states, are reserved to the states
Amendment VII
respectively, or to the people.
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be pre- Amendment XIV
served, and no fact tried by a jury, shall be otherwise reexam- All persons born or naturalized in the United States, and subject
ined in any court of the United States, than according to the to the jurisdiction thereof, are citizens of the United States and of
rules of the common law. the state wherein they reside. No state shall make or enforce any
law which shall abridge the privileges or immunities of citizens of
Amendment VIII the United States; nor shall any State deprive any person of life,
Excessive bail shall not be required, nor excessive fines imposed, liberty, or property, without due process of law; nor deny to any
nor cruel and unusual punishments inflicted. person within its jurisdiction the equal protection of the laws.

Note: The Fourteenth Amendment warrants inclusion here because it is the mechanism by which the Bill of Rights became applicable as
protections from state and local governments in addition to the national government.
Source: https://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/the-bill-of-rights-amendments-1-10

Sexual orientation was included during the 1990s. To date, the United States has been
moving toward extending more civil rights to lifestyle choices such as equality on marriages and
accommodations. Pursuant to protecting these rights, criminal legislations such as the hate crime
law came about. Additionally, federal civil rights violations may be investigated by the Civil
Rights Division of the U.S. Department of Justice, by the Federal Bureau of Investigation (FBI),
by civil suits filed by individuals, or by complaints filed with the U.S. Commission on Civil
Rights (see Figure 1.2). They may also be enforced by lawsuits and criminal prosecutions filed
under the constitutional protections of the states.

Justice Defined
While everyone has his or her own concept of justice (usually determined by what we think is
best for us), it is not as easily defined as one might think. According to Crank (2003), efforts at
clarity tend to conflict with concerns over inclusiveness. Definitions are also determined by the
perspective of the viewer. Reiman (2007) argues that our system of justice is biased against the
poor and is, therefore, not just. Lawyers tend to view justice as the obligation that the legal sys-
tem has toward the individual citizen and society as a whole. To ensure that justice is seen from
the relevant perspective of policing, we define justice as the fair and equitable application of the
rule of law by agents of social control regardless of the socioeconomic status of the individuals
concerned (Box 1.1).

FIGURE 1.2    Mission of the U.S. Commission on Civil Rights.

To investigate complaints alleging that citizens are being color, religion, sex, age, disability, or national origin, or in the
deprived of their right to vote by reason of their race, color, administration of justice.
religion, sex, age, disability, or national origin, or by reason of To serve as a national clearinghouse for information in respect
fraudulent practices. to discrimination or denial of equal protection of the laws
To study and collect information relating to discrimination or a because of race, color, religion, sex, age, disability, or national
denial of equal protection of the laws under the Constitution origin.
because of race, color, religion, sex, age, disability, or national To submit reports, findings, and recommendations to the Presi-
origin, or in the administration of justice. dent and Congress.
To appraise federal laws and policies with respect to discrimina- To issue public service announcements to discourage discrimi-
tion or denial of equal protection of the laws because of race, nation or denial of equal protection of the law.

Source: U.S. Commission on Civil Rights.

 Chapter 1 • The Administration of Justice and the Police 5

BOX 1.1
Alternative Definitions of Justice

Some satirical views of justice from Webster’s online dictionary: Justice. A mythological character whose statue has been
frequently erected. She had eye trouble.
Justice. A commodity which in a more or less adulterated
condition the State sells to the citizen as a reward for his Source: By permission. From Merriam-Webster’s Collegiate® Dictionary,
allegiance, taxes, and personal service. ©2016 by Merriam-Webster, Inc. (www.Merriam-Webster.com).
Justice. Fair play; often sought, but seldom discovered, in
company with Law.

Following that definition, there are six components that the administration of justice must
contain:
• Compliance with the Rule of Law. As a common law country, agents of social control
should enforce codified legal standards as well as case laws that govern human relations.
These laws must exist and must be followed. In other words, both the enforcers and the
controlled must abide by the legal standards. Observance of such standards in the law
increases the respect for the law (Kirk and Matsuda, 2011; Kirk and Papachristos, 2011).
• Equity. Laws must be applied in an equal manner to everyone subject to them. In addition,
every person must be allowed equal access to the legal system. This is a subject of great
debate in regard to the U.S. criminal justice system, and even greater debate in regard to
the U.S. civil justice system.
• Fairness. Laws, as well as their application, must be fair and not single out groups or indi-
viduals for arbitrary or unfair treatment. As with equity, fairness is not easily monitored
and can often become lost in legalities and legalese that govern the system’s operations.
Tyler (2003) suggests that the effective rule of law hinges on the fair treatment of indi-
viduals particularly in the observance of proper procedures in adjudication of cases.
• Accessibility. There must be allowances for those individuals who do not have financial
recourse to receive competent legal advice and support. This is dealt with in the criminal
justice system by provisions for indigent defense. However, this is one component in
which the U.S. civil justice system is very much lacking.
• Effectiveness. The system must work for common citizens in actuality as well as on paper.
Like beauty, effectiveness is in the eye of the beholder. How well the U.S. justice system
accomplishes this need is even more hotly debated than the previous components.
• Oversight. There must be remedies for failures or misapplications of justice to be cor-
rected. The checks and balances of the federal system, and judicial oversight in particular,
are the mechanisms designed to correct injustices that occur. While far from perfect and
frequently yielding unsatisfactory results, this process is as functional as any other that
may be found within the world community.
Critics may correctly cite examples to argue that the above components are more idealistic
than accurate. Indeed, the administration of justice (particularly within a democratic society of
more than 300 million) will always be a subject of debate.

Types of Justice
Understanding the administration of justice is further complicated by the different types of justice
found within our society and the meanings attached to them. While the police are predominately
linked with criminal justice, the other types of justice impact on both how the police are perceived by
others and how they function within society. Brief overviews of these other types of justice follow:

Social Justice Social justice is rendering to everyone that which is his or her due as a
human being. Social justice is seen by its proponents as not just emphasizing equity and fair-
ness in the application of jurisprudence but in regulating how a society’s resources are allocated
(Crank, 2003). Redistribution of wealth by the use of progressive tax systems, strict regulation
6 Chapter 1 • The Administration of Justice and the Police

of business, and extensive use of social interventions by government are principles embodied
within social justice. Social justice seeks to see that people are treated both fairly and “morally”
within all areas of society. Social justice may be either distributive or commutative.
Distributive justice seeks to distribute rewards and punishments so that neither equal per-
sons have unequal things, nor unequal persons have equal things. In other words, need is consid-
ered, but merit is rewarded. The U.S. system of welfare capitalism is based on distributive
justice. Protections exist to ensure that the tenets of civil and human rights are provided but
individual successes or failures are allowed.
Commutative justice seeks to ensure equality among citizens so that no one may gain by
another’s loss. The fair and moral treatment of all persons, especially as regards social rules, is the
part of a continued effort to do what is “right” (Crank, 2003; Reiman, 2007). Commutative justice
places a greater emphasis on need rather than individual merit. Proponents of this perspective
argue that biases due to class, ethnicity, gender, or other distinctions make capitalist societies
inherently unfair. Therefore, greater efforts by government in the redistribution of wealth and the
enhancement of life for minorities and the lower class must be implemented to address social
inequities. Until these occur, true justice is not attainable (Cole, 2004; Reiman, 2007).

