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Essentials of Criminal Law 11th Edition e Book PDF Version Ebook PDF Version
Essentials of Criminal Law 11th Edition e Book PDF Version Ebook PDF Version
Essentials of Criminal Law 11th Edition e Book PDF Version Ebook PDF Version
ELEVENTH EDITION
Neil C. Chamelin
Assistant State Attorney, Second Judicial Circuit, Leon County,
Tallahassee, Florida (Ret.), and Part-time Defense Attorney
Andrew Thomas
Chief Assistant Public Defender, Public Defenders Office,
Second Judicial Circuit Leon County, Tallahassee, Florida
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Chamelin, Neil C.
Essentials of criminal law/Neil C. Chamelin, Andrew Thomas. Eleventh ed.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-0-13-511057-7
ISBN-10: 0-13-511057-2
1. Criminal lawUnited States. 2. PoliceUnited StatesHandbooks, manuals, etc.
I. Thomas, Clinton Andrew, II. Title.
KF9219.85.C475 2012
345.73dc23
2011035392
10 9 8 7 6 5 4 3 2 1
Preface xi
CHAPTER 1 Historical Background of Criminal Law 1
1.0 Introduction 1
1.1 The Nature of Law 1
1.2 Definition of Crime 2
1.3 Early Development of Criminal Law 4
1.4 Legal Systems and the Beginning of Common Law
1.5 Common Law in the United States 5
CHAPTER 3 Jurisdiction 20
3.0 Introduction 20
3.1 Territorial Aspects of Jurisdiction 20
3.2 Jurisdiction over the Person 23
3.3 Jurisdiction over the Subject Matter 23
3.4 Concurrent or Overlapping Jurisdiction 25
3.5 Venue and Its Relation to Jurisdiction 26
3.6 Internet Jurisdiction 26
v
vi Contents
Index 293
PREFACE
This is the eleventh edition of a book formerly titled Criminal Law for Police Officers.
The easy-to-read, well-organized approach of prior editions has been maintained andwe
hopeenhanced through a complete, word-by-word review and revision. We are
extremely pleased with the final product and the way this text reads and flows after many
hours of discussion, revision, and editing.
Weare also excited to add the American Law Institutes Model Penal Code. Where
the MPC has formulated recommended statutes for topics we discuss, these have been
included for the student as a conceptual aid. It is our considered belief that this will
greatly enhance the students learning of the material, and we are grateful to ALI for
granting us reprint permission.
Wecomplete the transformation from an emphasis on a law enforcement orien-tation
to a more general approach without affecting the organization of the book. As
always, there are updates to a significant amount of material because of changes in
statutory and case law, and because we paid close attention to the comments of some
fine people who took the time to provide in-depth reviews, analyses, and recommen-dations
in support of our continuing efforts to make each edition much better than its
predecessor. Special thanks go to the reviewers for this edition: Peyton Paxon, Middlesex
Community College ; Greg Plumb, Park University ; and Richard Stempein, Mohawk
Valley Community College.
It is hard to describe the joy and labor involved in sitting around a dining room table
once a week for months on end to improve your creation. It is not easy to express the
xi
xii Preface
satisfaction of coming to the end of the long nights at the computer, editing, rewriting,
e-mailing one another, and then researching some more. We hope the love and labor we
have devoted to this new edition of Essentials of Criminal Law comes through to student
and teacher alike. Our greatest reward will be having it accepted and utilized across the
country. Thanks for reading and keep sending those comments!
N.C.C.
A.T
CHAPTER
1
Historical Background
of Criminal Law
1.0 INTRODUCTION
The need for law lies in the history of the human race. In early times, when the first
humans appeared on earth, laws were not needed, for conflicts did not arise. But when
people began to live in groups, communities, and societies, laws became necessary.
People are individuals whose desires, needs, and wants differ from those of others. These
differences cause conflict. Law became necessary as a means of social control, either to
alleviate conflicts or to settle them in a manner most advantageous to the group.
As a means of social control, the enforcement oflaw in early rural societies wasusu-ally
handled informally by friends, family, and neighbors who could criticize, correct, and
ostracize those who violated the folkways and mores. In more urban areas, where inter-personal
relationships were not close and where people living next door to each other
were strangers, disputes between people and violations of the rules of society had to be
handled by more formalized law, law enforcement, and courts.
The study of criminal law may be procedural, substantive, or both. The focus of this
book is on substantive law.
1
2 CHAPTER1 Historical Backgroundof Criminal Law
Just as a carpenter uses a hammer and saw, a lawyers tool is the ability to com-municate.
