CHAPTER VI {120}

CRIMINOLOGY

A whole science has developed based on the assumption of the existence

of a biologically determined criminal type and upon the hereditary

transmission of criminality. The Italian school of criminologists led

by C. Lombroso has endeavored to define the type of the criminal and

the physical characteristics of criminals addicted to various types

of crimes. A number of stigmata have been established which, it was

believed, characterized a person as a criminal. If this theory could

be proved the treatment of criminals would have been much simplified,

for it would have been possible to select all criminals before the

commission of a crime and to protect society against them.

Unfortunately these extreme hopes have not been fulfilled. Our previous

considerations make it plausible that they could not be fulfilled,

because the interrelation between gross bodily form and mentality is

not by any means close.

All that has been proved is that many criminals are defective,

not only mentally but also physically. {121} It is, therefore, not

surprising that anomalies that accompany various types of defectiveness

should be found among them with greater frequency than among the

socially normal; but it does not follow that the presence of any one of

the stigmata described by the Italian school would prove that a person

is a born criminal.

In many of the cases a careful statistical study has shown that

the alleged stigmata, such as absence of the lobe of the ear and

irregularities in the position of the teeth, are more frequent in local

noncriminal groups than among the criminals, so that for this reason

they cannot be considered as significant. Neither is there any clear

physiological relation between the alleged stigmata and social or even

physical defects.

A most careful examination of the criminal population has been made

by C. Goring. His general results are worth quoting. He says: “For

statistical evidence, one assertion can be dogmatically made: It is,

that the criminal is differentiated by inferior stature, by defective

intelligence and, to some extent, by his antisocial proclivities; but

that, apart from these broad differences, there are no physical, mental

or moral characteristics peculiar to the inmates of English prisons.

The truths that have been overlooked are that these deviations,

described as significant of criminality, are inevitable concomitants

of inferior {122} stature and defective intelligence: both of which

are the differentia of the types of persons who are selected for

imprisonment.”

The conditions are the same as those previously described. As it is

impossible to assign an individual according to his bodily form to a

racial group, if the groups overlap, so it is impossible to recognize

an individual by his bodily build as a criminal. We may say that it is

more likely that a person physically and mentally defective will become

a criminal than one who is normal, but we cannot say that he _must_ be

a criminal.

The very definition of the term “crime” proves that no such intimate

relation can exist. What was a crime in times past is no longer a

crime now. Heresy was a crime punishable by death. Among heretics were

included many who were mentally unbalanced and probably physically

defective; but men like Huss or Giordano Bruno were criminals on

account of their mental independence. George Washington would have been

a criminal, if the English had caught him.

In foreign societies the concept of what constitutes a crime may

be even more different than it has been at different periods among

ourselves. Where food is shared by all and property consists solely of

the necessities of life, such as clothing, weapons, household utensils,

small pilfering is all but impossible, for the taking of food is not

stealing, {123} food being freely shared by all. Where strict laws of

endogamy exist, what we call incest may be proscribed. Where exogamy

is found the laws of incest extend over wider, or curiously selected

groups. Where vendetta is the law of the land certain types of murder

are a virtue, not a crime. Where monogamy is the custom polygamy is

a criminal offense, while in other societies the refusal to accept a

number of mates may be so considered. Where sexual life is practically

free sexual crimes do not occur.

Under these conditions the criminal must be defined as the person who

habitually disregards the laws of conduct proscribed by the society to

which he belongs. If we accept this definition we must except those

cases in which conduct contrary to law is ceremonially permitted or

proscribed. This happens, for instance, among the Pueblo Indians and

in British Columbia in the case of certain semi-priestly groups who

have the privilege of acting counter to the sacred rites of the people

and who are accordingly feared by the profane crowd. The same is true

in all cases of prerogatives of social classes--as in the relation

between master and slave, when the slave is considered a chattel; or in

prerogatives of feudal lords.

With the differentiation of what constitutes a crime the mental

characteristics of the criminal {124} must also vary. The criminal who

breaks through the inhibitions developed by the habitual behavior of

the society to which he belongs is actuated by a variety of motives.

The breaking point depends upon the drive that leads to action and

the strength of inhibition. Among two persons with equal power of

inhibition the starving pauper will be led to theft by hunger; the

well-to-do who is deprived of his conveniences will succumb much more

readily, because the strain which for the pauper would be insignificant

is felt by him as suffering. Such conditions may account for the

similar distribution of criminality in well-to-do and poor social

groups.

The problem of the heritability of criminality as well as of other

forms of social deficiency presents the same difficulties that are

encountered in all attempts to discriminate between organic and

environmental determination.

The definition of crime is so complex and so variable, so entirely

dependent upon social conditions that criminality itself can hardly

be considered as hereditary. It is, however, possible that certain

dispositions may be hereditary that lead to acts that are in some

cases considered as criminal. It has been proved that the criminal is,

in many respects, defective. If the deficiency is hereditary, then a

greater probability exists that {125} a defective individual belonging

to a hereditary line of defectives may become a criminal.

