The question of indeterminate sentences has been recently discussed also

by Pessina, who combats it, of course, because the essence of the

classic school of criminology is retribution for a fault by means of

corresponding punishment. We might reply that no human judge can use any

other but the grossest scale by which to determine whether you are

responsible to the extent of the whole, one half, or one third. And

since there is no absolute or objective criterion by which the ratio of

crime to punishment can be determined, penal justice becomes a game of

chance. But we content ourselves by pointing out that segregation for an

indefinite time has so much truth in it, that even the most orthodox of

the classic school admit it, for instance in the case of criminals under

age. Now, if an indeterminate sentence is a violation of the principles

of the classic school, I cannot understand why it can be admitted in the

case of minors, but not in the case of adults. This is evidently an

expedient imposed by the exigencies of practical life, and only the

positive school of criminology can meet them by a logical

systematization. For the rest, indefinite segregation, such as we

propose for the most dangerous atavistic criminals, is a measure which

is already in use for ordinary lunatics as well us for criminal

lunatics. But it may be said that this is an administrative measure, not

a court sentence. Well, if any one is so fond of formulas as to make

this objection, he may get all the fun out of them that he likes. But it

is a fact that an insane person who has committed a crime is sent to a

building with iron bars on its gates such as a prison has. You may call

it an administrative building or a penal institute, the name is

unessential, for the substance alone counts. We maintain that congenital

or pathological criminals cannot be locked up for a definite term in any

institution, but should remain there until they are adapted for the

normal life of society.

This radical reform of principles carries with it a radical

transformation of details. Given an indeterminate segregation, there

should be organs of guardianship for persons so secluded, for instance

permanent committees for the periodical revision of sentences. In the

future, the criminal judge will always secure ample evidence to prove

whether a defendant is really guilty, for this is the fundamental point.

If it is certain that he has committed the crime, he should either be

excluded from social intercourse or sentenced to mate good the damage,

provided the criminal is not dangerous and the crime not grave. It is

absurd to sentence a man to five or six days imprisonment for some

insignificant misdemeanor. You lower him in the eyes of the public,

subject him to surveillance by the police, and send him to prison from

whence he will go out more corrupted than he was on entering it. It is

absurd to impose segregation in prison for small errors. Compensation

for injuries is enough. For the segregation of the graver criminals, the

management must be as scientific as it is now in insane asylums. It is

absurd to place an old pensioned soldier or a hardened bureaucrat at the

head of a penal institution. It is enough to visit one of those

compulsory human beehives and to see how a military discipline carries a

brutal hypocrisy into it. The management of such institutions must be

scientific, and the care of their inmates must be scientific, since a

grave crime is always a manifestation of the pathological condition of

the individual. In America there are already institutions, such as the

Elmira Reformatory, where the application of the methods of the positive

school of criminology has been solemnly promised. The director of the

institution is a psychologist, a physician. When a criminal under age is

brought in, he is studied from the point of view of physiology and

psychology. The treatment serves to regenerate the plants who, being

young, may still be straightened up. Scientific therapeutics can do

little for relapsed criminals. The present repression of crime robs the

prisoner of his personality and reduces him to a number, either in mass

imprisonment which corrupts him completely, or in solitary confinement,

which will turn him into a stupid or raving beast.

These methods are also gradually introduced in the insane asylums. I

must tell you a little story to illustrate this. When I was a professor

in Pisa, eight years ago, I took my students to the penitentiaries and

the asylum for the criminal insane in Montelupo, as I always used to do.

Dr. Algieri, the director of this asylum, showed us among others a very

interesting case. This was a man of about 45, whose history was shortly

the following: He was a bricklayer living in one of the cities of

Toscana. He had been a normal and honest man, a very good father, until

one unlucky day came, in which a brick falling from a factory broke a

part of his skull. He fell down unconscious, was picked up, carried to

the hospital, and cured of his external injury, but lost both his

physical and moral health. He became an epileptic.

And the lesion to which the loss of the normal function of his nervous

system was due transformed him from the docile and even-tempered man

that he had been into a quarrelsome and irritable individual, so that

he was less regular in his work, less moral and honest in his family

life, and was finally sentenced for a grave assault in a saloon brawl.

