CHAPTER VI.

CRIME IN RELATION TO SEX AND AGE.

In the present chapter we shall proceed to discuss the effect exercised

by two characteristics of a distinctly personal nature in the production

of crime, namely, age and sex.

As sex is the most fundamental of all human distinctions we shall

begin by considering the part it plays among criminal phenomena.

According to the judicial statistics of all civilised peoples, women

are less addicted to crime than men, and boys are more addicted to

crime than girls. Among most European peoples between five and six

males are tried for offences against the law to every one female. In

the southern countries of Europe, females form a smaller proportion of

the criminal population than in the northern. This circumstance may be

accounted for in several ways. In the first place, it may be the case

that women in the south of Europe are better morally than in the

north; it may be that the social conditions of their existence shield

them from crime; or it may be that the crimes men are most prone to

commit in the south are of such a nature that women are more or less

incapable of perpetrating them. It is perfectly well known that in the

south of Europe women lead more secluded lives than is the case in the

north; they are much less immersed in the whirl and movement of life;

it is not surprising, therefore, to find that they are less addicted

to crime. Nor is this all. The crimes committed in the South consist

to a large extent of offences against the person; physical weakness in

a multitude of cases prevents women from committing such crimes. In

the North, on the other hand, a large proportion of crimes are in the

nature of thefts and offences against property. Most of these crimes

women can commit with comparative ease; the result is that they form a

larger proportion of the criminal population. Assaults are offences

women are less capable of committing than men; hence, if we find that

the crime of a country consists largely of personal violence, we shall

also find that the percentage of female criminals will be relatively

small. In Italy, where offences against the person are so prevalent,

females only form about nine per cent. of the criminal population; in

England, where personal violence is seldom resorted to, females form

between 17 and 18 per cent. of the persons proceeded against, and

about 15 per cent. of the numbers convicted.

A consideration of these circumstances tends to show that although

southern women commit fewer crimes in proportion to men than northern

women, this fact is partly owing to the character of the crime. But it

is also owing to more secluded habits of life, and to the freedom from

moral contamination of a criminal nature which these habits secure.

Proceeding from quantity to quality we find that although females

commit much fewer crimes in proportion than males, the offences they

do commit are frequently of a more serious nature than the crimes to

which men are addicted. According to the investigations of Guerry and

Quetelet, women in France commit more crimes of infanticide, abortion,

poisoning, and domestic theft than men. They are addicted equally with

men to the perpetration of parricide, and are more frequently

convicted than men for the ill-treatment of children. English criminal

statistics also show that the proportion of women to men rises with

the seriousness of the offence. The proportion of women to men

summarily proceeded against is 17 per cent., the proportion proceeded

against for murder and attempts to murder is as high as 36 per cent.

Women are also more hardened criminals than men. According to the

statistics of English prisons, women who have been once convicted are

much more likely to be reconvicted than men,[26] and the prison

returns of Continental countries tell the same tale.

[26] In 1889-90 the recommitted males were 44.3 per cent. of the

total number of males committed (exclusive of debtors and naval

and military offenders); the recommitted females 65.8 per cent.

of the total number of females committed exclusive of debtors.

The facts relating to female crime having been stated, it will now be

our business to inquire why women, on the whole, commit fewer crimes

than men. The most obvious answer is that they are better morally. The

care and nurture of children has been their lot in life for untold

centuries; the duties of maternity have perpetually kept alive a

certain number of unselfish instincts; those instincts have become

part and parcel of woman's natural inheritance, and, as a result of

possessing them to a larger extent than man, she is less disposed to

crime. It is very probable that there is an element of truth in the

idea that the care of offspring has had a moralising effect upon

women, and that this effect has acquired the power of a hereditary

characteristic; at the same time, it must be remembered that other

causes are also in operation which prevent women figuring as largely

in criminal returns as men.

Among the most prominent of these causes is the want of physical

power. In all crimes requiring a certain amount of brute strength,

such as burglary, robbery with violence, and so on, the proportion of

women to men is small. A woman very rarely possesses the animal force

requisite for the perpetration of crimes accompanied with much

personal violence. But where the element of personal violence does not

come conspicuously to the front the proportion of female criminals to

male immediately rises, and in such crimes as poisoning, child murder,

abortion, domestic theft, women are more criminally disposed than men.

