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Introduction to Criminal Justice
A Balanced Approach
Second Edition
Brian K. Payne
Old Dominion University
Willard M. Oliver
Sam Houston State University
Nancy E. Marion
University of Akron
8
FOR INFORMATION:
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Printed in Canada
Library of Congress Cataloging-in-Publication Data
Names: Payne, Brian K., author. | Oliver, Willard M., author. | Marion, Nancy E., author.
Title: Introduction to criminal justice : a balanced approach / Brian K. Payne, Old Dominion University, Willard M. Oliver, Sam Houston
State University, Nancy E. Marion, University of Akron.
Description: Second Edition. | Thousand Oaks : SAGE Publications, [2018] | Revised edition of the authors’ Introduction to criminal justice,
2016. | Includes bibliographical references.
Identifiers: LCCN 2017036279 | ISBN 9781506389721 (pbk.: alk. paper)
Subjects: LCSH: Criminal justice, Administration of—United States—Textbooks. | Criminal procedure.
Classification: LCC HV9950 .P39 2018 | DDC 364.973—dc23
9
LC record available at https://lccn.loc.gov/2017036279
This book is printed on acid-free paper.
Acquisitions Editor: Jessica Miller
Editorial Assistant: Rebecca Lee
Content Development Editor: Neda Dallal
Production Editor: Jane Haenel
Copy Editor: Christina West
Typesetter: C&M Digitals (P) Ltd.
Proofreader: Sally Jaskold
Indexer: Maria Sosnowski
Cover and Interior Designer: Gail Buschman
Marketing Manager: Jillian Oelsen
10
Brief Contents
1. Preface
2. Acknowledgments
3. About the Authors
4. Part I Foundations of Criminal Justice
1. Chapter 1: Introduction to Criminal Justice
2. Chapter 2: Perspectives on Crime and Criminal Justice Research
3. Chapter 3: An Introduction to Measuring Crime and Crime Patterns
4. Chapter 4: An Introduction to Crime Typologies
5. Chapter 5: An Introduction to Criminological Theory
5. Part II Policing
1. Chapter 6: An Introduction to Policing: History and Structure
2. Chapter 7: Police Strategies
3. Chapter 8: Issues in Policing
6. Part III The Courts
1. Chapter 9: An Introduction to the Courts: History, Structure, and Actors
2. Chapter 10: The Judicial Process
3. Chapter 11: Issues in the Courts
7. Part IV Corrections
1. Chapter 12: An Introduction to Corrections: History, Structure, and Actors
2. Chapter 13: Punishing Offenders in Prisons, Jails, and the Community
3. Chapter 14: Issues in Corrections
8. Part V Contemporary Challenges
1. Chapter 15: Current and Future Criminal Justice Issues
9. Appendix: Constitution of the United States
10. Admissible or Inadmissible Evidence Answer Key
11. Beyond a Reasonable Doubt Answer Key
12. Glossary
13. Notes
14. Index
11
Detailed Contents
Preface
Acknowledgments
About the Authors
Part I Foundations of Criminal Justice
Chapter 1: Introduction to Criminal Justice
The Criminal Justice System
• The Juvenile Justice System
The Justice Process
Crime Control and Due Process Models
Wedding Cake Model of Justice
The Roles of Criminal Justice
Criminal Justice as an Academic Discipline
Criminal Justice Pioneer: August Vollmer
Criminal Justice as a Social Science
Help Wanted: Student Trainee (Legal/Office Automation)
Criminal Justice as a Political Topic
Politics and Criminal Justice
You Have the Right to . . .
Criminal Justice as a Setting for Controversial Issues
Criminal Justice Versus Criminology
Criminal Justice as a Collection of Individuals
Criminal Justice and College Students
Just the Facts: Chapter Summary
Key Terms
Critical Thinking Questions
Ethical Decision Making
Chapter 2: Perspectives on Crime and Criminal Justice Research
Legal Perspectives of Crime
Crime as an Illegal Act According to the Criminal Law
Legal Elements of Criminality
Crime as an Illegal Act Without Defense
• Crime as Juvenile Delinquency and Juvenile Justice
Social Perspectives of Crime
Help Wanted: Youth Services Behavioral Specialist
Crime as a Violation of Norms
Crime as an Ethical Violation
12
Crime as a Social Construction
Crime as a Social Justice Issue
Behavioral Perspectives of Crime
Crime as Harmful Conduct
Crime as Research Definitions
Research in Criminal Justice
Survey Research and Criminal Justice
Archival Research and Criminal Justice
Criminal Justice and the Media
Experiments and Criminal Justice
Field Research and Criminal Justice
Case Studies and Criminal Justice
Key Terms
Chapter 3: An Introduction to Measuring Crime and Crime Patterns
Measuring the Extent of Crime
Explaining Crime and Demographic Trends
Understanding Cultures and Subcultures
Measuring Quality of Life
Promoting Evidence-Based Crime Prevention Strategies
Developing Evidence-Based Policies
Strategies Used to Measure the Amount of Crime
Uniform Crime Reports
Criminal Justice Pioneer: J. Edgar Hoover
Criticisms of the UCR
National Crime Victimization Survey
National Incident-Based Reporting System
Crime Patterns
Age and Crime
Region and Crime
Race/Ethnicity and Crime
Help Wanted: Research Associate Programmer
Gender and Crime
Communities and Crime
Time and Crime
13
Social Class and Crime
Key Terms
Chapter 4: An Introduction to Crime Typologies
Why Study Criminal Justice and Crime Typologies?
