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eTextbook 978-0134145594 Criminal

Justice Today: An Introductory Text for


the 21st Century
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ContentS vii

Early Biological Theories 79


Franz Joseph Gall: Phrenology 79
Cesare Lombroso: Atavism 80
Criminal Families 81
William Sheldon: Somatotypes 81
Social Policy and Early Biological Theories 82
Biosocial Theories 82
The Gender Ratio Problem 82
Chromosome Theory 83
Biochemical Factors and Imbalances 84
Heredity and Heritability 85
Social Policy and Biological Theories 85
Psychological Theories 85
Behavioral Conditioning 86
Freudian Psychoanalysis 86
Psychopathology and Crime 86
The Psychotic Offender 87
Trait Theory 88
Psychological Profiling 88
Social Policy and Psychological Theories 89
Sociological Theories 89
Social Ecology Theory 90
Anomie Theory 91
■ cJ | news Evidence of “Warrior Gene” May Help Explain Violence 91
Subcultural Theory 91
Social Policy and Sociological Theories 92
Social Process Theories 92
Differential Association Theory 92
■ cJ | issUes The Physical Environment and Crime 93
Restraint Theories 94
Labeling Theory 95
Social Development and the Life Course 96
Conflict Theories 99
Radical Criminology 99
Peacemaking Criminology 100
Social Policy and Conflict Theories 100
Emergent Perspectives 101
Feminist Criminology 101
Postmodern Criminology 102
Summary 103
Key Terms 103
viii ContentS

Key cases 104


Questions for Review 104
Questions for Reflection 104
Notes 104

Chapter 4 | Criminal Law 108


Introduction 109
The Nature and Purpose of Law 109
The Rule of Law 110
Types of Law 110
■ cJ | news Politicians Who Violate the “Rule of Law” Get Tough Prison Sentences 111
Criminal Law 112
Statutory Law 112
Civil Law 113
Administrative Law 113
Case Law 113
General Categories of Crime 113
Felonies 114
Misdemeanors 114
Offenses 114
Treason 114
Freedom or saFety? yoU decide Should Violent Speech Be Free Speech? 115
Espionage 116
Inchoate Offenses 116
General Features of Crime 116
The Criminal Act (Actus Reus) 116
A Guilty Mind (Mens Rea) 118
Concurrence 119
Other Features of Crime 119
Elements of a Specific Criminal Offense 120
The Example of Murder 121
The Corpus Delicti of a Crime 121
Types of Defenses to a Criminal Charge 123
Alibi 123
Justifications 124
Excuses 126
Procedural Defenses 132
Summary 134
Key Terms 134
Key Cases 134
Questions for Review 135
ContentS ix

Questions for Reflection 135


Notes 135

PART TwO ■ Policing 137


Chapter 5 | Policing: History and Structure 138
Introduction 139
Historical Development of the Police 139
English Roots 139
The Early American Experience 141
The Last Half of the Twentieth Century 143
Evidence-Based Policing 144
American Policing Today: From the Federal to the Local Level 147
Federal Agencies 148
The Federal Bureau of Investigation 148
■ cJ | news The FBI’s Next Generation Identification System 150
State-Level Agencies 151
Local Agencies 152
■ cJ | news LAPD Adds Officers and Crime Falls—But Is There a Connection? 152
Private Protective Services 154
paying For it Cost-Efficient Policing 155
Integrating Public and Private Security 157
■ cJ | careers 158
Summary 160
Key Terms 161
Questions for Review 161
Questions for Reflection 161
Notes 161

Chapter 6 | Policing: Purpose and Organization 163


Introduction 164
The Police Mission 164
Enforcing the Law 164
Apprehending Offenders 165
Preventing Crime 165
Predicting Crime 166
Preserving the Peace 166
Providing Services 167
Operational Strategies 167
Preventive Patrol 168
x ContentS

Routine Incident Response 168


Emergency Response 168
Criminal Investigation 169
Problem Solving 171
Support Services 171
Managing Police Departments 171
Police Organization and Structure 171
paying For it Policing in an Economic Downturn 172
Chain of Command 173
Policing Styles 173
The Watchman Style of Policing 175
The Legalistic Style of Policing 175
The Service Style of Policing 175
Police–Community Relations 175
Freedom or saFety? yoU decide Watch Out: You’re on Camera! 177
Terrorism’s Impact on Policing 181
■ cJ | issUes The Use of Social Media in Policing 181
Intelligence-Led Policing and Antiterrorism 184
Information Sharing and Antiterrorism 185
Fusion Centers 186
The National Criminal Intelligence Sharing Plan 187
■ cJ | news Fusion Centers: Unifying Intelligence to Protect Americans 187
■ cJ | careers Police Officer 188
Ethnic and Gender Diversity in Policing 188
Women as Effective Police Officers 189
Summary 190
Key Terms 190
Questions for Review 190
Questions for Reflection 191
Notes 191

Chapter 7 | Policing: Legal Aspects 195


Introduction 196
The Abuse of Police Power 197
A Changing Legal Climate 198
Individual Rights 198
Due Process Requirements 199
Search and Seizure 199
The Exclusionary Rule 200
The Warren Court (1953–1969) 201
ContentS xi

Freedom or saFety? yoU decide Liberty Is a Double-Edged Sword 202


The Burger Court (1969–1986) and the Rehnquist Court (1986–2005) 203
■ cJ | issUes Plain-View Requirements 207
Arrest 209
Searches Incident to Arrest 210
Emergency Searches of Persons 213
Vehicle Searches 213
■ cJ | news Supreme Court Says Police Need Warrants Before Searching Cell Phones 214
■ cJ | careers Patrol Officer 217
Suspicionless Searches 217
High-Technology Searches 218
The Intelligence Function 219
Informants 219
Police Interrogation 220
The Right to a Lawyer at Interrogation 222
Suspect Rights: The Miranda Decision 223
■ cJ | issUes The Miranda Warnings 224
Gathering Special Kinds of Nontestimonial Evidence 228
Electronic Eavesdropping 229
■ cJ | news Supreme Court Says Police Need Warrant for GPS Tracking 230
■ cJ | issUes The USA PATRIOT Act of 2001 and the USA PATRIOT Improvement and Reauthorization Act of 2005 232
Summary 234
Key Terms 235
Key Cases 235
Questions for Review 235
Questions for Reflection 235
Notes 235

Chapter 8 | Policing: Issues and Challenges 239


Introduction 240
Police Personality and Culture 240
■ cJ | issUes Rightful Policing 242
Corruption and Integrity 243
Money—The Root of Police Evil? 245
Building Police Integrity 246
Drug Testing of Police Employees 247
Professionalism and Ethics 248
Education and Training 250
Recruitment and Selection 251
The Dangers of Police Work 252
Violence in the Line of Duty 253
xii ContentS

Risk of Disease and Infected Evidence 253


Stress and Fatigue among Police Officers 254
Freedom or saFety? yoU decide Religion and Public Safety 256
Police Use of Force 257
Deadly Force 259
Less-Lethal Weapons 261
Discretion and the Individual Officer 261
■ cJ | news Is the Video Recording of Police Activity in a Public Place Legal? 262
Racial Profiling and Biased Policing 262
Racially Biased Policing 265
Freedom or saFety? yoU decide Was the NYPD’s Monitoring of Muslim Groups a Form of Religious Profiling? 266
Police Civil Liability 266
Common Sources of Civil Suits 267
■ cJ | issUes Investigating Crime in a Multicultural Setting 268
Freedom or saFety? yoU decide Law Enforcement and Data Encryption 269
Federal Lawsuits 270
Summary 272
Key Terms 273
Key Cases 273
Questions for Review 273
Questions for Reflection 273
Notes 273

PART ThREE ■ Adjudication 277


Chapter 9 | The Courts: Structure and Participants 278
Introduction 279
History and Structure of the American Court System 279
The State Court System 281
The Development of State Courts 281
State Court Systems Today 282
The Federal Court System 285
■ cJ | news America’s Judiciary: Courting Disaster 286
U.S. District Courts 286
U.S. Courts of Appeals 287
The U.S. Supreme Court 288
The Courtroom Work Group 290
Professional Courtroom Participants 290
paying For it Cost-Efficient Courts 291
The Judge 292
The Prosecuting Attorney 294
ContentS xiii

■ cJ | careers Assistant District Attorney 295


The Defense Counsel 297
■ cJ | issUes Gideon v. Wainwright and Indigent Defense 301
The Bailiff 302
Trial Court Administrators 303
The Court Reporter 303
The Clerk of Court 304
Expert Witnesses 304
■ cJ | news DNA Sampling Solves Some of the Toughest Cases 305
Outsiders: Nonprofessional Courtroom Participants 306
Lay Witnesses 306
Jurors 307
The Victim 308
The Defendant 308
Spectators and the Press 309
Summary 310
Key Terms 310
Key Cases 310
Questions for Review 310
Questions for Reflection 311
Notes 311

Chapter 10 | Pretrial Activities and The Criminal Trial 314


Introduction 315
Pretrial Activities 315
The First Appearance 315
■ cJ | careers Surety Agent 318
The Grand Jury 320
The Preliminary Hearing 321
Arraignment and the Plea 322
Plea Bargaining 322
■ cJ | issUes Nonjudicial Pretrial Release Decisions 323
paying For it Cost-Efficient Courts 325
The Criminal Trial 324
Nature and Purpose of the Criminal Trial 324
Stages in a Criminal Trial 326
Trial Initiation: The Speedy Trial Act 326
Jury Selection 328
Opening Statements 330
The Presentation of Evidence 331
■ cJ | issUes Pretrial and Post-Trial Motions 333
xiv ContentS

Closing Arguments 335


The Judge’s Charge to the Jury 336
Jury Deliberations and the Verdict 336
■ cJ | news Social Media Pose New Threats to Keeping Jurors Isolated during Trials 337
Improving the Adjudication Process 338
■ cJ | issUes Courtrooms of the Future 339
■ cJ | issUes The Bilingual Courtroom 340
Summary 341
Key Terms 341
Key Cases 341
Questions for Review 341
Questions for Reflection 341
Notes 342

Chapter 11 | Sentencing 344


Introduction 345
The Philosophy and Goals of Criminal Sentencing 345
Retribution 346
Incapacitation 346
Deterrence 347
Rehabilitation 347
Restoration 347
Indeterminate Sentencing 349
Critiques of Indeterminate Sentencing 349
Structured Sentencing 350
Federal Sentencing Guidelines 351
■ cJ | issUes Aggravating and Mitigating Circumstances 352
The Legal Environment of Structured Sentencing 354
Three-Strikes Laws 355
Mandatory Sentencing 356
Sentencing and Today’s Prison Crisis 358
■ cJ | careers Medicolegal Death Investigator 359
Innovations in Sentencing 360
Questions about Alternative Sanctions 360
The Presentence Investigation 361
The Victim—Forgotten No Longer 362
■ cJ | issUes Victims’ Rights in California 364
Victim-Impact Statements 364
Modern Sentencing Options 365
Fines 366
ContentS xv

paying For it Cost-Efficient Corrections and Sentencing 368


Death: The Ultimate Sanction 368
Habeas Corpus Review 370
Opposition to Capital Punishment 371
Freedom or saFety? yoU decide What Are the Limits of Genetic Privacy? 373
■ cJ | news High Costs Lead to Reconsideration of Death Penalty 378
Justifications for Capital Punishment 379
The Courts and the Death Penalty 379
■ cJ | news Death-Row Exonerations Based on DNA Expose Flaws in Legal System 382
The Future of the Death Penalty 383
Summary 383
Key Terms 384
Key Cases 384
Questions for Review 384
Questions for Reflection 384
Notes 385

PART FOuR ■ Corrections 389


Chapter 12 | Probation, Parole, and Intermediate Sanctions 390
Introduction 391
What Is Probation? 391
The Extent of Probation 392
Probation Conditions 392
Federal Probation 393
Freedom or saFety? yoU decide Special Conditions of Probation 393
What Is Parole? 394
The Extent of Parole 395
Parole Conditions 395
■ cJ | issUes Culturally Skilled Probation Officers 396
Federal Parole 396
Probation and Parole: The Pluses and Minuses 397
Advantages of Probation and Parole 397
Disadvantages of Probation and Parole 398
The Legal Environment 398
paying For it Cost-Efficient Parole 400
The Job of Probation and Parole Officers 400
The Challenges of the Job 401
Intermediate Sanctions 402
■ cJ | careers Probation Officer 403
Split Sentencing 404
xvi ContentS