Civil Justice Civil justice is the legal system that regulates the relationships between indi-
viduals. Distributive and commutative aspects do exist within the civil law system. However,
the focus of civil law is to regulate noncriminal behaviors within society. Redress for harm from
another’s actions is not by criminal prosecution but by seeking legal intervention to regain that
which was lost due to another’s improper actions and/or to prevent further harm. For example,
monetary compensation may be for the harm that was incurred due to a wrongful act. Punitive
damages may also be awarded. Due to the complexities and costs of successful litigation involv-
ing civil actions, it is in the areas of civil law that the poor and the middle class are more likely
to experience inequitable treatment.
Normally, the civil legal system is concerned with torts (i.e., private wrongs that are not
deemed to be criminal). Likewise, administrative law, rules, and regulations followed and/or
enforced by governmental agencies are also dealt with by the civil law system. Some behaviors
(such as cheating on your income tax, violating another’s civil rights, and insider trading) may
have both civil and criminal components. The police get involved as a consequence of legal
judgments in cases of evictions and foreclosures as well as in the enforcement of administrative
laws. Consequently, ill feelings and frustrations from civil actions may also lead to criminal
activities on the part of those who feel that they have been wronged as well as ill feeling toward
the police as enforcers of those judicial decisions.

Restorative Justice As the name implies, restorative justice seeks to mitigate adverse
relationships between individuals as well as certain behaviors that could be deemed to be crimi-
nal. Instead of seeking to punish based on criminal sanctions or imposing legal compensation,
restorative justice seeks to avoid formal adjudication by using arbitration to resolve conflicts
(Van Ness and Strong, 2006). Because it emphasizes the use of alternative means to restore
relationships, this concept is also known as peacemaking (Fuller, 2005). Most current practices
of restorative justice are mediations or conferences that may take place in lieu of civil litigation,
and it may also be used as an alternative to criminal prosecution.

Criminal Justice Criminal justice is the system that the readers of this text are interested
in. As we have noted above, it is not truly separate from the other systems of justice and actually
interacts with them. We utilized Rush’s (2004) definition of the criminal justice system as the
“process of adjudication by which the legal rights of private parties are vindicated and the guilt
or innocence of accused persons is established.” Please note that the criminal justice system is
concerned not only with the enforcement of laws, but with the protection of legal rights as well.
To ensure that laws are not arbitrarily imposed, the criminal justice system relies on procedural
law as well as substantive law.
Substantive law defines behaviors (and in some cases, failures to act) that are deemed to be
unlawful and establishes sanctions for their commission (or omission). Procedural law regulates
how substantive law may be applied. The famous exclusionary rule (see Box 1.2) is one mecha-
nism by which American courts ensure that a defendant’s due process rights are protected.
 Chapter 1 • The Administration of Justice and the Police 7

BOX 1.2
The Exclusionary Rule

In 1914, the U.S. Supreme Court ruled in Weeks v. United States There are exceptions to the exclusionary rule. In United
that evidence illegally obtained by federal officers must be States v. Leon, the U.S. Supreme Court ruled that “evidence
excluded from admission at trial. In 1960, this rule was extended seized on a search warrant that was subsequently invalidated
to state and local officers in the Mapp v. Ohio ruling. The exclu- could not justify the substantial costs of exclusion.” The key to
sionary rule not only prevents evidence obtained from unreason- this exception is that the efforts were, indeed, reasonable and in
able searches and seizures from admission in trials, but also good faith. Good intentions are not enough.
ensures that judicial integrity and the faith of citizens are upheld. Another exception to the exclusionary rule is the “Inevita-
The protections of the Fourth Amendment as enforced by ble Discovery Rule.” This rule was established by the U.S. Supreme
the exclusionary rule are also known as the “Fruits of the Poison- Court in Wong Sun v. United States. This rule allows the admis-
ous Tree Doctrine.” Searches, arrests, confessions, and other sion of evidence if it would have been found and discovered
­evidence-gathering activities that are obtained through improper legally at a later time.
or illegal techniques are deemed to be poisonous and must,
therefore, be suppressed to keep the entire legal process from Source: Based on Procedures in the Justice System, 8th ed. by Roberson,
becoming tainted. C. R., Wallace, H., and Stuckey, G. B. (2007)

The Core Mission and Role of the Police in

the Administration of Justice
Having reviewed several pages pointing out the complexities of justice, the reader may
­legitimately ask, “What then is the core mission and role of the police in the administration of
justice?” In a nutshell, the U.S. criminal justice system exists to apply the rule of law as a means
of providing social stability. In these regards, the police mission and function must be aligned
toward these goals. As we discussed previously, citizens must feel that their government is pro-
tecting them from crime and disorder (Tyler, 2003). While the system need not be flawless, the
public as a whole must have confidence in it (Kirk and Matsuda, 2011).

The Rule of Law

Rule of law may be defined as government’s establishment and imposition of legal processes to
protect society from crime. It may also be defined as the mechanism by which government
ensures the protection of individual rights. The police are in the frontlines in the realization and
enforcement of the rule of law. In the performance of this function, the police sometimes employ
anticipatory measures in order to achieve these criminal justice goals. In order to accomplish
these goals, policing aligns itself to the following:

Vengeance/Retribution When civilization evolved from tribal states to nation states, gov-
ernment assumed responsibility for exacting vengeance on behalf of victims of crime. No longer
would the strong be allowed to prey on the weak. Nor would victims or their families be permit-
ted to conduct blood feuds to avenge themselves on those by whom they had been harmed. To
keep citizens from “taking the law into their own hands,” agents of social control must exact
vengeance on behalf of victims. The police intervene in exigencies in order to address an ongo-
ing unlawful act and, therefore, provide immediate form of retribution (Klockars, 1985). This
retribution happens more immediately if the police could apprehend the suspect and retrieve the
loss from or prevent more harm toward a victim.

