CHAPTER XIII

CRIME

The problem of crime is one of the great problems of social pathology.

There have been developed, in order to deal with this problem

scientifically, a number of subsidiary sciences, especially Criminology

and Penology, which are sciences dealing with the causes, nature, and

treatment of crime. We cannot therefore deal with this problem

adequately in this chapter, but again must refer the student to the

literature on the subject.

The Definition of Crime.--The best definition of crime and the simplest

is that it is a violation of law. It is evident from this definition

that crime is primarily a legal matter; and as laws vary from age to age

and from country to country, so too the definition of crime varies.

Nevertheless, because crime is a variable quantity that does not make it

impossible of scientific treatment; for law itself is only one aspect or

phase of the social life, namely, that which has to do with the control

of conduct through organized social authority. Therefore, while crime is

primarily a legal matter, it is also a social matter and has at the same

time psychological and biological implications. While crime is an

expression of social maladjustment defined by the law differently under

different circumstances, it nevertheless has psychological and

biological roots; and these we must take into account in a scientific

study of crime.

The simplest and best definition of the criminal accordingly is a

violator of the law. However, because the criminal lacks social

adjustment the causes of this lack of adjustment are very often in

certain psychological and biological conditions of the individual. While

the criminal is defined by the law differently from age to age, he is

nevertheless under all circumstances the socially peculiar and sometimes

the psychologically and biologically peculiar person. Under all

circumstances he is a variation from his group; and whether the causes

of his variation are psychological or biological is the problem that

concerns us.

But in the group of socially maladjusted persons whom we call criminals

are many classes and it is necessary to note the chief of these classes

before we can understand the many causes of crime.

_The classification of criminals_. The legal classification of

criminals according to the nature of their crime is manifestly of no use

for scientific purposes. What we need is a classification of criminals

according to their own peculiar nature. Inasmuch as the nature and

conduct of a criminal person is largely a matter of his psychology the

most scientific classification of criminals must be upon a psychological

basis; and a simple psychological classification can be made upon the

basis of habit, that is, as to whether the habit of crime is inborn,

acquired, or not yet formed. According to this classification then there

are three main classes of criminals: (i) The instinctive or born

criminal. This is a person in whom the tendency to crime is inborn, and

this inborn tendency is always due to some congenital defect. The most

common type of the instinctive or born criminal is the moral imbecile, a

person only slightly mentally defective who cannot distinguish right

from wrong. It is evident that in the instinctive or born criminal

biological causes of crime predominate. This class is however relatively

small among the general criminal class, and it is estimated by experts

that it constitutes not more than from 10 per cent to 15 per cent of our

prison population. (2) The habitual criminal. The habitual criminal is a

normal person who has acquired the tendency to crime from his

environment. The most marked type of the habitual criminal is the

professional criminal, who is frequently a person above the average in

ability and who deliberately chooses a career of crime, taking the risks

of his calling. It is evident that the professional criminal class is

the most dangerous class of criminals with whom society has to deal. A

more common type of habitual criminal, however, is the occasional

habitual criminal, a weak person who drifts into crime through

temptation and who has not strength of character enough to throw off the

habit. It is estimated that habitual criminals of both types mentioned

constitute from 40 per cent to 50 per cent of our prison population. (3)

The single offender. The single offender is a normal person who commits

only a single crime through some sudden stress or temptation, but lives

ever after a law-abiding life. The two types of the single offender are

the criminal by passion and the accidental criminal. The criminal by

passion is a moral, and oftentimes a conscientious, person who commits a

crime through some sudden stress of passion, under great provocation.

The accidental criminal, on the other hand, is the weak type of moral

person who yields once through some sudden temptation, but who regrets

it ever afterward. It is estimated that single offenders constitute from

40 per cent to 50 per cent of our prison population. Strictly speaking,

they are only legal criminals, and not criminals in the sociological

sense, being relatively moral and law-abiding citizens whose variation

from the normal is confined to some single offense. Nevertheless, single

offenders constitute, as we have already seen, a very considerable

proportion of our prison population.