The investigation of families like the Kallikaks has shown that there

are strains in which criminality is very frequent. From a purely

practical point of view these data allow us to say that when a person

is a criminal or otherwise defective there is a greater likelihood of

finding criminals or defectives in his family than among the relatives

of a person who is not a criminal.

The reason for this is easily understood if we remember that the

same is true for any trait that occurs comparatively rarely and with

unequal frequency in different families. If in a preponderantly blond

population a blonde is selected we exclude all those families in

which no blondes occur and the average frequency of blondness in the

population thus selected will be considerable. On the other hand,

if we select a brunette individual the whole mass of families that

contain brunette individuals will appear, and the average frequency

of blondness in the series thus selected will be much lower. The same

is true when we select exceptionally short individuals. Then all tall

families will be eliminated the more the higher their average stature,

and the series so selected will contain an inordinately large number

of short individuals. Conversely in the series of families selected as

relatives of a tall person the {126} relative frequency of short ones

will be much less.

If all families were equal in regard to the relative frequency of

criminality, defects, blondness or low stature--then the series

selected as relatives of criminals, defectives, blondes or short

individuals would be the same as the series of relatives of

noncriminals, normals, brunette and tall individuals. The greater

frequency of criminality among relatives of criminals does not allow

us to deduce the laws of heredity of criminality, unless the frequency

distribution of criminality of families is accurately known.

We have seen that the family lines constituting a population differ

among themselves. They differ also in regard to criminality and

frequency of defects. The questions to be answered are whether these

are environmentally determined or hereditary and what the laws of

heredity are.

The observations of Habit-Clinics for preschool children throw an

interesting light upon this problem. Although the statistical results

of these observations must be used with considerable caution, the

psychological analysis elucidates the far-reaching influence of an

unfavorable environment upon the behavior of physically weak subjects

and the development of antisocial tendencies that may arise under

stresses of a family situation that makes for revolt against tyrannical

authority or creates in other ways serious antagonisms. {127}

No less instructive are the observations of psychoanalysis. While I am

not inclined to follow the intricate and, as it seems to me, arbitrary

reasonings of psychoanalysts, sufficient material has been accumulated

showing that under severe stresses, particularly after a sudden

“trauma,” weak individuals may develop abnormal mental habits of the

most varied kind.

The general evidence points to the conclusion that the weak individual

takes to antisocial acts when the environmental stress that brings

about disregard of the laws of society is sufficiently acute. The

stronger the individual the greater the stress that will be required.

C. Goring, in the investigation previously referred to, minimizes

the environmental factor as a determinant of criminality. He tries

to prove that all other social irregularities found among criminals,

such as lack of schooling or irregular employment, or poverty are

dependent upon lack of intelligence. His argument is based on the

statistical interrelation between intelligence and the various social

defects. He determines the average intelligence of a group by the

relative frequency of mental defectives. He assumes that the greater

their number the lower the average intelligence. This is a doubtful

procedure, because the range of variation in the groups does {128}

not need to be the same. If, for instance, the mentality of criminals

were more variable than that of noncriminals, they would have a larger

number of defectives even if they had the same average intelligence.

Social irregularities combined with criminality are the more frequent

the greater the relative number of mental defectives. The argument

might also be reversed and we might say that mental defects combined

with criminality are the more frequent the greater the relative number

of social irregularities, such as lack of schooling or irregular

employment. In order to prove that organically determined intelligence

is the cause of both social irregularities and criminality it would be

necessary to show that groups of individuals of the same intelligence,

taken at random from the total population, would have the same relative

frequency of criminality regardless of other social defects, such as

poverty, lack of schooling or irregularity of employment. Since we do

not know the distribution of intelligence in the total population the

ratio of criminality cannot be determined and it cannot be claimed that

hereditary intelligence is the decisive factor.

I believe, therefore, that the irrelevancy of environment as a factor

producing criminality has not been proved.

Many authors have tried to deduce from the {129} distribution of

cases of criminality in family lines that the tendency is inherited in

a simple Mendelian ratio. The infinite complexity of conditions that

bring an individual into the class of convicted criminals does not make

such a conclusion likely and the number of cases that have been brought

forward is entirely insufficient for a conclusive proof. The actual

statistical data indicate only that in the population family lines

differ in their degree of criminality.

The assumption of a simple form of Mendelian heredity, and that of

the occurrence of much more complex forms which include environmental

factors lead to quite distinct practical results. In the former case

the occurrence of a single case of criminality in a family and a

knowledge of the simple rules of hereditary transmission would enable

us to foretell how many individuals in various family lines would be

affected. In the latter case prediction would be well-nigh impossible,

because the rules of heredity, although following fundamentally the

same laws, would be so varied that the hereditary characteristics of a

single family would not be known.

More important than this is the difficulty of differentiation between

environmental and hereditary causes, for if a whole family is exposed

to the same deleterious conditions and a sufficient {130} organic

weakness exists, the whole family may become criminal, while under more

fortunate conditions it could withstand the social pressure to which it

is exposed.

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