Professional Documents
Culture Documents
Summary 560
Key Terms 561
Key Cases 561
Questions For Review 561
Questions For Reflection 561
Notes 562
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
© 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.”
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).
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.
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.
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://
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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xxx
aCknowleDgmentS xxxi
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.
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DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI
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.