Communication is defined not merely as the conveyance of words but, more
properly, as the conveyance of words with the ability to make oneself understood to the
listener or reader. The more one studies the complexities of the law, the more one real-izes
the truth of the statement that language is the essence of law. The importance of
being able to communicate in terms that mean the same thing to the parties on both
the sending and receiving ends of a communication cannot be overemphasized. What the
law strives for is uniformity of interpretation. The question then arises, why are not the
laws so pointedly written that everyone knows exactly what they mean? This question is
relatively easily answered when the problem is seen from the proper perspective. Laws
must be stable yet flexible enough to be interpreted so that they may be molded to fit
the problems of a complex and changing society. If every law were written to cover only
one specific situation, two major problems would arise. First, the number of laws would
increase at least a hundred times over, each law covering too specific a subject. The
civil law systems in France and Germany are subject to this weakness. Second, many of
these laws would become obsolete so quickly that legislatures would spend most of their
time repealing or amending them. However, when laws can be interpreted flexibly, they
can be read to include new and unexpected situations asthey arise.1
The U.S. Constitution operates on the same principle, and we use that document to
illustrate this point. The framers of the Constitution could not foresee the problems of the
twenty-first century. If the Constitution had been prepared only for the problems of 1789,
it would have collapsed many years ago. It could not function today because the problems
of society in the twenty-first century are not the same as the problems encountered by
those who framed the Constitution in the eighteenth century. Thus the Constitution was
purposely drafted to be stable and yet flexible in the sense that it might be capable of
interpretation in light of contemporary problems.
Any number of contemporary problems could be used to illustrate this point. Let us
consider afew. At one time, the federal governments right to regulate commerce between
the states waslimited to prohibiting the erection of such barriers astariffs. Georgia could
not prevent Florida from shipping chickens to Georgia merely to protect Georgia chicken
farmers. But certain related commerce problems arose. States were unwilling to prevent
certain abuses to members of the labor force. As a result, our federal labor laws came into
being. Congress cited the commerce clause of the Constitution as authority for these acts.2
The U.S. Supreme Court upheld the labor laws so that today wages, working conditions,
and hours are regulated. This problem wasnot foreseen by the framers ofthe Constitution.
Years ago, segregation was said to be supported by the Constitution. However, due
to the changing times and attitudes of the people, in 1954 segregation wassaid to be in
opposition to the Constitution. Finally, the right to counsel, which is found in the Bill
of Rights, was said to apply only to federal courts and federal cases. However, in the
now-famous Gideon case, the right to counsel was said to apply to state courts and state
criminal cases. The same document was used; times had changed. 3
this mean? A crime must be a wrong against the public, not merely a wrong against a
particular individual. There are many laws, in many jurisdictions, governing the rights and
duties of people in their relationships to others. However, only those violations that wrong
the public are considered criminal and make up the body of the substantive criminal law.
The determination asto whether a particular act is criminal or merely civil in nature
is a function of the people. They considered criminal those acts that they felt injured
the welfare of the entire community. Today this function rests with the legislatures of the
states.
Crimes differ from civil wrongs, commonly referred to as torts, and the primary
reason is that the legislature says they differ. In other words, only a fine line distinguishes
crimes from torts, and that line is drawn by the legislature, where and when that body so
desires and within the limits of what the public will tolerate.
Crimes are prosecuted by the state in its own name. Atort action is instituted by the
wronged individual. Persons convicted of crimes are punished by fines, imprisonment, or
death, whereas defendants wholoss tort cases are usually ordered to pay the injured party. A
crime is a public wrong, whereas a tort is private in nature, not involving the state as a party.
Punishment is prescribed and must be prescribed for convictions of criminal acts, but there is
no set amount of damages to which a wronged person is entitled in a civil suit. These are only
a few of the major differences between crimes and torts (see Table 11), differences that
exist solely as a consequence of the legislatures having attached the label crime to one act
and not the other. Thisis not to say that the legislature has an either/or choice. Thelawgivers
may choose to declare a particular act both a crime and a civil wrong, asin the case of assault
and battery. An act of this nature may be both criminally and civilly wrong, in which case
the state may prosecute and the victim may proceed in tort. Both avenues are open, and the
outcome in one does not determine the outcome of the proceedings in the other.
Although this explanation is factually correct, it is somewhat mechanical and sim-plistic.
Many other social and political, as well aslegal, considerations affect legislative
prescriptions of criminal and noncriminal wrongs. For example, a criminal conviction can
be considered by the trier of fact (jury or judge in a nonjury trial) in a civil case against
the same defendant. Onthe other hand, an acquittal in a criminal case may not be used
by the defendant for his or her own benefit in a subsequent civil case. For example, On
October 3, 1995, following a highly publicized and lengthy criminal trial former football
star O J. Simpson was found not guilty of killing his ex-wife Nicole Brown Simpson and
her friend, Ronald Goldman. The jury concluded the State of California had failed to
prove his guilt beyond a reasonable doubt. The verdicts in the criminal case were nei-ther
admissible nor controlling in a subsequent civil trial, where a separate jury found
Simpson liable for the deaths of Brown Simpson and Goldman and awarded damages
of $8.5 million to Goldmans estate. The Brown family did not seek damages.