Shock Probation and Shock Parole 404


Shock Incarceration 404
Mixed Sentencing and Community Service 405
Intensive Probation Supervision 406
Home Confinement and Remote Location Monitoring 407
■ cJ | news How GPS Technology Keeps Track of Sex Offenders 408
The Future of Probation and Parole 409
Changes in Reentry Policies 410
■ cJ | issUes Remote Reporting Probation 413
The Reinvention of Probation and Evidence-Based Practices 414
Summary 415
Key Terms 416
Key Cases 416
Questions For Review 416
Questions For Reflection 416
Notes 416

Chapter 13 | Prisons and Jails 419


Introduction 420
Early Punishments 420
Flogging 421
Mutilation 421
Branding 421
Public Humiliation 421
Workhouses 421
Exile 422
The Emergence of Prisons 422
The Penitentiary Era (1790–1825) 423
The Mass Prison Era (1825–1876) 423
The Reformatory Era (1876–1890) 425
■ cJ | issUes Chaplain James Finley’s Letter from the Ohio Penitentiary, 1850 426
■ cJ | issUes An Early Texas Prison 427
The Industrial Era (1890–1935) 427
The Punitive Era (1935–1945) 430
The Treatment Era (1945–1967) 430
The Community-Based Era (1967–1980) 431
The Warehousing Era (1980–1995) 432
The Just Deserts Era (1995–2012) 434
The Evidence-Based Era (2012–Present) 435
■ cJ | issUes Evidence-Based Corrections 436
Prisons Today 436
ContentS xvii

■ cJ | news California’s Governor Wants Federal Oversight of Prisons to End 437


■ cJ | issUes California’s Public Safety Realignment (PSR) Program 438
paying For it California’s Public Safety Realignment 441
Overcrowding 441
Security Levels 444
Prison Classification Systems 445
The Federal Prison System 445
Recent Improvements 448
Jails 450
Women and Jail 451
The Growth of Jails 452
Freedom or saFety? yoU decide To What Degree Should the Personal Values of Workers in the Criminal Justice
System Influence Job Performance? 453
New-Generation Jails 453
Jails and the Future 454
Private Prisons 455
■ cJ | issUes Arguments for and against the Privatization of Prisons 457
Summary 458
Key Terms 459
Key Names 459
Questions for Review 459
Questions for Reflection 459
Notes 459

Chapter 14 | Prison Life 463


Introduction 464
Research on Prison Life—Total Institutions 464
The Male Inmate’s World 465
The Evolution of Prison Subcultures 466
The Functions of Prison Subcultures 467
Prison Lifestyles and Inmate Types 467
■ cJ | issUes Prison Argot: The Language of Confinement 468
Homosexuality and Sexual Victimization in Prison 469
The Female Inmate’s World 471
Parents in Prison 471
Gender Responsiveness 473
Institutions for Women 474
Social Structure in Women’s Prisons 474
■ cJ | issUes The Bangkok Rules on the Treatment of Female Prisoners 475
Types of Female Inmates 476
Violence in Women’s Prisons 477
xviii ContentS

The Staff World 477


The Professionalization of Corrections Officers 478
Security Threat Groups and Prison Riots 478
Prisoners’ Rights 481
paying For it The Cost-Benefit Knowledge Bank for Criminal Justice 483
The Legal Basis of Prisoners’ Rights 484
Grievance Procedures 488
A Return to the Hands-Off Doctrine? 489
Freedom or saFety? yoU decide Should Prison Libraries Limit Access to Potentially Inflammatory Literature? 490
Issues Facing Prisons Today 492
AIDS 492
Geriatric Offenders 493
Inmates with Mental Illness and Intellectual Disabilities 494
Terrorism and Corrections 495
■ cJ | issUes Technocorrections 496
■ cJ | news Radical Islam, Terrorism, and U.S. Prisons 497
Freedom or saFety? yoU decide Censoring Prison Communications 498
Summary 499
Key Terms 499
Key Cases 499
Questions for Review 499
Questions for Reflection 500
Notes 500

PART FIvE ■ Special Issues 503


Chapter 15 | Juvenile Justice 504
Introduction 505
Juvenile Justice Throughout History 506
Earliest Times 506
The Juvenile Court Era 507
Categories of Children in the Juvenile Justice System 508
■ cJ | news Schools Are Taking Bullying Seriously 509
The Legal Environment 510
Legislation Concerning Juveniles and Justice 511
The Legal Rights of Juveniles 512
The Juvenile Justice Process Today 513
■ cJ | issUes The Juvenile Justice System versus Criminal Case Processing 513
Adult and Juvenile Justice Compared 514
How the System Works 515
Intake and Detention Hearings 515
ContentS xix

■ cJ | issUes Juvenile Courts versus Adult Courts 520


■ cJ | news Delinquent Girls 521
■ cJ | career proFile Juvenile Justice Professional 522
The Post–Juvenile Court Era 523
■ cJ | issUes Evidence-Based Juvenile Justice 526
Summary 526
Key Terms 527
Key Cases 527
Questions for Review 527
Questions for Reflection 527
Notes 528

Chapter 16 | Drugs and Crime 530


Introduction 531
Drug Abuse: More Than an Individual Choice 531
Drug Crime 532
What Is a Drug? 533
Alcohol Abuse 534
A History of Drug Abuse in America 534
Drug Use and Social Awareness 536
Antidrug Legislation 537
The Investigation of Drug Abuse and Manufacturing 541
The Most Common Drugs—And Who Is Using Them 542
Drug Trafficking 543
■ cJ | issUes Drugs: What’s in a Name? 543
Marijuana 544
Cocaine 544
Heroin 545
Methamphetamine 546
Club Drugs 547
■ cJ | news “Bath Salts” Drugs: Very Potent, Hard to Target 547
The Costs of Abuse 549
The Indirect Costs of Abuse 549
Drug-Related Crime 550
Solving the Drug Problem 551
Strict Law Enforcement 553
Asset Forfeiture 553
Interdiction 555
Crop Control 556
Prevention and Treatment 556
xx ContentS

Summary 560
Key Terms 561
Key Cases 561
Questions For Review 561
Questions For Reflection 561
Notes 562

Chapter 17 | Terrorism, Multinational Criminal Justice, and Global Issues 566


Introduction 567
Ethnocentrism and the Study of Criminal Justice 567
Problems with Data 568
Islamic Criminal Justice 569
The Hudud Crimes 570
The Tazir Crimes 572
Islamic Courts 572
International Criminal Justice Organizations 573
The Role of the United Nations in Criminal Justice 573
Interpol and Europol 574
The International Criminal Court 576
Globalization and Crime 577
Transnational Organized Crime 578
Human Smuggling and Trafficking 579
Terrorism 581
■ cJ | issUes Lone Wolf Terrorism and the Radicalization Process 582
Types of Terrorism 582
■ cJ | issUes What Is Terrorist Activity? 584
Causes of Terrorism 587
Combating Terrorism 587
■ cJ | issUes The USA PATRIOT Act of 2001 (as Amended and Reauthorized) 590
Foreign Terrorist Organizations 592
The Future of International Terrorism 596
Summary 596
Key Terms 597
Questions for Review 597
Questions for Reflection 597
Notes 597

Chapter 18 | High-Technology Crimes 601


Introduction 602
Technology and Crime 602
Biocrime 603
Cybercrime 604
ContentS xxi

Terrorism and Technology 608


Technology and Crime Control 609
Leading Technological Organizations in Criminal Justice 610
Criminalistics: Past, Present, and Future 611
New Technologies in Criminalistics 613
■ cJ | news Kim Dotcom of Megaupload Arrested for Online Piracy 614
On the Horizon 619
The Future of Criminal Justice 622
Summary 623
Key Terms 624
Key Cases 624
Questions for Review 624
Questions for Reflection 624
Notes 624

List of Acronyms 628


Glossary 631
Case Index 655
Name Index 659
Subject Index 667
New to This Edition
Chapter-Specific Changes A new “Freedom v. Safety” box now describes the FBI’s
concern with encryption technology, and asks if citizens
Chapter 1: What Is Criminal Justice? can have too much privacy.
The chapter opening story now describes the 2015 jus- The discussion of cybercrime has been enhanced.
tice system crisis that arose following refusals by grand The URL for the federal government’s Elder Justice
jurors in Missouri and New York to indict police officers website is now provided.
in the death of two black suspects in separate incidents. The information on hate crimes has been updated.
“Milestones in crime history” now recognize the present- A new study on gun control laws and their effectiveness
day impact of computer and high-technology crimes at preventing gun crime is discussed.
The late-2014 assassination of two New York City police The potential for new 3-D printers to be used in the
officers as they sat in their marked patrol car on a fabrication of handguns is now discussed, and a photo of
Brooklyn Street is now discussed. such a weapon is provided.
The 2014 trial of Oscar Pistorius, the South African
Paralympic athlete known as the “Blade Runner”, who Chapter 3: The Search for Causes
was convicted of the shooting death of his model girl-
A new chapter opening photo indicates the importance
friend, Reeva Steenkamp is now discussed.
of new technologies to law enforcement agencies.
Mention is made of Justin Bieber’s Miami Beach, Florida
The arrest of rap music mogul, “Surge” Knight on mur-
arrest in 2014, where he was charged with speeding in a
der charges now opens the chapter.
yellow Lamborghini, for driving with an expired license,
New line art depicts the number of persons convicted of
and for driving under the influence of alcohol, mari-
homicide, by gender and region of the world.
juana, and prescription drugs.
Statistics and crime data throughout the chapter have
A new key term, “procedural fairness,” has been added to
been updated.
the chapter.
The 2015 “work stoppage” by NYPD officers is described.
Chapter 4: Criminal Law
A new chapter opening photo has been added.
Chapter 2: The Crime Picture
The CJ News box detailing the rule of law has been up-
The chapter opening story now illustrates the grow- dated, including the photos it contains.
ing significance of cybercrimes with a tale about how A discussion of former New Orleans mayor, Ray Nagin,
a county sheriff ’s office was made to pay a fee via ran- has been added. Nagin was convicted of 20 counts of
someware to regain access to their important files. The bribery, conspiracy, and money laundering—crimes that
discussion of cybercrimes has been enhanced, recogniz- he committed while serving as mayor.
ing them as contributing to a higher rate of crime than is The offenses of treason and espionage have been bet-
commonly acknowledged. ter separated in the text, and a new story describing the
Updated crime statistics are found throughout the chapter. crime of espionage has been added.
A new and detailed box on marijuana legalization and A story and photo of Saiqa Akhter, the Texas woman
decriminalization is included, along with a map of mari- who was found not guilty by reason of insanity in 2014
juana legalization initiatives. after admitting to the murder of her two young children
A new definition of “rape” is provided, reflecting a change by strangulation, has been added.
by the FBI in it’s Uniform Crime Reporting terminology.
A new example of the crime of larceny is provided. Chapter 5: Policing:
The CJ Issues box dealing with race and the justice sys-
tem has been modified and updated to include recent
History and Structure
incidents in Ferguson, Missouri, and elsewhere. Added photo and brief discussion of the Center for
New photos are used to illustrate racial tensions affecting Evidence-Based Crime Policy (CEBCP) at Virginia’s
the justice system. George Mason University.

