In consequence of what we have just said_Criminality and economic conditions

first, do all those who are brought up in such an environment

inevitably become criminals; second, is there, then, no difference as

to morality between two persons of whom one is born with a strong and

the other with a weak moral disposition (supposing that both live in

the same unfavorable moral environment)?

The answer to the first question must be that there may be sometimes

those who succeed notwithstanding the very bad surroundings of their

youth. (As we have seen, an expert like Raux denies this possibility.)

But such cases are very rare and prove nothing against the theory of

environment, for it may readily happen that such persons fall in with a

better environment (at school, for example) which puts them on the

right track, if they have a strong moral disposition by nature.

To the second question the answer must be made that one endowed with a

strong moral disposition, but raised in unfavorable surroundings, will

perhaps become criminal, and yet need not be as bad as another with a

weak moral disposition, raised in a like environment.

There are criminals and criminals. Anyone who has given himself the

trouble of reading the biographies of great criminals knows that all

have not been entirely corrupted. It is with morals as with

intelligence; in unfavorable circumstances Darwin would not have become

a genius, but even in such environment he would nevertheless have been

recognized as intelligent; so a child with great moral capacity would

not become an honest man when brought up in the company of thieves and

assassins, but in his own circle would have been considered as a good

boy.

Beside very bad environments there are the great mass of those that are

neither the one thing nor the other, in which the children neither have

bad examples, nor are, properly speaking, deserted, but in which,

nevertheless, they do not receive an education positively good. What is

the influence of such environments? They are absolutely insufficient

for children with little moral disposition. These have need of a strong

and well-taught guide, without which they run much danger of leaving,

sooner or later, the straight path. It is evident that an education

such as that in question, is insufficient for the great middle class.

The future lot of these young people will depend especially upon the

circumstances in which chance shall place them. The surroundings spoken

of will be enough for those who have great moral capacities, in the

sense not that a better environment would not have had a better effect

upon them but in the sense that they are more susceptible to the good

than to the evil influences and—except in rare circumstances—they will

cause less trouble to their fellows.

Finally, how far does the effect of a good education extend? What can a

good education do for a person born with weak social instincts? This is

the well-known controversy. For no one denies that those who are

endowed with strong social instincts, as well as those who have them

only in moderation, and who constitute the great majority, do not

become bad when they are brought up in a good environment.

It will perhaps be impossible to give a decisive answer to this

question. For, since we cannot make experiments with living persons, we

cannot get sure results. And then an education really good is so great

a rarity that the number of cases where children with little moral

disposition are excellently brought up is certainly very small. [684]

We may consider it as certain that children not well endowed will never

become very altruistic even if brought up under the best conditions

imaginable. But on the other hand no one would doubt that a favorable

environment would develop, however little, their weak social instincts

(for no one is wholly without such instincts). For the moment we cannot

decide how far this influence may extend.

After this introduction we come to the organization of education in

present-day society. Before stating the facts we must sum up what has

been said above (see Ch. I., Sec. III, B, of this part). The

organization of our present social system charges the legitimate

parents of the child with his support and education. Most authors who

treat of the family wax so enthusiastic that they lose all critical

sense. They note that there are parents who love their children,

perform all their duties towards them, etc., and they wish to make

themselves believe that this is the general rule. But the subject must

be considered in cold blood. Certainly it would be ridiculous to deny

the social importance of the family; we may even say without hesitation

that without the family our present society could not exist. But all

this would not be a reason for not seeing its defects.

Are there not many who are bad, even aside from criminals? Is not the

majority of mankind made up of those weak in character? Are there not

many alcoholics? Are there not persons who do not love their children

at all? Are not the persons numerous who have little patience and tact

to guide children, or who are lacking in other pedagogic qualities? Is

it not true that nearly everyone is ignorant of psychological and

pedagogical principles? And have not most men their whole time taken up

with the struggle for existence, so that they are not able to concern

themselves with the education of their children?

These are the questions that we must ask ourselves; and the answer to

all of them is categorically: yes. And have not all these persons

offspring? Most certainly. Then the results may be imagined. It will be

of the highest importance to know how many children receive an

education that is really good. I do not know of any statistics covering

any very great number of children. But it will not be far from the

truth to infer that the following figures are applicable, not simply to

a limited number, but in general to all children. These figures are

given by Ferriani: [685]

To each 100 children between 8 and 12 years of age:

Good education 5

Education fair 10

,, superficial 20

,, partially neglected 17

,, entirely ,, 42

,, bad 6

---

100

One of the characteristics of our present education is that it makes

children egoistic. It is to be expected. The organization of society

obliges men to be egoistic, and “like father, like son.” An apparent

morality is the consequence. Children are taught that they ought to do

or leave undone this or that, not because it is needful to help their

fellows or not to injure them, but because it will be advantageous to

them to act morally, or because otherwise they will be punished. It is

unnecessary to say that brought up in such a manner, the individual

will not recoil from crime because of any moral restraint, when the

opportunity presents itself of making a profit, or when the risk of

being punished is not great.

As to education among the well-to-do classes, there it is especially

egoistic. The children—speaking of course in a general way—are brought

up with the idea that they must succeed, no matter how; the aim of life

is presented to them as getting money and shining in the world. Such

principles are incompatible with a really moral education, and the

education of this class aims only at an apparent morality instead of a

real one. [686]

Whatever may be the defects of this education, it is at least an

education; the children are watched, prevented from getting into bad

society, etc. The consequence is that the children of the well-to-do

almost never get into the courts. This sad monopoly is reserved for the

children of the poor. [687] This is not to say that the defects of

education among the well-to-do classes are not among the causes of the

criminality to be met with in the adults of these classes. When a poor

devil appears in court it will often happen that his counsel in

defending him will draw attention to the fact that the environment in

which his client has grown up is one of the causes of his fall; but it

does not often happen that the advocate makes a similar appeal when his

client is from the well-to-do. It is generally believed that nothing is

wanting in the moral education of one who has not known poverty, and

has not been neglected; but this is a mistake. There can be no doubt

that one of the factors of criminality among the bourgeoisie is bad

education.

The figures of the following tables show that it is almost exclusively

the children of the poor who are guilty of crime.

England and Scotland.

According to the English law the parents of children placed in a

“Reformatory” or an “Industrial School” must, if they are able,

contribute toward their children’s expenses. The following table shows

the assessments due in 1882 (in shillings per week). [688]

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

| | | Less | 1 | 2 | 3 | 4 | 5

| | | 1 | and | and | and | and |

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

Absolute numbers | 6,601 | 3,858 | 257 | 1,818 | 573 | 66 | 15 | 14

Percentage | 100.0 | 58.5 | 3.9 | 27.5 | 8.7 | 1.0 | 0.2 | 0.2

Absolute numbers | 17,641 | 10,406 | 600 | 3,904 | 2,316 | 301 | 67 | 20

Percentage | 100.0 | 59.1 | 3.4 | 22.2 | 13.1 | 1.7 | 0.4 | 0.1

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

A little less than 60% of the parents, then, were unable to make any

contribution, 25 to 30% of them were able to pay less than two

shillings, while the remaining 10 or 15% were working people not at all

well-to-do. [689]

France.[689]

The French “statistique pénitentiaire” gives information with regard to

the financial condition of the parents of the children received into

the “Etablissements d’éducation correctionnelle.” The following figures

covering the years 1878 to 1882 [690] will give a sufficiently accurate

notion, as figures for a longer period would lead to the same results.

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

| | | | | | 1878-1882

Children | 1878. | 1879. | 1880. | 1881. | 1882. | Average

to Parents +-----+------+-----+-----+-----+-----+-----+-----+-----+-----+-----+------

|Boys.|Girls.| B. | G. | B. | G. | B. | G. | B. | G. | B. | G.

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

Well-to-do | 81| 32| 75| 60| 61| 3| 50| 4| 43| 5| 0.9| 1.2

own labor |5,874| 1,254|5,799|1,177|5,800|1,224|5,455|1,154|5,300|1,090| 79.3| 68.7

prostitutes | 923| 421| 956| 433| 809| 429| 726| 395| 697| 349| 11.5| 23.6

deceased | 707| 133| 684| 138| 545| 102| 546| 84| 486| 101| 8.3| 6.5

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

Total |7,585| 1,840|7,514|1,808|7,215|1,758|6,777|1,637|6,527|1,545|100.0|100.0

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

After 1882 the penitentiary statistics no longer mention the financial

condition of the parents, but their occupation. The results confirm

those that we have just cited.

France, 1890–1895. [691]

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

| | | | | | | 1890-1895

Children | 1890. | 1891. | 1892. | 1893. | 1894. | 1895. | Average

to Parents +-----+------+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+------

|Boys.|Girls.| B. | G. | B. | G. | B. | G. | B. | G. | B. | G. | B. | G.

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

incomes | 29| 2| 36| 1| 36| 1| 36| 2| 34| 2| 29| 0| 0.6| 0.1

professions | 31| 2| 28| 0| 31| 0| 30| 0| 42| 17| 46| 0| 0.8| 0.0

Agricultural |1,000| 125|1,192| 105|1,199| 101|1,252| 138| 893| 102| 929| 115| 20.8| 10.0

Industrial |1,252| 193|1,186| 179|1,059| 163|1,237| 240|1,304| 300|1,317| 304| 23.7| 20.1

Miscellaneous |2,084| 572|1,937| 493|2,130| 413|1,866| 373|2,199| 311|2,120| 327| 39.8| 36.4

prostitutes | 391| 201| 434| 224| 423| 287| 440| 294| 403| 286| 333| 300| 7.8| 23.3

disappeared | 364| 91| 342| 133| 347| 136| 374| 129| 325| 95| 263| 106| 6.5| 10.1

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

Total |5,151| 1,186|5,155|1,135|5,225|1,101|5,235|1,176|5,200|1,131|5,037|1,152|100.0|100.0

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

These figures show clearly that it is only an insignificant number of

young criminals who come from the well-to-do classes. [692]

I have been able to procure only a few data from other countries; their

results, however, are identical with those for England and France.

Italy.

Of the 2,000 young criminals examined by Ferriani, there were 1,758, or

87.9%, coming from families where a profound poverty reigned, and only

148 (7.4%) from families that had never known poverty. [693]

Prussia.

77.8% of the children received in the correctional educational

institutions during the year 1901–02 came from very poor families.

[694]

It is then the poorest classes that furnish the greatest number of

juvenile criminals.

We come now to education among the proletariat. Here we meet first,

insufficiency of the pecuniary means which education requires; second,

bad housing conditions, which oblige the children to pass a great part

of the day in the street; third, the total absence of pedagogical

ideas; fourth, the absence during the greater part of the day of the

father of the family, and in many cases even of the mother. The number

of married women who work away from home is continually increasing. In

1882 there were in Germany, for example, 507,784 married working-women,

and by 1895 this figure had risen to 807,172—an increase of 299,388

(59%) in 13 years. In 1882 17.3% of the working-women were married; in

1895 21.5%. [695] There are no official figures but Braun [696]

calculates that in Germany there are 500,000 children under 14 years of

age, whose mothers are working-women. In Austria 44.6% of the

working-women are married, and in France 20.6%. [697] We have seen

above (pp. 409 ff.) that juvenile criminality is increasing. This is

explained in part by the increase in the labor of married women, from

which it results that an increasing number of children are brought up

without the proper care.

Among the working classes there is no question of education properly

speaking. We can consider the children as fortunate if their parents do

not set them a bad example, are not continually engaging in disputes,

and are not given to alcohol. It is plain that all this does not make

up a proper education; and yet how many children there are who do not

have even so much of an education as this! [698]

In the lower proletariat the situation is naturally worse. Not only is

there a total lack of care and surveillance, but children are even

brought up to crime.

