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Concurrence 81 Procedural Safeguards 91
Causation 81 The Bill of Rights 91
Attendant Circumstances 81 Due Process 92
Harm 83 Victims’ Rights in the Criminal Justice System 93
Defenses under Criminal Law 84
Excuse Defenses 84
Justification Criminal Defenses 88
PA R T T WO : T H E P OL I C E A N D L AW E N FO R C E M E N T
4 Law Enforcement
Clearance Rates and Cold Cases 136
Forensic Investigations and DNA 136
Today 99 Police Strategies: What Works 139
The Responsibilities of the Police 101 Calls for Service 140
Enforcing Laws 101 Patrol Strategies 141
Providing Services 102 Predictive Policing and Crime Mapping 142
Preventing Crime 102 Arrest Strategies 144
Preserving the Peace 103 Community Policing and Problem Solving 145
A Short History of the American Police 104 Problem-Oriented Policing 146
The Evolution of American Law Enforcement 104 “Us versus Them”: Issues in Modern Policing 147
Policing Today: Intelligence, Terrorism, Police Subculture 147
and Technology 107 The Physical and Mental Dangers of Police Work 148
Recruitment and Training: Police Use of Force 149
Becoming a Police Officer 110
Police Misconduct and Ethics 152
Basic Requirements 110
Police Corruption 153
Training 111
Police Accountability 153
Women and Minorities in Policing Today 112
Issues of Race and Ethnicity 156
Antidiscrimination Law and Affirmative Action 112
Ethics in Law Enforcement 158
Working Women: Gender and Law Enforcement 114
Minority Report: Race and Ethnicity
in Law Enforcement 114
6 Police and the
Public and Private Law Enforcement 116
Constitution: The
Municipal Law Enforcement Agencies 116
Rules of Law
Sheriffs and County Law Enforcement 117
State Police and Highway Patrols 118
Enforcement 165
Federal Law Enforcement Agencies 118 The Fourth Amendment 167
Private Security 123 Reasonableness 167
Probable Cause 167
5 Problems and
The Exclusionary Rule 169
Lawful Searches and Seizures 170
Solutions in Modern The Role of Privacy in Searches 171
Policing 129 Search and Seizure Warrants 172
Police Organization and Field Operations 131 Searches and Seizures without a Warrant 173
The Structure of the Police Department 131 Searches of Automobiles 175
Police on Patrol: The Backbone of the Department 132 The Plain View Doctrine 177
Police Investigations 134 Electronic Surveillance 178
Aggressive Investigation Strategies 135 Stops and Frisks 180

Defining Reasonable Suspicion 180
vi Contents
A Stop 181 Arrests without a Warrant 185
A Frisk 181 The Interrogation Process and Miranda 186
Race and Reasonable Suspicion 181 The Legal Basis for Miranda 186
Arrests 182 When a Miranda Warning Is Required 186
Elements of an Arrest 183 When a Miranda Warning Is Not Required 188
Arrests with a Warrant 184 False Confessions 189
PA R T T H R E E : C R I M I N A L C O U R T S
7 Courts and the

The Grand Jury 232
The Prosecutorial Screening Process 232
Quest for Justice 195
Case Attrition 232
Functions of the Courts 197 Screening Factors 233
Due Process and Crime Control in the Courts 197 Pleading Guilty 235
The Rehabilitation Function 198 Plea Bargaining in the Criminal Justice System 235
The Bureaucratic Function 198 Motivations for Plea Bargaining 235
The Basic Principles of Victims and Plea Bargaining 238
the American Judicial System 198 Pleading Not Guilty 238
Jurisdiction 199 Special Features of Criminal Trials 238
Trial and Appellate Courts 200 A “Speedy” Trial 239
The Dual Court System 201 The Role of the Jury 240
State Court Systems 202 The Privilege against Self-Incrimination 240
Trial Courts of Limited Jurisdiction 203 The Presumption of a Defendant’s Innocence 241
Trial Courts of General Jurisdiction 203 A Strict Standard of Proof 241
State Courts of Appeals 204 Jury Selection 242
The Federal Court System 204 Voir Dire 242
U.S. District Courts 204 Race and Gender Issues in Jury Selection 243
U.S. Courts of Appeals 204 Alternate Jurors 245
The United States Supreme Court 205 The Trial 245
Judges in the Court System 208 Opening Statements 246
The Roles and Responsibilities of Trial Judges 208 The Role of Evidence 246
Selection of Judges 209 The Prosecution’s Case 248
Diversity on the Bench 210 Cross-Examination 249
The Courtroom Work Group 211 The Defendant’s Case 250
Members of the Courtroom Work Group 212 Rebuttal and Surrebuttal 252
The Judge in the Courtroom Work Group 212 Closing Arguments 252
The Prosecution 213 The Final Steps of the Trial 252
The Defense Attorney 216 Appeals 253
Wrongful Convictions 255
8 Pretrial Procedures
and the Criminal 9 Punishment
Trial 225 and Sentencing 261
Pretrial Detention 227 The Purpose of Sentencing 263

The Initial Appearance 227 Retribution 263
Bail 227 Deterrence 263
Establishing Probable Cause 231 Incapacitation 264
The Preliminary Hearing 231 Rehabilitation 264
Contents vii
Restorative Justice 265 Sentencing Reform 276
The Structure of Sentencing 267 Sentencing Guidelines 277
Legislative Sentencing Authority 267 Mandatory Sentencing Guidelines 278
Judicial Sentencing Authority 268 Victim Impact Evidence 280
The Sentencing Process 270 Capital Punishment 281
Factors of Sentencing 271 Methods of Execution 282
Inconsistencies in Sentencing 274 The Death Penalty and the Supreme Court 283
Sentencing Disparity 274 Death Penalty Sentencing 284
Sentencing Discrimination 274 Debating the Sentence of Death 285
The Future of the Death Penalty 288
PA R T F O U R : C O R R EC T IO N S
10 Probation, Parole,
The Great Penitentiary Rivalry: Pennsylvania
versus New York 326
and Intermediate The Reformers and the Progressives 327
Sanctions 295 The Reassertion of Punishment 327
Prison Organization and Management 328
The Justifications for Community
Corrections 297 Prison Administration 329
Reintegration 297 Types of Prisons 331
Diversion 297 Inmate Population Trends 335

The “Low-Cost Alternative” 298 Factors in Prison Population Growth 335
Probation: Doing Time in the Community 299 Decarceration 336
Sentencing and Probation 299 The Emergence of Private Prisons 338

Conditions of Probation 301 Why Privatize? 338
The Supervisory Role of the Probation Officer 302 The Argument against Private Prisons 339
Revocation of Probation 304 The Future of Private Prisons 340
Does Probation Work? 305 Jails 341

The Parole Picture 306 The Jail Population 342
Comparing Probation and Parole 306 Jail Administration 343
Discretionary Release 308 New-Generation Jails 344
Parole Guidelines 310

Victims’ Rights and Parole 311
Intermediate Sanctions 311
12 The Prison
Experience and
Judicially Administered Sanctions 311
Day Reporting Centers 313
Prisoner Reentry 351
Intensive Supervision Probation 314 Prison Culture 353

Shock Incarceration 315 Adapting to Prison Society 354
Home Confinement and Electronic Monitoring 316 Who Is in Prison? 354
Widening the Net 317 Rehabilitation and Prison Programs 355
Prison Violence 357
11 Prisons and Jails 323

Violence in Prison Culture 357
Prison Gangs and Security Threat Groups (STGs) 358
Correctional Officers and Discipline 360
A Short History of American Prisons 325 Prison Employment 361
English Roots 325 Discipline 362
Walnut Street Prison: The First Penitentiary 325 Female Correctional Officers 364
viii Contents
Protecting Prisoners’ Rights 365 Return to Society 369
Inside a Women’s Prison 367 Types of Prison Release 369
Characteristics of Female Inmates 367 The Challenges of Reentry 370
The Motherhood Problem 368 The Special Case of Sex Offenders 373
The Culture of Women’s Prisons 368
PA R T F IV E : S P E C I A L I S S U E S
13 The Juvenile 14 Crucial Issues in

Justice System 381 Criminal Justice 413
The Evolution of American Juvenile Security vs. Liberty 415

Justice 383 National Security and Privacy 415
The Child-Saving Movement 383 Mass Surveillance 417
The Illinois Juvenile Court 383 National Security and Speech 420
Status Offending 384 Cyber Crime 422
Juvenile Delinquency 384 Computer Crime and the Internet 423
Constitutional Protections and the Juvenile Court 385 Cyber Crimes against Persons and Property 424
Determining Delinquency Today 386 Cyber Crimes in the Business World 427
The Age Question 387 Fighting Cyber Crime 429
The Culpability Question 387 Gun Control Policy 431
Trends in Juvenile Delinquency 389 Firearms in the United States 431
Delinquency by the Numbers 389 Regulating Gun Ownership 432
School Violence and Bullying 390 White-Collar Crime 434
Factors in Juvenile Delinquency 393 What Is White-Collar Crime? 434
The Age-Crime Relationship 394 Regulating and Policing White-Collar Crime 436
Substance Abuse 395 White-Collar Crime in the 2000s 438
Child Abuse and Neglect 395
Gangs 396
APPENDIX A: The Constitution of the United States A-1
First Contact: The Police and Pretrial
Procedures 398 APPENDIX B: Discretion in Action Case Studies B-1
APPENDIX C: Table of Cases C-1
Police Discretion and Juvenile Crime 398
GLOSSARY G-1
Intake 399
NAME INDEX NI-1
Pretrial Diversion 399
SUBJECT INDEX I-1
Transfer to Adult Court 400
Detention 401
Trying and Punishing Juveniles 402
Adjudication 402
Disposition 402
Juvenile Corrections 404
Contents ix
Special Features
Chapter Opening Stories Careers in CJ

