It ought to be remarked here that howeve_Criminality and economic conditions

observation may be, we must beware of drawing the erroneous conclusion

that those who feel most strongly the influence of the fall of prices

and the rise in wages must necessarily, according to a law of nature,

commit crimes against persons. This is true only for gross and

uncultivated individuals who do not know how to occupy their leisure.

But the degree of civilization of an individual depends above all upon

the economic conditions under which he was placed by his birth. There

are, then, economic causes for both kinds of crime.

Upper Bavaria. This district shows a higher figure for crime than any

other province in Bavaria. It is especially the great increase since

1857–1858 that is most striking, and which is explained at least

partially by the application of another system of examining offenses.

The increase in the number of crimes against the person is the

consequence of prosperous years, while the high figure for crimes

against property is explained by the great influx of individuals from

neighboring districts, who, from an economic standpoint, were not

independent. In the period from 1837 to 1864 the population increased

49,128 by birth, and 66,299 by immigration.

Lower Bavaria. The connection between crimes against property and the

price of grain is weaker in this province than in any of the others,

because of its great production of cereals, which, for the most part,

are destined for home consumption.

The upper Palatinate, Upper, Central, and Lower Franconia, and Swabia,

all give convincing proofs of Dr. Mayr’s thesis, though in Franconia

the truth is less apparent through the fact that bad years brought

increased emigration, which cut down the normal increase in the number

of crimes.

Where he treats of the different forms of crime, we read the following

remarks, which are of interest in connection with our subject: “As we

have just seen, crimes against persons increase when the price of grain

goes up. We must except from this rule, however, two kinds of crime:

infanticide and abortion.” The first of these crimes reached its

maximum in the critical years 1854–55, and the second in 1853–1854.

As a proof of the coincidence of the fluctuations of crimes against

property with those of the price of grain in the period preceding that

which he studied especially, Dr. Mayr gives the following table:

========+=================================+================

|Number of Crimes against Property|

| to 100,000 of Population. |

Years. +--------------+------------------+ Price of Rye

| District of | District of the | in Munich.

| the Isar. | Lower Danube. |

--------+--------------+------------------+----------------

1818/19 | -- | 138 | 8 fl. 15 kr.

19/20 | -- | 148 | 6 31

20/21 | 233 | 157 | 7 28

21/22 | 297 | 200 | 7 58

22/23 | 267 | 195 | 7 57

23/24 | 276 | -- | 6 2

24/25 | 295 | 166 | 6 59

25/26 | 317 | 157 | 6 18

26/27 | 315 | 144 | 6 55

27/28 | 463 | 241 | 11 11

28/29 | 416 | 234 | 11 6

29/30 | 401 | 216 | 10 48

30/31 | 427 | 264 | 11 12

31/32 | 530 | 302 | 12 35

32/33 | 493 | 313 | 8 21

33/34 | -- | 318 | 8 42

34/35 | 487 | 318 | 7 47

========+==============+==================+================

In chapter IV (“Zahl und Bewegung der Polizeiübertretungen im Gebiete

diesseits des Rheins”) Dr. Mayr gives some interesting information with

regard to thefts of wood. The following table gives the figures for

these crimes in this district compared with the others:

============================|============================

Above the Average | Below the Average

(Cis-Rhenal Territory). | (Cis-Rhenal Territory).

----------------------------+----------------------------

The Upper Palatinate 18 % |Central Franconia 1 %

Upper Franconia 80 ,,|Swabia 63 ,,

Lower Franconia 178 ,,|Upper Bavaria 99.2 ,,

|Lower Bavaria 99.5 ,,

=========================================================

The great difference between these figures is explained by the fact

that in Lower Franconia only a quarter of the woods are privately owned

(the rest belonging to corporations, etc.). In Upper Bavaria the

private forests are 92%, and in Lower Bavaria 96½% of the whole.

Besides, the price of wood is very high in Lower Franconia. Once more,

then, economic conditions are the cause of crime.

Upon the movement of the figures for mendicity Dr. Mayr remarks that

they are strongly influenced by the cost of the primary necessities.

“The parallel movement of the food-price and mendicity offers little to

astonish us if we learn from the statistics of crimes that the

objective difficulty or ease of getting food resulting from the

fluctuations in price, exercises a direct influence upon increase and

decrease of serious crimes against property. It is explicable that only

a small portion of individuals who become economically dependent

proceed to serious crime, while the majority fall into the minor

misdemeanors involved in a living obtained through begging and

vagrancy. The same force that appears in the increase and decrease of

attacks upon property, must consequently appear much more intensively

in the fluctuations of mendicity and vagrancy.”

BAVARIA. [42]

=======+=======================+===============================================================================

| Price of Rye | Number of Mendicants and Vagrants Arrested to

| (Bavarian Bushel). | 100,000 of the Population.

+-----------+-----------+-------------+-----------+-----------+-----------------------+--------+--------

+-----+-----+-----+-----+------+------+ | Upper +------+--------+-------+ | The

-------+-----+-----+-----+-----+------+------+-----------+-----------+------+--------+-------+--------+--------

1835/36| 6 | 53 | 8 | 17 | 2696 | 1558 | 1542 | 1952 | 2165 | 1348 | 665 | 1456 | 1685

1836/37| 7 | 31 | 10 | 26 | 2100 | 1839 | 2075 | 2277 | 2421 | 1229 | 711 | 1262 | 1727

1837/38| 10 | 18 | 12 | 21 | 2065 | 2483 | 2472 | 2233 | 2255 | 1438 | 639 | 1306 | 1842

1838/39| 11 | 30 | 13 | 40 | 2232 | 1989 | 2056 | 2076 | 2195 | 1435 | 519 | 1640 | 1771

1839/40| 10 | 35 | 12 | 6 | 2032 | 1805 | 2238 | 2111 | 2584 | 1233 | 515 | 1829 | 1781

1840/41| 8 | 49 | 10 | 4 | 1887 | 1608 | 1845 | 1711 | 1810 | 1006 | 410 | 1531 | 1467

1841/42| 9 | 14 | 12 | 39 | 1777 | 1318 | 1878 | 1625 | 1814 | 1008 | 434 | 1599 | 1433

1842/43| 14 | 10 | 15 | 19 | 1810 | 1757 | 2479 | 2365 | 2679 | 1450 | 615 | 2177 | 1893

1843/44| 14 | 1 | 10 | 28 | 1905 | 1690 | 1970 | 2286 | 2264 | 1475 | 475 | 2151 | 1758

1844/45| 15 | 15 | 13 | 30 | 1857 | 1698 | 2411 | 2364 | 1412 | 1119 | 423 | 1722 | 1622

1845/46| 19 | 53 | 21 | 45 | 2182 | 1836 | 3528 | 2856 | 1447 | 1475 | 535 | 2332 | 2033

1846/47| 21 | 36 | 22 | 44 | 2902 | 2166 | 4276 | 3757 | 1904 | 1850 | 949 | 2586 | 2584

1847/48| 10 | 12 | 10 | 22 | 1916 | 1635 | 2704 | 2290 | 1348 | 1364 | 548 | 1985 | 1746

1848/49| 7 | 34 | 8 | 46 | 2269 | 1439 | 2555 | 1360 | 1015 | 1270 | 586 | 1545 | 1563

1849/50| 7 | 57 | 8 | 57 | 2346 | 1528 | 2801 | 1782 | 991 | 1351 | 716 | 1893 | 1686

1850/51| 12 | 20 | 13 | 10 | 2213 | 1790 | 3269 | 1734 | 1096 | 1294 | 1002 | 2023 | 1845

1851/52| 17 | 53 | 15 | 57 | 2927 | 2243 | 4562 | 3030 | 1637 | 2274 | 2236 | 2969 | 2705

1852/53| 17 | 39 | 17 | 46 | 2572 | 1918 | 5010 | 2289 | 2017 | 1795 | 2165 | 2535 | 2592

1853/54| 23 | 38 | 24 | 13 | 2932 | 2097 | 5854 | 2983 | 2127 | 2282 | 2894 | 2671 | 3027

1854/55| 23 | 19 | 23 | 38 | 2964 | 2591 | 5026 | 3326 | 2470 | 2215 | 2831 | 2804 | 3229

1855/56| 17 | 45 | 22 | 2 | 2423 | 1817 | 4637 | 2367 | 2050 | 1595 | 2515 | 1939 | 2443

1856/57| 15 | 26 | 18 | 5 | 2157 | 1724 | 3265 | 2059 | 1176 | 1412 | 1931 | 1435 | 1922

1857/58| 12 | 31 | 12 | 58 | 1956 | 1237 | 2595 | 1537 | 588 | 974 | 1621 | 1203 | 1505

1858/59| 10 | 28 | 12 | 13 | 1949 | 1170 | 2309 | 1334 | 462 | 497 | 940 | 1029 | 1255

1859/60| 11 | 45 | 15 | 15 | 2084 | 1219 | 2622 | 1538 | 525 | 890 | 994 | 1105 | 1419

1860/61| 14 | 8 | 16 | 19 | 2055 | 1304 | 2580 | 1318 | 484 | 720 | 750 | 1069 | 1336

+-----+-----+-----+-----+------+------+-----------+-----------+------+--------+-------+--------+--------

Average| 13 | 35 | 14 | 44 | 2234 | 1741 | 3083 | 2155 | 1649 | 1388 | 1120 | 1842 | 1920

=======+=====+=====+=====+=====+======+======+===========+===========+======+========+=======+========+========

ENGLAND.

In speaking of the influence of economic conditions upon mendicity Dr.

Mayr gives the following table:

ENGLAND AND WALES.

=========+=========================+===================

Years. |Price of Wheat (Quarter).|Number of Vagrants.

---------+-------------------------+-------------------

| sh. d. |

1858 | 44 2 | 22,559

1859 | 43 10 | 23,353

1860 | 53 3 | 22,666

1861 | 55 4 | 24,001

1862 | 55 5-1/2 | 29,504

1863 | 44 9 | 33,182

1864 | 40 2 | 31,932

=========+=========================+===================

However, in this case the increase of mendicity does not rest upon the

high prices alone, but also upon the crisis which, owing to the

depression of the cotton industry from 1860 on, lowered the plane of

living of hundreds of thousands of workers, or drove them into the

street.

ENGLAND AND WALES.

Number and Kind of Cases Tried by Jury.

========+========+=========+=========+===============+=========+=========+======

--------+--------+---------+---------+---------------+---------+---------+------

1858 | 14 | 29 | 233 | 13 | 2.5 | 4.5 | 296

1859 | 13 | 22 | 209 | 11 | 3 | 5 | 263

1860 | 11 | 20 | 207 | 8.5 | 2.5 | 4 | 253

1861 | 12 | 25 | 200 | 8.5 | 2.5 | 4 | 252

1862 | 12.5 | 28 | 203 | 9.5 | 3 | 6 | 262

1863 | 14.5 | 26 | 194 | 9 | 3.5 | 7 | 254

1864 | 15 | 24 | 190 | 6.5 | 3.5 | 7 | 246

+--------+---------+---------+---------------+---------+---------+------

Average | 13 | 25 | 205 | 9 | 3 | 5 | 260

========+========+=========+=========+===============+=========+=========+======

Here the influence of the fall of prices is distinctly seen; offenses

against property have decreased, those against persons, on the

contrary, have increased.

ENGLAND AND WALES.

Total Offenses Tried by Jury, and Offenses not Specified.

========+==========================+===========================

Years. |Assaults upon Persons to | Attacks upon Property

|100,000 of the Population.|without Violence to 100,000

| | of the Population.

--------+--------------------------+---------------------------

1858 | 439 | 439

1859 | 438 | 399

1860 | 399 | 392

1861 | 383 | 415

1862 | 403 | 433

1863 | 436 | 392

1864 | 469 | 365

+--------------------------+---------------------------

Average | 426 | 405

========+==========================+===========================

The great fall in the price of grain in 1863–1864 is once more

accompanied by a diminution of the offenses against property, and an

increase in those against persons.