Undoubtedly the lack of power has as much to do with keeping down

female crime as the want of will. This is especially manifest in the

crime of infanticide. For the perpetration of this crime women possess

the power, and the vast number of women convicted of this offence in

proportion to men is ample proof that they often possess the will. Of

course the temptation to women to commit this kind of crime is often

extreme; it is the product, in many instances, of an overwhelming

sense of shame; and the perpetrators of infanticide are often far from

being the most debased of their sex. Still, the prevalence of

infanticide among women is an evidence that, where the temptation is

strong and the power sufficient, women are just as criminally inclined

as men.

It has also to be borne in mind that women are very frequently the

instigators of crime and escape punishment because they are not

actually engaged in its commission. In almost all cases where

robberies are committed by a pack of thieves, a part of the

preparatory arrangements is entrusted to women, and women lend a

helping hand in disposing of the spoil. It is the men, as a rule, who

receive all the punishment, but the guilt of both sexes is very much

the same. In many cases of forgery and fraudulent bankruptcy among the

well-to-do classes, for which men only are punished, the guilt of

women is equally great. Household extravagance, extravagance in dress,

the mad ambition of many English women to live in what they call

"better style" than their neighbours sends not a few men to penal

servitude. The proportion of female crime in a community is also to a

very considerable extent determined by the social condition of women.

In all countries where social habits and customs constrain women to

lead retiring and secluded lives the number of female criminals

descends to a minimum. The small amount of female crime in Greece[27]

is an instance of this law. On the other hand, in all countries where

women are accustomed to share largely the active work of life with

men, female crime has a distinct tendency to reach its maximum. An

instance of this is the high percentage of female crime in Scotland.

According to the Judicial Statistics for the year 1888 no less than 37

per cent. of the cases tried before the Scotch courts consisted of

offences committed by women. It is true only 11 per cent. of these

offences were of a serious nature--the remainder being more or less

trivial, but, even after taking this circumstance into consideration,

the unwelcome fact remains that Scotch women commit a higher

percentage of crimes in proportion to men than the female population

of any other country in Europe. The proportion of English female

offenders to male is not half so high; it was only 17 per cent. in

1888, and is showing a tendency to decrease, being as high as 20 per

cent. for the twenty years ended 1876. The proportion of female

offenders in Scotland to the total criminal population is moving in an

opposite direction. The late Professor Leone Levi, in a paper read

before the Statistical Society in 1880, stated that Scotch women

formed 27 per cent. of the persons tried before the criminal courts;

they now form 37 per cent., a most alarming rate of increase.

[27] According to prison statistics of the Greek Government for

1889, out of a total prison population of 5,023 only 50 were

women. See _Revista de Discipline Carcerarie_, Nov. 30th, 1890,

page 667.

It hardly admits of doubt that the high ratio of female crime in

Scotland is to be attributed to the social status of women. In no

other country of Europe do women perform so much heavy manual work;

working in the fields and factories along with men; depending little

upon men for their subsistence; in all economic matters leading what

is called a more emancipated life than women do elsewhere; in short,

resembling man in their social activities, they also resemble him in

criminal proclivities. Scotch criminal statistics are thus a striking

confirmation of the general law revealed by the study of criminal

statistics as a whole; namely, that the more women are driven to enter

upon the economic struggle for life the more criminal they will

become. This is not a very consoling outlook for the future of

society. It is not consoling, for the simple reason that the whole

drift of opinion at the present time is in the direction of opening

out industrial and public life to women to the utmost extent possible.

In so far as public opinion is favouring the growth of female

political leagues and other female organisations of a distinctly

militant character, it is undoubtedly tending on the whole to lower

the moral nature of women. The combative attitude required to be

maintained by all members of such organisations is injurious to the

higher instincts of women, and in numbers of cases must affect their

moral tone. The amount of mischief done by these public organisations

for purposes of political combat is not confined to women alone. The

overwhelming influence exercised by mothers on the minds of children

is notorious; and that influence is not so likely to be for good where

the mother's mind is contaminated by a knowledge of, and sometimes by

practising, the shady tricks of electioneering.

