More than any other class of social wreckers, the latter individuals have

been blamable for the rough-riding killer; firstly, because they have been

men, by and large, who should have been so pestled in the social crucible

as to have made it practically impossible for them to have veered so

grossly from essential human values, while confounding magnitudes; and

secondly, for the reason that they have wrecked in the teeth of the most

solemn opposition of those who have made a life's concentrated study of

that which makes and keeps men criminal: done it while breaking bread with

criminals, and done it with due regard for every known finite and infinite

influence that makes for the social rehabilitation of the repeating felon.

This one's fetich had to function before all else; that one's fad needs

must go a'riding, and no matter that the fundamentals limped on crutches;

another imagined himself the Moses to lead all to the reformative land of

promise; a fourth was cock-sure of his strictly individual balm with which

to work miracles of reform; yet had all of their magic been combined, and

used to the height of its power, it wouldn't have made so much as a dent

in case-hardened crime; it wouldn't, because nothing less than all-around

preparedness to put off crime will make a dent in crime; and that's

exactly what our friends have maneuvred to kill, is the ability of

singularly needy fellows to upstand in their own shoes and make an honest

living.

Baseball crowned King! Brutalities named to conceal their intrinsic curse!

Banal amusements still adjusted to the hands and minds of nearly-confirmed

social slackers! Perquisites stretched to the point of parting company

with common sense! Favoritism bestowed where it would supposedly carry for

the greatest advertising power in free life! Gross criminals, naturally of

the ground-hog type, and the nucleus of crime, practically left either to

shift for themselves, or smugly passed up to others for solution of their

pitiable problems! The gauge of reformative effort regulated to the

degenerate reactions of instinctive social wolves, at the expense of their

sore needs! And all done as if done from the peak of the hill of finite

prescience; in very fact, with gratuitous disregard of all of human

experience not seen from that hypothetical "hill."

In relation thereto, the crucial points are: true criminals think

substantially in the same measures as the writer writes; doing it,

habituals have done precisely what habituals naturally would do in the

circumstance, which is to say: they have ground grist bagged to their

liking and brought to their mill, and by the same token, they have moved

as one to refuse millings that didn't mate with their machinations.

Not a whit of false suggestion, an item of spurious method, a camouflaged

lie, an iota of bad example, nor a denatured piece of deviltry, has been

lost upon any but the least intelligent of lawbreakers; and even they must

have had veiled minds indeed, not to have understood.

In line with easy buttering of bread and the going pressure for banal

by-play in prison life, criminals and ex-criminals alike have outraged

truth in order to discredit men who had wished them well, and had acted

the part; but whether in the rôle of the dispossessed or dispossessing,

actual criminals have never for a moment stepped out of cadence with the

cardinal motif, which has been to bamboozle the blinkered: swallow-tail

criminologists preferred, because they are the easiest to gull.

Some have been gulled because a comprehensive understanding of that which

builds to given criminals, and then to their progressively serious crimes,

has been strangest to their striving. Others have been rendered

single-seeing through obsessional use of the monocular lens, given over to

proof of the presupposition. Still others must have hushed conviction in

order to meet this or that material consideration.

And certain of active workers in the work must have ridden as jockeys to

orders under false colors, since the inescapable exactions of reformative

endeavor cannot be misread by any tyro who will take a good look.

Hence it comes about that the crime problem works out substantially like

this: multiply the congenital predisposition of the average criminal to

commit crime, by the sum of the direct and indirect bids made for him to

do so, and you account naturally for the present carousal of crime in the

United States, engineered, in the main, by habitual criminals.

Pounding on such as the aftermath of the World War as acute cause for

crime, doesn't begin to pick to the bone. America had outfooted the

civilized world at breeding and nursing criminals, long before the

prospect of a foreign war had seeped into the national consciousness.