Ch 1 Domestic terrorism strikes TTexas F. W. Gill, Gang Investigator Ch 1, p. 8
The Echo Chamber 4
Anne Seymour, National Victim Advocate Ch 2, p. 55
Ch 2 How widespread is campus rape?
Diana Tabor, Crime Scene Photographer Ch 3, p. 88
By the Numbers 34
Arnold E. Bell, Federal Bureau of Investigation (FBI) Agent Ch 4, p. 121
Ch 3 The death of an “American Sniper”
No Good Deed . . . 68 Martha Blake, Forensic Scientist Ch 5, p. 137
Ch 4 Heroism in blue William Howe, Police Detective Ch 6, p. 168
First Response 100 Annika Carlsten, Public Defender Ch 7, p. 219
Ch 5 Cell phone videos of the police Collins E. Ijoma, Trial Court Administrator Ch 8, p. 244
First Impressions 130 Ellen Kalama Clark, Superior Court Judge Ch 9, p. 272
Ch 6 Sniff searches and the Supreme Court Peggy McCarthy, Lead Probation Officer Ch 10, p. 303
Eight Long Minutes 166
Berry Larson, Prison Warden Ch 11, p. 330
Ch 7 Violent words on the Internet
Julie Howe, Halfway House Program Manager Ch 12, p. 373
Minor Threat? 196
Carl McCullough, Sr., Resident Youth Worker Ch 13, p. 405
Ch 8 The murder trial of a Utah doctor
Family Law 226 Paul Morris, Customs and Border Protection Agent Ch 14, p. 437
Ch 9 Harsh punishments for drug crimes
A Long Time Gone 262 Landmark Cases
Ch 10 Probation or prison?
Family Ties 296 Brown v. Entertainment Merchants Association (EMA) Ch 2, p. 51
Ch 11 Taking on mass incarceration Miranda v. Arizona Ch 6, p. 187
A Trend Indeed? 324 Roper v. Simmons Ch 9, p. 286
Ch 12 Bloodshed returns to Attica Brown v. Plata Ch 12, p. 356
A History of Violence 352 In re Gault Ch 13, p. 386
Ch 13 Does a juvenile murderer deserve leniency?
A Second Chance 382
Ch 14 A “cluster” of trouble in Minnesota
MasteringConcepts
Two Paths Diverged 414
Crime Control Model versus Due Process Model Ch 1, p. 17
The Causes of Crime Ch 2, p. 53
Comparative Criminal Justice
Civil Law versus Criminal Law Ch 3, p. 75
No Hate Allowed (Sweden) Ch 1, p. 6 The Difference between a Stop and an Arrest Ch 6, p. 184
Back to School (France) Ch 7, p. 210 Sentencing Philosophies Ch 9, p. 266
Double Trouble (Italy) Ch 8, p. 254 The Bifurcated Death Penalty Process Ch 9, p. 285
Whole-Life Tariffs (European Union) Ch 9, p. 265 Probation versus Parole Ch 10, p. 307
Swedish Day-Fines (Sweden) Ch 10, p. 312 The Main Differences between Public Prisons and Jails Ch 11, p. 341
Prison Lite (Norway) Ch 11, p. 334 The Juvenile Justice System vs. the Criminal Justice System Ch 13,
The Great Firewall of China Ch 14, p. 430 p. 403
x Special Features
CJ & Technology Mythvs Reality
Facial-Recognition Software Ch 1, p. 18 “Black on Black” Violence Ch 2, p. 42
Repeat Offender Tracking Ch 2, p. 47 Are Too Many Criminals Found Not Guilty by Reason of Insanity? Ch 3,
Unmanned Aerial Vehicles (UAVs) Ch 3, p. 72 p. 87
High-Tech Cops Ch 4, p. 106 Women Make Bad Cops Ch 4, p. 115
Conducted Energy Devices (CEDs) Ch 5, p. 152 Consent to Search Automobiles Ch 6, p. 175
Electronic Search Warrants Ch 6, p. 173 Does Putting Criminals in Prison Reduce Crime? Ch 11, p. 337
Untested Rape Kits Ch 7, p. 216

Wireless Devices in the Courtroom Ch 8, p. 253 CJ Controversy
Global Positioning System (GPS) Ch 10, p. 317
Encryption and Terrorism Ch 1, p. 24
Video Visits Ch 11, p. 340
Prosecuting Domestic Violence Ch 2, p. 57
Contraband Cell Phones Ch 12, p. 360
Hate Crime Laws Ch 3, p. 83
Cyberbullying Ch 13, p. 393
Affirmative Action in Law Enforcement Ch 4, p. 113
Hacking the “Internet of Things” Ch 14, p. 428
DNA Fingerprinting of Arrestees Ch 5, p. 140
Ethnic Profiling and Airport Security Ch 6, p. 183
Discretion inACTION Under Review Ch 7, p. 207
The “Sexting” Scandal Ch 1, p. 15 Rape Shield Laws Ch 8, p. 251
Murder or Manslaughter? Ch 3, p. 80 The Morality of the Death Penalty Ch 9, p. 289
Handle with Care Ch 4, p. 103 Civil Forfeiture Ch 10, p. 314
Deadly Force Ch 5, p. 155 Senseless Suffering? Ch 11, p. 333
A Valid Pretext? Ch 6, p. 177 Residency Restrictions Ch 12, p. 374
The Repugnant Client Ch 7, p. 218 Police in Schools Ch 13, p. 392
A Battered Woman Ch 8, p. 234 The Debate over Gun Control Ch 14, p. 434
Cheating the System Ch 9, p. 270

