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CJ
REALITIES
and CHALLENGES

THIRD EDITION
 Contents vii

GANG ENFORCEMENT 233 Experiencing Stress 238

Patterns of Gang Activity 234 ■ Real Careers—Ryan Bal 239
Police Response to Gangs 235 Strategies for Coping with Stress 240
INTIMATE PARTNER VIOLENCE 235 SUMMARY 240
■ A Case in Point—Thurman v. City of Torrington (1984) 236 Review 241
Key Terms 242
STRESS 237 Study Questions 242
■ What about the Victim?—Providing Transition Assistance for Critical Thinking Questions 243
the Police Officer Returning from Combat Deployment 238

PART 3 Adjudication

C H A PTE R 8 Double Jeopardy: Protection from Repeated Trials for the

The Courts 245 Same Crime 281

COURT STRUCTURE AND JURISDICTION 246 PRETRIAL PROCESS 282

State Courts 247 Arrest and Booking 282
Federal Courts 249 The Criminal Complaint 282
Other Courts 250 Arraignment and Plea 283
Criminal Appeals 251 Probable Cause Hearing 283
Discovery 284
THE COURTROOM WORKGROUP 253
Pretrial Motions 285
Judges 253
Plea Bargaining 285
■ A Case in Point—Marbury v. Madison (1803) 255
Prosecutors 257 THE CRIMINAL TRIAL 287
■ Real Careers—Alma Valencia 259 Due Process: Providing Fair and Equitable Treatment 287
Defense Attorneys 259 ■ Real Careers—Sarah Cory 288
Burden of Proof and Standards of Proof 289
OTHER COURTROOM PARTICIPANTS 261
Stages of the Trial 290
Juries 261
Witnesses 263 ■ Matters of Ethics—A Jury of Your Peers? . . . Not Really 291
■ Race, Class, Gender—Race and Jury Decision Making 264 Bifurcated Trials 294
■ Matters of Ethics—Expert Witnesses: The Good, the Bad, SUMMARY 295
and the Criminal 266 Review 296
Victims in Courts 266 Key Terms 296
Study Questions 297
■ Disconnects—Junk Science in the Courtroom 267
Critical Thinking Questions 297
■ What about the Victim?—The Role of the Victim Advocate 268
Other Participants 269
C HAPTER 10
SUMMARY 269 Sentencing 299
Review 270
Key Terms 270 CONTEXT FOR SENTENCING 301
Study Questions 271 Eighth Amendment Protection against Cruel and
Critical Thinking Questions 271
Unusual Punishment 301
Habeas Corpus: Protection against Illegal Detainment 302
C H A PTE R 9
■ A Case in Point—Does Fairness Matter? 303
Pretrial and Trial 273
■ Real Careers—Sean Bernhard 304
DEFENDANT RIGHTS 274 Presentence Investigation Report 304
The Eighth Amendment: Bail 274 ■ What about the Victim?—Victim Impact Statements 305
The Sixth Amendment: The Right to Counsel and a
Speedy Trial 275 GOALS AND MODELS OF SENTENCING 305
■ Race, Class, Gender—Justice for All? 276 Indeterminate Sentences 307
■ A Case in Point—Supreme Court Reaffirms Right to Counsel at Determinate Sentences 308
Initial Appearance 278 Sentencing Guidelines and Mandatory Sentences 308
■ What about the Victim?—Balancing Victims’ and Offenders’ Rights Consecutive and Concurrent Sentences 310
to a Speedy Trial 280 Preventive Detention 311
viii Contents

■ Matters of Ethics—When Is a Mandatory Minimum ■ Race, Class, Gender—Exonerating the Innocent 321
Sentence Unjust? 312
SUMMARY 322
CAPITAL PUNISHMENT 314 Review 322
Key Terms 323
The Supreme Court and Capital Punishment 315
Study Questions 323
The Capital Punishment Trial 317 Critical Thinking Questions 323
Controversies Concerning Capital Punishment 318
■ A Global View—United Nations Resolution on a
Death Penalty Moratorium 319

PART 4 Corrections

CH A PTER 1 1 Victim Impact Panels and Classes 352

Overview of Corrections 325 Viewing Executions 353
DEFINING CORRECTIONS 326 UNDERSTANDING PRIVATE PRISONS 353
Private Prisons 353
ORIGINS OF CORRECTIONS 328
■ Matters of Ethics—Private Prisons 354
Early Forms of Confinement 328
Faith-Based Prisons 356
The Workhouse 328
The Future of Private Prisons 356
Transportation 329
■ A Global View—The Legacy of Penal Transportation and SUMMARY 356
Isla Maria Madre 330 Review 357
Key Terms 358
Hulks 331
Study Questions 358
Jails in Colonial America 331 Critical Thinking Questions 359
HISTORY OF CORRECTIONS IN THE UNITED STATES 332
C HAPTER 12
The Pennsylvania System and the Penitentiary 332
The Auburn System 333 Jails and Prisons 361
The Reformatory System 334 THE STRUCTURE OF CORRECTIONS 363
The Industrial Prison System 336 Jails 363
The Therapeutic Prison 336 Prisons 365
MODELS OF CORRECTIONS TODAY 338 Types of Prisons 368
Punishment Model 339 Prisoner Classification Systems 372
■ A Case in Point—Hawaii’s HOPE Program for High-Risk Correctional Staff 372
Probation Offenders 340 PRISONER RIGHTS 375
Crime Control Model 340 Due Process Rights 375
■ Real Careers—Isaac Torres 341 ■ Real Careers—Angela Solorzano 376
Rehabilitation Model 342 First Amendment Rights 377
Reintegration Model 342 LIFE IN PRISONS AND JAILS 378
PRISON POPULATIONS—WHO IS BEHIND BARS? 343 The Inmate Subculture 378
Trends in Inmate Population Numbers 344 ■ Matters of Ethics—Prisoners as Research
Public Safety Realignment Policy 346 Subjects 379
■ What about the Victim?—Implications for Victims of California’s Institutional Gangs and Prison Violence 380
Prison Realignment Policy 347 ■ A Global View—A Different Kind of Prison: Venezuela’s
■ Race, Class, Gender—Treating Women in Prisons . . . as San Antonio Prison 383
Second-Class Citizens of the System 348 Illegal Drugs 385
Differences by Gender and Race 349 Solitary Confinement 386
Types of Offenders 349 WOMEN IN PRISON 387
Federal Prison Inmates 350 The Female Prison Population 387
State Prison Inmates 350 Characteristics of Women’s Prisons 387
Noninstitutional or Community Corrections 350 How Women Do Time in Prison 388
VICTIM INVOLVEMENT IN CORRECTIONS 351 ■ Race, Class, Gender—A Pregnant Inmate Program 389

Victim Services within Institutions 352 Problems of Incarcerated Women 389


REHABILITATION AND TREATMENT IN PRISON 391
Inmate Labor 391
■ Disconnects—Diving for Rehabilitation 393
Treatment Programs 393
■ A Case in Point—The National Emotional Literacy
Program for Prisoners 394
The Needs of Special Populations 395
THE IMPACT OF PRISON ON FAMILY LIFE 400
SUMMARY 401
Review 401
Key Terms 402
Study Questions 403
Critical Thinking Questions 403
C H A PTE R 13
Community Corrections 405
DEFINING COMMUNITY CORRECTIONS 406
PROBATION 407
Purpose and Goals of Probation 407
Traditional Conditions of Probation 408
Intensive-Supervision Probation 409
Who Serves Probation? 411
Roles and Tasks of the Probation Officer 411
■ Race, Class, Gender—Celebrity Justice 412
How Successful Is Probation? 413
■ Matters of Ethics—Relationships between Correctional
Personnel and Offenders 414
The Future of Probation 415
PART 5 Special Issues
C H A PTE R 14
Understanding and Helping Victims
RECOGNIZING VICTIMIZATION 440
■ What about the Victim?—The Words of Crime Victims Are
Often Timeless Truths 442
THE ORIGINS OF VICTIM ADVOCACY 442
The Sign of Abel 443
Social Forces Leading to the Victims’ Rights Movement 443
WORKING WITH VICTIMS 445
Victim Advocates 446
■ Race, Class, Gender—Charleston Shooting 448
■ Real Careers—Lia Chacon 449
Death Notification 450
Crime Victim Compensation 451
Victim Recovery 451
■ A Global View—Victim Compensation Programs in
Foreign Countries 452
■ A Case in Point—The Killings at Sandy Hook Elementary
School 455
Vicarious Trauma 455
Contents ix
PAROLE 415
Purpose and Goals of Parole 415
Who Is Paroled? 417
Roles and Tasks of the Parole Officer 419
■ A Case in Point—Parole and the Jaycce Dugard Case 419
How Successful Is Parole? 420
Challenges to Parole 420
INTERMEDIATE SANCTIONS 421
Community Service 422
Restorative Justice 423
Restitution, Fines, and Forfeitures 424
■ Disconnects—What Is an appropriate Fine? 425
Mediation 426
House Arrest 426
Electronic Monitoring 427
Shock Programs 427
Sex Offender Registers and Tracking 428
■ What about the Victim?—Jessica’s Law—and Its Unintended
Consequences 429
Community Centers 431
Work and Study Release Programs 431
OTHER TYPES OF COMMUNITY CORRECTIONS 432
■ Real Careers—Malissa Minard 433
SUMMARY 435
Review 435
Key Terms 436
Study Questions 436
Critical Thinking Questions 437
TYPES OF VICTIM SERVICE ASSISTANCE 456
439 Crisis Intervention 456
Hotlines 456
Shelters and Transitional Housing 457
■ Real Careers—Tina Figueroa-Rodriguez 458
Sexual Assault Resource Centers 459
Sexual Assault Nurse Examiners 460
Community Education and Outreach 460
■ Matters of Ethics—When a Survivor Wants to
Meet the Offender 461
VICTIM ASSISTANCE FOR ELDER ADULTS 461
Adult Protective Services 462
TRIADs 462
COLLABORATIVE RESPONSES TO VICTIMS 463
Intimate Partner Violence Councils 463
■ Disconnects—When Victims Are Revictimized 464
Sexual Assault Response Teams 464
Specialized Units 465
Restorative Justice 465
x Contents

