Section 81. (3) _Juvenile Delinquency._

There have never lacked authors who have assigned to children a great

group of defects. Ever since Lombroso it has been the custom in a

certain circle to find the worst crimes already foreshadowed in

children. If there are congenital criminals it must follow that there

are criminals among children. It is shown that the most cruel and most

unhuman men, like Nero, Caracalla, Caligula, Louis XI, Charles IX, Louis

XIII, etc., showed signs of great cruelty, even in earliest childhood.

Perez cites attacks of anger and rage in children; Moreau, early

development of the sense of vengeance, Lafontaine, their lack of pity.

Nasse also calls attention to the cruelty and savagery of large numbers

of children, traits shown in their liking for horror-stories, in the

topsy-turvy conclusion of the stories they tell themselves, in their

cruelty to animals. Broussais[285] says, “There is hardly a lad who

will not intentionally abuse weaker boys. This is his first impulse. His

victim’s cries of pain restrain him for a moment from further

maltreatment, if the love of bullying is not native with him. But at the

first offered opportunity he again follows his instinctive impulse.”

Even the power of training is reduced and is expressed in the proverb,

that children and nations take note only of their last beating. The time

about, and especially just before, the development of puberty seems to

be an especially bad one, and according to Voisin[286] and

Friedreich,[287] modern man sees in this beginning of masculinity the

cause of the most extraordinary and doubtful impulses. Since Esquirol

invented the doctrine of monomanias there has grown up a whole

literature, especially concerning pyromania among girls who are just

becoming marriageable, and Friedreich even asserts that all pubescent

children suffer from pyromania, while Grohmann holds that scrofulous

children are in the habit of stealing.

When this literature is tested the conclusion is inevitable that there

has been overbold generalization. One may easily see how. Of course

there are badly behaved children, and it is no agreement with the

Italian positivists to add, also, that a large number of criminals were

good for nothing even in their earliest youth. But we are here concerned

with the specific endowment of childhood, and it is certainly an

exaggeration to set this lower than that of maturity. If it be asked,

what influence nurture and training have if children are good without

it, we may answer at once, that these have done enough in having

supplied a counterbalance to the depraving influences of life,--the

awakening passions and the environment.

Children who are bad at an early age are easily noticeable. They make

noise and trouble as thousands of well-behaved children do not, and a

poor few of such bad ones are taken to be representative of all. What is

silent and not significant, goes of itself, makes no impression, even

though it is incomparably of greater magnitude. Individual and noisy

cases require so much attention that their character is assigned to the

whole class. Fortune-telling, dreams, forewarnings, and prophecies are

similarly treated. If they do not succeed, they are forgotten, but if in

one case they succeed, they make a great noise. They appear, therefore,

to seduce the mind into incorrectly interpreting them as typical. And

generally, there is a tendency to make sweeping statements about

children. “If you have understood this, you understand that also,”

children are often told, and most of the time unjustly. The child is

treated like a grown man to whom _this_ has occurred as often as _that_,

and who has intelligence enough and experience enough to apply _this_ to

_that_ by way of identification. Consider an exaggerated example. The

child, let us say, knows very well that stealing is dishonorable,

sinful, criminal. But it does not know that counterfeiting, treachery,

and arson are forbidden. These differences, however, may be reduced to a

hair. It knows that stealing is forbidden, but considers it permissible

to “rag” the neighbors’ fruit. It knows that lying is a sin, but it does

not know that certain lies become suddenly punishable, according to law,

and are called frauds. When, therefore, a boy tells his uncle that

father sent him for money because he does not happen to have any at

home, and when the little rascal spends the money for sweets, he may

perhaps believe that the lie is quite ugly, but that he had done

anything objectively punishable, he may be totally unaware. It is just

as difficult for the child to become subjective. The child is more of an

egoist than the adult; on the one hand, because it is protected and

watched in many directions by the adult; on the other, because, from the

nature of things, it does not have to care for anybody, and would go

ship-wreck if it were not itself cared for. The natural consequences are

that it does not discover the limits between what is permissible, and

what is not permissible. As Kraus says,[288] “Unripe youth shows a

distinct quality in distinguishing good and evil. A child of this age,

that is required to judge the action or relations of persons, will not

keep one waiting for the proper solution, but if the action is brought

into relation to its selfhood, to its own personality, there is a sudden

disingenuity, a twisting of the judgment, an incapacity in the child to

set itself at the objective point of view.” Hence, it is wrong to ask a

child: “Didn’t you know that you should not have done this thing?” The

child will answer, “Yes, I knew,” but it does not dare to add, “I knew

that other people ought not do it, but I might.” It is not necessary

that the spoiled, pampered pet should say this; any child has this

prejudiced attitude. And how shall it know the limit between what is

permitted it, and what is not? Adults must work, the child plays; the

mother must cook, the child comes to the laden table; the mother must

wash, the child wears the clean clothes; it gets the titbits; it is

protected against cold; it is forgiven many a deed and many a word not

permitted the adult. Now all of a sudden it is blamed because it has

gone on making use of its recognized privileges. Whoever remembers this

artificial, but nevertheless necessary, egoism in children will have to

think more kindly of many a childish crime. Moreover, we must not

overlook the fact that the child does many things simply as blind

imitation. More accurate observation of this well known psychological

fact will show how extensive childish imitation is. At a certain limit,

of course, liability is here also present, but if a child is imitating

an imitable person, a parent, a teacher, etc., its responsibility is at

an end.

All in all, we may say that nobody has brought any evidence to show that

children are any worse-behaved than adults. Experience teaches that

hypocrisy, calculating evil, intentional selfishness, and purposeful

lying are incomparably rarer among children than among adults, and that

on the whole, they observe well and willingly. We may take children,

with the exception of pubescent girls, to be good, reliable witnesses.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 48 / 79 章