Cause for Compassion? Ch 10, p. 310
Downing a Duck Ch 12, p. 363
Juvenile Drunk Driving Ch 13, p. 401
Bragging about Bombing Ch 14, p. 421
Special Features xi
Preface
Continuing a tradition established by its eight predecessors, justice professional or other CJ participant and make
the Ninth Edition of Criminal Justice in Action, The Core a difficult decision. Nine new Discretion in Action fea-
provides students with all the facts, analyses, and real-life tures drive home the pivotal role that discretion plays
examples they will need to be successful in this course. in the criminal justice system, a subject that we have
Relying on the help and advice of the many criminal justice expanded upon over the past several editions of Crimi-
professors who have adopted this best-selling textbook nal Justice in Action, The Core.
over the years, we are confident that we have established an
This expanded coverage of ethics, policy, and discretion
invaluable introduction to the field.
allows us to present a panoramic view of important criminal
Pushed by the constantly changing, constantly chal-
justice issues. Chapter 5, for example, opens with an account
lenging world of crime and justice, however, we feel that we
of a disputed police shooting in Bexar County, Texas, that
have upped the ante for ourselves and for those who study
spurred local authorities to purchase body-worn cameras
and teach this book. In this edition, we offer the criminal
for local law enforcement officers. Throughout the chapter,
justice system not simply as a subject to be learned and
the issue is revisited as we discuss policies that limit a police
taught, but as a crucial American institution to be critiqued
officer’s discretion regarding the operation of body-worn
and held to the highest moral and ethical standards.
cameras, how such cameras may influence a police officer’s
ethical decision making, the role of the cameras in ensuring
Ethics, Discretion, police accountability, and the legal ramifications of use-of-
and Public Policy force evidence gathered by this new technology.
Criminal Justice in Action, The Core provides students not
only with the tools to understand how the criminal justice Careers in Criminal Justice
system does work, but also the opportunity to express their We are well aware that many students using this text are
opinions on how the criminal justice system should work. interested in a criminal justice career. Consequently, as in
This opportunity presents itself primarily in the following previous editions, each chapter of Criminal Justice in Action,
three components, the first two of which are new to the The Core, Ninth Edition includes a Careers in CJ feature in
Ninth Edition: which a criminal justice practitioner presents a personal
• Ethics Challenges. Each chapter contains three of account of his or her occupation. These features also
these short challenges, placed at the end of a section. include a Social Media Career Tip, designed to help stu-
As well as reinforcing an important concept from that dents succeed in today’s difficult labor market by success-
section, the challenges allow students to explore their fully navigating the opportunities and pitfalls of searching
own values in the context of the criminal justice system. for employment online.
Subjects covered include the use of deception during To this same end, each chapter of the Ninth Edition
police interrogations (Chapter 6), for-profit bail (Chap- also includes a new feature entitled Getting LinkedIn.
ter 8), and the ability of juvenile suspects to understand These items focus on a profession such as computer foren-
their Miranda rights (Chapter 13). sics, victim advocacy, or homeland security, providing
students with information on how to best research the pro-
• CJ Policy—Your Take. This chapter-specific margin
fession while visiting the popular business-oriented social
feature engages students by asking them to critique
networking website.
a hot-button criminal justice policy issue. Examples
include Oregon’s Death with Dignity Act (Chapter 1),
state “stand-your-ground” self-defense laws (Chapter 3), Further Changes
and the disenfranchisement of ex-convicts (Chapter 11). to the Ninth Edition
• Discretion in Action. As in previous editions, this fea- Each chapter in the Ninth Edition begins with a new “ripped
ture asks students to step into the shoes of a criminal from the headlines” vignette that introduces the themes to
xiii
be covered in the pages that follow. Furthermore, the text of each chapter. Chapter-opening vignettes are followed by
continues to reflect the ever-changing nature of our topic, three critical analysis questions, which relate back to the
with hundreds of new references to research involving vignette and introduce themes important to the upcoming
crime and criminal behavior and real-life examples chapter. Other critical-thinking tools in Criminal Justice in
describing actual crimes. The Ninth Edition also includes Action, The Core, Ninth Edition, include:
dozens of new features and figures, as well as discussions
• Learning Objectives. At the beginning of each chapter,
of every relevant United States Supreme Court decision
students are introduced to up to ten learning objec-
that has been handed down since the previous edition.
tives (LOs) for that chapter. For example, in Chapter
Three other extensive changes to the Ninth Edition
10, “The Criminal Trial,” Learning Objective 2 (LO2)
involve topics crucial to the American criminal justice
asks students to “Explain what ‘taking the Fifth’ really
system:
means.” The area of text that furnishes the information
• Mental Illness. We have significantly increased our is marked with a square LO2 graphic, and, finally, the
coverage of the challenges facing the criminal jus- correct answer is found in the chapter-ending materi-
tice system involving the mentally ill. Six chapters of als. This continuous active learning will greatly expand
Criminal Justice in Action, The Core now include in-depth students’ understanding of dozens of crucial criminal
discussions of this subject, covering a variety of issues justice topics.
such as the link between mental illness and offending • CJ Controversy. Each chapter of the textbook includes
and victimization, law enforcement strategies for man- one of these features, which start with a short summary
aging mentally ill criminal suspects, and the impact of of a controversial criminal justice topic, followed by gen-
mentally ill inmates on American prisons and jails. eral “for” and “against” arguments concerning that topic.
• Public Trust in Law Enforcement. A series of high- Then, students are asked to go online and research a
profile incidents in which law enforcement agents have specific issue, event, or policy related to the controversy
either injured or killed unarmed civilians has led to surrounding the topic. Finally, students have the oppor-
increased public scrutiny of police use of force. We tunity to analyze the results of their research in a short
examine this controversial topic from the point of view writing assignment of at least two paragraphs. These
of community members who feel they are unfairly tar- features not only help students improve writing and
geted by police violence, and from the point of view of critical thinking skills, but they also act as a review of
police officers who feel they are placed in a “no win” sit- important material in the chapter.
uation when it comes to use-of-force law and practice.
• Privacy versus Security. Chapter 14 of the Ninth Edi-
tion includes a new section that covers the controver-
Chapter-by-Chapter
sies surrounding the federal government’s efforts Organization of the Text
to balance civil liberties and homeland security. This edition’s fourteen chapters blend the principles of
The section focuses on complex issues of mass sur- criminal justice with current research and high-interest
veillance and privacy in the age of terrorism, and examples of what is happening in the world of crime and
discusses how far we, the people, should allow the crime prevention right now. What follows is a summary of
government to stretch the Fourth Amendment when it each chapter, along with a description of some of the revi-
comes to collecting our personal data. sions to the Ninth Edition.
Concentrated Part 1: The Criminal