We might conclude from this table that the remark concerning crimes

against property and those against persons is not applicable, since in

1858 the number of crimes against property was very high,

notwithstanding the reduced price of grain. Here is Dr. Mayr’s

explanation of it:

“The reason must be the following: The occasion for high spirits to be

found in improved living conditions follows immediately upon any such

improvement, and disappears at once when times grow worse. For this

reason the fluctuation in attacks upon persons harmonizes exactly with

the fluctuation in the price of food. The effects of hard times are

only partially such as lead to punishable offenses; in most cases

economic ruin occurs first, which leads only after an interval to

attacks upon property. For this reason the effects of hard times

continue to manifest themselves at a time when the hard times

themselves are already practically over. This is the explanation both

of the great number of attacks upon property in the year 1857, when the

effects of the immediately preceding hard times were making themselves

felt, as well as the gradual increase in the number of attacks against

property in the years 1860–1862.” [43]

Number of Persons against whom Action was Brought for Abandonment.

========|================

Years. | To 100,000 of

| the Population.

--------|----------------

1858 | 20

1859 | 18

1860 | 17

1861 | 21

1862 | 21

1863 | 19

1864 | 18

|----------------

Average | 19

=========================

The fall in the price of grain in 1863–1864 was accompanied by a

diminution in the number of crimes of this kind.

Violations of the Vagrant Act to 100,000 of the Population.

=======+============+===========+==========+=========+===============+=============+============+==============+======

-------+------------+-----------+----------+---------+---------------+-------------+------------+--------------+------

1858 | 51.4 | 50.2 | 18.9 | 0.3 | 14.2 | 18.0 | 2.0 | 13.0 | 168

1859 | 37.1 | 39.2 | 15.9 | 0.3 | 12.2 | 12.7 | 1.6 | 12.0 | 131

1860 | 33.6 | 37.9 | 15.2 | 0.2 | 11.5 | 10.1 | 1.2 | 9.4 | 119

1861 | 35.4 | 41.3 | 17.7 | 0.4 | 12.5 | 11.7 | 1.2 | 10.7 | 131

1862 | 41.4 | 55.4 | 20.1 | 0.4 | 14.0 | 14.5 | 2.1 | 12.8 | 161

1863 | 39.2 | 52.9 | 18.6 | 0.2 | 13.3 | 15.3 | 2.5 | 15.5 | 157

1864 | 35.8 | 46.0 | 18.0 | 0.2 | 13.3 | 14.8 | 2.2 | 12.7 | 143

+------------+-----------+----------+---------+---------------+-------------+------------+--------------+------

Average| 39.7 | 46.1 | 17.7 | 0.3 | 13.0 | 13.9 | 1.8 | 12.3 | 144

=======+============+===========+==========+=========+===============+=============+============+==============+======

The maximum number of infractions of the Vagrant Act took place in

1858, when the harmful consequences of the rise in the price of grain,

which took place immediately before, were still making themselves felt.

The increase in 1861–1862 was the result of the high price of wheat,

and of the crisis in the cotton industry.

France.

=======+=========================+======================

|Arrests in the Department|Average Price of Grain

Years. | of the Seine to 100,000 | per Hectolitre.

| of the Population. |

-------+-------------------------+----------------------

1855 | 1222 | fr. 29.37

1856 | 1170 | 30.22

1857 | 1169 | 23.83

1858 | 1154 | 16.44

1859 | 1008 | 16.69

1860 | 1074 | 20.41

1861 | 1128 | 24.25

1862 | 1250 | 23.24

1863 | 1133 | 19.78

1864 | 1158 | 17.58

=======+=========================+======================

Here also the influence of price makes itself felt.

The following table gives the number of persons arrested in the

department of the Seine, grouped according to the alleged crimes, and

compared with the price of wheat. Group I contains offenses against the

public order; Group II, offenses against persons; Group III, offenses

against morals; group IV, offenses against property; Group V,

miscellaneous. Taking 100 as the average figure for the price of grain

as well as for crimes in the economically favorable years 1858–59, the

proportion is as follows:

======+======+==============================+===================+=====+=============+=====+======

|Price | I. | II. | III.| IV. | V. |

| of +------------------------------+------+------------+-----+------+------+-----+

------+------+------+------------+----------+------+------------+-----+------+------+-----+------

1855 | 178 | 128 | 122 | 148 | 76 | 72 | 100 | 102 | 116 | 106 | 113

1856 | 182 | 117 | 118 | 114 | 81 | 80 | 104 | 106 | 121 | 92 | 108

1857 | 144 | 119 | 127 | 117 | 82 | 81 | 98 | 101 | 114 | 100 | 108

1860 | 123 | 96 | 90 | 134 | 103 | 106 | 100 | 110 | 123 | 80 | 99

1861 | 146 | 95 | 99 | 105 | 95 | 96 | 131 | 116 | 124 | 103 | 104

1862 | 140 | 120 | 128 | 147 | 94 | 98 | 108 | 116 | 131 | 108 | 116

1863 | 119 | 112 | 119 | 186 | 90 | 94 | 92 | 101 | 114 | 97 | 105

1864 | 106 | 115 | 124 | 176 | 84 | 87 | 85 | 111 | 123 | 84 | 107

======+======+======+============+==========+======+============+=====+======+======+=====+======

Here it is to be observed:

a. that the movement of mendicity and vagrancy is not in direct

correlation with that of the price of grain.

b. that Group IV shows only a slight correlation with the price of

grain, since there are included in it many crimes whose causes are not

of an economic nature.

c. that during the last years of this period the increase of crimes

against property was greater than the figures for the price of grain

would lead one to suppose; a fact which is explained, according to Dr.

Mayr, by the lack of work resulting from the war of secession.

The law that crimes against persons increase with the fall of prices is

confirmed by these statistics.

VI.

A. CORNE. [45]

According to this author the laws regulating moral phenomena are at

present hidden by thick clouds.

“We may await with confidence the dissipation of these clouds, when

some great principle, about which our observations of detail will group

themselves, will appear to us in a flood of light. Everything seems to

indicate to me that this master principle is no other than the

principle of activity. In fact, the first rudiments of social science

have as yet been given us only by political economy, and its sole

foundation is the affirmation of human activity. On the other hand,

since giving myself up without any preconceptions to this special study

of criminality I have been little by little led by a close examination

of the facts, to find the general cause of crimes in the absence of

this principle of activity.

“When we reflect upon this, it appears quite in the natural order of

things that the development of criminality, that is to say of the

spirit of destruction and dissolution, should manifest itself at the

time of the weakening or disappearance of the generative principle of

all production and of all society. There is here, then, if I am not

deceived, more than a mere coincidence. There is a relationship which

deserves to be noted so much the more since it is from the principle of

activity that all physical laws also are derived today.” [46]

Let us accompany the author to the domain of facts. After having given

an exposition of the movement of criminality in France in comparison

with that of other countries, he finally takes up the question of

etiology. For the crowd, says the author, the criminal is a kind of

monster in the midst of society, a monster predestined to crime because

of his innate tendencies. Looked at in this way criminality is an

individual evil. Corne, on the contrary, believes it to be a social

evil. For, however much society may be developed in all respects, it is

nevertheless always imperfect, since the ignorance and corruption of

morals are great. The author lays stress upon two facts, namely, the

corruption of morals in the upper classes, and militarism. Not only

does militarism draw after it the ruin of peoples, and develop man’s

violent instincts, but it has still other very serious moral

consequences, by forcing celibacy upon young men at the passionate age.

The author admits that there are facts which might seem to give the lie

to his opinion—the influence, for example, of the price of grain upon

the decrease and increase of criminality.

========+======================+=================

Years. | Average Price of a |Number of Persons

| Hectolitre of Wheat. | Arraigned.

--------+----------------------+----------------=

| fr. c. |

1850 | 14 32 | 147,757

1851 | 14 48 | 146,368

1852 | 16 75 | 159,791

1853 | 22 39 | 171,351

1854 | 28 82 | 170,940

1855 | 29 32 | 163,748

1856 | 30 75 | 162,049

1857 | 24 37 | 161,556

1858 | 16 75 | 157,815

1859 | 16 75 | 150,948

1860 | 20 24 | 144,301

1861 | 24 55 | 151,112

1862 | 23 24 | 152,332

1863 | 19 78 | 144,072

1864 | 17 58 | 146,230

========+======================+=================

Although, according to Corne, the high price of grain may be only an

accidental fact, there must yet be some importance attached to it in

view of the disastrous consequences which may result from it to

families that have in any case a hard time to make both ends meet. But

the figures given above do not prove the influence to be very great.

For prices rise sometimes although the other figures fall, and vice

versa. And then the sudden increase of [detected] crime from 1849 to

1853 must be attributed to a better organization of the police.

Then the author gives the following table:

========+======================+===========================

Years. | Price of a |Number of Persons Convicted

| Hectolitre of Wheat. | of Attacks upon Property

| |(to 1000 of Population).

--------+----------------------+---------------------------

| fr. c. |

1850 | 14 32 | 147,757

1851 | 14 48 | 146,368

1852 | 16 75 | 159,791

1853 | 22 39 | 171,351

1854 | 28 82 | 170,940

1855 | 29 32 | 163,748

1856 | 30 75 | 162,049

1857 | 24 37 | 161,556

1858 | 16 75 | 157,815

1859 | 16 75 | 150,948

1860 | 20 24 | 144,301

1861 | 24 55 | 151,112

1862 | 23 24 | 152,332

1863 | 19 78 | 144,072

1864 | 14 32 | 146,230

========+======================+===========================

We see that the coincidence of the figures is here naturally greater

than in the first table.

“The situation of criminals may be summed up in a word: isolation. Most

of them hardly know what a family is. They are miserable, they have no

home, no fixed occupation which attaches them little by little to men

and things. They are immersed in the gloom of ignorance. Aside from

what affects their immediate physical wants the rest of the world is

for them as if it did not exist.” [47] They are alone, isolated from

birth. For among juvenile prisoners there are reckoned not only many

illegitimate and orphaned children, but also many who have been

deserted. Out of 8006 young criminals in prison December 31st, 1864,

60% were illegitimate, orphaned, or deserted.

The author then depicts the environment in which the children of the

proletariat ordinarily grow up—bad hygienic conditions, demoralizing

surroundings, etc.—and points out the harmful effect of labor in

factories upon the young. Corne also considers celibacy to be one of

the causes of crime, since the individual has no one to care for him or

be interested in his fate. Crime is developed much more in the great

cities than in the country, for the reason, the author thinks, that men

are much more isolated, much more left to themselves in the city than

in rural neighborhoods.

—Here I would remark that it is for economic reasons that men are

prevented from marrying, and that the great criminality of cities is

best explained by the marked difference in economic situation, and by

the more frequent opportunities for wrong-doing found there.—

According to Corne one of the best preventives of crimes is property,

since it engenders a feeling of responsibility. The property owner

exerts himself to increase his wealth, and hence property has a moral

influence. [48]

“Criminality comes from a lack of vitality. It is an anemia. In order

to prevent it we must excite a desire for activity.” It is in this that

the usefulness of education appears. The man who knows how to read and

write, has in his hands an instrument which can multiply his means of

action indefinitely. [49]

—As regards education, it has been proved that Corne and many others

have exaggerated its importance for the etiology of crime. When

education extends beyond the art of reading and writing, it has a

civilizing influence, and causes a diminution of violent crimes, but it

does not result in a decrease of criminality in general, since the

economic causes of crime remain. Education changes, indeed, the nature

of criminality, but not its extent. [50]—

The author concludes by saying “The man who has a family, who has

property, who is educated, who is known by his fellow citizens and has

his share of influence upon them, can not be the individual whom we

have seen to be criminal, because of weakness and isolation ... he has

energy, determination, and can control his passions because he is

surrounded and sustained, because a thousand bonds of interest and

affection attach him to society, order, and property.” [51]

VII.

H. VON VALENTINI.

The work “Das Verbrecherthum im Preussischen Staat”, published in 1869

by Prison-director von Valentini, treats especially of the results

obtained by the penal system then in force in Prussia, and of the means

of improving it.

Von Valentini sees in crime primarily the consequence of social

conditions, at least he considers that the best means of combating it

is for society to prevent the criminal tendency from manifesting

itself, and make efforts to raise the moral level of the people. For,

according to our author, 90% of the criminals are “purely material and

entirely neglected” and ought to “undergo a spiritual regeneration.”

[52]

After these general observations he proceeds to more particular

observations upon the criminals themselves in society. He examines

statistically the proportion of criminals in the population. Obtaining

different proportions for different districts of Prussia he

investigates the causes. For this purpose he classifies crimes as:

first, crimes from personal interest, and second, crimes from passion.