Deterrence/Prevention The fundamental premise of the classical system of justice is that

the imposition of punishment prevents further crime from occurring. Specific deterrence is the
idea that by having received punishment, the offender will decide that the crime was not worth
it. General deterrence is the concept that others contemplating similar crimes will be dissuaded
from doing so by seeing the punishment of previous offenders (Hunter and Dantzker, 2005).
The deterrent effects of the criminal justice system work along the principles of severity, cer-
tainty, and celerity. The police contribute to the attainment of deterrent effects by making sure
that anybody who commits a crime is apprehended and brought to justice. Punishments and its
8 Chapter 1 • The Administration of Justice and the Police

deterrent elements could only be achieved with the certainty and swiftness by which the police
could apprehend suspects. This ability of the police to bring to justice perpetrators of crime not only
increases the deterrent effects of the law but also inspires trust and confidence among the public
with its police. Likewise, police programs that pursue preventative measures have also contribut-
ed to the efficiency of the entire criminal justice agencies. For example, mandatory arrest policies
have been known to prevent repeat incidence of domestic violence [see, for example, Sherman
and Berk’s (1984) research in Minneapolis]. As a result, the courts and the correctional systems
have less clients that could take up their resources.

Treatment One of the emerging challenges for the police is dealing with offenders who are
afflicted with mental health issues and addicted to drugs and alcohol. As part of the system’s
concerns to rehabilitate offenders so that they may reenter society and live productive lives,
treatment is also an important component of justice in America. Latest innovations in policing
involved the collaboration of the police with mental health professionals and substance abuse
intervention experts involving arrestees with mental health and addiction problems. Several
programs such as the Crisis Intervention Team (CIT) that was started in Memphis, Tennessee,
have been established to particularly address this concern. The police also play a key role in
diverting offenders who abuse drugs to the other agencies such as the drug courts and the proba-
tion offices.

Incapacitation The police play a significant role in incapacitation. Their immediate inter-
ventions in crime and disorder events disrupt the progression of disorders into more serious
incidents or crime. They may temporarily restrain an individual either to process them for pros-
ecution or just to make the offenders cool down during an incident. In this manner, they incapaci-
tate a particular offender from committing more crimes. Proponents of incapacitation argue that
while offenders may return to crime later (except in the case of capital punishment—the ultimate
incapacitation), they are prevented from doing so while under police custody. Thus, offenders are
impeded from committing more crimes on the general public.

Reparations Lastly, a more humane means of applying the rule of law is to focus on the
victim rather than society. Instead of punishing the offenders based on the harm they caused to
society, they are ordered to make reparations to the victims of their crimes. This “restorative
technique” is seen as not only helping those who have been harmed but also helping the offender.
The police could perform a key role in attaining this objective. They could start the process of
healing by communicating to the offender and making them realize the harm and gravity of the
offense they have committed against the victim.

Social Stability
Social stability is defined as the maintenance of order and the continuation of equitable social
control by government. This requires government to not only repress criminal behaviors but also
provide services (regulation of the private sector and the provision of public services) and pro-
mote activities (such as public education and social programs) designed to benefit society as a
whole.

Maintenance of Order The maintenance of order involves many activities. Providing for
democratic elections, collecting taxes, enforcing zoning regulations, collecting garbage, oper-
ating public utilities, providing crowd control at public events, enforcing parking regulations
(including the issuing of parking tickets to students), and providing emergency services are but
a few of the multitude of activities by government, many of which are performed by the police.
If these activities are not directly provided by the police, they could serve as catalyst for other
agencies to become aware of such problems of order in society (Cordner, 1997).

Equitable Social Control One of the more controversial aspects of government is the
need to address social inequities. While we may grouse at increasing government intrusion into
our lives, providing social stability within a diverse nation of 300 million requires proactive gov-
ernment actions. As civil libertarians, the authors believe that citizens should be grudging in their
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"Perhaps not." Cyril's manner became more resolute. "I am
sorry this has come up," he said frankly. "It is not the time
or place—and I forgot. But since it has, I ought to explain. I
met the Lucases abroad; and I assure you, I found them
most kind—as pleasant as could be. I like them immensely
—yes—him!" in reply to a monosyllable. "I mean—one is so
sorry for him, and he does fight so hard not to be
overcome. I don't really think it's a case when everybody
ought to stand aloof. I don't—really, Lady Lucas."

"You will, I suppose, permit 'everybody' to judge for

themselves," said Lady Lucas. "I quite understand that Sir
Cyril Devereux is perfectly independent in these matters;
and time alone can teach experience. It is, of course,
useless for me to assort that my unhappy nephew is unfit to
associate with gentlemen. That is only an old lady's opinion
—though it is held by some who are not old ladies."

"I am very sorry," apologised Cyril. "But if you were to see

him now—"

"We shall, I think, do little good by discussing the question.

Only I must beg you to remember one thing, Sir Cyril—that
I do not meet or acknowledge Captain Lucas or his wife.
And, excuse me—in your position you ought to be careful.
You do not know what you may be drawn into."

Sir Cyril made a little gesture of comprehension, not of

assent, and Lady Lucas swept her trailing skirts away.
Sybella was on a more distant sofa, and thither the lady
retreated. A murmured conference between the two began.

"You have been quite wrong, my dear," Lady Lucas said

softly. "Sir Cyril ought to have been put into some regular
profession—the Army, or anything—for a few years. I told
you so long ago. He will get into mischief from the sheer
lack of something to do."

Then an interruption came. Jean still stood upon the rug;

and Cyril remained where Lady Lucas had left him, lost in
thought. Emmeline's dark sunny little face was before his
mind's eye.

"I will call—of course, I will call. What rubbish!" he said to

himself.

A curious croaking sound drew the attention of all—a sound

as of something giving way.

"Jean!" her father called in an agitated shout from the bow-

window. "Back, Jean!!" He was too far to do more than
shout, as he saw the great mirror over the mantelpiece
seem to detach itself, and for an appreciable fraction of a
second lean forward. Jean, with her instinct of obedience,
born of long habit, sprang back, not hesitating for even the
fraction of a second; while Cyril, hearing both the loud crack
and the warning cry, as instinctively started forward. The
huge mirror crashed heavily down; one sharp edge tearing
a wide rent down Jean's white skirt, and bringing her to her
knees; the other striking Cyril prostrate.

Sybella's shrieks almost drowned the loud crash of

shattered glass: Sybella herself keeping at a safe distance.
The gentlemen made a simultaneous rush forward; and
Jean spoke calmly: "I am not hurt. Please see to Cyril.
Never mind me."

Five pairs of hands lifting the massive frame released both;

and Jean sprang to her feet. She had been pinned down by
the weight pressing on her skirt, but was entirely uninjured.
Mr. Trevelyan held her fast, his hands visibly shaking, and
his face grey. "My child! You are sure! Nothing wrong?" he
said hoarsely.

Jean had never seen him so overcome.

"Nothing—not a scratch. See—only my dress!" she said

reassuringly. "But—"

His lips touched her forehead, with a murmured—

"Thank God!"

And she hardly caught the words following, "I thought it

was all up with my Jean."

Then he leant against the back of a tall arm-chair, a glazed

look coming over his eyes, and Jean knew that he had
difficulty in holding himself upright. Before she could speak,
however, he had rallied, though not without a supreme
effort of will.

"Merely a passing sensation—a touch of dizziness," he said

cheerfully, in response to her glance. "Not worth attention.
Come—" and he walked across the room, Jean following
closely to the couch where Cyril had just been laid, white to
the lips with pain.