Violent Crime
Homicide
Assault
Violent Sex Crime
Help Wanted: Sexual Assault Response Coordinator
Robbery
Property Crime
Common Property Crime
Burglary
Motor Vehicle Theft
Arson
Public Order Crime
Alcohol-Related Crime
Prostitution
Crime Within Complex Organizations
White-Collar Crime
Corporate Crime
Organized Crime
Juvenile Offending
Key Terms
Chapter 5: An Introduction to Criminological Theory
Why Study the Causes of Crime?
Crime as a Product of Choice
Deterrence Theory and Rational Choice Theory
Routine Activities Theory
14
Help Wanted: Transportation Security Inspector–Explosives Detection Canine Handler
Crime as a Product of Biological Factors
Crime as a Product of Social Factors
Social Disorganization Theory
Subcultural Theory
Conflict Theory
Social Strain Theory
Crime as a Product of Social Psychological Factors
Life Course Theory
General Strain Theory
Social Control Theory
Self-Control Theory
Crime as a Product of Cognitive Processes
Neutralization Theory
Learning Theory
Labeling Theory
Key Terms
Part II Policing
Chapter 6: An Introduction to Policing: History and Structure
Types of Societies and Policing
The English System of Policing
The Sheriff
Bow Street Runners
The London Metropolitan Police
Criminal Justice Pioneer: Sir Robert Peel
The American System of Policing
The Political Era (1830s–1920s)
The Reform Era (1930–1980)
Community Era (1980–2001)
Homeland Security Era (2001–Present)
Policing in America Today
Municipal Police
Sheriff’s Department/Office
State Police
Constable
15
Special Jurisdiction Police
Tribal Police
Federal Law Enforcement
International Policing
The Structure of Modern Police Departments
Help Wanted: Police Officer
Key Terms
Chapter 7: Police Strategies
Police Strategy Studies
The Kansas City Preventive Patrol Experiment
Kansas City Rapid Response Study
RAND Criminal Investigation Study
Police Patrol Deployment
Broken Windows Theory and Policing
Community Policing
Problem-Oriented Policing
Targeted Policing
Four Related Strategies
Crime Prevention Through Environmental Design
Help Wanted: Seasonal Police Officer
Pulling-Levers Policing
Evidence-Based Policing
Predictive Policing
Criminal Justice Pioneer: William Bratton
CompStat
Homeland Security and Policing
Key Terms
Chapter 8: Issues in Policing
16
Help Wanted: Forensic Auditor
External Issues
Political Influences
Economic Influences
Social Influences
Technological Influences
Internal Issues
Police Subculture
Patrol-Related Issues
Police Officer Issues
Police Misconduct and Accountability
Key Terms
Part III The Courts
Chapter 9: An Introduction to the Courts: History, Structure, and Actors
History of the Courts
Types of Courts
Federal Courts
U.S. Supreme Court
Lower Federal Courts
U.S. District Courts
Federal Magistrates
Other Federal Courts
State Courts
State Supreme Courts
Lower State Appellate Courts (Intermediate Appellate Courts)
Trial Courts
Magistrate Courts
Actors: Courtroom Workgroup
Professional Members
Help Wanted: Pretrial Services Officer
Nonprofessional Members
17
• Actors in Juvenile Courts
Technology
Key Terms
Chapter 10: The Judicial Process
Arrest/Booking
The Charging Decision
Pretrial
Initial Appearance
Grand Jury
Preliminary Hearing
Bail
Preventive Detention
Arraignment
Pretrial Motions
Plea Bargaining
Trial
Help Wanted: Victims’ Assistance/Legal Advocate
Jury Selection
Opening Statements
Presentation of Evidence
Closing Arguments
Jury Instructions
Jury Deliberations
Sentencing
Appeals
• Juvenile Court Process
Defendants’ Rights
Criminal Justice Pioneer: Clarence Earl Gideon
Right to Counsel
Right to a Public Trial
Right to a Speedy Trial
Right to a Jury Trial and an Impartial Jury
Right to Confront Witnesses
Double Jeopardy
18
Pleading the Fifth
Key Terms
Chapter 11: Issues in the Courts
Issues Stemming From Overcrowding
Sources of Overcrowding
Solutions to Overcrowding
Issues Related to Court Processes
Plea Bargaining
Sentencing Models
Judicial Election Versus Appointment
Legal Issues Related to the Courts
Court as a Law Maker
Misconduct in the Judicial System
Defending Clients
Issues Related to Innovations in the Courts
• Juvenile Courts
Help Wanted: Guardian Ad Litem
Criminal Justice Pioneer: Gerald Gault
• Teen Courts
Drug Courts
Mental Health Courts
Domestic Violence Courts
Reentry Courts
Key Terms
Part IV Corrections
Chapter 12: An Introduction to Corrections: History, Structure, and Actors
Goals of Punishment
Retribution
Rehabilitation
Reintegration
Incapacitation
19
Deterrence
Restitution
History of Punishment
Punishment Before Prisons
Classical School Era (1790–1879)
Reform Era (1879–1900)
Punishment Era (1900–1939)
Criminal Justice Pioneer: Sanford Bates
Rehabilitation Era (1940–1980)
Just Deserts Era (1980–Present)
Structure of Corrections
Prison Types, by Security Level
Prison Types, by Government Level
Help Wanted: Pelican Bay Counselor Position
• Juvenile Corrections Facilities
Actors Working in Corrections
Wardens
Corrections Officers
Key Terms
Chapter 13: Punishing Offenders in Prisons, Jails, and the Community
The Incarceration Experience
Distinguishing Jail From Prison
The Prison Subculture
The Pains of Imprisonment