If this classification of criminals is correct, it is evident that it is

very important both in studying the causes of crime and in devising

practical measures for dealing with the criminal class; for the

instinctive criminal, the habitual criminal, and the single offender

manifestly need very different methods of treatment. One of the gravest

faults of the criminal law and of penal institutions hitherto is that

they have not provided for the different treatment of different classes

of criminals.

The Extent of Crime in the United States.--According to the United

States census there were in prisons on June 30, 1904, a total of 81,772

prisoners above the age of five years serving sentences. Of this number

77,269 were males and 4503 were females; again, 55,111 were whites, and

26,661 were colored. Classified according to the prisons in which they

were found, 53,292 were in state penitentiaries, 7261 were in state

reformatories, 18,544 were in county jails, and 2675 were in city

prisons. These were only the persons serving prison sentences. An

unknown number were in county and city jails awaiting trial and serving

out fines. Again, it must be remembered that this was simply the prison

population on a single day, June 30, 1904. During 1904 there were,

according to the census, 149,691 persons committed to prisons to serve

sentences. To all of the above we must add also the 23,034 juvenile

delinquents who were found, on June 30, 1904, in the juvenile

reformatories of the United States.

Unfortunately we have no figures from previous censuses with which we

can compare the above, as the census of 1890 and previous censuses

included prisoners awaiting trial. In 1890, however, there were,

deducting the 15,526 awaiting trial and serving out fines, 66,803

persons above the age of five years serving sentences.

These prison statistics, however, give us little idea of the actual

amount of crime in the United States, because they include only the

persons committed to prison to serve sentences, and do not include the

vast number who escape the meshes of the law or who simply receive

fines, or whose sentences are suspended. It is estimated by competent

authorities, basing their estimate upon the number of known convictions

of crime in certain large cities, that there are not less than 1,000,000

convictions for crime, annually, in the United States--including, of

course, convictions for both felonies and misdemeanors. That this is not

an excessive estimate may be indicated by the fact that in the state of

New York alone in 1900, a year before the custom of suspending sentence

on probation came so largely into vogue, there were nearly 100,000

commitments to prison.

All these figures, however, fail to give us any very correct idea of the

amount of serious crime in the United States--the prison statistics,

because they understate the matter, the statistics of convictions,

because they overstate. A peculiarity about serious crime in the United

States, it must be remembered, is that so many persons escape through

the meshes of the law, and this is particularly true in the case of the

characteristic American crime of homicide. An enterprising newspaper,

_The Chicago Tribune_, has for years, with the help of the

Associated Press, collected statistics of homicide and suicide in the

United States. While these statistics seem relatively incomplete and

inaccurate for the earlier years, since 1892 they present every

appearance of great accuracy, and have not been seriously impugned.

According to these statistics the United States has had for the last

dozen years from six to ten thousand cases of homicide annually,

including all cases where one person has killed another. In 1896 the

number was 10,652, in 1899, 6225; in 1900, 8275; in 1904, 8482; in 1906,

9350; in 1908, 8592. The census of 1904 showed only 2444 persons

committed to prison for homicide in that year, but these figures are not

in conflict with those of _The Chicago Tribune_, because the census

statistics omit the vast number of persons who committed homicide but

who escaped, were not convicted, were killed, or for some other reason

failed to show up in the statistics of commitment. Accepting _The

Chicago Tribune's_ figures as relatively accurate, it may be remarked

at this point that the number of homicides is far greater in the United

States than in other civilized countries, with the exception of Italy,

Spain, and some other countries of the Mediterranean region. England,

for example, has only between three and four hundred cases of homicide

annually as compared with our six to ten thousand, although England's

population is about 30,000,000 as against over 80,000,000 for the United

States. The greatest number of these homicides take place in the

Southern and Western states, Texas leading, according to the statistics,

with about one thousand homicides annually. This suggests that to some

extent our high homicide rate is due to the survival of frontier

conditions in a large number of the states, although it is probably even

more due to American individualism and lawlessness, the tendency of

every man to take the law into his own hands.