Critical Thinking Justice System
As with previous editions, the Ninth Edition of Criminal Chapter 1 provides an introduction to the criminal justice
Justice in Action, The Core focuses on developing critical system’s three major institutions: law enforcement, the
thinking. Almost every feature and photo caption in the courts, and corrections. The chapter also answers concep-
textbook includes a critical thinking question, and students tual questions such as “what is crime?” and “what are the
are provided with five additional such questions at the end values of the American criminal justice system?”
xiv Preface
• Students are introduced to a number of social jus- officers to trick suspects into raiding non-existent “stash
tice issues that will be revisited throughout the text- houses” full of nonexistent weapons and illegal drugs.
book, including law enforcement’s relationship with
minority communities in the United States, efforts
to help ex-inmates reintegrate into society, and the Part 2: The Police
problem of wrongful convictions. and Law Enforcement
• A new CJ Controversy feature (“Encryption and Terror- Chapter 4 acts as an introduction to law enforcement in the
ism”) that addresses the balancing act between protect- United States today. This chapter offers a detailed descrip-
ing personal information on the Internet and on devices tion of the country’s numerous local, state, and federal law
such as smartphones, and the government’s need to enforcement agencies and examines the responsibilities
access such information to prevent and investigate ter- and duties that come with a career in law enforcement.
rorist attacks. • A new Discretion in Action feature (“Handle with Care”)
Chapter 2 furnishes students with an understanding of asks students to put themselves in the shoes of two
t areas fundamental to criminal justice: (1) the various
two police officers who must decide what level of force to
methods of measuring crime, including the FBI’s Uni- use against a mentally ill suspect who may or may not
form Crime Report and the U.S. Department of Justice’s pose a threat to herself, themselves, and others.
National Crime Victimization Survey, and (2) criminology, • A new discussion of “hard”- and “soft”-power strate-
providing students with insight into why crime occurs. gies being implemented by local police departments
Then, in later chapters, they shift their attention toward to combat domestic terrorism—the “hard” strategies
combating it. focusing on “hostile surveillance” and militaristic
weaponry, and the “soft” strategies relying on commu-
• A new M Myth
yth vs. Reality feature (“‘Black on Black’
nity outreach.
Violence”) explores several misconceptions concerning
the intersections between race, offending, and victim- Chapter 5 puts students on the streets and gives them a
ization in the United States. gritty look at the many challenges of being a law enforce-
• A new discussion on the rapidly evolving drug land- ment officer. It starts with a discussion of the importance of
scape in this country, including a description of wide- discretion in law enforcement and then moves on to polic-
spread destruction caused by prescription drug and ing strategies and issues in modern policing, such as the
heroin abuse and a new CJ Policy—Your Take feature “thin blue line,” corruption, and the use of force.
asks students to consider a federal law legalizing mari- • Throughout the chapter, the emergent issue of police
juana throughout the United States. accountability is given panoramic coverage, including
a new chapter-opening vignette (“First Impressions”)
Chapter 3 lays the foundation of criminal law. It addresses
about the impact of two citizen cell phone videos on
constitutional law, statutory law, and other sources of
media coverage of a fatal police shooting in Texas, a new
American criminal law before shifting its focus to the legal
Discretion in Action feature (“Deadly Force”) based on the
framework that allows the criminal justice system to deter-
real-life killing of twelve-year-old Tamir Rice by a police
mine and punish criminal guilt.
officer in Cleveland, and a new section entitled “Issues
• A new chapter-opening vignette (“No Good Deed . . .”) uses of Race and Ethnicity,” which covers topics such as how
the example of Eddie Ray Routh, who was convicted of police use of force has impacted relations with minority
murdering “American Sniper” Chris Kyle, to highlight the communities in the United States and how the federal
difficulties of successfully offering a not-guilty-by-reason- government uses civil rights investigations to combat
of-insanity defense under American criminal law. misbehavior by local law enforcement agencies.
• The three new Ethics Challenges in this chapter con- • A new discussion of crisis intervention teams, or
front the morality of criminal laws that promote the partnerships with mental health professionals, used
good of the community over the wishes of the individ- by a growing number of local police departments to
ual, punish parents who negligently allow their children improve local law enforcement’s response to the chal-
access to firearms, and allow federal law enforcement lenges posed by mentally ill suspects.
Preface xv
Chapter 6 examines the sometimes uneasy relationship certain Colorado jurisdictions to determine whether a
between law enforcement and the U.S. Constitution by explain- defendant will “jump bail” before trial, along with a new
ing the rules of being a police officer. Particular emphasis is Ethics Challenge that focuses on the ethical implica-
placed on the Fourth, Fifth, and Sixth Amendments, giving tions of America’s “for-profit bail industry.”
students an understanding of crucial concepts such as prob- • Three new ffigures
igures use excerpts from actual court
able cause, reasonableness, and custodial interrogation. records to give students a first-hand understand-
• A new section on cell phones and the Fourth Amend- ing of three crucial aspects of the criminal trial: jury
ment features discussions of the legality of law enforce- selection, the opening statement, and the art of the
ment efforts to track these devices and the Supreme cross-examination.
Court’s recent decision that police officers need a war- Chapter 9 links the many different punishment options for
rant to search the content of a suspect’s cell phone. those who have been convicted of a crime with the theoreti-
• A new section discusses the role that police interroga- cal justifications for those punishments. The chapter also
tion tactics may play in the troubling phenomenon of examines punishment in the policy context, weighing the
false confessions. public’s desire for ever-harsher criminal sanctions against
the consequences of such governmental strategies.
Part 3: Criminal Courts • The subject of mandatory minimum sentencing arises
Chapter 7 takes a big-picture approach in describing the
several times in this chapter. First, a new chapter-
American court system, giving students an overview of the opening vignette (“A Long Time Gone”) introduces the
basic principles of our judicial system, the state and federal growing national concern caused by such sentences
court systems, and the role of judges, prosecutors, and for nonviolent offenders. Then, a new discussion of
defense attorneys in the criminal justice system. efforts to repeal state mandatory minimum sentenc-
• The court system’s ability to live up to societal expecta
ex - ing laws shows how these laws have fallen into some
tions of truth and justice, a running theme of the third disrepute.
part of this textbook, is explored in the chapter’s new • An updated overview of the declining use of the death
chapter-opening vignette (“Minor Threat?”) on the fate penalty in the United States includes new discussions
of Anthony Elonis, whose challenge of his conviction of problems surrounding lethal injection drugs and the
for posting violent rap lyrics on the Internet eventually Supreme Court’s recent decision concerning capital
reached the United States Supreme Court. punishment of the mentally ill.
• A new discussion of the community pressures faced
by public prosecutors, including an examination of Part 4: Corrections
State’s Attorney Marilyn Mosby’s decision to charge six Chapter 10 makes an important point, and one that is
Baltimore police officers following the death of Freddie often overlooked in the larger discussion of the American
Gray while in custody and a new CJ & Technology fea- corrections system: not all of those who are punished need
ture explaining the ramifications of American’s glut of to be placed behind bars. This chapter explores the com-
untested rape kits. munity corrections options, from probation to parole to
Chapter 8 provides students with a rundown of pretrial intermediate sanctions such as intensive supervision and
procedures and highlights the role that these procedures home confinement.
play in America’s adversary system. Chapter materials also • A new chapter-opening vignette (“Family Ties”) com-
place the student in the courtroom and give her or him a pares two possible sentencing options—prison or
comprehensive understanding of the steps in the criminal probation—for a young woman who killed her cousin
trial. while driving drunk.
• To help students understand recent attempts to • Recognizing trends of innovative thinking among
improve the effectiveness of pretrial detention strate- corrections officials, we include a new discussion
gies, a new figure lists the risk factors used by courts in of risk assessment tools and “swift and certain”
xvi Preface
punishments designed to keep probationers from punishment. The chapter contains a strong criminologi-
recidivating. cal component as well, scrutinizing the various theories of
why certain juveniles turn to delinquency and what steps
Chapter 11 focuses on prisons and jails. Record-high
society can take to stop them from doing so before it is
rates of incarceration have pushed these institutions to the
“too late.”
forefront of the criminal justice system, and this chapter
explores the various issues—such as overcrowding and the • A new C CJJ Policy—Your Take margin feature addresses
emergence of private prisons—that have resulted from the whether juvenile sex offenders should be treated the
prison population boom. same as adult sex offenders when it comes to lifelong
legal constraints such as residency restrictions and
• Continuing our focus on mentally ill offenders
of and the
inclusion on sex-offender registries.
criminal justice system, we have updated our section on
the challenges facing jail administrators because of • A new Discretion in Action feature (“Juvenile Drunk
high rates of mental illness among inmates to include Driving”) asks students to decide whether a seventeen-
a new figure describing Miami-Dade County’s Criminal year-old who commits vehicular homicide should be
Mental Health Project. charged as a juvenile or as an adult.
• Three new Ethics Challenges ask students to comment Chapter 14 concludes the text by taking an expanded look
on ethical issues surrounding low wages for inmate at four crucial criminal justice topics: (1) privacy in the age
employment, health care in private prisons, and the of terrorism, (2) cyber crime, (3) gun conrol, and (4) white-
practice of charging pretrial detainees for their meals collar crime.
behind bars.
• Starting with a discussion of four decades’ worth of
Chapter 12 is another example of our efforts to get stu- crucial antiterrorism legislation, a new section entitled
dents “into the action” of the criminal justice system, put- “Security vs. Liberty” gives students a comprehensive
ting them in the uncomfortable position of being behind look at the current state of civil liberties in the context
bars. This chapter also answers the crucial question, “What of homeland security. The section includes discussions
happens when the inmate is released back into society?” of the constitutionality of governmental mass surveil-
lance techniques and the use of Internet speech to
• As part of our panoramic examination of the roles of
ensnare potential “known wolf ” domestic terrorists.
correctional officers in prisons and jails: a new Getting
LinkedIn feature that highlights the profession, a new • A new C CJJ & Technology feature (“Hacking the ‘Internet
Discretion in Action feature (“Downing a Duck”) that of Things’”) examines the cyber crime–related risks that
focuses on how inmates are sometimes able to manipu- emerge when hundreds of everyday objects such as auto-
late correctional officers, and a new discussion of the mobiles, refrigerators, and televisions are connected to
recent Supreme Court decision that makes correctional the Internet via tiny, weakly protected computer chips.
officers more susceptible to civil rights violation law-
suits for excessive use of force against inmates.
• A new section entitled “What Works in Reentry”
Special Features
describes strategies developed by corrections officials Supplementing the main text of Criminal Justice in Action,
to help ex-convicts succeed following release from The Core, Ninth Edition, are more than one hundred eye-
prison, including reentry courts and various laws catching, instructive, and penetrating special features.
designed to aid offenders in the difficult task of finding These features, described below with examples, have been
post-incarceration employment. designed to enhance the student’s understanding of a par-
ticular criminal justice issue.
Part 5: Special Issues Careers in CJ: As stated before, many students reading
Chapter 13 examines the juvenile justice system, giving this book are planning a career in criminal justice. We have
students a comprehensive description of the path taken provided them with an insight into some of these careers
by delinquents from first contact with police to trial and by offering first-person accounts of what it is like to work
Preface xvii
as a criminal justice professional. Each Career in CJ feature sometimes perplexing examples of foreign criminal justice
also includes a Social Media Career Tip to help students practices in order to give students a better understanding of
succeed in today’s competitive labor market for criminal our domestic ways.
justice professionals.
• “The Great Firewall of China” (Chapter 14), an updated
• In Chapter 13, Carl McCullough, a former professional feature, describes China’s efforts to limit and control the
football player, provides an inside look at his duties as a use of the Internet through criminal laws to an extent
resident youth worker at a juvenile detention center in that is unimaginable to most Americans.
Hennepin County, Minnesota.
CJ Controversy: Each one of these features introduces
Mastering Concepts: Some criminal justice topics students to a controversial topic related to the text of the
require additional explanation before they become crystal chapter in which it appears. Following a short introduction,
clear in the minds of students. This feature helps students students are provided with arguments “for” and “against”
to master many of the essential concepts in the textbook. a particular aspect of the topic, to give them a better idea
of the basis for the controversy. Then, they are asked to
• In Chapter 6, this feature helps students understand
research the topic online and write a short essay outlining
the legal differences between a police stop and a police
their own opinions on the relevant controversy. Not only do
arrest.
these features highlight an interesting aspect of the crimi-
Discretion in Action: This feature puts students in nal justice system, but they also help students improve their
the position of a criminal justice actor in a hypothetical case research, writing, and critical thinking skills.
or situation that is based on a real-life event. The facts of • In Chapter 3’s new ffeature,
eature, “Hate Crime Laws,” students
the case or situation are presented with alternative possible are asked to decide whether society benefits from laws
outcomes, and the student is asked to take the part of the that punish those who commit crimes motivated by bias
criminal justice professional or lay participant and make a more harshly than if no bias were present.
decision. Students can then consult Appendix B at the end
of the text to learn what actually happened in the offered Landmark Cases: Rulings by the United States
scenario. Supreme Court have shaped every area of the criminal
justice system. In this feature, students learn about and
• “The ‘Sexting’ Scandal” (Chapter 1), a new feature,
feature,
analyze the most influential of these cases.
requires students to play the role of a prosecutor who
must decide whether to expend scarce resources by • In Chapter 12 “Brown v. Plata” (2011), the Supreme
charging a large group of high school students with Court ordered California corrections officials to reduce
crimes related to child pornography for sharing inap- the state’s prison population after deciding that over-
propriate images of themselves with each other online. crowding was denying inmates satisfactory levels of
health care.
CJ & Technology: Advances in technology are con-
stantly transforming the face of criminal justice. In these Myth vs Reality: Nothing endures like a good myth.
features, which appear in nearly every chapter, students In this feature, we try to dispel some of the more enduring
learn of one such emergent technology and are asked to myths in the criminal justice system while at the same time
critically evaluate its effects. asking students to think critically about their consequences.
• This new ffeature

