Introduction to criminal justice 16th edition ebook pdf

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ConTEnTS Preface

Key terms 35 critical thinKing QuestiOns nOtes 36

xv

Part One

ChaPter 2 The Nature and Extent of Crime 38

the nature OF Crime, Law, and CriminaL JustiCe 1 ChaPter 1 Crime and Criminal Justice 2 is Crime a recent development?

4

Creating Criminal Justice 5 federal involvement 6 Evidence-Based Justice: A Scientific Evolution

6

9

The formal Criminal Justice Process formal Procedures 12 The Criminal Justice Assembly Line

11

15

The informal Criminal Justice system

17

The Courtroom Work Group 18 The Wedding Cake Model of Justice 18 Perspectives on Justice 20 The Crime Control Perspective 21 The Rehabilitation Perspective 23 The Due Process Perspective 23 The nonintervention Perspective 24 The Equal Justice Perspective 26 The Restorative Justice Perspective 27 Perspectives in Perspective 27

ethics in Criminal Justice Ethics and Law Enforcement Ethics and the Court Process Ethics and Corrections 33

what are the different Categories of Crime?

8

50 The Uniform Crime Reports (UCR) 50 national incident-Based Reporting System (niBRS) national Crime Victimization Survey (nCVS) 54 Self-Report Surveys 56 Evaluating Sources of Crime Data 58

44

54

Crime Trends

61 Trends in Violent Crime and Property Crime Trends in Victimization 61 Trends in Self-Reporting 62

what the future holds

61

64

Crime Patterns 67 The Ecology of Crime 67 Social Class, Socioeconomic Conditions, and Crime 69 Age and Crime 70 Gender and Crime 71 Explaining Gender Differences in the Crime Rate 71 Race and Crime 73 Chronic offending and Crime 74

29 30 32

ethical challenges in criminal Justice summary 34

40

sources of Crime data

The Contemporary Criminal Justice system Scope of the System

how is Crime defined?

Consensus View 42 Conflict View 42 interactionist View 42 Violent Crimes 44 Property Crimes 46 Public order Crimes 47 Economic Crimes 48

4

Crime in the old West Crime in the Cities 5

35

34

ethical challenges in criminal Justice summary 77 Key terms 77 critical thinKing QuestiOns 78 nOtes 78

76

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Contents

ChaPter 3 Understanding Crime and Victimization 82 The Cause of Crime

Constitutional Limits

Choice Theory

84 Rational Crimes 85 Situational Crime Prevention General Deterrence 89 Specific Deterrence 90

Classifying Crimes

136 felonies and Misdemeanors 136 The Legal Definition of a Crime 137

reforming the Criminal Law

87

96

Psychodynamic Theory 96 Cognitive Theory 97 Personality and Crime 98 iQ and Crime 99

The Law of Criminal Procedure

152

Judicial interpretation 153 Due Process of Law 154

99 Social Structure Theory 100 The Disorganized neighborhood Social Process Theories 103

101

Critical Criminology 109 State-organized Crime 109 Support for Critical Theory 110 developmental Theories

Part tWO

111

the POLiCe and Law enFOrCement 159

Criminal Careers 111 Latent Trait Theory 112 Life Course Theory 112 Trajectory Theory 114

Theories of Victimization

116

ChaPter 5 Public Policing and Private Security 160

Victim Precipitation 116 Lifestyle Theory 116 Routine Activities Theory 117 118

ethical challenges in criminal Justice summary 119 Key terms 120 critical thinKing QuestiOns 120 nOtes 120

The history of Police

ChaPter 4 Criminal Law: Substance and Procedure 128 130

The development of Criminal Law 131

155

ethical challenges in criminal Justice summary 156 Key terms 157 critical thinKing QuestiOns 157 nOtes 157

sociological Theories

The history of Criminal Law The Common Law 132

148

Stalking Laws 148 Prohibiting Assisted Suicide 149 Registering Sex offenders 149 Clarifying Rape 149 Controlling Technology 149 Protecting the Environment 150 Legalizing Marijuana 150 Responding to Terrorism 151

Trait Theories 92 Biochemical factors 92 neurological factors 93 Genetic factors 94

foundations

134

135

Criminal defenses 141 Excuse Defenses 141 Justification Defenses 144 Changing Defenses 148

84

Psychological Theories

sources of the Criminal Law

131

162 Private Police and Thief Takers 163 The London Metropolitan Police 164 Law Enforcement in Colonial America 165 Early Police Agencies 165 Twentieth-Century Reform 167 The Emergence of Professionalism 167

Policing from the 1960s to the Present

168

Policing in the 1960s 168 Policing in the 1970s 169 Policing in the 1980s 169 Policing in the 1990s 170 Policing Since 2000 170

The agencies of Law enforcement The U.S. Justice Department

171

171

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Contents The Department of homeland Security (DhS) 175 State Law Enforcement Agencies 177 County Law Enforcement Agencies 179 Metropolitan Law Enforcement Agencies 180

Private Policing 182 Reasons for Private Policing 183 Private and Public Police Compared Types of Private Policing 185 Criticisms of Private Policing 186

summary 234 Key terms 235 critical thinKing QuestiOns nOtes 236

235

ChaPter 7 Issues in Policing 240

183

Technology and Law enforcement

188 identifying Criminals 189 Locating Criminals 189 Crime Scene investigation 189 Crime Mapping 191 Biometrics 193 Automated fingerprint identification Systems DnA Testing 194 Social Media and networking 195 Predictive Analytics 196 ethical challenges in criminal Justice summary 197 Key terms 198 critical thinKing QuestiOns 198 nOtes 199

194

196

who are the Police? 242 Police and Education 242 Minorities in Policing 243 Women in Policing 245 The Police Profession

248

Police Culture 248 Police Personality 249 Police Style 250

Police discretion 252 factors influencing Discretion

252

racial Profiling

256 Skeptical Accounts 257 Can Racial Profiling Be Justified?

ChaPter 6 The Police: Organization, Role, and Function 202

Problems of Policing Job Stress 259 fatigue 262 Violence and Brutality Corruption 265

258

259

263

use of force

The Police organization The Police role

268 Race and force 268 Deadly force 269 nondeadly force 275 Police as Victims 276

204

206

The Patrol function

207

Patrol Activities 208 improving Patrol 208

The investigation function

ethical challenges in criminal Justice summary 280 Key terms 281 critical thinKing QuestiOns 281 nOtes 281

214

how Do Detectives Detect?

215 Sting operations 216 Undercover Work 217 Evaluating investigations 217 improving investigations 217 Using Technology 218

ChaPter 8 Police and the Rule of Law 288

Community Policing

220 implementing Community Policing 220 The Challenges of Community Policing 223 overcoming obstacles 224 Problem-oriented Policing (PoP) 224 Criminal Acts, Criminal Places 225 intelligence-Led Policing (iLP) 226 intelligence and the intelligence Process 227 fusion Centers 228 Police Support functions 229 improving Police Productivity 232 ethical challenges in criminal Justice

234

279

Police and the Courts

290

search and seizure 291 Defining a Search 291 Defining an Arrest 293 Search Warrants and Arrest Warrants warrant requirements 297 Probable Cause 297 neutral and Detached Magistrate Particularity 299

294

299

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ix

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Contents

serving the warrant

301

warrantless searches and arrests

301 Exigent Circumstances 302 field interrogation: Stop and frisk 305 Search incident to a Lawful Arrest 307 Automobile Searches 308 Consent Searches 311 Plain View 313 Crimes Committed in an officer’s Presence 314

electronic surveillance

315 Surveillance Law 316 Technologies for Local Law Enforcement

317

interrogation

317 The Miranda Warning 318 The Miranda Rule Today 318 The impact of Miranda 319

Pretrial identification

The Prosecutor in Society 356 Prosecutorial Discretion 359 overzealous Prosecution 363

The defense attorney 364 The Role of the Criminal Defense Attorney Ethical issues 365 defending the accused 366 Legal Services for the indigent 366 The Private Bar 370 Public versus Private Attorneys 370 Problems of the Criminal Bar 371 ethical challenges in criminal Justice summary 374 Key terms 375 critical thinKing QuestiOns 376 nOtes 376

321

326

Part three COurts and adJudiCatiOn 331 ChaPter 9 Court Structure and Personnel 332

373

ChaPter 10 Pretrial and Trial Procedures 378

The exclusionary rule 322 Current Status of the Exclusionary Rule 323 The future of the Exclusionary Rule 323 ethical challenges in criminal Justice summary 327 Key terms 328 critical thinKing QuestiOns 328 nOtes 328

364

Procedures following arrest Bail 380 The Legal Right to Bail 381 Making Bail 382 Alternative Bail Release Mechanisms Types of Bail 384 Pretrial Detention 384 Bail Reform 386