There can be no doubt that the amount of serious crime in the United

States is relatively high, although there is no reason to believe that

the serious crimes against property are proportionate to the serious

crimes against persons.

_The Cost of Crime in the United States_. The Hon. Eugene Smith, a

lawyer of New York city, in a paper read before the National Prison

Association in 1900, estimated that the criminal population of the

United States costs not less than $600,000,000 annually. He based his

estimate upon the cost of crime in New York city and other large cities

of the country. He found that the probable expenses of government in the

United States attributable to crime, that is, the cost of police,

criminal courts, prisons, and other institutions connected with the

prevention and repression of crime, amounted to about $200,000,000 per

year. This is the amount paid by the taxpayers for the repression and

extirpation of crime annually. In addition there is the cost of the

criminal class through the destruction of property, their plunder, and

the like. Mr. Smith estimated that there were no less than 250,000

dangerous criminals in the United States and that each such criminal

cost the people of the United States, on the average $1600 annually.

Accordingly, the 250,000 criminals would cost a total of $400,000,000

annually, which, added to the $200,000,000 paid out in taxes for the

repression of the criminal class and protection against crime, makes a

total of $600,000,000 paid out every year by the people of the United

States as the cost of supporting the criminal class. While this figure

seems enormous, careful students of the matter consider that it is an

underestimate rather than an overestimate of the total cost of crime. We

may compare the amount with certain other figures. The cost of public

education in the United States is about $350,000,000 annually; the

annual value of our wheat crop is about $600,000,000, and of our cotton

crop about the same. It is evident that the problem of crime is worthy

of serious study even from a financial standpoint alone.

_Is Crime Increasing?_ How we answer this question will, of course,

depend upon the length of time considered. We have no statistics going

back further than fifty years in this country. Moreover, it is entirely

possible to hold that while crime has decreased during the historic era

among civilized peoples, it has increased during the last twenty-five or

fifty years. All statistics of crime in the United States seem to show

that it has increased. In 1850 for example, the number of prisoners was

6737 which was one prisoner to every 3442 of the population. But the

census of 1850 was seriously defective, and we would better take the

census of 1860 as the basis of our comparison. In 1860 the census showed

a total prison population of 19,086, which was one prisoner to every

1647 of the population. In 1890 the census showed 82,329 prisoners in

the total population, which was one in every 757. In other words,

between 1860 and 1890 the total population of the country just doubled,

while the number of prisoners quadrupled. Inasmuch as the census of 1904

was taken upon an entirely different basis, we cannot bring the

comparison down to that year.

The value of these statistics has often been questioned, but it has been

questioned chiefly by people who have not taken other corroborative

evidence into account. The chief corroborating evidence is to be found

in the statistics of prisoners in our state prisons from 1880 to 1904.

Now only those are sent to state prisons who are guilty of felonies, and

the length of term of sentence in our state prisons has steadily

shortened during the last twenty-five years, while within the last few

years the practice of suspending sentence on probation for first felons

has been largely introduced. We should expect, therefore, a decrease in

the state prison population in proportion to the general population. But

we find that the number in state prisons rose from 30,659 in 1880, to

45,233 in 1890, an increase of 47.5 per cent, while the general

population increased only 24.86 per cent. Again the number rose in 1904

to 60,553, an increase of 33 per cent, while the general population

increased about 30 per cent. Apparently, therefore, the amount of

serious crime in the United States is increasing more rapidly than the

population. Corroborating evidence is also found from Massachusetts

statistics, which indicate that between 1850 and 1880 the prison

population increased twice as rapidly as the general population. Other

evidence could be cited, but the statistics of our state penitentiaries

may be considered conclusive when all facts are taken into

consideration. There is apparently no escape from the conclusion that

serious crime between 1880 and 1904 increased more rapidly than the

population.