Prison and Jail Architecture
Help Wanted: Health Care for Homeless Veterans Clinical Outreach Social Worker
Releasing Inmates Back Into the Community
The Structure of Probation and Parole
Criminal Justice Pioneer: John Augustus
Life as a Probation or Parole Officer
Probation and Parole Caseloads
Daily Challenges Facing Community Corrections Officers
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• Juvenile Probation
Pros and Cons of Probation and Parole
Types of Alternative Sanctions
Home Confinement
House Arrest With Electronic Monitoring
Day Reporting Centers
Boot Camps
Community Service
Work Release
• Juveniles and Alternative Sanctions
Key Terms
Chapter 14: Issues in Corrections
General Issues for Prisoners
Inmates’ Rights
Danger in Prison
Sexual Assaults in Prison
Health Care and Corrections Institutions
General Issues for Corrections Employees
Correctional Misconduct
Stress
Help Wanted: Correctional Officer
Issues Related to Working With Different Types of Offenders
• Juvenile Corrections
Women and Corrections
Sex Offenders and Corrections
Mentally Ill Offenders
Issues Related to Punishment Strategies
Death Penalty
Recidivism
Criminogenic Sanctions
Treating Offenders
Restorative Justice
Learning About Corrections
21
Key Terms
Part V Contemporary Challenges
Chapter 15: Current and Future Criminal Justice Issues
International Issues
Terrorism
Cybercrime
General Types of Computer Offenses
Specific Varieties of Cybercrime
Types of Hackers
Vehicle Hacking
Internet Crimes
Cyberterrorism
Help Wanted: Border Patrol Agent
The Aging of the Criminal Justice System
The Evolution of Criminal Justice Policies
Gun Control Policies
The War on Drugs and Drug Legalization
Criminal Justice and Evidence-Based Policy
Concluding Remarks
Key Terms
Appendix: Constitution of the United States
Admissible or Inadmissible Evidence Answer Key
Beyond a Reasonable Doubt Answer Key
Glossary
Notes
Index
22
23
Preface
The second edition of Introduction to Criminal Justice: A Balanced Approach explores criminal justice from a
student-centered perspective by introducing students in introductory criminal justice courses to the
multifaceted nature of criminal justice. By exploring criminal justice from a broad and balanced perspective,
students will understand how decision making is critical to the criminal justice process. In particular, students
will come to appreciate how their own future careers will be shaped by decisions they make, as well as by the
decisions that others make.
24
A Balanced Approach
In this context, the notion of a “balanced approach” refers to eight characteristics of this book. First, the book
gives balanced attention to the major topics related to criminal justice. Some texts give more attention to one
area of the justice process at the expense of other topics. In this book, the amount of attention given to
criminal justice topics is balanced across law enforcement, the courts, and corrections. Also, it is recognized
that, for students to understand these three areas, they must have a solid foundation in (or a broad
understanding of) general topics related to criminal justice and criminology. As a result, the first section of the
book, which represents about a third of the material in the book, is designed to provide the foundation needed
to deliver a balanced discussion about law enforcement, the courts, and corrections.
Second, the notion of a balanced approach refers to our efforts to address both sides of controversial issues
from an objective standpoint. Crime and criminals are not defined as inherently bad or evil, nor are traditional
responses to crime. Instead, we approach the study of criminal justice with an open mind. This approach
enables students to identify with the complexities that often confront criminal justice professionals. These
complexities represent the ethical issues that criminal justice professionals face, and alternative viewpoints
must be considered in addressing these issues.
Third, we use various strategies to promote critical thinking throughout the text. Our efforts are especially
devoted to encouraging students to place themselves into specific situations to decide how they would respond
to the situation with a balanced (and effective) criminal justice response. Chapters include topics specifically
relevant to college students, and boxes (described below) are used in a way that incorporates the book’s study
site. We see this part of our balanced approach as particularly useful in introducing modern criminal justice
students to the topic. Consider that most criminal justice programs identify critical thinking as a learning
outcome for their introductory criminal justice courses.
Fourth, the balanced perspective also allows us to explore how justice can be achieved. Few symbols better
capture the ideals of justice than the scales of justice. In reality, efforts to control crime sometimes fall short of
achieving or meting out justice. To promote our balanced approach, in addition to discussing obstacles to
achieving justice, we also address strategies to overcome those obstacles as well as activities criminal justice
