At first glance this seems to be the logical thing to do, especially as

the effects of heredity can no more be doubted in man than in animals.

Still there are important questions to be asked and grave dangers to be

encountered. When we say that the well-bred Berkshire hog is better than

the "razor-back," we mean that it will produce more meat for food. In

other words the hog is better for man. If we were to ask which would be

the better, if the hog were to be considered, the answer would probably

be the "razor-back." The fact that the food consumed by the Berkshire

produces a large quantity of fat, makes him unfitted to live if he were

living for his own sake. Turn both hogs out to run wild, and the

"razor-back" will live and the Berkshire die. Nature will make her

selection and adapt the hog to his environment. The Berkshire will

produce more lard, but it will not run so fast; it has no more brains

and cannot adapt what it has so well to the preservation of life. The

same thing is doubtless true of other animals and likewise of plant

life. The Jersey cow would not survive in a natural state. She gives too

much milk and for too long a time. Man has made of her a milk-machine.

Turn all thoroughbred horses out on the plains to shift for themselves,

and they would either die or gradually be modified until they were

adapted to the free and wild life of the plains. This would not be so

good for man, but would be better for the horses. In plants and animals,

man can by selection breed or cultivate any characteristics that he may

choose, but he cannot produce a horse which is both a draft horse and a

running horse; he cannot produce cattle that are the best both for milk

and beef. He is urged to try scientific breeding on the human race. How

would he have man changed? Would he experiment for more intellect, or a

bigger and stronger physique? Would he breed for art and civilization or

would he breed for strength and physical endurance? What qualities are

desirable for the human race? This would be a very hard question even to

entrust to a popular vote. While the capacity of cattle to produce milk

can be increased, cattle cannot increase their own capacity or improve

their own quality. This can be done only by the slow and patient

processes of Nature in the line of adapting the animal to its

environment. The rapid change that is to come about by breeding must be

directed and controlled by man. The cattle have nothing to say about the

process. No doubt a higher order of beings who could control man might,

and perhaps would change him by selective mating. How they would change

him would depend on the use they wished to make of him, not on what the

man himself would like to do. The contemplation of a higher order of

beings experimenting with the human race is not a pleasant one for

intelligent men.

Can we imagine men, through government, forcibly experimenting with each

other? Who would settle the kind of man that was to be evolved or the

specific changes that would be required? Or, what was to be done and

how? Who could prophesy what man would be like when he should be made

over in the likeness of something else? Who are the people with the

breadth and tolerance and infinite wisdom, in whose hands it would be

safe to place the remodeling of man? It is hard to conceive that it can

be seriously considered.

Nature in her own way is a eugenist. By her slow processes she is

continually wiping out the unfit and adapting man to the environment

where he must live. Perhaps by saving too many of the unfit man is more

or less interfering with the processes of Nature, and it may be that the

interference with her method of work is bad. But Nature is mindful of

this tendency and if it is not in accordance with the profoundest laws

of being, Nature will have her way in spite of man's meddling. Any

change that can be brought about by selective mating must come by

natural processes aided by the education of each individual through a

closer study of the origin and evolution of life. This must leave

everyone free to do his own selecting, rather than to trust it to the

state. Society can do much toward giving man an environment which will

more or less be adjusted to his heredity. To give him a heredity that

will conform to his environment is quite another thing and probably must

be kept practically free from the theories, vagaries and experiments of

man. It would seem so absurd and dangerous as not to be worth discussing

except for the fact that the movement, both for sterilizing and some

degree of control of mating has already gone far in some of the states.

There is no limit that fanaticism or hatred will respect.

No doubt the popular opinion that in some way crime and pauperism are

inherited has been strengthened by the literature concerning the family

that has been given the name of "The Jukes." The first extensive study

of this family was made by Richard L. Dugdale, who was connected with

the New York Prison Association. It was first published in 1877 and may

almost be regarded as the "Uncle Tom's Cabin" of the scientific study of

crime in America.