He was condemned as a common criminal to I don't know how many years of

imprisonment. But in prison, the exceptional conditions of seclusion

brought on a deterioration of his physical and moral health, his

epileptic fits became more frequent, his character grew worse. The

director of the prison sent him to the asylum for the insane criminals

at Montelupo, which shelters criminals suspected of insanity and insane

criminals.

Dr. Algieri studied the interesting case and came to the diagnosis that

there was splinter of bone in the man's brain which had not been noticed

in the treatment at the hospital, and that this was the cause of the

epilepsy and demoralization of the prisoner. He trepanned a portion of

the skull around the old wound and actually found a bone splinter lodged

in the man's brain. He removed the splinter, and put a platinum plate

over the trepanned place to protect the brain. The man improved, the

epileptic fits ceased, his moral condition became as normal as before,

and this bricklayer (how about the free will?) was dismissed from the

asylum, for he had given proofs of normal behavior for about five or six

months, thanks to the wisdom of the doctor who had relieved him of the

lesion which had made him epileptic and immoral. If this asylum for

insane criminals had not been in existence, he would have ended in a

padded cell, the same as another man whom I and my students saw a few

years ago in the Ancona penitentiary. The director, an old soldier, said

to me: "Professor, I shall show you a type of human beast. He is a man

who passes four fifths of the year in a padded cell." After calling six

attendants, "because we must be careful," we went to the cell, and I

said to that director: "Please, leave this man to me. I have little

faith in the existence of human beasts. Keep the attendants at a

distance." "No," replied the director, "my responsibility does not

permit me to do that."

But I insisted. The cell was opened, and the man came out of it really

like a wild beast with bulging eyes and distorted face. But I met him

with a smile and said to him kindly: "How are you?" This change of

treatment immediately changed the attitude of the man. He first had a

nervous fit and then broke into tears and told me his story with the

eloquence of suffering. He said that he had some days in which he was

not master of himself, but he recognized that he was good whenever the

attacks of temper were over. Without saying so, he thus invoked the

wisdom of human psychology for better treatment. There is indeed a

physician in those prisons, but he treats generally only the ordinary

diseases and is not familiar with special psychological knowledge. There

may be exceptions, and in that case it is a lucky coincidence. But the

prison doctor has also his practice outside and hurries through his

prison work. "They simulate sickness in order to get out of prison," he

says. And this will be so all the more that the physicians of our time

have not sufficient training in psychology to enable them to do justice

to the psychology of the criminal.

You must, therefore, give a scientific management to these institutions,

and you will then render humane even the treatment of those grave and

dangerous criminals, whose condition cannot be met by a simple

compensation of the injury they have done to others.

This is the function of repression as we look upon it, an inevitable

result of the positive data regarding the natural origin of crime.

We believe, in other words, that repression will play but an unimportant

role in the future. We believe that every branch of legislation will

come to prefer the remedies of social hygiene to those symptomatic

remedies and apply them from day to day. And thus we come to the theory

of the prevention of crime. Some say: "it is better to repress than to

prevent." Others say: "It is better to prevent than to repress." In

order to solve this conflict we must remember that there are two widely

different kinds of repression. There is the immediate, direct empirical

repression, which does not investigate the cause of criminality, but

waits until the crime is about to be committed. That is police

prevention. There is on the other hand a social prevention which has an

indirect and more remote function, which does not wait until crime is

about to be committed, but locates the causes of crime in poverty,

abandoned children, trampdom, etc, and seeks to prevent these

conditions by remote and indirect means. In Italy, prevention is

anonymous with arrest. That is to say, by repression is understood only

police repression. Under these circumstances, it is well to take it for

granted that some of the expected crimes will be carried out, for crimes

are not committed at fixed periods after first informing the police. The

damage done by criminality, and especially by political and social

criminality, against which police repression is particularly directed,

will be smaller than that done by the abuse inseparably connected with

police power. In the case of atavistic criminality, prevention does not

mean handcuffing of the man who is about to commit a crime, but devising

such economic and educational measures in the family and administration

as will eliminate the causes of crime or attenuate them, precisely

because punishment is less effective than prevention.

In other words, in order to prevent crime, we must have recourse to

measures which I have called "substitutes for punishment," and which

prevent, the development of crime, because they go to the source in

order to do away with effects.