The present tendency to create a greater number of openings in trade

and industry for women is not to be dismissed as pernicious because of

its evil effect in multiplying female crime. After all, an enlarged

industrial career for women may be the lesser of two evils. According

to the present industrial constitution of society a very large number

of females must earn a living in the sweat of their brow, and until

some higher social development supersedes the existing order of things

it is only right that as wide a career as possible should be opened

out for the activities of women who must work to live. At the same

time it would be an infinitely superior state of things if society did

not require women's work beyond the confines of the home and the

primary school. In these two spheres there is ample occupation of the

very highest character for the energies of women; in them their work

is immeasurably superior to men's; and it is because the work required

in the home and the school is at the present moment so improperly

performed that our existing civilisation is such a hot-bed of physical

degeneracy, pauperism, and crime. One thing at least is certain, that

crime will never permanently decrease till the material conditions of

existence are such that women will not be called upon to fight the

battle of life as men are, but will be able to concentrate their

influence on the nurture and education of the young, after having

themselves been educated mainly with a view to that great end.

European society at the present moment is moving away from this ideal

of woman's functions in the world; she is getting to be regarded in

the light of a mere intellectual or industrial unit; and the flower of

womankind is being more and more drafted into commercial and other

enterprises. Some affect to look upon this condition, of things as

being in the line of progress; it may be, and to all appearance is, in

the line of material necessity, but it is unquestionably opposed to

the moral interests of the community. These interests demand that

women should not be debased, as criminal statistics prove that they

are by active participation in modern industrialism; they demand that

the all-important duties of motherhood should be in the hands of

persons capable of fulfilling them worthily, and not in the hands of

persons whose previous occupations have often rendered them unfit for

being a centre of grace and purity in the home. It cannot be too

emphatically insisted on that the home is the great school for the

formation of character among the young, and it is on character that

conduct depends. In proportion as this school of character is

improved, in the same proportion will crime decrease. But how is it to

be improved when the tendencies of industrialism are to degrade the

women who stand by nature at the head of it? Indifferent mothers

cannot make children good citizens; and the present course of things

industrial is slowly but surely tending to debase the fountain head of

the race. At the International Conference concerning the regulation of

labour held recently at Berlin, M. Jules Simon, at the close of an

excellent speech to the delegates, pointed out the remedy for the

present condition of things. "You will pardon me," he said, "for

concluding my observations with a personal remark, which is perhaps

authorised by a past entirely consecrated to a defence of the cause

which brings us here. The object we are aiming at is moral as well as

material; it is not only in the physical interests of the human race

that we are endeavouring to rescue children, youths, and women from

excessive toil; we are also labouring to restore woman to the home,

the child to its mother, for it is from her only that those lessons of

affection and respect which make the good citizen can be learned. We

wish to call a halt in the path of demoralisation down which the

loosening of the family tie is leading the human mind."

Passing from the question of sex and crime we shall now consider the

proportions which crime bears to age. According to the calculations of

the late Mr. Clay, chaplain of Preston prison, the practice of

dishonesty among persons, who afterwards find their way into prisons,

begins at a very early age. In a communication addressed to Lord

Shaftesbury, in 1853, he said that 58 per cent. of criminals were

dishonest under 15 years of age; 14 per cent. became dishonest between

15 and 16; 8 per cent. became dishonest between 17 and 19; 20 per

cent. became dishonest under 20.

I have little doubt that these proportions are still in the main

correct, and that the criminal instinct begins to show itself at a

very early period in life. In Staffordshire "it is an ascertained

fact, that there is scarcely an habitual criminal in the county who

has not been imprisoned as a child."[28] But it is after the age of

twenty has been reached that the criminality of a people attains its

highest point. A glance at the subjoined table will make this clear:--

Population of England and | Prisoners in Local Gaols

Wales in 1871-- | in 1888--

Under 5 13.52 | Under 12 0.1

5 and under 15 22.58 | 12 and under 16 2.8

15 " 20 9.59 | 16 " 21 16.1

20 " 30 16.66 | 21 " 30 30.2

30 " 40 12.80 | 30 " 40 24.3

40 " 50 10.05 | 40 " 50 14.7

50 " 60 7.32 | 50 " 60 6.4

60 and upwards 7.48 | 60 and upwards 5.4

[28] _Reformatory and Refuge Journal_, July, 1890.

These figures show that in proportion to the population, crime is, as

we should expect, at its lowest level from infancy till the age of

sixteen. From that age it goes on steadily increasing in volume till

it reaches a maximum between thirty and forty. After forty has been

passed the criminal population begins rapidly to descend, but never

touches the same low point in old age as in early youth.