Up to this point we have supposed the parents to be living. From the

present organization of society it follows that the condition of the

children of the poor becomes very bad as soon as the parents or even

one of them dies. Often private or public charity intervenes, but

generally the community does nothing for the orphan.

As a last consequence of the present system it must be noted that

children born of illegitimate unions are in a still more precarious

situation, since it is only the mother who has to protect them.

The community (in this case the state) concerns itself little with the

education of children; it makes education compulsory (at least in some

countries) and deprives parents of the charge of their children when

they neglect them too much (this again in some countries only).

Now we come to the facts. They prove that the surroundings in which

many children live are an important factor in the etiology of crime.

The figures at my disposal are not as numerous as I could wish, but

official statistics are not yet as full as is desirable for

sociological purposes.

In reading the statistics which follow we must not lose sight of the

fact that when it is stated that a certain percentage of children were

brought up in a bad environment, it does not follow that all the others

had a good education. The figures record only the very grave cases, as,

for example, where the parents have been convicted, or the children

entirely abandoned, etc. It is easier to prove, in making an

investigation into the condition of a family, that the children do not

receive a good education than it is to prove the contrary. Raux says

that 36% of the parents of the juvenile criminals whom he had examined

had a good reputation. The author adds, however, that this figure is

too high for the following reason: “For certain officials charged with

furnishing information on this point, every man who, without being

absolutely irreproachable, has not been complained against, is a person

of good character. So we have been made to add to the list of those of

good reputation certain families where the father, drunken, idle, and

unchaste, sets a very bad example to his son.” [699]

Some readers will see in what follows only a tiresome mass of

figures—quite wrongly, for those who know how to read the figures find

in them a language much more convincing and more shocking than that

which can be expressed in words.

Before beginning, the following remark must be made. We shall give, as

far as possible, the percentages of criminals born of illegitimate

unions together with the percentages of illegitimate births in general.

We shall see that with some exceptions, even so, the percentage for

criminals is much greater than that for the population in general.

However, to make the comparisons exact it is necessary to know the

percentage of illegitimate persons among the population of an age to

commit crime, and not among the newly born. This percentage is very

much less, because, first, the mortality among illegitimate children is

especially great, second, because a considerable number are

legitimated. In general the percentage of illegitimate persons among

the adult population is unknown. From researches by Neumann (“Die

jugendlichen Berliner unehelicher Herkunft”) and Spann (“Untersuchungen

über die uneheliche Bevölkerung in Frankfurt a/M.”), it appears that

3.6 times fewer illegitimate children in proportion, than legitimate,

reach the age of 20 years! [700]

Austria, 1883–1889. [701]

The following figures have to do with illegitimacy among the criminals

imprisoned in the years 1883 and 1884.

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

| 1883. | 1884.

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

Sex. | Total | Illegitimate. | Total | Illegitimate.

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

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

Men | 4,988 | 595 | 11.9 | 4,512 | 626 | 13.8

Women | 781 | 149 | 19.0 | 751 | 156 | 20.7

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

Total | 5,769 | 746 | 12.9 | 5,263 | 782 | 14.8

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

| Recidivists.

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

Men | 2,719 | 392 | 14.4 | 2,353 | 366 | 15.5

Women | 425 | 93 | 21.8 | 365 | 97 | 26.5

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

Total | 3,144 | 485 | 15.4 | 2,718 | 463 | 17.0

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

For the years 1896 and 1899 I have the following data, bearing upon the

persons convicted of crime during those years. [702]

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

| 1896. | 1897

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

Sex. | | Illegitimate. | | Illegitimate.

| Total +-----------+------------+ Total +-----------+------------

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

Men | 24,833 | 2,095 | 8.4 | 28,984 | 2,838 | 9.7

Women | 4,065 | 621 | 15.2 | 4,679 | 642 | 13.7

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

Total | 28,898 | 2,716 | 9.3 | 33,663 | 3,480 | 10.3

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

In order to be able to make a comparison we must have the figures for

illegitimate births in the population in general. For Austria they are

very high: in the period 1876–1880 13.84% of the children born living

were illegitimate, and in the period 1887–1891 14.67%. [703] During the

period between 1883 and 1892 the general mortality of children under a

year old was 24.9% as against 30.3% for illegitimate children. [704]

Baden, 1887–1891. [705]

In 1887 correctional education (Zwangserziehung) was introduced into

the Grand Duchy of Baden. The family conditions of the children

received between 1887 and 1891 were as follows:

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

| To Each 100 Children there were:

Years. +-----------------------------------------------------------

| Illegitimate. | Full Orphans. | Motherless. | Fatherless.

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

1887 | 18.5 | 3.3 | 21.8 | 24.3

1888 | 17.0 | 4.7 | 16.2 | 30.2

1889 | 15.9 | 5.0 | 16.5 | 30.6

1890 | 15.0 | 4.8 | 16.6 | 32.8

1891 | 15.6 | 4.1 | 17.7 | 32.6

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

England and Scotland, 1887–1899.

With regard to the children received into the “Industrial Schools”

during the years 1887 to 1891 there are the following data: 5% were

illegitimate, while for the same period 4.52% of all children born

living were illegitimate. [706] Here we must take into consideration

the greater mortality among illegitimate children. There are no recent

data, but in England in 1875 this mortality was twice as great as that

of legitimate children, and in some countries it is four times as

great.

4% were full orphans; 34% half orphans, 20% being fatherless and 14%

motherless; 6% had been abandoned by their parents; and 2% were the

children of habitual criminals. 51%, therefore, were living under

unfavorable conditions. For the pupils of the “Reformatories” in the

same period this percentage was 53. [707]

The following figures indicate also the relative numbers for the two

sexes:

Industrial Schools, 1891. [708]

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

| Boys. | Girls.

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

|Number.| % |Number.| %

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

Illegitimate | 233 | 6.8 | 108 | 11.6

Full orphans | 115 | 3.4 | 65 | 6.7

Fatherless only | 532 | 15.6 | 181 | 18.6

Motherless only | 535 | 15.7 | 171 | 17.6

Abandoned by parents | 193 | 5.7 | 76 | 7.8

One or both parents perverted or criminal | 118 | 3.5 | 53 | 5.5

Parents living and able to care for children | 1,681 | 49.3 | 317 | 32.7

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

Total | 3,407 | 100.0 | 971 | 100.0

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

It is interesting to note that with girls the influence of bad family

surroundings is worse than it is with boys, more than two thirds living

under abnormal circumstances.

However, confining ourselves to figures for the period 1887–1891, 49%

and 47% of the children in the two classes of institutions respectively

came from normal families. In what follows we see what their education

was; different competent witnesses before the “Royal Commission on

Reformatory and Industrial Schools” affirmed that the environment from

which these children came was very unfavorable. The most important

testimony was that of Mr. Macdonald, one of the officers who receive

the contributions of the parents to the support of their children in

the “Industrial Schools.” According to him only 6% of the children came

from homes favorable to their moral education. In Manchester 68% of the

parents of children in the industrial schools had a bad reputation;

14.7% were of doubtful character; and only 17% conducted themselves

well. [709]

Of 1,209 juvenile delinquents in the English prisons (1898–99) 90

(7.4%) had had no education; 512 (42.3%) had had very little; 496 (41%)

a fair education; and of 111 (9.1%) only could it be said that their

education was good. 211 (17.4%) were without father or mother; 183

(15.1%) had bad homes; 198 (16.3%) had none at all; and 30 (2.4%) slept

in night-lodgings. [710]

If the environment in which the young criminals have lived is the cause

of their fall, a considerable portion of them ought to return to the

right way as a result of the education given in the schools in

question. If this is not the case with all, this proves nothing against

the influence of environment, for the impressions received by the child

in the surroundings in which he has lived before his conviction are too

strong to be effaced by a comparatively brief stay in an educational

institution (even if these reform-schools were perfect). Finally, after

they are set at liberty environment may once more contribute to

recidivism. The following figures show the facts in the case: [711]

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

| To Each 100 Released there were:

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

Years.| Boys. || Girls.

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

| Good |Doubtful|Recidivists.|Conduct || Good |Doubtful|Recidivists.|Conduct

|Conduct.|Conduct.| |Unknown.||Conduct.|Conduct.| |Unknown.

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

a. Reformatory Schools.

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

1882 | 76 | 3 | 14 | 7 || 72 | 7 | 6 | 15

1883 | 76 | 3 | 14 | 7 || 69 | 9 | 8 | 14

1884 | 78 | 2 | 14 | 6 || 70 | 9 | 6 | 15

1885 | 79 | 2 | 14 | 5 || 72 | 9 | 6 | 13

1886 | 77 | 3 | 14 | 6 || 73 | 11 | 5 | 11

1887 | 78 | 2 | 14 | 6 || 75 | 10 | 5 | 10

1888 | 76 | 1 | 17 | 6 || 75 | 9 | 6 | 10

1889 | 74 | 2 | 18 | 6 || 76 | 9 | 6 | 9

1890 | 78 | 2 | 14 | 6 || 73 | 10 | 7 | 10

1891 | 78 | 2 | 14 | 6 || 76 | 8 | 5 | 11

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

b. Industrial Schools.

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

1882 | 81 | 4 | 5 | 10 || 79 | 7 | 1 | 13

1883 | 80 | 4 | 5 | 11 || 79 | 7 | 2 | 12

1884 | 81 | 4 | 5 | 10 || 80 | 7 | 2 | 11

1885 | 81 | 3 | 5 | 11 || 81 | 7 | 2 | 10

1886 | 82.5 | 3 | 4.5 | 10 || 83 | 8 | 1 | 8

1887 | 83.3 | 3 | 5 | 9 || 84 | 7 | 1 | 8

1888 | 83 | 3 | 5 | 9 || 81 | 8 | 1 | 10

1889 | 83 | 3 | 5 | 9 || 82 | 8 | 1 | 9

1890 | 84 | 2 | 5 | 9 || 83 | 7 | 1 | 8

1891 | 85.5 | 2 | 4.5 | 8 || 84 | 7 | 1 | 8

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

The percentage of those who conduct themselves well is considerable,

therefore, and indicates how great the influence of an unfavorable

environment upon these children has been. [712]

France, 1890–1895. [713]

The following important data concern the children in the

“établissements d’éducation correctionnelle”:

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

| | | | | | | 1890-1895

Condition as to | 1890. | 1891. | 1892. | 1893. | 1894. | 1895. | Average

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

| B. | G. | B. | G. | B. | G. | B. | G. | B. | G. | B. | G. | B. | G.