No doubt, certain of the legions of ex-criminals who sieved into the

national forces, here and abroad, for that war, were therefore emboldened

to take up the swing around the criminal circle at the completion of that

service; but if true, that were a mere flash in the pan as compared with

the daily grand total of crime committed in continental America.

If we are to catch up with crime and come up with the criminal, the

obscured fact is the fact that needs must take root and abide in American

minds. The obscured fact is, that infinitely more than the ideals from

which correctional plants are operated, the ideals from which such as

counting houses consummate--affect the grand ratios of crime.

So long as those at the top break moral law to bits and remain practically

immune to legal proscriptions in the breaking, so long will crowded-out

fellows at the bottom crack jokes over little things like penal codes.

However it goes with the rest of the world, America has reached the stage

of unfolding whereof inequity at a price won't work.

Nothing short of an enlightened national conscience will cut much of a

swath in the stand of crime; a conscience that holds every man to the open

mart, there to deal one-hundred cents to the dollar--give or take.

Remedial measures, taken as against the going saturnalia of crime the

country over, will perforce center on prevention. Remodelling crime-soaked

human clay won't cure the case.

First, then, purge the land of natural criminals and breeders of

criminals: this, in part, through restrictive immigration laws that

religiously restrict; in part by searching out resident agitators against

the public peace and security, and ticketing them for the countries whence

they came; and in part by confining home-brew habituals and keeping them

confined.

Secondly, begin instruction for a common virtue where children take on

bents for thinking and doing at maturity; which is to say: at the hearths,

and in the public schools of the land.

So much being admitted, it follows, with undeniable force, that the first

logical step in point to be taken by America, should be reëstablishment of

moral instruction in the public schools.

Thereof, America was steered, and steers for the rocks; for, "Just as the

twig is bent, the tree's inclined."

VII

CHAMOIS-SKIN CRIMINOLOGISTS

Chamois-skin is softest of leather made of the skin of the chamois.

The chamois abides on the loftiest ridges of the Alps and Pyrenees.

Roaming those mountains, he employs unusual keenness and scope of vision,

and displays singular agility in leaping from crag to crag, on which he

lands non-skidding hoofs. Otherwise, the little climber's means of defense

are negligible. While fleet of foot, he is at the mercy, in their domain,

of long-toothed hunters endowed with the greater cunning and stamina.

Similes miss the chamois-skin criminologist solely by the fact of

criminological stunts he essays, but cannot manage. Undismayed by finite

limitations, he dares the highest peaks of vision, from which he affects

to train all-seeing eyes; springs nimbly from height to height in the

mists of theory; rates them purblind mortals who dwell on the common plane

below; and comes croppers in attempt to prescribe for fellow unfortunates

who must needs work out life's problems close to the practical level.

A further attribute of the chamois-skin is its sponge-like capacity for

absorption. It has a voracious maw for either oil or water, and does its

best to combine them. Here, again, the parallel persists. Be the

idea-mixture of reform never so impossible, the mind of the chamois-skin

criminologist soaks it in, while he waxes cocksure of his call to euchre

nature with it at the game of synthesis.

Thereto hangs a sometime ludicrous, sometime tragic tale. It is ludicrous,

out of idiosyncratic conceptions of being and doing which out-fantasy

fantasy; and it is tragic, when the barren result is predicted by reactive

laws that can neither be shunted nor denied. Moreover, the more bizarre,

while bedeviled, the dream stuff, the more certain is the chamois-skin

criminologist that it should abide an action pattern in the brains of the

crime-ridden.

The idea may be that of an aesthete who is beyond suspicion of motive

other than to serve his kind, yet be charged with the most malignant of

anti-social germs. Take a case based cardinally on such an idea: as at

present pressed, it is that it is the first duty of the State to so

provide for the carefree recreation and amusement of recidivistic felons,

as to win their unqualified approval of that provision. In other words,

the correctional salve is bad medicine if it is not spread to the

instinctive reactions of many-times convicted felons.