xxii
new to thiS eDition xxiii

Replaced photo of the International Law Enforcement A new CJ News box has been added that discusses the
Academy in Budapest, Hungary. The new photo shows 2014 case of Riley v. California, in which the U.S. Supreme
the author visiting the academy. Court ruled that under most circumstances police offi-
Added a new CJ News box discussing the Federal Bureau cers are required to obtain a warrant before accessing and
of Investigation’s Next Generation Identification (NGI) searching the data stored on a suspect’s cell phone.
System. The System was developed to expand the Additional information on the legal issues surrounding
Bureau’s biometric identification capabilities, ultimately the use of GPS tracking by the police is now included in
replacing the FBI’s Integrated Automated Fingerprint the chapter.
Identification System (IAFIS).
Three new key terms and their definitions have been Chapter 8: Policing: Issues and
added to this chapter: hot-spot policing, predictive polic- Challenges
ing, and smart policing.
The material on police discretion has been moved here
A new CJ Careers box focusing on private security has
from Chapter 6.
been added to the chapter.
A discussion of the dangers of police work has been
moved here from Chapter 6.
Chapter 6: Policing: Purpose and The discussion of police professionalism has been moved
Organization to this chapter.
The discussion of police officer discretion has been removed A new key term, police subculture, has been added to the
from this chapter and has been moved to a later chapter. chapter and a definition is provided.
The discussion of police officer professionalism and ethics The corruption and integrity section now includes a
has been removed from this chapter and has been moved story about Puerto Rican police officers who ran a crim-
to a later chapter. inal organization out of their department’s offices.
A graphic detailing policing purposes has been added. Recent initiatives by the COPS office are now discussed.
The 2014 death of 18-year-old Michael Brown, who was Some new photographs have been added, while others
shot and killed by a Ferguson, Missouri, police officer have been updated.
is now the chapter opening story. The shooting sparked The need for first responders to protect themselves against
days of racially-charged protests and revealed a deep dis- diseases such as Ebola is now discussed.
trust of the police by minorities. The diagram depicting stress and fatigue among police
The discussion of the police use of recording devices, es- officers has been enhanced.
pecially body cameras, has been enhanced. The Freedom or Safety? box on religion and public safety
Issues box has been added focusing on the use of social has been updated.
media in policing. The graphic depicting the police use of force continuum
has been updated, along with the discussion of such force.
Chapter 7: Policing: Legal Aspects The discussion of racial profiling has been expanded.
Discussion has been added of one of the earliest lawsuits
The chapter opening story has been updated. (Thurman v. City of Torrington) brought against a city
The chapter now includes discussion of the 2014 U.S. police department for ignoring domestic abuse restrain-
Supreme Court case of Prado Navarette v. California, in ing orders.
which the court held that an anonymous and uncorrobo-
rated tip can provide a sufficient basis for a police officer’s Chapter 9: The Courts: Structure
reasonable suspicion to make an investigative stop.
The 2014 U.S. Supreme Court case of Feernandez v.
and Participants
California is now discussed. In that case, the court ruled A new chapter opening story highlights the importance
that where multiple occupants are involved, the search of of courts as a central component of the American system
a dwelling is permissible without a warrant if one person of justice.
living there consents after officers have removed another A new graphic depicts that structure of state courts in
resident who objects. two contrasting jurisdictions.
xxiv new to thiS eDition

Two new key terms have been added to the chapter: courts Convicted child-killer Kevin Ray Underwood is now
of general jurisdiction, and courts of limited jurisdiction. discussed and a photo of him has been added.
The CJ News box on America’s judiciary has been up- Discussion of the 2014 U.S. Supreme Court case of Hall v.
dated and expanded. Florida has been added. In that case, the Court ruled that
The information on judges’ pay has been updated. states cannot rely solely on an IQ score to bar an inmate
The information on public defenders has been updated, from claiming mental disability n the face of execution.
and a revised graphic now shows state government indi-
gent defense expenditures. Chapter 12: Probation, Parole, and
A new CJ News box on DNA sampling has been added
Intermediate Sanctions
to the chapter.
An update is provided on the use of camera in the cham- All data in the chapter have been completely updated.
bers of the U.S. Supreme Court. A new Paying for It box describing cost-efficient parole
has been added.
Chapter 10: Pretrial Activities The discussion of the use of GPS technology in parole
and the Criminal Trial supervision has been expanded.
A new key term (desistance) and its definition have been
A new CJ Careers box has been added to the chapter, added to the chapter.
featuring a bail bond agent.
The discussion of the grand jury system, used in some Chapter 13: Prisons and Jails
states, has been updated and expanded.
The case of Oscar Pistorius, the South African Paralympic A 2014 federal court ruling ordering California parole of-
athlete, who was convicted in 2014 of the shooting death ficials to implement a plan to free all nonviolent second-
of his girlfriend is featured, and a photo of Pistorius is strike offenders (except sex offenders) on parole after
included. serving half of their sentences, is described.
The CJ News box on the use of social media by jurors All data, statistics, and graphics detailing the prison pop-
has been modified and expanded. ulation in various states, and in federal government facili-
ties, have been updated.
Chapter 11: Sentencing The discussion of the evidence-based movement in cor-
rections has been enlarged.
The discussion of how “get-tough on crime” legislation The chapter’s discussion of the purpose of imprisonment
has led to heightened prison populations has been clarified. has been clarified.
Two new key terms have been added to the chapter: A number of the photographs have been replaced in order
recidivism and recidivism rate. to keep abreast of changes now afoot in corrections.
Recent changes in California’s three-strikes law are high- A discussion of California’s Proposition 47 has been
lighted and discussed. added. The ballot measure changed many felonies to
Discussion of the proposed federal Smarter Sentencing misdemeanors and is anticipated to lead to a decrease in
Act has been updated. correctional populations in the state.
A new top-level heading, “Sentencing and Today’s Prison A new graphic showing the impact of realignment on
Crisis,” has been added to the chapter. That discussion prison populations in the state of California has been added.
includes a new figure comparing historical rates of im- A new figure, explaining federal Bureau of Prisons insti-
prisonment with crime rates. tutional security levels and terminology has been added.
A new CJ Careers box has been added featuring a medi- The CJ Issues box containing arguments for and against
colegal death investigator. the privatization of prisons has been substantially updated.
A new piece of line art depicting the four traditional
sentencing options available to criminal court judges has
been added.
Chapter 14: Prison Life
Statistics and data have been updated throughout the Data on both male and female prisoners have been
chapter. updated.
new to thiS eDition xxv

A new CJ Issues box describing the (United Nations) Asset forfeiture is now discussed in the context of the
Bangkok Rules on the Treatment of Female Prisoners is purchase by the St. Louis Police Department of a new
now included. headquarters building using forfeited funds.
A description of the federal Bureau of Prisons Mothers A new timeline depicting the development of federal
and Infants Together program has been added. drug control legislation has been added.
A photograph depicting the role of women in correc-
tional administration has been added.
Chapter 17: Terrorism, Multinational
A table describing the ten most influential security threat
groups (gangs) in American prisons has been added. Criminal Justice and Global Issues
The 2015 U.S. Supreme Court case of Holt v. Hobbs, The title of this chapter has changed to better reflect its
regarding a prisoner’s rights to “religious exercise” has contents.
been added. A new story opens the chapter and focuses on “lone
Information on mentally ill prisoners has been expanded. wolf ” would-be terrorist Christopher Lee Cornell who
A discussion of the 2015 attack by Islamic terrorists on was arrested by the FBI in 2015.
the offices of French newspaper Charlie Hebdo, is now The case of Raif Badawi, the Saudi Arabian blogger
included in the context of prisoner radicalization. sentenced to 1,000 lashes, is now discussed. A photo of
Badawi has also been added.
Chapter 15: Juvenile Justice Data throughout the chapter have been updated.
The 13th United Nations crime congress, held in Qatar
The chapter now begins with a discussion of the U.S.
in 2015, is now discussed.
Supreme Court’s recognition of recent advances in un-
The discussion of the International Criminal Court
derstanding of adolescent brain development—to include
(ICC) has been updated.
the Court’s decisions of Graham v. Florida (2010) and
Cyberterrorism is now better distinguished from other
Miller v. Alabama (2012).
forms of terrorism.
The U.S. Supreme Court case of J.D.B. v. North Carolina
The list of foreign terrorist organizations has been up-
(2011) has been added to the graphic depicting the legal
dated, as has the map showing the location of such
environment of juvenile justice.
organizations.
All statistics have been updated, to include those regard-
ing juveniles held in public and private facilities.
Chapter 18: High-Technology Crimes
Chapter 16: Drugs and Crime The chapter opening story has changed to describe the
The chapter opening story about Joaquin “El Chapo” cyberattack on Sony Pictures by North Korean agents.
Guzman has been updated to account for his arrest by The case of Russian national Aleksandr Andreevich
Mexican authorities and a request by the U.S. to extra- Panin, who plead guilty in U.S. federal court to con-
dite him from that country. spiracy to commit wire and bank fraud is now discussed.
The discussion of marijuana legalization and decriminal- All data (on cybercrimes) throughout the chapter have
ization has been expanded in the wake of the substance’s been updated.
new legal status in a number of states. The 2015 Social Media Internet Law Enforcement
Lunesta (eszopiclone) and Ambien (zolpidem) have been (SMILE) national conference is now discussed.
added to the table of major controlled substances under The discussion of the use of automatic plate recognition
the federal Controlled Substances Act. (APR) technology by law enforcement agencies has been
All of the data and statistics on drug use and abuse have expanded.
been updated throughout. The CJ News box describing the activities of Kim
A photograph of Denver’s 2015 Cannabis Cup celebra- Dotcom (AKA Megaupload) has been updated.
tion is now included in the chapter. A new key term, sentinel event, has been added, along
The information and graphic on federal drug control with its description. A detailed description of sentinel
spending has been updated. events in criminal justice is now included.
This page intentionally left blank
Preface
Many students are attracted to the study of criminal justice
because it provides a focus for the tension that exists within
key Features Include
our society between individual rights and freedoms, on the Freedom OR safety? YOu decide boxes in each chapter
one hand, and the need for public safety, security, and order, highlight the book’s ever-evolving theme of individual rights ver-
on the other. Recently, 21st century technology in the form sus public order, a hallmark feature of this text since the first edi-
of social media, smartphones, and personal online videos, has tion. In each chapter of the text, Freedom or Safety boxes build
combined with perceived injustices in the day-to-day operations on this theme by illustrating some of the personal rights issues
of the criminal justice system, culminating in an explosion of that challenge policymakers today. Each box includes critical-
demands for justice for citizens of all races and socioeconomic thinking questions that ask readers to ponder whether and how the
status—especially those whose encounters with agents of law criminal justice system balances individual rights and public safety.
enforcement turn violent. A “Black Lives Matter” movement
freedom OR safety? YOU decide
that began with the shooting of an unarmed black teenager in A Dress Code for Bank Customers?

Ferguson, Missouri, in 2014, has developed into a widespread banks—which called them the “uniform of choice” for bank
robbers. In an effort to thwart an increase in robberies, many
banks post requests for customers to remove hats, hoods, and

social movement that demands justice for all.


sunglasses before entering financial establishments. In 2009,
for example, Houston-area banks began putting up signs
requiring that customers remove even their cowboy hats—a

The tension between individual rights and public order is


request that some saw as going too far. Since Sterling Bank,
with 60 branches across Texas, asked customers to follow such

© David Kilpatrick/Alamy
rules, none of its branches has been robbed. Graham Painter,
a Sterling Bank spokesman, said, “We don’t want our regular

the theme around which all editions of this textbook have been customers thinking that we’re telling them how they ought to
dress. But it seems reasonable and not too much to ask to give
us an advantage over the robber.”

built. That same theme is even more compelling today because Many banks and some retail establishments require customers
to remove hats, hoodies, and sunglasses before entering their
Not all banks, however, are following the trend. “I think
what you have to weigh is convenience to customers versus
the added benefits in terms of identifying suspects with a

of the important question we have all been asking in recent place of business. Do you see such requests as limitations on
personal rights and freedoms, or as reasonable and necessary
precautions?
measure like this,” said Melodie Jackson, spokeswoman for
Citizens Bank of Massachusetts. “We’re taking a very close
look at things.”

years: How much personal freedom are we willing to sacrifice to


Nonetheless, dress code signs are now commonplace
Hoodies, or hooded sweatshirts, made the national news in at banks throughout the country, and it is likely that this re-
2012 following the fatal shooting of Trayvon Martin in Florida. quest will soon become the de facto standard at all financial
venues.

achieve a solid sense of individual and group security?