380

382

Pretrial services 389 Charging the defendant

390 The indictment Process: The Grand Jury 390 The information Process: The Preliminary hearing Arraignment 392 The Plea 392

391

Plea Bargaining state Court systems

334 Courts of Limited Jurisdiction 335 Courts of General Jurisdiction 335 Model State Court Structure 338

federal Courts 338 District Courts 342 federal Appeals Courts The U.S. Supreme Court Court Congestion

343 344

345

The Judiciary 347 other Judicial functions 348 Judicial Qualifications 350 Selecting Judges 350 Judicial Alternatives 351 Judicial Decision Making 353 The Prosecutor Types of Prosecutors

354 356

394 The nature of the Bargain 394 Pros and Cons of Plea Bargaining 397 The Problem of false Confessions 398 Legal issues in Plea Bargaining 398 The Role of the Prosecutor in Plea Bargaining 399 The Role of the Defense Counsel in Plea Bargaining The Role of the Judge in Plea Bargaining 400 The Victim and Plea Bargaining 400 Plea-Bargaining Reform 401

Pretrial diversion The Trial 403

401

Legal Rights During Trial The Trial Process 408

403

ethical challenges in criminal Justice summary 419 Key terms 421 critical thinKing QuestiOns 421 nOtes 421

419

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400

Contents

ChaPter 11 Punishment and Sentencing 424 The history of Punishment

426 from Exile to fines, Torture to forfeiture 426 Public Work and Transportation to the Colonies The Rise of the Prison 428

The goals of Punishment

427

429

General Deterrence 429 incapacitation 430 Specific Deterrence 430 Retribution/Just Desert 431 Rehabilitation 431 Diversion 432 Equity/Restitution 432 Restoration 432

imposing the sentence

433 Concurrent versus Consecutive Sentences The Effect of Good Time 434

434

434 indeterminate Sentences 435 Determinate Sentences 435 Mandatory Sentences 438 Truth in Sentencing 440

how People are sentenced

other alternatives to imprisonment 486 Advantages of intermediate Sanctions 486 fines 487 forfeiture 488 Restitution 489 Shock Probation and Split Sentencing 489 intensive Probation Supervision 490 house Arrest/Electronic Monitoring 491 Residential Community Corrections 492 restorative Justice 494 The Concept of Restoration 494 Restoration Programs 495 Restoration in Practice 495 Court-Based Programs 496

440 442

446 Arguments for the Death Penalty 449 Arguments Against the Death Penalty 451 Legal issues in Capital Punishment 457 460

Part FOur COrreCtiOns 467 ChaPter 12 Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice 468 The Concept of Probation

471 The history of Community Sentencing 472 Contemporary Probation Services 472

497

ChaPter 13 Corrections: History, Institutions, and Populations 502

Capital Punishment

ethical challenges in criminal Justice summary 460 Key terms 462 critical thinKing QuestiOns 462 nOtes 463

483

ethical challenges in criminal Justice summary 497 Key terms 498 critical thinKing QuestiOns 498 nOtes 499

sentencing models

What factors Affect Sentencing?

Conditions of Probation 473 Awarding Probation 473 Administration of Probation Services 475 Duties of Probation officers 475 Legal Rights of Probationers 480 how Successful is Probation?

482 What Causes Probation Success and failure?

The future of Probation 483

The history of Correctional institutions The origin of Corrections in the United States Creating a Correctional System 506 The Pennsylvania System 506 The Auburn System 507 Creating Prison industry 508 Prison Reform Efforts 508 Prisons in the Twentieth Century 509 The Development of Parole 510 Contemporary Correctional institutions 511

Jails 513 Jail Populations and Trends Jail Conditions 513 new-Generation Jails 514

504 505

513

Prisons 515 Maximum-Security Prisons 515 Super-Maximum-Security Prisons Medium-Security Prisons 517 Minimum-Security Prisons 518

517

alternative Correctional institutions Prison farms and Camps 518 Shock incarceration in Boot Camps

519

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518

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Contents

Community Correctional facilities Private Prisons 519

inmate Populations

519

Part Five

520

521

Population Trends

ethical challenges in criminal Justice summary 523 Key terms 524 critical thinKing QuestiOns 524 nOtes 524

523

ChaPter 15 Juvenile Justice 578

ChaPter 14 Prison Life: Living in and Leaving Prison 528 men imprisoned

530 Living in Prison 531 Adjusting to Prison 532 The inmate Social Code 533 The new inmate Culture 534

Police Processing of the Juvenile offender

534 female institutions 535 female inmates 535 Adapting to the female institution

The Juvenile Court Process 593 The intake Process 594 The Detention Process 594 Bail 595 Plea Bargaining 595 Waiver of Jurisdiction 596 Should Youths Be Transferred to Adult Court?

Adjudication 599 Disposition and Treatment 600 Juvenile Sentencing Reform 601

536

Prison Violence 537 individual Violence 537 Collective Violence 538 Sexual Violence 539 Correctional rehabilitation

542 individual and Group Counseling 542 faith-Based Programs 544 Drug Treatment Programs 544 Treating the AiDS-infected inmate 545 Educational and Vocational Programs 545 Can Rehabilitation Work?

548

guarding the institution

The history of Juvenile Justice 580 Care of Children in Early America 581 The Child-Saving Movement 581 The Reform Movement Spreads 582 Establishment of the Juvenile Court 582 Juvenile Justice Today 585 588

helping Juvenile offenders 588 Use of Discretion 589 Legal Rights of Juveniles in Custody 589 Police investigation in the School Setting 592

women imprisoned

female Correctional officers

COntemPOrary ChaLLenges in CriminaL JustiCe 577

The Juvenile Correctional Process

602

Probation 602 intensive Supervision 602 institutionalization 602 Deinstitutionalization 603 Aftercare 603 Preventing Delinquency 604

549 550

Prisoners’ rights 551 Substantive Rights 552 overcrowding 557

The future of Juvenile Justice

606

ethical challenges in criminal Justice summary 610 Key terms 611 critical thinKing QuestiOns 611 nOtes 611

Leaving Prison

558 The Parole Board 559 Parole hearings 559 is There a Legal Right to Parole?

560 The Parolee in the Community 560 The Effectiveness of Parole 561 Why Do People fail on Parole?

562 The Problem of Reentry 562 The Risks of Reentry 566 ethical challenges in criminal Justice summary 571 Key terms 572 critical thinKing QuestiOns 572 nOtes 572

597

609

ChaPter 16 Crime and Justice in the New Millennium 614

570

globalization and Justice Corporate enterprise Crime fraud on Wall Street

616 617

618

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Contents

Terrorism

The Subprime Mortgage Scandal 619 Billion-Dollar Management fraud 622 Strategies to Control Corporate Crime 624 Enforcement of Corporate Crime Laws 624

642 Defining Terrorism 644 Who is the Terrorist? 644 The Contemporary Terrorist 646 Terrorism in the Courts 648

green Crime

625 forms of Green Crime 626 Enforcing Environmental Laws

The future of Criminal Justice

627

Predicting the future

Cybercrime

628 Cybertheft: Cybercrimes for Profit 628 Pornography and Prostitution 631 Cybervandalism: Cybercrime with Malicious intent Cyberbullying 632 Cyberwarfare 633 The Extent and Costs of Cybercrime 634 Controlling Cybercrime 634 Enforcing Laws Against Cybercrime 635

Transnational organized Crime Transnational Crime Groups 637 Controlling Transnational Crime 639

635

xiii

631

651

651

ethical challenges in criminal Justice summary 654 Key terms 656 critical thinKing QuestiOns 656 nOtes 656

654

Appendix: The Constitution of the United States Glossary 670 name index 680 Subject index 696 Case index 712

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660

F e at u r e s criminal justice and technology

the Victim experience Neighborhood Watch 22 Jaycee Lee Dugard 57 From Vigilantism to United Victims 187 Secondary Victimization and Victim Cooperation Input Into the Bail Decision 383 Victim Impact Statements 445 Victim #1 584

219

Is Property Crime Really on the Decline? The Problem of Online Offending 62 Can Brain Scans Predict Criminal Behavior?

95 Automated License Plate Recognition 190 Body Cameras 212 Drones 214 Through-Wall Radar 304 Monitoring Probationers with Technology 477 Increasing Security/Reducing Escapes 516 Monitoring People and Places in Prison 540

eVidence-based justice Does Monitoring Sex Offenders Really Work?

31 Do Police Fudge Crime Statistics?

53 Immigration and Crime 68 CrimeSolutions.gov 88 How Successfully Are Guns Used in Self-Defense?

146 The Police Presence and Deterrence 209 Are Tasers Effective? 278 Which Bail Release Mechanism Is Most Effective?

385 Do Three-Strikes Laws Deter? 439 Treating Probationers with Cognitive Behavioral Therapy 479 Treating Inmates with Cognitive-Behavioral Therapy 543 Who Makes It on the Outside?