eature in Chapter 3 describes how American • “Are Too Many Criminals Found Not Guilty by Reason of
criminal law is responding to the challenges posed by Insanity?” (Chapter 3) dispels the notion that criminal
the increased civilian use of Unmanned Aerial Vehicles, justice is “soft” because it lets scores of “crazy” defen-
or drones. dants go free due to insanity.
Comparative Criminal Justice: The world offers

a dizzying array of different criminal customs and codes, Extensive Study Aids
many of which are in stark contrast to those accepted Criminal Justice in Action, The Core, Ninth Edition, includes
in the United States. This feature provides dramatic and a number of pedagogical devices designed to complete the
xviii Preface
student’s active learning experience. These devices include revision of Criminal Justice in Action, The Core. We believe
the following: that the Ninth Edition is even more responsive to the needs
of today’s criminal justice instructors and students alike
• Concise chapter outlines appear at the beginning of
because we have taken into account the constructive com-
each chapter. The outlines give students an idea of what
ments and criticisms of our reviewers and the helpful sug-
to expect in the pages ahead, as well as a quick source
gestions of our survey respondents.
of review when needed.
• Dozens of key terms and a running glossary focus We continue to appreciate the extensive research efforts of
students’ attention on major concepts and help them Shawn G. Miller and the additional legal assistance of Wil-
master the vocabulary of criminal justice. The chosen liam Eric Hollowell. Product Manager Carolyn Henderson-
terms are boldfaced in the text, allowing students to Meier supplied crucial guidance to the project through her
notice their importance without breaking the flow suggestions and recommendations. At the production end,
of reading. On the same page that a key term is high- we once again feel fortunate to have enjoyed the services of
lighted, a margin note provides a succinct definition of our content project manager, Ann Borman, who oversaw
the term. For further reference, a glossary at the end of virtually all aspects of this book. Additionally, we wish to
the text provides a full list of all the key terms and their thank the designers of this new edition, tani hasegawa (inte-
definitions. rior) and Irene Morris (cover), who have created what we
• Each chapter has at least four figures, which include believe to be the most dazzling and student-friendly design
graphs, charts, and other forms of colorful art that of any text in the field. We are also thankful for the services
reinforce a point made in the text. This edition includes of all those at Lachina who worked on the Ninth Edition,
eleven new figures. particularly Dane Torbeck. The eagle eyes of Sue Bradley
and Beverly Peavler, who shared the duties of copyediting
• Hundreds of photographs add to the overall readabil-
and proofreading, were invaluable.
ity and design of the text. Each photo has a caption,
A special word of thanks must also go to those respon-
and most of these captions include a critical-thinking
sible for creating the MindTap that accompanies Criminal
question dealing with the topic at hand. This edition
Justice in Action, The Core, including content developer
includes nearly one hundred new photos.
Jessica Alderman. We are also grateful to Jessica for ensur-
• At the end of each chapter, students will find five Ques- ing the timely publication of supplements, along with con-
tions for Critical Analysis. These questions will help
tent development services manager Joshua Taylor. A final
the student assess his or her understanding of the just-
thanks to all of the great people in marketing who helped
completed chapter, as well as develop critical-thinking
to get the word out about the book, including marketing
skills.
manager Mark Linton, who has been tireless in his attention
to this project.
Acknowledgments Any criminal justice text has to be considered a work
Throughout the creation of the nine editions of this text, in progress. We know that there are improvements that we
we have been aided by hundreds of experts in various can make. Therefore, write us with any suggestions that you
criminal justice fields and by professors throughout the may have.
country, as well as by numerous students who have used L. K. G.
the text. We sincerely thank all who participated on the R. L. M.
Preface xix
Dedication
This book is dedicated to my good friend and colleague,

Lawrence Walsh, of the Lexington, Kentucky Police
Department. When I was a rookie, he taught me about
policing. When I became a researcher, he taught me about
the practical applications of knowledge. He is truly an
inspiring professional in our field.
L.K.G.
For Lorraine,
Your positive outlook about life keeps you on top.
Stay there.
R.L.M.
1
Criminal
Justice Today
Chapter Outline Corresponding Learning Objectives
What Is Crime? 1 Describe the two most common models of how

society determines which acts are criminal.
The Purpose of 2 Explain two main purposes of the criminal justice

the Criminal system.
Justice System
The Structure 3 Outline the three levels of law enforcement.

of the Criminal
Justice System 4 List the essential elements of the corrections system.
Discretion 5 Explain the difference between the formal and

and Ethics informal criminal justice processes.
6 Define ethics, and describe the role that it plays in

discretionary decision making.
Criminal 7 Contrast the crime control and due process models.

Justice Today
8 List the major issues in criminal justice today.
Times/Redux Pictures
To target your study and review, look for these numbered Learning
Objective icons throughout the chapter.
The New York Times
SAM HODGSON/The
the
Echo Chamber
leading up to his death, Elton Simpson Garland cartoon contest with assault rifles. Before driving
hardly kept his support for the Islamic State, an extremist to the event, Simpson posted a message on Twitter using
terrorist group operating out of the Middle East, a secret. In #texasattack as a hashtag. Even though the Islamic State
particular, Simpson’s Twitter contacts included Mohammed took responsibility for the incident, U.S. authorities could
Hassan, who used social media to promote the Islamic State not establish any direct contact between Simpson and the
(also called ISIS or ISIL) from a base in the African country foreign organization. Rather, counterterrorism investigators
of Somalia. On April 23, 2015, Hassan went on Twitter to believe that Simpson was an Internet enthusiast who
condemn an upcoming cartoon contest in Garland, Texas, got caught up in the “echo chamber” of recruitment
which was to feature drawings of the Prophet Mohammed, propaganda on social media. “The ISIS guys are talking to
images that are considered taboo by many Muslims. these wannabes on Twitter all day long,” said one expert.
Referring to a recent deadly attack on a French satirical “It’s like the devil is sitting on their shoulder.”
newspaper that had printed the prophet’s likeness, Hassan The difficulty for America’s counterterrorism
encouraged “our brothers in the #US to do their part.” infrastructure is determining which of “these wannabes”
Ten days later, Simpson, who had expressed online are merely spouting fantasies and which are planning
approval of Hassan’s call to arms, and a partner were actual violence. In fact, Simpson had been the subject
killed by law enforcement when they opened fire on the of intermittent Federal Bureau of Investigation (FBI)
surveillance for several months before the
Garland event. FBI agents could not, however,
find any hard evidence that he intended
to make good on his various threats. With
hundreds of suspects in the United States
constantly expressing online sympathy for
various extremist ideologies, authorities
do not have the resources to keep them all
Ben Torres/Stringer/Getty Images
under control. In the words of one senior law

enforcement official, “There are so many like
[Simpson] that you have to prioritize your
investigations.”
1. Would you be in favor of a federal law that allowed

law enforcement authorities to arrest
ar any person
who expressed support for violent terrorism on social
▲ Federal law enforcement agents work the crime scene after media? Why or why not?
Elton Simpson and an accomplice opened fire on the Muhammad 2. What are the arguments for and against requiring that
Art Exhibit and Cartoon Contest in Garland, Texas.
social media companies such as Twitter
T and Instagram
monitor their users for possible terrorist activity and
report any suspicious behavior to law enforcement?
3. Suppose that Jaylen, an American citizen, drives a
friend to the airport so that the friend can travel to
Syria and join the Islamic State in the Middle East.
Has Jaylen committed a crime? Explain your answer.
4 Criminal Justice in Action
What Is Crime? crime An act that violates criminal
law and is punishable by criminal
Members of the public often wonder why terrorist sympathizers such as Elton Simpson sanctions.
are allowed to operate with impunity on the Internet. The answer is relatively straightfor- consensus model A criminal justice
model in which the majority of citizens
ward: American criminal law does not prohibit individuals from making anti-American in a society share the same values
and beliefs. Criminal acts are acts
statements or expressing sympathy with extreme terrorist organizations. At the same that conflict with these values and
time, our laws do prohibit individuals from making threats that pose a “clear and pres- beliefs and that are deemed harmful
to society.
ent danger” of harm to others.1 So, in November 2015, federal authorities arrested Ohio
hospital worker Terrence J. McNeil after he reposted a “kill list” on Tumblr that contained
detailed personal information about one hundred U.S. military members earmarked for
death by the Islamic State.
Had McNeil been content with making posts such as, “Somebody should park a car
bomb in front of a church, school, or mall” on Facebook, he likely would have avoided
arrest. By reposting the Islamic State’s list of targeted military personnel with an exhorta-
tion to “kill them wherever you find them,” McNeil crossed a legal line, and was charged
with solicitation of a crime of violence.2 As this example shows, a crime is not simply
an act that seems dishonest or dangerous or particularly appalling. A crime is a wrong
against society that is proclaimed by law and that, if committed under specific circum-
stances, is punishable by the criminal justice system.
Determining Criminal Behavior