No matter what their natural and acquired handicaps; no matter if they

elect to continue to "pick" a living, despite their fulsome lip service

for men and measures through which they calculate to ease the going to,

in, and from prison; no matter that they are baldly unskilled, and at

heart unregenerate, as evidenced by the fact of their collective

machinations to place the emphasis on the kind of prison activities that

helped clamp them to crooked masts in free life. No matter, in short, what

their industrial and social delinquencies, criminals must be fed up with a

plethora of baseball, moving-pictures, bone-rattling, play-acting and

prison banquets whereat "lifers" hurl anathema at hounds of the law, who

had the unthinkable temerity to "pinch" them, caught at riding rough-shod

over sun-lit thoroughfares.

The ominous narrative particularizes the "buzz-wagon" packed with gun-hung

thugs to whom ruthless murder is a mere incident of the chase. "On your

way!" shouts a rider, or riders, as the speed clutch is thrown in, and the

good God fend for those who would stop them.

"Go after them! Get them! Give them the full length of the law!" Surely!

Any genuine, game man sworn to do it feels the call to do no less. But

would you, in the face of probable death and the facts that the chances

are about three to one against your murderer being brought to trial, ten

to one against his sentence by the book, and eighty to one that he will

not suffer the death penalty? Essentially would you, if you pictured him

in prison carrying off the rôle of one under undue duress, backed by

would-be bellwethers of reform, who play up to his depraved instincts, and

down to the security of the commonwealth?

Certainty an agent of the law should execute the law, even unto the end,

else yield his shield. Still, guardians of the peace are not supermen, but

just humans, swayed with the great bulk of their brothers by impulse to

protect those dear to and dependent upon them.

However, the grand majority of peace officers would consummate under their

oaths if society wouldn't maintain odds, all along the line so close to

prohibitive in favor of the murderous parasite. So long as that is done,

both in and out of prison, so long will those in the first line of public

defense fight shy of the final alternative; and so long will the ratio of

apprehended murderers go down, instead of up.

And why not, when you cut to the heart of it? Why expect a man to leave

the wife to grub for good kiddies, to the end that pseudo-reformers may

chase chimeras in the clouds, while they speed by-choice criminals for the

abyss?

Yet it is done, though in the doing potential victims know that one of the

chosen lays of the chamois-skin charlatan is to imbue crass criminals with

contempt for the badge of authority; indeed, with contempt for any

visible sign that is not shaped to the frayed garments of his mind,

pendant-hung with non-reformative piffle.

The average habitual would earn the "moron's" tag so flippantly attached

to him, did he not vociferate for those who read the reform cards as he

would have them read. With everything to gain thereby he plans to gain,

and with naught to lose save that which he spurns, he would be a near

dunce indeed, should he cross the bids of him who abets his oblique

selections.

Make actual soundings for motives, and it is clearly understandable why

self-determining criminals would putter and play ball in prison, while

refusing enhanced knowledge and skill. In very fact, ulterior designs are

inevitably adumbrated in constantly lowering industrial and associated

averages.

Because the kind of getting along in question involves fateful compromise

with a certain class of felons, it is that they always constitute the

nucleus of crime in America. Hence it is, too, that just those prisons

whose press agents push it along in print as to how miraculously they "get

along" with their charges, are just the prisons wherein "industrial and

associated averages" are lowest of the low.

How could it be otherwise when the primal duty of a correctional plant is

to fix it firmly in minds trained on the counterview, that the individual

must shift to "get along" with the State, or be brushed aside. The

immediate mandate is doubly binding at a time when the hand of Anarch

rests heavily on the peoples of earth, albeit that is but a passing phase

of mob hysteria, for which natural laws must effect a cure, if man does

not.

With prison methods it is essentially different. Thereof it is most

unfortunately within the power of the miscalled and misguided to put the

prison finish on the predal felon, and thus penalize him so plainly as to

leave him barely a fighting chance for social reinstatement.