564 Is Waiver Effective? 598

careers in criminal justice Police Officer 10 Crime Analyst 41 Criminologist 86 Attorney 133 Loss Prevention Specialist 184 Victim Advocate 231 Intelligence Analyst 253 Postal Inspector 306 Prosecutor 355 Paralegal 414 Forensic Psychologist 446 Probation Officer 481 Corrections Counselor 512 Correctional Officer 550 Social Worker 605 Drug Enforcement Agent 642

analyzing criminal justice issues Explaining Trends in Crime Rates 64 Does the Media Cause Violence? 106 Stand-Your-Ground Laws 145 Was There a Ferguson Effect? 260 Suicide by Cop 273 Police Canine Searches 294 Specialized Courts 336 Defending the Despised 367 Strange Plea Agreements 396 Does Race Matter? 447 Reducing Wrongful Convictions 452 Can Criminals Be Reformed?

474 Elderly Inmates 522 Criminal Records and Reentry Success 569 Minority Overrepresentation in Juvenile Justice Global Trafficking in Persons 636 Who Is a Terrorist?

643

590

reforming criminal justice Reduce the Number of Crimes 25 Changing Mens Rea for Federal Crimes 140 The President’s Task Force on 21st Century Policing 172 Strengthening Community–Law Enforcement Ties 222 Getting at the Dark Figure of Police Shootings 270 Preserving Prosecutorial Discretion: An Immigration Example 361 Reform Mandatory Minimums 441 Abandon Private Probation 485 Reforming Solitary 555 A Developmental Approach to Juvenile Justice Reform 606

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PR E fACE On June 18, 2013, Aaron Hernandez, the star New England Patriot tight end, was charged with the murder of his companion, Odin Lloyd.1 Hours after the arrest, the Patriots—a team that had just given him a $40 million contract— dropped him from its roster. Hernandez was accused of shooting his former friend because Lloyd had witnessed Hernandez’s involvement in a 2012 drive-by shooting in which two men, Daniel Jorge Correia de Abreu and Safiro Teixeira Furtado, were killed. Odin was then murdered by Hernandez to keep him quiet.

The prosecution claimed that Hernandez drove the victim to a remote spot near his home, executed him, took steps to conceal and destroy the evidence, and tried to hush witnesses.2 On May 15, 2014, Hernandez was also indicted on murder charges for the killings of Abreu and Furtado. As if this was not bad enough for Hernandez, on February 27, 2014, he was also sued for $6 million by the victims’ family members who claimed that Hernandez “recklessly” and “maliciously” shot a firearm from his vehicle into a vehicle that carried Abreu and Furtado, resulting in their deaths. Hernandez was tried and convicted of first-degree murder in April 2015, and he was sentenced to life in prison without the possibility of parole.

He remains in prison. He has not been a model inmate, having reportedly been involved in at least three prison fights.3 Such incidents tell the general public that crime occurs everywhere, and can occur among the rich and powerful, not just the poor and downtrodden. Because crime is everywhere and all of us are potential victims, highly publicized incidents remind us why we rely on the criminal justice system. Empowered by case law and legislation, these agencies are designed to protect us from crimes ranging from a furious boyfriend with anger management issues to international drug cartels that use sophisticated technology to launder money in overseas capitals.

The justice system has become an enterprise costing more than $150 billion each year. It employs millions of people in law enforcement, courts, and correctional agencies. Introduction to Criminal Justice was written to help students interested in justice better understand this enormous and complex system and to aid their journey in introductory-level criminal justice courses. The text analyzes and describes the agencies of justice and the variety of procedures they use to apprehend, adjudicate, and treat criminal offenders. It covers what most experts believe are the critical issues in criminal justice and analyzes their impact on the justice system. The primary goals in writing this, the Sixteenth Edition, remain as they have been for previous editions: ● ● ● ●

To provide students with a thorough knowledge of criminal justice agencies To be as thorough and up to date as possible To be objective and unbiased To challenge students to think critically about justice

Every attempt has been made to present the material in an interesting, balanced, and objective manner, making sure that no single political or theoretical position dominates the text. Instead, we present the many diverse views that shape the contemporary criminal justice system and characterize its interdisciplinary

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PrefaCe

nature. Diversity of opinion is what the study of criminal justice is all about and is the central focus of the text. We have tried to provide a text that is scholarly and informative, comprehensive yet interesting, and well organized and objective while at the same time provocative and thought provoking.

ORGANIZATION OF THE TEXT Part One gives the student a basic introduction to crime, law, and justice— from as far back as the American Revolution into the new millennium. The first chapter briefly describes the history of criminal justice, the agencies of justice, and the formal justice process, and it introduces students to the concept of the informal justice system, which involves discretion, deal making, and plea bargains. The chapter also describes the major perspectives on justice.

Chapter 2 addresses such questions as: How is crime measured? Where and when does it occur? Who commits crime? Who are its victims? What social factors influence the crime rate? Chapter 3 covers crime patterns and theories of crime. Chapter 4 provides a discussion of the criminal law and its relationship to criminal justice.

Part Two provides an overview of the law enforcement field. Four chapters cover the history and development of law enforcement, the role, organization, and function of police in modern society, issues in policing, and police and the rule of law.

Part Three is devoted to the adjudication process, from pretrial indictment to the sentencing of criminal offenders. Chapters focus on organization of the court system, an analysis of the prosecution and defense functions, pretrial procedures, and the criminal trial. Topics included range from court structure to the processing of felony cases, indigent defense systems, attorney competence, legal ethics, pretrial services, and bail reform. Part Three wraps up with a chapter on punishment and sentencing.

Part Four focuses on the correctional system, including probation, intermediate, sanctions, and restorative justice. The traditional correctional system of jails, prisons, community-based corrections, and parole are also discussed at length.

Such issues as the problem of prisoner reentry are analyzed.

Part Five covers special topics in criminal justice. The juvenile justice system chapter contains information on preventive detention of youths, waiving youths to the adult court, and recent changes in the death penalty for children. Part Five also includes a chapter on criminal justice in the new millennium. It covers topics such as corporate enterprise crime, cybercrime, transnational organized crime, and terrorism. This final chapter reflects the challenges now facing the justice system in the new millennium.

SPECIAL FEATURES We have created a comprehensive, proven learning system designed to help students get the most out of their first course in criminal justice. We have included a wealth of new photographs to appeal to visual learners and make material more relevant and meaningful. Carefully updated tables and completely redrawn figures highlight key chapter concepts. Marginal definitions of key terms; concise, bulleted end-of-chapter summaries that align with chapter learning objectives; and a comprehensive end-of-book glossary all help students master the material.

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PrefaCe

Web App links appearing in the text’s margins let students explore topics further via the Internet.

Boxed Features We have included a number of thematic boxes to introduce students to some of the field’s most crucial programs, policies, and issues, providing them with an opportunity to analyze the material in greater depth. ●

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Reforming Criminal Justice A new feature for the Sixteenth Edition, Reforming Criminal Justice highlights recent efforts to change America’s criminal justice system. In fairness, reform is nothing new; criminal justice has been in constant flux for as long as it has been around. Lately, however, we are hearing from an ever louder chorus of lawmakers and practitioners who are frustrated with what they believe is a bloated and costly justice system that seems to have little effect on crime. They are calling for massive overhauls in the name of promoting justice and reducing costs for financiallystrapped governments.

Fact Check These marginal boxes compare students’ opinions on controversial criminal justice topics to the public’s opinion. It then compares poll results to the reality surrounding the problem at hand. For example, the box in Chapter 3 explores opinions concerning the best approach to dealing with crime, then compares those results to what we know about effective crime control policy.

Careers in Criminal Justice We have updated this popular addition to the previous edition with the latest career paths in criminal justice. These boxes contain detailed information on salaries, educational requirements, and future prospects.

Criminal Justice and Technology This feature focuses on some of the latest efforts to modernize the system using contemporary technological methods. For example, Chapter 8’s Criminal Justice and Technology box discusses the use of through-wall radar by police departments engaged in search activities.

Analyzing Criminal Justice Issues This feature helps students to learn and think critically about current justice issues and practices. For example, an Analyzing Criminal Justice Issues box in Chapter 11 features efforts to reduce wrongful convictions.

Evidence-Based Justice This feature summarizes the scientific evidence about the effectiveness of various criminal justice strategies and programs.

For example, the Evidence-Based Justice box in Chapter 6 examines the research on the crime prevention effects of police work.

The Evolution of . . . This feature summarizes the evolution of key Supreme Court decisions. For example, Chapter 8 discusses the evolution of Carroll v.

United States, the key vehicle search case, and Miranda v. Arizona, which of course deals with confessions and interrogations. The feature summarizes nearly every subsequent Supreme Court case that builds on, expands, or restricts the original case.