Martin, a black 17-year-old, was wearing a hoodie when
he was apparently confronted by George Zimmerman, a
You Decide
Hispanic community-watch volunteer working in a gated com-
munity. Following the shooting, hooded sweatshirts became a Are bank “dress codes” asking too much of customers? How

Although there are no easy answers to this question, this symbol of racial profiling, and inspired protests, including one
by U.S. Representative Bobby Rush (D-Ill.), who wore sunglasses
would you feel about doing business with a bank that posts
requests like those described here? Would you discriminate
and a hoodie on the House floor. against certain members of the public if they dressed in ways

textbook guides criminal justice students in the struggle to find a Even before the Martin shooting, however, dark glasses,
hooded sweatshirts, and hats had been banned by some
that you considered suspicious? If so, what type of clothing
would arouse your suspicions?
References: Cindy Horswell, “Some Banks Strike Hats, Sunglasses from Dress Code,” Houston Chronicle, April 23, 2009; Michael S. Rosenwald and Emily Ramshaw, “Banks Post

satisfying balance between freedom and security. True to its ori- Dress Code to Deter Robbers,” Boston Globe, July 13, 2002; and “Missouri Banks Attempt Unmasking Robbers,” Police Magazine online, October 25, 2002, http://www.po
licemag.com/t_newspick.cfm?rank571952 (accessed August 8, 2014).

gins, the 14th edition focuses on the crime picture in America


and on the three traditional elements of the criminal justice sys- CJ Careers boxes outline the characteristics of a variety of
tem: police, courts, and corrections. This edition has been en- criminal justice careers in a Q&A format, to introduce today’s
hanced with additional “Freedom or Safety” boxes, which time pragmatic students to an assortment of potential career options
and again question the viability of our freedoms in a world that and assist them in making appropriate career choices.
has grown ever more dangerous. This edition also asks students
to evaluate the strengths and weaknesses of the American justice
CJ | CAREERS
system as it struggles to adapt to an increasingly multicultural Police Officer
society and to a society in which the rights of a few can threaten Name. Narcotics Agent Christian Tomas
Position. QRT Agent (Quick Response
What qualities/characteristics are most helpful for this job? Common sense,
honesty, integrity, confidence, self-discipline, dedication, humility,

the safety of many—especially in the modern context of a War Team/Narcotics) City of West Palm
Beach, Florida
composure, physical and mental toughness, Tactical awareness and
the ability to work with minimal, to no, supervision.
Colleges attended. Palm Beach State What is a typical starting salary? The West Palm Beach Police Department
Against Terrorism. College starting salary is $45,324 annually, with excellent benefits.
What is the salary potential as you move up into higher-level jobs? An of-
Majors. Psychology
It is my hope that this TEXT will ground students in the Year hired. 2007
Please give a brief description of your job.
ficer reaching PFC (Patrolman first Class) and MPO (Master Patrol
Officer) will receive a 2 and 1/2% raise for each level attained.
Promotion in rank produces significant raises over time.
important issues that continue to evolve from the tension be- As a narcotics agent, my co-work-
ers and I target street-level drug
What advice would you give someone in college beginning studies in crimi-
nal justice? This isn’t a job for someone expecting to win all
dealers and other quality of life is-
tween the struggle for justice and the need for safety. For it is Christian Tomas sues, to include prostitution as well
as other illegal business practices.
of the battles. You try as hard as you can, but you have to be
prepared for some disappointments when a case doesn’t go the
way you wanted it to. Get your degree, as it will help you get
We use our own initiative to begin investigations throughout the
on that bedrock that the American system of criminal justice city. We buy narcotics in an undercover capacity and work with
the S.W.A.T. team by writing search warrants for them to execute.
promoted. When choosing a department, make sure that it’s the
kind of department that you are looking for. I came to West
Palm Beach for the experience and to be busy; I wanted to be
stands, and it is on that foundation that the future of the justice What is a typical day like? Typical day involves doing research and
identifying a target. Once an investigation is complete, we move
challenged and to do as much as I possibly could. Policing is a
very rewarding career if you have the motivation and determina-
on to another. Some days are spent primarily on surveillance; tion to succeed.
system—and of this country—will be built. while on others we are directly involved with drug dealers.

Frank SchmallEgEr, Ph.D.


Distinguished Professor Emeritus,
CJ news boxes in each chapter present case stories from
The University of north carolina at Pembroke
the media to bring a true-to-life dimension to the study of
criminal justice and allow insight into the everyday workings of
the justice system.

xxvii
xxviii P r e Fa C e

CJ | NEWS
Issues boxes throughout the text showcase selected issues
Evidence of “Warrior Gene” May Help Explain Violence in the field of criminal justice, including topics related to multi-
The media nicknamed MAOA-L the “warrior gene” after it was
identified as highly prevalent in a constantly warring Maori tribe.
Another study found that boys with an MAOA variation were more
culturalism, diversity, and technology.
likely to join gangs and become some of the most violent members.
Researchers now know that MAOA-L may alter the very structure of
the brain. Using structural magnetic resonance imaging (MRI) scan-
ning, a 2006 study found that men with the gene variant were much
more likely to have abnormalities in an area of the brain associated with CJ | ISSUES
behavior than were other men. Functional MRI scanning then showed Gender Issues in Criminal Justice
that these men had difficulty inhibiting strong emotional impulses.
Lawyers for violent defendants have latched on to the growing science.
law enforcement and prosecution strategies to combat violent crimes
In the 2009 murder trial of Bradley Waldroup, who was convicted of against women, and to develop and strengthen victim services in cases
chopping up his wife with a machete (she survived) and shooting her involving violent crimes against women.” The law also provided funds
female friend to death, lawyers were able to demonstrate that Waldroup for the “training of law enforcement officers and prosecutors to more
had the MAOA gene variant. Although the jury convicted him of mur- effectively identify and respond to violent crimes against women, in-
der and of attempted murder, its members concluded that his actions cluding the crimes of sexual assault and domestic violence”; for “devel-
© ag Visual/Fotolia

weren’t premeditated due to the influence that his genes had on him— oping, installing, or expanding data collection and communication sys-
sparing him the death penalty. Also in 2009, an Italian appeals court cut tems, including computerized systems, linking police, prosecutors, and
the sentence of a convicted murderer by one year on the grounds that courts or for the purpose of identifying and tracking arrests, protection
he, too, had the MAOA-L gene. orders, violations of protection orders, prosecutions, and convictions

© HHS Photos/Alamy
Judges are warming up to genetic defenses. In a 2012 study in for violent crimes against women, including the crimes of sexual assault
and domestic violence”; and for developing and strengthening “vic-
An artist’s representation of human DNA. Biosocial criminology Science, when trial judges were given the MAOA variant as evidence
tim services programs, including sexual assault and domestic violence
tells us that genes may harbor certain behavioral predispositions, in mock trials, they tended to reduce sentences by one year in com-
programs.”
but that it is the interaction between genes and the environment parison to cases with no such evidence. Critics, however, argue that The act also created the crime of crossing state lines in violation
that produces behavior. What forms might such interaction take? these defendants should be behind bars longer. Because their trait is of a protection order and the crime of crossing state lines to commit as-
baked into their DNA, such people say, they are likely to commit President Obama signing the Violence against Women Act sault on a domestic partner. It established federal penalties for the latter
As scientists study the DNA of the mass shooter at the elementary violence again. “Trying to absolve people of responsibility by attrib- (VAWA) reauthorization legislation in 2013. Intimate partner vio- offense of up to life in prison in cases where death results.
lence is a problem of special concern to the criminal justice
school in Newtown, Connecticut, some experts are hoping that it uting their behavior to their genes or environment is not new,” wrote Chapter 3 of the act provided funds to increase the “safety for
system, and violence against women is an area that is receiving
might lead to discovery of a gene that identifies violent criminals and Ronald Bailey, author of the book Liberation Biology. He urged courts women in public transit and public parks.” It authorized up to $10 mil-
legislative attention, as evidenced by the federal VAWA. How
helps prevent future killings. But be careful what you wish for. If a ge- to take a tough stance against defendants with a genetic predilection might laws designed to protect women be improved? lion in grants through the Department of Transportation to enhance
netic link to violence were firmly identified, could it be used to falsely to violence: “Knowing that you will be held responsible for criminal lighting, camera surveillance, and security telephones in public trans-
stigmatize people who haven’t committed any crime at all? Or could acts helps inhibit antisocial impulses that we all feel from time to The Violent Crime Control and Law Enforcement Act of 1994 in- portation systems used by women.
cluded significant provisions intended to enhance gender equality Chapter 5 of VAWA funded the creation of hotlines, educational
such a link help convicted criminals get reduced sentences? time.” Also, scientists want their findings to be taken with a grain
throughout the criminal justice system. Title IV of the Violent Crime seminars, informational materials, and training programs for profession-
The argument that “my DNA made me do it” has, in fact, already of salt in the courts, arguing that science and the law have different
Control and Law Enforcement Act, known as the Violence against als who provide assistance to victims of sexual assault. Another portion
been successfully used in the courts for a particular gene linked to violence. aims. “Science is focused on understanding universal phenomena; we Women Act (VAWA) of 1994, contains the Safe Streets for Women of the law, titled the Safe Homes for Women Act, increased grants
Monoamine oxidase A, known as MAOA, produces an enzyme that breaks do this by averaging data across groups of individuals,” wrote Joshua Act. This act increased federal penalties for repeat sex offenders and for battered women’s shelters, encouraged arrest in cases of domestic
down serotonin and other neurotransmitters in the brain that are identified Buckholtz for the NOVA series on PBS. “Law, on the other hand, requires mandatory restitution for sex crimes, including costs related violence, and provided for the creation of a national domestic violence
with aggression. Studies have shown that a variant of the gene, known as only cares about specific individual people—the individual on trial.” to medical services (including physical, psychiatric, and psychologi- hotline to provide counseling, information, and assistance to victims of
MAOA-L, can lead to violent behavior when coupled with serious mis- Buckholtz observed that “Genetic differences rarely affect human be- cal care); physical and occupational therapy or rehabilitation; neces- domestic violence. The act also mandates that any protection order is-
treatment in childhood. The link has only been identified in men, leaving havior with the kind of selectivity or specificity desired and required sary transportation, temporary housing, and child-care expenses; lost sued by a state court must be recognized by the other states and by the
women seemingly immune from the effects of this genetic anomaly. by the law.” income; attorneys’ fees, including any costs incurred in obtaining a civil federal government and must be enforced “as if it were the order of the
protection order; and any other losses suffered by the victim as a result enforcing state.”
Resources: Mark Lallanilla, “Genetics May Provide Clues to Newtown Shooting,” Live Science, December 28, 2012, http://www.livescience.com/25853-newtown-shooter-dna.html; of the offense. The act requires that compliance with a restitution order The VAWA was reauthorized by Congress in 2000, 2005, and
Joshua W. Buckholtz, “Neuroprediction and Crime,” NOVA, October 18, 2012, http://www.pbs.org/wgbh/nova/body/neuroprediction-crime.html; and Patricia Cohen, “Genetic Basis
for Crime: A New Look,” New York Times, June 19, 2011, http://www.nytimes.com/2011/06/20/arts/genetics-and-crime-at-institute-of-justice-conference.html?pagewanted=all&_r=0. be made a condition of probation or supervised release (if such a sen- again in 2013.1 The 2005 VAWA reauthorization included a new
tence is imposed by the court) and provides that violation of the order statute known as the International Marriage Broker Regulation Act
will result in the offender’s imprisonment. The law also extends “rape (IMBRA), which provides potential life-saving protections to prospec-
shield law” protections to civil cases and to all criminal cases in order to tive foreign brides who may immigrate to the United States. Finally,
bar irrelevant inquiries into a victim’s sexual history. the 2013 reauthorization made $659 million available each year for
Chapter 2 of the VAWA provided funds for grants to combat five years for programs that strengthen the justice system’s response to
violent crimes against women. The purpose of funding was to as- crimes against women and some men, including protections for gays,
sist states and local governments to “develop and strengthen effective lesbians, bisexual, and transgender Americans.

nEw! Paying for It boxes in the first four parts of the


1
VAWA 2013 was signed into law by President Obama on March 7, 2013. It is officially known as the Violence against Women Reauthorization Act of 2013.