Evelyn knelt to support his head, and Sybella hovered round

about, in a state of incoherent though talkative distraction.

Cyril looked up at Mr. Trevelyan. "Jem has gone for Dr.

Ingram," he said, bringing the words slowly. "I don't think it
will be very much . . . The frame caught my shoulder . . .
Don't touch, please—" with a shrinking gesture. "I'm only—
so glad it wasn't Jean!"
Jean, to her own indignant surprise, actually burst into
tears.

CHAPTER VIII.

DARK-EYED EMMIE.

"But who could have expected this,

When we two drew together first,
Just for the obvious human bliss,
To satisfy life's daily thirst?"
R. BROWNING.

THE "queer little red house near the Post-Office," owned by

Captain Lucas, had been for three years empty. It was not
an easy house to let: standing just too far out of the main
track for business purposes, yet too much buried in a region
of shops to be attractive. Perhaps Captain Lucas asked too
high a rent. One way or another, it had remained long in the
hands of an aged caretaker; and the Lucases had troubled
their heads little about the matter, till sudden curtailment of
income came. Then, since nobody else was content to live
there, and to pay a reasonable rent, Captain Lucas decided
to make it his home.
The decision cost him a good deal; and he would hardly
have reached it without necessity. He was not anxious to
put himself in the way of relatives, who would look him in
the face, and pass him by as a stranger. Captain Lucas was
a man who naturally loved society, naturally delighted in
pleasant companionship; and to cut himself off from
intercourse with his fellow-men was like cutting off his right
hand or foot; yet to a large extent, he had done and would
do this. Not for a limited time only, but year after year;
sustained by his courageous wife, and surely upheld by
Divine power: he and she knowing, alas, too well, that only
by such means could he hope to keep in check the terrible
tendency which all his life had dragged him downward.

The heroism of such a strife, and of the self-denial which it

entailed, could only be appreciated by those who knew him
best.

But to refuse himself certain perilous indulgences, such as

hotels, clubs, dinner-parties, nay, even such as taking lunch
or supper with a friend, as a matter of manly self-control,
was one thing; and to be treated as an outcast by those to
whom he was bound by natural ties, was another thing. The
first, however trying, brought a certain sense of satisfaction
in his own victory over weakness. The second could bring
only smarting and pain.

Moreover, he know that Dutton would be dull for his wife

and child; and Captain Lucas, with all his faults—perhaps it
would be more forcible to say, with his one great fault—was
an affectionate man. He dearly loved his gentle wife, and
his sunny Emmeline. They were all that he had to make life
bright. He would have sacrificed much to bring brightness to
them; but there seemed to be no choice. He could no longer
afford to travel, or to pay rent elsewhere.
There was a charm of manner still about Captain Lucas: a
charm which Cyril had felt at once. He was not in the least
heroic-looking; not tall, and rather stout; while the face,
which had once been handsome, was marred by early years
of self-indulgence. Still he had retained the manners of a
gentleman; and he had by nature an unusual power of
making himself agreeable.

His wife and daughter loved him dearly despite all they had
endured through him—despite the shame he had made
them suffer. And for more than a year he had not once
given way. Emmeline's tender little heart was sure—quite
sure—he never would again. The poor wife would fain have
felt equally sure. She better understood the power of
sudden temptation.

As Cyril had told Jean, the house was furnished, albeit in an

old fashioned style. Dark pictures in heavy frames half
covered the walls; thick curtains shut out much of Heaven's
light; chairs of ponderous make stood solemnly about the
small rooms; and huge centre-tables left little space
around.

Emmeline did what she could to improve matters. She

arranged and re-arranged the uncompromising furniture;
she draped the curtains anew; she dragged centre-tables
into corners; above all, she shed the light of her own
smiling presence through the little house, and in a measure
transformed it—for others, rather than for herself. The
shining of a star flows outward, not inward; and a blazing
body like the sun may conceivably have a dark interior.

Emmeline's mental "interior" was not dark; she was too

brave-spirited to be often a victim of depression. Still, when
a week in the new home had gone by, she was conscious of
a dreary aspect to things generally—more conscious than on
their first arrival. She had worked desperately hard; and
now she was tired, and little remained to be done.

Moreover, she was labouring under a sense of

disappointment, which means a worse kind of tiredness
than mere weariness of back or limbs. Through the whole
week Sir Cyril Devereux had never once been near the
house. Nobody had been. Nobody had called. Nobody had
spoken a word or left a message of welcome. The three
seemed to be stranded on a barren shore, where none
cared to greet them. Emmeline had known much of such
isolation in her short life; yet somehow she never grew
used to it, for she always saw how different life was to other
people. There are some kinds of mental, as of bodily pain,
to which the sufferer never does or can grow really used.

Like most girls, she had her girlish love of friends and
companions, her girlish enjoyment of chatter and fun, her
girlish longings and dreams. She had built a good deal—
much more than she was aware—on the prospect of Sir
Cyril's friendship; not so much for herself as for her
parents. She was hardly more than a child yet; but she
knew how much her father liked Sir Cyril, and how good it
was for him to have outside interests—so long as no danger
was involved—and how it cheered her mother to have her
father in good spirits.

When Captain Lucas had written to tell Sir Cyril of their

plans, he had replied that he "would be sure to look in
directly they came." And Emmeline had set her little heart
on the fulfilment of this promise.

It had not been fulfilled, and Emmeline was sorely

disappointed, because she felt that it was a disappointment
to her father and mother. She liked Sir Cyril herself, with a
frank girlish liking; but it was honestly for their sake that
she grieved. It did seem hard that nobody could be
depended on.

"Only a week, of course!" commented Emmeline. "One

week is not long. But he said directly—and if I were a man,
I would do what I had said, if it were ever so hard."

Persistent rain had fallen all the morning and was falling
still, making the Dutton pavements wet, making the Dutton
world muddy. To keep up one's spirits on such a day is
always more difficult than in sunshine.

Emmeline stood at the window of the crooked little drawing-

room, looking across at a second-rate grocer's shop, in the
open doorway of which stood a woman, contemplating the
weather. There was not much else to be contemplated. A
cart jogged slowly by, between the two gazers; but not
many vehicles came this way. The red house stood out of
the main line of traffic.

Emmeline was seventeen years old, and a pretty girl. She

had childishly rounded cheeks, the bright colouring of which
did not fade under fatigue; only the soft dark eyes, usually
dancing with fun, had grown a trifle heavy. Her dainty little
hands held a duster, for she had just finished arranging the
last shelves of unpacked books.

"And now I really don't think there is anything more to be

done," sighed Emmeline.

"Talking to yourself, Em?" asked a gentle voice.

Emmeline's face flashed into immediate brightness, as she

turned towards a pale-faced lady, fragile and sweet-looking.