SUMMARY 467 C HAPTER 16

Review 467 Evolving Challenges in Criminal Justice 507
Key Terms 468
Study Questions 468 FIGHTING CYBERCRIME 509
Critical Thinking Questions 469 Extent of Cybercrime 510
Detection and Investigation 510
CH A PTER 1 5 ■ What about the Victim?—Sexual Solicitation via the Internet 511
Juvenile Justice 471 Prevention Strategies 512
A BRIEF HISTORY OF JUVENILE JUSTICE 472 TARGETING IDENTITY THEFT 513
Early Methods of Control 473 A Contextual Framework for Combating Identity Theft 514
The Child Saving Movement 474 Prevention Strategies 514
JUVENILE CRIME TODAY 475 COMBATING TERRORISM 515
Causes of Juvenile Delinquency 475 Terrorism and the Law 516
Measuring Juvenile Crime 476 ■ Real Careers—Amy Zelson Mundorff 517

POLICE AND YOUTH CRIME 478 ■ Matters of Ethics—Airport Security Technology in the

Police Discretion 479 United States 518

Police in the Neighborhoods and Schools 479 Terrorism and Intelligence 518
■ Matters of Ethics—Policing the Schools 480 Prevention Strategies 519
■ A Case in Point—The Fusion Center Approach to Preventing
THE MODERN JUVENILE COURT SYSTEM 481 Terrorism 520
Juvenile Court Jurisdiction 481
PROSECUTING HATE CRIMES 521
Juvenile Court Waivers 483
■ Race, Class, Gender—The Killing of Onesimo “Marcelino”
■ Race, Class, Gender—Minority Youth Sentenced to Life without
Lopez-Ramos 523
Parole 484
Landmark U.S. Supreme Court Cases 485 CONTROLLING CIVIL DISORDER 523
■ A Case in Point—Gerald Francis Gault Has His Day in Causes of Civil Disorder 523
Supreme Court 486 Prevention Strategies 525
■ Disconnects—Punishing Truancy 488
SAFEGUARDING CIVIL LIBERTIES 525
PROCESSING JUVENILE OFFENDERS 489
MEETING EMERGING CHALLENGES IN VICTIMOLOGY 526
Arrest 489
Victims with Disabilities 527
Intake 490
Immigrant Victims 528
Diversion 491
■ Disconnects—Helping or Hurting Victims with Disabilities? 529
Preventive Detention 491
LGBTQ Victims 530
Adjudication 492
Hate Crime Victims 532
Disposition 492
Victims with Posttraumatic Stress Disorder 532
Sealing and Expunging Juvenile Records 493
SUMMARY 533
JUVENILE CORRECTIONS 494
Review 534
Incarceration 494 Key Terms 535
Types of Juvenile Correction Facilities 495 Study Questions 535
■ Real Careers—Erica Knutsen 496 Critical Thinking Questions 535

Alternatives to Incarceration 498

■ Real Careers—Julia Martinez Morris 499 APPENDIX: THE BILL OF RIGHTS 537
■ A Global View—Preventing Youth Violence in Croatia 500
GLOSSARY 539
VICTIMIZATION AND VICTIM SUPPORT SERVICES 500
ENDNOTES 547
■ What about the Victim?—Consequences of Child
Victimization 501 CREDITS 581
Child Protective Services 501 CASE INDEX 583
Mandatory Reporting Laws 502
NAME AND SUBJECT INDEX 585
Court-Appointed Special Advocates 502
SUMMARY 503
Review 503
Key Terms 504
Study Questions 504
Critical Thinking Questions 505
A Note from the
Author Team

As both practitioners and academics, we have endeavored to

write a compelling, contemporary, and fact-based account of

vital American institutions. We understand that this course is

faculty’s first chance to engage students in a meaningful expo-

sure to the ideals of the American criminal justice system.

CJ: Realities and Challenges, Third Edition, translates the pas-

sion that we feel in the classroom into a learning program that

nourishes students’ enthusiasm for the field while dispelling

widely held myths.

CJ: Realities and Challenges, Third Edition, encourages stu-

dents to think critically about how the American criminal justice

system operates in practice. Recognizing the myths and inter-

preting the facts underlying the system lead to an appreciation

of its complexities. Students who succeed in this course will

emerge with a realistic understanding of the system and of the

opportunities that await them if they should choose to pursue a

career in criminal justice.

xi
 OBSERVE I N V E S T I G AT E U N D E R S TA N D
A Critical Thinking Approach
to Criminal Justice
CJ: Realities and Challenges, Third Edition, takes a critical thinking approach to exam-
ining traditional and emerging issues and topics in criminal justice. A three-part frame-
work—Observe, Investigate, Understand—asks students to:

OBSERVE the core principles underlying the criminal justice system.

INVESTIGATE how these foundational principles are applied in the real world.

UNDERSTAND how and why these principles and practices are still evolving.

6 Policing
Operations
OBSERVE

■
I N V E S T I G AT E
After reading this chapter, you should be able to:
Identify the principal policing roles.
Compare the various policing strategies.
Describe the different jobs in policing.
U N D E R S TA N D

Explain how police departments strive to maximize their resources.

■ Identify the factors that shape public opinion about the police.
■ Compare the service needs of diverse populations.

mas40943_ch06_174-209.indd 174-175 1/25/16 6:33 PM

Each chapter opens with a series of learning objectives tied to this framework. These
goals are explored in the chapter using vivid examples to reinforce student learning.
At the end of each chapter, this same framework is used to recap key concepts and
xii
 Even though the media regularly highlight incidents of police brutality and racial profiling, the public
generally supports the police, with the level of support higher among Whites than among people of color.
Most people expect that the police will keep everyone safe, but in fact most violent crimes occur among
persons who know each other. Expecting the police to prevent violent acts by one family member against
another, or by a friend against a friend, is a tall—and unrealistic—expectation.

OBSERVE I N V E S T I G AT E U N D E R STA N D conclusions. Students revisit

chapter-specific learning objec-
Review
tives in Connect Criminal Justice,
Identify the principal policing roles. ■ A follow-up investigation occurs after a patrol officer docu-
ments the facts of the crime.
■

■
A major part of the workload of police is maintaining order.
Police engage in law enforcement when they enforce criminal ■ Police are the primary public safety agency in charge of
where all activities are linked
law and apprehend lawbreakers. enforcing traffic laws.
■ Service activities are nonenforcement actions performed on an ■ Communications coordinates the performance of law specifically to these learning
as-needed basis. enforcement activities.

Compare the various policing strategies.

■ In preventive patrol, officers are assigned to randomly drive or
walk around an area.
■ Problem-oriented policing focuses on discovering the
underlying causes of problems and encouraging police to find
innovative solutions to solve those problems.
■ Community-oriented policing emphasizes reducing crime and
disorder by involving residents in the job of policing.
■ Aggressive order maintenance entails that police focus on
minor public order offenses that affect residents’ quality of life.
Describe the different jobs in policing.
■ The rookie police officer quickly learns the realities of police
work while working under the guidance of a training officer.
■ Patrol officers are the first individuals to respond to a call
for service.
■ Custody is the incarceration of parties either accused or
convicted of a crime.
­outcomes.
■ Forensics is the application of scientific knowledge and
methods to criminal and civil investigations and legal
procedures, including criminal trials.
Explain how police departments strive to maximize
their resources.
■ Departments use geographic information systems (GIS)
technology to produce detailed descriptions of crime occur-
rences and to analyze the relationships between variables such
as location and time. This information helps police know how to
respond to an incident.
■ CompStat is a computerized information system that
integrates information from crime maps across the
community for department leaders’ review. This informa-
tion helps police administrators decide how to allocate
their resources.

mas40943_ch06_174-209.indd 207 3/28/16 8:08 PM

The OBSERVE INVESTIGATE  ­UNDERSTAND

framework helps students make logical connections between the p
­ rinciples
and the practices of criminal justice. As a case in point, in Chapter 6,
“Policing Operations,” students learn about the varied tactics of community
policing, including foot patrol. Reading the opening vignette, students
­OBSERVE how the city of Philadelphia has used foot patrol in high-
crime areas. The chapter narrative then guides students to
­INVESTIGATE effective policing strategies, which may include foot
patrol. This discussion leads students to ­UNDERSTAND the diffi-
culties law enforcers face in their efforts to prevent crime, as well as the
varied consequences of the strategies they choose to employ. In these
ways, the OBSERVE  ­INVESTIGATE ­UNDERSTAND
pedagogy actively involves students in making connections and explor-
ing ideas that support learning.