text explore how the criminal justice system is affected by to-


day’s financial realities. Financial necessity in the form of bud-
get shortfalls and limits on available resources is leading police,
courts, and corrections to become more cost-efficient.
Instructor Supplements
The 14th edition of Criminal Justice Today is supported by a
complete package of instructor and student resources:
paying for it
Cost-Efficient Policing
Instructor’s Manual with Test Bank. Includes content out-
In January 2011, Newark, New Jersey, ranked 23rd on the list of
the most dangerous cities in America, laid off almost half of its
activities, reducing services, and modifying service delivery; reor-
ganizing and rightsizing agencies; partnering with other agencies
lines for classroom discussion, teaching suggestions, and answers
police force as budget constraints forced the city to reduce
the services it offered to its citizens. The layoffs came after city
and organizations; using proactive policing methods instead
of reactive ones; adopting preventative and problem-solving to selected end-of-chapter questions from the text. This also
revenues dipped by one-third amid declining income from taxes service models; increasing efficiency; outsourcing services; re-
on hotel stays and local payrolls, and parking fees collected by
the city fell sharply. Adding to the city’s woes was an additional
cycling confiscated criminal resources; and implementing force
multipliers.
contains a Word document version of the test bank.
decline of 40% in aid from the state of New Jersey. Force multipliers, the last of the options listed here, refers to
In the four-month period immediately following the layoffs, using technologies that permit a few personnel to do the work
crime in Newark surged. The murder rate climbed 73% above
what it was in the same period for the previous year; auto thefts
of many. Cameras placed in crime-prone areas, for example,
and monitored by police employees can sometimes reduce the
TestGen. This computerized test generation system gives
were up 40%; and carjackings increased fourfold. The number of
shooting victims taken to area hospitals doubled. Although some
need for active police patrols, thereby saving huge expendi-
tures on personnel, vehicles, communications, and administra-
you maximum flexibility in creating and administering tests on
claim that not all of those crime increases can be directly attrib- tive expenses. Cross-training, in which personnel are trained to
uted to declines in police staffing, others are not so sure. As po-
lice personnel were cut, so were crime-prevention programs that
perform a number of roles—such as police officer, EMT, and fire-
fighter—can also save money by eliminating duplicate positions.
paper, electronically, or online. It provides state-of-the-art fea-
had served the city well. One of them was Operation Impact,
which targeted high-crime areas and resulted in a 35% decrease
Finally, another initiative, smart policing, makes use of
techniques shown to work at both reducing and solving crimes. tures for viewing and editing test bank questions, dragging a
in crime in those neighborhoods. The program was eliminated as Hot-spot policing, in which agencies focus their resources on
uniformed personnel were moved to street patrol.
The city of Newark, which has since rehired some of its of-
known areas of criminal activity, is one such technique; whereas
predictive policing, which provides the ability to anticipate
selected question into a test you are creating, and printing sleek,
ficers, is not alone in facing financial pressures. A year after the
layoffs were announced in Newark, Camden city officials, also
or predict crime through the use of statistical techniques, helps
guide enforcement operations, and is an increasingly important formatted tests in a variety of layouts. Select test items from test
in New Jersey, announced that they were considering eliminat- concept in policing today (see the “CJ News box” in Chapter 6
ing the entire Camden Police Department, and were working
to create a countywide police force to be named the Camden
for more information on hot-spot policing).
Two programs that support effective policing are the Smart
banks included with TestGen for quick test creation, or write
County Police Department. Theoretically, the department, which
would include other cities and towns in the area, would bring
Policing Initiative (SPI), and the National Law Enforcement and
Corrections Technology Center (NLECTC). The NLECTC works your own questions from scratch. TestGen’s random generator
about cost savings from a combination of resources and person- to identify emerging technologies, as well as to assess their ef-
nel that were previously performing redundant tasks. Current
plans, however, which are still developing as this book goes to
ficiency; the SPI, a collaborative consortium composed of the
Bureau of Justice Assistance, the nonprofit CNA Corporation, and
provides the option to display different text or calculated num-
ber values each time questions are used.
press, do not ask for the department to combine operations with over 30 local law enforcement agencies, works to build evidence-
the Camden County Sheriff’s Office, which serves unincorpo - based law enforcement strategies that are effective, efficient,
rated areas of the county. and economical. The SPI is also discussed in a “Paying for It” box
Although today’s combined departments represent one ap- in Chapter 6. Visit SPI on the Web at http://www.smartpolicinginitia
proach to cost savings, others include the following: prioritizing tive.com. The NLECTC can be accessed at http://www.justnet.org.

References: William Alden, “Newark Police Layoffs Threaten Crime-Fighting as Budget Cuts Spark Fears,” Huffington Post, February 25, 2011, http://www.huffingtonpost.com/2011/02/25/
PowerPoint Presentations. Our presentations offer clear,
straightforward outlines and notes to use for class lectures or study
newark-police-layoffs-budget-cuts_n_827993.html (accessed May 28, 2012); Claudia Vargas, “Camden City Council Urges Officials to Advance Plan for County Police Force,” The
Philadelphia Inquirer, December 28, 2011, http://articles.philly.com/2011-12-28/news/30565451_1_county-force-police-force-police-officers (accessed May 21, 2012); Joe Cordero,
Reducing the Costs of Quality Policing: Making Community Safety Cost Effective and Sustainable (The Cordero Group), http://www.njlmef.org/policy-papers/FoLG_v_3_1.pdf (ac-
cessed May 29, 2012); Charlie Beck, “Predictive Policing: What Can We Learn from Wal-Mart and Amazon about Fighting Crime in a Recession?” The Police Chief, April 2012, http://

materials. Photos, illustrations, charts, and tables from the book


www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1942&issue_id=112009 (accessed May 25, 2012); and JustNet, “About NLECTC,” https://
www.justnet.org/About_NLECTC.html (accessed May 29, 2012); James R. Coldren, Jr., Alissa Huntoon, and Michael Medaris, "Introducing Smart Policing: Foundations, Principles, and
Practice," Police Quarterly, Vol. 16, No. 3 (2013), pp. 275–286.

are included in the presentations when applicable.


P r e Fa C e xxix

Annotated Instructors Edition (AIE). The AIE of Criminology notes, and bookmark important passages for later review. For
Today 8e contains notes in the top margins identifying key topics more information, visit your favorite online eBook reseller or
with suggestions for stimulating and guiding class discussion. visit www.mypearsonstore.com.
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To access supplementary materials online, instructors need
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structions on downloading the materials you wish to use.

Alternate versions CourseConnect Online Course to


eBooks. This text is also available in multiple eBook formats. Accompany Criminal Justice Today, 14e
These are an exciting new choice for students looking to save Criminal Justice Today is supported by online course solutions
money. As an alternative to purchasing the printed textbook, that include interactive learning modules, a variety of assessment
students can purchase an electronic version of the same content. tools, videos, simulations, and current event features. Go to
With an eTextbook, students can search the text, make notes www.pearsonhighered.com or contact your local representa-
online, print out reading assignments that incorporate lecture tive for the latest information.
Acknowledgments
My thanks to all who assisted in so many different ways in the Todd Beitzel, University of Findlay
development of this textbook. Thanks to Lynda Cramer, Tara Gad Bensinger, Loyola University–Chicago
Horton, Susan Hannahs, and Maura Barclay, and all the past and Robert Bing, University of Texas - Arlington
present Pearson staff with whom I have worked. They are true Michael Bisciglia, Southeastern Louisiana University
professionals and have made the task of manuscript development Gary Boyer, Dabney S. Lancaster CC
enjoyable. Gary Boyer, Sr., Dabney S. Lancaster Community College
A very special thank-you goes to Leah Jewel, Andrew Mindy Bradley, University of Arkansas
Gilfillan and David Gesell, for their stewardship and support; Alton Braddock, University of Louisiana–Monroe
and to my editor, Gary Bauer; field marketing manager, Thomas Pauline Brennan, University of Nebraska
Hayward; and product marketing manager, Kaylee Carlson. Chip Burns, Texas Christian University
I’d also like to thank my supplements author, Ellen Cohn, Ronald Burns, Texas Christian University
for her support and help in preparing the Instructor’s Manual, Theodore P. Byrne, California State University–
PowerPoints, and TestBank. I am grateful, as well, to the manuscript Dominguez Hills
reviewers involved in this and previous editions for holding me to W. Garret Capune, California State University–Fullerton
the fire when I might have opted for a less rigorous coverage of Mike Carlie, Southwest Missouri State University
some topics—especially Darl Champion of Methodist College, Geary Chlebus, James Sprunt Community College
Jim Smith at West Valley College, Cassandra L. Renzi of Keiser Steven Christiansen, Joliet Junior College
University, and Bryan J. Vila formerly of the National Institute of Dr. Joseph Ciccone, WWCC
Justice for their insightful suggestions as this book got under way. Joseph Ciccone, WWCC & CCI/Everest College
I thank the reviewers of the manuscript for this 14th edition. Jon E. Clark, Temple University
They include: Lora C. Clark, Pitt Community College
Warren Clark, California State University–Bakersfield
Mkay Bonner, University of Louisiana at Monroe
Lisa Clayton, Community College of Southern Nevada
Salih Hakan Can, Penn State University - Schuylkill
Lisa Clayton, College of Southern Nevada
Campus
Ellen G. Cohn, Florida International University
Nadine Connell, The University of Texas at Dallas
Gary Colboth, California State University–Long Beach
Erin Grant, Washburn University
Kimberly Collica, Monroe College
Pearl Jacobs, Sacred Heart University
Tomasina Cook, Erie Community College
Daniel Moeser, East Tennessee State University
William Corbet, New Mexico State University
Michael Paquette, Middlesex County College
Catherine Cowling, Campbell University
Mary Pyle, Tyler Junior College
Susan C. Craig, University of Central Florida
Stephen Wofsey, Northern Virgina Community College
Fredrick Crawford, Missouri Baptist University
I also thank the following reviewers of previous editions, Jannette O. Domingo, John Jay College of Criminal Justice
including: Vicky Doworth, Montgomery College
Daniel P. Doyle, University of Montana
Howard Abadinsky, St. Johns University Martha Earwood, University of Alabama–Birmingham
Stephanie Abramoske-James, Collin County Steven Egger, University of Houston–Clearlake
Community College Ron Fagan, Pepperdine University
Reed Adams, Elizabeth City State University Robert Franzese, University of Oklahoma
Jonathan Appel, Tiffin University Alan S. Frazier, Glendale Community College
Earl Ballou, Palo Alto College Harold A. Frossard, Moraine Valley Community College
Earl Ballou, Jr., Palo Alto College Barry J. Garigen, Genesee Community College
Kevin Barrett, Palomar College S. Marlon Gayadeen, Buffalo State College
Larry Bassi, State University of New York Michael Gray, Wor-Wic Community College
(SUNY)–Brockport Alex Greenberg, Niagara County Community College
Kevin Beaver, Florida State University Tim Griffin, St. Xavier University
Richard Becker, North Harris College Julia Hall, Drexel University

xxx
aCknowleDgmentS xxxi

Ed Heischmidt, Rend Lake College Ken O’Keefe, Prairie State College


Gary Herwald, Central Texas College and University David F. Owens, Onondaga Community College
of Phoenix Michael J. Palmiotto, Wichita State University
Dennis Hoffman, University of Nebraska at Omaha Lance Parr, Grossmont College
Michael Hooper, California Department of Justice William H. Parsonage, Penn State University
William D. Hyatt, Western Carolina University Allison Payne, Villanova University
Nicholas H. Irons, County College of Morris Ken Peak, University of Nevada–Reno
Galan M. Janeksela, University of Tennessee at Joseph M. Pellicciotti, Indiana University Northwest
Chattanooga Roger L. Pennel, Central Missouri State University
Jeffrie Jinian, Florida Gulf Coast University Joseph L. Peterson, University of Illinois at Chicago
Steve Johnson, Eastern Arizona College Morgan Peterson, Palomar College
Terry L. Johnson, Owens Community College Caryl Poteete, Illinois Central College
David M. Jones, University of Wisconsin–Oshkosh Gary Prawel, Keuka College
Victor Kappeler, Eastern Kentucky State University Philip J. Reichel, University of Northern Colorado
P. Ray Kedia, Grambling State University Albert Roberts, Rutgers University
David Keys, New Mexico State University Christopher Rosbough, Florida State University
Lloyd Klein, Louisiana State University–Shreveport Carl E. Russell, Scottsdale Community College
Sylvia Kuennen, Briar Cliff College Paul Sarantakos, Parkland College
Karel Kurst-Swanger, Oswego State University of Wayne J. Scamuffa, ITT Technical Institute
New York Benson Schaffer, IVAMS Arbitration and
Hamid R. Kusha, Texas A&M International University Mediation Services
Tony LaRose, University of Tampa Stephen J. Schoenthaler, California State
David Legere, New England College University–Stanislaus
David S. Long, St. Francis College Jeff Schrink, Indiana State University
Barry Langford, Columbia College Tim Schuetzle, University of Mary
Joan Luxenburg, University of Central Oklahoma Scott Senjo, Weber State University
Michael Lyman, Columbia College Bart Scroggins, Columbia College
Francis Marrocco, Triton College Judith M. Sgarzi, Mount Ida College
Adam Martin, South Florida Community College Louis F. Shepard, West Georgia Technical College
Dena Martin, Ivy Tech Community College of Indiana John Siler, Georgia Perimeter College
Richard H. Martin, Elgin Community College Ira Silverman, University of South Florida
Theresa McGuire, DeVry University Loretta J. Stalans, Loyola University–Chicago
David C. May, Eastern Kentucky University Domenick Stampone, Raritan Valley Community
G. Larry Mays, New Mexico State University College
Thomas P. McAninch, Scott Community College Z. G. Standing Bear, University of Colorado
William McGovern, Sussex County Community College Mark A. Stetler, Montgomery College
Susan S. McGuire, San Jacinto College North B. Grant Stitt, University of Nevada–Reno
Robert J. Meadows, California Lutheran University Norma Sullivan, College of DuPage; Troy University
Jim Mezhir, Niagara County Community College Robert W. Taylor, University of North Texas
Rick Michelson, Grossmont College Lawrence F. Travis III, University of Cincinnati
Jeffrey D. Monroe, Xavier University Ron Vogel, California State University–Long Beach
Harvey Morley, California State University–Long Beach David Whelan, Western Carolina University
Jacqueline Mullany, Indiana University Northwest Dianne A. Williams, North Carolina A&T State
Charles Myles, California State University–Los Angeles University
Bonnie Neher, Harrisburg Area Community College Kristin Williams, Ball State University
David Neubauer, University of New Orleans–Lakefront Lois Wims, Salve Regina University
Melanie Norwood, Southeastern Louisiana University Francis Williams, Plymouth State University
xxxii aCknowleDgmentS