The Victim Experience This feature focuses on victims’ role in the criminal justice system. We have chosen important elements of justice and engaged them through the lens of the victim rather than the criminal or agent of the justice system. The idea is to give students a feel for what it is like to be a crime victim and to promote classroom discussions of victimization. Topics covered include victim advocacy, victim services, and victims’ rights.

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Other Important Chapter Features We have included numerous learning tools in every chapter to aid student mastery of the material. A few of the most valuable study aids we provide are the following. ●

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Ethical Challenges in Criminal Justice: A Writing Assignment Each chapter has a writing assignment that challenges students to solve an ethical dilemma they may someday confront while working within the justice system. The dilemma in Chapter 16 , for example, focuses on whether it is ethical for government officials to engage in certain surveillance activities.

Web Apps These are designed to guide students to websites that provide them with additional information if they want to conduct further research on the topics covered in the text.

Concept Summaries Throughout the chapters, these tables or lists summarize the content of important concepts found in the chapter so students can compare and contrast ideas, views, cases, findings, and so on. For example, in Chapter 3 a Concept Summary reviews concepts and theories of criminology.

Significant Cases Several chapters contain reference to multiple Supreme Court decisions. At the end of each of these chapters is a new Significant Cases in . . . feature. For example, before the chapter summary at the end of Chapter 11 is a table summarizing significant cases in punishment and sentencing. Contents of the table include the name of the case, the year it was decided, the key issue at stake, and the Supreme Court’s decision. While it was impossible to summarize every significant case, we believe readers will enjoy the comprehensiveness of the case selections we have included.

NEW IN THIS EDITION Because the study of criminal justice is a dynamic field of scientific inquiry and the concepts and processes of justice are constantly changing and evolving, the Sixteenth Edition has been thoroughly revised.

Chapter-by-Chapter Changes Chapter 1: A new opening story features America’s heroin scourge. The latest criminal justice system size and cost estimates are included. A new Reforming Criminal Justice box, appearing in the Nonintervention Perspective section, considers whether we should begin to reduce the number of crimes at the federal and local levels. The latest research and statistics are also included.

Chapter 2: The chapter now begins with an overview of online crime statistics for the masses (e.g., crimereports.com), including the strengths and weaknesses of these resources. The very latest official and self-report crime statistics are included. A new Criminal Justice and Technology box discusses the problem of online property crime—and the role it may play relative to the decline in “traditional” property crime.

Chapter 3: A revised chapter opening story features the problem of mass shootings in America, including recent examples from Colorado Springs, Colorado, and Roseburg, Oregon. A new Evidence-Based Justice box features the federal government’s recently launched CrimeSolutions.gov initiative. The research cited in this chapter has also been extensively updated. In addition, two previous social learning theory sections have been reorganized and consolidated into a single section.

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PrefaCe

Chapter 4: A new chapter opening story features the conviction of former Oklahoma City police officer, Daniel Holtzclaw, for various sex-related offenses he committed while he was on duty. A new Reforming Criminal Justice box explores recent federal proposals to create a mens rea requirement for all federal crimes. The latest PATRIOT Act updates are included, as is discussion of the recently enacted USA FREEDOM Act. A new Evidence-Based Justice box explores the efficacy of defensive gun use.

Chapter 5: Chapter 5 now begins with a detailed overview of the Michael Brown incident in Ferguson, Missouri, including recent events such as the consent decree. A new Reforming Criminal Justice box features the activities of the President’s Task Force on 21st Century Policing. A new Criminal Justice and Technology feature discusses the pros and cons of Automated License Plate Recognition (ALPR). The chapter wraps up with a new section on predictive analytics in policing. The latest facts and figures pertaining to America’s law enforcement organizations are also included throughout the chapter.

Chapter 6: This chapter begins with a new story about predictive policing, whether it is possible accurately forecast the “when” and “where” of criminal activity. New boxes in this chapter feature body cameras, police drones, and reform efforts intended to improve police-community relationships. The latest research on police functions is included, as are cutting-edge developments in problem solving, community policing, and intelligence-led policing.

Chapter 7: Chapter 7 opens with a discussion of police hiring standards in light of several states’ decisions to legalize marijuana. Learning objectives and been revised and reorganized. A new section racial profiling is included. This section also addresses, in an Analyzing Criminal Justice Issues box, whether a there is a “Ferguson Effect” in American policing. The use of force coverage now includes a Reforming Criminal Justice box on the issue of whether there is a “dark figure” of police shootings.

Chapter 8: A new chapter opening story features the Supreme Court’s recent decision in Mullenix v. Luna, a case involving an officer who shot and killed a fleeing motorist from a highway overpass. A new Criminal Justice and Technology box features through-wall radar, a new device likely to raise Fourth Amendment questions. The latest Supreme Court decisions from the 2014 and 2015 terms are also included.

Chapter 9: Former Supreme Court Justice Antonin Scalia’s life and legacy are featured in a new chapter opening story. The prosecution section contains a new Reforming Criminal Justice box discussing the importance of preserving prosecutorial discretion. The defense attorney section features a new Analyzing Criminal Justice Issues box on the role of defense attorneys in cases of particularly heinous crimes. Why would a defense attorney choose to represent a notorious offender? The latest court workload statistics are reported throughout, and the most recent research on prosecutors, judges, and defense attorneys is included.

Chapter 10: Chapter 10 begins with a discussion of the conflict between state and federal marijuana laws—and the implications for prosecution. Also included is a new Evidence-Based Justice box on the relative effectiveness of various approaches to pretrial release. The latest research and court cases on pretrial and trial procedures are included.

Chapter 11: The latest in sentencing statistics and cases are included. The capital punishment section has been updated with the latest statistics. A new Reforming Criminal Justice box features the efforts of the group Law Enforcement Leaders in their quest to reform mandatory minimums and reduce unnecessary imprisonment.

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Chapter 12: Chapter 12 begins with a new chapter opening story on mass probation in America. A new Reforming Criminal Justice box also tackles the issue of private probation. Is it better than government-run probation? What could be done to improve private probation? The latest probation/community corrections statistics are included, as is the most recent research on the efficacy of community sentencing approaches.

Chapter 13: This chapter now begins with a vignette on the brutal beating of a prison inmate, George Williams, which resulted in the criminal conviction of three correctional officers. Statistics on jail and prison populations have been revised and updated. The chapter also reviews the recent decline in the prison population after so many years of growth.

Chapter 14: A new chapter opening story features the controversial case of Orville Lee Wollard, who was sentenced to 20 years in prison for firing a warning shot. The section on faith-based treatment has been overhauled, and there is discussion of Corrections Corporation of America’s (CCA) intention to employ chaplains and program facilitators, who offer inmate residents a variety of worship services, faith-based counseling, and religious resources to address practical and spiritual needs. A new Reforming Criminal Justice box discusses proposed changes to solitary confinement.

Chapter 15: Chapter 15 includes a new chapter opener that features the killing of Elizabeth Thomas by Steven Miles, her boyfriend, who tried to emulate the lead character in the Showtime series Dexter. The latest juvenile delinquency data have been included, as have recent Supreme Court cases relevant to juvenile justice. A new Reforming Criminal Justice box examines the relevance of research on adolescent development in juvenile justice reform.

Chapter 16: A new chapter opening story features the San Bernardino terror attacks in December 2015. A new section on green crime has been added.

Learning objectives have been revised and a two new Analyzing Criminal Justice Issues features are included. Once is on global trafficking in persons is also included. The other features the 2016 standoff at the Malheur National Wildlife Refuge in southeastern Oregon.

ANCILLARY MATERIALS MINdtAp® FOR INtROduCtION tO CRIMINAL JuStICE The most applied learning experience available, MindTap is dedicated to preparing students to make the kinds of reasoned decisions they will have to as criminal justice professionals faced with real-world challenges. Available for virtually every Criminal Justice course, MindTap offers customizable content, course analytics, an ereader, and more—all within your current learning management system. With its rich array of assets—video cases, interactive visual summaries, decision-making scenarios, quizzes, and writing skill builders—MindTap is perfectly suited to today’s Criminal Justice students, engaging them, guiding them toward mastery of basic concepts, and advancing their critical thinking abilities.

INStRuCtOR’S RESOuRCE MANuAL WItH LESSON pLANS The manual includes learning objectives, key terms, a detailed chapter outline, a chapter summary, lesson plans, discussion topics, student activities, “What If” scenarios, media tools, and sample syllabi. The learning objectives are correlated with the discussion topics, student activities, and media tools. dOWNLOAdABLE WORd tESt BANk The enhanced test bank includes a variety of questions per chapter—a combination of multiple-choice, true false,

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203

PrefaCe

completion, essay, and critical thinking formats, with a full answer key. The test bank is coded to the learning objectives that appear in the main text, and identifies where in the text (by section) the answer appears. Finally, each question in the test bank has been carefully reviewed by experienced criminal justice instructors for quality, accuracy, and content coverage so instructors can be sure they are working with an assessment and grading resource of the highest caliber.