xiii
Probing the Myths and the
Realities of Criminal Justice
Another main goal of this text is to erase rampant misconceptions
about the criminal justice system. We created the M Y T H / R E A L I T Y
feature to reinforce the text’s real-world basis. Integrated throughout
the chapters, M Y T H / R E A L I T Y selections challenge students to
reflect critically on their own beliefs and to develop an understanding
of the way the system actually works. Each entry is connected to a
broader discussion that uses supporting data to explain a key principle.
Among the persistent myths we investigate are:

• Older adults are more likely to be victimized than people in any

other age group. (Chapter 2, “Types of Crime”)
• Police must always read suspects their Miranda rights. (Chapter 7,
“Legal and Special Issues in Policing”)
• Drug offenders are treated leniently by the criminal justice system.
(Chapter 10, “Sentencing”)
• Juvenile crime rates are skyrocketing. (Chapter 15, “Juvenile
Justice”)

OBSERVE I N V E S T I G AT E U N D E R S TA N D
Reality-Relevant Special Features That
Reinforce the Text’s
Framework
CJ: Realities and Challenges, Third Edition, offers an array of special-
feature boxes that highlight and reinforce the Observe, Investigate,
Understand framework:

• Matters of Ethics explores moral dilemmas and problems that

may arise in various criminal justice scenarios and settings; see,

xiv
 Contents xv

for example, Chapter 8’s selection,

“Expert Witnesses: The Good,
the Bad, and the Criminal,” and Matters of Ethics
Chapter 11’s example, “Private Prisons.” Private Prisons
The fact that private prisons are lucrative business has led to charges of

• A Case in Point links key text corruption in several states. For example, in 2010 the New Mexico cor-
rections secretary refused to penalize a private prison contractor for immigration law in Arizona that would yield hundreds of millions of dollars
understaffing prisons it operated—a violation of its contract with the in revenue by increasing the number of illegal immigrants detained in their

concepts to actual events and cases. state. New Mexico lost more than $18 million in penalties due to this lack
of contract enforcement. The state saved money, but at the expense of
private prisons. The prison companies not only lobbied hard for this legisla-
tion, they also contributed to the governor’s electoral campaign. In addi-
adequately staffing the prison. It turns out that the corrections secretary tion, two of the governor’s top advisers were former lobbyists for private
in New Mexico was a former employee of and a warden for the same prison companies. The governor signed the immigration bill and has advo-
• A Global View compares American private prison corporation. Furthermore, the prison corporation had
been accused of unfair political activity by contributing to the campaign
cated the privatization of the prisons housing these immigrants.

of a candidate for sheriff while using unregistered lobbyists to secure a

justice to international justice. lease renewal of a jail it operated.
In another case, a private prison company took advantage of the
OBSERVE INVESTIGATE UNDERSTAND
small town of Hardin, Montana. It convinced the town to sell $27 million ■ What is a compelling argument for barring current or former
in bonds for the construction of a facility that was built but never used.
• Disconnects explores the gap
employees of private prison corporations who assume political
The bonds have since gone into default. office from developing contracts with private prison corporations?
Arizona, too, has seen private prisons entangled with politics. In 2010 ■ Should states be allowed to contract with private corporations to
the two major nationwide prison corporations helped draft a tough new
between the intent of policies and law ■
incarcerate prisoners? Why or why not?
Might prisoners be subject to longer incarceration in private pris-
ons than in government-run facilities? Explain.
and their application in the real world.
SOURCES: Trip Jennings, “No Penalties for Understaffed Private Prisons,” New Mexico
Independent, September 2, 2010; Trip Jennings, “Corrections Secretary’s Previous Work
for Private Prison Operator Highlighted,” New Mexico Independent, September 7, 2010;
Trip Jennings, “NM Could Have Repeatedly Fined Private Prisons for Low Staffing
Levels,” New Mexico Independent, September 10, 2010; Trip Jennings, “Corrections
Gave Up $18 Million in Uncollected Penalties,” New Mexico Independent, September 15,
2010; East County Magazine, “Private Prison Group Uses Unregistered Lobbyists while
Giving Money to Sheriff Gore.” www.eastcountymagazine.org/node/3463 (retrieved
December 31, 2010); Matthew Reichback, “Private Prison Developer Behind Montana
Fiasco Involved in Construction of NM Private Prisons,” New Mexico Independent,
October 12, 2009; Trip Jennings, “Private Prisons Pushed for AZ Immigration Law,” New
Mexico Independent, October 28, 2010; Casey Newton, Ginger Rough, and J. J. Hensley,
“Arizona Inmate Escape Puts Spot’light on State Private Prisons: Questions Arise over
Safety Standards, Taxpayer Savings,” Arizona Republic, August 22, 2010; Michael Birley,
“Private Prison Companies Have Significant Ties to Arizona Immigration Law SB 1070,”
San Francisco Examiner, October 29, 2010. www.examiner.com/crime-in-san-francisco/
private-prison-companies-have-significant-ties-to-arizona-immigration-law-sb-1070
onduct for one group (retrieved January 5, 2011).

rms of another group,

onflict.93 Crime may
ture conflict, but not
lts in law violation.
What about the Victim? Trends in Privatization in Corrections In 1983, private, for-profit, prison-building
corporations began competing for contracts with local, state, and federal govern-
ments, mostly in southern states with high crime rates, large prison populations,
ctim?” box illustrates Victims of Culture Conflict weak labor unions, and strong right-to-work laws restricting union activity. Now
almost every state contracts with private firms to manage the incarceration of
t. In 2010, the TLC Network launched a reality television show offering a glimpse juvenile and adult inmates. The number of private jail and prison beds continued
to grow until 2013. According to the Bureau of Justice Statistics, the private
into the daily lives of the Brown family, whose members are living a plural family
ns: Social Process lifestyle in Lehi, Utah. The show, Sister Wives, features the husband, Kody, his Race,Class,Gender prison population for federal and state inmates declined by 3 percent from 2012
to 2013. Private prisons at the end of December 2013 housed 8 percent of all
4 wives, and their 13 children and 3 stepchildren. Though legally married only to inmates (a total of 133,000).

lity results from a his first wife for many years, Kody legally divorced her to legally marry his fourth Gender and Crime
Costs of Privatization Although
According to National Crime Victimization data of juvenile victims
thedespite
original rationale for use of private prisons
(ages 12–17), the increase in female violence, males continue to
nteractions with oth- wife. The sister wives claim the legal divorce and marriage was a joint family Females represent a small but increasing was percentage of thesavings,
financial offending private
commitprisons are in
certain violent factwith
crimes no greater
less expensive
frequency thantodooperate
females,
decision. Kody has had marriage rituals with the other three women and calls population in the United States for all crimes.thanIn government-run
2010, there were ap- prisons. 128
To realize
including intimate savings,
partner violence, some
stalking, private
aggravated prisons
assault, cut
forcible rape,
ions, social process proximately 1.6 million people in state and federal institutions, of whom robbery, and murder. In 2010, juveniles of both genders were equally likely to
them his wives, and they refer to him as their husband. All the wives entered into 113,000
354 were female offenders. Almost half of incarcerated females are experience a violent crime such as rape, robbery, or aggravated assault.g
in the developmen- the polygamist lifestyle voluntarily. In fact, the wedding planning for Brown’s White, whereas 32 percent of incarcerated males are White. Black males
linquent or criminal fourth ceremony and reception was the focus of one of the series’ episodes.
(37 percent) make up the largest portion of incarcerated males. Black
females (22 percent) were imprisoned at a rate twice that of White fe- OBSERVE INVESTIGATE UNDERSTAND
social process theory This show is an excellent illustration of culture conflict—in this case, how not males (113 per 100,000 for Black females versus 51 per 100,000 for
■ What might explain why a larger proportion of incarcerated women
White females).a Since
mas40943_ch11_324-359.indd 354 2000, the growth in the incarceration rate of fe- 4/21/16 8:02 PM
ch as poverty, social only the norms but also the laws of mainstream society clash with fundamentalist males in state or federal institutions increased 21 percent in comparison than men presents with mental health problems?
disorders, emphasizing Mormon values. The modern Mormon to only 15 percent for males.b ■ Why do you think the rate of murders committed by women has