"O mother! I didn't hear you come in. Yes, I believe I was
doing what that maid called 'siloloquising.' Isn't it a horrid
day? Come and look-out."

"Should we not be better repaid if we studied the fire

instead?"

"Then you'll sit down in this arm-chair—" running to pull it

forward. "And here is a stool—and here is a cushion. I'll
tuck my duster away—and then we can be cosy. So my
father has gone out?"

"He wanted to take you; but I thought it best not, as you

have a cold, and he meant to go some distance."

"Oh, my cold is nothing. I wish you had told me." Emmeline

knelt on the rug looking thoughtfully at a purple flame.
"Mother, Sir Cyril has never been—after all!"

"No."

"Do you think he will come?"

"I can't tell. He meant to do so, I am sure. But he has his

aunt to consider; and she is a friend of Lady Lucas."

"Only he wrote and promised. I don't think he is very fond

of his aunt."

"She brought him up. I suppose he owes her some

submission."

"But he said the Trevelyans would call."

"I dare say they will drop their cards some day."

"Mother—" and a pause.

Mrs. Lucas put back the short dark hair which clustered
round the girl's brow.
"What is your mind so busy about to-day, dear?"

"I'm thinking just now about that old lady—about Lady

Lucas—" resentfully. "I'm glad you don't think I need speak
of her as 'aunt,' because she doesn't certainly behave like
an aunt."

"She would no doubt prefer that you should not."

"Mother, do you suppose she is a good woman?"

"I always suppose every one to be good until I know the

contrary."

"But—" with a half laugh, yet still resentfully—"don't we

know it? If she were good—Mother, she knows all about my
father!" the girl burst out in choked tones.

The mother and daughter did not often allow themselves to

talk of the family skeleton which haunted them. They would
speak in vague terms of the ever-present necessity to
"amuse" and "take care of" the household head; their work
in life being to strengthen his resolution, to ward off peril,
to aid and abet him in the daily fight. But the dread, always
more or less pressing on them, was seldom specifically
alluded to. Once in a way, however, the subject would come
up; and Mrs. Lucas would not check her child's confidence.
She could see now that Emmie's heart was full to
overflowing.

"Yes, dear."

"She knows all that so well. Shouldn't you think, if she were
a really good woman, she would want to do something to
help? She would not leave him alone, to feel dull and
miserable, and perhaps to—Mother, she must know how bad
that is for him—how much harder it makes it for him to
keep on."

"I don't suppose she thinks of the question from his side at
all, but only from her own."

"But then it isn't goodness—it's all selfishness."

"There's a good deal of selfishness among people—yes,

even people who are more or less 'good.' And most people's
'goodness' is very much alloyed—not pure gold—not even
18-carat gold. Only a little gold, mixed with very inferior
metals. I suppose one ought to be glad to find any gold at
all, in anybody."

"I don't believe there is a speck of gold in Lady Lucas."

"Ah, that is just what you and I can't judge. We can't see
with her eyes, you know, or understand exactly how things
look to her. She may be acting most conscientiously even in
keeping away from us. I believe she really is extremely kind
and benevolent—to other people."

"People who don't need it."

"People who do need it."

"Oh—the poor. But then, of course, that is quite easy.

People are praised for being kind to the poor," said
Emmeline shrewdly.

"Yes; and she would not be praised for kindness to us. Her
friends would even say—'How odd!'"

"I would not stop for such a reason."

"It is not at all impossible that Sir Cyril may."

"But it isn't as if my father—It isn't as if all that were not
over—"

"Or rather, as if he were not fighting a brave battle! Even if

it should not just yet be complete victory, I do think he
ought to have help and sympathy . . . But that is not the
way some people judge."

Emmie sighed deeply. "It seems so very very hard," she

said. "When he does try so!"

"Men have to pay the penalty for past wrongdoing," Mrs.

Lucas went on patiently, as if dissecting the question. "We
have to pay it—we with him. Even you, dear. It may seem
hard—suffering for what one has not done. Yet that has to
be. All wrong that is done, brings evil upon others. It is one
of the great mysteries of life. By-and-by, we shall
understand better—the reasons, I mean—the why and the
wherefore. Perhaps not in this life. We can only see now
that it is one of the laws of our being—inevitable, I suppose.
If a mother is careless, her child pays the penalty . . . Your
father suffers for what his father was.

"He said that once to me. Last year—" in smothered

accents. "It frightened me. He said he had inherited the
craving. He said it was born in him. Must one inherit such
things?"

"One person may, and another may not. And if one does
inherit the taste, there is no must be about using it. We
have it in our choice whether to use or not to use the things
we are born with. It is the same all round. You have
inherited two eyes; but whether you use those eyes is at
your own option. If you like to bandage them up all your
life, you will slay them by disuse."

"Mother, I think that's a lovely idea."

"I have had to work these questions out by myself. If a little
child uses his legs, they grow large and strong with
exercise; but if you pack them in cotton-wool and never let
him stand, they will wither and become useless . . . It is the
same with evil things. Suppose you did inherit a taste—that
taste—still it could never grow into a craving, except
through indulgence . . . I think, perhaps, your father did
inherit the inclination—he always says so. But, after all, it
might have been nothing. If he had been guarded as a
child, and brought up to shun the danger, instead of being
incessantly tempted, he might have grown in time as strong
as other men to resist. The weakness of will came through
long yielding. That has made the struggle so hard."

Emmeline drew another long breath, "Then nobody need be

conquered," she said. "Nobody need go down—hopelessly."

"Nobody, Emmie! Never! There is always help to be had—if

only one is willing."

Emmeline dashed away one or two tears. "A carriage at the

door," she said softly. "And—I do think it is Sir Cyril."

Emmeline's flush and brightness sent a pain to the mother's

heart. She could not analyse the causes of her child's
pleasure, and it made her fear for the future. Yet what could
be said or done? For her husband's sake, she might not
check the friendship.

Sir Cyril came in slowly, pale but smiling, his right arm
bound across his chest.

"Oh, you have had an accident?" exclaimed Emmie, in

distressed tones.

"Yes. Did you think me very long in making my

appearance?" with a warm left-handed greeting to each.
He held Emmie's fingers a trifle longer than was quite
necessary. The past talk had deepened to a lovely crimson
the colour in her cheeks; and the soft dark eyes showed
traces of tears, for which Cyril thought the little face looked
all the sweeter. It was a sweet little face, and the very
antipodes of Jean's! Two girls more unlike one another could
hardly have been found. Emmie was dark and rosy, tender
and plump, clinging and kitten-like. Jean was straight,
slender and pale, reserved and independent.

But as for which of the two Sir Cyril admired the most?
Since he himself was unable to answer that question, it is
unlikely that any one else should be able to answer it for
him. He only knew that he liked best for the moment
whichever he happened to be with.

"We hoped to see you soon," Mrs. Lucas made answer, for
Emmie was dumb.

"I should have come days ago, if I hadn't been hors de

combat."