Finding then that the provinces of the East give 9% of crimes from

personal interest more than the others, he thinks he has found the

cause in “an existing destitution both material and intellectual, and

in the arrangement of the prisons.” [53]

Chapter Three, upon the “Dimensionen des Nothstandes” contains detailed

tables for each province, the great cities, and the rich and poor

countries. He obtains, then, the following result for the eight

provinces:

======================+===========+===========+==============+=============

| Pauperism | |Percentage of |Ratio of the

| Number | To 100 |Crimes against|Percentage of

|of Indigent| of the | Property to | the Crimes

Provinces. |Persons in |Population.|100,000 of the| against

|the Poorest| | Population. | Property

|Districts. | | | to that of

| | | | Pauperism.

----------------------+-----------+-----------+--------------+-------------

Posen | 536,495 | 36.1 | 32.89 | 0.91 : 1

Prussia | 792,948 | 27.6 | 24.69 | 0.89 : 1

Pomerania | 314,383 | 22.6 | 20.57 | 0.91 : 1

Silesia | 517,528 | 15.2 | 36.94 | 2.43 : 1

+-----------+-----------+--------------+-------------

Total of Eastern group| 2,161,354 | 23.6 | 115.09 | 4.91 : 1

| | | |

Rhenish provinces | 397,350 | 12.0 | 5.59 | 0.46 : 1

Brandenburg | 84,011 | 3.4 | 26.27 | 7.72 : 1

Westphalia | 45,849 | 2.8 | 9.21 | 3.29 : 1

Saxony | 259,901 | 1.3 | 18.33 | 14.10 : 1

+-----------+-----------+--------------+-------------

Total of Western group| 553,111 | 5.9 | 59.40 | 25.57 : 1

======================+===========+===========+==============+=============

Another thing that strikes him is the influence of the small landed

proprietor. “The possession of even a small piece of property in land

... is no slight preventative of crime against property.” [54] The

author gives the following statistical summary.

He ranks in the class of small land holdings estates of 30 acres [55]

and below. The total amounts to 10,655,460 acres to 1,716,535 estates,

with an average of 6 acres.

There were in the following provinces:

Posen 57,519 of these estates, or 1 to 25 inhabitants.

Prussia 93,793 ,, ,, ,, 30 ,,

Pomerania 61,752 ,, ,, ,, 22 ,,

Silesia 230,710 ,, ,, ,, 14 ,,

-------

Total of the Eastern group 443,774 ,, ,, ,, 18 ,,

Rhenish provinces 788,473 ,, ,, ,, 4 ,,

Brandenburg 112,532 ,, ,, ,, 22 ,,

Westphalia 197,383 ,, ,, ,, 8 ,,

Saxony 174,373 ,, ,, ,, 11 ,,

---------

Total of Western group 1,272,761 ,, ,, ,, 8 ,,

“The Rhenish provinces alone, then, have nearly twice as many as the

four Eastern provinces together! This explains the figure, 5.59, for

this district given in the table above, taken in connection with the

noteworthy care given to the poor. Can the connection between the

ratios given above and those of the occurrence of crimes against

property be denied?” [56]

In this connection he treats of housing conditions, for which he gives

the following figures.

Dwellings to 1 league:

Posen 258 Rhenish Provinces 901

Prussia 230 Brandenburg 304

Pomerania 218 Westphalia 579

Silesia 546 Saxony 529

Total 1252 Total 2313

A more detailed summary of the number of inhabitants shows us that

there were:

=================+======+========+==========+========+=======+============+===========+=======

-----------------+------+--------+----------+--------+-------+------------+-----------+-------

| | | | | | | |

In each dwelling | 9.8 | 9.8 | 10.1 | 7.9 | 6.9 | 10.0 | 7.2 | 7.5

In the cities | 11.2 | 13.2 | 11.6 | 13.3 | 10.4 | 14.0 | 8.7 | 9.8

In the hamlets | 8.8 | 10.6 | 10.0 | 8.1 | 6.1 | 9.6 | 7.0 | 6.8

In the villages | 9.3 | 8.4 | 9.3 | 7.0 | 5.7 | 7.7 | 6.7 | 6.5

=================+======+========+==========+========+=======+============+===========+=======

In these figures von Valentini sees a parallelism with those for small

holdings, and draws the conclusion that this isolation of households is

one of the best preventives of crimes against property.

VIII.

A. VON OETTINGEN. [57]

In chapter IV (“Die ungeordnete Geschlechtsgemeinschaft und die

Prostitution”), the author treats of the influence of the fluctuations

of price in certain important articles of food upon crimes against

property, against morals, against persons, and incendiary crimes

(Prussia). [58]

Percentage.

=======+========+======+=========+========+============

-------+--------+------+---------+--------+------------

1854 | 2.26 | 0.43 | 88.41 | 8.90 | 218.1

1855 | 2.57 | 0.46 | 88.93 | 8.04 | 252.3

1856 | 2.65 | 0.43 | 87.60 | 9.32 | 203.3

1857 | 4.14 | 0.53 | 81.52 | 13.81 | 156.3

1858 | 4.45 | 0.60 | 77.92 | 17.03 | 149.3

1859 | 4.68 | 0.52 | 78.17 | 16.63 | 150.6

+--------+------+---------+--------+------------

Average| 3.34 | 0.48 | 84.42 | 11.76 | 188.2

=======+========+======+=========+========+============

This table shows then: first, that crimes against property diminish as

prices fall; second, that under these same conditions crimes against

morals and against persons increase.

—We must be on our guard, however, against drawing false conclusions

from this second fact. The relationship in question is observed only

during a certain period and in certain countries, and is not to be

regarded as a law of nature, i.e., it must not be understood that an

improvement in economic conditions invariably causes an increase in

sexual and violent crimes. If this were the case, the well-to-do

classes, who are always in a position to provide for all their needs,

would furnish most of the criminals of this description. The facts show

just the contrary to occur everywhere. (See Part Two, where I treat

this subject fully.)—

In the chapter, “Die social ethische Lebensbethätigung in der

bürgerlichen Rechtsphäre,” the author treats our subject more fully.

Reasoning from different data taken from other authors, he points out

the connection between economic conditions on the one hand and

vagabondage and mendicity on the other. Having shown a considerable

increase in these offenses in the revolutionary period of 1848, he

attributes this increase to the lack of social discipline, for the

price of provisions was then low. We pass all this part of von

Oettingen’s book in silence, his data being taken for the most part

from other authors. We would merely point out his error in ranking the

year 1848 among those economically favorable because of the fall in the

price of food. As a matter of fact there was a terrible economic crisis

in Europe at the time.

We take the following data from the section entitled “Getreidepreise

und Kriminalität.”

To 100 complaints there were (in Prussia):

=======+======================+=============

| Crimes against | Price of Rye

Years. +-----------+----------+ per Bushel.

| Property. | Persons. |

-------+-----------+----------+-------------

| % | % | Sgr. Pf.

1862 | 44.3 | 15.8 | 63.10

1863 | 41.6 | 17.0 | 54.3

1864 | 41.6 | 18.4 | 45.6

1865 | 38.5 | 17.7 | 49.11

1866 | 44.4 | 14.5 | 58.5

1867 | 50.2 | 13.1 | 79.0

1868 | 52.3 | 13.8 | 78.8

1869 | 45.7 | 14.3 | 64.7

=======+===========+==========+=============

We find here this rule, that a rise in the price of food is accompanied

by an increase in the crimes against property and a decrease in crimes

against persons, and vice versa. This table also shows that, if a very

pronounced rise in prices has caused a great increase in criminality,

the later fall in prices does not make itself felt in the number of

crimes until some time after its commencement. (See 1867–1868.)

This phenomenon is very distinctly shown by the following table:

========+==============+=================================

Years. | Cases Tried. |Total Price of a Bushel of Wheat,

| | of Rye, and of Potatoes

| | in Groschen.

--------+--------------+---------------------------------

1854 | 644,483 | 221.6

1855 | 686,207 | 241.4

1856 | 766,628 | 228.4

1857 | 705,291 | 161.1

========+==============+=================================

It was only in 1857, then, that the fall in prices, beginning in 1856,

commenced to produce its effect.

In conclusion we call attention to the following tables:

Saxony.

========+=======================+============================

Years. | Crimes Against | Price of Wheat, of Rye, and

+-----------+-----------+ of Potatoes per Bushel.

| Property. | Persons. |

--------+-----------+-----------+----------------------------

| | | Gr.

1860 | 37.25 | 35.04 | 170

1861 | 40.28 | 33.10 | 181

1862 | 38.78 | 34.65 | 173

1863 | 36.56 | 35.09 | 147

========+===========+===========+============================

Bavaria.

========+=======================+============================

Years. | Offenses against | Price of Rye.

+-----------+-----------+

| Property. | Persons. |

--------+-----------+-----------+----------------------------

| | | Fl. Kr.

1862/63 | 38.38 | 33.16 | 14, 48

1863/64 | 36.16 | 37.72 | 12, 16

1864/65 | 36.55 | 39.79 | 11, 53

1865/66 | 33.42 | 41.18 | 10, 57

========+===========+===========+============================

Here is another proof of the rule, then, that crimes against property

decrease and those against persons increase as prices fall.

IX.

H. STURSBERG.

In the first part of a brochure edited in 1878 and entitled, “Die

Zunahme der Vergehen und Verbrechen und ihre Ursache,” the author

attempts, with the aid of statistics, to discover in what measure

criminality increased or decreased in Germany during the years

1871–1877. As a result of these researches he finds a considerable

increase in all Germany. [59]

As regards the causes of this increase, Stursberg, though not rejecting

entirely the opinion of Quetelet that society prepares the crime and

that the criminal is only the instrument that executes it, is

nevertheless of the opinion that it is very necessary to take into

account the personal factor, i.e. the presence or absence of religious

and moral sentiments.

There are those, says the author, who seek the cause in the

consequences of the war against France. Although believing also that

the war has had unfavorable effects upon criminality, it is impossible,

in his opinion that this war should be the cause of the increase of

criminality, since crime decreased after the wars of 1864 and 1866. He

considers that one of the causes is the great mildness of the penalties

imposed by the new penal code of the empire. But according to him, this

is not important, for since 1871 there has been rather a diminution

than an increase of recidivism. Nor can bad economic conditions be the

cause, says Stursberg; for criminality had already begun to increase

before the bad years, and it is not theft that has increased the most.

Nevertheless, Stursberg recognizes that prolonged poverty weakens the

moral sentiments, which shows that criminality and poverty are closely

connected.

But there are, in his opinion, more serious causes. There follows a

description of the impetus taken by industry in Germany during the

early seventies, a description not easily surpassed in pointlessness,

and in the naïve ignorance that it evinces. Without comprehending the

significance of the really important events that are happening about

him, the author fulminates against certain consequences of modern

capitalism.

—This appears to him as the consequence of a suddenly awakened desire

for riches. But why should this desire arise at this time? The author

does not tell us. But notwithstanding this he has unquestionably

discovered here one of the principal causes, since the prodigious

increase of industry, shortly followed by the inevitable crisis, has

infallibly caused an increase in criminality. Since Stursberg treats

this question rather as a moralist than as a man of science, we have no

interest in spending longer time upon it.—

In the first few pages of his brochure Stursberg speaks of the

disastrous consequences of alcoholism, after the enactment of the law

of 1869, which increased the number of spirit shops. Armed with

quotations without number he combats in turn the cafés-chantants,

immoral literature, etc., etc.; after which he introduces all at once

the matter of professional liberty. He speaks of the “influence,

impossible to estimate, which honest and pious masters exercised for

centuries upon the journeymen and apprentices, who were like members of

the family.” “The freedom of the trades came in and loosed the bonds of

piety and discipline which had retained the journeyman and apprentices

in the home of their master.”

—As far as we can see, the ideas of the author are rather those of a

writer of the Middle Ages, than of a contemporary of modern capitalism.