Although males represent the largest percentage of prison inmates, declined since 1980?
teraction with others, Church has not advocated polygamy female inmates present with more mental health problems than do males. ■ The statistics indicate that females are becoming more violent than

reinforcement, role- since 1890; however, an estimated A 2006 study of the mental health of those incarcerated found that 23
ever before, but not for murder. What might explain this finding?
percent of females both in state facilities and in local jails were diagnosed
38,000 fundamentalist Mormons con-
nd reaction of others with a mental health problem, compared to 8 and 9 percent of male
tinue to believe in, and practice, multiple inmates, respectively.c SOURCES: aE. Anne Carson, “Prisoners in 2013,” Bureau of Justice Statistics Bulletin
oncepts in social pro- marriage secretly in the United States. Males offend with significantly greater frequency than do females, and (Washington, DC: U.S. Department of Justice, September 16, 2014), NCJ 247282. www.
bjs.gov/index.cfm?ty=pbdetail&iid=5109 (retrieved May 18, 2015).
in general male offenders are more likely than are female offenders to be vio- b
ooking-glass self, label- Although rarely prosecuted unless Lauren E. Glaze and Danielle Kaeble, “Correctional Populations in the United States,
lent. Women are much less likely than men to commit assault or murder, and 2013.” Bureau of Justice Statistics, December 19, 2014, NCJ 248479. www.bjs.gov/index.
tial association. children are being harmed, bigamy is a the rate of murders committed by women has declined since 1980.d Yet the cfm?ty=pbdetail&iid=5177 (retrieved May 18, 2015).
data show that women increasingly are engaging in violent crimes. A study cDoris J. James and Lauren E. Glaze, “Mental Health Problems of Jail and Prison Inmates,”
eveloped the idea of crime in Utah, punishable by a sentence that examined the gender of violent felons in the 75 largest counties from Bureau of Justice Statistics Special Report, September 2006, NCJ 213600. www.ojp.us-
n 1902 based on his of up to five years in prison. A person may be found guilty of bigamy in Utah 1990 to 2002 found that males were responsible for 91 percent of all violent doj.gov/bjs/pub/pdf/mhppji.pdf (retrieved December 20, 2008).
felonies and females for 9 percent.e The most recent data, from 2008, dLawrence Greenfield and Tracy Snell, “Women Offenders,” Bureau of Justice Statistics
efine ourselves by the through cohabitation—not just by entering into legal marriage contracts. By support previous statistics: At year-end 2008, there were 1,267,400 males Special Report (Washington, DC: U.S. Department of Justice, December 1999).
going public, the Browns exposed themselves to possible criminal prosecution, incarcerated in state facilities as compared to 94,800 women. When eBrian A. Reaves, “State Court Processing Statistics, 1990–2002: Violent Felons in Large
e perceive that others comparing males and females in specific crime categories, the statistics from Urban Counties,” Bureau of Justice Statistics, July 2006. www.ojp.usdoj.gov/bjs/pub/pdf/
and the state of Utah launched an investigation. In 2012 Utah’s case against, the year-end 2008 indicate that 53.8 percent of males and 35.6 percent of f
vfluc.pdf (retrieved December 28, 2008).
rt, dumb, responsible, Brown parents under the state’s bigamy statute was dismissed. However, the women were incarcerated for violent crimes; 17.7 percent of males and Heather C. West, William J. Sabol, and Sarah J. Greenman, “Prisoners in 2009” (Wash-
ington, DC: Bureau of Justice Statistics, December 2010, NCJ 231675). http://bjs.ojp.
criminal, we learn to family is continuing its suit against Utah’s bigamy law. 29 percent of females were incarcerated for property crimes; and usdoj.gov/content/pub/pdf/p09.pdf (retrieved July 3, 2011).
17.8 percent of males and 26.9 percent of females were incarcerated for gNicole White and Janet L. Lauritsen, “Violent Crime against Youth, 1994–2010,” Bureau
ays. How we see our- The Brown family adults decided to come out of the closet with their life- drug crimes. As these data indicate, while males are committing more violent of Justice Statistics, December 2012, NCJ 240106. www.bjs.gov/content/pub/ascii/
crimes, females are committing more property and drug crimes.f
who we become and style to help others understand that they are deeply committed to one another, vcay9410.txt (retrieved May 19, 2015).

rson who sees himself their children, and their family structure and to show that their children are well
y to commit criminal adjusted. Moreover, the parents do not want their children to have to live in
current, former, or would-be intimate partner. In these cases, the stalking is a
secrecy or shame, denying to others the truth about their family.
mself as a law-abiding form of abuse, used to control the victim.150
There are other differences in the incarceration rates and types of crimes
ommit criminal acts.
associated primarily OBSERVE I N V E S T I G AT E U N D E R S TA N D • Real Careers profiles recent graduates who have committed by males and females. The “Race, Class, Gender” box on page 68
highlights these patterns based on gender.
related to the theory
elf. Labeling theory
■ Are the Browns’ 16 children victims of their parents’ lifestyle choice? chosen a career
SUMinM criminal
ARY justice.
Explain. For 20 years after the FBI began compiling its Uniform Crime Reports in 1973, the incidence of serious
complicated route a
• Real Crime Tech illuminates the ways in which
violent crimes increased in the United States. After peaking in the early 1990s, the number of both
■ Is it emotionally abusive to raise children in a lifestyle for which the
g criminal, progressing violent crimes and property crimes reported to police has been declining, and rates of victim-reported
parents might be arrested and go to jail? Why or why not?
f criminality, and the and police-reported crime have been converging, for reasons not entirely understood.

defining a person as
■ Is it emotionally abusive to raise children in a lifestyle that makes it difficult
for them to fit into the dominant society, or that makes it impossible for
technology is currently used in a range of criminal Other important trends also stand out. On a global scale, the United States has a high murder rate,
and within this country, murder rates are highest in the South. Males are more frequently victimized by
this theory, the social
nces has the potential
them to have privacy? Why or why not? justice situations and settings. all categories of violent crime except rape and intimate partner violence. Women are less likely to report
a violent attack—especially rape, a crime in which perpetrator and victim very often know each other.
■ Do some research into other cases in which culture conflict has resulted Children are more frequently victimized by violent crime than are older people. Despite the great fear
“bad” or “good,” and
because others do not
in law violation.
• Race, Class, Gender traces the experiences of
68
that crimes against people evoke, almost 10 times as many crimes against property are reported.

The label is powerful

criminal in his or her
SOURCES: Jennifer Dobner, “Police Investigating Family in ‘Sister Wives’ Show,” KOMOnews.
com, November 30, 2010. www.komonews.com/news/entertainment/103940544.html people who historically have been left behind in
(retrieved November 30, 2010); “Sister Wives’ Lawsuit: Kody Brown and Family Suing Utah over
e eyes of others. Once
d internalizes a label,
Bigamy Law,” Huffingtonpost.com, July 25, 2012. http://www.huffingtonpost.com/2012/07/
25/sister-wives-lawsuit-kody-brown-utah-bigamy-law_n_1701450.html (retrieved January 5,
the process of criminal justice.
mas40943_ch02_028-071.indd 68 4/26/16 9:32 AM

llow. Criminals often 2013); Esther Lee, “Sister Wives Stars Say Polygamist Kody Brown’s Divorce, New Marriage Will
these labels, and it is ‘Legally Restructure’ Family,” US Weekly, February 4, 2015. http://www.usmagazine.com/
celebrity-news/news/sister-wives-divorce-brown-family-to-legally-restructure-201542
• What about the Victim? reminds us that the
nd change their labels,
mation difficult.96
(retrieved April 18, 2015).
criminal justice story is also about the victim.
99
xv
An Author Team That’s
Connected to the Real World
CJ: Realities and Challenges, Third Edition, provides a uniquely
i­nterdisciplinary view of criminal justice not found in any other text. As both
academics and practitioners with diverse backgrounds in law enforcement,
the courts, corrections, and victim services, we provide a comprehensive,
contemporary, and realistic perspective on these vital institutions.
We wrote this text using a highly collaborative process. To ensure
that each branch of the criminal justice system was thoroughly repre-
sented, we organized our research, writing, and editing efforts as a
peer review circle. Each chapter was the product of an ongoing, itera-
tive review by the entire author team. The result of this synergistic
effort is a unified voice providing a balanced, insightful point of view
that is informed by the experience of the entire author team and has
been affirmed by the feedback of course instructors.
We encourage students to read this text much in the spirit in which
it was created: to have an open mind, think critically, engage in discus-
sion, and exploit the wide knowledge and practical experience repre-
sented by the author team. Our collective experience demonstrates
the need for collaboration in addressing the complexity of the criminal
justice system.