L. Thomas Winfree, Jr., New Mexico State University Research Center for providing valuable information on gangs
John M. Wyant, Illinois Central College and gang activity.
Jeffrey Zack, Fayetteville Technical Community College I’d also like to acknowledge Chief J. Harper Wilson and
Nancy Carnes of the FBI’s Uniform Crime Reporting Program;
My thanks to everyone! I would also like to extend a spe- Mark Reading of the Drug Enforcement Administration’s Office
cial thanks to the following individuals for their invaluable of Intelligence; Kristina Rose at the National Institute of Justice;
comments and suggestions along the way: Gordon Armstrong, Marilyn Marbrook and Michael Rand at the Office of Justice
Jack Brady, Avon Burns, Kathy Cameron-Hahn, Alex Obi Programs; Wilma M. Grant of the U.S. Supreme Court’s Project
Ekwuaju, Gene Evans, Joe Graziano, Donald J. Melisi, Greg Hermes; Ken Kerle at the American Jail Association; Lisa Bastian,
Osowski, Phil Purpura, Victor Quiros, John Robich, Barry survey statistician with the National Crime Victimization Survey
Schreiber, Dave Seip, Ted Skotnicki, Stewart Stanfield, Bill Program; Steve Shackelton with the U.S. Parks Service; Ronald
Tafoya, Tom Thackery, Joe Trevalino, Howard Tritt, Bill T. Allen, Steve Chaney, Bernie Homme, and Kenneth L.
Tyrrell, Tim Veiders, and Bob Winslow. Whitman, all with the California Peace Officer Standards and
Thanks are also due to everyone who assisted in artis- Training Commission; Dianne Martin at the Drug Enforcement
tic arrangements, including Sergeant Michael Flores of the Administration; and George J. Davino of the New York City
New York City Police Department’s Photo Unit, Michael L. Police Department for their help in making this book both
Hammond of the Everett (Washington) Police Department, timely and accurate.
Mikael Karlsson of Arresting Images, Assistant Chief James M. Last, but by no means least, Taylor Davis, H. R. Delaney,
Lewis of the Bakersfield (California) Police Department, Tonya Jannette O. Domingo, Al Garcia, Rodney Hennigsen, Norman
Matz of the University of Illinois at Chicago, and Monique G. Kittel, Robert O. Lampert, and Joseph M. Pellicciotti should
Smith of the National Institute of Justice—all of whom were know that their writings, contributions, and valuable sugges-
especially helpful in providing a wealth of photo resources. tions at the earliest stages of manuscript development continue
I am especially indebted to University of Illinois Professor to be very much appreciated. Thank you, everyone!
Joseph L. Peterson for his assistance with sections on scientific
Frank SchmallEgEr, Ph.D.
evidence and to George W. Knox of the National Gang Crime
About the Author
Frank Schmalleger, Ph.D., is St. Louis, Missouri, Schmalleger helped develop the university’s
Distinguished Professor Emeritus graduate program in security administration and loss prevention.
at the University of North He taught courses in that curriculum for more than a decade.
Carolina at Pembroke. He holds An avid Web user and website builder, Schmalleger is also the
degrees from the University of creator of a number of award-winning websites, including some
Notre Dame and The Ohio that support this textbook.
State University, having earned Frank Schmalleger is the author of numerous articles and
both a master’s (1970) and a more than 40 books, including the widely used Criminal Justice:
doctorate in sociology (1974) A Brief Introduction (Pearson, 2016), Criminology Today (Pearson,
from The Ohio State University 2017), and Criminal Law Today (Pearson, 2014).
with a special emphasis in crimi- Schmalleger is also founding editor of the journal Criminal
nology. From 1976 to 1994, he Justice Studies. He has served as editor for the Pearson series
taught criminology and criminal Criminal Justice in the Twenty-First Century and as imprint ad-
justice courses at the University viser for Greenwood Publishing Group’s criminal justice refer-
of North Carolina at Pembroke. For the last 16 of those years, ence series.
he chaired the university’s Department of Sociology, Social Work, Schmalleger’s philosophy of both teaching and writing
and Criminal Justice. The university named him Distinguished can be summed up in these words: “In order to communicate
Professor in 1991. knowledge we must first catch, then hold, a person’s interest—be
Schmalleger has taught in the online graduate program of it student, colleague, or policymaker. Our writing, our speaking,
the New School for Social Research, helping build the world’s and our teaching must be relevant to the problems facing people
first electronic classrooms in support of distance learning on the today, and they must in some way help solve those problems.”
Internet. As an adjunct professor with Webster University in Visit the author’s website at http://www.schmalleger.com.

Justice is truth in action!


—Benjamin Disraeli (1804–1881)
Injustice anywhere is a threat to justice everywhere.
—Martin Luther King, Jr. (1929–1968)

xxxiii
EN T RY INTO T HE SYSTE M PROSECUTION & PRETRIAL SERV ICES ADJ U DIC ATIO N

ARRAIGNMENT

GRAND JURY

CRIME

911
REDUCTION
OF CHARGE
BAIL OR DETENTION HEARING INFORMATION

REPORTED & OBSERVED CRIME

INVESTIGATION PRELIMINARY HEARING

ARREST ARRAIGNMENT
INITIAL APPEARANCE

INFORMATION

UNSUCCESSFUL
DIVERSION
CHARGES FILED
Another random document with
no related content on Scribd:
DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI

Newala, too, suffers from the distance of its water-supply—at least


the Newala of to-day does; there was once another Newala in a lovely
valley at the foot of the plateau. I visited it and found scarcely a trace
of houses, only a Christian cemetery, with the graves of several
missionaries and their converts, remaining as a monument of its
former glories. But the surroundings are wonderfully beautiful. A
thick grove of splendid mango-trees closes in the weather-worn
crosses and headstones; behind them, combining the useful and the
agreeable, is a whole plantation of lemon-trees covered with ripe
fruit; not the small African kind, but a much larger and also juicier
imported variety, which drops into the hands of the passing traveller,
without calling for any exertion on his part. Old Newala is now under
the jurisdiction of the native pastor, Daudi, at Chingulungulu, who,
as I am on very friendly terms with him, allows me, as a matter of
course, the use of this lemon-grove during my stay at Newala.
FEET MUTILATED BY THE RAVAGES OF THE “JIGGER”
(Sarcopsylla penetrans)

The water-supply of New Newala is in the bottom of the valley,


some 1,600 feet lower down. The way is not only long and fatiguing,
but the water, when we get it, is thoroughly bad. We are suffering not
only from this, but from the fact that the arrangements at Newala are
nothing short of luxurious. We have a separate kitchen—a hut built
against the boma palisade on the right of the baraza, the interior of
which is not visible from our usual position. Our two cooks were not
long in finding this out, and they consequently do—or rather neglect
to do—what they please. In any case they do not seem to be very
particular about the boiling of our drinking-water—at least I can
attribute to no other cause certain attacks of a dysenteric nature,
from which both Knudsen and I have suffered for some time. If a
man like Omari has to be left unwatched for a moment, he is capable
of anything. Besides this complaint, we are inconvenienced by the
state of our nails, which have become as hard as glass, and crack on
the slightest provocation, and I have the additional infliction of
pimples all over me. As if all this were not enough, we have also, for
the last week been waging war against the jigger, who has found his
Eldorado in the hot sand of the Makonde plateau. Our men are seen
all day long—whenever their chronic colds and the dysentery likewise
raging among them permit—occupied in removing this scourge of
Africa from their feet and trying to prevent the disastrous
consequences of its presence. It is quite common to see natives of
this place with one or two toes missing; many have lost all their toes,
or even the whole front part of the foot, so that a well-formed leg
ends in a shapeless stump. These ravages are caused by the female of
Sarcopsylla penetrans, which bores its way under the skin and there
develops an egg-sac the size of a pea. In all books on the subject, it is
stated that one’s attention is called to the presence of this parasite by
an intolerable itching. This agrees very well with my experience, so
far as the softer parts of the sole, the spaces between and under the
toes, and the side of the foot are concerned, but if the creature
penetrates through the harder parts of the heel or ball of the foot, it
may escape even the most careful search till it has reached maturity.
Then there is no time to be lost, if the horrible ulceration, of which
we see cases by the dozen every day, is to be prevented. It is much
easier, by the way, to discover the insect on the white skin of a
European than on that of a native, on which the dark speck scarcely
shows. The four or five jiggers which, in spite of the fact that I
constantly wore high laced boots, chose my feet to settle in, were
taken out for me by the all-accomplished Knudsen, after which I
thought it advisable to wash out the cavities with corrosive
sublimate. The natives have a different sort of disinfectant—they fill
the hole with scraped roots. In a tiny Makua village on the slope of
the plateau south of Newala, we saw an old woman who had filled all
the spaces under her toe-nails with powdered roots by way of
prophylactic treatment. What will be the result, if any, who can say?
The rest of the many trifling ills which trouble our existence are
really more comic than serious. In the absence of anything else to
smoke, Knudsen and I at last opened a box of cigars procured from
the Indian store-keeper at Lindi, and tried them, with the most
distressing results. Whether they contain opium or some other
narcotic, neither of us can say, but after the tenth puff we were both
“off,” three-quarters stupefied and unspeakably wretched. Slowly we
recovered—and what happened next? Half-an-hour later we were
once more smoking these poisonous concoctions—so insatiable is the
craving for tobacco in the tropics.
Even my present attacks of fever scarcely deserve to be taken
seriously. I have had no less than three here at Newala, all of which
have run their course in an incredibly short time. In the early
afternoon, I am busy with my old natives, asking questions and
making notes. The strong midday coffee has stimulated my spirits to
an extraordinary degree, the brain is active and vigorous, and work
progresses rapidly, while a pleasant warmth pervades the whole
body. Suddenly this gives place to a violent chill, forcing me to put on
my overcoat, though it is only half-past three and the afternoon sun
is at its hottest. Now the brain no longer works with such acuteness
and logical precision; more especially does it fail me in trying to
establish the syntax of the difficult Makua language on which I have
ventured, as if I had not enough to do without it. Under the
circumstances it seems advisable to take my temperature, and I do
so, to save trouble, without leaving my seat, and while going on with
my work. On examination, I find it to be 101·48°. My tutors are
abruptly dismissed and my bed set up in the baraza; a few minutes
later I am in it and treating myself internally with hot water and
lemon-juice.
Three hours later, the thermometer marks nearly 104°, and I make
them carry me back into the tent, bed and all, as I am now perspiring
heavily, and exposure to the cold wind just beginning to blow might
mean a fatal chill. I lie still for a little while, and then find, to my
great relief, that the temperature is not rising, but rather falling. This
is about 7.30 p.m. At 8 p.m. I find, to my unbounded astonishment,
that it has fallen below 98·6°, and I feel perfectly well. I read for an
hour or two, and could very well enjoy a smoke, if I had the
wherewithal—Indian cigars being out of the question.
Having no medical training, I am at a loss to account for this state
of things. It is impossible that these transitory attacks of high fever
should be malarial; it seems more probable that they are due to a
kind of sunstroke. On consulting my note-book, I become more and
more inclined to think this is the case, for these attacks regularly
follow extreme fatigue and long exposure to strong sunshine. They at
least have the advantage of being only short interruptions to my
work, as on the following morning I am always quite fresh and fit.
My treasure of a cook is suffering from an enormous hydrocele which
makes it difficult for him to get up, and Moritz is obliged to keep in
the dark on account of his inflamed eyes. Knudsen’s cook, a raw boy
from somewhere in the bush, knows still less of cooking than Omari;
consequently Nils Knudsen himself has been promoted to the vacant
post. Finding that we had come to the end of our supplies, he began
by sending to Chingulungulu for the four sucking-pigs which we had
bought from Matola and temporarily left in his charge; and when
they came up, neatly packed in a large crate, he callously slaughtered
the biggest of them. The first joint we were thoughtless enough to
entrust for roasting to Knudsen’s mshenzi cook, and it was
consequently uneatable; but we made the rest of the animal into a
jelly which we ate with great relish after weeks of underfeeding,
consuming incredible helpings of it at both midday and evening
meals. The only drawback is a certain want of variety in the tinned
vegetables. Dr. Jäger, to whom the Geographical Commission
entrusted the provisioning of the expeditions—mine as well as his
own—because he had more time on his hands than the rest of us,
seems to have laid in a huge stock of Teltow turnips,[46] an article of
food which is all very well for occasional use, but which quickly palls
when set before one every day; and we seem to have no other tins
left. There is no help for it—we must put up with the turnips; but I
am certain that, once I am home again, I shall not touch them for ten
years to come.
Amid all these minor evils, which, after all, go to make up the
genuine flavour of Africa, there is at least one cheering touch:
Knudsen has, with the dexterity of a skilled mechanic, repaired my 9
× 12 cm. camera, at least so far that I can use it with a little care.
How, in the absence of finger-nails, he was able to accomplish such a
ticklish piece of work, having no tool but a clumsy screw-driver for
taking to pieces and putting together again the complicated
mechanism of the instantaneous shutter, is still a mystery to me; but
he did it successfully. The loss of his finger-nails shows him in a light
contrasting curiously enough with the intelligence evinced by the
above operation; though, after all, it is scarcely surprising after his
ten years’ residence in the bush. One day, at Lindi, he had occasion
to wash a dog, which must have been in need of very thorough
cleansing, for the bottle handed to our friend for the purpose had an
extremely strong smell. Having performed his task in the most
conscientious manner, he perceived with some surprise that the dog
did not appear much the better for it, and was further surprised by
finding his own nails ulcerating away in the course of the next few
days. “How was I to know that carbolic acid has to be diluted?” he
mutters indignantly, from time to time, with a troubled gaze at his
mutilated finger-tips.
Since we came to Newala we have been making excursions in all
directions through the surrounding country, in accordance with old
habit, and also because the akida Sefu did not get together the tribal
elders from whom I wanted information so speedily as he had
promised. There is, however, no harm done, as, even if seen only
from the outside, the country and people are interesting enough.
The Makonde plateau is like a large rectangular table rounded off
at the corners. Measured from the Indian Ocean to Newala, it is
about seventy-five miles long, and between the Rovuma and the
Lukuledi it averages fifty miles in breadth, so that its superficial area
is about two-thirds of that of the kingdom of Saxony. The surface,
however, is not level, but uniformly inclined from its south-western
edge to the ocean. From the upper edge, on which Newala lies, the
eye ranges for many miles east and north-east, without encountering
any obstacle, over the Makonde bush. It is a green sea, from which
here and there thick clouds of smoke rise, to show that it, too, is
inhabited by men who carry on their tillage like so many other
primitive peoples, by cutting down and burning the bush, and
manuring with the ashes. Even in the radiant light of a tropical day
such a fire is a grand sight.
Much less effective is the impression produced just now by the
great western plain as seen from the edge of the plateau. As often as
time permits, I stroll along this edge, sometimes in one direction,
sometimes in another, in the hope of finding the air clear enough to
let me enjoy the view; but I have always been disappointed.
Wherever one looks, clouds of smoke rise from the burning bush,
and the air is full of smoke and vapour. It is a pity, for under more
favourable circumstances the panorama of the whole country up to
the distant Majeje hills must be truly magnificent. It is of little use
taking photographs now, and an outline sketch gives a very poor idea
of the scenery. In one of these excursions I went out of my way to
make a personal attempt on the Makonde bush. The present edge of
the plateau is the result of a far-reaching process of destruction
through erosion and denudation. The Makonde strata are
everywhere cut into by ravines, which, though short, are hundreds of
yards in depth. In consequence of the loose stratification of these
beds, not only are the walls of these ravines nearly vertical, but their
upper end is closed by an equally steep escarpment, so that the
western edge of the Makonde plateau is hemmed in by a series of
deep, basin-like valleys. In order to get from one side of such a ravine
to the other, I cut my way through the bush with a dozen of my men.
It was a very open part, with more grass than scrub, but even so the
short stretch of less than two hundred yards was very hard work; at
the end of it the men’s calicoes were in rags and they themselves
bleeding from hundreds of scratches, while even our strong khaki
suits had not escaped scatheless.