One problem with the definition of crime just provided is that it obscures the complex
nature of societies. A society is not static—it evolves and changes, and its concept
of criminality evolves and changes as well. On December 2, 2015, a married couple
apparently radicalized by online extremist Islamic propaganda killed fourteen people
and wounded twenty-one other victims in San Bernardino, California. Following this
attack, some legal experts called for a loosening of the “clear and present danger”
requirement. Eric Posner, a professor of law at the University of Chicago, even sug-
gested that it should be a crime to access websites that “glorify, express support, or
provide encouragement for” the Islamic State.3
Furthermore, different societies often have differing ideas of criminal behavior that
reflect local customs and norms. Several years ago, for example, a court in the Southeast
Asian country of Myanmar sentenced three men to two years in prison for posting an
image of the Buddha wearing headphones. It is highly unlikely that American courts,
bound by American traditions of free speech, would allow criminal sanctions for acts
that “offend the majority religion.” (See the feature Comparative Criminal Justice—No Hate
Learning Objective
Allowed to learn about another foreign custom that runs counter to our legal traditions.)
To more fully understand the concept of crime, it will help to examine the two 1 Describe the two most
common models of how
most common models of how society “decides” which acts are criminal: the consensus society determines which acts
model and the conflict model. are criminal.
The Consensus Model The term consensus refers to general agreement among
the majority of any particular group. Thus, the consensus model rests on the assump-
tion that as people gather together to form a society, its members will naturally come
to a basic agreement with regard to shared norms and values. Those individuals whose
actions deviate from the established norms and values are considered to pose a threat
to the well-being of society as a whole and must be sanctioned (punished). The society
passes laws to control and prevent unacceptable behavior, thereby setting the boundar-
ies for acceptable behavior within the group.4
CHAPTER 1 Criminal Justice Today 5
Comparative Criminal Justice
Central Intelligence Agency
No Hate Allowed Swedish law protects a citizen’s right to make “hateful”

statements in private. Such speech only becomes a crime when
After reading an online article about sexual violence against
it is expressed publicly or, as in Hess’s case, on the Internet.
women in Egypt, Swedish politician Michael Hess felt compelled
In recent years, Swedish courts have fined a woman $560 for
to offer his opinion on the subject. “When are you journalists
yelling “Death to Jews” in a crowd and sentenced an artist to six
going to realize that it is deeply ingrained in Islamic culture
months behind bars for exhibiting a poster that showed three
to rape and mistreat those women who do not abide by the
African men with nooses around their necks.
teachings of Islam?” Hess wrote. He then claimed that higher-
than-normal rates of sexual assault in certain areas of Sweden
For Critical Analysis
were caused by the presence of Islamic immigrants.
Besides Sweden, Western democracies such as Canada,
In the United States, with its long tradition of freedom of
Britain, Denmark, and Germany have criminal laws that punish
expression, such comments would not be subject to punish-
hate speech. Do you think that the United States should
ment. In Sweden, however, criminal law prohibits any speech
criminalize public hate speech that “threatens” or “disrespects”
that threatens or expresses disrespect for groups or individuals
members of minority groups? What would be some of
based on ethnicity, race, nationality, creed, or sexual orientation.
the consequences—both intended and unintended—of such
Consequently, Hess was convicted of “hate speech” and fined
a law?
about $5,000.
The consensus model, to a certain extent, assumes that a diverse group of people
can have similar morals. In other words, they share an ideal of what is “right” and
“wrong.” Consequently, as public attitudes toward morality change, so do laws. In seven-
teenth-century America, a person found guilty of adultery (having sexual relations with
someone other than one’s spouse) could expect to be publicly whipped, branded, or even
executed. Furthermore, a century ago, one could walk into a pharmacy and purchase
heroin. Today, social attitudes have shifted to consider adultery a personal issue, beyond
the reach of the state, and to consider the sale of heroin a criminal act.
The Conflict Model Some people reject the consensus model on the ground that
moral attitudes are not constant or even consistent. In large, democratic societies such
as the United States, different groups of citizens have widely varying opinions on contro-
versial issues of morality and criminality such as abortion, the war on drugs, immigra-
tion, and assisted suicide. These groups and their elected representatives are constantly
coming into conflict with one another. According to the conflict model, then, the most
politically powerful segments of society—based on class, income, age, and race—have
the most influence on criminal laws and are therefore able to impose their values on the
rest of the community.
Consequently, what is deemed criminal activity is determined by whichever group
happens to be holding power at any given time. Because certain groups do not have
morals Principles of right and wrong access to political power, their interests may not be served by the criminal justice system.
behavior, as practiced by individuals or For instance, nearly eight of every ten elected prosecutors in the United States are white
by society.
men, while only five percent of these posts are held by members of minority groups.5
conflict model A criminal justice
model in which the content of criminal Given the authority of prosecutors to decide which charges will be brought against
law is determined by the groups that defendants, this lack of diversity can contribute to mistrust of law enforcement in many
hold economic, political, and social
power in a community. minority communities.
An Integrated
Definition of Crime
Considering both the consensus and conflict
models, we can construct a definition of crime
that will be useful throughout this textbook.
For our purposes, crime is an action or activity
that is:
1. Punishable under criminal law, as

determined by the majority or, in some
instances, by a powerful minority.
2. Considered an offense against society as
a whole and prosecuted by public offi-
cials, not by victims and their relatives or
friends.
3. Punishable by sanctions based on laws ▲ Lawmakers are scrambling to devise regulations for the hoverboard, a
that bring about the loss of personal free- relatively new form of personal transportation that has become popular,
particularly among young people. What are the arguments for banning the
dom or life. use of such devices on city sidewalks and school hallways? Why might
using a hoverboard be considered deviant behavior? Timothy A. Clary/AFP/Getty Images
At this point, it is important to understand
the difference between crime and deviance, or
behavior that does not conform to the norms of a given community or society. Deviance
is a subjective concept. For example, some segments of society may think that smok smok-
ing marijuana or killing animals for clothing and food is deviant behavior. Deviant acts
become crimes only when society as a whole, through its legislatures, determines that
those acts should be punished—as is the situation today in the United States with using
certain drugs but not with eating meat. Furthermore, not all crimes are considered par-
ticularly deviant—little social disapprobation is attached to those who fail to follow the
letter of parking laws. In essence, criminal law reflects those acts that we, as a society,
agree are so unacceptable that steps must be taken to prevent them from occurring.
EthicsChallenge
Ethics Challenge
In this section, we used the example of killing animals for clothing and food as behavior that,
although deviant to some, is generally accepted by the majority. What is a widespread activity
that, although considered “normal” in modern American society, goes against your personal
values or morals? What is the likelihood that this activity eventually will become illegal in the
United States? ■
The Purpose of the

Criminal Justice System
deviance Behavior that is
Defining which actions are to be labeled “crimes” is only the first step in safeguarding considered to go against the norms
society from criminal behavior. Institutions must be created to apprehend alleged wrong- established by society.
doers, to determine whether these persons have indeed committed crimes, and to punish criminal justice system
The interlocking network of law
those who are found guilty according to society’s wishes. These institutions combine to enforcement agencies, courts, and
corrections institutions designed to
form the criminal justice system. As we begin our examination of the American criminal
enforce criminal laws and protect
justice system in this introductory chapter, it is important to have an idea of its purpose. society from criminal behavior.
Careers in CJ
Courtesy F. W. Gill
FASTFACTS F. W. Gill
Youth intervention specialist/ Gang Investigator
gang investigator
The problem, for most of these kids, is that nobody cares. Their parents don’t, or
Job description:
can’t, get involved in their children’s lives. (How many times have I heard parents
• Conducts assessments deny that their son or daughter is a gang banger, even though it’s obvious?)
and refers at-risk youth
to appropriate activities, Teachers are in the business of teaching and don’t, or can’t, take the time to get to
programs, or agencies. know their most troubled students. So, when I’m dealing with gang members, the
• Serves as a liaison between
first thing I do is listen. I don’t lecture them, I don’t tell them that they are throwing
the police department, away their lives. I just listen. You’d be amazed how effective this can be—these
schools, other agencies, and kids, who look so tough on the outside, just want an adult to care.
the community regarding Not that there is any magic formula for convincing a gang member to go
gang and other youth-related straight. It is very difficult to get someone to change his or her lifestyle. If they don’t
matters.
want to change—really want to change—then nothing I can say or do is going to
What kind of make much of a difference. Unfortunately, there are many lost causes. I’ve even
training is required?
had a couple of cases in which a juvenile was afraid to leave the gang because his
• A bachelor’s degree in father was a gang member, and he insisted that the boy stay in the gang. I have had
counseling, criminal justice,
or other social science–related some success in convincing gang members to turn their lives around by joining the
field. Bilingual (English/ military. The military provides discipline and a new outlook on life, things that these
Spanish) skills are desired. kids badly need. The way I look at it, in some cases, war is the best shot these kids
Annual salary range? have at saving their own lives.
• $60,000–$80,000
S O C I A L M E D I A C A R E E R T I P When you are posting on Facebook,
assume that your post will be published in your local newspaper and
read by a potential employer. So, if you think the post might reflect
poorly on you as a potential employee, keep it offline.
Learning Objective Maintaining Justice