The amount of minor offenses, every one admits, has increased. The

statistics of all European countries show this, and there is no reason

to suppose that the United States is an exception in this regard.

England is the only country of the civilized world in which there has

been apparently a decrease in proportion to population of both serious

crimes and minor offenses. This decrease of crime in England may be

attributed largely to England's excellent prison system, and also to the

swiftness and certainty of English courts of justice.

The Causes of Crime.--The causes of crime may be classified best, as we

classified the causes of poverty, into objective and subjective.

Objective causes are those outside of the individual, in the

environment; subjective causes are causes in the individual, whether in

his bodily make-up or his mental peculiarities.

_The Objective Causes of Crime_. The objective causes of crime may

be divided into causes in the physical environment and causes in the

social environment. The causes in the physical environment are

relatively unimportant, but are worthy of note as showing how many

various factors enter into this social phenomenon of crime. Climate and

season seem to be the two chief physical factors that influence crime;

and in connection with these we have two general rules, abundantly

verified by statistics; namely, crimes against the person are more

numerous in southern climates than crimes against property; and again

crimes against the person are more numerous in summer than in winter,

while crimes against property are more numerous in winter than in

summer. All this is of course simply an outcome of the effect of climate

and season upon general living conditions.

The causes of crime in the social environment are of course much the

most important objective causes of crime, and, many students think,

altogether the most important causes of crime in general. Let us briefly

note some of the more important social conditions that give rise to

crime.

(1) Conditions connected with the family life have a great influence on

crime; indeed, inasmuch as the family is the chief agency in society for

socializing the young, perhaps domestic conditions are more important in

the production of crime than any other set of causes. We cannot enter

into the discussion of the matter fully, but we have already seen in

former chapters that demoralized homes contribute an undue proportion of

criminals. It is estimated by those in charge of reform schools for

delinquent children that from 85 to 90 per cent of the children in those

institutions come from more or less demoralized or disrupted families.

Illegitimate children notoriously drift into the criminal classes, while

dependent children who grow up in charitable institutions are prone also

to take the same course. Domestic conditions have of course an influence

on the criminality or non-criminality of adults. This is best shown

perhaps by the fact that the great proportion of criminals in our

prisons are unmarried persons. Thus the United States prison census of

1904 showed that 64 per cent of all prisoners were single persons.

Statistics from other countries are practically the same. This means

that, on the one hand, the family life is a preventive of crime, and on

the other that the socially abnormal classes who drift into crime are

not apt to marry.

(2) Industrial conditions also have a profound influence upon criminal

statistics. Economic crises, hard times, strikes, lockouts, are all

productive of crime. Quetelet, the Belgian statistician, thought that

the general rule could be laid down that, as the price of food

increases, crimes against property increase, while crimes against

persons decrease. At any rate, increase in the cost of the necessities

of life is very apt to increase crimes of certain sorts.

The various industrial classes show a different ratio of criminality. In

general among industrial classes the least crime is committed by the

agricultural classes, while the most crime is committed by the

unemployed or those with no occupation. The census of 1904 showed that

50 per cent of all prisoners that year were non-agricultural laborers or

servants.

(3) The demographical conditions, conditions concerning the distribution

and density of the population, have an influence upon crime. In general

there is more crime in the cities than in the country districts. The

statistics of all civilized countries seem to show about twice as great

a percentage of crime in their large cities as in the rural districts.

(4) The influence of race and nationality seems to be marked in criminal

statistics. We have already noted that the ratio of criminality among

the negroes in the United States is from four to five times higher than

among the whites. We have also seen that among our recent immigrants the

Southern Italians have a pronounced tendency to crime, especially

serious crime. Among our older immigrants the Irish on the other hand,

owing largely to their love of liquor, have a pronounced tendency toward

minor offenses. Even in 1904, 36.2 per cent of the foreign-born

prisoners were Irish, while the Irish constituted but 15.6 per cent of

the total foreign-born population.