majors can engage in to promote justice.
Fifth, the balanced approach we take also reflects the multiple dimensions of criminal justice. Attention is
given to the multiple ways that criminal justice is defined. On one level, the phrase criminal justice refers to the
system our society uses to respond to criminal behaviors. On another level, criminal justice refers to practical
actions carried out by those professionals given the duty of protecting us from wrongdoing. On yet another
level, criminal justice refers to the process that offenders and victims go through when their cases are brought
into the justice system. On still another level, criminal justice refers to a scientific discipline that uses research
and evidence-based practices to understand the criminal justice system; the processes used to define crime; the
experiences of victims, offenders, and criminal justice officials; as well as a number of other topics. Our book
conceptualizes criminal justice in a way that balances each of these aspects of the topic.
25
Sixth, based on the multifaceted nature of criminal justice, we balance the practical aspects of criminal justice
with the evidence-based research that has helped to shape current criminal justice practices. Criminal justice
concepts are frequently oversimplified for students on the grounds that they would not understand the
research that guides criminal justice practices. From our perspective, such an assumption is not simply wrong,
it is insulting to criminal justice students. By balancing criminal justice practice with criminal justice research,
we provide students a broad and balanced introduction to criminal justice: the system, the practice, the
process, and the discipline. As Frank Hagan points out in his research methods book, we would be appalled if
medical professionals did not understand how the research that guides their practices was conducted or if they
did not fully understand the potential causes of disease. In a similar way, we should be equally appalled if
criminal justice professionals (and students) do not understand the way that research and theory influence
criminal justice practices. We believe that it is best to create the foundation for this understanding among
criminal justice students as early as possible in their academic lives.
Seventh, we also balance the topics covered in the text in a way that is responsive to the recommendations of
criminal justice scholars. As an illustration, about a decade ago the Academy of Criminal Justice Sciences
(ACJS) developed certification standards for academic criminal justice programs. The standards were the
result of long discussions among criminal justice professors teaching in all types of criminal justice programs—
from two-year programs to doctoral programs. In the end, the standards pointed to specific topics that ACJS
believes should be a part of academic criminal justice programs. One of the certification standards (B-5)
includes the following language: “The broad scope of the field of criminal justice/criminology is reflected in
the undergraduate curriculum and is a balanced presentation of the issues of the field” (emphasis added).
Table P1 shows how these standards guided the development of our book. Although we are illustrating how
our book relates to these standards, it must be stressed that this book is not endorsed or certified by ACJS, as
the association is not in the business of endorsing or certifying books. However, the three authors’ active
affiliation with the academy cannot be separated from our lives as professors and authors. Hence, we used the
academy’s recommendations to guide our thinking. By design, the certification standards promote a balanced
approach to understanding criminal justice. Demonstrating how our book parallels these standards further
shows how this book is grounded in a balanced approach. More information about the ACJS certification
process is available online at www.acjs.org.
Finally, the balanced approach we take also reflects the multiple dimensions of criminal justice. Attention is
given to criminal justice as (a) a system, (b) a process, (c) a career, (d) a major, (e) an institution of social
control, (f) a social science, (g) a center of many controversial issues, and (h) a collection of individuals
charged with formally controlling the behaviors of others through a complex decision-making process while
responding to structural and societal influences and demands. Beyond recognizing that criminal justice is a
“collection of individuals,” we also stress that many criminal justice students will someday become part of the
“collection of individuals” given the responsibility of responding to crime.
Table P1 Parallels Between Introduction to Criminal Justice: A Balanced Approach and ACJS
Certification Standards
Table P1 Parallels Between Introduction to Criminal Justice: A Balanced Approach and ACJS
26
Certification Standards
Chapters
Where the
Content Area Related Topics Include But Are Not Limited to . . .
Topics Are
Covered
Contemporary criminal justice/criminology system
Major systems of social control and their policies and practices