CENGAGE LEARNING tEStING Powered by Cognero, the accompanying assessment tool is a flexible, online system that allows you to: ● ● ●

●

import, edit, and manipulate test bank content from the text’s test bank or elsewhere, including your own favorite test questions create ideal assessments with your choice of 15 question types (including true/false, multiple choice, opinion/Likert scale, and essay) create multiple test versions in an instant using drop-down menus and familiar, intuitive tools that take you through content creation and management with ease deliver tests from your LMS, your classroom, or wherever you want—plus, import and export content into other systems as needed.

ONLINE pOWERpOINt LECtuRES Helping you make your lectures more engaging while effectively reaching your visually oriented students, these handy Microsoft PowerPoint® slides outline the chapters of the main text in a classroom-ready presentation. The PowerPoint® slides reflect the content and organization of the new edition of the text and feature some additional examples and real world cases for application and discussion.

ACKNOWLEDGMENTS Many people helped make this book possible. Our marvelous product manager, Carolyn Henderson Meier, is always at our side and is an unofficial coauthor. A lot of credit for getting this book out must go to our wonderful, fantastic, patient, competent, and, did we mention, fabulous, content developer, Shelley Murphy.

Special thanks to our incredible content project manager, Christy Frame; fantastic production editor, Jill Traut; copyeditor nonpareil, Debbie Stone; outstanding photo development editor Kim Adams Fox; and our incredible marketing director, Mark Litton; all of whom do great and magnificent jobs.

To the reviewers of this edition as well as those for all previous editions, thank you.

Larry J. Siegel John L. Worrall

NOtES 1. WCVB.com, August 22, 2013, http://www.wcvb.com/news/local/boston-south/aaron-hernandez -indicted-in-death-of-semipro-football-player/21576582 (accessed April 14, 2016).

2. Sasha Goldstein, “Aaron Hernandez Beats Down Fellow Inmate at Bristol County Jail: Report,” February 5, 2014, http://www.nydailynews.com/news/crime/aaron-hernandez-beats-fellow-inmate -bristol-county-jail-report-article-1.1701678 (accessed April 14, 2016).

3. Adam Stites, “Aaron Hernandez Reportedly Involved in His Third Prison Fight,” August 21, 2015, http://www.sbnation.com/nfl/2015/8/21/9187527/aaron-hernandez-prison-fight-patriots-odin-lloyd -murder (accessed April 14, 2016).

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The NaTure of Crime, Law, aNd CrimiNaL JusTiCe

PART ONE Part One Of this text covers the basic issues and concepts of crime, law, and justice. Chapter 1 covers the justice process and the organizations that are entrusted with conducting its operations: the police, courts, and corrections. it provides an overview of the justice system and sets out its most important agencies, processes, and concepts. Chapter 2 looks at the nature and extent of crime, and Chapter 3 tries to answer the question, why do people commit crimes? Chapter 4 covers criminal law, analyzing both its substantive and procedural components.

CHAPTER 1 Crime and Criminal Justice CHAPTER 2 Nature and Extent of Crime CHAPTER 3 Understanding Crime and Victimization CHAPTER 4 Criminal Law

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1

Crime and Criminal Justice LearNiNg oBJeCTiVes LO1

Define the concept of criminal justice.

LO2

Summarize the long history of crime in America.

LO3

Discuss the formation of the criminal justice system.

ChapTer ouTLiNe is Crime a recent development?

Crime in the Old West Crime in the Cities

Creating Criminal Justice Federal Involvement Evidence-Based Justice: A Scientific Evolution

The Contemporary Criminal Justice system

LO4

Name the three basic component agencies of criminal justice.

LO5

Describe the size and scope of the contemporary justice system.

LO6

Describe the formal criminal justice process.

LO7

Articulate what is meant by the term criminal justice assembly line.

LO8

Discuss the wedding cake model of justice.

LO9

Explain the various perspectives on criminal justice.

LO10 Discuss the ethical issues that arise in criminal justice.

Scope of the System Careers in Criminal Justice: Police Officer

The formal Criminal Justice process Formal Procedures The Criminal Justice Assembly Line

The informal Criminal Justice system The Courtroom Work Group The Wedding Cake Model of Justice Perspectives on Justice The Crime Control Perspective The Victim experience: Neighborhood Watch The Rehabilitation Perspective The Due Process Perspective The Nonintervention Perspective reforming Criminal Justice: Reduce the Number of Crimes The Equal Justice Perspective The Restorative Justice Perspective Perspectives in Perspective

ethics in Criminal Justice Ethics and Law Enforcement evidence-Based Justice: Does Monitoring Sex Offenders Really Work?

Ethics and the Court Process Ethics and Corrections

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Joe Amon /G

S

et ty Images

ince 2000, the rate of drug overdoses in America has increased 137 percent. Deaths from opioids (including heroin and pain relievers like hydrocodone) have increased over 200 percent.1 In several states, more people now die each year from opioid overdoses than from liver disease, suicide, or even car accidents.2 Drug overdoses are now the leading cause of injury deaths in the United States.

Much of the trend is being driven by heroin, a highly addictive, illegal drug that, like opium and morphine, is derived from the seed pod of certain poppy plants. Once the go-to drug for seedy inner-city junkies, heroin continues to reach an ever-wider audience. It is more popular among wealthy people and women than it was in the past.

Numerous celebrities, recently Philip Seymour Hoffman, have died with the drug in their systems. Most users today live outside urban centers. 3 They are increasingly young and white. The problem is so widespread that in his State of the Union address President Obama called on Congress to address the heroin scourge.

Why has the heroin problem become so serious? Experts attribute it to the law of unintended consequences. In the 1980s, doctors began to prescribe opioids with wild abandon.

By 2004, a total of 2.4 million people were using prescription painkillers. Law enforcement, policymakers, and even the drug companies began to take note. Purdue Pharma, OxyContin’s manufacturer, reconfigured its drug so it could not be snorted.

Heroin addiction has reached epidemic proportions in the United States.

In 2014, Vicodin and other hydrocodone-based drugs joined the Drug Enforcement Agency (DEA) list of Schedule II drugs, prompting tighter regulations. Drug cartels saw this as an opportunity and starting moving huge volumes of heroin into the United States. Heroin seizures at the Mexican border have increased more than fivefold in recent years.4 Heroin is also exceptionally cheap. Legally purchased opiate pain medications cost on the order of $1 per milligram for the uninsured; one pill costs about $60. By contrast, a single dose of heroin can cost between $5 and $10, less than a pack of cigarettes or a 6-pack of beer. Prices do vary by region, but they remain quite low across the board. The law of supply and demand explains the affordable pricing; the market is awash with cheap heroin from Mexico. And with marijuana decriminalization catching on in the United States, opium poppies are becoming more profitable to grow than cannabis.5 This combined with the price and relative difficulty of securing prescription pills further fuels America’s heroin addiction.

Illegal drug abuse is but one of the many difficult problems our justice system confronts on a daily basis.

Unfortunately, crime in America is a constantly moving

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THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

target, not unlike a game of whack-a-mole. One problem rears its head, is beat down to some extent, then another pops up somewhere else at a later time. First it was cocaine

criminal justice system The system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.

in the 1980s, followed promptly by the crack epidemic, then methamphetamine at the turn of the century. Now it’s heroin. What does the future hold?

This text serves as an introduction to the study of criminal justice. This chapter covers some basic issues and concepts, beginning with a discussion of the concept and study of criminal justice. The major processes of the criminal justice system are then examined to provide an overview of how the system functions. Because no single view exists of the underlying goals that help shape criminal justice, the varying perspectives on what criminal justice really is—or should be—are set out in some detail.

The public relies on the agencies of the criminal justice system for protection from elaborate schemes. This loosely organized collection of agencies is responsible for protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating criminal behavior. The public depends on this vast system, which employs more than 2 million people and costs taxpayers more than $200 billion per year, to protect them from criminals and to bring justice to their lives. The criminal justice system is now taking on new duties, including protecting the country from international and domestic terrorists, transnational organized crime syndicates, and cybercriminals, groups that were almost unknown a decade ago. Member agencies must cooperate to investigate complex criminal conspiracies and meet these new challenges.

IS CrImE A rECENt DEvElopmENt? LO1

Define the concept of criminal justice.

Because of the extensive media coverage of high-profile criminal events, people are routinely heard to say, “Crime is getting worse every day” and “I can remember when it was safe to walk the streets at night,” but their memories may be colored by wishful thinking. Crime and violence have existed in the United States for more than 200 years and the crime rate Your opiNioN: Is there more or less crime in was much higher 100 years ago than it is today. the United States as there was last year?

