Protecting a Suspect’s Rights—The Miranda Warning 330 Related Cases 332
Waiving the Right 333
Beachheading or “Question First” 334
The Public Safety Exception 334
How Long Do Miranda Warnings Last? 335
Protecting the Rights of Foreign Nationals 335
Involuntary Confessions 336
Entrapment 336
A Recap of the Landmark Cases 337
Chapter 9: Issues Concerning Police Conduct 346
Introduction 347
Discretion 348
Discrimination or Disparity in Policing: Gender, Class, and Race Issues 348
Gender Issues 350
Class Issues 350
Racial Issues 351
Use of Force 358
Gender and Use of Force 358
Use-of-Force Continuums 359
Sudden In-Custody Death 359
Reasonable Force 361
Excessive Force 362
Less-Lethal Force 363
Deadly Force 366
Use of Force and Race 368
Avoiding Use-of-Force-Related Problems 369
Officers’ Rights in Use-of-Force Lawsuits 371
Police Pursuits 371
To Pursue or Not to Pursue 372
Pursuit Policies 373
Liability in Police Pursuits 374
Civil Liability 375
Lawsuits and SWAT 376
Reducing Civil Liability 377
Corruption, Ethics, and Integrity 378
What Constitutes Corruption? 379
How Corruption Arises and Perpetuates 381
How Police Learn about Ethics 382
The Importance of Police Integrity and Core Virtues 383
Building an Ethical Department 384
Chapter 10: Gangs and Drugs: Threats to Our National Security 390
Introduction 391
The Threat of Gangs: Current Trends 391
Defining and Classifying Gangs 394
Street Gangs 395
Outlaw Motorcycle Gangs 397
Prison Gangs 400
Characteristics of Gangs 401
Criminal Activities 401
Organization 402
Leadership 403
Domain Identification 403
Symbols 403
Names 404
The Gang Subculture 404
Why People Join Gangs 405
Risk Factors 405
Responding to a Gang Problem 407
Gang Intelligence 407
Gang Control Strategies 408
Prosecuting Gang Members 415
Gangs, Drugs, Crime, and Violence 415
Drug Cartels 417
The Mexican Drug War 417
Other U.S. Borders 419
The History of Drug Use in the United States 419
National Drug Threat Assessment 420
Monitoring the Future 420
National Survey on Drug Use and Health 422
Controlled Substances: An Overview 422
Controlled Prescription Drugs 423
Heroin 424
Methamphetamine 425
Cocaine 427
Marijuana 427
Synthetic Designer Drugs 428
Other Controlled Substances 428
Over-the-Counter Drugs 429
The “War on Drugs” and the National Drug Control Strategy 430
Prevention: Stopping Drug Use before It Starts 430
Treatment: Healing America’s Drug Users 432
Crime Control: Disrupting the Market 432
Punishment 436
Legalization 437
The Nexus Between Illicit-Drug Abuse and Crime 438
Chapter 11: Terrorism and Homeland Security 444
Introduction 445
What is Terrorism? 446
Asymmetric Warfare 447
The Evolution of Terrorist Ideology 448
Classification of Terrorist Acts 449
International Terrorism 449
Homegrown Violent Extremists 450
Domestic Terrorism 452
The “Lone Wolf” Offender 453
Motivations for Terrorism 453
Methods Used by Terrorists 454
Arson, Explosives, and Bombs 454
Weapons of Mass Destruction 457
Technological Terrorism 459
Kidnappings and Hostage-Takings 460
Active Shooters 460
The U.S. Response to 9/11—Detect, Prepare, Prevent, Protect, Respond, and Recover 460
The Department of Homeland Security 461
The USA Freedom Act 462
Increased Border Security 463
The National Incident Management System 463
The National Response Framework 464
The National Response Plan 465
Intelligence Gathering and Sharing: The Need for Interoperability 465
Addressing Obstacles to Intelligence Sharing 467
The Critical Role of Local Law Enforcement in Homeland Security 467
Knowing the Enemy and Being Vigilant—Prevention 468
Completing Suspicious Activity Reports and Sharing Information 468
Preparing—The Agency and the Community 470
Practicing the Response 470
Assessing Risks and Identifying Potential Terrorist Targets 471
Being Proactive and Forming Partnerships 472
Responding to Terrorist Attacks 473
Investigating Terrorist Acts 473
Funding Terrorism 473
Terrorists as Criminals 474
Concerns Related to the War on Terrorism 474
Concern for Civil Rights 476
Retaliation or Discrimination against People of Middle Eastern Descent 476
A Final Consideration 477
Chapter 12: Becoming a Law Enforcement Professional 483
Introduction 484
Evaluating and Selecting an Agency for Employment 485
Desired Qualities of Law Enforcement Officers 486
Finding Qualified Applicants 487
Other Recruiting Challenges 489
Recruiting Strategies 490
The Law Enforcement Recruitment Toolkit 490
Recruiting for Diversity 491
The Importance of Hiring Well 493
The Selection Process 494
The Formal Application—Basic Requirements to Become a Police Officer 494
The Written Examination 499
Physical Fitness Tests 499
Psychological Testing 501
The Interview 501
The Background Investigation 502
Testing or Assessment Centers 503
The Medical Examination 504
The Final Result 504
Federal Guidelines and Regulations 504
Equal Employment Opportunity Act 505
Affirmative Action 505
Americans with Disabilities Act 507
Probation and Training 508
Training and Civil Liability 509
Retention 511
Why Officers Leave 511
Salary and Benefits 512
Elimination of Sexual Harassment 513
Stress and Burnout 514
Retention Strategies 516
Unions 516
Moonlighting 518
Accreditation 519