It cannot be denied that there is truth at the bottom of this

reasoning. For it is incontestable that in the time of the guilds the

position of the journeymen was in general more favorable than that of

the proletariat today. But it does not follow that the religion of the

master was the cause of this. And a demonstration in which professional

liberty is represented as being in fact a legislative error, and not

the logical and inevitable consequence of the birth of modern

capitalism, is so unscientific that it has no place in an investigation

into the causes of the increase of criminality.—

Then he preaches more particularly against the greater and greater

extension of the study of the natural sciences, against social

democracy, the lack of respect for constituted authorities, etc., etc.,

without, however, alleging the slightest proof of the connection of all

this with the increase of crime. But at the end he says, “the

fundamental cause of the increase of crime is the rapid growth of

irreligion, and the weakening of Christian sentiment in church and

school.” [60]

L. FULD.

Before entering upon his special investigation, the author of “Der

Einfluss der Lebensmittelpreise auf die Bewegung der strafbaren

Handlungen” makes the following observation: Everywhere it is noted

that assaults upon morals with acts of violence increase when the price

of provisions falls. Adhering to the opinion of von Oettingen that “as

the consequence of an increase of prosperity, the tendency to crime

shows itself more by crimes against morals than by those against

property”, Fuld also mentions the opinion of Valentini, that “in this

case the people become audacious and commit these crimes more easily.”

Here are other salient facts; that the number of young criminals

increases, and that the city produces more criminals than the country,

although the sexual morality especially is far from ideal in the

country. Finally in speaking of the influence of profession, Fuld

mentions that the increase in the number of criminals which accompanies

a rise in prices is greater for the first offenders than for

recidivists. The following table which he gives to prove this point,

however, plainly fails to do so:

England.

========+===================+===============+==================

Years. | Good Character | Character | Price of Wheat.

| Hitherto. | Unknown. |

--------+-------------------+---------------+------------------

| | | Sh. d.

1858 | 153,576 | 138,388 | 43 11

1859 | 153,369 | 150,084 | 43 8

1860 | 137,574 | 144,485 | 52 9

1864 | 167,038 | 165,808 | 40 2

========+===================+===============+==================

The author explains that the crimes against property are one of the

consequences of the struggle for existence, a fact which accounts in

part for the high figures for criminality in the great cities, where

competition is most intense. The author treats of theft, and begins by

saying that the connection between the price of provisions and theft is

very close.

France.

=========+===========+====================

Years. | Thefts. | Price of Cereals.

---------+-----------+--------------------

| | fr.

1856 | 18,222 | 16.75

1857 | 17,218 | ,,

1858 | 15,537 | ,,

1859 | 14,755 | ,,

1860 | 15,707 | 20.24

=========+===========+====================

During the following years the prices fell. Nevertheless the number of

thefts increased. According to Fuld we can draw the conclusion that the

influence of price is only relative!—This table proves little. For,

while in 1856 criminality attained its highest point, prices were lower

than in 1860; and, while the figures for theft diminished greatly,

prices remained constant.—

England.

=========+=====================================+==================

Years. | Thefts. | Price of Cereals.

+-----------------+-------------------+

| With Violence. | Without Violence. |

---------+-----------------+-------------------+------------------

| | | Sh. d.

1857 | 6471 | 43,397 | 42 10

1858 | 5723 | 45,618 | 43 11

1859 | 4433 | 41,370 | 43 8

1860 | 4065 | 41,151 | 52 9

1861 | 5062 | 40,242 | 55 4

1862 | 5746 | 40,191 | 55 5

1863 | 5433 | 39,801 | 44 9

1864 | 5022 | 39,481 | 40 2

1865 | 5160 | 40,383 | 41 10

1866 | 5088 | 39,731 | 43 10

1867 | 6355 | 46,502 | 49 10

=========+=================+===================+==================

Here there is some agreement between the number of thefts and prices.

But it is not as great as Fuld would make out. For example,

notwithstanding the sudden rise on prices in 1860, criminality

diminished, while the year following there was a still further fall in

the thefts without violence.

Prussia.

=========+==================+================

Years. | Thefts of Wood. | Price of Rye.

---------+------------------+----------------

| | Sgr. Pf.

1862 | 387,000 | 63.10

1863 | 354,276 | 54.3

1864 | 366,667 | 45.6

1865 | 426,336 | 49.11

1866 | 425,551 | 58.5

1867 | 412,165 | 79.0

1868 | 419,158 | 78.8

1869 | 406,662 | 64.7

1870 | 389,746 | 62.3

1871 | 439,288 | 66.0

1872 | 401,280 | 82.0

1873 | 337,112 | 93.0

1874 | 356,859 | 108.0

=========+==================+================

We can indeed find here some agreement between the two columns, but

that is all that can be said.

Then the author says that differences in price are not as great as

formerly, on account of the development of international commerce. He

gives a table of comparative prices from 1870 to 1879 which shows that

five staples show no consistent movement in price. But during the same

period theft was continually on the increase. The number of male

delinquents from 18 to 50 alone varies with prices; the figures for

delinquents between 50 and 60 follow the course of prices but slightly.

Other economic crimes show little conformity.

The final conclusion of Fuld upon crimes against property is: “The

influence of the price of provisions upon these offenses is quite

important.” Although not giving my opinion upon the correctness of this

judgment at this time, I may say that the statistics furnished by Fuld

give almost no proof of it.

The following part treats of crimes against life. It is evident that we

are not concerned with crimes of passion. The only ones that enter into

consideration are those that have an economic object. But since

criminal statistics do not make this distinction, the results of the

author’s investigation can be but small. He is indeed convinced that

the influence of the price of provisions is very perceptible, but he

does not prove it. The same may be said with regard to sexual crimes.

XI.

B. WEISZ. [61]

“The wants that man must satisfy are numerous, but there is none which

makes itself felt so much as hunger. If he cannot satisfy his wants in

a lawful fashion, necessity drives him to other means.”

To prove what he says Dr. Weisz produces the following table:

France.

=======+=====================+================

Years. |Accusations of Crime.| Price of Wheat.

-------+---------------------+----------------

1845 | 5054 | 19.75

1846 | 5077 | 24.05

1847 | 5857 | 29.01

1848 | 4632 | 16.65

1849 | 4910 | 15.37

1850 | 5320 | 14.32

1851 | 5287 | 14.48

1852 | 5340 | 17.23

1853 | 5440 | 22.39

1854 | 5525 | 28.82

1855 | 4798 | 29.32

1856 | 4535 | 30.75

1857 | 4399 | 24.37

1858 | 4302 | 16.75

1859 | 3918 | 16.74

1860 | 3621 | 20.24

1861 | 3842 | 24.55

1862 | 3906 | 23.24

1863 | 3614 | 19.78

1864 | 3447 | 17.58

=======+=====================+================

With but seven exceptions criminality here follows prices. When the

figures for crimes against property are substituted for those for

general criminality in the table, the agreement becomes greater:

=======+=====================+================

1847 | 4537 | 29.01

1848 | 3020 | 16.65

1849 | 2895 | 15.37

1850 | 3174 | 14.32

1851 | 3126 | 14.48

1852 | 3327 | 17.23

1853 | 3519 | 22.39

1854 | 3761 | 28.82

1855 | 3133 | 29.32

1856 | 2766 | 30.75

1857 | 2689 | 24.37

1858 | 2315 | 16.75

1859 | 2019 | 16.74

1861 | 2146 | 24.55

1862 | 2144 | 23.24

1863 | 1941 | 19.78

1864 | 1744 | 17.58

=======+=====================+================

Belgium.

=======+========+============+================

Years. |Price of| General |Offenses against

| Wheat. |Criminality.| Property.

-------+--------+------------+----------------

1841 | 20.02 | 444 | 332

1842 | 22.17 | 468 | 361

1843 | 19.41 | 434 | 346

1844 | 17.75 | 455 | 336

1845 | 20.06 | 387 | 275

1846 | 24.53 | 616 | 498

1847 | 25.20 | 579 | 496

1848 | 17.37 | 529 | 427

1849 | 17.15 | 451 | 338

1850 | 16.15 | 270 | 168

1851 | 16.71 | 247 | 132

1852 | 20.16 | 290 | 140

1853 | 25.13 | 264 | 191

1854 | 31.48 | 336 | 238

1855 | 32.92 | 299 | 212

1856 | 30.73 | 332 | 268

1857 | 22.96 | 309 | 197

1858 | 23.55 | 278 | 167

1859 | 24.00 | 314 | 187

1860 | 31.15 | 254 | 161

=======+========+============+================

It is to be noted here that in the years 1850–1860 the penal law was

changed. The correlation is not constant but appears in many cases. The

years of the crisis, 1846–1847, are especially interesting.

=======+=============

Years. | Infanticide.

-------+-------------

1845 | 5

1846 | 17

1852 | 7

1853 | 13

1854 | 12

1855 | 14

=======+==============

England.

=======+===============+===================

Years. |Price of Wheat.| Number of

| |Criminal Offenders.

-------+---------------+-------------------

1816 | 78.6 | 9,091

1817 | 96.11 | 13,932

1846 | 54.8 | 20,072

1847 | 69.9 | 22,451

1852 | 40.9 | 24,443

1853 | 53.3 | 27,187

1854 | 72.5 | 27,760

1855 | 74.8 | 31,309

1856 | 69.2 | 29,591

1857 | 56.4 | 26,542

1858 | 44.2 | 24,303

=======+===============+===================

—The value of Dr. Weisz’s information would be greater if he had given

us the relation of the figures for criminality to those for

population.—

XII.

W. STARKE. [62]

The first chapter that interests us is Chapter V (“Die Umgestaltung des

Volkslebens, ihre Einwirkung auf die Kriminalität,” etc.) Sec. 3 (“die

Sorge für die nothwendigsten Lebensbedürfnisse und die

Lebensmittelpreise”).

[PLATE I. (STARKE)]

Just as the influence of the price of food makes itself felt in the

number of marriages and births, it is also visible in the figures for

criminality. So, when the temperature of the winter is very low (e.g.

1855, ’56, ’65, and ’71), since men have greater wants than ordinary,

criminality rises. Thefts of wood increase during these years, for

example. But it is in only one part of the year that the cold makes

itself felt, while the high price of food lasts the whole year. Hence

the latter has much more influence on criminality.

[PLATE II. (STARKE)]

In the first of the plates which the author gives (see Plates I–VI),

the effect of the rise in prices is distinctly seen in the period

1849–1855. The fall that follows is also accompanied by a diminution in

the number of crimes. When, at the close of 1858, the price of rye and

potatoes begins to rise again, criminality also increases, though not

so much. We do not see this agreement during the years 1861–1865. While

prices rise in 1866, criminality declines as a consequence of the war

with Austria, and of economic events.

The years 1870–1871, during which prices rose, show a fall in the

figures for crime, a second exception to the rule therefore, since

1866. At the close of 1875 criminality increased greatly, although

prices rose but little, and when, in 1877, prices begin to come down,

the curve for criminality goes on rising. As for the years 1870–1871,

the explanation is to be found in the war, which strengthened the

feeling of solidarity (as in a less degree in 1866). Further, the

development of manufacturing had already begun by the end of the war,

and the war itself withdrew from ordinary life many persons who,

without it, might have committed crime. The author mentions also the

great diminution of crime in France during these years.

We note, however, that the French statisticians (Lafargue, for example)

consider these years as of little importance in the study of

criminality, since the police and the courts were then much less active

than at ordinary times. The same causes may be supposed to have been

active in Prussia also, though in a less degree than in France.

At the close of the middle of this century manufacturing was but

slightly developed in Prussia. But after the war its development

assumed gigantic proportions. Wealth increased, but was not evenly

distributed, as the following table from the income tax returns shows:

============================================+==========+==============

| Persons. | Percentage.

--------------------------------------------+----------+--------------

I. Having an income of 1000 thalers | 139,556| 1.2

II. ,, ,, ,, ,, 400-1000 ,, | 643,628| 5.6

III. ,, ,, ,, ,, 140-400 ,, | 4,207,163| 36.4

Not liable to the income tax | |

IV. (Average income, 120 Th.) | 6,582,066| 56.8

+----------+--------------

Total |11,572,413| 100

Total number of those having an income of 400 thalers or under, 93.2%.

======================================================================

Education (Men and Boys over 10).

==============================+===========+============

Classes. | Persons. | Percentage.