(5) Defects in government and law are among the most potent causes of

crime. These are so numerous that we cannot attempt even to mention all.

It is obvious that such things as too great leniency on the part of our

judges and shortness of sentence if convicted; difficulty or uncertainty

in securing justice in criminal courts; costliness of obtaining justice

in our civil courts; bad prison systems in which first offenders and

hardened criminals mingle; lack of police surveillance of habitual

criminals; corrupt methods of appointing the police; partisanship in the

administration of government, and the like, all conduce to crime. And

many of these things, we may add, have been especially in evidence in

America.

(6) Educational conditions have undoubtedly a great influence upon

crime. While education in the sense of school education could never in

itself stamp out crime, still defective educational conditions greatly

increase crime. This is shown sufficiently by the fact that illiterates

are much more liable to commit crime than those who have a fair

education. The prison census of 1904 showed that 12.6 per cent of the

prisoners were illiterate, while only 10.7 per cent of the general

population were illiterate; and of the major offenders not less than 20

per cent were illiterate.

The defects in our educational conditions which especially favor the

development of crime in certain classes are chiefly: lack of facilities

for industrial education, lack of physical education, and lack of

specific moral instruction. The need of these three things in a

socialized school system need not here be more than emphasized.

The influence of the press as a popular educator must here be mentioned

as one of the important stimuli to crime under modern conditions. The

excessive exploitation of crimes in the modern sensational press no

doubt conduces to increase criminality in certain classes, for it has

been demonstrated that crime is often a matter of suggestion or

imitation. When 75 per cent of the space in our daily newspapers is

taken up with reports of crime and immorality, as it is in some cases,

it is not to be wondered at that the contagion of crime is sown

broadcast in society.

(7) The influence of certain social institutions in producing crime must

be mentioned. Here comes in especially the lack of opportunity for

wholesome social amusements among our poorer classes, particularly in

our large cities. Lacking these, the masses resort to the saloon,

gambling-houses, cheap music and dance halls, and vulgar theatrical

entertainments. The influence of all of these institutions is

undoubtedly to spread the contagion of vice and crime among their

patrons.

(8) The influence of manners and customs upon crime cannot be

overlooked. The custom in certain communities, for example, of carrying

concealed weapons undoubtedly has much to do with the swollen homicide

statistics of the United States. Vicious and corrupting customs, such as

compulsory social drinking, and the like, undoubtedly greatly influence

crime. Even the luxury and extravagance of the rich might easily be

shown to have a demoralizing effect, both upon the upper and the lower

classes of society.

The list of causes of crime in the social environment might be

indefinitely extended until the student would perhaps think that

practically everything was a cause of crime in one way or another; and

it is true that everything that depresses men in society is a cause of

crime. However, if the student has gained an impression of the great

complexity of the causes of crime, that is the main thing.

A question may here be raised whether it is possible to reduce all the

causes of crime to causes in the social environment--that is, all

subjective causes to objective. Many writers have contended that this is

possible, but we shall see that there are causes in heredity and causes

in psychological conditions, to say nothing of some possible free will

in individuals, which cannot be derived from social conditions and which

would produce crime quite independent of objective social conditions,

unless these subjective factors were also controlled. There is no reason

to believe that a perfectly just social organization which did not

attempt to control heredity and the moral character of individuals would

succeed in eliminating crime. On the contrary, biological variation

alone arising from influences independent of the environment would

produce a certain amount of crime. Crime, in other words, is, to a

certain extent, like pauperism, an expression of the elimination of the

inferior variants in society, and will continue to exist as long as we

allow the process of evolution by natural selection to go on.