The average employer cares not a rouble about propaganda paraded in the

limelight by chamois-skin criminologists, other than that mental gyrations

have naught to do with the hand-tool and other processes of training that

are at once broadly educative. He does and must, first of all, protect his

trial balance. Mostly he "has a heart," also he has to watch out for the

leaks; and so the bars of his mind shut out the unskilled, crime-tainted

roustabout who is probably an instinctive agitator for an unfair day's

work and pay. Therefore the pitiable plight of many would be--decent

ex-convicts on parole who go bang up against the bars.

The practical deadlock, established as between the deserving few and the

self-protecting many, is primarily the fault neither of the employer who

has been the victim of so much of basest ingratitude, nor of the

well-intentioned ex-convict who is faced about until he throws up his

hands in disgust and has recourse, once again, to the caveman's working

tools.

Perhaps prisoners should probe to the fallacy of lauding mock schemes of

reformation; but that's beside the mark of initial responsibility for

those schemes, which rests with the architects of them. Again, an

imprisoned felon who has determined to "pull straight" following his

discharge, may be shriven of serious blame for either active or passive

participation in procedure which furthers his early parole. To falsely

tempt a prisoner with freedom is not a fair shake, even though he knows it

to be unearned freedom, and that, being nearly unequipped, he cannot hope

to meet the exactions of the free-life working day. Whereas for those who

bait prison hooks with industrial dynamite, there is no defense.

The fuse is set as soon as our man plants his feet on free soil. He is

suspect fundamentally for the reason that the prison régime that turned

him out is suspect. Hard-headed men are not to be bamboozled into belief

in reform by near approach to "sweet doing nothing." They know that if

they had to build up their characters and bank credits while negotiating

tough going and enduring under hard knocks, the character and aims of an

instinctively non-social drone are not to be changed ever by his lame

dashes of prison endeavor, plus a few pats on his back.

The crash comes when the ex-convict tries to market a modicum of cheap

skill taken on in prison. Aside from the fact that crime-free journeymen

mechanics work grudgingly with the crime-branded, he has nothing

commanding to offer when and where processes of elimination follow natural

grooves. Therefore he is turned down again and again until he turns up

incorrigibly embittered before a committing magistrate, with his heart

drawn to contempt for prison-acquired counterfeit of skill that brought

him no better than gibes and refusals.

Thinking on it how criminological punters helped chart his criminal course

doesn't salve the social wounds of the crowded-out derelict, nor does it

ease his chronic grouch against the social structure; it doesn't,

primarily, because he is quite surely a self-centered egoist who holds

himself cheated by gentlemen who schooled him after his own belief to the

effect that the world owes him "easy pickin'."

When the "pickin'" reduces to the likes of the pick, our man stands at the

parting of the ways with his jaws set. Being what he is placed as he is,

and thinking as he thinks, he naturally envisages such as the burglar's

outfit as means by which he can "square" himself. As he senses it, society

has held him up ruthlessly. All right, then, "hands up" it is; and be

quick about it, or brave the bark of his automatic.

There he is, the usual sum of him, as born, raised, environed and

institutionalized.

What's to be done about it? Since society has had a hand in the unmaking

of him at every step of his career from his first conscious thought, what

has society to propose that will undo, at least in part, the harm done to

him. "What," the criminological tyro would ask, "is the remedy"?

Well, there isn't any, one, remedy. There is not through finite means on

earth. He now presents the complex of complexes: a soured, instinctively

degenerate, desperate man, who educes that he has been "double-crossed" by

society all of the way, and who smarts under the sting of social anathema;

for he, too, "has a heart," though it may be hidden from the common view

under crooked curves. Above all, he wants no more of tossed donatives with

their false promise of the bon-bons of life, to be snatched out of the

air. He further indulges self pity with the belief that society aims to

keep him outlawed. Therefore he elects to let it go at that--and the

quicker trigger finger.