------------------------------+-----------+------------

I. Higher education | 93,000 | 1.023

II. Intermediate education | 193,000 | 2.122

III. Elementary education | 7,885,423 | 86.703

IV. Illiterate | 923,274 | 10.152

+-----------+----------

Total | 9,094,757 | 100.00

==============================+===========+============

There were 96% of the population, then, with no education or only an

elementary one.

Little by little manufacturing so forged ahead of agriculture that the

necessary food was no longer produced in the country. From this time

dates the importation of large quantities of grain.

The year 1873 saw the beginning of the terrible reaction that made

itself felt in all strata of the population. The number of marriages

diminished as well as the number of births, and criminality increased.

(See Plate I.)

At first the curves for theft and criminality in general run parallel

in their rising and falling. But with 1854 they begin to diverge, and

this divergence is especially plain from 1871 on. Consequently

something else must have had an influence upon criminality. And this

other thing, according to Starke, is the modification of the political

position of the people. According to him the participation of the mass

of the people in politics, made possible by the right of suffrage, has

been one of the causes of the increase of the number of crimes against

the authority of the state, as the socialistic movement has been a

second cause. [63]

[PLATE III. (STARKE)]

—Without doubt the participation of all classes in the political life

will lead to crimes, especially when in the strife of classes the

propertied class makes use of violent means. The assertion that the

socialistic movement causes many crimes has only a semblance of truth.

It is rather because of the manner in which the socialists are treated,

than because of their doctrine that they are driven to acts of

violence. For the socialists wish to attain their end by pacific and

legal, political and economic means, and it is only when they are

opposed by force that they are incited to the use of violent means.—

[PLATE IV. (STARKE)]

Starke finally draws the following conclusion as to the causes in the

movement in criminality: “Hardly ever in the short space of a

generation have so many mighty factors of different kinds influenced

the life of our people, as in the years from 1848 to 1878; a complete

metamorphosis of the courts and the police; so extraordinary an

increase in the numbers and density of the population that the soil

could no longer produce enough to feed such numbers; connected with

this a great development of manufacturing with repeated crises, brought

on by the high price of the necessaries of life, and by epidemics; the

development of intercourse and commerce world-wide in extent; bloody

wars, which, through the system of universal military service, disturb

the whole population of every class; a politico-economic crisis so

severe that there has been none like it hitherto; and in addition to

and at the same time with all these factors, the entrance of the people

into the exercise of political rights; and finally, dependent upon

these, a deep-seated socialistic agitation.

“All these factors have their part in the moulding of the life of the

people in good as well as bad directions and accordingly influence the

movement of criminality. In the first rank stand the effects upon the

physical life of the lack of warmth and nourishment. The great

significance of the coldness of the winter upon the increase and

decrease of the theft of wood has been noted. Much greater is the

effect of the anxiety about daily bread, which finds expression in the

movement of the price of provisions.... Parallel with the curve of

food-prices runs that of thefts and the movement of the latter is again

impressed upon the curve of crimes and misdemeanors in general.” [64]

Let us consider now some of the important kinds of crime.

OFFENSES AND CONTRAVENTIONS AGAINST PROPERTY.

“It is egoism which chiefly governs man, shows itself positively in the

desire to acquire as much as possible, and negatively in the desire to

lose as little as possible, and which reduces activity to

insatiability, and economy to avarice.” [65] Now, cupidity leads to

most of the crimes against property, while hatred, vengeance, etc.

drive men to malicious mischief.

Examining now Plates II and III, the influence of the years of high

prices (1856 and 1867), of the years of war (1866 and 1870–1871), and

of the years of crisis shows itself very plainly. It is to be noted

that the curve of crimes of “malicious mischief” takes a course totally

different from that of crimes against property committed from other

motives. Plate III shows the great influence of economic events upon

fraudulent bankruptcies (1857 and 1873 having been years of crisis).

OFFENSES AGAINST PERSONS.

We see that the curves of these crimes shown upon Plates IV and V have

a course quite different from that of the curves of the crimes against

property. It is only in 1870 that both fall together. Starke deduces

the rule, confirmed by many statisticians, that an improvement in

economic conditions is accompanied by an increase in assaults, etc.,

and vice versa. The facts confirm this rule during the first part of

the period that Starke has studied, but not later. (Compare Plates I

and IV.)

In studying the curve of infanticide we note that it reaches the

highest point in the bad years, 1857, 1863, 1866, 1867 (Eastern

Prussia), and 1868. In 1857 the first commercial crisis took place, and

in 1864 and 1866 the cholera raged and war was declared; a number of

fathers of illegitimate children died, leaving the mothers unable to

support the children.

A comparison between the curve of crimes of arson, with those of the

crimes against property in Plate III, committed with the same end,

shows a great resemblance; the increase in this crime also shows itself

in bad years.

XIII.

RETTICH. [66]

The part of this author’s work dealing with crimes and misdemeanors

against property contains some observations which are of importance for

our subject.

[PLATE V. (STARKE)]

I cannot show the views of the author better than by quoting the

following: “That the number of offenses against property must be

related to the prevailing economic conditions, seems to need no proof.

For the man who lives in the possession of abundance, the motive for

appropriating the property of others is lacking, even though the

inclination to commit all possible crimes slumbers within him. It is a

favorite expression of the Social-democrats, that the abolition of

private property would cause all crimes against property to disappear.

They forget, while maintaining this, the probability that just as

earlier private individuals were robbed, so under the new order the

state would be, by people of the same kind—those who today, without

living in want, still are not content with their lawful gains, and

reach out after unlawful ones. The apostles of state-ownership, in

order to make their contention credible, must at least offer proof that

the offenses against property which are now punished, are entirely due

to hunger and need on the part of those convicted. They cannot however,

offer such proof. This is not because the government statistics ...

give no data with regard to the economic condition of the convicts, but

because, as a matter of fact, the worst offenses against property are

not committed by the hungry. The merchant who goes into a fraudulent

bankruptcy, the banker who embezzles deposits, the worldling who forges

drafts, have all taken the step into crime from a life, if not of

abundance, at least of a competence. People of this kind will not

disappear from the socialistic state. In their case the lack is not in

the social system, but in their individual make-up.” [67]

[PLATE VI. (STARKE)]

—We have given this quotation simply to furnish a typical example of

the incorrect way in which many authors represent the socialistic

opinion with regard to the genesis of crime. What nonsense, to assert

that according to the theory of socialism all crimes against property

find their causes in hunger and misery! See the second part of this

work, where the reader will find that socialists hold an entirely

different opinion, and that they have facts to prove the truth of their

theories.—

With regard to the relation between the movement of the price of

certain important cereals and a great part of the crime against

property, the author gives the following table:

========+=========================================+================

| Average Price Per 200 Kilogr. in Marks. | Arrests for

Years. |-------------+--------------+------------+ Theft to

| Wheat. | Grain. | Rye. | 10,000 Persons.

--------+-------------+--------------+------------+----------------

1882 | 22.57 | 23.63 | 18.81 | 26.0

1883 | 19.04 | 19.29 | 16.30 | 25.2

1884 | 18.44 | 18.75 | 17.17 | 22.7

1885 | 17.92 | 18.11 | 16.17 | 21.5

1886 | 17.68 | 17.94 | 14.69 | 20.7

1887 | 18.88 | 18.95 | 15.26 | 20.5

1888 | 20.23 | 20.64 | 16.19 | 20.3

1889 | 20.03 | 20.52 | 16.50 | 21.4

1890 | 21.43 | 21.71 | 17.97 | 21.2

1891 | 22.48 | 22.92 | 19.26 | 19.3

========+=============+==============+============+================

There is at first a certain correlation between the figures in the

different columns, but there is none in the later years. It is very

probable that the diminution in crimes against property is due, during

these years, to a combination of favorable economic circumstances at

that time.

XIV.

A. MEYER.

The second section of the second chapter of the work, “Die Verbrechen

in ihrem Zusammenhang mit dem wirtschaftlichen und sozialen

Verhältnissen im Kanton Zürich”, [68] treats of the influence of the

price of provisions and crop-returns (see Plate I).

The author first calls attention to the years 1853–1861. We see that

the curves of the price of cereals and of offenses against property are

then quite closely parallel. However, the curve of the price of cereals

was lowest in 1858, and that of offenses in 1859. It is a well-known

fact that economic phenomena make their influence upon criminality felt

only after some time. Further, it is only by the following year that a

part of the offenses are counted in the criminal statistics. Crimes

against persons increase when prices fall, and vice versa. The less the

price of food is influenced by bad industrial conditions, the more its

influence upon criminality will strike the eye.

The section following is entitled: “Schuldbetreibungs- und

Konkurs-statistik als Ausdruck der wirtschaftlichen Lage der

Bevölkerung und Kriminalität.” When we examine Plate II for the period

1832–1852, we see that the curves of bankruptcy and of offenses against

property are parallel. From Plate III (1852–1892) we note that offenses

against property are influenced by failures as well as by the price of

grain. At times the two forces act in the same direction and reënforce

one another, and at times their direction is opposite, and they more or

less neutralize each other. It must be remarked that in 1867 an

epidemic of cholera raged in the canton, and that the relief fund which

was then given out kept the figure for criminality below what the

economic situation would have produced.

[PLATE I (MEYER)]

Dr. Meyer’s conclusion from what has been said is this: “The result of

the researches proves that in the course of years the number of crimes

against property is strictly bound up with material conditions; the

greater the difficulty of getting a living, the more numerous the

crimes against property. The statistics of crimes against property show

at the same time the degrees of the prosperity of the country, as the

statistics of failures, for example, prove.” [69]

[PLATE II (MEYER)]

Plate IV gives a comparison of crimes against persons with economic

conditions, and shows that these crimes increase when economic

conditions improve, and that vintages more or less abundant are not

without importance.

On page 44, the author commences his examination of the criminality in

the different districts of the canton of Zürich, investigating its

distribution, both as to where the crimes are committed, and where the

criminals come from.

According to the first distribution the districts of Zürich, of

Dielsdorf, and of Horgen have the highest figures; those of Hinweill,

of Meilen, and of Pfäffikon the lowest. According to the second

distribution it is again the districts of Dielsdorf and of Horgen that

have the highest figures, while Hinweill, Meilen, and Pfäffikon take

the last place here also. Zürich and Winterthür, which in the first

distribution held the first place, in the second have the eighth and

tenth. We see from this that, however great the number of crimes the

last two districts produce, the authors of the crimes are outsiders.

Dr. Meyer then compares the districts of Hinweill and Pfäffikon, which

have the lowest figures, with the districts of Horgen and Dielsdorf,

which have the highest. He concludes that the two former districts are

the poorest, and the two latter the most well-to-do, a conclusion which

he bases upon different facts, among others upon the appropriations

which the public charities of the different districts receive from the

state. And according to him it follows that in this case the connection

between criminality and economic conditions is not direct.

The author then explains the indirect connection as follows: “In

Hinweill as in Pfäffikon, there exists a general impoverishment, caused

by the unfavorable state of the soil and of the population, heavy

mortgages, bad cultivation by the small farmers, the diminution of

industry, the lack of education, etc,—an impoverishment that threatens

the ruin of entire communities.” [70] Then, an increase of crime is not

to be feared in countries where poverty strikes the whole population,

for the thief has nothing to steal. Since in the well-to-do districts

the differences of possessions are more marked, the opportunity for

wrong-doing is greater, and it is this which makes criminality greater

also.

The conclusion of Dr. Meyer upon what has gone before is this:

“Criminality is an historical product, and economic conditions are only

one, though a significant, factor. Under like economic conditions ...

the number of crimes against property need not necessarily be like. It

depends upon how the population has accommodated itself to the economic

situation, whether it makes higher or lower demands upon life, what

views it holds as to the end of human existence, etc.” [71]

As to the occupations of those convicted the data of Dr. Meyer are

incomplete. The conclusion drawn from them is that the agricultural

population is less criminal than the industrial proletariat. Here is

the reason, according to Dr. Meyer: “An explanation of this phenomena

that agrees fully with our investigations has already been given by von

Valentini when he says: ‘Small holdings make direct and exhausting

demands upon the labor of the whole family, while, on the other hand,

they provide sufficiently for the immediate and indispensable needs of

the household, so that idleness as well as anxiety about sustenance are

generally both excluded from such a family.’” [72]

“It is otherwise in manufacturing. The greater independence of the

industrial worker, his receiving his wages in money exclusively, the

dependence of industry upon the conjunctures of the market, give

instead of the stability of existence, enjoyed by agriculture, a life

fluctuating and insecure. Abundance as well as want visits industrial

workers, and each of the two begets in him a corresponding kind of

crime.” [73]

—The expression “abundance” as describing the state in which the

proletariat live, is a strange one. A man who is not indigent and has a

few sous does not on that account live in abundance. The author adds a

quotation from Garofalo to point out how the proletariat spend a great

part of their “abundance” in the wine-shops. The reader is, however,

referred to Part II of this work, where I have pointed out the social

and economic causes of alcoholism.—

Dr. Meyer concludes his work by saying that he does not believe that an

improvement of economic conditions will inevitably lead to an increase

of crimes against persons, but that the causes of them are rather to be

found in frivolity, grossness, and dissipation consequent upon an

improvement of conditions.