Mr. Dugdale was evidently a careful student, an honest investigator and

a humane man. Strange to say, deductions have been freely and carelessly

made from his book, which the investigations do not warrant, and against

which he carefully cautioned the reader. No one can examine Mr.

Dugdale's book without being impressed with the quiet unassuming modesty

and worth of the author, and yet in the hands of those who have so often

carelessly and unscientifically generalized from his studies, it has

possibly brought more harm than good.

The book covers investigations made by Dugdale between 1850 and 1870, a

period in which little was known about the laws that govern inheritance,

and necessarily, much evidence was pure hearsay without the data of

careful investigation at hand. The case, however, does show a surprising

number of criminals, paupers, harlots and misfits, descending from their

original ancestor. From time to time further investigation has brought

the history of the family down to 1918.

The ancestor with whom the investigation begins was born some time

between 1720 and 1740. In the report the original is called "Max." He

has been described as a "hunter and fisher," "a hard drinker," "not fond

of work," fairly intelligent and leaving no record of crime. He probably

left behind a large family, some of whom were legitimate and some

illegitimate. The family came from a barren, rocky, lake region in New

York and several generations grew up in the vicinity. The only industry

was rough work like quarrying stone, logging and the like. Later a

manufacturing plant was located in the region. The Jukes early got a bad

name in the small community. Even when they wanted to find employment it

was hard to get a job. They were socially ostracized and individually

boycotted. The region was poor, and for the most part the family grew up

in poverty. Often several members of a family lived in one room and

slept on the floor indiscriminately, regardless of sex. For several

generations few of them wandered far from the ancestral home. The

locality was one that naturally came to be the resort of the poor and

the outcast; these are always driven to the cheapest and most barren

land. Whether the community was related by blood or not, the residents

would almost inevitably be of the same class. Rich people cluster

closely together for association and fellowship. The poor and wretched

do the same. Common observation in city and country shows that this is

inevitable. It comes from deeper and more fundamental laws than human

statutes. It is born of the gregarious instinct and fostered and

developed by economic law.

In the main, lax habits grow from surroundings and association. The

tendency of all human beings is to revert to the primal. It is only

association that keeps the individual units up to the tension that

civilization expects and demands. Every community shows many examples of

this inevitable tendency. Nature is constant; civilization spasmodic.

Especially with sex relations, conditions are the chief factor. Nature

knows little or nothing of the regulations fixed by society and custom.

Poverty and wretchedness reach outward through a community and by

association between the old and the young pass down the generations.

Nothing but a complete change of environment can counteract the

inevitable tendency. When social classes arise and the cleavage is clear

and established, no great effort is made by the superior members to aid

the inferior. In fact they are almost invariably left to themselves.

Poverty and wretchedness are not transmitted in the blood, but in the

environment.

It is not many years since physicians and communities believed that

tuberculosis was inherited. In all communities there were instances of

this dread disease spreading out through families and down the

generations. It required the sacrifice of many lives and the careful

investigation of scientists to discover that tuberculosis was the result

of germs, generally accompanied by an impoverished system. These germs

were transferred by close association and lack of sanitary conditions.

It is as easy to transmit shiftlessness, idleness and lax habits as

disease.

Dugdale's figures of delinquency in the Jukes family are doubtless much

too high. A large percentage of facts was gained from gossip and hearsay

about those long since dead. The details show that many crimes charged

were not even proved, others were evidently not crimes, and in any small

community suspicion would rest upon a member of this family who was

accused. Then too, the poor in court and out have a hard time defending

themselves. They are frequently convicted when accused. The evidence in

regard to the subnormal and defective is still less satisfactory.

Without close examination and thorough tests, illiteracy generally

passes as subnormality. Very few of the subjects were submitted to a

careful test. It is at least probable that this family was not much

different from the other families who lived in like circumstances in the

community.