Prosecuted by the state in its own name Action instituted by the wronged individual
Likewise, if a civil case against a defendant ends before the criminal case begins, the
outcome of the civil case may not be considered in the criminal case regardless of who
won or lost in the civil case.
The common law began as a result of the habits of individuals and the customs of
groups. These habits and customs were so entrenched in society that they became the
acceptable norms of behavior. When courts developed, violations of these customs pro-duced
the cases heard. The courts began recording their decisions, and judges looking for
assistance started following previous court decisions when confronted with new cases. This
procedure is known as stare decisis the following of precedents. Thus the customs of the
common people became the source of the common law, the law of the common people.
The remainder of the world grew under a different system of law, the civil law. We
can trace this system back at least as far as the Roman Empire, where laws were written
and codified by the rulers of the state and imposed on the people. As will be seen, the
law of the United States is a combination of common law and civil law. The two systems of
law began at opposite ends of the legal spectrum. The common law was developed by the
common people and wasimposed on the rulers of the country. The civil law was developed
bythe rulers and imposed on the people. Of course, this is a highly simplified explanation
of the development of the legal systems, but it will serve as a useful frame of reference.
occurrence, these states have the power to look to the common law if an offensive act
occurs that is not covered by statute. If the offense was punishable at common law, then
it is punishable in those states today. An example of this reaching back to the common
law occurred in Pennsylvania when a defendant made numerous obscene telephone calls
to the complainant attempting to lure her into an adulterous relationship while suggesting
obscene sex acts. Apparently Pennsylvania had no statute governing this type of behavior,
so the trial court looked to the common law and found a misdemeanor that in substance
was defined as contriving and intending to debauch and corrupt the morals of the citizens.
The court invoked this offense and convicted the defendant. The conviction wasaffirmed on
appeal.9 This conviction could not have been obtained in a jurisdiction that had abolished
the common law offenses if there were no statute making this type of conduct criminal. 10
The inventive genius of the criminal mind, accompanying the various stages of
historical, industrial, informational, and sociological development, has created new anti-social
conduct against which society needs protection. Legislatures, in response, have
established new offenses by statute many of which will be covered in this book. As an
example, embezzlement, as discussed in Chapter 10, was created by statute and was not a
common law crime.
The federal judiciary has no power to exercise common law jurisdiction. The federal
government has only certain enumerated powers. This meansthat it can exercise only
those powers that have been granted to it by the people and the states. The people have
given Congress the power to enact laws but not to adopt the common law. Therefore, the
federal judiciary can exercise authority only over crimes enacted by Congress. However,
the federal judiciary, like the states, mustlook to the common law for definitions to aid in
interpreting federal laws.
To illustrate, one of the elements of the common law crime of larceny (see
Chapter 10) requires that the thief intend to deprive the rightful owner/possessor of the
property (steal). Congress created a crime of larceny when property was taken from a
federal installation. The statute made no mention of requiring an intent to steal. The
defendant was hunting on a military reserve and came across large brass shell casings that
he thought were abandoned and unwanted by the military. He put them in his truck and
waslater arrested for larceny. He argued that he had no intent to steal because he mistak-enly
believed the casings had already been abandoned and that no one else wanted pos-session.
The U.S. Supreme Court said that when the word larceny is used in the federal
statute and Congress did not specifically and forcefully eliminate a common law element,
the crime must be interpreted to include the common law elements, including the intent
to steal. The defendants conviction wasreversed. 11
DISCUSSIONQUESTIONS
1. John has committed an act that under the of the common law and its effect on the
common law of England would be crimi-nal. law of the United States?
The same act is not madecriminal by 3. What is meant by the statement that the
any statute of any state or by federal stat-ute. Constitution must be stable yet flexible?