Cyril lowered himself carefully into the offered arm-chair. He

was unable to bear the jar of a quick movement.

"This is the first time I have been out of the house. I am

afraid my aunt will be rather scandalised; but she is gone to
a kettledrum somewhere—"

Cyril did not feel obliged to state that the kettledrum was at
Lady Lucas; the more since his unfortunate word
"scandalised" had brought a faint flush to Mrs. Lucas' cheek.

"So I privately ordered the carriage to be ready to bring me

here, after taking her there. I mustn't stay long—but—"
"I am afraid you are in pain," said Mrs. Lucas, as he broke
off, pressing his lips together.

"Thanks, it can't be helped. We had a dinner-party last

week—the day you came—and the large mirror over the
fireplace came down with a crash. No warning at all. I was
underneath, and the frame just caught me—broke my
collar-bone, and damaged the arm a good deal. I shall be
all right in a few weeks."

"And nobody else was hurt?"

"Luckily not, Jean Trevelyan stepped back just in time. I

should have escaped too, but I stupidly started forward—
heard her father shout, and didn't know what it meant."

"You thought she wanted help?" suggested Emmeline, with

bright eyes.

"I suppose it was a feeling of that sort. I don't know. There

wasn't time to think. One does the sort of thing
instinctively."

"Is that the Miss Trevelyan you want us to know?" asked

Emmie timidly.

"Yes, you will see her soon. She hasn't been yet, I am
afraid, for her father has been ill. I fancy he was unwell
before, and the shock upset him. After he got home, he had
a sort of unconscious attack—not exactly fainting. Dr.
Ingram says he is overworked, and orders—"

Cyril broke off anew, clutching the arm of the chair with his
left hand.

"Emmie, ring for some tea. Sir Cyril looks as if he needed

it."
"I ought not to let you—but—" apologised Cyril, with a
glance at the bell.

He began to feel that he had done a foolish thing in coming

out before leave was granted. The jolting of the carriage
had brought on a fit of pain in the injured arm and shoulder,
momentarily waxing more severe; and Cyril was never good
at enduring pain. It turned him yellow-white; and he dared
not move.

"Don't stir, or try to talk," said Mrs. Lucas. "I am afraid you
ought to have stayed at home. Emmie, dear, that bottle of
strong salts—no, I cannot tell you exactly where it is. I shall
find it more quickly myself."

Mrs. Lucas vanished, and Cyril rested his head against the
chair-back. Emmie stood watching him, with a gaze full of
distressful pity. She was always easily stirred by the sight of
suffering. For some seconds, Cyril was too much occupied
with himself to notice her. Then a fresh stab in the arm
brought an uncontrollable start, a change of posture, and a
sharp drawing in of his breath, as if he hardly knew how to
bear it. A faint sob from Emmie made him look up, to see a
pair of dark eyes overflowing, a pair of sweet lips quivering.
He tried to smile and to reassure her.

"It doesn't matter. I shall be all right presently."

"Oh, but I am so sorry. It is so bad now."

Tea came in, and Emmie could hardly wait for the tray to be
put down. She poured out, and brought the cup to his side,
forgetting to cry in her eagerness.

"Let me hold it, please," she entreated. "You must keep

still."
Cyril obeyed, by no means unwillingly. The dark rosy little
face, with its mingled tears and smiles, looked wondrously
attractive, bending so near his own; and as he lifted his left
hand to steady the cup, it came in contact with her small
soft fingers. She had such a tiny round plump hand, the
very antipodes of Jean's long slender one. The touch sent a
curious sensation through Cyril. He began to wonder—to
feel almost sure—and yet he was not quite sure. He had to
lean back and to close his eyes, till the fit of pain should
lessen; and Mrs. Lucas returned with the salts; and Cyril
tried to analyse his own state of mind, feeling the pulse of
his mental being. But it would not do. He could come to no
conclusion, and thinking made his head ache; so he gave in,
and left matters to settle themselves.

Miss Devereux found out about her nephew's escapade,

although he was safely at home before the carriage went for
her; and she gave it to him hot and strong for his
imprudence. No wickeder word existed for Miss Devereux in
the British vocabulary than that dire word "Imprudence."

Remonstrances and warnings floated over him, however,

almost unnoticed. All the evening, between sharp twinges in
the arm, and dull throbs in the shoulder, he saw Emmie's
soft eyes, dark and tender and overflowing.

Jean's calm light-coloured eyes never looked thus. Dear old

Jean! There was nobody exactly like her in the world—but
she could not vie with Emmie Lucas in bewitching
sweetness.

CHAPTER IX.
 COMPLEXITIES OF LIFE.

"The same old baffling questions! O my friend,

I cannot answer them . . .

• • • • •

"I have no answer for myself or thee,

Save that I learned beside my mother's knee
'All is of God that is, and is to be;
And God is good.' Let this suffice us still,
Resting in childlike trust upon His will
Who moves to His great ends, unthwarted by the ill."
J. G.
WHITTIER.

NEARLY a fortnight had passed since the memorable dinner-

party; and Mr. Trevelyan had been unwell, even ill, all the
fortnight through. That one moment of dire alarm about
Jean appeared to have acted on him as the "last straw,"
minus which he might presumably have fought on a few
weeks longer.

Nobody else would have fought on half as long: so said Dr.

Ingram, called in three days later.

Mr. Trevelyan made nothing of the slight attack of

unconsciousness, which frightened Jean, after their return
home; but all next day he was heavy and listless, unable to
employ himself. He still strove against the need for medical
advice, declaring that a day or two of rest would set him up.
A severe cold next laid hold upon him, however, with
persistent hoarseness, and sharp rheumatic pains; and at
length, he succumbed.

Dr. Ingram found the once vigorous frame of Stewart

Trevelyan enfeebled to an extent which would hardly have
been thought credible by any one who had witnessed only a
few days earlier his apparent energy. The energy had long
been a matter of iron will, not of physical strength; and the
marvel was that a breakdown had not arrived sooner.

"Then I am to take care of myself, as a matter of duty,"

stated Mr. Trevelyan, after listening to Dr. Ingram's opinion.
"Very well. If it is my duty, there's no more to be said."

Mr. Trevelyan's notion of "taking care" might not altogether

coincide with his doctor's; still, so far as his reasoning
faculties were convinced, he promised to make a difference.
He would not for the present walk so far, or sit up so late;
and he would endeavour to be in by sundown—unless
urgently wanted out. Duty to his people would, of course,
come first.

"Duty to them may be included in duty to yourself,"

suggested Dr. Ingram. "If you are not careful, your duty to
them may be short-lived."

"Thanks for plain-speaking. Now I know what I am about,"

said Mr. Trevelyan.

Jean gave herself up to the care of her father; went hither

and thither unweariedly, that he might have the less to do;
and left mere calls upon friends for the future. The Lucases,
like others, had to wait.
To have Mr. Trevelyan even partially incapacitated was a
new experience for Jean. She had never before realised the
amount of work which he daily accomplished without fuss,
for the thorough care of his extensive though not thickly-
populated Parish, until now, when much had to be left
undone, and much rested on her own shoulders.