Females do not enter upon a criminal career so early in life as

males;[29] in the year 1888, while 20 per cent. of the _male_

population of our local prisons in England and Wales were under 21,

only 12 per cent. of the _female_ prison population were under that

age. On the other hand, women between 21 and 50, form a larger

proportion of the female prison population, than men between the same

ages do of the male prison population. The criminal age among women is

later in its commencement, and earlier in coming to a close than in

the case of men. It is later in commencing because of the greater care

and watchfulness exercised over girls than boys; but it is more

persistent while it lasts, because a plunge into crime is a more

irreparable thing in a woman than in a man. A woman's past has a far

worse effect on her future than a man's. She incurs a far graver

degree of odium from her own sex; it is much more difficult for her to

get into the way of earning an honest livelihood, and a woman who has

once been shut up within bolts and bars is much more likely to be

irretrievably lost than a man. If it is important to keep men as much

as possible out of prison, it is doubly necessary to keep out women;

but it is, at the same time, a much harder thing to accomplish. This

arises from the fact that the great bulk of female offenders enter the

criminal arena after the age of twenty-one, and can only be dealt with

by a sentence of imprisonment. If females began crime at an earlier

period of life, it would be possible to send them to Reformatories or

Industrial Schools, and a fair hope of ultimately saving them would

still remain; but as this is impossible with grown-up persons, prison

is the only alternative, and it is after imprisonment is over that a

woman begins to recognise the terrible social penalties it has

involved.

[29] Ages and proportion per cent. of males and females committed

in 1889-90.

Ages Males Females

Under 12 years 0.2 0.0

12 years and under 16 3.1 1.1

16 years and under 21 17.5 10.7

21 years and under 30 28.4 31.4

30 years and under 40 23.9 28.6

40 years and under 50 14.2 17.5

50 years and under 60 6.4 6.8

60 years and above 6.2 3.8

Age not ascertained 0.1 0.1

The proportion of offenders under sixteen years of age to the total

local prison population of England and Wales, has decreased in a

remarkable way within the last twenty or thirty years. The proportion

of offenders under sixteen committed to prison between 1857-66,

amounted to six and three-quarters per cent. of the prison population,

and if we go back behind that period it was higher still. In fact,

during the first quarter of the present century, the extent and

ramifications of juvenile crime had almost reduced statesmen to

despair. But the spread of the Reformatory system and the introduction

more recently of Industrial and Truant Schools for children who have

just drifted, or are fast drifting, into criminal courses, has had a

remarkable effect in diminishing the juvenile population of our

prisons. At the present time the proportion of juveniles under sixteen

to the rest of the local prison population is only a little over two

per cent. and it is not likely that it will ever reach a higher

figure. It might easily be reduced almost to zero if children destined

for Reformatories were sent off to these institutions at once, instead

of being detained for a month or so in prison till a suitable school

is found for them. Some persons object to the idea of sending children

to Reformatories at once, on the ground that to abolish the terror of

imprisonment from the youthful mind would embolden the juvenile

inclined to crime and lead him more readily to commit it. Others

object on the ground that it is only right the child should be

punished for his offence. In answer to the last objection, it may

pertinently be said that a sentence of three or four years to a

Reformatory is surely sufficient punishment for offences usually

committed by small boys. With regard to the first objection, our own

experience is that the ordinary juvenile is much more afraid of the

policeman than of the prison, and that the fear of being caught would

operate just as strongly upon him if he were sent straight to the

Reformatory as it does now. The evils connected with the present

system of sending children destined for Reformatories to prison are of

two kinds. At the present time many magistrates will not send children

to Reformatories who sorely need the restraints of such an

institution, because they know it involves a period of preliminary

imprisonment before they can get there. Secondly, it enables a lad to

know what the inside of a prison really is. On these two points let me

quote the words of an experienced magistrate. "I have many times,"