Police Professionalism 521
Specialized Knowledge 521
Autonomy 521
A Service Ideal 522
SECTION IV:
COURTS AND CORRECTIONS: LAW ENFORCEMENT’S PARTNERS IN THE CRIMINAL JUSTICE SYSTEM 527
Chapter 13: U.S. Courts 529
Introduction 530
The Court System: An Overview 531
The State Court System 532
Juvenile Courts 532
The Federal Court System 534
The United States Supreme Court 535
Specialized Courts 535
Tribal Courts 536
Community Courts 536
Problem-Solving Courts 536
The Adversary System 540
Key Players in the Judicial Process 542
The Defendant 542
The Prosecutor 543
The Defense Attorney 545
The Judge 545
The Jury 545
Critical Stages in the Criminal Justice Process 546
Bail and Writ of Habeas Corpus 549
The Preliminary Hearing 549
The Arraignment 550
Omnibus Hearing 550
Alternatives to a Trial 551
Diversion 551
Plea and Charge Bargaining 552
The Trial 553
Jury Selection 553
Testimony 554
Closing Statements and Jury Deliberation 554
Sentencing 554
Case Review and Appeal 556
The Police Officer in Court 556
Preparing a Case for Prosecution 557
Appearing as a Witness 558
Testifying under Direct Examination 560
Testifying under Cross-Examination 561
Expert Testimony 562
After Testifying 563
Courtroom Security 564
Chapter 14: Corrections 569
Introduction 570
An Overview of U.S. Corrections: Philosophy and Principles 571
Purposes and Goals of Corrections 571
Two Conflicting Views of Corrections 574
Correctional Ideologies and Models 575
Pretrial Services, Detention, and Diversion 576
Alternatives to Incarceration 577
Financial Sanctions: Fines, Forfeiture, and Restitution 578
Intensive Supervision Probation 578
House Arrest and Electronic Monitoring 579
Day Reporting Centers 579
Residential Community Corrections 579
Probation 579
Incarceration 581
Jails 581
Prisons 583
Parole 585
Who Gets Parole 586
Conditions of Parole 586
Pros and Cons of Parole 586
Police, Probation, and Parole 587
Reentry and Reintegration 588
Community-Based Reintegration Programs 588
Elements of Successful Reentry Programs 589
Death Row Versus Life Without Parole 590
Juvenile Corrections 592
Intermediate Sanctions for Juveniles 593
Residential Placement 594
Aftercare 595
APPENDIX A: State Hate Crime Statutory Provisions 601
GLOSSARY 604
AUTHOR INDEX 617
SUBJECT INDEX 621
Law enforcement and criminal justice in the United States have evolved tremendously since the country was founded more than 200 years ago. Actually, the changes that have occurred in the past three decades alone are impressive.
Most of you were not yet born when the first edition of this text was published in 1979. Students studying law enforcement at that time were not exposed to the breadth and depth of topics you are about to explore. The inaugural edition of this book had no mention of the Internet, cybercrime, phishing, or identity theft. Coverage of drugs did not include methamphetamine, spice, synthetic designer drugs, or prescription drug abuse. There were no sections devoted to terrorism and homeland security, school shootings, or hate crimes. Students did not learn about use-of-force continuums, how to interact with the media, or how to communicate with immigrant populations and increasingly diverse communities. Acronyms such as BAC, DUI, CAD, GIS, MIS, IEDs, WMDs, HIV, and AIDS were meaningless. Concepts such as racial profiling, accreditation, and community policing had not yet taken shape. Clearly, the issues facing students of law enforcement and criminal justice have changed substantially during the past 30 years.
Introduction to Law Enforcement and Criminal Justice was written to present an overview of the field and the numerous complexities within it. It also seeks to instill an appreciation for those who “serve and protect” our society and an understanding of this exciting, challenging profession. The future of our lawful, democratic society depends largely on those currently in the field of criminal justice and those preparing to enter it. Law enforcement officers have awesome power and tremendous responsibilities that must be met under constantly changing circumstances and in a way that protects individual rights and society’s rights simultaneously—a tremendous challenge.
When we wrote the first edition of this text more than 35 years ago, law enforcement seemed more predictable and faced different challenges than it does now. In the 1970s, law enforcement was focused on restoring its image after the disturbances and civil unrest of the 1960s. It saw organized crime as a major national threat. Crime fighting was its most obvious mission. Victims were seen primarily as sources of information. AIDS, crack cocaine, drive-by shootings and children shooting children, domestic violence, and terrorism were not perceived as problems. The first edition contained no chapters on community policing, problem solving, juveniles, or victims because these were not priorities. The beginnings of community policing could be seen, however, in the discussions of team policing and community service—helping citizens help themselves. The first edition also
had no chapters on courts or corrections, focusing solely on the law enforcement component of the criminal justice system.
