CHAPTER V

THE SCIENTIFIC CRIMINAL

There can be little doubt that the criminal product of the twentieth

century is vastly different in its make up and harder to deal with than

the criminal of any other century of the Christian era. Not perhaps from

the standpoint of moral depravity, for all criminals are depraved,

although some seem to be more so than others. But the criminal of to-day

to be successful in his operations must be daring in his conceptions and

highly scientific in his methods; otherwise he will be unable to cope

with the difficulties in his way.

Criminals as a rule are not indifferent to the feelings of honest men as

to their methods of getting a living. They know full well they do wrong.

Yet if you cross their path while in the act of committing a felony,

they will without the least hesitation take your life, and think nothing

of it. All men who start out on a mission of crime make up their minds

beforehand to take “no chances.” They are strenuously against every one

that opposes them and they know that every honest, law-abiding citizen

is against them.

But the great advance in civilization the past hundred years and the

easy way fortunes seem to be accumulated, has unquestionably invented

new methods of guarding the wealth, but it has also sharpened the

criminal’s wit, making him more practical in his deeds of daring and

ingenious in his plans and operations.

It is a well known fact that criminals of to-day do not carry around

with them long “jimmies,” saws or crowbars such as were used by the old

school crooks.

The twentieth century “outfit” of an experienced criminal seldom weighs

more than sixteen to twenty ounces. The entire “kit” is made of the

finest steel instruments and by these he is able to find his way to

strong boxes, bureau drawers and closets of the best city and country

residences. If he thinks he has to encounter a safe he will carry with

him an electric drill by which he can punch holes in steel plates at

short notice.

With these he has besides a silk rope ladder, which has an attachment

that can take him to the roof of a house or get him to the street from

any part of the building when he desires.

With the outfit just described a Connecticut crook was able to commit

sixty burglaries in less than three months in this city. The typical

twentieth century criminal is therefore a most dangerous character to

deal with, and when in possession of a gun he lets nothing stand in his

way.

Scientific writers on penology of recent times have divided the criminal

into many parts for the purpose of analyzing the natural causes that

have led to his downfall and the treatment best calculated to bring

about his restoration.

One of the grave defects, in the study of criminal law, is that while

the lawyer ransacks the Code in an effort to save or punish the

wrongdoer, the criminal’s moral nature is entirely ignored. This is

certainly not right. We firmly believe that the best possible way of

reaching a correct solution of the mysterious dualism which confronts us

in our study of criminal character, is to find out not only his early

habits, but what he is in his normal and abnormal conditions, and how

his delusions can be removed.

But there are criminals and criminals. Some indeed are born into

criminal lives from infancy, aided by the laws of heredity, while others

become criminals on the impulse of the moment and for months or years,

run a wild career of wrong doing, but afterwards change the course of

their conduct, and become useful members of society. Of course the only

kind of reformation that becomes permanent is the kind that changes the

man inside and out. Others like the twig that is bent, remain crooked

all their lives. Nor does imprisonment improve such people to any great

extent. Harsh treatment may subdue the animal passions but will not

change his higher nature.

We do not believe that God brands any man as the victim of an

unavoidable destiny, nor does He compel him to live a criminal life

against his will. The fact is each law breaker is the victim of his own

depraved will and is what he wants to be.

The twentieth century crook in forgery, burglary, safe cracking and

swindling studies the situation so carefully that in two-thirds of the

cases he is able to “beat” the law. A greenhorn crook is sure to leave

traces behind him but an expert never. The twentieth century crook uses

an automobile and naphtha launch so as to disappear with his “loot” to

parts unknown. When he travels at home or abroad, he patronizes the most

expensive hotels, the dearest express trains, and only the best

accommodations on ocean steamers. Expert crooks as a rule travel in

pairs.

Under the head of Criminal Anthropology we are called upon to study the

criminal’s anatomy, social and moral habits and temperaments. But the

strangest thing about him is that though he may be physically and

mentally normal—just as other men are—he is abnormal morally. We must

always remember, however, that while we consider the criminal

scientifically, his disease is entirely moral. Nor has the average

criminal any peculiarities that are not common to the rank and file of

other men in every walk of life. His head and his heart and his brain

are like those of other men and he shows the marks of human folly just

as men do who never saw the inside of a jail.

As a rule the criminal is largely a creature of circumstances; often too

lazy to work and unwilling to resist the common temptations of life, he

simply drifts. He takes to crime as an easy way of making a living and

often believes that the fates are against him, as an excuse for his

wrong-doing, or perhaps he has a foolish delusion that there is

something heroic in criminality.