Dugdale's original examination covered 709 cases out of about 1200 that

were supposed to be living at the time. Of this number, 180 are put down

as having received institutional and outdoor relief. The criminals and

offenders are put down at 140. Habitual thieves convicted and

unconvicted are listed at 60. Common prostitutes are put down at 50.

After Dugdale's investigation the family, from industrial and other

conditions, became scattered and spread out over many states. A record

has lately been made of the descendants of this family, the later record

showing much improvement in the stock. This must be due to environment.

It seems fairly certain that with time and opportunity, it will not much

longer be a marked family.

Quite aside from the history, it seems certain that no results such as

shown by Dugdale could have followed from inheritance. Defectiveness is

a recessive factor; normality a dominant one. If such were not true,

this would be a world of feeble-minded. If the Mendelian law held good

in this regard, from a union of a defective and a normal person, three

out of four would be normal, but as a matter of fact, the percentage of

normal is no doubt much greater. It is only when both father and mother

are feeble-minded that feeble-mindedness is sure to show in the

offspring. With the modern care of this sort of defectives, the chance

of breeding is growing rapidly less.

The Kallikak family is cited as another illustration showing the

possible inheritance of criminality and poverty through a defective

strain. This family, so far as shown, makes it still clearer that what

some authors have charged to heredity is simply due to environment.

These investigations do not show the need of controlling birth but do

prove the necessity of improving environment. It is not possible to

speak with certainty as to heredity and environment. The thorough

investigation of these two factors which make up life is still in its

infancy, but scientists are working out the problem, and we may be

confident that with the right attitude toward crime, a remedy will be

found for such cases as result from environment.

XXXIII

CRIME, DISEASE AND ACCIDENT

The criminologist has always looked for the cause of crime in some other

direction than in the inherent wickedness of the criminal. Only those

who make and enforce the law believe that men commit crimes because they

choose the wrong.

Different writers have made their catalogues of causes that are

responsible for crime, and most of these lists are more or less correct.

There can be no doubt that more crimes against property are committed in

cold weather than in warm weather; more in hard times than in good

times; more by the unemployed than the employed; more during strikes and

lockouts than in times of industrial peace; more when food is expensive

and scarce than when it is cheap and plenty; more, in short, when it is

harder to live. There is no doubt that there are more crimes of violence

in extreme hot weather than in cold weather. That is, heat affects

crimes as it affects disease and insanity and death; in short, as it

affects all life. More crimes of violence are committed after wars or

during heated political campaigns than at other times; more of such

crimes when, either by climatic or other conditions, feelings are

intensified or aroused and less subject to control. Likewise there are

more crimes committed by young men between seventeen and twenty four or

five years of age than at any other age. Neither the very young nor the

old commit crimes, except in rare cases. All the old people could be

safely dismissed from prisons. Some few of the senile would need

attention, and many need support and care, but none is dangerous to the

community. There can be no question that practically all criminals are

poor. Even when bankers get into prison they almost never have much

money when they start that way, and none when they arrive. They are sent

for something that would not have happened except for financial

disaster. There is no longer any question that a large number, say

probably from ten to twenty per cent of the convicted are, in fact,

insane at the time the act was committed, and that the demented, the

imbecile, and the clearly subnormal constitute many more than half of

the inmates of prisons. Most of the rest can be accounted for by

defective nervous systems, excessively strong instincts in some

directions, weak ones in another, or a very hard environment. Add to

this the facts that only a few have ever had any education worthy of the

name, that most of them have never been trained to make a fair living by

any trade or occupation, that almost all have had a poor early

environment with no chance from the first, and most of them have had a

very imperfect heredity. In short, sufficient statistics have been

gathered and enough is known to warrant the belief that every case of

crime could be accounted for on purely scientific grounds if all the

facts bearing on the case were known.