NATIVE PATH THROUGH THE MAKONDE BUSH, NEAR


MAHUTA

I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.

MAKONDE LOCK AND KEY AT JUMBE CHAURO


This is the general way of closing a house. The Makonde at Jumbe
Chauro, however, have a much more complicated, solid and original
one. Here, too, the door is as already described, except that there is
only one post on the inside, standing by itself about six inches from
one side of the doorway. Opposite this post is a hole in the wall just
large enough to admit a man’s arm. The door is closed inside by a
large wooden bolt passing through a hole in this post and pressing
with its free end against the door. The other end has three holes into
which fit three pegs running in vertical grooves inside the post. The
door is opened with a wooden key about a foot long, somewhat
curved and sloped off at the butt; the other end has three pegs
corresponding to the holes, in the bolt, so that, when it is thrust
through the hole in the wall and inserted into the rectangular
opening in the post, the pegs can be lifted and the bolt drawn out.[50]

MODE OF INSERTING THE KEY

With no small pride first one householder and then a second


showed me on the spot the action of this greatest invention of the
Makonde Highlands. To both with an admiring exclamation of
“Vizuri sana!” (“Very fine!”). I expressed the wish to take back these
marvels with me to Ulaya, to show the Wazungu what clever fellows
the Makonde are. Scarcely five minutes after my return to camp at
Newala, the two men came up sweating under the weight of two
heavy logs which they laid down at my feet, handing over at the same
time the keys of the fallen fortress. Arguing, logically enough, that if
the key was wanted, the lock would be wanted with it, they had taken
their axes and chopped down the posts—as it never occurred to them
to dig them out of the ground and so bring them intact. Thus I have
two badly damaged specimens, and the owners, instead of praise,
come in for a blowing-up.
The Makua huts in the environs of Newala are especially
miserable; their more than slovenly construction reminds one of the
temporary erections of the Makua at Hatia’s, though the people here
have not been concerned in a war. It must therefore be due to
congenital idleness, or else to the absence of a powerful chief. Even
the baraza at Mlipa’s, a short hour’s walk south-east of Newala,
shares in this general neglect. While public buildings in this country
are usually looked after more or less carefully, this is in evident
danger of being blown over by the first strong easterly gale. The only
attractive object in this whole district is the grave of the late chief
Mlipa. I visited it in the morning, while the sun was still trying with
partial success to break through the rolling mists, and the circular
grove of tall euphorbias, which, with a broken pot, is all that marks
the old king’s resting-place, impressed one with a touch of pathos.
Even my very materially-minded carriers seemed to feel something
of the sort, for instead of their usual ribald songs, they chanted
solemnly, as we marched on through the dense green of the Makonde
bush:—
“We shall arrive with the great master; we stand in a row and have
no fear about getting our food and our money from the Serkali (the
Government). We are not afraid; we are going along with the great
master, the lion; we are going down to the coast and back.”
With regard to the characteristic features of the various tribes here
on the western edge of the plateau, I can arrive at no other
conclusion than the one already come to in the plain, viz., that it is
impossible for anyone but a trained anthropologist to assign any
given individual at once to his proper tribe. In fact, I think that even
an anthropological specialist, after the most careful examination,
might find it a difficult task to decide. The whole congeries of peoples
collected in the region bounded on the west by the great Central
African rift, Tanganyika and Nyasa, and on the east by the Indian
Ocean, are closely related to each other—some of their languages are
only distinguished from one another as dialects of the same speech,
and no doubt all the tribes present the same shape of skull and
structure of skeleton. Thus, surely, there can be no very striking
differences in outward appearance.
Even did such exist, I should have no time
to concern myself with them, for day after day,
I have to see or hear, as the case may be—in
any case to grasp and record—an
extraordinary number of ethnographic
phenomena. I am almost disposed to think it
fortunate that some departments of inquiry, at
least, are barred by external circumstances.
Chief among these is the subject of iron-
working. We are apt to think of Africa as a
country where iron ore is everywhere, so to
speak, to be picked up by the roadside, and
where it would be quite surprising if the
inhabitants had not learnt to smelt the
material ready to their hand. In fact, the
knowledge of this art ranges all over the
continent, from the Kabyles in the north to the
Kafirs in the south. Here between the Rovuma
and the Lukuledi the conditions are not so
favourable. According to the statements of the
Makonde, neither ironstone nor any other
form of iron ore is known to them. They have
not therefore advanced to the art of smelting
the metal, but have hitherto bought all their
THE ANCESTRESS OF
THE MAKONDE
iron implements from neighbouring tribes.
Even in the plain the inhabitants are not much
better off. Only one man now living is said to
understand the art of smelting iron. This old fundi lives close to
Huwe, that isolated, steep-sided block of granite which rises out of
the green solitude between Masasi and Chingulungulu, and whose
jagged and splintered top meets the traveller’s eye everywhere. While
still at Masasi I wished to see this man at work, but was told that,
frightened by the rising, he had retired across the Rovuma, though
he would soon return. All subsequent inquiries as to whether the
fundi had come back met with the genuine African answer, “Bado”
(“Not yet”).
BRAZIER

Some consolation was afforded me by a brassfounder, whom I


came across in the bush near Akundonde’s. This man is the favourite
of women, and therefore no doubt of the gods; he welds the glittering
brass rods purchased at the coast into those massive, heavy rings
which, on the wrists and ankles of the local fair ones, continually give
me fresh food for admiration. Like every decent master-craftsman he
had all his tools with him, consisting of a pair of bellows, three
crucibles and a hammer—nothing more, apparently. He was quite
willing to show his skill, and in a twinkling had fixed his bellows on
the ground. They are simply two goat-skins, taken off whole, the four
legs being closed by knots, while the upper opening, intended to
admit the air, is kept stretched by two pieces of wood. At the lower
end of the skin a smaller opening is left into which a wooden tube is
stuck. The fundi has quickly borrowed a heap of wood-embers from
the nearest hut; he then fixes the free ends of the two tubes into an
earthen pipe, and clamps them to the ground by means of a bent
piece of wood. Now he fills one of his small clay crucibles, the dross
on which shows that they have been long in use, with the yellow
material, places it in the midst of the embers, which, at present are
only faintly glimmering, and begins his work. In quick alternation
the smith’s two hands move up and down with the open ends of the
bellows; as he raises his hand he holds the slit wide open, so as to let
the air enter the skin bag unhindered. In pressing it down he closes
the bag, and the air puffs through the bamboo tube and clay pipe into
the fire, which quickly burns up. The smith, however, does not keep
on with this work, but beckons to another man, who relieves him at
the bellows, while he takes some more tools out of a large skin pouch
carried on his back. I look on in wonder as, with a smooth round
stick about the thickness of a finger, he bores a few vertical holes into
the clean sand of the soil. This should not be difficult, yet the man
seems to be taking great pains over it. Then he fastens down to the
ground, with a couple of wooden clamps, a neat little trough made by
splitting a joint of bamboo in half, so that the ends are closed by the
two knots. At last the yellow metal has attained the right consistency,
and the fundi lifts the crucible from the fire by means of two sticks
split at the end to serve as tongs. A short swift turn to the left—a
tilting of the crucible—and the molten brass, hissing and giving forth
clouds of smoke, flows first into the bamboo mould and then into the
holes in the ground.
The technique of this backwoods craftsman may not be very far
advanced, but it cannot be denied that he knows how to obtain an
adequate result by the simplest means. The ladies of highest rank in
this country—that is to say, those who can afford it, wear two kinds
of these massive brass rings, one cylindrical, the other semicircular
in section. The latter are cast in the most ingenious way in the
bamboo mould, the former in the circular hole in the sand. It is quite
a simple matter for the fundi to fit these bars to the limbs of his fair
customers; with a few light strokes of his hammer he bends the
pliable brass round arm or ankle without further inconvenience to
the wearer.
SHAPING THE POT