[PLATE III. (MEYER)]

But—youth does not possess wisdom! It is only by advancing in age that

rash, rough youth becomes wise and gentle. Now, in the same way society

will lose, one by one, the faults of its youth!

[PLATE IV. (MEYER)]

XV.

M. TUGAN-BARANOWSKY.

“Die sozialen Wirkungen der Handelskrisen in England”, [74] by this

author, aims to prove that the commercial crises in England in the

years 1823–1850 had a much more violent character than those of the

years 1871–1896, which occurred less suddenly, and made themselves felt

for a long time afterwards. Since criminality is one of the social

phenomena pointed out as caused by these crises, it is worth while

giving a résumé of the work in question.

Dr. Tugan-Baranowsky has examined the influence that commercial crises

have exercised, first, upon the agricultural counties, Cambridge,

Essex, Norfolk, Oxford, Lincoln, Suffolk and Wilts (Diagrams 1 and 4);

second, upon the industrial counties of Lancaster and Chester (Diagrams

2 and 5); third, upon all England (Diagrams 3 and 6).

Let us study the first three diagrams. The first shows that the

commercial crisis of 1825 had a very slight effect upon criminality. It

was the high price of grain in 1829 that made crime increase. The same

effect was produced by the famous law of 1834 (by which not only was

the aid given to poor working people very much limited, but which

prescribed the placing in work-houses of those who were without means

of support) and by the crisis of 1836. In 1844–1845, years of good

harvests, criminality declined, after which the bad crops of 1847

brought about a contrary effect.

We note from Diagrams 2 and 3 that the effect of commercial crises was

much greater in the manufacturing than in the agricultural counties

(more plainly seen in 2 than in 3). The crisis of 1825 made the curve

of criminality rise considerably; the favorable years 1833–1836 made it

descend from 1834 on; while the crisis of 1836 caused a considerable

increase in the number of crimes in 1837. The bad years 1840–1843

caused a formidable increase in the criminal population, which must

also be attributed, at least in part, to the Chartist movement. The

favorable period that followed had the contrary effect. It is

interesting to compare the curves (in Diagram 3) of exports and crime,

which cross continually.

Let us consider now the last three diagrams. Dr. Tugan-Baranowsky

attributes the descent of the curve of criminality in Diagram 4 to the

improved condition of the agricultural population. Further, the number

of crimes was greatly diminished by the alteration in the criminal

procedure in 1879, and it goes without saying that this influence must

also be taken into account in studying the last two diagrams. By

Diagrams 5 and 6 we see that the influence of criminality is much less

marked. Thus, for example, the diminution of criminality was not

prevented by the crisis at the beginning of the period 1890–1896.

The final conclusion of Dr. Tugan-Baranowsky is this: “The first three

diagrams give a picture of the life of the English people in the second

quarter of this century [the nineteenth]. We see abrupt periodical

changes of important phenomena in the life of the people, which are

plainly connected with the changes in the industrial situation.

Especially sudden are the variations in the life of the industrial

population. Each crisis has a devastating effect upon the ranks of the

working-classes, the workhouses are swamped with the unemployed, the

prisons fill up as well, mortality mounts enormously, the mass of

people out of work readily take up with any political agitation, and

the years of crisis are likewise years of revolutionary movements.

“At the same time the manufacturing and commerce of the country

increase rapidly. The enormous growth of exportation in England, the

curve of which mounts continually, is in sharp contrast with the

deterioration of the living-conditions of the working-class.

“The last three diagrams show us an entirely different picture. English

exports no longer increase. In place of a steady rise of the curve with

a sharp depression in the critical years, there are regular, wave-like

variations in the same plane. The industrial development of the country

proceeds at a slackening pace.

“And at the same time in the life of the people there are signs to be

noticed of increasing well-being. Mortality, criminality, and pauperism

fall quickly. Crises no longer have their former influence upon the

condition of the people. Even in manufacturing districts business

stagnation no longer has its former disastrous effect upon the

working-class; crime and the death-rate no longer increase, and even

the increase in the number of paupers is hardly noticeable. Organized

labor supports even the unemployed. Wages are only a little lower in

years of industrial depression than they are in a time of prosperity!”

[DIAGRAM No. 1. (TUGAN-BARANOWSKY)]

[DIAGRAM No. 2. (TUGAN-BARANOWSKY)]

[DIAGRAM No. 3. (TUGAN-BARANOWSKY)]

[DIAGRAM No. 4. (TUGAN-BARANOWSKY)]

[DIAGRAM No. 5. (TUGAN-BARANOWSKY)]

[DIAGRAM No. 6. (TUGAN-BARANOWSKY)]

XVI.

E. TARNOWSKY. [75]

At the end of his study the author gives the following table, which

contains some data upon the relation between the price of grain and

abundance of the crops, on the one hand, and criminality on the other.

The figures in the second column have to do with the different kinds of

theft. The law of May 18th, 1882, having considerably modified the

penal code, the figures for the years 1882 and 1883 cannot be compared

with those of preceding years. This is why they have been suppressed.

================+================+==============+===================

| New Cases to | Price of a | Ratio of Cereal

Years. | 100,000 of the | “Pud” of Rye | Crop to Average of

| Population. | in Kopecks. | 25 Years (= 100).

----------------+----------------+--------------+-------------------

1874 | 76 | 75 | 105

1875 | 77 | 73 | 90

1876 | 78 | 76 | 95

1877 | 86 | 80 | 103

1878 | 95 | 76 | 106

1879 | 90 | 86 | 93

1880 | 104 | 99 | 87

1881 | 103 | 129 | 105

average 1874-81 | 89 | 87 | --

1884 | 45 | 90 | 108

1885 | 46 | 77 | 90

1886 | 44 | 74 | 100

1887 | 45 | 67 | 114

1888 | 43 | 65 | 108

1889 | 43 | 70 | 83

1890 | 46 | 68 | 97

1891 | 52 | 129 | 73

1892 | 52 | 89 | 87

1893 | 50 | 61 | 104

1894 | 50 | 50 | 121

average 1884-94 | 47 | 76 | --

================+================+==============+===================

According to the author it may be doubted whether the years of poor

harvests could cause an increase in the number of thefts in Russia. For

the agricultural population is benefited by the high price of grain.

However, it is proved by the figures given above that these years have

an unfavorable effect upon criminality, which can be understood if we

take into account the fact that most of the Russian peasants only raise

grain for their own consumption, and that bad crops accordingly affect

them seriously.

XVII.

H. MÜLLER.

In the introduction to his work, “Untersuchungen über die Bewegung der

Criminalität in ihrem Zusammenhang mit dem wirtschaftlichen

Verhältnissen”, Dr. Müller describes the result of his researches as

follows: “In the course of our discussion it will appear that with time

the state of industry, the greater or less chance to get work, the

activity or depression of the general economic life, have gradually

become of far more significance for the increase or decrease of crime,

than a rise or fall in the price of provisions, and that at present

these factors have reduced the economic meaning of the price of

provisions to a minimum.” [76]

The period examined (1854–1895) is divided into two parts, because the

criminal statistics of the empire, which are to be had from 1882 on,

give the number of crimes and criminals, while the Prussian statistics

give the number of new cases brought before the examining magistrate.

The figures for these years are as follows:

Prussia, 1854–1878. New Cases to 100,000 of the Population.

======+=================+================+==================

| | |Against the State,

Years.|Against Property.|Against Persons.|Public Order, and

| | | Religion.

------+-----------------+----------------+------------------

1854 | 416 | 78 | --

1855 | 436 | 78 | 41

1856 | 472 | 81 | 47

1857 | 324 | 95 | 55

1858 | 288 | 103 | 54

1859 | 295 | 103 | 51

1860 | 310 | 102 | 56

1861 | 314 | 93 | 52

1862 | 313 | 105 | 54

1863 | 288 | 111 | 53

1864 | 290 | 115 | 56

1865 | 325 | 121 | 58

1866 | 314 | 109 | 55

1867 | 360 | 112 | 51

1868 | 392 | 117 | 52

1869 | 338 | 126 | 53

1870 | 296 | 99 | 46

1871 | 254 | 75 | 41

1872 | 281 | 94 | 56

1873 | 266 | 106 | 64

1874 | 295 | 125 | 81

1875 | 284 | 135 | 84

1876 | 315 | 142 | 89

1877 | 341 | 160 | 87

1878 | 370 | 164 | 103

======+=================+================+===================

Prussia, 1882–1895. Persons Convicted to 100,000 Inhabitants

over 12 Years.

========+=================+================+==================

| | |Against the State,

Years. |Against Property.|Against Persons.|Public Order, and

| | | Religion.

--------+-----------------+----------------+------------------

1882 | 545 | 328 | 180

1883 | 520 | 343 | 174

1884 | 527 | 382 | 188

1885 | 492 | 385 | 185

1886 | 488 | 402 | 196

1887 | 475 | 421 | 203

1888 | 466 | 404 | 200

1889 | 503 | 423 | 197

1890 | 496 | 449 | 199

1891 | 520 | 443 | 190

1892 | 575 | 458 | 199

1882-91 | 510 | 404 | 194

1894 | 528 | 527 | 219

========+=================+================+==================

Now, the causes that make crime increase when there is an economic

depression are, according to the author, the following: “The instinct

of self-preservation, which in its harmonious development is the motive

for the lawful and moral struggle of men for existence, and in more

restricted form is the principal ground for industrial activity, in its

degeneration ... demands a certain, often high, percentage of victims,

who fall into crime, especially theft, fraud, embezzlement, and other

offenses against property. And experience shows that the greater the

care to maintain existence, or often simply to procure daily bread, the

greater is the number of offenses against property. When need appears,

at the same time comes the instinct impelling a man to seize the

property of another, better situated than himself. Infractions of

property are in part to be ascribed to other motives. There is nothing

to show, however, that these motives (greed and covetousness, for

example) are stronger in one year and weaker in another throughout a

whole people. We must rather ascribe to them a certain uniformity in

their influence upon criminal activity. The determining factor in the

increase and decrease of crimes remains the general well-being of a

people, in earlier times the price of the necessities of life, at the

present the opportunity for employment.” [77]

Let us study in the first place crimes and misdemeanors against

property:

I. Offenses, against Property.

Prussia, 1854–1878. New Cases to 100,000 of the Population.