This current edition recognizes the interrelationships of the components of the criminal justice system and the need for coordination among them. As you learn about law enforcement, you will find three recurring themes in this text. The first theme is that of community or service orientation to law enforcement and the critical importance of partnerships, viewing citizens as co-producers of justice. A second theme is that of police officers as peace officers as well as crime fighters and a concern for not only criminal justice but social justice as well—the need to identify as guardians of their communities, not warriors. The third theme is that of police officers’ discretion in their role as gatekeepers to the criminal justice system. Each chapter in the text serves as an overview of an area that could be expanded into an entire course.
MAJor FEATurES—ConTEXT THEMES
Not unexpectedly, the text begins with chapters that provide needed background (Section I). Our present system of law enforcement did not just magically appear. It has evolved slowly, shaped by numerous factors, including social and political influences. Chapter 1 describes the evolution of law enforcement and the criminal justice system from its ancient roots to the present system. Chapter 2 describes the laws all U.S. citizens are expected to obey and how they came to be. Chapter 3 explores crime in the United States: what types of crimes are occurring and theories about why, who commits crime, and the effect it has on victims. This section provides the context within which to understand contemporary policing in the United States: its history and traditions and the laws under which it operates and which it enforces, as well as the individuals who choose to disobey the laws and their victims. Policing is, at its heart, about people.
Section II helps you understand the traditional organization and functions of law enforcement, most of which can still be found within our law enforcement agencies. First, an overview of the organization, goals, characteristics, and culture is presented (Chapter 4). This is followed by a discussion of the current approaches to policing being used in our post-9/11 society—community policing, problem-solving policing, intelligence-led policing, and evidence-based policing (Chapter 5). Next is a look at the vital function of patrol, considered the backbone of policing, as well as the role of traffic duty (Chapter 6). The section ends with an examination of the specialized assignments frequently found in larger agencies, such as investigators, SWAT teams, school resource officers, and reserve officers (Chapter 7).
Section III explores important challenges to the profession in the 21st century. It begins with a discussion of the challenge of policing within the law, apprehending criminals without violating their constitutional rights (Chapter 8). Next, significant issues involved in policing are described, including discretion, discrimination, racial profiling, use of force, pursuit, liability, corruption, and ethics (Chapter 9). Then the challenges posed by gangs and drugs, problems that have overshadowed the previous concern with organized crime, are
presented (Chapter 10). This is followed by an examination of the latest threat to our country—terrorism—and the role of local police in securing our homeland (Chapter 11). The section concludes with a discussion of departmental issues, including recruiting and retaining officers, civilian review boards, sexual harassment, unions, moonlighting, privatization of law enforcement, accreditation, and professionalism (Chapter 12).
The final section places law enforcement into the context of the criminal justice system, examining its role with the other two components of the criminal justice system: the courts and corrections. The need for collaboration and cooperation among the three components has become an important focus during the past several decades. Chapter 13 describes the U.S. court system, its structure, key players, critical stages, the trial itself, and the role of the law enforcement officer in the court system. Chapter 14 explains the U.S. corrections system, its purposes, components, alternatives, and issues, including that of capital punishment. Both Chapters 13 and 14 also explain these two components within the juvenile justice system.
nEW To THiS EdiTion
This 12th edition has been completely updated, with many sources cited being published after 2012, including the Final Report of the President’s Task Force on 21st Century Policing (2015). Included are 19 new terms, nine new Supreme Court case rulings, and more than 50 new references. Specific changes within each chapter include the following:
■ Chapter 1—The Evolution of Law Enforcement:
● We reorganized the Federal Law Enforcement Agencies section slightly to bring discussion of agencies into alignment with new Department of Justice and Department of Homeland Security (DHS) structures, moved the DHS organizational chart from the terrorism chapter to this chapter, added the Tribal Law and Order Act of 2010 to section on Tribal Law Enforcement, and added content related to President’s Task Force on 21st Century Policing.
■ Chapter 2—The American Quest for Freedom and Justice: Our Laws:
● In this chapter, we added a new section called “What is Law?” to introduce the concept of social control (formal and informal) and Black’s sociological theory that law varies inversely with other forms of social control. Additionally, the actual text of the Bill of Rights is now included with each amendment section. There is a brief discussion about religious diversity added to the section on Freedom of Religion and an added section on McDonald v. City of Chicago (2010) in the discussion of the Second Amendment. We expanded the discussion about zones of privacy, per reviewer suggestion, with an example of drones, reorganized the sections on criminal and civil law, and added key terms: penumbra, social contract, unenumerated rights, zones of privacy
■ Chapter 3—Crime in the United States: Offenses, Offenders, Victims:
● We have made many updates to this chapter, including the Crime Clock statistics, National Incident-Based Reporting System offenses (to include new crimes and categories), and the definition of rape, per the new Federal Bureau of Investigation (FBI) definition (revised and legacy definitions provided). The section on victims has been revised to include the Crime Victims’ Rights Act of 2004 and an added discussion on police as victims, per reviewer suggestion. The distinction between murder and homicide has also been clarified.
■ Chapter 4—Today’s Police and Police Agency: An Overview:
● This chapter has an added discussion of and content from the Final Report of the President’s Task Force on 21st Century Policing and a significantly expanded discussion on styles of policing to emphasize the requisite shift in law enforcement culture from warrior to guardian mindset. We have introduced the concept of procedural justice; scaled back the discussion on span of control; and updated the discussion of communication and technology, adding information on police use of social media to disseminate and receive information from the public, and the growing use of tablets in field operations. The section on the public’s confidence in the police has been updated to reflect recent survey results, and we’ve added to the discussion of police image to address the influence of the media and trends in public opinion polls. The section on 10-codes has been modified to explain their phase out, and new key terms have been added, including Ferguson effect, guardian, procedural justice, and warrior.