Administration
Victimology Chapters 1–15
of Justice
Juvenile justice
Comparative criminal justice
History, theory, practice, and legal environment
Development of correctional philosophy Chapters

Corrections
12–14
Incarceration, diversions, and community-based corrections
Treatment of offenders
Nature and causes of crime
Criminological Typologies
Chapters 4–5
Theory
Offenders
Victims
Criminal law
Criminal procedures
Law Chapters 2,
Prosecution
Adjudication 9–11
Defense
Court procedures and decision making
Law History, theory, practice, and legal environment

Chapters 6–8
Enforcement
Police organization, discretion, and subculture
27
Research and Quantitative—including statistics—and qualitative methods for
Chapters 2–3
Analytic conducting and analyzing criminal justice/criminology research in a
Methods manner appropriate for undergraduate students
ACJS website
Our diverse research and professional backgrounds allow us to provide both academic and practical insight
into various phases of the justice process. One of us (Oliver) has expertise in policing and, as a former police
officer, is able to describe police issues through this balanced perspective. Another one of us (Marion) has
expertise in studying and writing about the courts from criminal justice and political science perspectives. This
background results in a description of the judicial process that is academically grounded while focused on the
political realities that drive the court system. And yet another one of us (Payne) has focused much of his
research on corrections and various punishment strategies. As a teenager, in a manner of speaking, he even
“served time” in a juvenile facility. Collectively, we have the academic training in areas of criminal justice,
criminology, political science, and sociology. We bring together our experiences and our training in a way that
offers students a practical and empirical basis for understanding criminal justice.
28
An Emphasis on Critical Thinking
As an illustration of the way that criminal justice can be viewed as a collection of individuals charged with
making decisions, consider that the activities of professionals in the criminal justice system are guided by a
series of decisions made by the professionals themselves as well as decisions made by those outside of the
system. On one level, the decisions are influenced by broader structural and political influences. On another
level, the decisions made in specific criminal cases have consequences for those involved in the specific cases.
The following decisions highlight the types of decisions that are relevant to the criminal justice system’s
response to crimes:
An offender decides whether to commit a crime. That decision is influenced by a number of factors and
has consequences for the victim of the crime.
The victim or a witness decides whether or not to report the crime to the police. That decision is
influenced by different factors, and the degree to which the victim or witness participates with the
justice system has consequences for the justice system.
The police officer responding to the reported crime decides whether a crime has been committed,
whether an arrest is warranted, and how to initiate the justice system’s response to the crime.
The police officer’s supervisor and the supervisor’s superiors decide the degree of resources that will be
devoted to investigating a reported crime.
The investigator decides whether enough evidence exists to clear the offense and whether to turn the
case over to the prosecution.
The prosecutor decides whether the offender should be charged and what those charges should be.
A magistrate or judge decides whether bail should be granted to the offender or whether the offender
should be held in jail pending trial.
The prosecutor and defense attorney decide whether a plea bargain is warranted.
The judge decides whether to accept a negotiated plea.
The prosecutor decides whether the case should proceed to trial and what evidence to use in the case.
The prosecutor, defense attorney, and judge decide who will be jurors in cases that go to trial.
The prosecutor and defense attorney decide which witnesses they will ask to testify and what questions
to ask those witnesses.
The judge decides whether to dismiss criminal cases.
The jury decides whether or not the offender is guilty.
The judge decides whether to accept the jury’s decision.
A probation officer decides what information to provide the judge to help the judge decide what
sentence should be given to the offender.
The judge decides how to sentence the offender, typically within guidelines provided by statutes.
Corrections professionals decide where incarcerated offenders will be imprisoned and the degree of
supervision to give offenders sentenced to probation.
Probation and parole officials decide whether offenders are abiding by their conditions of probation or
parole.
29
This brief list highlights some of the common decisions made in the criminal justice system. The list could go
on and on. The point is that the criminal justice system can be viewed as a living system influenced by the
decisions made by individuals inside the system and outside the system. Their decisions will influence how
cases proceed through the justice process. The decisions have extraordinarily significant implications for other