=======+========+===============+============+=============+==========+==========+===========

-------+--------+---------------+------------+-------------+----------+----------+-----------

1854 | 334 | 28 | 1.0 | 40 | 17 | 5.4 | 10

1855 | 354 | 29 | 1.1 | 34 | 16 | 5.7 | 8

1856 | 386 | 31 | 1.1 | 43 | 17 | 6.0 | 8

1857 | 246 | 23 | 1.0 | 38 | 15 | 7.0 | 10

1858 | 213 | 22 | 0.8 | 30 | 12 | 7.3 | 11

1859 | 219 | 22 | 0.8 | 25 | 12 | 7.5 | 12

1860 | 229 | 24 | 0.8 | 30 | 13 | 7.7 | 12

1861 | 232 | 24 | 0.8 | 26 | 13 | 8.1 | 12

1862 | 229 | 24 | 0.9 | 25 | 13 | 8.2 | 14

1863 | 206 | 23 | 0.8 | 21 | 14 | 7.5 | 15

1864 | 206 | 24 | 1.0 | 25 | 13 | 7.4 | 17

1865 | 227 | 24 | 0.8 | 25 | 14 | 7.6 | 17

1866 | 222 | 23 | 0.8 | 24 | 14 | 7.2 | 17

1867 | 265 | 25 | 0.9 | 32 | 15 | 8.1 | 17

1868 | 293 | 27 | 1.2 | 36 | 16 | 8.0 | 17

1869 | 241 | 25 | 1.0 | 30 | 15 | 7.1 | 18

1870 | 211 | 22 | 0.9 | 27 | 14 | 6.4 | 17

1871 | 190 | 18 | 0.8 | 33 | 10 | 3.2 | 14

1872 | 209 | 20 | 1.4 | 46 | 11 | 3.4 | 17

1873 | 196 | 19 | 1.4 | 46 | 11 | 3.5 | 18

1874 | 216 | 22 | 1.7 | 50 | 13 | 3.7 | 19

1875 | 209 | 23 | 1.7 | 49 | 13 | 4.2 | 19

1876 | 223 | 25 | 1.9 | 50 | 16 | 4.9 | 21

1877 | 238 | 28 | 2.4 | 51 | 18 | 5.5 | 22

1878 | 257 | 30 | 2.4 | 55 | 20 | 5.6 | 24

=======+========+===============+============+=============+==========+==========+===========

Prussia, 1882–1896. Persons Convicted to 100,000 Inhabitants over 12 Years.

=======+========+===============+============+=============+==========+==========+===========

-------+--------+---------------+------------+-------------+----------+----------+-----------

1882 | 337 | 44 | 1.5 | 30 | 29 | 8.0 | 38

1883 | 323 | 42 | 1.4 | 27 | 29 | 7.7 | 37

1884 | 322 | 44 | 1.7 | 27 | 31 | 8.4 | 41

1885 | 289 | 44 | 1.4 | 25 | 30 | 8.0 | 41

1886 | 282 | 43 | 1.5 | 24 | 32 | 8.3 | 41

1887 | 267 | 42 | 1.4 | 24 | 35 | 8.6 | 43

1888 | 262 | 43 | 1.2 | 23 | 36 | 8.6 | 38

1889 | 289 | 46 | 1.4 | 25 | 41 | 10.0 | 40

1890 | 278 | 46 | 1.5 | 25 | 41 | 10.0 | 42

1891 | 292 | 47 | 1.6 | 25 | 44 | 10.9 | 41

1892 | 329 | 52 | 1.6 | 30 | 48 | 11.7 | 42

1893 | 298 | 45 | 1.5 | 26 | 36 | 9.0 | 41

1894 | 276 | 51 | 1.4 | 25 | 51 | 12.9 | 47

1895 | 271 | 53 | -- | 24 | 52 | 13.2 | --

1896 | 259 | 50 | -- | 22 | 50 | 12.8 | --

=======+========+===============+============+=============+==========+==========+===========

The following table gives the prices of certain important foods (per 50

Kilogr.):

=========+===========+===========+==========

Years. | Wheat. | Rye. | Potatoes.

---------+-----------+-----------+----------

1848 | 7.49 | 4.82 | 1.84

1849 | 7.29 | 3.87 | 1.45

1850 | 6.91 | 4.55 | 1.55

1851 | 7.47 | 6.26 | 2.08

1852 | 8.59 | 7.72 | 2.48

1853 | 10.25 | 8.50 | 2.47

1854 | 12.90 | 10.40 | 3.17

1855 | 14.21 | 11.45 | 3.37

1856 | 13.51 | 10.64 | 3.13

1857 | 10.18 | 6.87 | 2.18

1858 | 9.08 | 6.38 | 1.91

1859 | 8.93 | 6.79 | 1.98

1860 | 10.48 | 7.65 | 2.41

1861 | 11.04 | 7.71 | 2.79

1862 | 10.68 | 7.79 | 2.47

1863 | 9.18 | 6.78 | 2.04

1864 | 7.95 | 5.69 | 2.10

1865 | 8.13 | 6.24 | 2.03

1866 | 9.80 | 7.30 | 2.05

1867 | 12.89 | 9.87 | 2.95

1868 | 12.48 | 9.84 | 2.62

1869 | 9.70 | 8.08 | 2.16

1870 | 10.14 | 7.78 | 2.58

1871 | 11.70 | 8.60 | 3.05

1872 | 12.10 | 8.40 | 2.95

1873 | 13.20 | 9.60 | 3.00

1874 | 12.00 | 9.90 | 3.35

1875 | 9.80 | 8.60 | 2.75

1876 | 10.50 | 8.70 | 2.82

1877 | 11.50 | 8.85 | 3.18

1878 | 10.10 | 7.15 | 2.82

1879 | 9.80 | 7.20 | 3.08

1880 | 10.95 | 9.65 | 3.25

1881 | 11.00 | 10.10 | 2.85

=========+===========+===========+==========

A comparison of these figures with those of crime will show that the

crimes against property increase in the years of high prices up to

1855. In 1857 prices fell and crime decreased.

In the figures for foreign countries we see this relation much less

clearly. Dr. Weisz has indeed succeeded in establishing a similar

relation in France, but in Belgium it is much slighter. In England it

is not possible to show that there is any parallelism between the

curves of criminality and of the price of grain. In the years 1831–1840

and 1841–1850 the curve of crime even goes down, while provisions were

then very dear. There must therefore be some other cause, and this is

probably that England had a great industrial development long before

any other country.

After an extremely rapid development up to 1847, manufacturing had to

pass through a formidable crisis. While the average annual number of

persons convicted in England and Wales was 20,455, and this figure fell

to 18,100 and 17,400 in the prosperous years, 1845–1846, it rose during

the years of crisis, 1847–1848, to 21,500 and 22,900, falling again to

21,000 in 1849, when business had resumed its normal course.

In the years following, industry received an enormous impetus, in

consequence of the discovery of gold in California, the repeal of the

Corn Laws, and many other causes. In 1857 came the panic, which

affected all industrial countries, especially England. In 1856–1860

there was an annual average of 13,565 convictions; in 1857 it was

15,307, an increase of 12%. That the consequences of this crisis are

not to be observed in the figures for crime in Prussia, is to be

attributed to the fact that in that country manufacturing was little

developed.

After the very dear years 1852–1856 the price of grain remained fairly

constant in Prussia. It was only in 1860–1862 that it rose a little and

caused an increase in the cases of fraud and theft. 1867–1868 were

years which were marked by an extraordinarily high price for grain,

which had some influence upon crime, without equalling that of such

years as 1852–1856.

Crime decreased in the years of war, 1866 and 1870–1871, due as Dr.

Müller thinks, to two facts; first, that a great part of the population

capable of committing crimes were then out of the country; and second,

that the feeling of solidarity is stronger in time of war.

Notwithstanding the rise in the price of grain in 1871–1874, crime

decreased greatly after the war of 1870. A modification of the penal

law could not be the cause of it; its origin was deeper. Since 1871

Germany has seen its industries develop prodigiously. The period of

prosperity was of short duration, for in the summer of 1873 came the

crisis, which lasted till 1878. Now it is during these years that the

crimes against property were much increased.

When we study this period in other countries, in Austria and England,

for example, we see a great industrial development, accompanied by a

decrease in crime. The average number of criminals in Austria for the

years 1860–1870 was 32,800, and 26,900 for the years 1871–1875. In

England the figures for the same period were 14,100 and 11,200

respectively. France alone was an exception, for in this country

manufacturing did not begin to develop immediately after the war. [78]

But in Austria and England the effects of the crisis upon crime were

felt just as in Prussia. In Austria, for example, criminality increased

10%. From 1878 on, business improved in Prussia and in other countries

also, and little by little the number of crimes against property

decreased (between 1885 and 1890 7% in France, 9% in Austria, and 20%

in England).

In 1889 there was another great disturbance in the economic field,

which was prolonged till 1892. During these years there was a new

increase of crime; in Austria, for example, the average number of

convictions was 29,483 in 1890–1894, as against 28,834 for the five

years preceding. In England we see the same phenomenon, and in Prussia

as well.

Dr. Müller calls attention to the marked fall in the price of grain in

1892, and sees in it a proof that prices have no longer any great

influence. Since 1892 there has been a new period of prosperity, and at

the same time a constant diminution of crimes against property.

Dr. Müller reminds us that preceding moralistic statisticians have

brought out the fact that crimes against persons increase when the

price of grain falls, and vice versa, as is distinctly seen in the

tables for the years 1854–1860. But there is a change during the ten

years following. In 1867–1868 the price of grain was high, but crimes

against persons and the public order rose also. Crimes against persons

decreased in the years of war, 1866 and 1870, just as crimes against

property did. Since 1871 crimes against persons have in general

diminished, principally because of favorable economic conditions. (The

diminution of crimes against morals is chiefly due to a modification of

the law, which prescribed that a case could not be prosecuted except

upon complaint. The increase after 1876 was caused by a revocation of

this requirement.) The crimes in question increased anew considerably

after the crisis of 1874. Here is an important exception, then, to the

rule that the earlier statisticians laid down, namely that crimes

against persons decrease when economic conditions grow worse.

II. Crimes against Persons.

a. 1854–1878. New Cases to 100,000 Inhabitants.

=======+==========+=========+===========+==========+===========+==========

-------+----------+---------+-----------+----------+-----------+----------

1854 | 8.7 | 32 | 1.1 | 34 | 6.7 | 0.9

1855 | 10.2 | 32 | 0.9 | 32 | 4.5 | 0.7

1856 | 10.8 | 34 | 0.9 | 37 | 3.0 | 0.8

1857 | 12.6 | 36 | 0.9 | 42 | 1.8 | 1.0

1858 | 12.5 | 40 | 0.8 | 46 | 1.8 | 1.1

1859 | 13.1 | 39 | 0.8 | 47 | 1.8 | 1.0

1860 | 12.4 | 40 | 0.9 | 46 | 1.5 | 0.8

1861 | 11.6 | 33 | 0.7 | 44 | 1.7 | 1.0

1862 | 12.9 | 39 | 0.8 | 49 | 1.4 | 1.4

1863 | 14.2 | 40 | 0.7 | 53 | 1.6 | 1.2

1864 | 14.0 | 43 | 0.9 | 54 | 1.6 | 1.4

1865 | 14.9 | 44 | 0.8 | 58 | 1.7 | 1.3

1866 | 13.4 | 40 | 0.8 | 50 | 1.5 | 1.3

1867 | 14.0 | 44 | 0.9 | 50 | 1.6 | 1.0

1868 | 14.8 | 47 | 0.9 | 52 | 2.8 | 1.0

1869 | 14.9 | 45 | 1.0 | 58 | 2.8 | 1.3

1870 | 12.3 | 39 | 0.8 | 49 | 1.9 | 1.1

1871 | 5.3 | 26 | 0.7 | 39 | 1.2 | 1.2

1872 | 6.2 | 34 | 0.8 | 50 | 2.0 | 1.8

1873 | 6.7 | 38 | 0.9 | 56 | 2.4 | 2.8

1874 | 7.8 | 47 | 1.1 | 64 | 3.0 | 3.3

1875 | 8.2 | 50 | 1.2 | 65 | 2.9 | 3.6

1876 | 9.3 | 51 | 1.2 | 73 | 5.5 | 4.1

1877 | 11.1 | 54 | 1.3 | 86 | 5.0 | 4.7

1878 | 12.3 | 54 | 1.4 | 89 | 2.5 | 5.5

=======+==========+=========+===========+==========+===========+==========

b. 1882–1895. Persons Convicted to 100,000 Inhabitants over 12 Years.