Bentham narrates that the postal service in England, in the 18th

century, was in the hands of stage drivers, but this service was not

connected with the carrying of passengers, as became the custom later.

And then it was impossible to get the drivers to arrive on time,

because they stopped too often at the inns. Fines were imposed,

imprisonment was resorted to, yet the drivers arrived late. The

penalties did not accomplish any results so long as the causes remained.

Then the idea was conceived to carry passengers on the postal stages,

and that stopped the drivers from being late, because whenever they made

a halt, the passengers, who had an interest in arriving on time, called

the drivers and did not give them much time to linger. This is an

illustration of a substitute for punishment.

Another illustration. In the Middle Ages, up to the eve of our modern

civilization, piracy was in vogue. Is there anything that was not tried

to suppress piracy? The pirates were persecuted like wild beasts.

Whenever they were caught they were condemned to the most terrible forms

of death. Yet piracy continued. Then came the application of steam

navigation, and piracy disappeared as by magic. And robbery and

brigandage? They withstood the death penalty and extraordinary raids by

soldiers. And we witness today the spectacle of a not very serious

contest between the police who wants to catch a brigand, Musolino; and

a brigand who does not wish to be caught.

Wherever the woods are not traversed by railroads or tramways,

brigandage carries on its criminal trade. But wherever railroads and

tramways exist, brigandage is a form of crime which disappears. You may

insist on death penalties and imprisonment, but assault and robbery will

continue, because it is connected with geographical conditions. Use on

the other hand the instrument of civilization, without sentencing any

one, and brigandage and robbery will disappear before its light. And if

human beings in large industrial centers are herded together in

tenements and slum hotels, how can a humane judge aggravate the

penalties against sexual crimes? How can the sense of shame develop

among people, when young and old of both sexes are crowded together in

the same bed, in the same corrupted and corrupting environment, which

robs the human soul of every noble spark?

I might stray pretty far, if I were to continue these illustrations of

social hygiene which will be the true solution of the problem and the

supreme systematic, daily humane, and bloodless remedy against the

disease of criminality. However, we have not the simple faith that in

the near or far future of humanity crimes can ever be wholly eradicated.

Even Socialism, which looks forward to a fundamental transformation of

future society on the basis of brotherhood and social justice, cannot

elevate itself to the absolute and naive faith that criminality,

insanity, and suicide can ever fully disappear from the earth. But it is

our firm conviction that the endemic form of criminality, insanity, and

suicide will disappear, and that nothing will remain of them but rare

sporadic forms caused by lesion or telluric and other influences.

Since we have made the great discovery that malaria, which weighs upon

so many parts in Italy, is dependent for its transmission on a certain

mosquito, we have acquired the control of malarial therapeutics and are

enabled to protect individuals and families effectively against malaria.

But aside from this function of protecting people, there must be a

social prevention, and since those malarial insects can live only in

swampy districts, it is necessary to bring to those unreclaimed lands

the blessing of the hoe and plow, in order to remove the cause and do

away with the effects. The same problem confronts us in criminology. In

the society of the future we shall undertake this work of social

hygiene, and thereby we shall remove the epidemic forms of criminality.

And nine-tenths of the crimes will then disappear, so that nothing will

remain of them but exceptional cases. There will remain, for instance,

such cases as that of the bricklayer which I mentioned, because there

may always be accidents, no matter what may be the form of social

organization, and nervous disorders may thus appear in certain

individuals. But you can see that these would be exceptional cases of

criminality, which will be easily cured under the direction of science,

that will be the supreme and beneficent manager of institutes for the

segregation of those who will be unfit for social intercourse. The

problem of criminality will thus be solved as far as possible, because

the gradual transformation of society will eliminate the swamps in which

the miasma of crime may form and breed.

If we wish to apply these standards to an example which today attracts

the attention of all Italy to this noble city, if we desire to carry our

theories into the practice of contemporaneous life, if science is to

respond to the call of life, let us throw a glance at that form of

endemic criminality known as the Camorra in this city, which has taken

root here just as stabbing affrays have in certain centers of Turin, and

the Mafia in certain centers of Sicily. In the first place, we must not

be wilfully blind to facts and refuse to see that the citizens will

protect themselves, if social justice does not do so. And from that to

crime there is but a shot step. But which is the swampy soil in which

this social disease can spread and persist like leprosy in tin

collective organism? It is the economic poverty of the masses, which

lends to intellectual and moral poverty.