Crime and violence have been common since the nation was first formed.6 Guerilla activity was frequent before, durpuBLiC opiNioN: ing, and after the Revolutionary War. Bands supporting the MORE: 70% British (Tories) and the American revolutionaries engaged in savage attacks on each other, using hit-and-run tactics, burnLESS: 18% ing, and looting. reaLiTY: Violent and property crime victimizations increased from 2010 to 2012, but, on average, they have declined since. Also, crime remains Crime in the old west significantly lower today relative to 20 years ago.

After the Civil War, many former Union and Confederate solFor example, the violent crime victimization rate diers headed west with the dream of finding gold or starting a exceeded 75 per 1,000 people in 1993; today it is cattle ranch. Some even resorted to murder, theft, and robbery. below 25 per 1,000 people.

The notorious John Wesley Hardin (who is alleged to have disCussioN: What fuels perceptions that crime killed 30 men) studied law in prison and became a practicing is more of a problem than it really is? attorney before his death. Henry McCarty, better known as the Sources: Gallup, http://www.gallup.com/poll/186308/americans infamous “Billy the Kid,” participated in range wars and may -say-crime-rising.aspx (accessed March 24, 2016); J. Truman and have killed more than 20 people before being gunned down in L. Langton, Criminal Victimization, 2014 (Washington, DC: Bureau 1881 by Sheriff Pat Garrett; Billy had just turned 22. Others of Justice Statistics, 2015). formed outlaw bands that terrorized the Western territories.

There is no more storied bad man in the history of America

FACTCheck

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5

than the outlaw Jesse James, who made his living robbing banks and trains. A folk hero, James remained an active outlaw until April 3, 1882, when he was shot in the back by Bob Ford, a fellow gang member, who did the deed in order to claim a $5,000 reward. Folktales aside, James was in fact more of an impulsive killer than a latter-day Robin Hood. In September 1864, during the Civil War, Jesse, riding with the guerilla band led by Bloody Bill Anderson, held up a train in the town of Centralia, Missouri, and helped to kill 22 unarmed Union soldiers on board.7 Facing these outlaws was an equally colorful group of lawmen who developed reputations that have persisted for more than a century. Of these, none is more famous than Wyatt Earp. In 1876, he became chief deputy marshal of Dodge City, Kansas, a lawless frontier town, and he later moved on to Deadwood, in the Dakota Territory. In 1879, Earp and his brothers Morgan and Virgil journeyed to Tombstone, Arizona, where he eventually was appointed acting deputy U.S. marshal for the Arizona Territory. The Earps, along with their gunslinging dentist friend Doc Holliday, participated in the famous O.K. Corral gunfight in 1881, during which they killed several members of a rustler gang known as the Cowboys.

Crime in the Cities The Old West was not the only area where gang activity flourished. In East Coast cities, gangs bearing colorful names such as the Hudson Dusters and the Shirt-tails battled rivals for control of the streets. In New York City, many gangs, including the Plug Uglies, the Swamp Angels, the Daybreak Boys, and the Bowery Boys, competed for dominance in the Five Points section of the lower East Side. Gang battles were extremely brutal, and men were killed with knives, hatchets, cleavers, and anything else that could puncture or slice flesh.

The Civil War also produced widespread business crime. The great robber barons bribed government officials and plotted to corner markets and obtain concessions for railroads, favorable land deals, and mining and mineral rights on government land. The administration of President Ulysses S. Grant was tainted by numerous corruption scandals.

From 1900 to 1935, the nation experienced a sustained increase in criminal activity. This period was dominated by Depression-era outlaws who later became mythic figures. Charles “Pretty Boy” Floyd was a folk hero among the sharecroppers of eastern Oklahoma, and the whole nation eagerly followed the exploits of its premier bank robber, John Dillinger, until he was killed in front of a Chicago movie house. The infamous “Ma” Barker and her sons Lloyd, Herman, Fred, and Arthur are believed responsible for killing more than 10 people, and Bonnie Parker and Clyde Barrow killed more than 13 before they were slain in a shootout with federal agents.

The crime problem, then, is not a recent phenomenon; it has been evolving along with the nation itself. Crime has provided a mechanism for the frustrated to vent their anger, for business leaders to maintain their positions of wealth and power, and for those outside the economic mainstream to take a shortcut to the American dream. To protect itself from this ongoing assault, the public has supported the development of a wide array of government agencies whose stated purpose is to control and prevent crime; to identify, apprehend, and bring to trial those who violate the law; and to devise effective methods of criminal correction.

These agencies make up the criminal justice system.

CrEAtINg CrImINAl JUStICE In 1829, the first police agency, the London Metropolitan Police, was created both to keep the peace and to identify and apprehend criminal suspects. A huge success in England, police agencies began to appear in the United States around

LO2

Summarize the long history of crime in America.

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the mid-nineteenth century. Another nineteenth-century innovation, the penitentiary (or prison) offered an alternative to physical punishments such as whipping, branding, or hanging.

As criminal justice developed over the next century, these fledgling agencies of justice rarely worked together in a systematic fashion. It was not until 1919—when the Chicago Crime Commission, a professional association funded by private contributions, was created—that the work of the criminal justice system began to be recognized.8 The Chicago Crime Commission acted as a citizens advocate group and kept track of the activities of local justice agencies. The commission still carries out its work today and is active in administering anticrime programs.9 In 1931, President Herbert Hoover appointed the National Commission of Law Observance and Enforcement, which is commonly known as the Wickersham Commission. This national study group made a detailed analysis of the U.S. justice system, helped usher in the era of treatment and rehabilitation, and found that the existing system of justice was flawed by too many rules and regulations.10 The modern era of criminal justice can be traced to a series of research projects begun in the 1950s under the sponsorship of the American Bar Foundation (ABF).11 The ABF project discovered that the justice system contained many procedures that had been kept hidden from the public view—investigation, arrest, prosecution, and plea negotiations—and that justice professionals had a great deal of latitude in decision making. For the first time, the term criminal justice system began to be used, reflecting a view that justice agencies could be connected in an intricate, yet often unobserved, network of decision-making processes.

federal involvement LO3

Discuss the formation of the criminal justice system.

Law Enforcement Assistance Administration (LEAA) Federal agency that provided technical assistance and hundreds of millions of dollars in aid to state and local justice agencies between 1969 and 1982.

In 1967, the President’s Commission on Law Enforcement and Administration of Justice (the Crime Commission), which had been created by President Lyndon B. Johnson, published its final report, The Challenge of Crime in a Free Society.12 At about the same time, Congress passed the Safe Streets and Crime Control Act of 1968, providing for the expenditure of federal funds for state and local crime control efforts.13 This act helped launch a massive campaign to restructure the justice system. It funded the National Institute of Law Enforcement and Criminal Justice, which encouraged research and development in criminal justice. Renamed the National Institute of Justice in 1979, it has remained a major source of funding for the implementation and evaluation of innovative experimental and demonstration projects in the criminal justice system.14 The Safe Streets Act provided funding for the Law Enforcement Assistance Administration (LEAA), which, throughout its 14-year history, granted hundreds of millions of dollars in federal aid to local and state justice agencies. On April 15, 1982, the program came to an end when Congress ceased funding it. Although the LEAA attracted its share of criticism, it supported many worthwhile programs, including the development of a vast number of criminal justice departments in colleges and universities and the use of technology in the criminal justice system.

evidence-Based Justice: a scientific evolution With continued funding from federal agencies such as the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Bureau of Justice Statistics—as well as from private foundations such as the Pew and Annie E. Casey foundations—the study of criminal justice has embraced careful research analysis to support public policy initiatives. Whereas programs, policies, and procedures may have been shaped by political goals in the past, a mature justice system now relies more on the scientific collection of data to determine

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whether programs work and what policies should be adopted. According to this “What Works” movement,15 empirical evidence, carefully gathered using scientific methods, must be collected and analyzed in order to determine whether criminal justice programs work and whether they actually reduce crime rates and offender recidivism. Programs must now undergo rigorous review to ensure that they achieve their stated goals and have a real and measurable effect on behavior.

Evidence-based justice efforts have a few unifying principles16: ●

●

●

●

●

Target audience. Programs must be reaching the right audience. A drug treatment program that is used with groups of college students caught smoking pot may look successful, but can it work with hard-core substance abusers? It is important for programs to work with high-risk offenders who have the greatest probability of recidivating. Targeting low-risk offenders may make programs look good, but it really proves little because the client group might not have repeated their criminal offenses even if left untreated.