peoples’ lives. Deciding to arrest a suspect will change the course of the suspect’s life, as well as the lives of the
suspect’s loved ones. Decisions made by others in the justice process will have equal, if not greater,
consequences for suspects.
30
Distinctive Chapter Content
This book includes several features that enhance its usefulness for students and professors alike. These features
include the following:
Learning objectives for each chapter are listed at the beginning of the chapter. Instructors can select
from these objectives as they develop syllabi for their introductory criminal justice courses, and the
objectives can be used to assess learning in these courses.
Following the learning objectives, each chapter has a feature called “Admissible or Inadmissible
Evidence.” This feature includes eight statements related to the information provided in the chapter.
Some of the statements are true and some are false. Students are asked to identify the statement as
“Admissible” if it is true or as “Inadmissible” if it is false. Some of these questions could easily be
included on quizzes or exams.
The major sections of each chapter include features called “Beyond a Reasonable Doubt.” These are
multiple-choice questions that assess students’ knowledge about a specific concept in that section. Some
of these questions could also be easily included on quizzes or exams.
Each chapter includes a feature called “Politics and Criminal Justice.” These boxes describe political
issues relevant to the chapter topic and pose questions to students about the issues. Should marijuana be
legal? Should prison sentences be longer?
Each chapter includes “You Have the Right to . . .” boxes, which describe how topics within the chapter
relate (directly or indirectly) to the first 15 amendments to the U.S. Constitution. To encourage
students to be familiar with these amendments, the boxes are discussed sequentially throughout the 15
chapters. For example, Chapter 1 describes the First Amendment (freedom of press) and Chapter 2
includes a discussion of the Second Amendment right to bear arms and its application on college
campuses.
“Help Wanted” boxes are included in each chapter. Each box focuses on a specific job related to the
specific chapter in which the feature is found. The details (which include duties, educational
requirements, and salaries) come from actual job advertisements.
“Criminal Justice and the Media” boxes are included in most chapters. These boxes provide an overview
of the way that various media issues relate to criminal justice topics. The boxes focus on both traditional
media and social media.
The “Just the Facts” feature in each chapter summarizes the highlights of the chapter. Students may find
it useful to read these before reading the chapter to gain an overview of the concepts to be covered.
“Key Terms” lists the terms highlighted in boldface and with margin definitions throughout the text.
Students who are able to grasp these terms will have a full understanding of the chapters.
“Critical Thinking Questions” are included at the end of each chapter. These questions are intended to
promote discussion related to the topics addressed in the chapter.
Each chapter includes “Ethical Decision Making” boxes. These boxes present an ethical scenario that
criminal justice professionals or students might confront. Critical thinking questions are included to
encourage students to think through the potential ramifications of their decisions.
31
The comprehensive glossary at the end of the book provides definitions for all of the key terms
highlighted throughout the text.
32
New to This Edition
The second edition of this book has evolved significantly from the first edition. This evolution includes the
following updates:
Juvenile justice issues have been expanded throughout most of the chapters.
The discussion related to cybercrime has been expanded in Chapter 15.
At the request of reviewers, the focus on research has been shortened and summarized to provide a more
basic foundation for students.
Policy issues have been expanded in the theory chapter to better connect theory and the application of
criminal justice policies.
Fifty new box features have been added. This includes (1) updating several of the “Help Wanted” and
“Ethical Decision Making” boxes, (2) expanding many of the “Criminal Justice and the Media” features
to focus on social media, and (3) developing new student-centered features such as the “Politics and
Criminal Justice” and “You Have the Right to . . .” boxes.
Roughly 220 new studies, articles, and other references have been incorporated throughout the chapters.
Several chapters include new introductions in which recent cases are used to introduce relevant topics.
Updated statistics and data are included when that information is available.
New photographs, figures, and tables have been incorporated throughout the text.
33
Resources for Instructors and Students
Many electronic features are also included with Introduction to Criminal Justice: A Balanced Approach, Second
Edition.
34
SAGE Coursepacks for Instructors
SAGE COURSEPACKS FOR INSTRUCTORS makes it easy to import our quality content into your
school’s LMS. Intuitive and simple to use, it allows you to
Say NO to . . .
required access codes