Crime is defined as a violation of a human law enacted by the state in

its own defense, and the criminal is the one who wilfully breaks that

law and makes himself amenable to it.

The most noted authority in our day on crime and criminals is Lombroso,

the Italian penologist, who has made a thorough study of the subject. In

describing the criminal we find there is a freshness of detail to

whatever he says, and he writes like one familiar with the subject.

Lombroso rightly contends that criminals must be dealt with, not

according to the way that society views the crime, but according to the

circumstances and conditions that have led to it, and our laws must be

changed to meet the new conditions. “Penal repression,” says Lombroso,

“should be based on social utility scientifically demonstrated; instead

of studying law books, we should study the criminal. It is doubtless

true the criminal, as a rule, has feeble cranial capacity, a heavy

developed jaw, large orbital capacity, projecting superciliary ridges,

an abnormal and symmetrical cranium, a scanty beard or none, or an

abundance of hair, projecting ears and frequently a crooked or flat

nose. Criminals are sometimes subject to Daltonism or left-handedness,

their muscular force is feeble and alcoholic and epileptic degeneration

exists among them to a large extent. Their nerve centres are frequently

pigmented. They blush with difficulty. Their moral degeneracy

corresponds to their physical make up. Their criminal tendencies are

manifested in infancy by onanism, cruelty, inclination to steal,

excessive vanity and impulsive character. The criminal in a large number

of cases is lazy, cowardly, not susceptible to remorse, without

foresight, fond of tattooing. His handwriting is peculiar, his signature

is complicated and adorned with flourishes. His slang is widely

diffused, abbreviated and full of archaisms.”

Before we leave the subject it would be well to say that naturally the

criminal is the product of anomalous conditions of long standing that

have worked themselves into the moral fibre of his being. After many

years the criminal has come to bear the distinguishing peculiarities of

crime which mark him as a man among men. So that to-day with all our

advanced civilization, the criminal stands midway, as Lombroso remarks,

“Between the savage and the lunatic.”

It has therefore become a perplexing question what is to be done with

him, for during the four hundred years of white civilization on the

American Continent his condition remains almost the same.

After many years of failure to improve him, would it not be well to

adjust the penal treatment to his nature as a man and eliminate from his

life the temptations that overcame him? For example, thousands of people

are arrested yearly in New York for drunkenness, a temptation which they

cannot resist. Why not close the saloons and thus take even this one

temptation out of the way of such weaklings? At any rate, if our prison

populations are to be reduced, society must pass a law to prevent crime,

or invent something that shall defeat the conditions that make men

criminals.

At the present time the main object of a criminal court is to find out

if a defendant is guilty or innocent. If guilty, the sentence of the

Court is measured by the character of the crime and not by the

conditions that led to it. Before the wrongdoer can be reformed our

criminal laws must be readjusted to the conditions of the times. Many of

those who come into our courts for sentence, if not hardened criminals

themselves, are the offspring of criminal parents or are mentally

defective, weak-minded or insane, epileptics or otherwise diseased.

Crime gnaws at the life of the nation, destroys its vitality and wastes

its wealth. We can stand changes of government or changes of policy,

hard times, prosperity and adversity, but no nation can long survive the

awful demoralization of crime.

But what an anomalous life the criminal lives! After having many chances

and opportunities placed in his way to live right, he refuses the good

and chooses the evil. He will not reform nor do better. He has become a

misanthrope; he hates himself and everybody else.

The only sure remedy for the present day criminal is the indeterminate

sentence; he should be detained in prison under the most rigorous

discipline, till he is reformed or cured of his insane notions. It is

nothing short of a crime to turn such people loose to scourge society

after a few months or years’ detention in prison.

European criminologists are unanimous in advocating the most restrictive

measures for incorrigibles, such as hard labor, longer imprisonment and

more repressive humiliation, or if necessary, deportation and exile.

Professor Prins of Brussels says, “The solution of the question of the

incorrigible lies in a progressive aggravation of punishment and the

absence of all prison luxury.” After reading a mass of opinions on what

should be done with the criminal incorrigible and how he should be

punished, all of which had not a ray of hope in it for his higher

nature, we thought of the British soldier in India half a century ago,

who was called up for sentence before a court martial; he had suffered

all sorts of imprisonment, corporal punishment and all manner of

deprivation and humiliations, but all to no purpose; the punishments

only hardened him. But now a new commander came on the scene who, after

hearing all that could be said against him, dismissed him with an

admonition, saying that they forgave him, asking him from henceforth to

go and sin no more. The effect of this was that he broke down and wept

like a child. He had steeled his heart to every kind of punishment, but

when they tried kindness it touched him.

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The New York Tombs Inside and Out! Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison. · 第 5 / 38 章