■ Chapter 5—Policing in a Post-9/11 Society:
● Most significantly, this chapter now comes earlier in the text; it was Chapter 7 in the previous edition. It has been updated to include more current examples of policing in action, new content on implicit bias and how it factors into delivering procedural justice, and a new section on asset mapping under evidence-based policing. We have clarified the role of the community policing philosophy and the emphasis of its relevance to today’s police mission, as supported by the President’s Task Force on 21st Century Policing and post-Ferguson assessments of policing, including an example of the Salinas (California) Police Department (2016), and elaborated on how a sense of community benefits the policing mission and provided links to stories where police departments acknowledge the importance of sense of community. We have expanded the discussion to support how the SARA (scanning, analyzing, responding, and assessing) model and the idea of “broken windows” are still relevant to post-9/11 policing, added content related to predictive policing (PredPol), and added a new figure on the four stages of the PredPol cycle. Additionally, we replaced content related to National Law Enforcement Research Agenda with discussion of the National Police Research Platform, as the preceding has been discontinued, and updated the list of current research priorities. Other notable additions include a new figure showing the primary elements of community policing, with focus placed on the organizational
transformation of a police agency, an example of a school-based program to build positive relationships between youth and the police, and two new key terms: asset mapping, implicit bias.
■ Chapter 6—Patrol: The Backbone of Policing:
● There have been some minor reorganization and scaling back on some of the content in this chapter because of the shuffling of chapters in this edition. We have added to the discussion on CompStat, speed cameras, and updated statistics throughout. We included information on Missouri v. McNeely (2013), a case that impacted police taking warrantless blood draws from DWI (driving while intoxicated) suspects, and included using drug recognition experts to detect impairment in drivers. We also deleted the term road rage and added aggressive driving to reflect change in terminology used by the National Highway Traffic Safety Administration.
■ Chapter 7—Specialized Roles of Police:
● Within this chapter, we reorganized and placed all forensic science and crime scene investigation content together to avoid disjointedness and changed the title of the section on “Profilers” to “Criminal Investigative Analysts” to follow change in terminology used by the FBI. We added the requirements specified by the International Crime Scene Investigators Association to become certified as a forensic crime scene investigator, content about the National Commission on Forensic Science and its purpose, information about biometric analysis and the FBI’s new Biometric Center of Excellence, a note about the Supreme Court ruling allowing the preconviction collection of DNA, a paragraph on mitochondrial DNA (mtDNA) and its usefulness to investigators, and detail on the requirements to becoming a criminal profiler or investigative analyst. There is additional discussion on school resource officers, specifically about the National Association of School Resource Officers’ mission and training programs, new examples of how various police agencies approach vice problems, and more information on bookmaking in the section on gambling. We have expanded the discussion on K-9 units to include more on training and certification requirements and factors to consider when applying to become a K-9 handler and added more about the requirements to become a reserve officer. There is one new key term (biometrics) and a new case, Florida v. Jardines (2013), which discusses the legality of dog sniffs at houses.
■ Chapter 8—Policing within the Law:
● We have added discussion of several new cases to this chapter: Horton v. California (1990) to the section on plain view evidence, to better clarify how plain view does not always invoke the plain view doctrine; Riley v. California (2014) and U.S. v. Wurie (2014), which deal with warrantless searches of digital data on cell phones; U.S. v. Davis (2014), which ruled that police do not need a warrant to retrieve cell phone location records in the course of an investigation; and State v. Brossart (2015), which addresses
Another random document with no related content on Scribd:
The Project Gutenberg eBook of Too close to the forest
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: Too close to the forest
Author: Bryce Walton Al Reynolds
Release date: April 8, 2024 [eBook #73356]
Language: English
Original publication: New York, NY: King-Size Publications, Inc, 1954
Credits: Greg Weeks, Mary Meehan and the Online Distributed Proofreading Team at http://www.pgdp.net
*** START OF THE PROJECT GUTENBERG EBOOK TOO CLOSE TO THE FOREST ***
Too close to the forest
By Bryce Walton & Al Reynolds
The dazzling difference between failure and success hung from a spidery thread. And established a barrier no ESP could sever. Werollouttheredcarpetfor BryceWaltonandAl Reynolds.Newtous—butnot toyou.Their'sisthedelicate taleofasensitivemind,the mindofDr.Marstenwhotried franticallytoreachhis colleagues.Onlytoprovethat over-familiaritywitha subject,reiterationofdetail, mayobliteratetheessential vitalpointtosuccessofa greatscientific experimentation.
[Transcriber's Note: This etext was produced from Fantastic Universe July 1954. Extensive research did not uncover any evidence that the U.S. copyright on this publication was renewed.]
I won't forget that evening of the big experiment. If the truth is ever known about that evening maybe the world will never forget it either. I got there first, and went into the hall they'd let Dr. Marsten have for the evening on the Revere University Campus. Dr. Marsten was sitting there alone behind a table with a few papers in front of him. A single lamp burned that spotlighted his face like some old classic sculpture in a gallery.