Explain two main purposes of 2 As its name implies, the explicit goal of the criminal justice system is to provide justice
the criminal justice system. to all members of society. Because justice is a difficult concept to define, this goal can be
challenging, if not impossible, to meet. Broadly stated, justice means that all individuals
are equal before the law and that they are free from arbitrary arrest or seizure as defined
by the law. In other words, the idea of justice is linked with the idea of fairness. Above all,
we want our laws and the means by which they are carried out to be fair.
Justice and fairness are subjective terms, which is to say that people may have dif dif-
ferent concepts of what is just and fair. If a woman who has been beaten by her husband
retaliates by killing him, what is her just punishment? Reasonable persons could dis-
agree, with some thinking that the homicide was justified and that she should be treated
leniently. Others might insist that she should not have taken the law into her own hands.
Police officers, judges, prosecutors, prison administrators, and other employees of the
criminal justice system must decide what is “fair.” Sometimes, their course of action is
obvious, but often, as we shall see, it is not.
justice The quality of fairness that Protecting Society

must exist in the processes designed
to determine whether individuals are
Within the broad mandate of “maintaining justice,” Megan Kurlychek of the University at
guilty of criminal wrongdoing. Albany, New York, has identified four specific goals of our criminal justice system:
1. To protect society from potential future crimes of the most dangerous or “risky” drug Any substance that modifies
biological, psychological, or social
offenders. behavior. In particular, an illegal
2. To determine when an offense has been committed and provide the appropriate substance with those properties.
punishment for that offense. psychoactive drugs Chemicals

that affect the brain, causing changes
3. To rehabilitate those offenders who have been punished so that it is safe to return in emotions, perceptions, and
them to the community. behavior.
4. To support crime victims and, to the extent possible, return them to their pre-
crime status.6
Again, though these goals may seem straightforward, they are fraught with challenges.
Throughout this textbook, we will be discussing the role that the criminal justice system
plays in controlling the use of illegal drugs in the United States. The broadest possible
definition of a drug, which includes alcohol, is any substance that modifies biological,
psychological, or social behavior. In the context of criminal law, the primary focus is on
psychoactive drugs such as cocaine and heroin, which affect the brain and alter con-
sciousness or perception.
Recently, our society has significantly changed its attitude toward one psychoactive
drug in particular: marijuana. Although marijuana production and use is still illegal under
federal law, state legislatures and voters across the nation have taken steps to lessen crimi-
nal punishments associated with the drug. As Figure 1.1 shows, thirty states now allow
the use of marijuana or THC—an active ingredient in marijuana—for medicinal purposes.
The drug has also been decriminalized in sixteen states, meaning that its use is treated as
an infraction similar to a traffic violation rather than as a crime. Finally, in 2014, Alaska,
Oregon, and Washington, D.C., joined Colorado and Washington State by legalizing small
amounts of marijuana sale and pos-
Figure 1.1 Marijuana and Criminal Law
session, a trend that is expected to
As this map shows, at the beginning of 2016 most states—representing about three-fourths of
continue in the near future. the population of the United States—allow for the use of marijuana under certain circumstances.
Proponents of this trend con- Remember that any use of the drug is outlawed under federal law.
tend that society benefits when the
criminal justice system is no longer Wash. N.H.
Maine
Vt.
required to expend scarce resources Mont. N.D. Minn.
Ore.
on arresting, trying, and incarcerating Idaho Wis. N.Y.
Mass.
S.D.
Mich.
nonviolent marijuana users. Oppo- Wyo. R.I.
Iowa Pa. Conn.
nents, however, point to the negative Nev. Neb.
Ohio N.J.
Utah Ill. Ind.
Calif. Del.
consequences of liberalized mari- Colo. Kan.
W.Va.
Md.
Mo. Va.
juana laws. These include a dramatic Ky. D.C.
N.C.
increase in the number of Americans Ariz. N.M. Okla. Ark.
Tenn.
S.C.
using the drug, which has led to a Miss. Ala. Ga.
concurrent rise in problems such as Texas La.
marijuana addiction and driving
Fla.
Alaska
under the influence of the drug.7 Both
Colorado and Washington State re-
ported a surge in marijuana-related Hawaii
calls to state poison control centers

in the first year of legalization.8 Thus, Marijuana or THC-based products allowed for medical use.
the question of whether permissive Marijuana has been decriminalized, or treated as a minor offense.
marijuana laws benefit or harm Small amounts of marijuana have been legalized for recreational purposes.
society is, like so many questions Marijuana allowed for medical use and decriminalized.
relating to criminal justice, complex No liberalized marijuana laws.
and difficult to answer.
The Structure of
the Criminal Justice System
Society places the burden of maintaining justice and protecting our communities
on those who work for the three main institutions of the criminal justice system: law
enforcement, the courts, and corrections. In this section, we take an introductory look at
these institutions and their role in the criminal justice system as a whole.
The Importance of Federalism

To understand the structure of the criminal justice system, you must understand the
concept of federalism, which means that government powers are shared by the national
( federal) government and the states. The framers of the U.S. Constitution, fearful of tyranny
and a too-powerful central government, chose the system of federalism as a compromise.
The appeal of federalism was that it established a strong national government
capable of handling large-scale problems while allowing for state powers and local tradi-
tions. For example, in 2015, California became the fifth state—after Montana, Oregon,
CJ Policy—Your Take Vermont, and Washington—to legalize physician-assisted suicide for certain terminally
ill patients. About a decade ago, the federal government challenged the decision made
Oregon’s Death with Dignity by voters in Oregon and Washington to allow the practice. The United States Supreme
Act permits physicians to Court sided with the states, ruling that the principle of federalism supported their free-
prescribe lethal drugs to com- dom to differ from the majority viewpoint in this instance.9 (See this chapter’s CJ Policy—
petent, adult patients who have
Your Take feature to express your own opinion of this highly controversial topic.)
been diagnosed with a terminal
illness and want to end their
The Constitution gave the national government certain express powers, such as the
lives. In most other states, if power to coin money, raise an army, and regulate interstate commerce. All other powers
a doctor takes such a step on were left to the states, including police power, which allows the states to enact whatever
behalf of a patient, that doc- laws are necessary to protect the health, morals, safety, and welfare of their citizens. As the
tor commits a crime. Which American criminal justice system has evolved, the ideals of federalism have ebbed some-
approach do you think is
what. Specifically, the powers of the national government have expanded significantly. In
in society’s best interests?
Why?
the early 1900s, only about one hundred specific activities were illegal under federal crimi-
nal law. Today, there are more than 4,500 federal criminal statutes, meaning that Ameri-
cans are increasingly likely to come in contact with the federal criminal justice system.10
Law Enforcement The ideals of federalism can be clearly seen in the local, state,
and federal levels of law enforcement. Though agencies from the different levels cooper-
ate if the need arises, they have their own organizational structures and tend to operate
independently of one another. We briefly introduce each level of law enforcement here
and cover them in more detail in Chapters 4, 5, and 6.
Learning Objective Local Law Enforcement On the local level, the duties of law enforcement agencies
Outline the three levels of 3 are split between counties and municipalities. The chief law enforcement officer of most
law enforcement. counties is the county sheriff. Those who hold the position of sheriff are typically elected,
often with a two- or four-year term. In some areas, where city and county governments
have merged, there is a county police force, headed by a chief of police. As Figure 1.2
shows, the bulk of all police officers in the United States are employed on a local level.
The majority of these work in departments that consist of fewer than 10 officers, though
a large city such as New York may have a police force of about 34,500.
federalism A form of government in
which a written constitution provides Local police are responsible for the “nuts and bolts” of law enforcement work.
for a division of powers between They investigate most crimes and attempt to deter crime through patrol activities. They
a central government and several
regional governments. apprehend criminals and participate in trial proceedings, if necessary. Local police are
Figure 1.2 Local, State, and Federal Employees in Our Criminal Justice System
192,354 62,756 37,955 293,065
108,295
882,965 254,148 259,951 1,397,064
175,075 451,512 734,882
Law Enforcement Judicial and Legal Corrections Total
Federal State Local