You have lately had in Naples a very fortunate struggle, which seems to

have overcome one of the representatives of the high Camorra. But can we

believe that the courageous work of a few public writers has touched the

roots of the Camorra in this city? It would be self-deception to think

so. For we see that plants blossom out again, even after the most

destructive hurricane has passed over them.

The healing of society is not so easy, that a collective plague may be

cured by the courageous acts of one or more individuals. The process is

much slower and more complicated. Nevertheless these episodes are

milestones of victory in the onward march of civilization, which will

paralyze the historical manifestations of social criminality. Here,

then, we have a city in which some hundred thousand people rise every

morning and do not know how to get a living, who have no fixed

occupation, because there is not enough industrial development to reach

that methodical application of labor which lifted humanity out of the

prehistoric forests. Truly, the human race progresses by two uplifting

energies: War and labor.

In primitive and savage society, when the human personality did not know

the check of social discipline, a military discipline held the members

of the tribe together. But war, while useful in primitive society, loses

its usefulness more and more, because it carries within itself the

cancer that paralyzes it.

While war compels collective groups to submit to the co-ordinating

discipline of human activity, it also decreases the respect for human

life. The soldier who kills his fellow man of a neighboring nation by a

stroke of his sword will easily lose the respect for the life of

members of his own social group. Then the second educational energy

interferes, the energy of labor, which makes itself felt at the decisive

moment of prehistoric development, when the human race passes from a

pastoral, hunting, and nomadic life Into an agriculture and settled

life. This is the historic stage, in which the collective ownership of

land and instruments of production is displaced by communal property,

family property, and finally individual property. During these stages,

humanity passes from individual and isolated labor in collective,

associated, co-ordinated labor. The remains of the neolithic epoch show

us the progress of the first workshops, in which our ancestors gathered

and fashioned their primitive tools and arms. They give us an idea of

associated and common labor, which then becomes the great uplifting

energy, because, unlike war, it does not carry within itself a disdain

or violation of the rights of others. Labor is the sole perennial energy

of mankind which leads to social perfection. But if you have 100,000

persons in a city like Naples who do not enjoy the certainty and

discipline of employment at methodical and common labor, you need not

wonder that the uncertainty of daily life, an illfed stomach, and an

anemic brain, result in the atrophy of all moral sentiment, and that the

evil plant of the Camorra spreads out over everything. The processes in

the law courts may attract the fleeting attention of public opinion, of

legislation, of government, to the disease from which this portion of

the social organism is suffering, but mere repression will not

accomplish anything lasting.

The teaching of science tells us plainly that in such a case of endemic

criminality social remedies must be applied to social evils. Unless the

remedy of social reforms accompanies the development and protection of

labor; unless justice is assured to every member of the collectivity,

the courage of this or that citizen is spent in vain, and the evil plant

will continue to thrive in the jungle.

Taught by the masterly and inflexible logic of facts, we come to the

adoption of the scientific method in criminal research and conclude that

a simple and uniform remedy like punishment is not adequate to cure such

a natural and social phenomenon as crime, which has its own natural and

social causes. The measures for the preservation of society against

criminality must be manifold, complex and varied, and must be the

outcome of persevering and systematic work on the part of legislators

and citizens on the solid foundation of a systematic collective economy.

Let me take leave of you with this practical conclusion, and give my

heart freedom to send to my brain a wave of fervent blood, which shall

express my enduring gratitude for the reception which you have given me.

Old in years, but young in spirit and energetic aspiration to every high

ideal, I tender you my sincere thanks. As a man and a citizen, I thank

you, because these three lectures have been for me a fountain of youth,

of faith, of enthusiasm. Thanks to them I return to the other fields of

my daily occupation with a greater faith in the future of my country and

of humanity. To you, young Italy, I address these words of thanks, glad

and honored, if my words have aroused in your soul one breath which will

make you stronger and more confident in the future of civilization and

social justice.

End of Project Gutenberg's The Positive School of Criminology, by Enrico Ferri

The Positive School of Criminology Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 · 第 5 / 5 段