That's the way I remember him. Small, with delicate yet lined features, and his hair, still dark, and his eyes bright and even darker from peering beyond the frontiers of the human mind.
I never saw him again after that night, not in any way I want to remember.
He offered his hand. It was hot and damp and shaking a little. Tension had drawn his mouth tight, even when he managed to smile at me and indicate a chair. I sat down.
"I'm so glad you're here, Max," he said. "It is right that you share in this triumph." I could feel the tension behind his words. It was the climax of his life. He would either vindicate himself or go, disgraced, into oblivion.
He didn't have to explain any of this to me. I guess I was closer to Dr. Marsten than anyone had ever been, except his wife, of course. She had died ten years before. From that time on he lived for his work in experimental psychology. Until finally, much to everyone's shock and disbelief, he turned to parapsychology. And I worked with him against the heartbreakingly rigid demands of the scientific method.
I was only a graduate student working for my Doctor's degree at the time. A term paper I'd done had impressed Marsten and he had gotten me a scholarship. During the four years after that I was his assistant and confidant.
That is, I was until he got completely wrapped up in parapsychology, Extra Sensory Perception. At that point he abruptly dismissed me.
I knew why. I argued about it but he was adamant. He knew what experiments in a field tinged with mysticism and the supernatural might do to my scientific professional career. As it finally did to his. He didn't want to involve me.
He was ostracized, dismissed from the University as a faculty member. The scientific world depends on its open mind, within the bounds of its own techniques. But the unknown worlds of the human mind are sometimes very hard to fit into the rigid scientific disciplines and methodologies.
Rhine's experiments satisfy those who want desperately, many of them for highly personal reasons and needs, to believe in Extra Sensory Perception. It doesn't satisfy the scientific mind. Its "scientific validity," based on averages greater than those of "chance," are not adequate for the scientific method. Too many variables. But Marsten had told me he had gone much further than Rhine or his disciples. And now he'd ask me to be here for the culmination of his ten years of work.
"My theories will now be proven," he'd written me. "I want you to see the proof I shall offer on the opening of new worlds of the human mind...."
He'd published books on the subject but the world of science labeled them pseudo-science, stuff for the psychic research societies and those who take photographs of ectoplasm.
I believed in Marsten to an extent. But at the same time I doubted that he could prove his contentions. I knew he was staking everything on his faith in himself tonight. The biggest men in science —men who had respected Marsten as a scientific mind until he went off the deep end, they thought—were going to appear, allow him to use them in his experiment to prove his theories.
They were big men in heart as well as reputation. But Marsten had done some remarkable work in experimental psychology in the past
and I guess no one, outside of myself, wanted to see him regain his professional respect and reputation as much as did those men: De Vaca, Professor of English Literature; H. Morrison, Professor of Biology; M. Borinsky, Professor of History and specialist in the History of Russia; Billingsley, Professor of Theosophy; Marian Adler, Psychology Professor who happened to have the same surname as Freud's disciple, and there were others.
They had all agreed to Marsten's request to be a part of his final experiment to prove the existence of mental telepathy.
"I'll prove mental telepathy tonight so they'll have to believe it," Marsten said softly. "And think what that will mean. New fields of research will open the gates to human freedom and escape from man's sad mental limitations. It will bring official, legalized scientific research into the mind that will end the ills of mankind!" He leaned forward and gripped my wrist. His forehead was wet. His voice was hoarse. "It'll work tonight, Max!"
"And if it doesn't?" I asked.
He sat back, shook his head. "It will," he said. "I know because I've proven it to myself. But—but if it doesn't—" He shrugged. "I'm through. It will be the end of the road for me."
The way he said it, more than the words, frightened me. I knew how intense he was, how much his work meant to him. And when he spoke like that I knew I feared—that Marsten had become emotionally unbalanced.
"That's ridiculous," I said. "You can go ahead with your work, regardless. Some of the greatest scientific advances have been made against the popular grain. In fact, most scientific work! Remember Galileo, Newton...."
He shrugged. "Matter of temperament. I know my own limitations, my weaknesses. But I know this experiment tonight will work! Listen, Max I don't care about publicity. I've invited no reporters. I want only these scientists to know, that's all. They're the ones who have to be convinced. To give the field of parapsychology
respectability so that the vast resources and brains of science can be turned loose on it, that's all I want."
He looked at me intense, earnest. "Max," he whispered, "the rumors that are circulating about me—I've heard about them. They think I'm unbalanced mentally! You've heard that?"
I was embarrassed. I had heard. Everyone had. I said, "You're respected as an honest and scholarly man, a genius in the field of psychology. These men, if they speculate at all along that line, think you've deluded yourself by the 'will to believe' in your own experiments. Wishful thinking, some call it. I don't believe anyone thinks your capabilities in normal psychological work have diminished. If anything, they're probably stronger."
He managed a thin laugh. "Well," he said. "Tonight will prove something, anyway."
I remember the greetings when the other scientists arrived, the slightly embarrassed attempts at conviviality. Within half an hour all of the nine men arrived and were seated before Marsten's table. All his former co-professors at the University where Marsten no longer taught. I could see that Marsten was obsessed almost as much with proving that these men's lack of faith in him was wrong, as he was in proving his own theories right.