said Mr. Whitwell, at the fourth Reformatory Conference, "when having

to deal with young people, felt it very desirable to send them to a

Reformatory, but have shrunk from it because we are obliged to send

them to prison first. I think it should be left to the discretion of

the magistrates and not made compulsory. I feel very strongly indeed

that it is most desirable to keep the child from knowing what the

inside of a prison is. Let them think it something awful to look

forward to. _When they have been in the prison they are of opinion

that it is not such a very bad place after all, and they are not

afraid of going there again_; but if they are sent to a Reformatory

and told that they will be sent to a prison if they do not reform,

they will think it an awful place." These are wise words. It is

impossible to make imprisonment such a severe discipline for children

as it is for grown-up men and women, and as it is not so severe,

children leave our gaols with a false impression on their minds. The

terror of being imprisoned has, to a large extent, departed; they

think they know the worst and cease to be much afraid of what the law

can do. Hence the fact that society has less chance of reclaiming a

child who has been imprisoned than it has of reclaiming one who has

not undergone that form of punishment although he has committed

precisely the same offence. In England, many authorities on

Reformatory Schools are strongly in favour of retaining preliminary

imprisonment for Reformatory children; in Scotland, experienced

opinion is decisively on the other side. On this point, the Scotch are

undoubtedly in the right. The working of prison systems, whether at

home or abroad, teaches us that any person, be he child or man, who

has once been in prison, is much more likely to come back than a

person who, for a similar offence, has received punishment in a

different form. The application of this principle to the case of

Reformatory children decisively settles the matter in favour of

sending such children to Reformatories at once. If this simple reform

were effected, the child population of our prisons would almost cease

to exist. In the year 1888, this population amounted to 239 for

England and Wales under the age of twelve, and 4,826 under the age of

sixteen, thus making a total of 5,065 or 2.9 per cent. of the whole

local prison population.

In the preceding remarks on juvenile offenders under 16, it has been

pointed out that the great decrease in the numbers of such offenders

among the prison population is mainly owing to the development of

Industrial and Reformatory Schools. In order, therefore, to form an

accurate estimate of juvenile delinquency, we must look not merely at

the number of juveniles in prison; attention must also be directed to

the number of juveniles in Reformatory and Industrial Institutions.

Although these institutions are not places of imprisonment, yet they

are places of compulsory detention, and contain a very considerable

proportion of juvenile delinquents. All juveniles sent to

Reformatories have, indeed, been actually convicted of criminal

offences, and in 1888 the number of young people in the Reformatory

Schools of Great Britain (excluding Ireland) was in round numbers six

thousand (5,984). These must be added to the total juvenile prison

population in order to form a true conception of the extent of

juvenile crime. It is almost certain that if these young people were

not in Reformatories they would be in prisons, for, in almost the same

proportion as the Reformatory and Industrial School inmates have

increased, the juvenile prison population has decreased.

To the population of the Reformatory Schools must also be added a

large percentage of the Industrial School population. Since the year

1864, the number of boys and girls in Industrial and Truant Schools

has gone on steadily increasing. In that year the inmates amounted to

1,608; twenty-four years afterwards, that is to say, in 1888, the

number of children in Great Britain in Industrial and Truant Schools

amounted to 21,426.[30] It is true that a considerable proportion of

these children were not sent to the schools on account of having

committed crime; at the same time it has to be remembered that nearly

all of them were on the way to it, and would in all probability have

become criminals had the State left them alone for a year or two

longer. At the time of their committal the children we are now dealing

with were either children who had been found begging, or who were

wandering about without a settled home, or who were found destitute,

or who had a parent in gaol, or who lived in the company of female

criminals, prostitutes, and thieves. Such children may not actually

have come within the clutches of the criminal law, but it is

sufficient to look for a moment at the surroundings they had lived in

to see that this was only a question of time. We must, therefore, add

those children, along with the Reformatory population, to the number

of juveniles in gaol if we wish to form a proper estimate of the

extent of juvenile delinquency. If this is done we arrive at the

conclusion that the criminal and semi-criminal juvenile population is

at the present time more than 25,000 strong in England and Wales

alone; if Scotland be included it is more than 30,000 strong. These

figures are enough to show that it is only compulsory detention in

State establishments which keeps down the numbers of juvenile

offenders; and there can be little doubt, if the inmates of these

institutions were let loose upon the country, juveniles would very

soon constitute seven, eight, or, perhaps, ten per cent. of the prison

population.

[30] In 1889 there is a slight decrease.

Let us now consider the case of young offenders between the ages of 16

and 21. This is the most momentous for weal or woe of all periods of

life. During this stage, the transition from youth to manhood is

taking place; the habits then formed acquire a more enduring

character, and, in the majority of cases, determine the whole future

of the individual. If youths between the ages just mentioned could by

any possibility be prevented from embarking on a criminal career, the

drop in the criminal population would be far-reaching in its effects.