Is there anything unreasonable in all of this? Is it outside of the

other manifestations of life? Let us take disease. Clearly this is

affected by heat and cold; beyond question it is largely the result of

inherited susceptibilities. Poverty or wealth has much to do with

disease. Many poor people die of tuberculosis, for instance, where the

well-to-do would live. The span of life of the rich is greater than that

of the poor. The long list of diseases from under-nourishment is mainly

from the poor. Age affects disease, increasing the hazard of death. The

food supply seriously affects health. Ignorance is a prolific cause of

disease. Or, to speak more correctly, the lack of education and

knowledge prevents men from living so that sickness will not overtake

them, or so that they can recover when they are attacked by disease. The

strength or weakness of the nervous system is a material factor.

The times of life, too, when the ravages of disease are greatest are as

distinct as those of crime. And barring the fact that the few who are

left at seventy rapidly drop away, the time of the greatest disasters

would rather closely correspond with that of crime. Tuberculosis and

insanity, for instance, take their greatest toll in the period of

adolescence between fifteen and twenty-five years, just as crime does,

and the percentage of both begins falling off rapidly after thirty.

Accidents can be as surely classified, and many of them in the same way.

The poor naturally have more accidents than the rich; the ignorant more

than the educated; the poorly-fed more than the well-nourished.

Accidents are directly affected by climatic conditions; they are

affected by human temperaments, by the strength and weakness of the

nervous system, by the environment, by heredity, and by all the manifold

stimuli that act on the human machine.

Legislatures have long since recognized that crime does not really stand

as a separate and isolated phenomenon in human life. They have long

since passed laws to safeguard the community against loss by accident

and disease. A lengthening list of statutes can be found in our code

regulating dangerous machinery, the operation of railroads, the running

of automobiles, the construction of buildings, the isolation of the

tubercular and those suffering from other contagious diseases, the

amount of air-space for each person in tenement and work-shop, the use

of fire-escapes and all of man's conduct and activity for the

prevention of accidents and disease.

Quite apart from the question of the wisdom or the foolishness of all

this line of legislative activity, over which there will always be

serious discussion, it is evident that criminal conduct even now

occupies no unique or isolated place in law or human conduct. All

unconsciously the world is coming to look on all sorts of conduct either

as social or anti-social, and this regardless of what has already been

classified as criminal. A few years since science was absorbed in the

study of man's racial origin and development. Today, biology and allied

sciences are devoted to unraveling the complex causes responsible for

individual development. It is fair to presume that this new effort of

science may be able in time to solve the problem of crime, and that it

may do for the conduct and mental aberrations of man what it has already

done for his physical diseases.

XXXIV

LUCK AND CHANCE

Accident and luck may seem to have no place in a world of law, and yet

the fate of lives rests almost entirely on what can be better classified

under this head than any other.

This is a pluralistic universe. The world is made up of an infinite

number of independent machines, each having its own existence and

controlled by the laws of its own being. In going its several ways and

living its own life, inevitably it often clashes with others and is

seriously affected by them. The fox and the rabbit both roam the woods,

apparently at will, at least independently of each other. By an infinite

number of circumstances, at a particular time and place, their paths

cross and the fox devours the rabbit. Had they not met at the time and

place, the fate of the rabbit would not have been the same. The fox

would have traveled farther and eaten another rabbit or some other

animal in its stead.

An engine is running on a railroad track. It makes the trip day after

day without accident or disaster. An automobile is one of a million

built in a far off city. Its mechanism is marvelous, and each part is

dependent on the rest for its normal functioning. Some vital piece of

the machine contains a flaw. How it chanced to be imperfect is another

story involving endless speculation. An inherent natural defect in the

ore, or a tired workman anywhere from the original smelting place to the

last hand that touched it, may have been the cause; or, the reason may

be still more impossible to discover. The machine is purchased and does

its work perfectly for months. It is driven thousands of miles without

any mishap. It is propelled along the highway and reaches the railroad

track over which the engine runs. It is filled with happy people

enjoying a vacation. The automobile and the engine reach the crossing at

almost the same time. The automobile driver sees the engine and applies

the brakes. For the first time since it left the shop, the machinery

does not work. The car forges ahead and reaches the tracks just in time

to be struck by the engine. The merry party meets disaster. No power

could foresee the catastrophe, nor provide against the death that must

result. Inevitably comes the clash of independent machines. Each human

being is a separate machine. Along the road of life he meets countless

others like himself. Some chance meetings are fortunate and help the

journey. Some other chance meeting with a human machine, a mechanical

device, an infinitesimal microbe that happened to be at the same place

at the same time brings disaster or death. This is luck or chance or

fate, and this really hovers over every life, controlling its course and

destiny and deciding when the puppet shall be laid away!