Can such an offense be prosecuted
4. Of what significance is the concept of
successfully in the federal courts or in
responsibility with regard to the criminal
your state? Whyor why not?
law today
2. In the study of criminal law, why is it
essential to understand the significance
CHAPTER1 Historical Backgroundof Criminal Law 7
REVIEWQUESTIONS
1. T F The principle difference between a 3. T F The federal judiciary has no power
crime and a tort is that one causes impris-onment to exercise common law jurisdiction.
and the other causes the payment 4. An eyefor an eye describes the theory of:
of money.
a. the Dark Ages
2. The concept of stable yet flexible refers to: b. modern-day punishment
a. a tort c. retributive justice
b. a crime d. the doctrine of responsibilit
c. a constitution
d. the development of the common law
GLOSSARY
civil law One of two major legal systems in the language Basis for the functioning of the law.
world. All laws are codified and originate with law Group of rules governing the interaction or
the government. set of regulations governing the relationships
civil wrong Private suit between individuals, among people and between people and their
usually for money damages. This type of case government.
does not involve the government. responsibility Person held accountable for his
common law system One of two major legal or her acts and the consequences of those acts
systems in the world. It developed out of because of the exercise of free will.
the customs and habits of the people and is retributive justice Philosophy that the punish-ment
the cornerstone of most of the law in the ought to fit the crime; an eye for an eye
United States. philosophy.
communication Essence of the language of the stable yet flexible Phrase used to describe the U.S.
law. It is the ability and skill to ensure that the Constitution, a document stable enough to last
sender and receiver understand the same thing. more than 200 years, serving as the foundation of
Constitution Basic governing document of the our government, yet flexible enough to be inter-preted
United States. It is the foundation for our in light of contemporary social issues.
federal legal system and for the relationship stare decisis Latin term meaning following
between the federal government and the states. precedents of earlier court decisions.
crime Public wrong, act, or omission forbidden by substantive criminal law Branch of the criminal
law for which the state prescribes a punishment law dealing with the definitions and elements
in its own name. of crimes.
Enumerated powers The federal government has tort Another name for some civil wrongs commit-ted
only those powers specifically given to it by the by one individual against another that usually
people and the states. involves the payment of money damages.
ENDNOTES
1. For example, in State v. Dobbins, 167 power To regulate Commerce with foreign
N.E.2d (Ohio 1960), the court noted that an nations, and among the several States, and
enlightened society enacts laws in anticipa-tion with the Indian Tribes[.].
of new social ills and, in that case, found 3. Gideon v. Wainwright, 372 U.S.335 (1963).
an assault statute to apply to consensual but 4. The Case Of Lawrence Edward Hannell,
unacceptable sexual conduct between the 1968, In Melbourne, Australia, (Extra
defendant and a minor child. Chromosome Brings Acquittal On Murder
2. Article I, Sec. 8 of the U.S. Constitution Charge). As Reported In The New York
provides, in part, that Congress shall have the Times, p. 94, October 10, 1968.
8 CHAPTER1 Historical Backgroundof Criminal Law
5. Owen, David R., 1972, The 47,XYY Male: A principle by holding there was no crime in
Review, Psychological Bulletin, 78:209-233. New Jersey that equated with the common
He concludes that those with the gene may law offense of being a common scold.
be somewhat taller, but there is no evidence 8. Georgia Statute O.C.G.A. sec16-5-1(a) (2000).
that XYYs have a propensity for crime. 9. Commonwealth v. Mochan, 110A.2d at 789
6. Modern Criminal Law, Sec. 1, Ch. 2, n. 6, (Pa. 1955).
Wayne R. LaFave (3rd Edition)(2001). 10. Pennsylvania Statutes 18 Pa. C.S.A. sec. 5504
7. In State v. Palendrano, 293 A.2d 747 (Superior (2000).
Ct. of N.J. 1992), the court demonstrated this 11. Morisette v. U.S.,342 U.S.246 (1952)
CHAPTER
2
Fundamentals
of Criminal Law
2.0 INTRODUCTION
It is necessary to learn some basics of a field of study before progressing to more com-plex
concepts and applications. The student should be able to distinguish between moral
issues and legal issues. Understanding the differences and the underlying reasons gets the
reader/student out of a social mind-set and into a legal frame of reference necessary to
appreciate the more complex legal issues presented in this and later chapters.
9
10 CHAPTER2 Fundamentals of Criminal Law
no danger to his own safety. Instead, he remains on shore and takes photographs of
the drowning girl with the thought of having them published in a national magazine.
The girl drowns. Most people would agree that this mans conduct was morally wrong
and that there probably is some clear-cut crime here with which he should be charged.
Although morally this conduct cannot be tolerated, legally no offense has occurred.
Of course, criminal law, like other areas of law, is not completely devoid of moral
considerations. The next section of this chapter is concerned with the classification of
crimes. Historically, offenses have been classified according to their severity and the
threat they pose to the public welfare. It must be recognized that this categorization
was based on the precepts of society at the time of classification. The seriousness of the
offenses is really a moral consideration.
All crimes carrying penalties less than those imposed for the commission of felo-nies
are misdemeanors. Thus, by the process of elimination, it may be determined which
crimes are misdemeanors in any particular jurisdiction.
I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.