The Authors
Ruth E. Masters, Ed.D.
Professor Emerita, Department of Criminology,
California State University, Fresno. Expertise: Ruth
­ lished Hunting for ‘Dirtbags’: Why Cops Overpolice the
E. Masters’s specialties are corrections, correctional
counseling, drug addiction, criminological theory,
and cross-cultural administration of justice. She has
worked for the California Department of Corrections
(now California Department of Corrections and
Rehabilitation) as a Parole Agent supervising addicted
adult felons. She has been teaching criminology
since 1972.
Lori Beth Way, Ph.D.
Associate Dean of Academic Planning and Professor
of Criminal Justice, San Francisco State University.
Expertise: Lori Beth Way’s research and teaching
areas include policing, the courts, and issues of race,
xvi
class, and gender. Her policing research primarily
focuses on police behavior and discretion. She pub-
Poor and Minorities with Northeastern University
Press in 2013. She was the director of a U.S. Depart-
ment of Justice Violence Against Women Campus
Grant for Chico State, where she was a faculty mem-
ber for 14 years, and Butte College, where she was
a police academy instructor. She also has a master’s
certificate in Women’s Studies from Syracuse Uni-
versity, where she earned her doctorate.
Phyllis B. Gerstenfeld, J.D., Ph.D.
Chair and Professor, Department of Criminal Justice,
California State University, Stanislaus. Expertise:
Phyllis Gerstenfeld has a law degree as well as a
Ph.D. in Social Psychology. Her primary areas of
 Preface xvii

research include hate crimes, juvenile justice, and research. He has worked as a criminal justice planner,
psychology and law. She has published a monograph as a police officer, as a warden of a prison, as a direc-
and co-edited an anthology on hate crimes. She has tor of a program evaluation unit, and as a director of
worked for a large private law firm as well as a an international victimology research institute in
public legal services agency and has been teaching Japan. He is the founding and immediate past editor-
criminal justice since 1993. in-chief of the online journal International Perspectives
in Victimology. He has taught criminology since 1966
Bernadette T. Muscat, Ph.D.
and victimology since 1976. The American Society of
Interim Associate Dean, College of Social Sciences,
Victimology has named the John P. J. Dussich Award
and Professor, Department of Criminology, California
in his honor, and gives it each year to a person who
State University, Fresno. Expertise: Bernadette Mus-
has made significant lifelong achievements to the
cat has worked with victims of domestic violence
field of victimology. The National Organization for
by serving as a legal advocate and by providing
Victim Assistance’s service award in 1980 was named
counseling, education, and legal advocacy in shelter
the “John Dussich Founder’s Award,” to be given to
and court environments. She has worked with law
individuals who perform outstanding service on
enforcement agencies, victim service programs, and
behalf of NOVA. He was recently awarded the pres-
court programs in program and policy development,
tigious 2016 Ronald Wilson Reagan Public Policy
evaluation, research, and training to ensure effective
Award. This award “honors those whose leadership,
administration of victim assistance. She works exten-
vision, and innovation have led to significant changes
sively with local, state, and national level multidis-
in public policy and practice that benefit crime
ciplinary task force groups to address family violence
victims.” The award is given by the U.S. Office for
­
and violence against women. She has worked with
Victims of Crime, and the nominee is approved by
the California Office of Emergency Services (OES)
the U.S. Attorney General.
Victim Witness Division on the creation and imple-
mentation of the California State Victim Assistance Candice A. Skrapec, Ph.D.
Academy (CVAA) to provide 40-hour training to vic- Professor, Department of Criminology, California
tim service practitioners throughout California. State University, Fresno. Expertise: Candice Skrapec
is a psychologist and criminologist. For the past
Michael Hooper, Ph.D.
30 years she has maintained her research focus on
Lecturer, Department of Criminology and Criminal
psychopathy and serial murder (particularly in
Justice Studies, Sonoma State University. Expertise:
terms of underlying biological and psychological
Michael Hooper began his involvement with the
factors) and continues her interviews of incarcer-
criminal justice system as a member of the Los
ated serial murderers in different countries. Her
Angeles Police Department. His 23 years of LAPD
professional works and academic research result in
experience encompassed positions as a patrol officer,
regular calls from the media, movie and documen-
field supervisor, and watch commander. This was
tary producers, as well as authors of fact and fiction
followed by five years of service on the Criminal
books in the areas of serial murder and investiga-
Justice Program faculty at Penn State University’s
tive profiling. With over 30 years of experience in
Capitol Campus. He subsequently served 13 years
the law enforcement field working with officers
as a bureau chief at the California Commission on
and agencies in Canada, the United States, and
Peace Officer Standards and Training.
Mexico, she is also frequently consulted by police
John P. J. Dussich, Ph.D. around the world to assist in the investigation of
Professor Emeritus, Department of Criminology, homicide cases. She has taught a wide range of
California State University, Fresno. Expertise: John
­ criminology courses since 1988 and has trained
P. J. Dussich is one of the world’s leading authorities police and correctional officers in different coun-
on victimology, victim services, criminology, victimo- tries in the areas related to her academic research
logical theory, and criminological and victimological and professional experience.
 ®

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CJ: Realities and Challenges
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These supplements are available on the Instructor Resources sections
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• Instructor’s Manual. Provides a comprehensive guide to teaching
the introductory course using CJ: Realities and Challenges, including
chapter guides that feature learning objectives, chapter previews and
reviews, detailed outlines, lecture summaries, additional lecture ideas,
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• PowerPoint Slides. The PowerPoint slides provide instructors with
dynamic lecture support and include chapter outlines and key figures.
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clips to be used in their CJ classes. Using the Internet as a resource, we
provide a dynamically updated annotated index of CJ-related video
clips that can be viewed online. The list is organized both by chapter
and topic.
• State Supplements. A collection of useful background essays on the
unique histories and development of laws in key states, including
California, Texas, and Florida.
• Quizzes. Provides multiple-choice, true-false, and critical thinking
questions for each chapter.
• Careers and Internships. Offers students additional information about a
wide variety of careers in criminal justice and how to prepare for them.
 Preface xxi

• Source Connection. Links to source material for each chapter give the
student an opportunity to explore individual cases more deeply.
• Internet Exercises. Provides research and interpretive activities
associated with Internet sites related to criminal justice.

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xxii Preface
Chapter-by-Chapter Changes
PART 1:
CRIME, LAW, AND THE CRIMINAL
JUSTICE SYSTEM
Chapter 1: What Is the Criminal Justice System?
• New Realities and Challenges vignette, “Media
Portrayals of Real Crime: Fact or Fiction?”
• New A Global View box, “How U.S. Legal Norms
Differ from Those in Singapore: The Case of
Michael Fay”
• Updated discussion of changing views on marijuana
use and trends toward decriminalization
• Revised Disconnects box, “Evolution of Marijuana Laws”
Chapter 2: Types of Crime
• New Realities and Challenges vignette,
• New A Global View box, “Measuring Crime around
the World”
• Updated A Case in Point box, “Michigan’s Task Force
Approach to Violent Crime Reduction”
• New mass murder example focusing on the
Hawke-Petit case
• New Matters of Ethics box, “Ethical Issues When
Dealing with Treatment of Offenders or Victims”
• Updated coverage of legalization of marijuana for
recreational use
• Updated statistics of state and federal prisoners
convicted of drug offenses
• Discussion of drug and alcohol use among veterans of
Iraq and Afghanistan
• Updated Real Crime Tech box, “Emerging Drug-Testing
Technologies”
• Updated Race, Class, Gender box, “Gender and Crime”
• Updated crime statistics
• Updated material on immigration offenses
Chapter 3: Causes of Crime
• New Realities and Challenges vignette, “Theater 9 at
Century 16: 12 Dead, 70 Wounded”
• Updated, expanded Real Crime Tech box, “Lie
Detection by Brainwave Analysis”
• Updated Matters of Ethics box, “Revising the DSM: A
Process on Trial in the Court of Professional Opinion”
• Updated and expanded discussion of mental
disorders
• New A Case in Point box, An Awakening in India for
Women: A Rape in New Delhi
• New What about the Victim? box, “Victims of Culture
Conflict”
• Updated coverage of crime desistance
• New Disconnects box, “Mentally Ill Death Row Inmates”
Chapter 4: Criminal Law and Defenses
• Updated Realities and Challenges vignette, “Is Hazing
a Crime?”
• Updated A Global View box, “Intellectual Property
Piracy in the Twenty-First Century”
• New A Case in Point box, “Convicted without
Criminal Intent”
• New extended discussion of “Criminal Defenses”
PART 2:
LAW ENFORCEMENT
Chapter 5: Overview of Policing
• New Realities and Challenges vignette, “The Power of
Community Partnerships”
• Reorganized section on the English model
• New A Case in Point box, “Conflict with Occupy Wall
Street Protestors”
• Discussion of police departments’ growing use of
background checks on social media activity by
candidates for police positions
• Updated Disconnects box, “Where Are the Women?”
• New What about the Victim? box, “The Police
Subculture and a Linkage to Intimate Partner Strife”
• New Matters of Ethics box, “Department of Justice
Investigation of the Ferguson, Missouri, Police
Department”
• Updated Global View box, “India’s Growing Reliance on
the Security Industry”
Chapter 6: Policing Operations
• Updated Realities and Challenges vignette, “Foot Patrol
in a Big City”
• New A Case in Point box, “Problem-Oriented Policing in
Action: The Colorado Springs Police Department’s HOT
Program—Providing Outreach to the Homeless”
• Updated Disconnects box, “A Literal Disconnect:
Agencies’ Inabilities to Communicate”
• New text material on robotic workstations to keep up
with the accelerated demand for DNA testing by
players in the criminal justice system
• Updated discussion of evidence-based policing and
its value
• Updated discussion of CompStat
• New A Global View box, “Public Perceptions of the
Police in Russia”
Chapter 7: Legal and Special Issues in Policing
• New Realities and Challenges vignette, “An In-Custody
Death in Baltimore”
• New text discussion of recent Supreme Court cases