Nevertheless, it is true in a certain sense, as Lacassagne says, that

"every society has the criminals it deserves;" that is, every society

could, by taking proper means, practically eliminate crime and the

criminal class. This would have to be done, however, by something more

radical than a mere reorganization of human society in an industrial

way. Three things are necessary for society practically to eliminate

crime: first, the correction of defects in social conditions,

particularly of economic evils in society; second, the proper control of

physical heredity by a rational system of eugenics; third, the proper

education and training of every child for social life from infancy up.

_The Subjective Causes of Crime._ In order to see all that is

involved in the above program let us study somewhat the subjective

causes of crime. These may be divided into biological and psychological.

Among the biological causes of crime, and one which certainly cannot be

reduced to the environment, is sex. As we have already seen, crime is a

social phenomenon which is chiefly confined to the male sex. In 1904,

for example, 94.5 per cent of the prison population in the United States

were males, and in the statistics of convictions it is estimated that

ninety-one men are convicted for every nine women. The statistics for

all civilized countries show practically the same conditions, although

in most European countries the proportion of female prisoners is

somewhat higher, owing, undoubtedly, to certain influences in the social

environment.

Another subjective factor in crime, which again cannot be reduced to

environment, is age. Practically all crime falls in the active period of

life, and the bulk of it between the ages of twenty-one and forty years.

The average of men in our state penitentiaries is frequently not above

twenty-seven or twenty-eight years.

Other subjective biological conditions that cause crime may be summed up

under the word "degeneracy." These abnormal conditions, however, we

shall examine later.

Among the psychological conditions of the individual that give rise to

crime the most common are habits, aims, and ideals. Of peculiar interest

among personal habits that have an influence upon crime is intemperance,

and this is such an important cause of crime that we must stop to

examine it in some detail. It is often said that 95 per cent of the

crime of our country results from this cause alone. The Committee of

Fifty, however, investigated the cases of 13,402 convicts with reference

to this matter, and found that intemperance was a cause of crime in the

cases of 49.95 per cent. It was a chief cause of crime, however, only in

the cases of 31.18 per cent. In the remaining cases the intemperance was

that of ancestors or associates. Other investigators have found that

intemperance figures as a cause of crime in from 60 to 80 per cent of

the cases, but these investigations were not so full as that of the

Committee of Fifty, and it is safer to conclude, for the present at

least, that intemperance figures as a cause in about fifty per cent in

the cases of serious crime. The wonder is that any one cause could

figure in so many cases when there are so many varied influences in

society depressing men. Of course intemperance can, as has already been

said, in large part be ascribed to the influence of external stimuli in

the environment, but it has also causes in the biological and

psychological make-up of certain individuals that cannot be easily

reduced to environmental factors.

_Influence of Physical Degeneracy upon Crime_. By degeneracy we

mean, to use Morel's definition, "a morbid deviation from the normal

type." That is, degeneracy is such an alteration of organic structures

and functions that the organism becomes incapable of adapting itself to

more or less complex conditions. Ordinary forms of degeneracy that are

well recognized are feeble-mindedness, chronic insanity, chronic

epilepsy, congenital deaf-mutism, habitual pauperism, and the like. Now

there can be no doubt that criminality in some of its forms is related

to these functional forms of degeneracy. Even ordinary people have

noticed its similarity to insanity, while Lombroso has traced an

elaborate parallel between criminality and epilepsy. Without accepting

extreme views, it may be claimed that criminality is, in some cases, a

form of biological degeneracy for the following reasons:

(1) The investigations of criminal anthropologists have established the

fact that criminals as a class present a much larger number of

structural and functional abnormalities than does the average man. The

prisoners in our state prisons, for example, with few exceptions, could

not measure up to the requirements laid down by the United States Army

authorities for the enlistment of soldiers.

(2) Investigations, like that of the Jukes family by Dr. Dugdale, have

established the fact that criminals, paupers, imbeciles, drunkards,

prostitutes, and other degenerates frequently spring from the same

family stock. A very large percentage of the prisoners in our prisons

have come from more or less degenerate family stocks.