It is from the ranks of young people just entering early manhood that

a large proportion of the habitual criminal population is recruited;

and if this critical period of life can be tided over without repeated

acts of crime, there is much less likelihood of a young man

degenerating afterwards into a criminal of the professional class. It

is most important that the professional criminal class should be

diminished at a quicker rate than is the case at present; and, in

spite of police statistics to the contrary, it is a class which has

not become perceptibly smaller within the last twenty or five and

twenty years. A proof of this statement is to be seen in the fact that

offences against property with violence display a tendency to

increase, and it is offences of this nature which are pre-eminently

the work of the habitual criminal. It is a comparatively rare thing to

find a habitual criminal stop mid-way in his sinister career; the

accumulated impressions resulting from a life of crime have too

effectively succeeded in shaping his character and conduct, and he

persists, as a rule, in leading an anti-social life so long as he has

physical strength to do it.

The only hope, therefore, of diminishing the habitual criminal

population, is to lessen the number of recruits; and as most of these

recruits are to be found among lads of between sixteen and twenty-one,

it is to these lads that serious attention must be directed. Every year

a certain proportion of youths ranging between these two ages shows a

pronounced disposition to enter permanently upon a criminal life by

repeatedly returning to prison. The deterrent effect of short sentences

has ceased to operate upon them, and all the symptoms are present that

a downright career of crime has begun. In such circumstances what is to

be done? A plan has been proposed by Mr. Lloyd Baker for dealing with

refractory and unmanageable Reformatory children, the substance of

which is to send them to another institution of a stricter character

than the ordinary Reformatory School, and which for want of a better

name he calls a Penal Reformatory. It is very probable that something

in the nature of a Penal Reformatory is just what is wanted to prevent

a youth on the downward road from finally swelling the proportions of

the professional criminal population. If Great Britain ever established

such institutions, she would then possess a graded set of organisations

for dealing with the young, which would cover the whole period of

youthful life. The Truant School would catch the child on the first

symptoms of waywardness, the Industrial School would arrest him

standing on the verge of crime, the Reformatory School would dual with

actual offenders against the law, and the Penal Reformatory would

grapple with habitual offenders under the age of manhood.[31]

[31] Ages at which 507 offenders first began to commit crime--

Under 10 1.5 41 to 45 2.1

11 to 15 17.0 46 to 50 2.3

16 to 20 36.1 51 to 55 2.1

21 to 25 20.1 56 to 60 .8

26 to 30 7.1 61 to 65 .8

31 to 35 5.1 66 to 70 .2

36 to 40 3.6

Marro. _I Caratteri dei delinquente. Studio antropologico-sociologico_,

p. 356.

After the age of manhood has been reached, and the main lines of

character are formed, punitive methods of dealing with criminal

offenders must assume a more prominent position, and the prison should

then take the place of the Reformatory. In youth the deterrent effects

of punishment are small, and the beneficial effects of reformative

measures are at their maximum. In manhood, on the other hand, this

condition of things is reversed, and the deterrent effects of

punishment exceed the beneficial effects of reformative influences. An

interesting example of the value of punishment for adults, as compared

with other methods, is given by Sir John Strachey in his account of

infanticide in certain parts of India. "For many years past," he says,

"measures have been taken in the North-West Provinces for the

prevention of this crime. For a long time, when our civilisation was

less belligerent than it has since become, it was thought that the best

hope of success lay in the removal of the causes which appeared to lead

to its commission, and especially in the prevention of extravagant

expenditure on marriages; but although these benevolent efforts were

undoubtedly useful, their practical results were not great, and it

gradually became clear that it was only by a stringent and organised

system of coercion that these practices would ever be eradicated. In

1870 an act of the legislature was passed which enabled the Government

to deal with the subject. A system of registration of births and deaths

among the suspected classes was established, with constant inspection

and enumeration of children; special police-officers were entertained

at the cost of the guilty communities, and no efforts were spared to

convince them that the Government had firmly resolved that it would put

down these practices, and would treat the people who followed them as

murderers. Although the time is, I fear, distant when preventive

measures will cease to be necessary, much progress has been made, and

there are now thousands of girls where formerly there were none. In the

Mainpuri district, where, as I have said, there was not many years ago

hardly a single Chauhán girl, nearly half of the Chauhán children at

the present time are girls; and it is hoped that three-fourths of the

villages have abandoned the practice."[32]

[32] _India_ by Sir John Strachey, pp. 292-3.