• New text section, “Dynamics of Use of Force”
• New text discussion of video evidence
• Updated Race, Class, Gender box, “Pedestrian Stop-
and-Frisk in the Big Apple”
• Updated What about the Victim? box, “Providing
Transition Assistance for the Police Officer Returning
from Combat Deployment”
• New details in the text on the problem of suicide
among police officers
PART 3:
ADJUDICATION
Chapter 8: The Courts
• Updated opening vignette
• Updated statistics on court processes
• Updated Race, Class, Gender box, “Race and Jury
Decision Making”
• Updated Real Crime Tech box, “Freeing Wrongfully
Convicted Persons”
• Added details on presentence investigation reports
and elocution in the text discussion of victim impact
statements
Chapter 9: Pretrial and Trial
• New Realities and Challenges vignette, “Tried for the
Third Time—Over 30 Years Later”
• Updated What about the Victim? box, “Balancing
Victims’ and Offenders’ Rights to a Speedy Trial”
• Expanded, fine-tuned discussion of the pretrial process,
featuring substantially augmented discussions under
the headings “Discovery” and “Plea Bargaining”
• New Matters of Ethics box “A Jury of Your Peers? . . .
Not Really”
Chapter 10: Sentencing
• New text details updating the discussion of the revised
USSC sentencing guidelines
• New A Matter of Ethics box, “When Is a Mandatory
Minimum Sentence Unjust?”
• Updated text discussion of controversies and court
challenges over lethal injections—and the effect on
executions
• Updated and expanded discussion on capital
punishment
• Updated Race, Class, Gender box, “Exonerating the
Innocent”
PART 4:
CORRECTIONS
Chapter 11: Overview of Corrections
• New Realities and Challenges vignette, “Values are the
Driving Force behind Corrections Models”
• Updated Myth/Reality features
Preface xxiii
• Updated statistics and figures throughout
• In-depth coverage of Public Safety Realignment Policy
and mass incarceration
• New What About the Victim? box, “Implications for
Victims of California’s Realignment Policy”
• New A Case in Point box, “Hawaii’s HOPE Program for
High-Risk Offenders”
• New Race, Class, Gender box, “Treating Women in
Prisons . . . as Second-Class Citizens of the System”
• New coverage of California’s Public Safety Realignment
Policy and women prisoners
• Updated discussion of inmate race and gender
differences
• Updated discussion of private and faith-based prisons
• Updated Critical Thinking Questions
• Updated coverage of correctional populations in the
United States
• Updated coverage of, state prison inmates
Chapter 12: Jails and Prisons
• New coverage of jails becoming de facto asylums for
the mentally ill and dumping grounds for poor and
addicted populations
• Updated jail and prison statistics throughout
• New coverage of the shift away from the policy of mass
incarceration and “get tough” sentencing practices
• Coverage of how mass incarceration affects people
of color
• Matters of Ethics box replaces second edition What
about the Victim? box, “Prisoners as Research Subjects”
• New A Case in Point box, “The National Emotional
Literacy Program for Prisoners”
• California Public Safety Realignment policy and female
prisoners
• Updated examples of prisoner rights
• Updated prison gang discussion
• New coverage of transgender, lesbian, gay, and
bisexual prisoners
• Updated coverage on AIDS and ill inmates
• Updated Critical Thinking Questions
• Expanded discussion of prisoner rights
• New A Global View box, “A Different Kind of Prison:
Venezuela’s San Antonio Prison”
• New Real Crime Tech box, “Personal Communication
Technology and Prisons,” that emphasizes tablet
technology
• Updated discussion of rapidly rising number of women
in U.S. prisons
Chapter 13: Community Corrections
• Updated “Probation” and “Parole” sections
• Coverage of how Public Safety Realignment policy
affects probation, parole, and community corrections
xxiv Preface
• Updated statistics throughout
• New Race, Class, Gender box, “Celebrity Justice?”
• Expanded discussion of the role of the probation officer
• Expanded discussion on factors in the future success of
probation
• New A Case in Point box, “Parole and the Jaycee
Dugard Case”
• Expanded discussion on the effectiveness of parole in
the future
• New coverage on the relationship between doing away
with policies of mass incarceration and community-
based corrections
• New Disconnects box, “What Is an Appropriate Fine?”
• Updated Matters of Ethics box, “Relationships between
Correctional Personnel and Offenders”
PART 5:
SPECIAL ISSUES
Chapter 14: Understanding and Helping Victims
• New Race, Class, Gender box, “Charleston Shooting”
• New text on the U.S. Census of Domestic Violence
Services
• New Disconnects box, “When Victims Are Revictimized”
• Updated perspectives on victim assistance for older
adults
• New A Case in Point box, “The Killings at Sandy Hook
Elementary School”
Chapter 15: Juvenile Justice
• New Realities and Challenges vignette, “Two Years in
Solitary”
• Updated discussion and analysis of measuring
juvenile crime
• Updated statistics on juvenile crime
• Updated Matters of Ethics box, “Policing the Schools”
• Updated discussion of juvenile court jurisdiction
• New Disconnects box, “Punishing Truancy”
• Updated Juvenile Corrections statistics
• Expanded discussion of sexual abuse of male and
female juveniles held in custody
• New discussion of the Juvenile Justice Realignment bill
Chapter 16: Contemporary Challenges in
Criminal Justice
• New Realities and Challenges vignette, “Boston
Marathon Bombing”
• New resources for victims of identity theft
• New contextual framework for combating identity theft
• Updated information on the extent of cybercrime
• New information on the ever-expanding value of digital
evidence
• New information sharing protocols to combat
cybercrime
• New text discussion on occurrences of worldwide
terrorist attacks, their impact, and law enforcement’s
responses to them
• New information on the extent and nature of terrorism
• New text on the USA FREEDOM Act
• Updated A Case in Point, “The Fusion Center Approach
to Preventing Terrorism”
• New Matters of Ethics box, “Airport Security Technology
in the United States”
• Updated hate crime statistics
• New Race, Class, Gender box, “The Killing of Onesimo
Marcelino Lopez”
• Consideration of the first National Professional Training
Conference on Responding to Crime Victims with
Disabilities
 Preface xxv

Contributors
The author team is very appreciative of all the hard work of the McGraw-Hill profession-
als who worked on this book. Our work is better for their assistance. We would like to
thank Lester Pincu for his important contributions to the first and second editions. In
addition, we thank the many contributors for their work in helping shape this text. More
than 100 professors helped to influence the development of the first edition of
CJ: ­Realities and Challenges. We’d like to thank the following professors for their help
in developing this third edition (NB: inclusion in this preface does not equal an endorse-
ment of our materials).

Connect Reviews
VICTORIA BECK, University of Wisconsin–Oshkosh
RANDALL DAVIS, Santa Ana College and Santiago
Canyon College
MARTHA EARWOOD, University of Alabama at Birmingham
RICHARD FINN, Western Nevada College
SHANA MAIER, Widener University
PATRICIA MAREK O’NEILL, Hudson Valley Community College
JACQUELINE M. MULLANY, Triton College
MICHAEL PITTARO, East Stroudsburg University
WAYNE D. POSNER, East Los Angeles College
DARREN K. STOCKER, Cape Cod Community College
MICHAEL SUCH, Hudson Valley Community College

“The Masters text is a comprehensive collection of information presented in an

easy to read manner. The pictorial display presented in the text highlights and supple-
ments the written material in [a] student-friendly way. And, the text incorporates informa-
tion about the victim throughout the material, which is a pleasant rarity in a textbook.”
—Lisa A. Hoston, Allegany College of Maryland

“This is a thorough and highly relevant textbook that will encourage students to
further their pursuit of criminal justice as a field of academic study.”
—Martha Earwood, University of Alabama at Birmingham

Content Reviewers
VICTORIA BECK, University of Wisconsin–Oshkosh
RANDALL DAVIS, Santa Ana College and Santiago
Canyon College
MARTHA EARWOOD, University of Alabama at Birmingham
RICHARD FINN, Western Nevada College
ANDY GONIS, Santa Ana College
LISA A. HOSTON, Allegany College of Maryland
LI YING LI, Metropolitan State University–Denver
SHANA MAIER, Widener University
PATRICIA MAREK O’NEILL, Hudson Valley Community College
PAMELA MERTENS, University of the District of Columbia
JACQUELINE M. MULLANY, Triton College
MICHAEL PITTARO, East Stroudsburg University
WAYNE D. POSNER, East Los Angeles College
SHANNON SANTANA, University of North
Carolina–Wilmington
DAREN K. STOCKER, Cape Cod Community College
MICHAEL SUCH, Hudson Valley Community College
ARNOLD RAY WAGGONER, Rose State College
TRACEY WOODARD, University of North Florida
Dedications

Thanks to an awesome author team and to Elizabeth and Viola, who gave up so much of their
time with me so I could work.
—Ruth Masters

I’d like to thank my family for their constant support. I’d also like to thank several colleagues who
have provided valuable feedback for this 3rd edition—Matthew O. Thomas, Ryan Patten, Jonathan
Caudill, and Kimberlee Candela.
—Lori Beth Way

I’d like to thank Dennis, Allison, and Quinn for their continuing support, and for giving up so
much of their time so I could work.
—Phyllis Gerstenfeld

Much appreciation for the understanding of my wife, Jill, and all family members on those
occasions when the manuscript “train” required some deferring of time together—and for
acceptance of “walk IOUs” by Abbie, canine guardian of manuscripts.
—Mike Hooper