(3) Criminals more often show other forms of degeneracy than criminality

than does the average population; that is, criminals often belong to one

of the well-recognized degenerate classes, such as imbeciles,

epileptics, and insane.

These three arguments may be considered to be conclusive proof that

criminality is in some cases a manifestation of physiological

degeneracy; but they do not show that the bulk of criminals come from

physiologically degenerate stocks. On the contrary it is highly probable

that the marks of physiological degeneracy are not to be seen in from

more than 25 to 30 per cent of our criminal class. These marks of

degeneracy are of course especially common among the instinctive or born

criminals, and to some extent they are found among the habitual

criminals also.

_The Influence of Heredity on Crime_. A word must be said about the

influence of heredity on crime. The student will remember that,

according to the modern theory of heredity, acquired characters, or

characteristics, are not transmissible. Accordingly, when we find crime

running in a family for generations, as in the Jukes or Zero families,

we must assume either that the criminal tendency is transmitted by the

social environment or that it is due to some congenital variation in

some ancestor. In other words, if a person is a criminal by hereditary

defect, if the criminal tendency is born in him, as it is in the

instinctive criminal, he will transmit the tendency toward crime to his

offspring; but if a normal person becomes a criminal by acquired habit

he will transmit no tendency toward crime to his children, although his

children may of course acquire the tendency from their social

environment.

This is not saying, however, that in such cases as habitual drunkenness

and habitual vice an impaired constitution may not be transmitted to

offspring. But this, strictly speaking, is not the transmission of any

specific acquired characteristic, but only a general transmission of

impaired vitality which may show itself in crime and in various forms of

degeneracy. The germ cells are of course a part of the body, and

anything that profoundly impairs the nutrition of the body generally,

such as alcoholism and constitutional diseases, would also impair the

nutrition of the germ cells, and result in a weakened constitution in

offspring.

_Lombroso's Theory of Crime_. Lombroso, and the Italian school of

criminologists generally, attribute crime chiefly to atavism, that is,

reversion to primitive types. They claim that the criminal in modern

society is merely a biological reversion to the savage type of man; that

the criminal constitutes therefore a distinct "anthropological variety";

and that there is a marked "criminal type" which can be made out even

before a person has committed a crime. They say further that the

criminal type is marked physically by having five or more of the

stigmata of degeneration, and that it is marked mentally by having the

characteristics of the savage or nature man. We cannot stop to criticize

in full this completely biological theory of crime which is offered by

Lombroso and his followers. Undoubtedly crime has biological roots, and

these we have attempted to point out in discussing the influence of

degeneracy upon crime. But to claim that the criminal constitutes a

well-marked "anthropological variety" of the human species, as Lombroso

argues, is to set up a claim for which there is no foundation. What

Lombroso thinks are the marks of the criminal are simply the marks

belonging to the degenerate classes in general. That is, they are found

among the insane and feeble-minded, for example, as well as in some

classes of criminals. There is then no criminal type which clearly

separates the criminal from other classes of degenerates, and which will

mark a man out as belonging to the criminal class even before he has

committed a crime. Lombroso and some of his school have altogether

overemphasized the physical and anatomical side of the study of the

criminal, and slighted the sociological side of such study. Moreover,

Lombroso's statements, which he makes in very general terms, apply, if

they apply at all, not to criminals as a class, but only to instinctive

criminals, as indeed he himself has acknowledged.