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

Illegitimate | 693| 236| 669| 238| 654| 277| 635| 295| 589| 289| 535| 395| 2.1 | 25.1

Half orphans |1,676| 432|1,641| 419|1,753| 418|1,634| 410|1,690| 428|1,492| 452| 1.7 | 37.1

Full orphans | 384| 152| 310| 172| 323| 203| 333| 212| 324| 236| 271| 225| 6.2 | 17.4

more times | 977| 412| 875| 443| 864| 570| 922| 566| 853| 481| 801| 488| 7.0 | 43.0

or prostitutes | 391| 201| 434| 224| 423| 287| 444| 294| 403| 286| 333| 300| 7.8 | 43.0

Unknown or disappeared | 364| 91| 342| 135| 347| 136| 374| 129| 325| 95| 263| 106| 6.5 | 10.0

Total of juvenile +-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+ |

delinquents |5,151|1,186|5,155|1,135|5,225|1,101|5,235|1,176|5,200|1,131|5,037|1,152| |

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

Out of 100 children born living 8.41 were illegitimate (1887–1891),

[714] while the mortality in the first year of life rose to 28.8% of

the illegitimate children, and only to 16.7% of the legitimate. [715]

The figures given above constitute a crushing accusation against

present conditions. If we suppose that the number of persons born of

illegitimate unions who have attained the age at which it is physically

possible to commit a crime are 6% of the whole population (a figure

which is certainly rather too low than too high), it follows that a

natural son runs twice as much danger of becoming a criminal as he

would if legitimate, and that this danger is even four times as great

in the case of a natural daughter. The other data are striking,

especially those which deal with girls. There were 54% who were orphans

or half-orphans; 43% had criminal parents; 33% had parents who were

vagabonds or prostitutes, or who had deserted their children! [716]

As the official statistics furnish no other data, we will pass on to

some of those given by private individuals. In the work already more

than once quoted, Raux gives the following table, based upon careful

researches and dealing with 385 juvenile prisoners received in the

“Quartier correctionnel” at Lyons, to which the juvenile delinquents

guilty of grave crimes are sent: [717]

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

Juvenile Prisoners.

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

Under normal surveillance | 51 51 | 13%

,, weak ,, | 90} |

,, impotent ,, | 44} 158 | 41%

,, brutal ,, | 24} |

Morally abandoned | 98 } 145 | 38%

Completely ,, | 47 } |

Excited to crime by the example of parents | 15} 31 |

Having committed crime under the instigation | 16} | 8%

and with the complicity of parents | |

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

Total | 385 385 | 100%

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

Only 13% among them enjoyed a normal education (and who could say how

far it was really good?), while 87% had an education insufficient or

bad. The author arrives at the following conclusion: “... the

population of the ‘quartier correctionnel’ of Lyons, more unfortunate

than guilty, has been recruited for more than 16 years from families

the majority of which bore within themselves, by reason of the vices of

their constitution, the principle of disintegration; whose morality was

detestable or very doubtful, and whose means of subsistence were

insufficient or totally lacking.

“It is to these different causes that the young delinquents owe first

their deplorable antecedents, then their recklessness at the moment of

the crime, their perversity, their corruption, and finally, their

arrest.” [718]

The opinion of M. Grosmolard, of great value because of the competence

of the author, who has been attached to the penal institutions of

Lyons, is entirely in accord with what has just been quoted. After

having spoken of the strong influence of poverty upon juvenile

criminality, Grosmolard continues thus: “Besides material poverty, and

as an auxiliary to this factor, we find the moral poverty of the home,

manifested by the disorganization of the family. Whether it is due to

the misconduct of the father or of the mother, or of both, the

disruption, whether private through separation of the couple, or

officialized by divorce, has no less deplorable consequences for the

children. There is always the depressing spectacle of domestic

disputes, the abandonment of the home, the weakening of parental

discipline.” [719]

Concerning 400 children in a parental school in Paris we have the

following figures: [720]

There were:

Natural children 11.25%

Half orphans 35.00%

Full orphans 10.00%

Children whose parents had disappeared or been convicted 13.25%

Whose parents had separated or been divorced 16.25%

Coming from a normal family 14.25%

-------

100.00%

These results agree, therefore, with those of the official statistics

and of Raux. The normal families were those which did not present any

of the external marks of demoralization, and it is more than probable

that their “morality”, in many cases was only apparent.

Out of 600 families from which juvenile criminals had issued, studied

by Dr. L. Albanel, 303 (50.5%) had been disorganized by death, divorce,

desertion, etc. In 268 (44.6%) families the fathers and mothers worked

away from home and the children were entirely neglected; 291 children

(48.5%) were confided to persons outside of the family; and 41 (6.8%)

were brought up by their grandparents, etc. [721]

Finally, there is the following fact about the children undergoing

correction in Paris during the period 1874–1878: nearly 68% of them

received visits from no one at all, not even from their parents. What

complete misery! Out of 100 children 68 in whom no one was interested,

not even when they were in prison. [722]

The results obtained by correctional education (probably no more

perfect in France than elsewhere) prove the correctness of what has

been advanced. If the thesis that the environment is the cause of the

criminality of minors is true, the conduct of most of those set free

ought to be good. Here are the results obtained in the “Quartier

correctionnel” of Lyons: [723]

101 discharged prisoners led a good life, i.e. 60%

20 conducted themselves passably, i.e. 12%

24 were put down as bad, i.e. 14%

24 disappeared (died, etc.), i.e. 14%

--- ----

169 discharged prisoners 100%

As I have already remarked, the fact that all do not lead good lives

proves nothing against the theory of environment, for it is quite

possible that earlier evil influences have not been eliminated in a

comparatively short detention. To prove how strong an influence the

environment exercises anew upon discharged prisoners, let us look at

the following figures, which also have to do with the pupils of the

Lyons “Quartier correctionnel”: [724]

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

Discharged Inmates whose Parents: | Reformed. | Recidivists.

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

Had a good reputation | 83% | 5%

,, doubtful ,, | 52% | 16%

,, bad ,, | 37% | 16%

,, been convicted | 50% | 29%

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

Ireland, 1891.

Among the children subjected to correctional education in 1891 there

were: 1.2% of illegitimate birth; 8.1% who had lost their parents;

16.2% without father; 19.3% without mother; and 0.6% who had been

abandoned or whose parents were unknown. [725] 43.6%, then, were

entirely or partially orphaned. These figures have no great value since

they relate to so small a number (160).

Italy, 1885–1889.

With regard to illegitimacy among criminals I have data for the years

1885, 1886, and 1889. In these years there were among those convicted

at the assizes 2.35%, 2.25%, and 2.21% respectively, of illegitimate

birth. [726] The number of natural children in general in the years

1872–1889 was about 7%; [727] the mortality among children in general

in the first year was 19%, and that among the illegitimate children 26%

(these percentages are the averages for the years 1884–1893). [728]

Italy is an exception, therefore to the rule, good everywhere else,

that a larger proportion of criminals than of the general population

are illegitimate.

In his “Entartete Mütter”, Ferriani says that more than 25% of the 806

juvenile criminals examined by him had become such because of the

depravity of their families. [729] In his “Minderjährige Verbrecher” he

gives the following results from an examination of 2,000 juvenile

criminals: 207 (10.3%) came from families of which one or more members

had been convicted; 53 (2.6%) from families entirely demoralized; 701

(35.0%) from families of bad reputation; and 169 (8.4%) from families

with a doubtful reputation—all together 56.3%; while 896 (44.8%) had

been corrupted by bad examples. [730]

Dr. A. Marro gives the following figures: [731] of 507 criminals

examined by him there were:

19 ( 3.6%) whose father or mother was a criminal

98 (13.4%) who had a criminal brother or sister

115 (22.6%) whose father was immoral or violent

56 (11.0%) ,, mother ,, ,, ,, ,,

209 (41.0%) ,, father was alcoholic

26 ( 5.1%) ,, mother ,, ,,

120 (24.1%) had lost their father before the age of 16

90 (18.1%) ,, ,, ,, mother ,, ,, ,, ,, ,,

and 36 (7.0%) were orphans before the age of 16.

Netherlands, 1896–1901.

The data concerning the Netherlands are limited to the following: [732]

Percentage of Persons of Illegitimate Birth.

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

| Convicts. || Recidivists.

Years. +------+--------+--------++------+--------+--------

| Men. | Women. | Total. || Men. | Women. | Total.

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

1896 | 1.5 | 3.4 | 1.7 || 2.2 | 6.8 | 2.4

1897 | 1.3 | 2.3 | 1.6 || 1.9 | 3.5 | 2.0

1898 | 1.3 | 1.9 | 1.3 || 1.6 | 1.6 | 1.6

1899 | 1.5 | 2.2 | 1.6 || 2.0 | 2.2 | 2.2

1900 | 1.8 | 2.0 | 2.0 || 1.9 | 1.4 | 1.9

1901 | 1.3 | 1.9 | 1.9 || 1.5 | 2.8 | 1.6

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

In the period 1887–1891 the number of illegitimate children to 100 born

living was 3.2 [733]; the mortality among illegitimate children during

their first year rose to 26.6% as against 17.5% among children in

general (1885–1893). [734] It is not possible to calculate for the

population in general the number of individuals born of illegitimate

unions and arrived at the age at which they are capable of committing

crime, but it is certain that the mortality is greater among

illegitimate children at each age than among legitimate children, and

that the number of children legitimated is very considerable. The

percentage of illegitimates to the whole population, then, is much

smaller than 3.2. It is consequently probable that in Holland also

illegitimate children are more likely to become criminals than

legitimate children.

As to juvenile criminals there are the following figures to be gathered

from the criminal statistics for the years from 1899 to 1901:

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

| To 100 of Each Category.

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

Years.| Boys. | Girls.

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

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

1899 | 0.5 | 0.8 | 18.8 | 4.3 | 2.2 | 27.2

1900 | 3.5 | 0.1 | 18.3 | 3.0 | 1.5 | 29.6

1901 | 2.5 | 0.8 | 15.0 | 1.5 | 1.5 | 19.6

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

New York (State), 1875–1897.

Dugdale gives the following figures in “The Jukes.” They deal with 233

criminals imprisoned in New York in 1875. 40.77% were orphans; 46.78%

had been neglected in their youth; 17.16% were descended from criminal

families, and 42.49% from intemperate families. [735]

The following very interesting figures are taken from the annual

reports of the Elmira Reformatory.

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

| To Each 100 Prisoners.

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

|Parents Alcoholic.|Character of Home Environment.| Length of Stay at Home.

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

| | | | | | 10. | 10 and|the Age of

| | | | | | | 14. | 14.

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

1881 | 33.8 | 18.0 | 47.7 | 44.0 | 8.3 | 5.4 | 7.6 | 22.5

1882 | 35.1 | 16.0 | 48.1 | 41.1 | 10.8 | 5.0 | 7.3 | 22.7

1883 | 35.6 | 14.1 | 49.3 | 39.1 | 11.6 | 5.2 | 7.0 | 23.6

1884 | 35.9 | 13.3 | 50.0 | 39.2 | 10.8 | 4.4 | 6.8 | 25.0

1885 | 36.4 | 12.8 | 50.6 | 38.9 | 10.5 | 4.9 | 6.8 | 25.5

1886 | 37.5 | 12.0 | 52.4 | 37.4 | 10.2 | 4.6 | 6.4 | 25.5

1888 | 38.4 | 10.9 | 52.1 | 38.9 | 9.0 | 5.2 | 6.3 | 29.5

1889 | 38.7 | 11.1 | 51.8 | 39.9 | 8.3 | 5.2 | 6.2 | 30.8

1890 | 38.4 | 11.4 | 52.0 | 40.4 | 7.6 | 4.7 | 5.8 | 29.5

1891 | 38.4 | 13.0 | 52.6 | 39.8 | 7.6 | 4.5 | 5.9 | 30.7

1892 | 38.3 | 13.1 | 54.1 | 38.3 | 7.6 | 4.1 | 5.8 | 32.0

1893 | 37.8 | 12.7 | 50.3 | 40.0 | 9.7 | 3.8 | 6.1 | 32.6

1894 | 37.5 | 12.1 | 49.0 | 40.6 | 10.4 | 3.8 | 6.1 | 31.8

1896 | 37.5 | 11.3 | 47.0 | 41.3 | 11.7 | 3.6 | 6.7 | 33.0

1897 | 37.6 | 51.7? | 46.7 | 41.1 | 12.2 | 3.7 | 6.3 | 34.2

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

In round numbers then: 50% of the criminals come from a corrupt

environment, and only 10% from a good environment; 40% had left home

before the age of 15; and further, 40 to 45% had alcoholic parents.