I would like to thank my wife, Edda, for all the time away from her, especially for the late night
and weekend calls, both at home and while on vacations. She has been an important source
of support throughout the entire process.
—John Dussich
CJ
R EALI TI ES
AN D C HALLEN GES
3 R D EDITION
1 What Is the
Criminal Justice
System?
OBSERVE I N V E S T I G AT E U N D E R S TA N D
After reading this chapter, you should be able to:
■ Illustrate how social norms help us define crime.
■ Define crime and explain how it is classified.
■ Describe the consequences of crime for the offender and the victim.
■ Outline the basic structure of the criminal justice system.
■ Describe key models of the workings of the criminal justice system.
■ Describe how criminal justice is influenced by public opinion, the
media, politics, and policy.
■ Review the challenges to the criminal justice system today.
 Realities and Challenges
Media Portrayals of Real Crime:
Fact or Fiction?
M any of us are fascinated by crime and the many questions that surround it. Who did it, and why
did this happen? Depictions of crime abound in the media, with stories and headlines that both
shock and call into question how these crimes can occur in seemingly serene locales like the historic
Emanuel African Methodist Episcopal Church in Charleston, South Carolina, where nine people were
shot to death during their evening prayer meeting—apparently because they were African American.
Stories of the Boston Marathon bombings, Sandy Hook, the Aurora theater shootings, kidnappings, serial
­murders, and other heinous crimes are depicted on the news, in documentaries, and true crime shows
and are dissected by criminologists, lawyers, and other pundits offering varying perspectives on the
crimes and the perpetrators. People watch courtroom dramas unfold, and the interest in crime extends
to the popularity of television shows such as The Jinx: The Life and Deaths of Robert Durst, Orange Is
the New Black, Law & Order: Special Victims Unit, and a proliferation of true crime-related shows. There
is even an entire network, Investigation Discovery, featuring crime-related shows. People also tuned in
in droves to listen to the Serial podcasts, and other comparable podcasts are in the works. While we
may see and hear so much, often as consumers we cannot separate fact from fiction and are not privy
to how the criminal justice system works. This book seeks to help you understand the nature of crime,
how crime is measured, the laws that govern criminal behavior, and the practitioners who work within
the criminal justice system. The intent of this text is to highlight the myths about criminal justice, but
to focus on the realities and the challenges faced by those who interact with and work within the
criminal justice system. As you read the text, critically assess the current criminal justice practices
described. Consider which practices are working positively and ensuring justice, and which perhaps need
to be revisited or abandoned.

Police, detectives, victim advocates, judges, lawyers, prosecutors, jurors, cor-

rectional officers, parole officers—these are the people with whom the sus-
pect, the victim, and the victim’s family deal when interacting with the
criminal justice system. It is a complex and sometimes lumbering machine,
as it tackles the job of taking criminals off the street, ensuring a fair trial,
supporting victims, protecting society, and punishing and attempting to reha-
bilitate offenders.
Of course, there are challenges to match the complexity. Have the
police followed proper procedures? Has the victim been treated fairly, and
does the individual understand his or her rights? Have the prosecutors
shared all the relevant evidence with the defending lawyers? Was the jury
trial fair? What role did the victim and/or the victim’s family play in the
criminal justice process? Were due process rights protected? Was the sen-
tencing appropriate for the offense? Has the offender been mistreated in
prison? Are there opportunities to rehabilitate? Has parole been granted (or
denied) in a fair manner? There are many points at which justice may be
either served or derailed.
We hope that this book will help you learn to think critically about the
realities and challenges of the world of criminal justice. We want to help you
interpret facts and recognize myths about the criminal justice system so you
will understand and appreciate its complexities. We hope you come to under-
stand how the roles of offenders, protectors, and victims are interwoven in a
system dedicated to detecting those who violate the rules, determining their
guilt, and carrying out an appropriate punishment. We begin in this chapter
with a brief exploration of the nature of rules whose violations constitute
2
 crime and an introduction to how the criminal justice system
is structured and works.
Preview
THE RULES THAT BIND: NORMS THE RULES THAT BIND: NORMS AND LAWS
AND LAWS
WHAT IS CRIME?

M Y TH / REA L IT Y THE CONSEQUENCES OF CRIME

MYTH: Some behaviors are so wrong that they are crimes in all
THE STRUCTURE OF THE CRIMINAL JUSTICE SYSTEM
­societies.
REALITY: It is not the nature of an act that makes that act a crime; HOW CRIMINAL JUSTICE WORKS: THE REALITIES
it is the nature of society that defines a particular act as a crime in
that society. INFLUENCES ON CRIMINAL JUSTICE

CHALLENGES TO CRIMINAL JUSTICE TODAY

A norm is a rule that makes clear what behavior is appro-
SUMMARY
priate and expected in a particular situation. If, for example,
it is the norm to arrive at meetings on time, being late REVIEW
violates the norm. The term abnormal connotes deviance,
the violation of a norm. (The prefix “ab” means “away from,” KEY TERMS
so abnormal means “away from the norm.”) No behavior is
inherently deviant—that is, deviant solely by virtue of its STUDY QUESTIONS
nature. Rather, whether a particular act is considered devi-
CRITICAL THINKING QUESTIONS
ant depends on many factors, including context, place, time,
and the individual(s) judging it.
Let’s consider how a behavior’s deviance depends on the context in norm
which it occurs. For example, if you were to spit on 42nd Street in New A rule that makes clear what behavior is
appropriate and expected in a particular
York City, people might frown at you, but you would not be arrested. But
situation.
if you were to spit in the subway, you would be violating a formal regula-
tion of the New York City Transit Authority and could face criminal pros- deviance
The violation of a norm.
ecution in a municipal court. The fact that each week 7 million people pass
through the close quarters of the subway system makes hygiene a factor in social norm
determining what is deviant in that situation. A rule that specifies how people are
expected to behave.
Our ideas of deviance also change over time. For example, before the
1970s, being divorced conferred the status of deviant in society.
In contrast, today’s social norms recognize divorce as accept-
able behavior. In other words, there is nothing inherently Tattoos: Sign of Deviance
deviant in getting divorced: Society found it deviant until or Body Art?
the 1970s, and then our attitudes changed. Some groups may consider tattoos a
Norms vary from place to place as well. In eastern sign of deviance; for others, including
many professional athletes, tattoos are
Europe, men greet other men with kisses on the cheek. In
a normal means of expression.
the United States this behavior is considered unusual. The
“A Global View” box on page 4 shows how norms about
corporal punishment can vary from one country to
another. Norms also vary from group to group
within a society. While some may consider it
deviant to have tattoos covering one’s body,
it is the norm within many gangs and
among many professional athletes.
A social norm specifies how
people are expected to behave. Social
norms are informal rules that are not
written but that we nonetheless
know and follow. We learn them from
parents, peers, and teachers. In North
American society, informal social norms include
3
4 PART 1 : : Crime, Law, and the Criminal Justice System

How U.S. Legal Norms Differ from Those in
Singapore: The Case of Michael Fay
The focus of this case is not so much on the crime as it is on the punish-
ment. On March 3, 1994, Michael Peter Fay, a St Louis, Missouri, teen-
ager living in Singapore, was sentenced to four months in jail, a fine of
3,500 Singapore dollars (about 2,214 U.S. dollars at the time), and six
strokes of a rattan cane for the crimes of theft and vandalism. Norms
differ regarding the appropriateness of the type of corporal punishment
known as caning between the United States and Singapore. To under-
stand the context of these crimes and their punishment, it is relevant to
know that the Singapore government had been trying to cope with a
rash of vandalisms leading up to this case. About six months earlier, car
vandalism emerged as a noticeable new problem and was reported in
one of the local newspapers. Cars parked near apartments were being
damaged with hot tar, paint remover, red spray paint, and hatchets; and
some taxi drivers reported having their tires slashed. In both countries
vandalism and theft are usually considered nonviolent crimes and are
A Global View
considered as misdemeanors. The exception to this rule is when the
property damaged or stolen has high value (in the United States if it
exceeds $500), in which case it can be considered as a felony. In
­Singapore it is quite normal for the criminal courts to issue sentences of
caning; this punishment is unheard of in the United States. Ironically,
19 U.S. states do permit corporal punishment to be used to “discipline”
children and to be administered by parents and/or teachers. In
­Singapore this form of punishment may only be used on males.
­President Clinton considered Michael Fay’s punishment so inappropri-
ate that he interceded and appealed to the president of Singapore, who,
out of deference to the U.S. president, reduced the number of strokes
from six to four. The caning was carried out on May 5, 1994, and the
rest of the sentence was completed after four months. In the United
States, the typical forms of punishment for vandalism can include fines,
probation, community service, restitution, and/or jail sentence.
OBSERVE INVESTIGATE UNDERSTAND
■ Should the Singapore court have taken into account that the
offender had been socialized in a different culture? Explain.
■ When living in a foreign country, should a guest from the United
States be held to a higher standard? What are your reasons?
■ Was it appropriate for the president of the United States to
­intervene? What might have been the consequences either
way? What message did his intervention send to other
­Americans living in foreign countries?