========+==========+=========+===========+==========+===========+==========

--------+----------+---------+-----------+----------+-----------+----------

1882 | 7.8 | 117 | 1.0 | 60 | 111 | 10

1883 | 7.6 | 119 | 1.0 | 63 | 121 | 11

1884 | 7.6 | 127 | 0.8 | 68 | 142 | 15

1885 | 7.6 | 119 | 0.9 | 65 | 151 | 17

1886 | 8.9 | 124 | 0.8 | 68 | 153 | 19

1887 | 8.8 | 133 | 0.8 | 68 | 163 | 19

1888 | 9.1 | 130 | 0.6 | 64 | 156 | 18

1889 | 8.4 | 131 | 0.6 | 68 | 166 | 21

1890 | 8.8 | 138 | 0.6 | 74 | 175 | 23

1891 | 8.5 | 133 | 0.6 | 74 | 173 | 24

1892 | 9.0 | 137 | 0.9 | 76 | 177 | 26

1882-91 | 8.3 | 129 | 0.8 | 68 | 153 | 18

1894 | 10.5 | 156 | 0.7 | 87 | 208 | 29

1895 | 10.9 | 161 | 0.7 | -- | 220 | --

1896 | 11.1 | 158 | 0.6 | -- | 220 | --

========+==========+=========+===========+==========+===========+==========

“The great economic crisis beginning in 1873 was accompanied by the

characteristic phenomenon that dissatisfaction with the existing

economic, social, and political conditions affected wider circles than

heretofore, that this embittered people’s minds, and brought about

sharp oppositions and struggles of the industrial classes against each

other, especially the struggle of labor against capital. The need of an

economic reform was more and more felt, which is to be attained, in the

opinion of the powerful, by force, and in that of the thoughtful, by

social legislation. All public life since the seventies has been

dominated by this idea.” [79]

Here also economic conditions are causes of crime, and show themselves

principally in resistance to officials, etc. The tables show also an

increase in the cases of perjury, bodily injuries, and other crimes

that are the consequences of grossness. The increase is due, according

to Dr. Müller, to bad economic conditions. For as a consequence of

these the number of civil cases rose from 60,000 (the average for

1871–1873) to 120,000 and 135,000 (1876–1877) and it is by these cases

that perjury becomes possible. It is necessary to attribute to the same

causes the great increase in the number of cases of crimes against

personal liberty (also, since 1876, to the abolition of the requirement

of a complaint for prosecution).

III. Crimes against the Public Order.

a. 1854–1878. New Cases.

========+============+===============+==========+=================+==============

--------+------------+---------------+----------+-----------------+--------------

1854 | 18.6 | -- | 3.0 | 0.83 | 0.63

1855 | 18.2 | 16.7 | 2.6 | 0.64 | 0.71

1856 | 18.0 | 23.2 | 2.7 | 0.71 | 0.40

1857 | 19.5 | 29.8 | 2.9 | 0.49 | 0.34

1858 | 19.7 | 28.7 | 2.7 | 0.50 | 0.53

1859 | 18.6 | 26.9 | 2.9 | 0.48 | 0.68

1860 | 19.7 | 30.2 | 3.0 | 0.39 | 0.51

1861 | 17.2 | 29.6 | 3.0 | 0.42 | 0.38

1862 | 19.9 | 29.0 | 3.0 | 0.50 | 0.47

1863 | 20.8 | 26.9 | 3.2 | 0.38 | 1.16

1864 | 23.1 | 26.6 | 3.2 | 0.40 | 1.00

1865 | 23.8 | 28.1 | 3.4 | 0.28 | 0.64

1866 | 23.4 | 24.2 | 3.1 | 0.39 | 1.94

1867 | 23.1 | 21.0 | 3.0 | 0.49 | 0.91

1868 | 22.5 | 22.8 | 3.4 | 0.57 | 0.54

1869 | 23.5 | 23.6 | 3.6 | 0.48 | 0.38

1870 | 19.0 | 21.7 | 3.1 | 0.36 | 0.66

1871 | 19.4 | 17.9 | 2.4 | 0.45 | 0.96

1872 | 23.6 | 26.4 | 3.2 | 0.38 | 0.67

1873 | 24.7 | 31.8 | 3.2 | 0.41 | 0.73

1874 | 28.6 | 43.7 | 3.7 | 0.45 | 1.23

1875 | 32.2 | 41.3 | 3.8 | 0.87 | 1.26

1876 | 32.7 | 47.0 | 4.2 | 1.21 | 0.86

1877 | 33.8 | 43.4 | 4.8 | 1.45 | 0.93

1878 | 33.7 | 49.6 | 5.5 | 2.24 | 9.93

========+============+===============+==========+=================+==============

b. 1882–1896. Persons Convicted.

========+=============+==============+==========+==================

Years. | Violence to | Violation of | Perjury. | Embezzlement in

| Officials. | Domicile. | | Military Service.

--------+-------------+--------------+----------+------------------

1882 | 40 | 56 | 3.1 | 49

1883 | 39 | 52 | 2.7 | 54

1884 | 42 | 60 | 3.0 | 55

1885 | 40 | 57 | 3.0 | 57

1886 | 42 | 61 | 2.5 | 61

1887 | 43 | 58 | 8.8 | 66

1888 | 39 | 53 | 8.5 | 72

1889 | 39 | 58 | 8.6 | 61

1890 | 40 | 59 | 8.7 | 61

1891 | 40 | 57 | 8.5 | 56

1892 | 41 | 59 | 8.5 | 58

1882-91 | 41 | 58 | 8.8 | 60

1894 | 47 | 62 | 8.3 | 51

1895 | 47 | 65 | -- | --

1896 | 47 | 63 | -- | --

========+=============+==============+==========+==================

“The chief reasons why this crime (against personal liberty), like most

crimes against persons, has constantly increased up to the present, in

addition to the growing discontent with the present economic situation,

are two; first, the effect of the spread of great manufactories in

breaking up the family life, with concomitant lack of moral and

religious education, and the too early necessity for self-supporting

labor ...; and second, the present inordinate desire for pleasure,

whose results are seen not least in the harmful effects of the

immoderate consumption of alcohol; for that this is a prolific source

of the multiplication of crime can hardly be doubted.” [80]

Dr. Müller’s final conclusion is as follows: “We may regard it as an

established truth that, in the last analysis, the cause for the

increase and decrease of crime as a whole is to be found in the

presence or absence of a chance for employment and gain, in the

condition of individual lines of industry, and in the greater or less

degree in which the population as a whole in consequence of this, are

in a position to consume.” [81]

—Recently it has been proved that the conclusion of Dr. Müller with

regard to the slight influence of the price of grain upon criminality

was not entirely correct. Notwithstanding the growing influence of the

industrial situation upon criminality, the price of grain has retained

a certain influence. [82]—

XVIII.

CRITICISM.

The authors treated of in this chapter, and many others whom I have had

to put under other headings as belonging to some special school, all

have this point in common, that they try to find the causes of crime by

means of statistics. The first question that arises is this: do

criminal statistics give a real and complete picture of criminality?

The answer is categorically, No. To give only a few reasons, there are

a great many crimes, naturally insignificant, which remain unknown even

to the person injured; there are others of which justice never takes

cognizance, because the injured party has filed no complaint, either

because he has pardoned the offender, or fears the trouble of a

criminal trial, etc.

In general, not all the cases known to justice are included in the

criminal statistics but only those in which sentence is pronounced. An

exception is found in Mayr’s book (§ VI of this chapter), in which all

the crimes known to justice appear. In the first place the public

officer dismisses many cases because of their insignificance (Germany

is an exception—there the officer must prosecute); and in the second

place there are a number of crimes whose authors remain unknown.

Finally, only a part of those arraigned are convicted. Criminal

statistics, therefore, cover only a part of the crime that exists. [83]

The enemies of statistics have drawn from the preceding fact the

conclusion that criminal statistics are useless for the study of the

etiology of crime. This is an absolutely false conclusion, as false as

it would be to claim that doctors cannot find the cause of a disease,

because besides the thousands of cases known to them, there are at

least as many that remain unknown. The only question that arises is the

following: is the number known sufficient? is there a sufficiently

large body of facts in hand for inductive studies? As far as

criminality is concerned the answer can be perfectly positive. The

number of offenses that do not appear in the criminal statistics is

certainly large; they are, however, chiefly insignificant misdemeanors,

such as insults, trifling assaults, petty thefts, etc. These would have

little value in determining the etiology of crime, even if the

statistics included them all. Serious crimes, on the other hand, in the

majority of cases, without any doubt appear in the statistics. The

great reason why criminal statistics suffice for etiological

investigations is that the ratio of known crime to unknown remains

relatively constant. The proofs of this are to be found in the criminal

and judicial statistics themselves. The ratio between cases dismissed

and those prosecuted, between convictions and acquittals, etc., etc.,

remains practically the same from one year to another. Further, every

statistician of any experience is convinced that the law of averages

rules more absolutely than any despot.

Finally it must be noted that the fact that there are a number of

offenses which do not appear in the criminal statistics, does not mean

that there are many criminals of whom the same can be said. It is the

Italian school in particular that has maintained the proposition that

in the struggle between the criminal and society it is the criminal

that has the upper hand. This is a mistake; the criminal generally

loses, and in the great majority of cases very quickly. Certainly the

criminals are not punished for each crime, but the cases in which they

remain unpunished are very rare. In the world of criminals itself there

is no other opinion on this point. [84]

Although the value of statistics in studying the etiology of crime is

certain, it must not be thought that they tell us everything. [85] I

pass over here numerous things which most statistics still lack, for

example, a classification by motive rather than according to the

technical distinctions of the penal laws, [86]—and will simply call

attention to the difficulty of making international comparisons. The

difference merely in the penal laws makes the comparison very

difficult, and in many cases even impossible. Further, the

dissimilarity of procedure, the differences in the organization of the

police, etc., increase this difficulty. [87] In general, we can say

that international comparisons give results where the nature of the

crime (as homicide, for example) minimizes the difference between the

codes, and where the figures show considerable differences. We can

truly say that for the etiology of crime statics are much less

important than dynamics. When we apply the dynamic method to a fairly

long period, we have also to allow for the changes that have taken

place in the penal codes and in the police organization, etc.

The statistical method certainly contains many sources of error. It

goes without saying that this is not a reason for not using it at all,

but simply for being careful. We must guard against conclusions too

hastily drawn. If statistics show less criminality among the Jews—as is

generally the case—it is not safe to say, therefore, that the innate

morality of the Jew is greater than that of other men. If crime

increases during a certain period together with irreligion, we have no

right to conclude that there is a causal connection between the two.

The connection between the movement of the price of grain and that of

crimes against property has been proved many times, as we have seen; if

this parallelism of the two curves no longer occurs, we cannot say on

that account that economic conditions no longer play a part in the

etiology of these crimes; we have seen that in manufacturing countries

the industrial situation in general dominates the course of economic

criminality. Similar examples could easily be multiplied.

The statistical method is one of the most effective for discovering the

etiology of crime, and my readers will see that I use it much of the

time. Nevertheless, it must not be forgotten that this method, however

important, is only one among several. It is chiefly valuable in finding

the direct causes of crime; as to indirect causes it gives us much less

information. I would call attention to the following example: several

authors have proved that there is an inverse connection between

economic conditions and crimes against persons, i.e. that these crimes

increase in times of prosperity (this does not apply to recent times,

however). The conclusion has often been drawn from these facts that an

improvement in the lot of the working-class would lead, as a law of

nature, to an increase in crimes of violence. This is a typical example

of the insufficiency of the statistical method alone. When we seek for

the cause of this phenomenon in another way, in the structure of

society, we discover that it is to be found in the low moral and

intellectual condition of the working-classes. There can be no law of

nature at the root of the matter, else the well-to-do classes would be

the violent criminals “par excellence.” It goes without saying that

just the contrary is the case.

To sum up, I conclude that statistics furnish a powerful means of

discovering the causes of crime, provided they are used critically and

carefully. The statistical method is not the only one; to be a good

criminologist, it is necessary to be a statistician, but it is

necessary to be a sociologist also.

[Note to the American Edition: Upon the relation between sociology and

statistics see also Žižek, “Soziologie und Statistik.”

In recent years there has been a violent controversy over the

statistical method. It was opened by Hoegel in his “Die Grenzen der

Kriminalstatistik” and “Kriminalstatistik und Kriminalaetiologie”; then

came Wassermann with his “Begriff und Grenzen der Kriminalstatistik”,

and “Georg v. Mayr als Kriminalstatistiker und Kriminalsoziologe und

die moderne Methodenlehre”, which goes farther and denies almost all

value to the statistical method. On the other side, we find v. Mayr in

his “Statistik und Gesellschaftslehre”, II, p. 441, “Forschungsgebiet

und Forschungsziel der Kriminalstatistik”, “Kriminalstatistik und

Kriminalaetiologie”, and Wadler in his “Erkenntnistheorie und

Kriminalstatistik.”]

CHAPTER III.

THE ITALIAN SCHOOL. [88]

It ought to be remarked here that however just in itself Dr. Mayr’s