[736]

Norway, 1897–1900. [737]

The following figures deal with illegitimacy of birth among the

prisoners in Norway.

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

| Persons of Illegitimate Birth to 100 Prisoners

Years. | of Each Category.

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

| Men. | Women. | Total.

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

1897-1898 | 12.7 | 14.7 | 13.0

1898-1899 | 11.8 | 17.2 | 12.6

1899-1900 | -- | -- | 12.0

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

During the years 1887–1891, out of 100 living births 7.33 were

illegitimate, [738] while the mortality of natural children in the

first year was 15.3% and that of children in general 9.5%. [739]

Persons of illegitimate birth formed a much greater proportion of the

prisoners than of the population in general.

Prussia, 1891–1900. [740]

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

To 100 Prisoners Born of Illegitimate Unions there were:

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

In Houses of | In Correctional | In Institutions for

Detention. | Prisons. |Correctional Education.

(1891-1900). | (1896-1900). | (1895-1900).

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

Men. | Women. | Men. | Women. | Men. | Women.

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

8.5 | 10.2 | 8.3 | 12.5 | 11.6 | 15.1

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

In the years 1887–1891 there were 7.81 illegitimate children out of

each 100 living births; 35.7% of the illegitimate children died in the

first year as against 20.8% of children in general (1884–1893). [741]

In Prussia also, then, the influence of illegitimacy upon criminality

is very marked.

The following table gives the figures for 18,049 recidivists in

Prussian houses of detention in the years 1894–1897. [742]

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

|Absolute|

|Numbers.| %

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

Of illegitimate birth | 2,218 | 11.2

| |

Had lost father before age of 14 | 3,230 | 17.8 }

,, ,, mother ,, ,, ,, ,, | 2,116 | 11.7 } 35.1

,, ,, both ,, ,, ,, ,, | 1,027 | 5.6 }

| |

,, ,, father after ,, ,, ,, but before 18| 1,183 | 6.5 }

,, ,, mother after the age of 14 but | | }

before 18 | 880 | 4.8 } 12.2

,, ,, both after the age of 14 but before | | }

before 18 | 167 | 0.9 }

,, committed their first crime before the | |

age of 14 | 1,150 | 6.3 }

,, committed their first crime between the | | } 33.6

ages of 14 and 18 | 4,936 | 27.3 }

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

Consequently 47.3% had lost one or both parents before reaching the age

of 18; 11.2% were of illegitimate birth—a total, therefore, of 58.5%

brought up under abnormal home surroundings. And what was the

environment under which the other 41.5% had lived? The table gives no

answer to this question, but we may imagine it on the basis of the

figures given above.

Switzerland, 1892–1896.

Among the 14,612 persons confined in the Swiss prisons during the years

1892–1896 there were 1,359 of illegitimate birth—1,044 men (8.5%) and

315 women (13.9%). [743] In the period 1871–1890 there were only 5

illegitimate births to the 100, while the mortality during the first

year was 24.0 to the 100 natural children as against 16.4 to the 100

children in general. [744] The influence of illegitimate birth upon

criminality, therefore, is very great in Switzerland; an illegitimate

child is at least three times as likely to become a criminal as a

legitimate child.

As regards the education of criminals, 22% of the women and 17% of the

men had been brought up by persons outside of the family. The following

table bears upon the others, i.e. those who were brought up at home:

[745]

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

| Number of Prisoners.

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

Education. | Men. | Women. |Illegitimate.

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

| Total. % | Total. % | %

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

Good | 4,696 57 | 586 44 | 37.6

Defective | 3,096 37 | 619 46 | 47.6

Bad | 481 6 | 141 10 | 14.8

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

Total | 8,273 100 | 1,346 100 | 100.0

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

These figures show that the education of a very great number of

criminals was very insufficient, and especially so in the case of

illegitimate children.

The following table, dealing with the canton of Berne, gives still

further details. [746]

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

|To 100 Convicts of Each Category the Education had been:

Categories of Convicts. +-------------+--------------+-------------+-------------

| Good. | Defective. | Bad. | Not known.

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

Legitimate | 33.0 | 54.0 | 11.0 | 2.0

Illegitimate | 8.4 | 63.4 | 25.3 | 2.8

Brought up at home | 38.0 | 11.0 | 49.0 | 2.0

,, ,, in another family| 9.0 | 17.0 | 73.0 | 1.0

,, ,, ,, an institution| 16.0 | 19.0 | 53.0 | 13.0

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

The figures concerning the bad education of illegitimate persons are

very striking, as well as those brought up in families other than their

own; of the latter only 9% had received a good education even as that

term is used in the table.

Wurtemberg, 1877–1888.

The following figures have to do with 3,181 criminals in prison in

Wurtemberg during the years mentioned:

Out of 100 in each group there were the following number of

illegitimate births:

All prisoners 27.0

Habitual criminals 30.6

Occasional criminals 17.4

Thieves 32.4

Swindlers 23.1

Sexual criminals 21.0

Perjurers 13.0

Incendiaries 12.9

Between 1876 and 1885 there were 8.76% of illegitimate births in the

general population; and while the general mortality of children in

their first year was 26.1% (1884–1893) that of illegitimate children

was 32%. [747] The influence of illegitimacy is very strong here,

therefore.

To 100 persons of each category the following were brought up outside

of their own family:

Prisoners in general 16.0

Habitual criminals 19.3

Occasional criminals 7.6

Thieves 20.9

Incendiaries 11.0

Swindlers 10.8

Sexual criminals 9.4

Perjurers 6.0

To 100 persons of each category there were the following one or both of

whose parents had led an immoral or criminal life:

Prisoners in general 43.7

Sexual criminals 51.7

Thieves 47.3

Swindlers 34.8

Incendiaries 31.0

Perjurers 23.0

Finally it must be mentioned that 16.2% of 1,714 in the detention

prison had alcoholic parents.

We are now at the end of our statistical data and also of our

observations upon the environment in which criminals are brought up;

for it seems to me superfluous to make further comments: the great

influence of environment is indubitable.

Tomel and Rollet close their work “Enfants en prison” with these words,

which I make my own, and which are as applicable to adult as to

juvenile criminals: “Has society done everything that it ought to spare

children the prison? We believe that with ourselves [the reader] will

answer, ‘No!’ Each child to whom we refuse protection will become a

delinquent. It is a wolf that we are preparing for the sheep-fold. If

tomorrow he makes his fellows pay his own arrears of injustice, if he

steals, if he kills, he will not say, ‘I commit a crime’; he will say,

‘I make reprisals.’” [748]

f. Prostitution. Prostitution has a special importance for the etiology

of sexual offenses and of procuration. However, it is not with this

that we are concerned at present, but with the correlation between

prostitution and criminality in general, in the sense, that is, that

prostitution has a demoralizing effect upon the women who practice it

and upon the men who have intercourse with them.

Let us begin with the effect upon the prostitutes themselves. And as

with all observations upon the relation between certain social

phenomena and criminality, these must be preceded by statistical data.

How large a quota do prostitutes contribute to crime? This is a hard

question to answer, because, first, most criminal statistics make no

mention of the occupation of prostitute; second, when the statistics do

mention prostitution they do not give the real truth, since the facts

will often be concealed by the woman interested; third, the extent of

prostitution is almost unknown, so that it is impossible to make the

necessary calculations.

The following figures give us some information on the subject.

Austria, 1896–1898.

It is to the study of Dr. A. Baumgarten “Die Beziehungen der

Prostitution zum Verbrechen”, that I owe the following figures (which,

I believe, bear wholly upon Vienna). In the years 1896–98 there were 34

annually convicted out of a total of 2,400 prostitutes, or 1.4%, not

counting those who were punished for infraction of the regulations

covering prostitution. [749] The author thinks this degree of

criminality very small. I venture to be of a different opinion. If we

note that criminal statistics, those of Germany, for example, show that

there are annually only 0.3 women over 12 years of age convicted to the

100, we shall see that the part that prostitutes take in crime must be

called more than a small one.

England, 1836–1900.

The English penitentiary statistics show whether the female prisoners

are prostitutes or not. As we have seen above (p. 499) the percentage

of prostitutes rose in the period between 1894–1900 to 15% of the

total. The figures bearing upon earlier years, however, show a much

higher percentage; in the years 1836–1854 25.2% of the women convicted

(in London) were prostitutes [750]; in the years 1858–1862 prostitutes

made up 24.7% of the women arrested. [751]

However, when we examine these exceptionally high figures, we must not

forget that, according to the “Vagrant Act”, the fact of being a

prostitute itself is a misdemeanor; a part of these women, therefore,

were convicted for this and not for having committed some other

offense. The following figure however, where this circumstance is

excluded, also shows a great criminality upon the part of prostitutes,

and gains added weight from the fact that many persons would not care

to make complaint for fear of scandal: to each 100 persons of both

sexes convicted in London between 1843 and 1854 of “theft from the

person”, there were 36.0 prostitutes. [752]

France, 1890–1895.

In citing the figures upon the occupations of the prisoners (1890–1895)

we showed (p. 501) that about 5% were prostitutes. Compared with that

given in the corresponding statistics for England this percentage is

small. It must, however, be taken into consideration that a great

number of occasional prostitutes figure in the penitentiary statistics

under the head of another occupation.

Germany, 1885.

For this country I have been able to find only the following. Among the

2,900 women imprisoned in the 16 great German prisons there were found

in 1885 500 (17.2%) who had already been punished for professional

prostitution. [753] Although there are no positive data upon the extent

of prostitution, it is nevertheless certain that much less than 17.2%

of women in general are prostitutes. The figure cited shows that

prostitutes take a relatively large part in crime.

Italy, 1891–1895.

1,949 (1.5%) out of 126,717 women convicted in the years 1891–1895 were

prostitutes. [754] Here also it must be taken into account that this

number is made up only of prostitutes by occupation, and that those who

follow it as an auxiliary calling are grouped under other occupations.

Also, L. Ferriani, in his “Minderjährige Verbrecher”, concludes that of

the 460 young female criminals studied by him, 243 (52.8%) were

prostitutes. [755]

What data I have been able to secure do not prove—but render

exceedingly probable—the assertion that prostitutes show a high degree

of criminality. In my opinion this phenomenon is to be explained as

follows.

First. From its nature the profession opens a vast field for committing

economic offenses.

Second. Prostitution has a very demoralizing effect upon those that

practice it. Those who have not sufficiently taken account of the real

causes of prostitution consider this a confusing of cause and effect,

and believe that it is the demoralization which causes prostitution. In

reasoning thus they forget that part of the prostitutes are forced by

poverty to take up this profession, and that in such cases there is no

need of supposing demoralization. Whatever may be the case with regard

to the rest, the profession would increase the demoralization already

existing.