SOURCES: “U.S. Student Tells of Pain of His Caning in Singapore,” New York
Times, June 26, 1994. http://www.nytimes.com/1994/06/26/us/us-student-tells-
of-pain-of-his-caning-in-singapore.html (retrieved May 15, 2015); Alejandro Reyes,
“Rough Justice: A Caning in Singapore Stirs Up a Fierce Debate about Crime and
Punishment,” Asiaweek, Hong Kong, May 25, 1994. http://www.corpun.com/­
awfay9405.htm (retrieved May 16, 2015); Valerie Strauss, “19 States Still Allow
Corporal Punishment in School,” Washington Post, September 18, 2014. http://www.
washingtonpost.com/blogs/answer-sheet/wp/2014/09/18/19-states-still-allow-­
▴ Michael Fay corporal-punishment-in-school/ (retrieved May 18, 2015).

waiting your turn in line to purchase tickets at a movie theater and not eat-
ing mashed potatoes with your fingers.
Formal social norms, also called legal norms, are formally written. Formal
norms forbid theft and assault, for instance. Although not all deviance from
norms constitutes a crime, the violation of formal norms, or laws, sets the
criminal justice system in motion. In fact, informal social norms can evolve into
legal norms. Because it is laws that determine what crimes are, we need to
take a closer look at how these legal norms come about.

▴ Violating a Legal Norm
Spitting in the subway is a crime that
violates a formal regulation of the
New York City Transit Authority.
WHAT IS CRIME?
What constitutes crime? The answer is not as obvious as it may seem. Cer-
tainly, a crime is an act that breaks a law. But this description, though con-
cise, does not help us understand the complexity of classifying criminal
behavior. As we will see in this section, it is common to distinguish between
 two broad categories of crime: mala in se and
mala prohibita crimes.
M Y TH / REA L IT Y
MYTH: People are either criminal or not.
REALITY: Virtually all people commit crimes at some
point in their life. Whether we consider them criminals
depends largely on what offenses they commit.1
Can Crimes Be Inherently Wrong?
A crime is referred to as mala in se if it is
categorized, as its Latin name suggests, as an
“evil unto itself,” a behavior that is morally
wrong. This definition implies that a given
behavior would be wrong in any context, even
if there were no law against it. However, just
as there is no such thing as an inherently devi-
ant act, there is no such thing as an inherently
criminal act. Society creates crime in the same
way it creates deviance—by labeling specific
behaviors as such.
Because no behavior is criminal until
society makes it so, distinguishing a category
of crime as mala in se can be confusing. We
discuss this category of crime here because
it is a term often used by researchers and
practitioners in the field of criminal justice.
Traditionally, mala in se offenses are seen
as a violation of a basic universal social value.
On the surface, it may seem reasonable to
identify an act such as forcible rape as violat-
ing some universal code of morality. But no
universal social code of justice exists. For
example, historically the victim of a sexual
assault was not considered the woman herself
but rather her husband, father, or brother.
The “What about the Victim?” box illustrates
that the definition of sexual assault crimes is
influenced not only by time period but also
by the understanding of the victim and the
relationship to the perpetrator.
Crimes Prohibited by Law
Mala prohibita crimes, also known as statu-
tory crimes, are acts that are criminal
because they are prohibited by law. Mala
­prohibita crimes reflect public opinion at a
particular moment in time. As standards of
social tolerance change, so do the behaviors
included in this category.
Laws against adultery provide a case in
point. Historically, when a married person
had consensual sexual relations with someone
5
What about the Victim?
“No Means No” . . . at Least in Some States
Depending upon the legal
jurisdiction (that is, the
­legal authority whose laws
are binding), the element of
force is no longer necessary
to be convicted of forcible
rape. Two state jurisdictions
have changed their rape
laws in this regard. In Janu-
ary 2003, the California
Supreme Court decided
that 16-year-old John Z. raped 17-year-old Laura T. when, at a party in 2000, he
continued to have sexual intercourse with her for 1 to 2 minutes over her objec-
tions. In fact, they had engaged in intercourse for approximately 10 ­minutes, dur-
ing which time Laura repeatedly told him she had to go home while physically
struggling to stop him. John’s response was “to give [him] a minute.” The court
held that even though Laura initially consented to intercourse, John’s failure to
stop when she withdrew her consent—after ­penetration—­constituted rape. By
2004, courts in eight states, including California, had extended the interpretation
of their rape laws. No longer is the use of force, violence, or threat of harm to the
victim required to convict for rape.
Illinois went a step further. After the John Z. decision, the state legisla-
ture passed the “No Means No” Act later in the same year. This legislation
added a section to the Illinois rape statute that recognizes an individual’s
legal right to withdraw consent to intercourse at any point after giving that
consent. This development made Illinois the first state to pass a law explicitly
protecting the rights of women in this regard. As Matthew Lyon (2004)
notes in his discussion of how definitions of rape are evolving over time,
cases like that of John Z., legislative initiatives like that of Illinois, and media
coverage of cases like the accusation of rape against basketball phenome-
non Kobe Bryant are likely to prompt other state legislatures to consider
similar statutes.
Other countries are also adopting various “no means no” laws. In Scotland
and Australia, for example, similar legislation was passed in 2007. One illustra-
tion is a New South Wales case of an alleged rape where withdrawal of consent
was at issue. In ruling for the victim, one of the judges noted, “The rights of
modern women include the right to refuse to consent to sexual intercourse, at
any time, and for any reason.”
OBSERVE I N V E S T I G AT E U N D E R S TA N D
Although the California court rejected John Z.’s “primal urge” claim—
■
that is, the idea that he just could not stop himself—what do you think
about the argument that once a male has begun to have consensual
intercourse, it is not reasonable to expect that he can “just stop”?
What is a reasonable time for a partner to stop after a woman re-
moves her consent?
■ What if a woman is too drunk to give consent?
SOURCES: People v. John Z., 60 P.3d 183, 184 (Cal. 2003); Matthew R. Lyon, “No Means No?
Withdrawal of Consent during Intercourse and the Continuing Evolution of the Definition of
Rape,” Journal of Criminal Law and Criminology 95 (2004): 277–314.
6 PART 1 : : Crime, Law, and the Criminal Justice System
mala in se
A behavior categorized as morally wrong
(“evil in itself”).
mala prohibita
A statutory crime that reflects public
opinion at a moment in time.
statutory crime
An act that is criminal because it is
prohibited by law.
consensus perspective
A view of crime that sees laws as the
product of social agreement or consensus
about what criminal behavior is.
conflict perspective
A view of crime as one outcome of
a struggle among different groups
competing for resources in their society.
outside the marriage, the punishment could be death. Under some laws today,
such as strict Islamic law (known as Shariah), adulterers can still be executed.
Although adultery remains illegal in many countries today, penalties are rela-
tively minor and are rarely enforced. Currently in the United States more than
20 states have laws prohibiting adultery. While prosecutions are rare, legal
penalties range from a $10 fine to life in prison.
What motivates a society to criminalize some behaviors and not others?
Two predominant points of view about how crimes become defined capture
the essence of this divergence: the consensus perspective and the conflict
perspective.
Consensus and Conflict Perspectives
The consensus perspective of crime views laws as the product of social
agreement or consensus about what criminal behavior is. According to this
view, criminals are individuals whose behavior expresses values and beliefs
at odds with those of mainstream society. For example, they rob banks while
most of us work for a living. Laws, as the product of social consensus, pro-
mote solidarity: “We’re all together on this.” In this perspective, murder is a
crime because it violates a consensus belief in the sanctity of life. We agree
that killing is wrong, so we criminalize this act. Those who subscribe to the
consensus perspective believe that defining some behaviors as criminal is
necessary (or functional) because it is in everyone’s interest to control those
who deviate.
The conflict perspective, on the other hand, views the definition of
crime as one outcome of a struggle among different groups competing for
resources in society. The people who own and control society’s resources (land,
power, money) are able to influence those who determine what laws are
passed. Rather than looking at individual wrongdoers to understand crime, the
conflict perspective looks at the process that determines who is a criminal and
who is not. It asks, for example, why we apply more law enforcement resources
to the bank robber than to the stockbroker who steals millions of dollars
through insider trading on Wall Street.
The conflict perspective holds that laws are influenced and created by
those who control the political and economic power within the society. The
unequal distribution of resources in society generates competition, and hence
conflict, among the groups vying for power. The “Disconnects” box illustrates
how powerful corporate interests may have aided, if not been largely respon-
sible for, passage of laws prohibiting marijuana use. An overview of marijuana’s
long and complicated history reveals that nothing about the nature of the act
itself makes marijuana use a crime. But whether laws against it are consensus
or conflict based is a matter of debate. Let’s consider both sides.
Is using marijuana illegal because society agrees it should be (consensus
model)? The fact is that public views on the use of marijuana have changed
over time. A Gallup Poll conducted in 2010 revealed 46 percent of Americans
support the legalization of marijuana (and 70 percent support it for medical
use). In contrast, only about 20 percent favored its legalization in the early
1970s.2 Accordingly, and consistent with the position that consensus drives
legislation, a number of states are introducing initiatives toward the decrimi-
nalization of marijuana use.
Alternatively, is marijuana use illegal because powerful interests are served
by making it so (conflict model)? For example, it is conceivable that profits
related to particular drugs produced by the pharmaceutical industry could be
threatened by the legalization of marijuana use. A third possibility may be that
marijuana laws are the result of both consensus and conflict—to varying degrees
at different points in time.
Another random document with
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 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