Randomized experiments. Whenever possible, random experiments are conducted. For example, two groups of drug users are randomly selected, the first group is placed in the special treatment program, and the other is treated in a traditional fashion, such as being put in prison. If the recidivism rates of the experimental group are superior, we have strong evidence that the novel treatment method really works. Although it is sometimes difficult to select subjects randomly, other methods (such as matching subjects on key characteristics such as age, race, gender, and prior record) can be substituted.

Intervening factors. Evidence-based programming must consider intervening factors that enhance or impede program success. A community-based crime prevention program that is used in a high-income neighborhood may be met with general approval and prove effective in reducing local problems, such as kids drinking at night in the local park. But will the program work in a high-crime area where well-armed gangs frighten residents? Conversely, a program that is deemed a failure with a group of at-risk kids living in an inner-city neighborhood may work quite well with at-risk youngsters living in a rural environment.

Measurement of success. Evidence-based programs must develop realistic measures of success. For example, a treatment may seem to work, but careful analysis might reveal that the effect quickly wears off; long-term measures of program effectiveness are needed. Program retention must also be considered. A program for teens may seem to work because those who complete the program are less likely to commit crime in the future. But before success is declared and the program is adopted on a national level, research must closely evaluate such issues as the dropout rate: Are potential failures removed before the program is completed in order to ensure overall success (and continued funding)? And what about selectivity? Is the program open to everyone, including repeat offenders, or is it limited to people who are considered to have the greatest potential for success?

Cost-effectiveness. Programs may work, but the cost may be too high. In an era of tight budgets, program effectiveness must be balanced with cost. It is not enough for a program to be effective; it must also be efficient.

Scientific research is now being used to dispute commonly held beliefs that may be misleading and erroneous. For example, the track record of school-based drug education programs has proven to be spotty at best: the evidence shows that the best intentions do not necessarily result in the best practice.17 Throughout the text, we will highlight programs that have passed careful, evidence-based evaluations and some that have failed to stand up to such scrutiny.

7

evidence-based justice Determining through the use of the scientific method whether criminal justice programs actually reduce crime rates and offender recidivism.

WWW

WEB APP 1.1

Visit http://www.crimesolutions .gov/ for an overview of the federal government’s latest evidencebased justice initiative.

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LO4

Name the three basic component agencies of criminal justice.

THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

tHE CoNtEmporAry CrImINAl JUStICE SyStEm

social control A society’s ability to control individual behavior in order to serve the best interests and welfare of the society as a whole.

The contemporary criminal justice system is society’s instrument of social control. Some behaviors are considered so dangerous that they must be either strictly controlled or outlawed outright; some people are so destructive that they must be monitored or even confined. The agencies of justice seek to prevent or reduce outlawed behavior by apprehending, adjudicating, and sanctioning lawbreakers. Society maintains other forms of informal social control, such as parental and school discipline, but these are designed to deal with moral—not legal—misbehavior. Only the criminal justice system has the power to control crime and punish outlawed behavior through the arm of the criminal law.

The contemporary criminal justice system can be divided into three main components: law enforcement agencies (see the Careers in Criminal Justice feature), which investigate crimes and apprehend suspects; the court system, which charges, indicts, tries, and sentences offenders; and the correctional system, which incapacitates convicted offenders and attempts to aid in their treatment and rehabilitation (see Figure 1.1).

Criminal justice agencies are political entities whose structure and function are lodged within the legislative, judicial, and executive branches of the government: ● Legislative. Under our current justice system, the legislature defines the law by determining what conduct is prohibited and establishes criminal penalties

PO L I CE

PO

Police

LI C E

Police departments are those public agencies created to maintain order, enforce the criminal law, provide emergency services, keep traffic on streets and highways moving freely, and develop a sense of community safety.

Police officers work actively with the community to prevent criminal behavior; they help divert members of special needs populations, such as juveniles, alcoholics, and drug addicts, from the criminal justice system; they participate in specialized units such as a drug prevention task force or antirape unit; they cooperate with public prosecutors to initiate investigations into organized crime and drug trafficking; they resolve neighborhood and family conflicts; and they provide emergency services, such as preserving civil order during strikes and political demonstrations.

FIGURE 1.1

Courts

Corrections

The criminal courthouse is the scene of the trial process. Here the criminal responsibility of defendants accused of violating the law is determined. Ideally, the court is expected to convict and sentence those found guilty of crimes while ensuring that the innocent are freed without any consequence or burden. The court system is formally required to seek the truth, to obtain justice for the individual brought before its tribunals, and to maintain the integrity of the government’s rule of law. The main actors in the court process are the judge, whose responsibilities include overseeing the legality of the trial process, and the prosecutor and the defense attorney, who are the opponents in what is known as the adversary system. These two parties oppose each other in a hotly disputed contest—the criminal trial—in accordance with rules of law and procedure.

In the broadest sense, correctional agencies include community supervision or probation, various types of incarceration (including jails, houses of correction, and state prisons), and parole programs for both juvenile and adult offenders.

These programs range from the lowest security, such as probation in the community with minimum supervision, to the highest security, such as 23-hour lockdown in an ultra-maximum-security prison. Corrections ordinarily represent the postadjudicatory care given to offenders when a sentence is imposed by the court and the offender is placed in the hands of the correctional agency.

Components of the Criminal Justice system

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9

for those who violate the law. The legislative branch of government helps shape WEB APP 1.2 justice policy by creating appropriations for criminal justice agencies and actWWW ing as a forum for the public expression of views on criminal justice issues.

For extensive details on justice Judicial. The judiciary interprets existing laws and determines whether they system expenditures, visit http:// meet constitutional requirements. It also oversees criminal justice practices and www.bjs.gov/index.cfm?ty =pbdetail&iid=5239. has the power to determine whether existing operations fall within the bounds of the state constitution and, ultimately, the U.S. Constitution. The courts have the right to overturn or ban policies that conflict with constitutional rights.

Executive. The executive branch of government is responsible for the dayto-day operation of justice agencies. It does not make or interpret the laws but is trusted with their enforcement. In this capacity, it must create and oversee the agencies of justice, determine their budget, and guide their direction and objectives. Laws cannot Your opiNioN: Are we spending too much, too be enforced unless the executive supplies crime control little, or about the right amount of money on the agencies with sufficient funding to support their efforts. crime problem? puBLiC opiNioN:

FACTCheck

scope of the system

Because of its varied and complex mission, the contemporary criminal justice system in the United States is monumental in size. It now costs federal, state, and local governments more than $260 billion per year for civil and criminal justice (see Table 1.1). One reason why the justice system is so expensive to run is that it employs more than 2 million people in thousands of independent law enforcement, court-related, and correctional agencies. The nation now has almost 18,000 law enforcement agencies, including more than 12,000 local police departments, 3,000 county sheriffs’ offices, and 49 state police departments (every state has one except Hawaii).18 In addition, there are 2,000 other specialized law enforcement agencies ranging from transit police in large cities to county constables.

These police and law enforcement agencies now employ more than a million people; more than 765,000 are sworn personnel with general arrest powers, and the rest are civilian employees. Of these, about 600,000 work in local agencies, 350,000 in county sheriffs’ offices, and 90,000 for state police.19 There are nearly 17,000 courts; more than 8,000 prosecutorial agencies employ around 80,000 people; and about 1,200 correctional institutions (such as jails, prisons, and detention centers) employ around half a million people.

TOO MUCH:

8.4%

TOO LITTLE: ABOUT RIGHT:

61.5% 30.1%

reaLiTY: Whether we should spend more on criminal justice boils down to personal preference.

Criminal justice professionals often complain about shrinking budgets and being forced to do “more with less,” yet there is evidence that our priorities could be out of whack. For example, the vast majority of states spend more per inmate than they do per student. Some states spend five or more times as much on prisoners as they do students! disCussioN: Why do a majority of Americans feel we do not spend enough tackling the crime problem?

Sources: T. W. Smith, Trends in National Spending Priorities, 1973–2014: General Social Survey Trend Report (Chicago: NORC, 2015), http:// www.norc.org/PDFs/GSS%20Reports/GSS_Trends%20in%20 Spending_1973-2014.pdf (accessed March 24, 2016); CNN Money, Education vs. Prison Costs, http://www.money.cnn.com/infographic /economy/education-vs-prison-costs (accessed March 24, 2016).

TAblE 1.1 Justice Expenditure AmOunt (thOusAnds Of dOLLArs) Activity

All governments

Federal government

State governments

Local governments

total justice system

265,160,340

56,267,000

86,266,232

132,500,445

Police protection

126,434,125

31,395,000

14,815,502

84,053,185

Judicial and legal

57,935,169

15,894,000

22,770,081

22,049,483

Corrections

80,791,046

8,978,000

48,680,649

26,397,777

Source: Bureau of Justice Statistics, Justice Expenditure and Employment Extracts (Washington, DC: Bureau of Justice Statistics, February 26, 2015), http://www.bjs.gov /index.cfm?ty=pbdetail&iid=5239 (accessed March 24, 2016).