All the authors who have taken up the question are agreed that this is

really the case. It is impossible to imagine a more degrading situation

than that of a prostitute. A woman who is continually forced to act in

opposition to her feelings, who is obliged to enter into intimate

relations with the first comer however abject he may be, who has become

unaccustomed to all work, and who is despised, inevitably loses all

respect for herself and falls lower and lower. [756]

A second bond of connection between criminality and prostitution is

that it makes possible a category of persons who constitute a permanent

danger to society, namely the “protectors.” The unregistered

prostitutes need a man who will look after them, and to whom they may

attach themselves in their forlorn condition. In exchange for this

protection the prostitute gives up a large part of her earnings. In

examining the biographies of great criminals we see that a large number

of them have belonged to this category. It is evident that only

demoralized persons can lead such a life, but that this life in its

turn increases their demoralization. [757]

In the third place, prostitution has a demoralizing effect upon the men

who come into contact with the prostitutes. We cannot lay it to chance

that it is shown in many criminal procedures that guilty persons have

had relations with the world of prostitution. This world includes only

a relatively small number of persons; but the men who frequent it are

numerous, and the demoralization which ensues is prejudicial to

society. This demoralization is easily explained, as Dr. Lux shows in

his “Sozialpolitisches Handbuch”, in these words: “The venality of the

delights of love debases the pleasure; the man learns to see in woman

only a means of satisfying his lust; all higher regard for woman is

lost to him, his thoughts become frivolous and cynical, his character

continually more vulgar. Whoever has an opportunity to come to know the

young men of the large cities, must, unless he is already tainted with

their opinions himself, be shocked at the brutality and coarseness of

their thought and speech. The whole conversational material of our

gilded youth consists of filth and obscenities; they boast of things

that a decent man would blush to be charged with. The young man is

demoralized and depraved by association with prostitutes, of whose

standard of morality he must beware lest he stifle in it every nobler

feeling.” [758]

g. Alcoholism. Here we have to take up but a single one of the ways in

which alcoholism is connected with criminality. For while acute

alcohol-poisoning enters into the etiology of sexual offenses and those

committed in revenge, etc., it has almost no relation to the largest of

the classes, namely economic crimes. Acute alcoholism, therefore, has

no place among our general observations. With chronic alcoholism it is

otherwise; for the man who is subject to this undergoes a general

demoralization by which he is predisposed to crime even when he is not

drunk. The manner in which this demoralization takes place is not a

question within the province of sociology; it is sufficient for us that

this consequence of chronic alcoholism is universally recognized. [759]

To show the influence of chronic alcoholism upon criminality we can use

only the direct statistical method; that is to say, we must find the

number of chronic alcoholics among criminals, and then place beside

this the number among the non-criminal population, in order that we may

compare them. If the latter figures are lacking, a comparison is

impossible. However, as we shall see, the percentage of chronic

alcoholics is so great among the criminals, that we can affirm that

among the non-criminals the percentage is very small. Consequently the

influence of chronic alcoholism, whether greater or less, is

indubitably proved. Here are the statistics which we have at our

disposal.

Belgium, 1874–1900.

M. Masoin tells us that out of 2,588 convicts (sentenced for 5 years at

least) who entered the central institution at Louvain between 1874 and

1895, there were 1,157 (44.7%) addicted to drunkenness. Out of 216

sentenced to hard labor for life there were 118 (54.6%), and out of 202

sentenced to death 121 (60%). [760]

In the prison of Mons Dr. Morel shows that out of 325 recidivists 181

(53.9%) were given to alcoholic excesses. [761]

It appears from the “Statistique Judiciaire de la Belgique” of 1900,

that in 1898, out of 19,169 recidivists (men) there were 5,976 (31.2%)

who had already been convicted of breaking the law against drunkenness,

and out of 22,904 non-recidivists (men) 1,984 (8.7%). Among the women

the figures were 8% (recidivists) and 1.1% (non-recidivists). [762]

Denmark, 1871–1897.

Out of 2,982 prisoners received between 1871 and 1880 in the prison at

Vridslöselille, 797 (27%) were drunkards. The penitentiary statistics

show us that during the years 1891–1897, among the non-recidivists

16.3% of the men were drunkards, and 4.6% of the women. [763]

England and Wales, 1858–1897.

The following figures are taken from the police statistics [764]:

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

| | Of whom there were Habitual Drinkers:[765]

| +---------------+---------------+----------------

|Number of | Men. | Women. | Total.

Years. | Persons +---------+-----+---------+-----+----------+-----

| | Number. | % | Number. | % | Number. | %

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

1858 | 434,492 | 13,553 | 3.7 | 4,130 | 4.5 | 17,683 | 4.1

1859 | 419,929 | 18,440 | 5.6 | 5,303 | 5.9 | 23,743 | 5.7

1860 | 409,780 | 19,471 | 6.0 | 5,210 | 6.0 | 24,681 | 6.0

1861 | 421,891 | 19,475 | 5.8 | 4,960 | 5.7 | 24,425 | 5.8

1862 | 438,228 | 20,830 | 6.0 | 5,209 | 5.8 | 26,039 | 5.9

1894 | 689,761 | 19,224 | 3.3 | 6,557 | 5.3 | 25,781 | 3.6

1895 | 687,075 | 16,268 | 2.8 | 5,695 | 4.7 | 21,963 | 3.1

1896 | 728,374 | 17,308 | 2.8 | 6,015 | 4.7 | 23,323 | 3.2

1897 | 757,485 | 17,012 | 2.7 | 6,084 | 4.6 | 23,096 | 3.0

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

These figures have no great value; they represent the number of

habitual drinkers to be less than it really is. The statistics cited

divide all persons prosecuted into eight groups (habitual criminals,

prostitutes, vagrants, etc.) and under the heading of habitual drinkers

only those alcoholics figure who are not included under other headings.

If a vagrant, for example, is also a habitual drinker, he will be

counted among the vagrants and not among the habitual drinkers; hence

this latter group is much larger than the figures would indicate. [766]

France.

At the penitentiary Congress in Brussels (1900), M. V. Marambat, well

known for his studies on the relation between criminality and

alcoholism, gave the following figures: [767]

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

Crimes and Misdemeanors. |Number of|Number of |

|Convicts.|Drunkards.| %

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

Murder, assault, and other crimes of | | |

violence | 787 | 649 | 82.4

Malicious mischief, etc. | 433 | 344 | 79.4

Theft and other economic offenses | 3,359 | 2,156 | 64.2

Arson | 42 | 26 | 61.9

Rape and other sexual offenses | 683 | 352 | 51.5

Other offenses | 18 | 9 | 50.0

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

Total | 5,322 | 3,536 | 66.4

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

At the same congress Dr. Malgat reported the following results of an

investigation made by him in the prison at Nice: [768]

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

Offenses. | Entered.| Drinkers.| %

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

Insults and violence to public officers| 138 | 91 | 65.9

Theft | 579 | 357 | 61.6

Obtaining money under false pretenses | 56 | 34 | 60.7

Assaults | 275 | 160 | 58.1

Vagrancy | 346 | 196 | 56.6

Indecent assault | 52 | 29 | 55.7

Homicide | 33 | 18 | 54.5

Expelled offenders | 175 | 95 | 54.2

Breach of trust | 63 | 33 | 52.3

Other offenses | 133 | 80 | 60.1

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

Total | 1,850 | 1,093 | 56.3

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

Germany.

An inquiry made by Dr. A. Baer with regard to the inmates of the German

prisons, in the period after 1870, gives the following results: [769]

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

| | Number of Drinkers.

| Number +--------------+--------------+--------------

| of | In General. | Occasional. | Habitual.

|Prisoners.+--------------+--------------+--------------

| |Absolute.| % |Absolute.| % |Absolute.| %

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

Men | 30,041 | 13,199 |43.9| 7,071 |23.5| 6,128 |20.4

Women | 2,796 | 507 |18.1| 198 | 7.1| 309 |11.0

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

Total | 32,837 | 13,706 |41.7| 7,269 |22.1| 6,437 |19.6

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

For the different crimes and misdemeanors the figures are as follows:

[770]

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

| | |Among the Drinkers there were:

Crimes and | Number | Drinkers. +---------------+--------------

Misdemeanors. | of | | Occasional. | Habitual.

|Prisoners+--------+------+--------+------+--------+-----

| |Number. | % |Number. | % |Number. | %

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

A. Houses of Correction.

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

Assaults | 773 | 575 | 74.5 | 418 | 72.7 | 157 | 27.3

Robbery, etc. | 898 | 618 | 68.8 | 353 | 57.1 | 265 | 42.9

Homicide | 348 | 220 | 63.2 | 129 | 58.6 | 91 | 41.4

Rape, etc. | 954 | 575 | 60.2 | 352 | 61.2 | 223 | 38.8

Theft | 10,033 | 5,212 | 51.9 | 2,513 | 48.2 | 2,699 | 51.8

homicide | 252 | 128 | 50.8 | 78 | 60.9 | 50 | 39.1

Arson | 804 | 383 | 47.6 | 184 | 48.0 | 199 | 52.0

Murder | 514 | 237 | 46.1 | 139 | 58.6 | 98 | 41.4

Various crimes | 1,689 | 712 | 42.2 | 358 | 50.2 | 354 | 49.8

Perjury | 590 | 157 | 26.6 | 82 | 52.2 | 75 | 47.8

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

B. Houses of Detention.

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

against morals | 200 | 154 | 77.0 | 113 | 73.3 | 41 | 26.7

Rebellion | 652 | 489 | 76.5 | 445 | 89.0 | 54 | 11.0

Assaults | 1,130 | 716 | 63.4 | 581 | 81.1 | 135 | 18.9

Robbery | 48 | 28 | 58.3 | 16 | 57.0 | 12 | 43.0

trespass | 411 | 223 | 54.2 | 210 | 94.2 | 13 | 5.8

public peace | 34 | 18 | 52.9 | 12 | 66.6 | 6 | 33.3

misdemeanors | 826 | 433 | 52.4 | 306 | 70.7 | 127 | 29.3

Arson | 23 | 11 | 48.0 | 5 | 45.4 | 6 | 54.6

Theft | 3,282 | 1,048 | 32.0 | 666 | 63.5 | 382 | 36.5

forgery, embez.| 786 | 194 | 24.7 | 111 | 57.2 | 83 | 42.8

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

Out of a total of 359 vagabonds and mendicants Dr. Bonhoeffer found 281

(78.2 %) alcoholics. [771]

Italy.

Out of a total of 507 criminals examined by him Dr. Marro found 379

(74.7%) addicted to excess in alcohol, and only eight (1.5%) abstainers

or “unknown.” [772]

Netherlands, 1900–1901.

It was only in 1900 that the criminal statistics mentioned for the

first time the number of habitual drunkards among the convicts. Here

are the results:

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

|Percentage of Habitual

Crimes and Misdemeanors. | Drunkards in Each

| Category.

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

Obtaining money under false pretenses | 16

Crimes against the public authority | 13

Mendicity and vagabondage | 10

Crimes of violence | 10

Crimes against morals | 10

All crimes | 8.31

Assault | 7

Theft | 7

Receiving stolen goods | .5

Poaching | 3

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

Among the recidivists the drunkards formed 11.6%.

The data for 1901 are more detailed and also more worthy of confidence.

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

|Percentage of Habitual

Crimes and Misdemeanors. | Drunkards in Each

| Category.

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

Mendicity and vagabondage | 26.51

Rebellion | 21.16

Embezzlement | 19.20

Obtaining money under false pretenses | 18.26

Serious assaults | 16.94

Malicious mischief | 16.59

Insult to public official | 16.10

Disturbing the public peace | 14.33

Simple theft | 11.61

Sexual offenses | 10.84

Assaults | 10.87

Insults | 9.96

Aggravated theft | 8.84

Poaching | 1.46

All crimes | 13.00

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

Of the recidivists 21.96% were habitual drunkards. [773]

New York (State), 1869–1870.

In his “Dangerous Classes of New York”, C. L. Brace states that in

1870, out of 49,423 criminals in the prisons of New York City there

were 30,507 (61.6%) habitual drunkards, and 893 (81.6%) of the 1,093

prisoners in the Albany penitentiary in the years 1869–70 likewise were

drunkards. [774]

R. L. Dugdale gives the following figures for the 233 criminals

examined by him: [775]

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

|Percentage of Habitual

Crimes. | Drunkards.