I felt apprehensive as Marsten started to talk. But as his selfconfidence, his obvious faith in himself began to show, I felt better. His enthusiasm and confidence was so contagious that it even affected the nine scientists so that they, too, became more interested than embarrassed.
"Gentlemen," Marsten was saying, "you know from my letters why you have been asked here. Needless to say, I am grateful beyond words that you came to be shown proof of what you've refused so far to believe—and with good cause. Tonight I shall demonstrate scientifically the existence of mental telepathy. I shall prove to all of you in an interrelated and undeniable way so that there will be no doubt concerning my facts. No doubt whatsoever."
No one else said anything. Feet shuffled and there was a cough or two. All of them knew what this would mean if Marsten could prove his theories; what it would mean to him if he failed.
Marsten went on. "If I show that youcan read mymind, that should prove my theories to your satisfaction. I shall do this without any hypnotic suggestion.
"I have not told anyone of the techniques which I've worked out over a period of years, not even Max Reinach here. This will be my first group demonstration of my theories. Until I was ready to give conclusive scientific proof I did not confide fully to anyone, even to Max, my closest associate."
He had told me a little, that is true. So little, in fact, that I knew not much more about his theories than the rest of the scientists gathered here tonight.
"... and so, gentlemen, I shall get the experiment over with as quickly as possible. There are two rooms, as you see, one at each end of the hall. I shall go into one room and lock the door. It is impossible for me to see or hear anything that goes on outside that room. Before the experiment starts I shall ask you to examine that room yourselves, in any way you like."
De Vaca and Dr. Morrison went into the room, examined it thoroughly. Then one of them stayed inside while the other came out, closed the door, tested for sound. Finally, Morrison said, "We agree—it is a sound-proof room. It is bare inside. There is no opening other than this door."
"Thank you," Marsten said. "Max, will you hand each of these gentlemen one of these cards and a pencil." I took the cards and pencils from his table and handed them out.
"Now," Marsten said, "one by one, you will go, in any sequence you desire, into that other room and lock the door. I will be locked in this room that you checked. A bell in the room you are in will ring. That will be the signal for you to leave the room and for someone else to go in.
"During the time each of you is in that room, please keep your minds open, receptive for a thought impression you will receive from me. That's all there is to the experiment. Excepting this—" he lifted a sealed envelope from the table. "This contains proof which will verify the success of this experiment. I leave it here. You will, as a committee, lock it in the safe upstairs in the business office. Take it from the safe only after the experiment is over."
So the experiment started. I sat over by the wall, watching their faces. I observed the way each man, in his own highly personalized way, got up and played his part in an experiment which he believed to be ridiculous.
I remember how each of them looked and acted as they, one by one, went into that room, locked the door, and came out later when the bell rang. I studied closely their faces as each came out. They went in embarrassed silence back to their chairs and sat down, each holding a card upon which they had written the thought supposedly received from Marsten.
I felt the terrific tension. The room seemed hot and stifling as Marsten came out of his room finally and went over to the table. His face was pale and moist. His hair was wet and stringy around his ears and over his forehead.
The ticking of the clock suddenly sounded louder and louder. The breathing of the nine men seated there got louder. I could hear my own heart going like a turbine in my chest. Now we waited for Marsten to speak.
He glanced at me, motioned to me. I got up and went over to the table. His eyes were dark and bright. "Collect the cards will you please, Max, and give them to me?"
I did that. I didn't want to give them to him. I had a crazy idea of running out of there with the cards. Then it would be my fault that Marsten had failed. I didn't believe in Marsten then. I wanted to. I'd worked with him, knew his greatness, his integrity and sincerity. I knew he might be emotionally unstable. I wanted to believe, but I
wasn't convinced at all. Man is ever credulous in the wrong place, at the wrong time, about the wrong things. We swallow the emotional screamings of demagogues, reject the quiet discoveries of great men who only do not know the techniques of salesmanship, of propaganda.
But I put the cards on the table beside Marsten. Then, as he picked them up I began to feel differently. I don't know why. Perhaps his bravery, his courage and tenacity, his faith in his own beliefs, overwhelmed me suddenly.
I was with him then. Somehow, all at once, I knew he was right. Suddenly I had all the old confidence and trust in his genius that I had had years before when I'd worked with him so closely.
The silence in the room then was paralyzing, a thick binding tension. The nine professors stood up as if sitting now was untenable. Professors of English literature, Biology, Astronomy, Music, Medicine, Psychiatry, History, Physical Education, Religion. They stood there waiting for Marsten to check their written thoughts on the cards.
Marsten spread them out like a hand of bridge and looked at them. His muscles jerked once, as from a galvanic reflex, like a man suddenly touched with a high-tension wire.
He cried out, as from deep and wracking mental pain. The sound hit into the room's silence like metal into flesh. He dropped the cards abruptly and they spilled over the table. He stared at the floor between the table and the nine men facing him.
His voice sounded far away, muffled. "Gentlemen, I've—failed. I've— failed—miserably!"
He swayed. I ran around the table and caught him to stop his falling. His muscles quivered under my hands.
He pushed me away. His eyes were hot and a little wild. Then he stood up straight, like an old soldier at bay.
"I'm sorry you have had your valuable time imposed upon so inexcusably. No need—no need now, I assure you, even to open the
sealed envelope. I missed—missed in every case except that of Professor Adler. My success with him I attribute entirely to chance." He took a step backward and whispered, "Goodnight, gentlemen. Goodnight and—goodbye."