Whereas common-sense correctional measures applied in time and prosecuted

along educational lines, might well have pointed him for honest money, he

must now be met with the mailed fist. First off, there is nothing for it

but to oppose the cumulative force of the commonwealth to the vintage a

hyenaized anti-social unit would brew. Going about it, the first necessary

step is to set the brakes down hard on spurious guardians of the peace,

cold-shut politicians, and pseudo-penologists who use him to line their

purses. Then follow up substantially like this:

(1) Make the commitment fit him. Commit him to the penal institution that

squares with his classification as a criminal. Bar him, essentially, from

Simon-pure reformatories, manned and equipped to serve first-offending

felons. That involves the establishment of a centralized clearing bureau

of anthropometry to which any magistrate in the United States could refer

for information as to the backward trail of a convicted felon before him

for sentence. Lack of such a bureau constitutes the weakest link in the

chain of American jurisprudence.

(2) If he is other than an "habitual," so sentenced, and having committed

him to a prison of last resort, where he belongs, hold him there until he

shall have given fairly-presumptive evidence of his determination to make

an honest living. To such an end, his sentence must needs be strictly

indeterminate, and his parole contingent upon the manner in which he

reacts to fundamental reformative processes. Particularly, his trade

markings will tell reliably as to whether or not he is set for social

rehabilitation. If those markings persist at the indifferent point of

percentage, he is intrinsically "faking"; he is faking, in spite of his

insistence upon the uniquely benign influence of sporting activities and

associated imagery and amusement by which he has been and is being

cheated.

In such instance, he must be brought up with a round turn for very much

higher averages. Palpably, too, those who school him to spurn basic

results while they preen his sporting feathers, should be searched out and

set down; for, taken by and large, the sporting instinct run amuck is the

capital curse that stalks the average criminal rounder. More than that,

the illegal acts of the occasional, circumstantial felon, who is not

criminal at heart, nearly always trace to an acquired habit of mind that

chains him to one or several of the poisonous by-products of pure sport.

(3) In attempt to steer him aright, stick to him with something like the

patience the Saviour would have stuck to him in like circumstance. Do for

him every sane, practicable thing, and do to him nothing that smacks of

ignoble revenge.

On the other hand, have done with maudlin makeshifts for just social

reprisal. No State that balks at visiting condign discipline on habitual

lawbreakers, can endure well-ordered. The moment a man holds himself above

the general law, that moment he aligns against human progress. Therefore

make him not the semblance of apology for meeting cardinal crime with

cardinal punishment. Moreover, plainly term it punishment, advisedly

devised to bring it home to the predatory brute that "comin' a shootin'"

for another's belongings does not earn him "sleepin' time" in a prison

wherein he can indulge sporting predilections for him accursed; and

wherein there is "No (actually reformative) work, plenty of eats, and a

bum argument every minute."

Save for our addition in parenthesis, the above-quoted phrase is that of a

many-offense criminal who picked and chose while confined in what he

enthusiastically called "some joint," and what the cult chamois-skin refer

to as a model, "get along" reformatory for advanced felons.

The message was mailed to a "pal," who, with the penman, was convicted of

knocking down a drunken sailor with a slung-shot, beating him into

insensibility, and stripping him of his money and valuables "in front of

No. 9 Bowery," New York City.

The words of the message mix to a perfect broth. They adumbrate

institutional farce made of the mandatory predicates of penal law, through

marking time to the mental meanderings of chamois-skin criminologists.

(4) So order prison régimes that they shall serve the commonwealth, and

should serve the prisoner; serve the commonwealth by enforcing penal codes

written primarily to prevent crime, but which such as the murderous

recidivist make it necessary to make repressive for the protection of

society; and serve the prisoner through affording him every sane chance to

forge ahead and face life squarely.

In the process, heaping reprisal should be religiously refused as less

defensible than the reverse. Petty penalties that issue against perfectly

natural while harmless expressions, are essentially baneful.

Criminal Types · 第 6 / 12 段