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

Theft from the person | 55.00

Robbery | 47.36

Crimes against persons | 40.47

Theft | 39.28

All crimes | 39.05

Crimes against property | 38.74

Burglary | 33.33

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

Prussia, 1894–1897.

Out of 18,049 recidivists in the houses of correction in the years

1849–1897, there were 4,930 (27.3%) habitual drunkards, of whom 4,473

(28.7%) were men, and 457 (18.2%) were women. [776]

Sweden, 1887–1897.

Out of 27,452 inmates in the prisons during the years 1887–1897 there

were 3,273 (11.9%) addicted to drink, of whom 3,101 (12.7%) were men

and 99 (3.2%) women. [777] These figures, however, are below the

reality, since only those are counted as alcoholics who were drunk at

the time they committed the crime. When we take into consideration that

the number of criminals who were in a state of intoxication when they

committed their crimes was 52.6%, we may be certain that a considerable

number of them were habitual drunkards.

Switzerland, 1892–1896.

On the 1st of January, 1892, there were 2,201 persons in the 35

penitentiaries; 1,816 men and 385 women. Among these there were 880

drunkards (39.9%); 762 (42%) men, and 118 (31%) women. [778]

In the years 1892–1896, the Swiss criminal statistics give alcoholism

as the cause of crime in 23.1% of the cases. [779] This figure,

however, has no great value; not only are the statistics concerning

alcoholism as a cause little worthy of confidence, as the author of

them confesses (indeed, it is impossible to speak of “the cause” of a

criminal act, since there are always several); but further there is no

distinction made between acute and chronic alcoholism.

Wurtemberg, 1887–1888.

Among the 3,181 prisoners examined by Sichart in the years 1887–1888,

there were 939 (29.5%) habitual drunkards. The figures for some of the

more important crimes are as follows: [780]

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

|Percentage of

Crimes. | Drunkards in

|Each Category.

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

Crimes against morals | 36.3

Arson | 34.2

Theft | 28.0

Obtaining money under false pretenses| 25.7

Perjury | 24.0

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

The data given above show sufficiently, it seems to me, what the

relation is between chronic alcoholism and criminality. Notwithstanding

their divergences the percentages in the different countries are

generally very high, and in every case much higher than among the

non-criminal population. The danger that these statistics are based

upon inaccurate data is not great, since the culprit has every reason

to pretend that his act has been committed in a state of intoxication,

in order that he may be less severely punished, and not that he is a

chronic alcoholic.

There still remains the question as to what is the degree of influence

which chronic alcoholism has upon crime. We should be exaggerating if

we were to declare (as is sometimes done by total abstainers) that

whenever a criminal is an habitual alcoholic, alcoholism is one of the

principal causes of his crime. It is evident that in many cases it is

only an accidental phenomenon. Nevertheless, the figures given above

agree with the thesis that chronic alcoholism is a demoralizing agent

and as such belongs to the etiology of crime. Its influence naturally

cannot be exactly expressed in figures. [781]

h. Militarism. Although the influence of militarism upon criminality

may not be an important factor in comparison with some others, it is

still necessary to speak of it here briefly, and under two heads: its

influence in time of peace, and its influence in time of war.

First, the influence of militarism in time of peace. The army is

recruited in great part among those who do not volunteer, in other

words among persons who have not the least taste for the military life

and only serve for fear of incurring severe penalties. Then a great

number of the volunteers have become soldiers only from necessity,

because they could not find a place for themselves anywhere else.

Finally one class of volunteers have enlisted very young, for a long

term of service, perhaps at the instance of their parents, or drawn by

the brilliant uniform, or other means of advertising peculiar to the

army. It is unnecessary to add that for the last two classes the

military service is often a deception, which makes them regret having

engaged in it.

The first source of demoralization in an army is to be found in its

composition. When you bring together a number of men, uneducated for

the most part, with nothing to unite them but constraint, and when

there are already certain bad elements among them, the demoralizing

influence makes itself felt at once. No moral bond unites these men,

but on the contrary a vague irritation begins to spread. And this

demoralization is not counteracted by that great moral force, work; a

great part of the time among the soldiers is passed in forced idleness,

and the rest in learning things in which they have little interest, if

indeed they do not feel an aversion to them.

It is naturally only by a discipline of iron that order can be

maintained and the recruits taught their trade. As soon as a man is

debased by excessive discipline to the rôle of a machine, his moral

qualities deteriorate; the state of things thus created brings it about

that the great power given to superiors often degenerates into a thirst

for domination, and renders the subordinates servile, and yet of the

opinion that anything is right for them so long as they are not found

out. [782]

Since most soldiers are only under arms for a short time, the

consequences named are not of great importance for them, but those

consequences nevertheless exist for the professional soldier. The best

known set of statistics upon the criminality among soldiers is that of

Hausner, [783] who shows that it is 25 times as great as the

criminality of civilians. These figures, however, have little value,

because among the civilians are counted not simply the men of military

age, but the whole population. Further, a statistical comparison of

military and civil criminality will always meet with great

difficulties, for, first, there are offenses of which only soldiers can

be guilty; second, the number of the soldiers is not constant even in

any one year. Although we cannot, therefore, express in figures the

harmful influences of militarism, it exists, nevertheless. But even if

we had the figures and they were to show—supposing a most improbable

case—that criminality was no greater among soldiers than in civil life,

even this would not contradict the evil influence of military life,

since repression and the fear of punishment are greater among soldiers

than among civilians, and abject poverty, one of the powerful factors

in economic criminality, is totally lacking in the army. [784]

The question may be raised as to whether the disadvantages spoken of

above are inseparable from every form of organization of the army. The

answer must be that this is the case in part only. The harmful

consequences will partially disappear when the army is adapted to the

democratic spirit, and the service remains limited to the time strictly

necessary to make a good soldier; but the fact that the great mass of

which the army is composed has no sympathy with its aim and end but

remains in service only by constraint, will continue to exist. This

latter circumstance will disappear only in the country where the army

is exclusively for the purposes of defense, to repulse an enemy that

wishes to destroy democratic institutions.

We come now to the influence of war itself. That which, at ordinary

times, is one of the gravest crimes, homicide, is commanded in war;

ravages and burnings are the order of the day. It is inevitable that

those who are driven to commit such acts, lose little by little their

respect for the lives and property of their fellows. War arouses a

spirit of violence, not only in those who take part in it, but in the

whole population.

Happily wars are neither so numerous nor so long continued as formerly,

so that the consequences have no longer so wide a scope.

Statistical research into the influence of war upon criminality is very

difficult, for criminality diminishes in time of war in an abnormal

fashion, first, because a great part of the male population of the age

most disposed to crime is under arms; second, the repression of crime

being less vigorous makes the degree of criminality appear smaller than

it really is, which explains why the figures for the criminality of

women and juveniles are less.

We often hear that war has also a good moral influence, since the whole

nation is then animated with a single ideal. This is true only in the

very rare cases where a war is really popular, in place of being the

means of procuring material profits for a small minority, while the

great majority remain indifferent. It goes without saying that even in

these exceptional cases, the harmful consequences to the participants

still remain. [785]

We have examined the tendencies of the present economic system and of

its consequences. Before concluding we must treat of the effect of

i. The penalty. The present codes give prominence to three kinds of

penalties: fines, different kinds of imprisonment, and capital

punishment. We naturally do not have to say anything of the first of

these, since there can be no question raised as to its effect upon the

person upon whom the fine is laid. All that we can say is that this

penalty fails of its object since no account is taken of the financial

condition of the person sentenced to it, and it follows that while the

punishment involved is only trifling for the rich, it constitutes a

heavy burden for the poor. Often a fine for a poor man who cannot pay

is simply a sentence to a short imprisonment.

The death penalty also naturally is outside of our present discussion.

I would simply observe that among the numerous arguments against this

penalty it must be noted that it has no intimidating effect upon those

who are present, as one would suppose, but on the contrary a

demoralizing influence; besides which the attention of the ignorant

class is drawn to the crime and the perpetrator of it. Those who are

condemned to death have almost all been present at executions. Out of a

total of 511 of whom we have information, there were only 15 (about 3%)

who had never witnessed an execution. [786]

In investigating the influence of punishment upon morality it is

imprisonment alone, therefore, which must be taken into consideration,

so much the more since even in the case of minor crimes it is almost

always inflicted, while capital punishment is either altogether

abolished, as in some countries, or else rarely pronounced and still

more rarely executed.

The following table shows how many times imprisonment is inflicted in

comparison with other forms of punishment.

Germany, 1882–1895. [787]

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

| Penalties to Each 1,000 Persons Sentenced.

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

Years. |Death.|Imprisonment|Fines.|Public Admonition.

| |(All kinds.)| |

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

1882 | 0.3 | 736.3 | 253 | 10

1883-87 } annual | 0.2 | 697.4 | 291 | 11

1888-92 } average| 0.1 | 660.2 | 323 | 17

1893 | 0.1 | 619.2 | 363 | 18

1894 | 0.1 | 607.2 | 375 | 18

1895 | 0.1 | 595.2 | 386 | 19

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

60% to 70% of the sentences, then, were deprivation of liberty. What is

the effect of this? The answer to this question must be found in the

statistics of recidivism. Here are the results for certain countries of

Europe, which probably are not much different from those of other

countries.

Germany, 1882–1900. [788]

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

| |To 100,000 of the Population over 12 there

| Numbers of | were Recidivists who were Convicted

Years.|Recidivists to+-------+--------+-------------+-----------

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

1882 | 24.9 | 115 | 56 | 64 | 23

1883 | 25.8 | 119 | 59 | 69 | 20

1884 | 26.3 | 127 | 63 | 72 | 22

1885 | 27.4 | 127 | 63 | 75 | 26

1886 | 28.0 | 129 | 65 | 79 | 30

1887 | 28.8 | 131 | 66 | 81 | 34

1888 | 29.3 | 127 | 65 | 80 | 35

1889 | 31.2 | 142 | 71 | 87 | 40

1890 | 32.7 | 150 | 76 | 93 | 43

1891 | 34.0 | 158 | 79 | 99 | 47

1892 | 34.7 | 169 | 87 | 107 | 54

1893 | 35.2 | 171 | 88 | 111 | 57

1894 | 36.9 | 181 | 93 | 120 | 65

1895 | 37.9 | 184 | 96 | 124 | 69

1896 | 38.8 | 183 | 96 | 129 | 75

1897 | 39.6 | 186 | 99 | 129 | 78

1898 | 40.1 | 189 | 100 | 133 | 83

1899 | 40.8 | 187 | 100 | 133 | 85

1900 | 41.2 | 180 | 96 | 131 | 86

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

Recidivism has regularly increased, then: a little more than 65% in 18

years.

It is present in different crimes in very various degrees. For the

following crimes it is very great.

Germany, 1882–1895. [789]

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

|Number of Recidivists having undergone Imprisonment

| to Each 100 Convicts in the

Crimes. | Years

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

| 1882. | 1886. | 1890. | 1895.