I called out, but he went on out the door. I ran after him into the hall, but he had ducked out a side door. I followed him across the darkening campus. But his car roared away before I could reach him. I did not have a car so I could not follow.
I didn't talk to the others. I went home. And I began to phone, trying to locate Marsten. I called every few minutes and I called the police and everyone who knew him. The police said they would put out a dragnet if he didn't show up within the next twenty-four hours. I had explained he was in great distress, that I was afraid of what he might do.
I didn't sleep well that night. There was no word about Marsten's whereabouts in the morning. I began to think that perhaps suicide was the only way out for him now. I doubted that he would be able to face the failure of that experiment he had planned for so long, and on which he had staked all of what remained of his reputation.
I managed to get three of the nine scientists to be with me when I went to the office at the university and opened the safe and took out that sealed envelope next morning. De Vaca, a small nervous man with constant flighty gestures, Morrison, biology professor, a solemn, bald little man, and Billingsley who had a jaw like a prizefighter, and was big and gruff, but brilliant.
They, too, were worried about Marsten's disappearance, considering his state of mind. Now we all wanted to know what that envelope contained. Maybe its contents would assist us in helping Marsten—if we found him.
After examining the contents of the sealed envelope, we sat around the table and no one said anything for what seemed a long time. Finally De Vaca said, "He failed all right. But it was a wonderful plan, and certainly we could no longer deny the existence of mental telepathy had this idea worked out as he planned it."
Morrison said, "But we must find Marsten before he kills himself. He should be institutionalized, now, his mental unbalance treated...."
The others agreed. They began to discuss where to begin the search for Marsten.
I thought about what we had found in that sealed envelope. Marsten had had a great idea all right. Although the professors had selected their own order of going into the testing room, Professor Marsten had arbitrarily numbered each of them from 1 to 9. Using the subjects which they taught instead of their names, he expected to prove mental telepathy. In the envelope he had left this list:
1.Thackeray——ProfessorofEnglishLiterature
2.Evolution——ProfessorofBiology
3.Lungs——ProfessorofAnatomy
4.Elgar——ProfessorofMusic
5.Phenobarbital——ProfessorofMedicine
6.Adler——ProfessorofPsychology
7.Trotsky——ProfessorofRussianHistory
8.Hockey——ProfessorinPhysicalEducation
9.Yuletide——ProfessorinTheology
Each participant was to have received a specific word or name which was directly connected with his field of teaching. The first letter of each word, formed an acrostic reading down which spelled out:
The cards the professors had handed in were also there beside us on the table. I went through those cards again, slowly, while De Vaca
and Morrison and Billingsley debated as to the best way of locating Marsten.
I wanted to do more than just find Marsten. I wanted to be able to help him when he was found. The cards the professors had handed in listed what they thought they had received from Marsten via mental telepathy. This is what they had written:
1.Shakespeare——ProfessorofEnglishLiterature
2.Darwin——ProfessorofBiology
3.Kidney——ProfessorofAnatomy
4.Debussey——ProfessorofMusic
5.Opiate——ProfessorofMedicine
6.Adler——ProfessorofPsychology
7.Stalin——ProfessorinRussianHistory
8.Golf——ProfessorinPhysicalEducation
9.Xmas——ProfessorinTheosophy.
Each professor had written something similar in meaning to what Marsten had tried, through mental telepathy, to put into their minds. Except in the case of the Professor of Psychology. And in that one case there was a direct hit, as Marsten had said.
Oddly enough, Marian Adler had the same surname as the great psychoanalyst, Alfred Adler, whom Marsten had chosen for one of his projected thoughts. To me, the results did not seem the complete failure Marsten thought them. But of course Marsten had wanted to hit it one hundred percent. Nothing less would have satisfied a scientific mind like his in such an experiment.
The acrostic: S-D-K-D-O-A-S-G-X formed by the words apparently received by the Professors in that locked room was merely a jumble of letters, spelling out nothing of any meaning.
Finally, we parted to go our separate ways. I took the envelope and cards and went home. The others, with cars, would search for Marsten. I'd forgotten my work, my thesis, everything. I wanted to
figure out something, but I didn't even know what it was. I had a most unscientific idea—a hunch!
All day I thought and sweated over that envelope's contents, the cards, the two acrostics:
T-E-L-E-P-A-T-H-Y and
S-D-K-D-O-A-S-G-X
I worked all that day and through the night, but I could make no connection between the two acrostics.
Meanwhile, the search continued for Marsten, but there was no sign of him or his car. I sweated it out, trying to convince myself that he wasn't already dead, that when he was found I, meanwhile, would have found something in the remains of that experiment to give him new zest, new hope.
But I didn't know the technique he had used. I kept thinking of that one successful hit in the case of Doctor Adler. Here, I thought desperately, might be the clue to his technique.... I stayed up and worked at it another day, and into another night. If I could only prove that the experiment hadn't failed completely, then that information could be broadcast, televised, and maybe Marsten would see or hear, if he still lived, and then would want to keep on living.
It was odd how positive I was that there was something there that would prove Marsten right. Maybe we're all aware of much more than we think we are—and could have greater awareness if we could only raise a few mental curtains....