learning a new system
Say YES to . . .
using only the content you want and need

high-quality assessment and multimedia exercises
For use in: Blackboard, Canvas, Brightspace by Desire2Learn (D2L), and Moodle
Don’t use an LMS platform? No problem, you can still access many of the online resources for your text via
SAGE edge.
SAGE coursepacks and SAGE edge include the following features:
Our content delivered directly into your LMS
Intuitive, simple format that makes it easy to integrate the material into your course with minimal effort
Pedagogically robust assessment tools that foster review, practice, and critical thinking, and offer a more
complete way to measure student engagement, including:
Diagnostic chapter pre-tests and post-tests that identify opportunities for improvement, track student
progress, and ensure mastery of key learning objectives
Test banks built on Bloom’s Taxonomy that provide a diverse range of test items with ExamView test
generation
Instructions on how to use and integrate the comprehensive assessments and resources provided
Comprehensive, downloadable, easy-to-use Media Guide in the Coursepack for every video resource,
listing the chapter to which the video content is tied, matching learning objective(s), a helpful
description of the video content, and assessment questions
Sample course syllabi for semester and quarter courses that suggest models for structuring your courses
Editable, chapter-specific PowerPoint® slides that offer complete flexibility for creating a multimedia
presentation for your course
Access to full-text SAGE journal articles that have been carefully selected to support and expand on the
concepts presented in each chapter
Lecture notes that summarize key concepts by chapter to help you prepare for lectures and class
discussions
35
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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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Introduction to Criminal Justice: A

Balanced Approach 2nd Edition,

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Library of Congress Cataloging-in-Publication Data

Identifiers: LCCN 2017036279 | ISBN 9781506389721 (pbk.: alk. paper)

Subjects: LCSH: Criminal justice, Administration of—United States—Textbooks. | Criminal procedure.

Classification: LCC HV9950 .P39 2018 | DDC 364.973—dc23

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

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

NATIVE PATH THROUGH THE MAKONDE BUSH, NEAR

MAKONDE LOCK AND KEY AT JUMBE CHAURO

MODE OF INSERTING THE KEY

With no small pride first one householder and then a second

Some consolation was afforded me by a brassfounder, whom I

SMOOTHING WITH MAIZE-COB

CUTTING THE EDGE

LAST SMOOTHING BEFORE

FIRING THE BRUSH-PILE

TURNING THE RED-HOT VESSEL

NYASA WOMAN MAKING POTS AT MASASI

DRAWING THE BARK OFF THE LOG

REMOVING THE OUTER BARK

WORKING THE BARK-CLOTH AFTER BEATING, TO MAKE IT

MANUFACTURE OF BARK-CLOTH AT NEWALA

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