Luck and chance are the chief of all factors that really affect man.

From birth to death the human machine is called on to make endless

adjustments. A child is born and starts down the road of life. He starts

blindly and, for the most part, travels the whole way in the mists and

clouds. On his pathway he meets an infinite number of other pilgrims

going blindly like himself. From the beginning to the end, all about him

and in front of him are snares and pitfalls. His brain and nervous

system are filled with emotions and desires which lure him here and

there. Temptations are beckoning and passions urging him. He has no

guide to show the way and no compass to direct his course. He knows that

the journey will bring him to disaster in the end. He does not know the

time or the nature of the last catastrophe he shall meet. Every step is

taken in doubt and pain and fear. His friends and companions, through

accident or disease, drop around him day by day. He cannot go back or

halt or wait. He must go forward to the bitter end.

The whole journey of life is largely a question of luck. Let anyone ask

himself the question how often he has escaped disaster or how often

death has just passed him by. How often has he done some act that would

have led to degradation had it been known? How many hair-breadth escapes

has he met? How many accidents has he had which luckily were slight but

which easily might have caused his destruction?

Chance is the great element in life. Two men invest money; one gains a

fortune, the other loses all. Two men are riding in a machine and it

goes over a cliff; one is killed, the other escapes. The deadly germ is

taken by one, it passes the other by; or, it is taken by one when his

health will make him immune, by another at the time that it will destroy

his life. How many temptations to violate the law has one just missed by

a lucky accident? How many times has a previous experience, education,

or a friend at the right time saved him from destruction?

The imperfect man travels this road; he is poor and friendless; his life

is a long series of accidents great and small. The first accident that

weakens his structure makes the second more certain and so on in

increasing ratio until the end. Good luck crowds around one life, while

ill luck and disaster follow another's footsteps wherever he goes with

the persistency of his shadow.

In all the infinite number of chances one false step may be enough to

bring final disaster. All depends on the nature of the step. Every

pilgrim makes innumerable false steps; often luck alone saves the

situation; often luck alone compasses the destruction.

Insurance companies know just when accidents will befall the insured. If

a man lives long enough he will die from a mischance. In a thousand men,

a certain number will meet accident in a given time. It is just the same

whether the insurance is written to be payable when a leg is cut off by

a train or when money is embezzled from an employer. In either event the

time can be figured out, and inevitably it will come if the time is long

enough.

Neither is it necessary that the bad luck shall be great at the first

misfortune. It may be but the loss of a few dollars which another could

easily stand. It may be only a few days of sickness which would be of no

consequence to someone else. It may be the death of a father or an

uncle, while the same sort of tragedy might be the source of another's

wealth. It may be some other person's hard luck which takes him from

school and leaves him to follow a life of hard and constant toil. It may

be that he had the bad luck not to marry the person of his choice, or it

may be that he had the bad luck to marry her. It may be because he had

no children; it may be because he had too many. It may well be that he

has been saved from prison by dying early of tuberculosis. He may have

been saved from a railroad wreck by going to jail. Infinite are the

tricks of chance. Infinite are the combinations and consequences that

may come from turning the cards in a single deck.

Who is the perfect one that should be willing to punish vengefully his

fellow-man? Let one look honestly into his own life and pick out the

important things that lead to fortune or disaster from birth onward, and

say how many are the results of circumstances over which he had no

control.

Crime: Its Cause and Treatment · 第 13 / 15 段