These facts speak for themselves and afford an incontestable proof of

the value of punishment as a remedial measure when other remedies have

failed.[33] In the re-action which is now in full force, and rightly

so, against the excessive punishments of past times, there is a marked

tendency among some minds to go to the opposite extreme, and an

attempt is being made to show that imprisonment has hardly any

curative effect at all. Its evils, and from the very nature of things

they are not a few, are almost exclusively elaborated and dwelt upon,

little attention being paid to the vast amount of good which

imprisonment alone is able to effect. It is possible that imprisonment

sends a few to utter perdition at a quicker pace than they would have

gone of their own accord, but on the other hand, it rescues many a man

before he has irrevocably committed himself to a life of crime. If it

fails the first time, it very often succeeds after the second or the

third, and no one is justified in saying imprisonment is worthless as

a reformative agency till it has failed at least three times. According

to the judicial statistics for England and Wales, imprisonment is

successful after the third time in about 80 per cent. of the cases

annually submitted to the criminal courts, and although it is a pity

that the percentage is not higher, yet it cannot fairly be said that

such results are an evidence of failure. The prison is unquestionably

a much less effective weapon for dealing with crime among Continental

peoples, and in the United States, than it has shown itself to be in

Great Britain; but this failure arises in the main from the laxity and

indulgence with which criminals are treated in foreign prisons. A

prison to possess any reformative value must always be made an

uncomfortable place to live in; Continental peoples and the people of

America have to a large extent lost sight of this fact; hence the

failure of their penal systems to stop the growth of the delinquent

population. If, however, imprisonment is not allowed to degenerate

into mere detention, it is bound to act as a powerful deterrent upon

grown-up offenders, and it is the only menace which will effectually

keep many of them within the law. The hope of reward and the fear of

punishment, or, in other words, love of pleasure, and dread of pain,

are the two most deeply seated instincts in the human breast; if Mr.

Darwin's theory be correct, it is through the operation of these

fundamental instincts that such a being as man has come into existence

at all. In any case these instincts have hitherto been the chief

ingredients of all human progress, the most effective spur to energy

of all kinds, and when properly utilised they are the most potent of

all deterrents to crime. Were it possible for the hand of social

justice to descend on every criminal with infallible certainty; were

it universally true that no crime could possibly escape punishment,

that every offence against society would inevitably and immediately be

visited on the offender, the tendency to commit crime would probably

become as rare as the tendency of an ordinary human being to thrust

his hand into the fire. The uncertainty of punishment is the great

bulwark of crime, and crime has a marvellous knack of diminishing in

proportion as this uncertainty decreases. No amelioration of the

material circumstances of the community can destroy all the causes of

crime, and till moral progress has reached a height hitherto attained

only by the elect of the race, one of the most efficient curbs upon

the criminally disposed will consist in increasing the probability of

punishment.

[33] Cf. _Tarde Philosophie Penale_, p. 467.

In proportion as the probability of being punished is augmented, the

severity of punishment can be safely diminished. This is one of the

paramount advantages to be derived from a highly efficient police

system. The barbarity of punishments in the Middle Ages is always

attributed by historians to the barbarous ideas of those rude times.

But this is only partially true; one important consideration is

overlooked. In the Middle Ages it was extremely difficult to catch the

criminal; in fact, it is only within the present century that an

organised system for effecting the capture of criminals has come into

existence. The result of the nebulous police system of past times was

that very few offenders were brought to justice at all, and society,

in order to prevent lawlessness from completely getting the upper

hand, was obliged to make a terrible example of all offenders coming

within its grasp. As soon, however, as it became less difficult to

arrest and convict lawless persons, the old severities of the criminal

code immediately began to fall into abeyance. Sentences were

shortened, punishments were mitigated, the death penalty was abolished

for almost all crimes except murder. But even now, the moment society

sees any form of crime showing a tendency to evade the vigilance of

the law, a cry is immediately raised for sterner measures of

repression against the perpetrators of that particular form of crime.

The Flogging Bill recently passed by Parliament is a case in point.

These instances afford a fairly accurate insight into the action of

society with regard to the punishment of crime. It punishes severely

when the criminal is seldom caught; it punishes more lightly when he

is often caught; and its punishments will become more mitigated still,

as soon as the probability of capture is made more complete. A

comparatively light sentence is in most cases a very effective

deterrent, when it is made almost a certainty, and all alterations in

the future in criminal administration should be in the direction of

making punishment more certain rather than more severe. Such efforts

are sure to be rewarded by a decrease in the amount of crime.

Crime and Its Causes · 第 6 / 8 章