SMOOTHING WITH MAIZE-COB

CUTTING THE EDGE


FINISHING THE BOTTOM

LAST SMOOTHING BEFORE


BURNING

FIRING THE BRUSH-PILE


LIGHTING THE FARTHER SIDE OF
THE PILE

TURNING THE RED-HOT VESSEL

NYASA WOMAN MAKING POTS AT MASASI


Pottery is an art which must always and everywhere excite the
interest of the student, just because it is so intimately connected with
the development of human culture, and because its relics are one of
the principal factors in the reconstruction of our own condition in
prehistoric times. I shall always remember with pleasure the two or
three afternoons at Masasi when Salim Matola’s mother, a slightly-
built, graceful, pleasant-looking woman, explained to me with
touching patience, by means of concrete illustrations, the ceramic art
of her people. The only implements for this primitive process were a
lump of clay in her left hand, and in the right a calabash containing
the following valuables: the fragment of a maize-cob stripped of all
its grains, a smooth, oval pebble, about the size of a pigeon’s egg, a
few chips of gourd-shell, a bamboo splinter about the length of one’s
hand, a small shell, and a bunch of some herb resembling spinach.
Nothing more. The woman scraped with the
shell a round, shallow hole in the soft, fine
sand of the soil, and, when an active young
girl had filled the calabash with water for her,
she began to knead the clay. As if by magic it
gradually assumed the shape of a rough but
already well-shaped vessel, which only wanted
a little touching up with the instruments
before mentioned. I looked out with the
MAKUA WOMAN closest attention for any indication of the use
MAKING A POT. of the potter’s wheel, in however rudimentary
SHOWS THE a form, but no—hapana (there is none). The
BEGINNINGS OF THE embryo pot stood firmly in its little
POTTER’S WHEEL
depression, and the woman walked round it in
a stooping posture, whether she was removing
small stones or similar foreign bodies with the maize-cob, smoothing
the inner or outer surface with the splinter of bamboo, or later, after
letting it dry for a day, pricking in the ornamentation with a pointed
bit of gourd-shell, or working out the bottom, or cutting the edge
with a sharp bamboo knife, or giving the last touches to the finished
vessel. This occupation of the women is infinitely toilsome, but it is
without doubt an accurate reproduction of the process in use among
our ancestors of the Neolithic and Bronze ages.
There is no doubt that the invention of pottery, an item in human
progress whose importance cannot be over-estimated, is due to
women. Rough, coarse and unfeeling, the men of the horde range
over the countryside. When the united cunning of the hunters has
succeeded in killing the game; not one of them thinks of carrying
home the spoil. A bright fire, kindled by a vigorous wielding of the
drill, is crackling beside them; the animal has been cleaned and cut
up secundum artem, and, after a slight singeing, will soon disappear
under their sharp teeth; no one all this time giving a single thought
to wife or child.
To what shifts, on the other hand, the primitive wife, and still more
the primitive mother, was put! Not even prehistoric stomachs could
endure an unvarying diet of raw food. Something or other suggested
the beneficial effect of hot water on the majority of approved but
indigestible dishes. Perhaps a neighbour had tried holding the hard
roots or tubers over the fire in a calabash filled with water—or maybe
an ostrich-egg-shell, or a hastily improvised vessel of bark. They
became much softer and more palatable than they had previously
been; but, unfortunately, the vessel could not stand the fire and got
charred on the outside. That can be remedied, thought our
ancestress, and plastered a layer of wet clay round a similar vessel.
This is an improvement; the cooking utensil remains uninjured, but
the heat of the fire has shrunk it, so that it is loose in its shell. The
next step is to detach it, so, with a firm grip and a jerk, shell and
kernel are separated, and pottery is invented. Perhaps, however, the
discovery which led to an intelligent use of the burnt-clay shell, was
made in a slightly different way. Ostrich-eggs and calabashes are not
to be found in every part of the world, but everywhere mankind has
arrived at the art of making baskets out of pliant materials, such as
bark, bast, strips of palm-leaf, supple twigs, etc. Our inventor has no
water-tight vessel provided by nature. “Never mind, let us line the
basket with clay.” This answers the purpose, but alas! the basket gets
burnt over the blazing fire, the woman watches the process of
cooking with increasing uneasiness, fearing a leak, but no leak
appears. The food, done to a turn, is eaten with peculiar relish; and
the cooking-vessel is examined, half in curiosity, half in satisfaction
at the result. The plastic clay is now hard as stone, and at the same
time looks exceedingly well, for the neat plaiting of the burnt basket
is traced all over it in a pretty pattern. Thus, simultaneously with
pottery, its ornamentation was invented.
Primitive woman has another claim to respect. It was the man,
roving abroad, who invented the art of producing fire at will, but the
woman, unable to imitate him in this, has been a Vestal from the
earliest times. Nothing gives so much trouble as the keeping alight of
the smouldering brand, and, above all, when all the men are absent
from the camp. Heavy rain-clouds gather, already the first large
drops are falling, the first gusts of the storm rage over the plain. The
little flame, a greater anxiety to the woman than her own children,
flickers unsteadily in the blast. What is to be done? A sudden thought
occurs to her, and in an instant she has constructed a primitive hut
out of strips of bark, to protect the flame against rain and wind.
This, or something very like it, was the way in which the principle
of the house was discovered; and even the most hardened misogynist
cannot fairly refuse a woman the credit of it. The protection of the
hearth-fire from the weather is the germ from which the human
dwelling was evolved. Men had little, if any share, in this forward
step, and that only at a late stage. Even at the present day, the
plastering of the housewall with clay and the manufacture of pottery
are exclusively the women’s business. These are two very significant
survivals. Our European kitchen-garden, too, is originally a woman’s
invention, and the hoe, the primitive instrument of agriculture, is,
characteristically enough, still used in this department. But the
noblest achievement which we owe to the other sex is unquestionably
the art of cookery. Roasting alone—the oldest process—is one for
which men took the hint (a very obvious one) from nature. It must
have been suggested by the scorched carcase of some animal
overtaken by the destructive forest-fires. But boiling—the process of
improving organic substances by the help of water heated to boiling-
point—is a much later discovery. It is so recent that it has not even
yet penetrated to all parts of the world. The Polynesians understand
how to steam food, that is, to cook it, neatly wrapped in leaves, in a
hole in the earth between hot stones, the air being excluded, and
(sometimes) a few drops of water sprinkled on the stones; but they
do not understand boiling.
To come back from this digression, we find that the slender Nyasa
woman has, after once more carefully examining the finished pot,
put it aside in the shade to dry. On the following day she sends me
word by her son, Salim Matola, who is always on hand, that she is
going to do the burning, and, on coming out of my house, I find her
already hard at work. She has spread on the ground a layer of very
dry sticks, about as thick as one’s thumb, has laid the pot (now of a
yellowish-grey colour) on them, and is piling brushwood round it.
My faithful Pesa mbili, the mnyampara, who has been standing by,
most obligingly, with a lighted stick, now hands it to her. Both of
them, blowing steadily, light the pile on the lee side, and, when the
flame begins to catch, on the weather side also. Soon the whole is in a
blaze, but the dry fuel is quickly consumed and the fire dies down, so
that we see the red-hot vessel rising from the ashes. The woman
turns it continually with a long stick, sometimes one way and
sometimes another, so that it may be evenly heated all over. In
twenty minutes she rolls it out of the ash-heap, takes up the bundle
of spinach, which has been lying for two days in a jar of water, and
sprinkles the red-hot clay with it. The places where the drops fall are
marked by black spots on the uniform reddish-brown surface. With a
sigh of relief, and with visible satisfaction, the woman rises to an
erect position; she is standing just in a line between me and the fire,
from which a cloud of smoke is just rising: I press the ball of my
camera, the shutter clicks—the apotheosis is achieved! Like a
priestess, representative of her inventive sex, the graceful woman
stands: at her feet the hearth-fire she has given us beside her the
invention she has devised for us, in the background the home she has
built for us.
At Newala, also, I have had the manufacture of pottery carried on
in my presence. Technically the process is better than that already
described, for here we find the beginnings of the potter’s wheel,
which does not seem to exist in the plains; at least I have seen
nothing of the sort. The artist, a frightfully stupid Makua woman, did
not make a depression in the ground to receive the pot she was about
to shape, but used instead a large potsherd. Otherwise, she went to
work in much the same way as Salim’s mother, except that she saved
herself the trouble of walking round and round her work by squatting
at her ease and letting the pot and potsherd rotate round her; this is
surely the first step towards a machine. But it does not follow that
the pot was improved by the process. It is true that it was beautifully
rounded and presented a very creditable appearance when finished,
but the numerous large and small vessels which I have seen, and, in
part, collected, in the “less advanced” districts, are no less so. We
moderns imagine that instruments of precision are necessary to
produce excellent results. Go to the prehistoric collections of our
museums and look at the pots, urns and bowls of our ancestors in the
dim ages of the past, and you will at once perceive your error.
MAKING LONGITUDINAL CUT IN
BARK

DRAWING THE BARK OFF THE LOG

REMOVING THE OUTER BARK


BEATING THE BARK

WORKING THE BARK-CLOTH AFTER BEATING, TO MAKE IT


SOFT

MANUFACTURE OF BARK-CLOTH AT NEWALA


To-day, nearly the whole population of German East Africa is
clothed in imported calico. This was not always the case; even now in
some parts of the north dressed skins are still the prevailing wear,
and in the north-western districts—east and north of Lake
Tanganyika—lies a zone where bark-cloth has not yet been
superseded. Probably not many generations have passed since such
bark fabrics and kilts of skins were the only clothing even in the
south. Even to-day, large quantities of this bright-red or drab
material are still to be found; but if we wish to see it, we must look in
the granaries and on the drying stages inside the native huts, where
it serves less ambitious uses as wrappings for those seeds and fruits
which require to be packed with special care. The salt produced at
Masasi, too, is packed for transport to a distance in large sheets of
bark-cloth. Wherever I found it in any degree possible, I studied the
process of making this cloth. The native requisitioned for the
purpose arrived, carrying a log between two and three yards long and
as thick as his thigh, and nothing else except a curiously-shaped
mallet and the usual long, sharp and pointed knife which all men and
boys wear in a belt at their backs without a sheath—horribile dictu!
[51]
Silently he squats down before me, and with two rapid cuts has
drawn a couple of circles round the log some two yards apart, and
slits the bark lengthwise between them with the point of his knife.
With evident care, he then scrapes off the outer rind all round the
log, so that in a quarter of an hour the inner red layer of the bark
shows up brightly-coloured between the two untouched ends. With
some trouble and much caution, he now loosens the bark at one end,
and opens the cylinder. He then stands up, takes hold of the free
edge with both hands, and turning it inside out, slowly but steadily
pulls it off in one piece. Now comes the troublesome work of
scraping all superfluous particles of outer bark from the outside of
the long, narrow piece of material, while the inner side is carefully
scrutinised for defective spots. At last it is ready for beating. Having
signalled to a friend, who immediately places a bowl of water beside
him, the artificer damps his sheet of bark all over, seizes his mallet,
lays one end of the stuff on the smoothest spot of the log, and
hammers away slowly but continuously. “Very simple!” I think to
myself. “Why, I could do that, too!”—but I am forced to change my
opinions a little later on; for the beating is quite an art, if the fabric is
not to be beaten to pieces. To prevent the breaking of the fibres, the
stuff is several times folded across, so as to interpose several
thicknesses between the mallet and the block. At last the required
state is reached, and the fundi seizes the sheet, still folded, by both
ends, and wrings it out, or calls an assistant to take one end while he
holds the other. The cloth produced in this way is not nearly so fine
and uniform in texture as the famous Uganda bark-cloth, but it is
quite soft, and, above all, cheap.
Now, too, I examine the mallet. My craftsman has been using the
simpler but better form of this implement, a conical block of some
hard wood, its base—the striking surface—being scored across and
across with more or less deeply-cut grooves, and the handle stuck
into a hole in the middle. The other and earlier form of mallet is
shaped in the same way, but the head is fastened by an ingenious
network of bark strips into the split bamboo serving as a handle. The
observation so often made, that ancient customs persist longest in
connection with religious ceremonies and in the life of children, here
finds confirmation. As we shall soon see, bark-cloth is still worn
during the unyago,[52] having been prepared with special solemn
ceremonies; and many a mother, if she has no other garment handy,
will still put her little one into a kilt of bark-cloth, which, after all,
looks better, besides being more in keeping with its African
surroundings, than the ridiculous bit of print from Ulaya.
MAKUA WOMEN

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