He was little better yet—one dismally wet day, about a

fortnight after the dinner-party. Cold and hoarseness,
rheumatism and weakness, were persistent; and fight as he
might against these ailments, he could not vanquish them.

For two Sundays, he had been unable to preach from sheer

voicelessness. It was all very well for him to promise "not to
attempt so much as usual." What he did do was the very
utmost that he had power to accomplish; and none knew
this better than Dr. Ingram.

The temperature was barely above freezing-point; and the

intense chill of almost frozen fog and mud and prevailing
damp penetrated everywhere. Mr. Trevelyan had not been
out since lunch; and he had found it impossible to keep
warm, even over the blazing study fire. Rheumatic aching
had him in its grasp; hoarseness was worse; and he looked
so ill that Jean wished it had been Dr. Ingram's day for a
call. He would come on the morrow; and meantime, as
occasional hot baths were ordered, Jean persuaded her
father to take one early, and to go straight to bed. For a
wonder, Mr. Trevelyan complied.

Somewhat later, Jean went softly into his room, to find him
sound asleep; so she moved softly away.

A mass of Parish accounts, which she had taken out of his

hands, required attention. It was past six o'clock, and Jean
counted on a quiet hour for work. Nobody could be
expected to call late on such a day. But hardly had she
taken up her pen, before a quick double tinkle of the back-
door bell sounded.

"Somebody wanting something, I suppose," she murmured,

with a little thrill of impatience.

"If you please, Miss Trevelyan—"

Jean turned to face the parlour-maid, a new and raw

importation.

"Yes, Elizabeth."

"Master's wanted, Miss—very particular."

"My father? He cannot go out."

"There's a man dying, Miss—up the gorge. He's dreadful

bad, and he wants to see master as quick as can be."

"Impossible! Up the gorge, in his state—a day like this.

What is the man's name?"

"Barclay, Miss."

Jean knew what this meant; knew in a moment, as with a

flash. She recalled at once her father's last interview with
Barclay. The man had been especially insolent, threatening
physical force, and Mr. Trevelyan had said at parting, "I
shall not call again at present. I cannot force you to listen.
But remember one thing—if you are in need, send, and I
will come!"

He had told this to Jean on his return; and she understood,

only too well, how he would regard his own promise, as well
as Barclay's necessity.
"Who has brought the message?"

"It's a man who lives near there—Smithson, the name is."

Elizabeth was a stranger to the neighbourhood.

"Call him into the study, please."

Jean was there, waiting, when Smithson entered—a large

and broad-shouldered yet stooping man, with a pale face,
well known to Jean as a member of the choir. He was one of
Jean's greatest devotees, and would have done anything in
the world for Mr. Trevelyan. His home was in a little row of
cottages beyond the V-point; and, as he at once began to
tell Jean, business had taken him that day past Barclay's
solitary cottage. He had not entered it before during
Barclay's tenancy, since the latter's determined seclusion
prevented all intercourse with his neighbours; but a sound
of loud groans induced Smithson to open the door. He found
Barclay struck down by apparently mortal illness, though
still ready to protest that he wanted no help.

Smithson, then on his way to Dutton by a shorter cut than

down the gorge, had lingered only to summon his wife to
the aid of the unhappy man; after which, he sped as quickly
as possible in quest of Mr. Evans, the Parish doctor. No
needless time was lost thenceforward; but the time already
lost had settled the matter.

When Smithson once more passed the cottage, on his way

from Dutton, late in the afternoon, he found his wife still
present, and Barclay in worse agony than before. The
doctor had pronounced it a hopeless case. Too late to do
anything, he said. He would look in again next morning, and
he promised some medicine meantime; but he did not
expect Barclay to outlive the night.
Barclay knew all this, and his one cry, in the face of
approaching death, was for the man he had persistently
repelled.

"Send for the Parson! I must see Mr. Trevelyan. For the love
of heaven, fetch him quick! For pity's sake, make haste!"
were the entreaties and commands gasped out in the midst
of mortal pain.

Smithson tried to speak of Mr. Trevelyan's ill-health, but he

was not so much as listened to.

"For the love of heaven, be quick! I tell you he'll come! He

promised he'd come! For the love of heaven, make haste!"

The labouring breath gave force to these imploring words.

"So I just come off sharp, for I didn't see what else I was to
do," continued Smithson: "and I thought you'd know! If it
wasn't a matter of life and death—! And Mr. Trevelyan that
set on bein' good to him! The times an' agen I've seen him
a-goin' there, and the way he's been treated! But anyway it
wasn't for me to say 'No' to a man, and he dying."

"You don't think it would do to send for Mr. James

Trevelyan? He would go at once."

"Barclay says he'll see none but the Parson, Miss! He's that
bent on it! I asked him, and he shouted out 'No!' louder
than I'd have thought he could. And I doubt there mightn't
be time," in a lower voice. "He's awful bad. The doctor
telled my missis, he might be gone any minute. Seems
hard, if he can't have his dying wish, poor chap! But if Mr.
Trevelyan ain't fit—"

Jean had never in her life so longed, for some one to appeal
to; some one of whom to ask advice. How could she take
upon herself the responsibility of calling her father?—Yet
how could she take upon herself the other responsibility of
not calling him? Jean's was no weak nature, loving to shirk
responsibilities; but this was a terrible ordeal. It might be a
matter of life and death for Mr. Trevelyan! Yet, if Barclay
should die, vainly craving the promised help, because she
had deliberately withheld it—what would her father say?

The echo of that passionate appeal—

"For the love of heaven, be quick!" filled the room, and

entered into Jean's compassionate heart.

She tried to speak of her father's state, of the peril to him

of such an expedition; but the words died on her lips. Jean
knew already that the thing had to be.

"Wait here till I come back," she said; and she went
upstairs.

What ought she to do? That question stood out prominently.

She had no doubt at all as to what her father would expect
her to do; but the question was, ought she to sacrifice him
to the needs of Barclay?—She, his child!

It might mean the sacrifice of his health, if not worse. Jean

faced this fact. In his weakened state, a long walk in such
weather after dark might mean a fatal chill. The possibility
was not so vivid for Jean, as it would have been for most
people, since she been educated to disregard questions of
health; still she was conscious of danger. Dr. Ingram had
spoken serious warnings.

If she awakened her father, and appealed to his judgment,

he would go. Jean knew this perfectly well. He had never
been used to put his own comfort or safety before the
needs of his people; and she knew that he would not do so
now. By calling him, Jean would practically decide the
matter.

He would inevitably blame her if she did not call him; he

would be displeased—nay, more than displeased, absolutely
wrathful. Jean had never yet dared to go against Mr.
Trevelyan's iron will; but she had it in her to dare, if only
she could feel herself right in so going. She would be able to
face his anger, if only convinced of what ought to be done.
Would she be right to leave him in ignorance of Barclay's
state?