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10

parT 1

THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Careers in Criminal Justice POLiCe OffiCer

Boston Globe/Getty Images

duties And ChArACteristiCs Of the JOb Police officers are responsible for enforcing the written laws and ordinances of their jurisdiction. Police officers patrol within their jurisdiction and respond to calls wherever police attention is needed. Duties can be routine, such as writing a speeding ticket, or more involved, such as responding to a domestic disturbance or investigating a robbery. Their nonpatrol duties include testifying in court and writing reports of their law enforcement actions. Some officers will choose or be chosen to work in specialized units such as the well-known special weapons and tactics (SWAT) teams or canine (K9) corps.

Police officers patrol jurisdictions of various sizes and have varying duties based on the nature of their jurisdiction. For example, sheriffs and their deputies enforce the laws within a county. State police primarily patrol state highways and respond to calls for backup from police units across their state. Institutions such as colleges and universities often have their own police forces as well, which enforce laws and rules in this specific area.

Police work can be an intense and stressful job; it sometimes entails encounters with hostile and potentially violent people. Police are asked to put their lives on the line to preserve order and safety. Their actions are watched closely and reflect upon their entire department. Because the places that police protect must be watched at all times, police work shifts may fall on weekends and holidays. Quite often it is the younger police officers who take these less desirable shifts.

Additionally, police officers often have to work overtime; 45-hour workweeks are common.

CAmBrIDgE, mA - DECEmBEr 16: A member of the Boston police K-9 unit is seen on Harvard yard near the Science Center during a bomb scare at Harvard University in Cambridge, massachusetts, on December 16, 2013.

JOb OutLOOk Government spending ultimately determines how many officers a department has. Overall opportunities in local police departments will be excellent for individuals who meet the stringent psychological, personal, and physical qualifications. Many openings are created by the need

There are also thousands of community corrections agencies, including more than 3,500 probation and parole departments.

The system is massive because it must process, treat, and care for millions of people. Although the crime rate has declined substantially in the past several years, more than 11 million people are still being arrested each year, including 500,000 for violent crimes and 1,500,000 for property crimes.20 In addition, the juvenile courts handle about 1.5 million juveniles. Today, state and federal courts process, convict, and sentence over 1 million adults each year. 21 It is not surprising, considering these numbers, that today nearly 7 million people are under some form of correctional supervision, including 2.2 million men and women in the nation’s jails and prisons and an additional 4.8 million adult men and women being supervised in the community while on probation or parole.22 How can this trend be explained? The answer is that people are more likely to be convicted than in the past and, if sent to prison or jail, to serve more of their sentence. The cost of corrections is now about $80 billion per year, a cost of about $36,000 per

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ChapTer 1

to replace workers who retire and those who leave local agencies for federal jobs or for employment in private-sector security.

Most police officers are employed at the local level, so this is where a majority of the jobs are found. There are generally more opportunities for employment in larger departments, such as those that serve large urban or suburban areas. Not surprisingly, most opportunities exist in areas with comparatively high crime rates or low salaries.

sALAry The most recent data available indicate that the median salary (half are above, half below) for police and sheriffs’ patrol officers is $58,630. Overtime pay and various incentives, such as a salary bump for college graduates, can quickly increase the base salary, even well about the six-figure mark. However, smaller agencies in rural areas tend to pay considerably less than their urban counterparts.

OPPOrtunities Police work is often appealing to many because of the good benefits and retirement policies. These factors may contribute to the fact that for the better-paying positions, such as state police, there may be more applicants than available positions.

This competition means that those with qualifications such as a college education will have a better chance of being hired.

After several years, those with the proper education who build a reputation for good work can rise in the ranks of their department or be assigned to other desirable positions, such as detective or investigator.

CRIME AND CRIMINAL JUSTICE

11

QuALifiCAtiOns To be a police officer, you must be in good shape mentally and physically, as well as meet certain education requirements and pass written tests. New police officers undergo thorough, rigorous training and testing—normally by spending 12 to 14 weeks at a local police academy— before they go out on the streets. During training, new officers learn diverse skills that will be necessary for their job, such as knowledge of laws and individual rights, selfdefense, and first aid. Applicants can also expect to be asked to pass lie detector and drug tests.

Because of the enormous responsibility associated with being a police officer, certain personal qualities are considered indispensable for future officers. These include responsibility, good communication skills, good judgment, and the ability to make quick decisions.

eduCAtiOn And trAining In most cases, one needs a high school diploma to be a police officer, but more and more jurisdictions are requiring at least some college education. Some college credits may be enough for an applicant to obtain a position on the police force, but more education, generally in the form of a bachelor’s degree in a relevant field (especially criminal justice), is necessary for being promoted and moving up in rank.

Source: “Police and Detectives,” Occupational Outlook Handbook (Bureau of Labor Statistics, U.S. Department of Labor), http://www.bls.gov/ooh/Protective-Service /Police-and-detectives.htm (accessed March 24, 2016).

inmate, reinforcing the old saying that “It costs more to put a person in the state pen than to send a student to Penn State.”

tHE FormAl CrImINAl JUStICE proCESS Another way of understanding criminal justice is to view it as a process that takes an offender through a series of decision points beginning with arrest and concluding with reentry into society. During this process, key decision makers resolve whether to maintain the offender in the system or to discharge the suspect without further action. This decision making is often a matter of individual discretion, based on a variety of factors and perceptions. Legal factors, including the seriousness of the charges, available evidence, and the suspect’s prior record, are usually considered legitimate influences on decision making. The fact that the suspect’s race, gender, class, and age may also influence decision outcomes is troubling.

LO5

WWW

Describe the size and scope of the contemporary justice system.

WEB APP 1.3

For more information about data on the criminal justice system, visit http://www.bjs.gov.

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12

parT 1

THE NATURE OF CRIME, LAW, AND CRIMINAL JUSTICE

Critics believe that such extralegal factors determine the direction a case will take, whereas supporters argue that the system is relatively fair and unbiased.23 In reality, few cases are actually processed through the entire formal justice system. Most are handled informally and with dispatch. The system of justice has been roundly criticized for its “backroom deals” and bargain justice. It is true that most criminal suspects are treated informally, but more important is the fact that every defendant charged with a serious crime is entitled to a full range of legal rights and constitutional protections.

formal procedures The formal criminal process includes a complex series of steps, from initial contact to postrelease. iNiTiaL CoNTaCT In most instances, an offender’s initial contact with the criminal justice system takes place as a result of a police action: ● ● ● ●

● ●

LO6

Describe the formal criminal justice process.

Patrol officers observe a person acting suspiciously, conclude the suspect is under the influence of drugs, and take her into custody.

Police officers are contacted by a victim who reports a robbery; they respond by going to the scene of the crime and apprehending a suspect.

An informer tells police about some ongoing criminal activity in order to receive favorable treatment.

Responding to a request by the mayor or other political figure, the local department may initiate an investigation into an ongoing criminal enterprise such as gambling, prostitution, or drug trafficking.

A person walks into the police station and confesses to committing a crime— for example, he killed his wife after an altercation.

Initial contact can also be initiated by citizens when no crime is involved— for example, when a parent files a petition in juvenile court alleging that his child is out of control and needs to be placed in a state detention facility.

iNVesTigaTioN The purpose of the criminal investigation is to gather enough evidence to identify a suspect and support a legal arrest. An investigation can take just a few minutes, as when a police officer sees a crime in progress and apprehends the suspect quickly. Or it can take many years and involve hundreds of law enforcement agents. Dennis Rader, the notorious BTK (Bind, Torture, Kill) serial killer, began his murderous streak in 1974 and was finally apprehended in 2005 after an investigation that lasted more than 30 years. Gary Ridgway, the Green River killer from Washington State, was apprehended some 20 years after killing his first victim. He was convicted of 48 murders and later confessed to twice that number.

During the investigative stage, police officers gather information in an effort to identify the perpetrator of a crime, understand the perpetrator’s methods and motives, and determine whether the crime was an individual event or one of many similar crimes committed by a single individual. Gathering information means engaging in such activities as interviewing victims and witnesses at the crime scene, canvassing the neighborhood to locate additional witnesses, securing the crime scene, and then conducting a thorough search for physical evidence, such as weapons, fluids, and fingerprints.

Experienced officers recognize that all material gathered during a criminal investigation must be carefully collected, recorded, classified, processed, and stored. Because they may have to testify at trial under strict rules of evidence, they know that even early in the investigatory process, all evidence must be marked for identification and protectively packaged. If the police fail to follow proper procedures, the “chain of evidence” may be broken, tainting the evidence and making it inadmissible in court. Similarly, police must follow proper procedures while

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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 stillborn 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 wateringplace; 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:—