Source: Bureau of Justice Statistics, Justice Expenditure and Employment Extracts, 2012—Preliminary (Washington, D.C.: U.S. Department of Justice, July 2015), Table 2.
also charged with “keeping the peace,” a broad set of duties that includes crowd and
traffic control and the resolution of minor conflicts between citizens. In many areas,
local police have the added obligation of providing social services such as dealing with
domestic violence and child abuse.
State Law Enforcement Hawaii is the only state that does not have a state law enforce-
ment agency. Generally, there are two types of state law enforcement agencies: those des-
ignated simply as “state police” and those designated as “highway patrols.” State highway
patrols concern themselves mainly with infractions on public highways and freeways. Other
state law enforcers include fire marshals, who investigate suspicious fires and educate the
public on fire prevention; and fish, game, and watercraft wardens, who police a state’s natu-
ral resources and often oversee its firearms laws. Some states also have alcoholic beverage
control officers, as well as agents who investigate welfare and food stamp fraud.
Federal Law Enforcement The enactment of new national anti-terrorism, gun,

drug, and violent crime laws over the past forty years has led to an expansion in the size
and scope of the federal government’s participation in the criminal justice system. The
Department of Homeland Security, which we will examine in detail in Chapter 4, com-
bines the police powers of twenty-four federal agencies to protect the United States from
terrorist attacks. Other federal agencies with police powers include the Federal Bureau of
Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Secret Service,
and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In fact, almost every
federal agency, including the postal and forest services, has some kind of police power.
Federal law enforcement agencies operate throughout the United States and often work
in cooperation with their local and state counterparts. There can be tension between the difdif-
ferent branches of law enforcement, however, when state criminal law and federal criminal
law are incompatible. For example, even though states such as Alaska, Colorado, Oregon,
and Washington have legalized the sale and possession of small amounts of marijuana, the
drug is still illegal under federal law. Consequently, federal officers are authorized to make
marijuana arrests in those states, regardless of any changes to the states’ criminal codes.
The Courts The United States has a dual court system, which means that we have two
independent judicial systems, one at the federal level and one at the state level. In practice,
this translates into fifty-two different court systems: one federal court system and fifty
different state court systems, plus that of the District of Columbia. In general, defendants
charged with violating federal criminal law will face trial in federal court, while those
charged with violating state law will appear in state court.
The criminal court and its work group—the judge, prosecutors, and defense
attorneys—are charged with the weighty responsibility of determining the innocence or
guilt of criminal suspects. We will cover these important participants, their roles in the
criminal trial, and the court system as a whole in Chapters 7, 8, and 9.
Corrections Once the court system convicts and sentences an offender, she or he
is delegated to the corrections system. (Those convicted in a state court will be under
the control of that state’s corrections system, and those convicted of a federal crime will
find themselves under the control of the federal corrections system.) Depending on the
seriousness of the crime and their individual needs, offenders are placed on probation,
incarcerated, or transferred to community-based correctional facilities.
Learning Objective • Probation, the most common correctional treatment, allows the offender to return
List the essential elements of 4 to the community and remain under the supervision of an agent of the court known
the corrections system. as a probation officer. While on probation, the offender must follow certain rules of
conduct. When probationers fail to follow these rules, they may be incarcerated.
• If the offender’s
of sentence includes a period of incarceration, he or she will be
remanded to a correctional facility for a certain amount of time. Jails hold those
convicted of minor crimes with relatively short sentences, as well as those awaiting
trial or involved in certain court proceedings. Prisons house those convicted of more
serious crimes with longer sentences. Generally speaking, counties and municipali-
ties administer jails, while prisons are the domain of federal and state governments.
• Community-based corrections have increased in popularity as jails and prisons have
been plagued with problems of funding and overcrowding. Community-based cor-
rectional facilities include halfway houses, residential centers, and work-release
centers. They operate on the assumption that all
convicts do not need, and are not benefited by,
incarceration in jail or prison.
The majority of those inmates released from

incarceration are not finished with the corrections
system. The most frequent type of release from a
jail or prison is parole, in which an inmate, after
serving part of his or her sentence in a correctional
facility, is allowed to serve the rest of the term in
the community. Like someone on probation, a
parolee must conform to certain conditions of
freedom, with the same consequences if these
conditions are not followed. Issues of probation,
incarceration, community-based corrections, and
parole will be covered in Chapters 10, 11, and 12.
The Criminal
▲ America’s state and federal prisons hold just over 1.5 million inmates, Justice Process
while, on any given day, about 740,000 inmates are locked up in the nation’s
In its 1967 report, the President’s Commission
jails. What are the basic differences between prisons and jails? View Apart/
Shutterstock.com on Law Enforcement and Administration of Jus-
tice asserted that the criminal justice system
is not a hodgepodge of random actions. It is rather a continuum—an orderly progression of system A set of interacting parts
events—some of which, like arrest and trial, are highly visible and some of which, though of that, when functioning properly,
great importance, occur out of public view.11 achieve a desired result.
The commission’s assertion that the criminal justice system is a “continuum” is one
that many observers would challenge.12 Some liken the criminal justice system to a sports
team, which is the sum of an indeterminable number of decisions, relationships, conflicts,
and adjustments.13 Such a volatile mix is not what we generally associate with a “system.”
For most, the word system indicates a certain degree of order and discipline. That we refer
to our law enforcement agencies, courts, and correctional facilities as part of a “system” may
reflect our hopes rather than reality. Still, it will be helpful to familiarize yourself with the
basic steps of the criminal justice process, or the procedures through which the criminal jus-
tice system meets the expectations of society. These basic steps are provided in Figure 1.3.
Figure 1.3 The Criminal Justice Process

This diagram provides a simplified overview of the basic steps of the criminal justice process,
from criminal act to release from incarceration. Below each step, you will find the chapter of this
textbook in which the event is covered.
Step 1: Entry into the System
Criminal Act
(Ch. 3)
Criminal Investigation
(Chs. 4 & 5)
Arrest (Ch. 6 )
Step 2: Prosecution and Pretrial Services
Preliminary Hearing
or Grand Jury (Ch. 8)
Charge Dismissed
(Ch. 8)
Step 3: Adjudication
Arraignment (Ch. 8)
Plea: Guilty
Plea: Not Guilty
(Ch. 8)
Criminal Trial (Ch. 8)

Verdict:
Verdict: Not Guilty
Guilty
Step 4: Sentencing and Sanctions
Sentencing (Ch. 9)
Probation (Ch. 10)
Step 5: Corrections
Prison or Jail (Chs. 11 & 12)
Release from Incarceration (Chs. 10 & 12)
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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

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(eTextbook PDF) for Criminal Justice in

Action: The Core 9th Edition

The Structure of the Police Department 131 Searches of Automobiles 175

Police Investigations 134 Electronic Surveillance 178

Aggressive Investigation Strategies 135 Stops and Frisks 180

7 Courts and the

Pretrial Detention 227 The Purpose of Sentencing 263

Reintegration 297 Types of Prisons 331

Diversion 297 Inmate Population Trends 335

Probation: Doing Time in the Community 299 Decarceration 336

Sentencing and Probation 299 The Emergence of Private Prisons 338

Revocation of Probation 304 The Future of Private Prisons 340

Does Probation Work? 305 Jails 341

Comparing Probation and Parole 306 Jail Administration 343

Discretionary Release 308 New-Generation Jails 344

Parole Guidelines 310

Intensive Supervision Probation 314 Prison Culture 353

11 Prisons and Jails 323

13 The Juvenile 14 Crucial Issues in

The Evolution of American Juvenile Security vs. Liberty 415

Chapter Opening Stories Careers in CJ

High-Tech Cops Ch 4, p. 106 Women Make Bad Cops Ch 4, p. 115

Conducted Energy Devices (CEDs) Ch 5, p. 152 Consent to Search Automobiles Ch 6, p. 175

Untested Rape Kits Ch 7, p. 216

The “Sexting” Scandal Ch 1, p. 15 Rape Shield Laws Ch 8, p. 251

Murder or Manslaughter? Ch 3, p. 80 The Morality of the Death Penalty Ch 9, p. 289

Handle with Care Ch 4, p. 103 Civil Forfeiture Ch 10, p. 314

Deadly Force Ch 5, p. 155 Senseless Suffering? Ch 11, p. 333

A Valid Pretext? Ch 6, p. 177 Residency Restrictions Ch 12, p. 374

The Repugnant Client Ch 7, p. 218 Police in Schools Ch 13, p. 392

Cheating the System Ch 9, p. 270

Concentrated Part 1: The Criminal

• This new ffeature

Comparative Criminal Justice: The world offers

This book is dedicated to my good friend and colleague,

Chapter Outline Corresponding Learning Objectives

What Is Crime? 1 Describe the two most common models of how

The Purpose of 2 Explain two main purposes of the criminal justice

The Structure 3 Outline the three levels of law enforcement.

Discretion 5 Explain the difference between the formal and

6 Define ethics, and describe the role that it plays in

Criminal 7 Contrast the crime control and due process models.

under control. In the words of one senior law

1. Would you be in favor of a federal law that allowed

4 Criminal Justice in Action

Determining Criminal Behavior

CHAPTER 1 Criminal Justice Today 5

No Hate Allowed Swedish law protects a citizen’s right to make “hateful”

6 Criminal Justice in Action

1. Punishable under criminal law, as

The Purpose of the

CHAPTER 1 Criminal Justice Today 7

Learning Objective Maintaining Justice

justice The quality of fairness that Protecting Society

punishment for that offense. psychoactive drugs Chemicals

calls to state poison control centers

The Importance of Federalism

10 Criminal Justice in Action

Law Enforcement Judicial and Legal Corrections Total

Federal State Local

Federal Law Enforcement The enactment of new national anti-terrorism, gun,

CHAPTER 1 Criminal Justice Today 11

The majority of those inmates released from