Jean had fought the same battle many a time in miniature;

but she had never known so hard a fight. She could far
more easily have sacrificed herself than another. That her
lips should be the ones to summon him to peril was bitter
indeed. Yet from the main question she did not flinch. If the
thing were right, she would do it. Many a woman in her
place would have very easily decided to let Mr. Trevelyan
sleep on, sending the messenger to Jem; but with Jean,
such a course of action was impossible, unless she
deliberately felt it to be her duty. Then she would be strong
to do, and brave to endure all consequences. But if she saw
distinctly the peril to her father, she saw no less distinctly
the reverse side of the matter—Barclay's need, and Mr.
Trevelyan's responsibility.

He was sleeping still when she entered the room; drops of

heat and weakness standing on his brow; the face drawn
and thin. A great wave of distress and perplexity rolled over
Jean. She to have to rouse him from his quiet sleep; to
send him forth into the chill evening air; to summon him,
perhaps, to his death. And for what? For a graceless wretch
who, during long months, had stubbornly resisted Mr.
Trevelyan's kindness, had utterly refused his offered help.
And yet—if she did not?

Barclay had had a loveless and embittering life. He had

been almost without softening influences. If now, at last, he
were repentant—if in his dire extremity and ignorance, he
craved help—if Mr. Trevelyan alone could give that help—
might Jean, dared Jean, deny it to him, knowing her
father's great pity for and interest in the man?

She held the bedstead with one hand, looking down on the
worn face, and tried to imagine herself in Mr. Trevelyan's
position—bound by his duties and responsibilities, bound
also in this case by a particular promise, Jean knew at once,
with vivid certainty, that she would count herself bound to
go, irrespective of personal risk; that she would expect to
be called; that she would blame severely any one who
should venture to deny to her the choice.

Suppose Mr. Trevelyan were allowed to sleep, unknowing;

suppose Smithson were sent on, two miles further, to find
Jem; suppose meanwhile Barclay died; suppose Mr.
Trevelyan should wake up next morning to find things thus
—Barclay dead, the promise not kept, the longed-for words
not spoken, all through Jean's refusal, and all a part of the
irrevocable past!

Jean shuddered, with a sick dread, at the thought of his

look.

Yet she could have done it, could have dared all, had she
felt sure she would be doing rightly. But that she could not
feel. She pictured herself, for one moment in Barclay's
place! Then came another question, "If CHRIST were here,
would HE hold back?"

"Father," she said quietly.

He did not move.

"Father!"

"Jean! Yes."

"I don't quite know what to do."

"Something happened? Yes—tell me."

He was wide awake in a moment.

"A man up the gorge is ill—and he has sent. Don't you think
we can ask Jem to go?"

"Wants me?"

"Smithson has brought the message."

"Who is it?"

"Barclay. He is very ill—dying."

"And he has sent for me?"

"You can't go. It is impossible!" That side of the matter was

all Jean could see now. The responsibility lay with her father
since she had called him, and she would do all in her power
to keep him back. "You can't go. It is so cold and wet—a
dreadful evening—and you are not well enough."

"I can't help that. Run, my dear. I shall be ready in a few

minutes."

"If it were anywhere else—where you could drive! But up

the gorge—"
"Yes. Is Smithson still here? Tell him to wait for me. I shall
be glad of his arm, going uphill. You don't know what is
wrong with Barclay?"

"It is an acute attack—something internal, I fancy. Mr.

Evans has seen him, and says nothing can be done. He is in
great pain."

"Run away, my dear."

"Father, you don't think—if I were to go to the cottage with

Smithson, and tell him Jem would come? The gardener
could go for Jem."

"You need not be afraid. A man can always do his duty. I

will wrap up well, and take all precautions. Make me a cup
of hot coffee, if you like—and give Smithson some too."

Jean retreated, with a terrible weight at her heart; ran

down to speak to Smithson; ordered the coffee; then
rushed upstairs to don hat and ulster. But disappointment
awaited her. When Mr. Trevelyan appeared, a negative
movement of his head greeted the outdoor apparel.

"No, Jean."

"I am coming, of course?"—desperately.

"No; it is unnecessary. You have had a great deal to do

lately, and you are tired—" which was true, though Jean
imagined he had not seen it. "You can do no possible good
by coming; and I don't wish you to be there . . . It is
practically almost a one-roomed cottage—every sound
heard. Stay at home, and keep up good fires."

"You needn't be afraid, Miss," put in Smithson. "I'll see him

home safe—I promise you."
"You will not let my father come back alone?"

"No, Miss Trevelyan, I won't! Not if it's ever so!"

Jean was fain to submit. She knew from her father's face,
the uselessness of further protest.

He drank his coffee, allowed her to put his comforter over

his mouth, gave a little parting smile of encouragement,
and was off.

Jean followed him to the front door, where the cold chill of
the almost freezing fog struck them as with an invisible
hand. Then she was ordered back; but not before the
thought came—what would the gorge be like, on such an
evening? For herself, she would have thought nothing of it;
but for Mr. Trevelyan—!

Jean took off her walking things, and resolutely returned to

the Parish accounts, putting from her as far as possible the
fears which sought to obtain dominion.

She had wanted a quiet hour, and now she had it. The
Parish accounts were gainers thereby; but at the hour's
end, Jean could do no more. Even her self-mastery for once
failed under the strain. She could neither work nor read, but
could only walk to and fro, restlessly questioning with
herself; one moment bitterly regretting her own action; the
next, feeling that if all should come over again, no other
decision would be possible. She knew well that, if she had
not called her father, she would be quite as unhappy now
from the opposite cause.

Another ring—this time at the front door—and James

Trevelyan walked in.
"Jem, if you had only come an hour ago!" was his
unexpected greeting.

"Why, Jean! You are as pale as a ghost."

"My father has been so unwell to-day; and he has gone up

the gorge."

"Whew! Nice afternoon!"

Jem held two cold hands to the fire, and examined Jean
with kind eyes. He had rarely seen her so troubled. She
grew whiter as she told him what had passed, and sought
his face sorrowfully for an opinion.

"What do you think? Was I right? Could I do anything else?"

"You had hardly a right to decide for your father. I wish he

had not felt obliged to go."

"He promised, you know! Not that that makes much

difference. He would have gone anyhow. But if it should
make him worse—Jem, shall I have done wrongly?"

"Questions of right and wrong don't hinge upon

consequences."

"You would have done the same in my place?"

"Can't be sure. I might not have had the courage."

"I almost thought I hadn't the courage not to call him."

"Would it not have been easier to face his displeasure than

to risk doing him harm? Be just to yourself, Jean."

Jean smiled. "I see," she said. "Yes—then it really was

conscience. One gets so puzzled . . . And to have to settle
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