I pounded my brains out on that Adler angle. She was the only woman in the group. Maybe that had meaning. I went through some of Marsten's notes, but there weren't enough of them, and they weren't the basic ones. I skimmed through books on Extra Sensory Perception. But I didn't get anywhere....
And then the phone rang and I answered it. It was Police Lieutenant Walters, at the local precinct station. He had promised to let me
know at once if they found any trace of Marsten.
"We found him," Walters said tersely. "He's on a ledge outside a window of the Loeb Building at Fifth and Pinehurst!"
I said, "My God!" Then, "Will you pick me up?"
He said, "Yes. Maybe you can talk him out of it. You were close to him. We've sent the emergency squads over. Never know when they'll jump when they're like that. One move at the wrong time and that makes them jump. I'll be there in five minutes...."
I felt sick with panic and hopelessness. Then, in that moment, out of nowhere, came the flash—the key—it shone there before me all at once, the answer I'd been looking for! I knew it had been there all along and my mind had gone around it time and again. And suddenly it was there, conscious and clear.
I arranged it all in my mind as we rode over to Fifth and Pinehurst, the police lieutenant intent on driving speedily through the heavy traffic.
If I could get to Marsten in time, I could save him! I'd had the explanation all along—I'd read it in a scientific journal, in reports I'd skimmed through on ESP. Marsten would understand—if I could get to him in time! He hadn't been wrong. And I could give him proof....
A big crowd was gathered in the early dawn, standing silently in the street, staring upward at the small figure on the ledge. The wind was cold and steady and in the early morning greyness I saw Marsten, thirty stories up, hunched against the side of the building. He wasn't a man to exhibit himself for melodramatic recognition. Therefore, I knew he must be very far out of his normal mind.
I am sure he went up there to jump immediately. But he had been there an hour, now. Perhaps, I thought, he was trying to figure, in a last desperate moment, where his experiment had failed. Trying to find in the mysterious, senseless chaos of embryonic human thought, a reason why he should not die....
The police got me through the crowd, inside the building and into an elevator. I ran down the hall of the thirtieth floor to the room where policemen were working with ropes and steel hooks. I heard one of them say, "We can't reach him. It's no use."
I stuck my head out the window, called Marsten's name. But the wind tore the words away, sent them in the opposite direction. He didn't turn his head. I could barely make out his features, dead white and void of expression.
"Don't jump, for God's sake!" I called over and over. "Professor, you were right! The experiment was a success! Listen to me! It was a success!"
I could see the uplifted faces down below, a blanket, a net they had stretched down there, both looking no bigger than a checker square. Marsten didn't seem to hear me, but I kept yelling, trying to make him hear. I fought the wind, and whatever barrier there was between Marsten and myself. But he didn't turn, didn't seem to hear me, seemed unaware of me, of anything that went on around him.
I shouted the explanation to him of what I'd suddenly realized:
In these ESP tests the receiving impressions are the symbols on the various cards in a deck. Basically, the tests in ESP experiments all come down to one thing—the participants try, without seeing the cards, to identify the symbols on each card in a deck as they draw them from the pack.
In reviewing the results of these tests, it often happens that participants, extra-ordinarily gifted with what is called 'psychic ability,' have long runs of picking exact cards. But these runs are sometimes on the cards—before theone thatisbeingturned,or on theoneaftertheoneturned.
In other words, if cards A-B-C-D-E-F-G have been turned, many times the participant will call B when C is turned, C when D is turned, E when F is turned, and so forth. There are various theories for the cause of this factor. It is a factor that comes up time and
again. Marsten knew that. But in that intense moment he must have overlooked it. It hadn't occurred to any of the others there, either. We were all too close to the forest to see the trees....
And I screamed at the Professor against the wind and the morning: S-D-K-D-O-A-S-G-X form an acrostic, and they are all one letter in the alphabet before the letters that spell out T-E-L-E-P-A-T-H-Y!
Except in the letter A, for Adler. There could not be a letter before A in the alphabet. So, there was no displacement factor on Adler's card.
"Marsten, listen to me! Can you hear? Can't you understand? The displacementfactor,Marsten! The DisplacementFactor—"
He never saw me, never heard me of that I am certain. Everything seemed too late for Marsten. I saw him lean forward, drop off the ledge. My words followed him crazily down as he fell: "The displacementfactor—"
Maybe before he struck the concrete down there he realized that he had been right, that the experiment had not failed. I hope so. But I think, in view of his tragic death, that Professor Marsten deserves this explanation, this proof that his work was not in vain. And because of what his hypothesis may mean to scientists of the future. It isn't conclusive enough for the strictly disciplined scientific method. But though others may think his experiment inconclusive, I know that Professor Marsten proved the existence of Mental Telepathy.
So I'm going to take up where Marsten ended his experiment and his life—and I'm going to do it even though it may mean the end of my career in orthodox science.
And maybe if I keep working at it, and thinking about it long enough and steadily enough, Marsten will receive my thought. Then, wherever he is now, if he doesn't already know, maybe I'll be able to tell him that he didn't fail....
*** END OF THE PROJECT GUTENBERG EBOOK TOO CLOSE TO THE FOREST ***
Updated editions will replace the previous one—the old editions will be renamed.
Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution.
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license.
Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works
1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed:
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.
1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.
1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™.
1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1
with active links or immediate access to the full terms of the Project Gutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that:
• You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive Foundation.”
• You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.
• You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.
• You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH
1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.
Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will