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

Leze-majesty | 40.7 | 41.3 | 43.2 | 52.8

Rebellion | 31.8 | 41.3 | 46.8 | 52.7

Robbery and blackmail | 44.4 | 45.6 | 51.5 | 50.9

False accusation | 34.8 | 37.1 | 42.1 | 48.3

Crimes of fraud | 32.9 | 38.9 | 42.9 | 45.4

Crimes against personal liberty| 26.6 | 32.3 | 37.8 | 42.8

Theft and embezzlement | 32.1 | 35.2 | 37.2 | 40.4

Crimes against morals | 24.1 | 31.3 | 35.9 | 38.3

Counterfeiting | 28.5 | 31.1 | 35.1 | 38.2

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

The following figures give a picture of recidivism in

England and Wales, 1871–1900. [790]

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

| |Percentage among Convicts of Recidivists who have been

| Percentage | Convicted

Years. |of Recidivists +----------+----------+----------+----------+----------

|among Convicts.| Once. | 2 to 5 | 6 to 10 | 11 to 20 | Over 20

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

1871-77| 40 | | | | |

1880-92| 48 | | | | |

1894 | 54.5 | 15.2 | 18.3 | 7.7 | 6.2 | 6.9

1895 | 55.5 | 15.7 | 18.0 | 8.9 | 6.9 | 5.9

1896 | 57.3 | 14.8 | 19.1 | 9.0 | 7.7 | 6.6

1897 | 57.6 | 18.9 | 19.0 | 8.8 | 7.6 | 7.1

1898 | 59.9 | 16.2 | 20.0 | 8.9 | 7.5 | 7.1

1899 | 60.2 | 16.4 | 19.9 | 9.2 | 7.6 | 7.0

1900 | 59.3 | 15.8 | 19.2 | 9.2 | 7.7 | 7.4

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

Here also, then, as in Germany there is a great increase in recidivism;

72% in 29 years.

For some offenses recidivism is more common than for others, as the

following figures show.

England and Wales, 1899–1900. [791]

(Assizes and Quarter Sessions.)

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

|Number of Recidivists to 100 Persons Convicted of the Following

| Crimes.

Years.+--------+---------+---------+---------+---------------+--------

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

1894 | 32.1 | 67.3 | 64.1 | 42.5 | 41.1 | 27.9

1895 | 35.2 | 67.3 | 66.1 | 51.8 | 38.5 | 24.4

1896 | 36.1 | 67.2 | 66.3 | 44.3 | 37.4 | 25.0

1897 | 38.0 | 68.7 | 66.4 | 51.1 | 40.0 | 28.1

1898 | 39.3 | 68.1 | 68.3 | 56.0 | 43.2 | 32.4

1899 | 37.7 | 69.9 | 67.4 | 58.3 | 40.0 | 35.2

1900 | 39.7 | 71.0 | 68.9 | 59.4 | 40.9 | 29.8

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

The following table has to do with

Austria, 1866–1899. [792]

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

| Percentage of Convicts Who

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

| | | | or |

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

1866-1870| 11.9 | 15.5 | 27.4 | 17.5 | 44.9

1871-1875| 11.6 | 14.2 | 25.8 | 17.9 | 43.7

1876-1880| 10.9 | 14.6 | 25.5 | 22.2 | 47.7

1881-1885| 10.6 | 14.2 | 24.8 | 25.2 | 50.0

1886-1890| 10.9 | 12.9 | 23.8 | 27.9 | 51.7

1891-1895| 11.1 | 12.5 | 23.6 | 28.9 | 52.5

1896 | 12.5 | 10.7 | 23.2 | 31.5 | 54.7

1897 | 12.7 | 10.6 | 23.3 | 30.4 | 53.8

1898 | 12.5 | 9.9 | 22.4 | 29.1 | 51.5

1899 | 12.4 | 10.1 | 22.5 | 29.8 | 52.4

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

This table has only a little value for the problem of recidivism; it

bears only upon those convicted of crime and leaves out of account

those convicted of misdemeanors; and in the last two columns are

included persons convicted of contraventions, who ought not to figure

in statistics of recidivism.

The following figures have much greater value.

France, 1850–1900. [793]

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

|Percentage of Recidivists in

| Each Group of Convicts.

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

Years. |Assizes.| Correctional |Total.

| | Tribunals. |

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

1850-1855 | 33 | -- | --

1856-1860 | 36 | -- | 31

1861-1865 | 38 | -- | 34

1866-1870 | 41 | -- | 38

1871-1875 | 47 | -- | 42

1876-1880 | 48 | -- | 44

1881-1885 | 52 | 44 | 44

1886-1890 | 56 | 47 | 47

1891-1895 | 57 | 46 | 46

1896-1900 | 57 | 46 | 46

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

Here, then, is a steady increase, checked only in the last 15 years by

the law of May 27th, 1885, upon recidivism.

The following table shows recidivism for certain offenses. [794]

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

| Percentage of Recidivists among

Crimes and Misdemeanors. | Convicts.

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

|1881-85.|1886-90.|1891-95.|1896-1900.

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

Drunkenness | 81 | 79 | 79 | 86

Vagabondage | 73 | 78 | 79 | 82

Mendicity | 72 | 77 | 75 | 80

Assaults upon parents, etc. | 69 | 63 | 55 | 80

Aggravated theft | 73 | 77 | 79 | 79

Counterfeiting | 50 | 54 | 57 | 55

Insults and violence to public officials| 48 | 50 | 51 | 51

Obtaining money under false pretenses | 51 | 50 | 51 | 50

Homicide | 42 | 50 | 52 | 50

Murder | 46 | 44 | 44 | 48

Arson | 53 | 50 | 52 | 46

Theft | 47 | 51 | 47 | 46

Serious assaults | 40 | 35 | 42 | 46

Domestic theft | 47 | 45 | 42 | 44

Forgery | 37 | 43 | 46 | 44

Fraudulent bankruptcy | 33 | 26 | 31 | 44

Misdemeanor connected with fishing | 35 | 39 | 39 | 41

Breach of trust | 41 | 43 | 41 | 39

Offenses connected with hunting | 26 | 32 | 34 | 38

Minor assaults | 32 | 36 | 35 | 35

Offenses against morals | 31 | 30 | 32 | 31

Maltreatment of children | 32 | 25 | 21 | 25

Infanticide | 7 | 6 | 8 | 7

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

Here are the figures for

Italy, 1876–1889. [795]

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

|Percentage of Recidivists

| among those arraigned

| Before.

Years. +----------+--------------

| Assizes. | Correctional

| | tribunals.

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

1876 | 10.4 | --

1877 | 11.2 | --

1878 | 13.2 | --

1879 | 20.7 | --

1880 | 21.5 | --

1881 | 26.5 | 20.2

1882 | 28.8 | 21.1

1883 | 29.4 | 22.6

1884 | 32.8 | 23.6

1885 | 34.7 | 27.6

1886 | 34.0 | 27.8

1887 | 36.0 | 32.2

1888 | 32.2 | 30.6

1889 | 36.3 | 32.3

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

In Italy also, then, there is a constant increase of recidivism (except

in 1888).

In conclusion, here are the figures for the

Netherlands, 1896–1901. [796]

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

| | | | Percentage of Convicts

| | | Percentage | who had been Convicted.

Years. |Convicts.|Recidivists.| of +-------+-------+--------

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

1896 | 17,205 | 5,097 | 29.6 | 17.1 | 10.3 | 2.2

1897 | 16,832 | 5,566 | 33.0 | 19.6 | 11.6 | 1.8

1898 | 16,368 | 5,997 | 36.6 | 21.2 | 13.2 | 2.2

1899 | 15,631 | 6,092 | 38.9 | 20.7 | 15.4 | 2.8

1900 | 15,169 | 6,048 | 39.8 | 20.3 | 16.2 | 3.3

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

The imperfection of the present mode of combating crime is shown even

by the evidence of the statistics we have given. It would be hard to

imagine a more complete fiasco; in place of a decrease there has been

an increase of recidivism; in place of making men better, the prison

makes them worse.

Here is in brief the explanation of the fact. As we have already

observed above in treating of the definition of crime, one of the

important elements in the present system of punishment consists, for

many people, in the desire to satisfy their revengeful feelings excited

by the crime. Those who realize that the punishment must be especially

aimed at the improvement of the criminal form only a small minority.

The present forms of punishment and the manner in which they are

inflicted are little if at all in accord with this latter point of

view. At present the penalty is not much more than an evil inflicted

upon the criminal to satisfy the vengeance of a great part of mankind,

and at the same time to make it impossible for the criminal to do harm,

either for a time or else forever, and finally to terrify him and other

men into not committing crimes. So long as punishment has this

characteristic, so long as it does not aim at the improvement of the

criminal, so long will it fail to effect a decrease in crime, but will

rather bring an increase, as the facts prove. No one, not even the most

dangerous criminal is morally improved in the slightest degree by

vengeance wreaked upon him. Vengeance engenders only vengeance and no

other feeling. We can expect to see good results from punishment only

if the criminal, from the manner in which he is treated, perceives that

those who have him in charge wish him well, are trying to improve him,

and that his act was wicked and intolerable.

There are two types of imprisonment; imprisonment in common, and in

separate cells. It is very easy to understand that a term of

imprisonment served in common has disastrous consequences for the

prisoner. It is because of this system that the prison has had the name

of a school of crime, which would be a good joke if the facts were less

serious. All kinds of criminals, young and old, those sentenced for

minor offenses, [797] and those guilty of grave crimes, criminals

against property and criminals against persons, all find themselves

massed together, so that instead of leaving prison bettered, almost

every one leaves it worse than he went in. No work is done, or at least

only stupefying labors; a real trade is neither practiced nor learned.

[798]

The disadvantages of this system have led to the cellular plan by which

the contagious influences of the prison are gotten rid of. Much was

hoped for from the change, but the statistics of recidivism show the

hope to have been ill-founded; separate confinement improves the

prisoner no more than the older type. This fact is not difficult to

explain. Starting from the false theory that man has a free will, the

non-determinists have believed, and unhappily still believe, that the

criminal left to himself and to his own reflections will repent. As

Sacker in “Der Rückfall” judiciously remarks, the criminal must not be

left to his thoughts—if he has any—but must be given new ideas. It is

unnecessary to remark that it is not life in a cell that will give them

to him.

Man is a social being; without life among his fellows he is like an

animal out of its element. How can he become better if he lives alone.

The cell stupefies him, isolation and monotony make him a machine,

which later will not be fit for a free life. I do not know a better

description of the consequences of separate confinement than that given

by the competent author of “Pictures and Problems from London Police

Courts”, Th. Holmes. He says: “How is it that a man’s facial expression

changes during a long detention? How is it that his voice becomes hard

and unnatural? How is it that his eyes become shifty, cunning, and

wild? It is no fault of the prison officials; they cannot help these

things; from the governor downward they are not to blame. It is not

because of hard work. From conversation with, and knowledge of, such

men, I gather that some of them at any rate would be thankful for more

work. It is the system that does it, the long-continued,

soul-and-mind-destroying monotony, the long, silent nights in which for

hours men lie awake thinking, thinking, thinking, driven in upon

themselves and to be their own selves’ only companion. No interchange

of ideas is possible, no sound of human voices comes to call forth

their own, and their own vocal organs rust. Nor does returning day

bring change, nothing but the same duties, performed in the same way,

at the same hour, and the same food, in the same quantities, served in

the same demoralizing way. They become strangers to the usages of

civilized society, and devour their food even as the beasts, but not

with the wild beast’s relish. To the use of knife and fork they become

strangers; to a knowledge of their own lineaments they become

strangers; to high thoughts, amiable words, courtesy, love of truth,

and all that makes a man they become strangers, for these virtues

cannot dwell with senseless monotony. But if these things die of

atrophy, other but less desirable qualities are developed. A low

cunning takes their place; the wits are sharpened to deceive or to gain

small ends; hypocrisy is developed, and men come out of prison hating

it, loathing it, but less fitted to perform the duties of life than

when they entered it.” [799]

Read further the opinion of Dostoievsky: “I am firmly convinced that

the boasted cellular system pursues but a false, if specious, aim. It

sucks the vital power out of a man, enervates his mind, weakens and

cows him, and finally presents the desiccated mummy of a man made half

mad, as a picture of reformation and repentance.” [800]

It would be possible to fill these pages with the well-supported

opinions of those who regard the cellular system as “an aberration of

the 19th century” (Ferri). [801]

To sum up then, we come to the conclusion that the system of

imprisonment is not in a condition to arrest the tide of criminality,

but further that it is even one of the causes of the increase of crime,

since it makes the prisoners still worse. It may be that in consequence

of what I have just said the reader will remark that there is no other

expedient possible than imprisonment, whether in common or cellular.

Although the question of the treatment of the criminal as it ought to

be is not one of those with which we are at present occupied, I shall

nevertheless say a few words on the subject.

It is possible to practice a third system, which takes its origin from

the idea that the crime does not proceed from the free will, but from

causes which it will be necessary to try to remove, in place of

inflicting a useless punishment. It is to the credit of the State of

New York that it should be the first to put in practice this sort of a

system of combating crime (in the Elmira Reformatory). An effort is

made to make a man of the criminal, to turn him into a strong and sound

individual; he is taught a trade, his mind is elevated, his feeling of

honor revived, in short, everything is done that is necessary to

stimulate the development of what is human in the man. And the results

prove that those who are following this method are surely on the right

road. [802]

There is only one objection to this system; that many persons who have

not committed crime lead a life which in various ways is worse than

that of the criminals so treated. However, this very sound objection

does not condemn the system, but rather the present organization of

society, which obliges a great number of persons to drag out a

miserable existence. The question of crime and the social question are

inseparable; he who examines the first without the second will not do

much toward solving it.

j. Imitation. Before concluding we must give our attention to one more

factor: imitation. We have already pointed this out in speaking of the

moral education of the young, but it is also of importance with adults

(e.g. the influence of the press, etc.; see above, C., a., in this

chapter), though not to so great an extent. When society shows very

egoistic tendencies imitation strengthens these considerably; when we

see persons with whom we have to do, always acting in an egoistic

manner, our anti-egoistic forces weaken little by little and we end by

doing as the others do. [803] In the crime of mobs imitation plays an

important part.

The proofs to support the power of imitation in the etiology of crime

are to be found in the biographies of most great criminals; bad example

plays generally a preponderant rôle in the drama of life. I know only a

single set of statistics giving exact information of the atmosphere in

which criminals have lived, and so furnishing an idea of the influence

of imitation. It is that furnished by the “Elmira Reformatory”.

According to the “Twenty-second Yearbook” (1897) the character of the

people with whom the inmates had associated was as follows: [804]

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

| Prisoners.

Character of Associates. +------------------+-------

| Absolute Number. | %

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

Positively bad | 4,511 | 54.2

Less bad | 3,614 | 43.4

Doubtful | 81 | 1.4

Good | 113 | 1.0

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

Total | 8,319 | 100.0

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

A second proof of the influence of the contagion of crime is found in

the fact that the criminality in the cities, where people come more

into contact with each other, is in general greater than that in the

country. Although it is evident that we cannot impute this exclusively

to imitation (it is due, among other things, in part to the great

differences of fortune found in the cities), it still plays an

important part. [805] The following figures give a picture of the

criminality in the large cities and in the country. [806]

England and Wales, 1894–1898.

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

| Crimes Known to the Police, to the 100,000

| of the Population.

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

|All Indictable |Crimes Against | Crimes Against Persons.

Districts. | Offenses. | Property. +-------------+-------------

| | | Crimes of | Sexual

| | | Violence. | Crimes.

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

| 1894.| 1898.| 1894.| 1898.| 1894.| 1898.| 1894.| 1898.

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

London | 416.77| 391.56| 386.24| 358.90| 11.95| 10.63| 5.93| 5.72

Mining districts | 234.33| 230.84| 214.32| 211.07| 8.39| 7.19| 8.11| 7.89

Manufacturing cities | 351.84| 325.93| 332.48| 306.21| 6.66| 6.74| 4.43| 4.00

Sea-ports | 643.60| 611.10| 597.91| 575.60| 22.54| 16.72| 8.44| 5.95

Watering places, etc. | 265.70| 302.25| 250.37| 283.34| 4.38| 5.93| 4.14| 6.16

1st. Eastern | 128.20| 120.23| 119.06| 107.84| 3.76| 3.22| 3.63| 5.45

2nd. South-eastern | 182.97| 195.86| 163.52| 176.55| 5.29| 6.22| 8.10| 8.70

3rd. Around London | 202.13| 198.07| 185.97| 181.41| 4.29| 4.94| 6.53| 6.32

England and Wales | 296.70| 284.20| 275.93| 262.83| 7.28| 7.39| 6.09| 5.94

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

The following table [807] relates to

Bavaria, 1883–1897.

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

| Number of Convicts to 10,000 of the Population

| over 12 Years of Age.

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

Crimes. | 1883-1887. | 1888-1892. | 1893-1897.

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

-----------------------------|-------+--------+-------+--------+-------+--------

Assault | 19.9 | 27.7 | 19.9 | 31.2 | 22.4 | 32.8

Theft | 37.4 | 26.6 | 39.7 | 26.1 | 37.3 | 25.9

Fraud | 10.2 | 5.0 | 12.1 | 6.9 | 12.5 | 6.9

public officials | 4.7 | 2.7 | 4.5 | 2.4 | 4.9 | 2.6

All crimes | 137.1 | 114.0 | 133.7 | 119.6 | 139.4 | 123.1

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

As in England the criminality in the cities is in general greater than

in the country.

We find the same picture in the figures for

France, 1881–1900. [808]

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

Residence. |Number of Persons Arraigned to

| 100,000 of the Population.

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

| 1881-1885. | 1896-1900.

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

Urban | 15.4 | 11.1

Rural | 7.8 | 5.4

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

The following table gives figures for certain important crimes. [809]

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

|Percentage of Persons Arraigned.

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

Crimes. |Living in Rural |Living in Urban

| Communes. | Communes.

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

| 1881. | 1900. | 1881. | 1900.

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

Murder | 64 | 50 | 36 | 50

Homicide | 58 | 54 | 42 | 46

Assaults | 50 | 56 | 50 | 44

Indecent assaults | 55 | 53 | 45 | 47

Forgery | 37 | 37 | 63 | 63

Breach of trust | 35 | 14 | 65 | 86

Arson | 77 | 74 | 23 | 26

Theft | 33 | 21 | 67 | 79

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

In studying the preceding table it must be noted that in the two

periods 34% and 39% of the population respectively were urban.

Netherlands, 1901. [810]

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

Places where the | Percentage of Convicts who had | Percentage of

Offense was Committed.| Committed their Crimes in the Groups |Whole Population

| of Communes Designated. | Living in the

| |Groups Designated.

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

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

20,000 inhabitants | 38.3 | 45.3 | 21.2 | 41.7 | 50.4 | 36.8

20,000 inhabitants | 61.7 | 54.7 | 78.8 | 58.3 | 49.6 | 63.2

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

An examination of the statistics given shows that except for a few

offenses the cities are more criminal than the country. [811] However,

it must not be forgotten that the cities have proportionately a greater

number of inhabitants at the age at which there is the greatest

tendency to crime, and that the figures therefore give the criminality

of the cities as a little greater than it is. On the other hand there

is a greater proportion of crimes that are not prosecuted, or whose

authors remain undiscovered. The English statistics, which do not speak

of the persons arraigned or convicted, but of the crimes known to the

police, are better in this regard.

It is unnecessary to treat more fully of the rôle of imitation in the

etiology of crime; no one will deny it. As I have already noted, in

Part I, in my criticism of the theory of Tarde, imitation is not an

independent factor, but dependent upon others. In our present society,

with its pronounced egoistic tendencies, imitation strengthens these,

as it would strengthen the altruistic tendencies produced by another

form of society. Man does not imitate that which is egoistic simply,

but also that which is altruistic. It is only as a consequence of the

predominance of egoism in our present society that the error is made of

supposing the effect of imitation to be necessarily evil.

k. Conclusions. In recapitulating now the egoistic tendencies of the

present economic system and of its consequences, we see clearly that

they are very strong. Because of these tendencies the social instinct

of man is not greatly developed; they have weakened the moral force in

man which combats the inclination towards egoistic acts, and hence

towards the crimes which are one form of these acts. To mention only

the most important things, in a society in which, as in ours, the

economic interests of all are in eternal conflict among themselves,

compassion for the misfortunes of others inevitably becomes blunted,

and a great part of morality consequently disappears. The slight value

that is attached to the opinion of others is also a consequence of the

strife of economic interests, for we can be responsive to that opinion

only when we do not see adversaries in our fellows.

The fluctuations of the mind of the person in whom the criminal idea is

born may be compared with the oscillations of a balance; and it is upon

sociology that must devolve the task of examining the forces which

throw a weight on one side or the other. When the organization of

society influences men in an altruistic way there is then a

considerable force which can prevent the balance from inclining towards

the egoistic side. In our present society, the organization of which

does not exert an altruistic influence, this force is very weak, or

does not exist at all. Since, however, in every society, man must

abstain from a number of egoistic acts, substitutes have been devised

to take the place of the weak or wanting social sentiments. The hope of

reward (whether terrestrial or celestial) and the fear of being

punished (whether by man or God) are charged with the duty of keeping

men in order. As believers themselves know very well, most men are not

very responsive to divine rewards and punishments—heaven and hell are

too far off. Is it not believers who are the strongest partisans of

rewards and punishments here below for human acts? However, this

expedient is only a very insufficient one. We know too well that the

rewards are very often lacking, and the punishments as well. This is

why many persons take the risk of committing the crime they have

planned.

The present environment exercises an egoistic influence upon all men.

We all participate, for example, in exchange, which, as we have seen,

is a great egoistic factor; and other similar factors could be named

that act upon all. On the other hand there are other egoistic factors

which exercise their influence only upon some of us.

Let us compare two totally different environments in which an

individual grows up. Let us place him first in the slums of a great

city; his father is alcoholic, his mother a prostitute; he has never

attended school, passing his time in vagabondage up to the day when,

still young, he has been committed to prison, where his education in

crime is completed. Now let us suppose this same individual to have

grown up in a healthy environment, where neither poverty nor extreme

riches exercised their pernicious influence. He has been brought up by

rational and loving parents, his mind has been developed, he has found

later a good career, in which the greed of gold has not been aroused in

him. We shall then have before us two extremes, between which a great

many degrees are to be found. The environment is a very important cause

of the great diversity among men. However, it is not the only one; we

still must give our attention for a moment to:

D. Individual Differences.

Men differ in height, in strength, in weight, in intellectual capacity,

in everything, in short. Apparently no regularity is to be seen in

their diversity. If, for example, we look at a crowd with reference to

the heights of the individuals composing it, there seems to be no

regularity about them. However, this is only in appearance. By placing

all the persons in a line according to their height, and drawing a line

at the top of their heads we shall always get a curve differing little

from the one below (the greater the number of persons, the lower the

point A, the higher the point D, and the more nearly horizontal the

line BC).

[Illustration]

The irregularity is, then, only apparent; there is regularity in this

sense, that the persons of average height predominate very greatly in

number, and that the very short and very tall persons form minorities.

This regularity in the individual differences, discovered by Quetelet,

has been recognized as a universal law, applicable to everything

living. The scientist named has demonstrated this not only for the

height of the human body, but also for its weight, strength, quickness,

etc.

In consequence of what we have just said we may put two questions;