Remedies for Crime.--The remedies for crime are dealt with by the

subsidiary science of penology, which may be regarded as a branch of

scientific philanthropy. We can only direct the student's attention here

to the vast literature on the subject and remark that the cure for crime

consists not in some social panacea or in social revolution, but in

dealing with the causes of crime so as to prevent the existence of the

criminal class. In a general way, we have already indicated in

discussing the remedies for poverty and pauperism what the steps must be

to eradicate crime. In order practically to wipe out crime in society,

as we have already said, three things are necessary. First, every

individual must have a good birth; that is, heredity must be controlled

so that only those who are physically and mentally sound are allowed to

marry and reproduce. The difficulties of doing this we have already

noted. Second, every individual must have a good training, both at home

and at school, so as to adjust him properly to the social life. His

education must fit him to take his place among other men, make him able

to take care of himself, and to help others; and make him, in every

possible way, acquainted with the social inheritance of the race. Last

but not least, just social conditions must be provided. Everything in

the social environment must be carefully looked after in order to insure

the best development of the individual and to prevent his environment

from being in any way a drawback to him.

These things, if it were possible to bring them about, would wipe out

crime, or, at least, minimize it to the lowest terms. Of course, this

cannot be done in a generation, perhaps not in many generations, but it

is evident that the problem of crime is in no way an insoluble problem

in human society. With time and care and scientific knowledge, crime, as

well as poverty and pauperism, could be wiped out.

But curative measures are important, also, in dealing with the criminal,

and each distinct class must be dealt with differently. We noted in the

beginning of the chapter the three great character types in the criminal

class: the instinctive criminal, in whom the tendency toward a life of

crime is inborn; the habitual criminal, who acquires the habit of crime

from his surroundings; and the single offender, who, while committing a

single offense, never becomes a criminal in the strictest sense. These

three distinct classes of criminals, whom we might style the

degenerates, the derelicts, and the accidental offenders, need to be

recognized in our criminal law and to be dealt with differently by our

criminal courts and correctional institutions. The instinctive criminal

can scarcely be adjusted to normal social life. He is, as we have

already seen, essentially a defective, usually more or less

feeble-minded. Reformation in the fullest sense of the word is almost

out of the question in his case. The proper policy for society with

reference to the instinctive criminal class, which constitutes but a

small portion of our total criminal population, would be segregation for

life. Practically, of course, this may have its difficulties until we

perfect our means of discovering slight mental defects in individuals

which make them incapable of social adjustment, but practically, also,

we have found means of recognizing this type by such marks as

incorrigibility, recidivism, and the stigmata of degeneracy.

The habitual criminal, who originally was a normal person, can be, at

least in the early part of his career, fully reformed. Children and

adolescents, even though habitual offenders, are easily susceptible of

reformation, but this is difficult with the adult habitual offender past

thirty years of age who has a long criminal record behind him. Like the

instinctive criminal, he is scarcely capable of reformation. Hardened

habitual offenders, and especially professional criminals, should,

therefore, be sentenced upon indeterminate sentences, terminable only

when adequate evidence of their reformation has been secured. This can

best be accomplished by what is known as the "habitual criminal act,"

providing that persons guilty of three or four felonies shall be sent to

prison for life, to be released only upon satisfactory evidence of

reformation.

The single offender, who is usually a reputable citizen who commits

crime through passion or through great temptation, can usually best be

dealt with outside of prison walls. The young single offender, if not

properly handled, may be easily transformed into an habitual criminal.

On the whole, a young single offender who has had no criminal record is,

perhaps, best dealt with by the system of probation which we will note

later. On the other hand, certain single offenders past thirty years of

age, such as bribe-givers and bribe-takers, society may have to punish

in order to make an example of. Exemplary punishment is, undoubtedly,

still necessary in some cases, and in the main it should be reserved for

this class of mature offenders in society who have otherwise lived

reputable lives. Just how far exemplary punishment should be used in

society as a deterrent to crime is a disputed question among

penologists. Whether, as in cases of homicide, it should ever go to the

extent of capital punishment or not depends very much upon the

civilization of the group. In a civilization like ours, where blood

vengeance is so often demanded by mobs, it is probably unwise, for the

present at least, to seek the abolition of capital punishment for murder

in the first degree.

_The Prison System._ Every state should have at least six distinct

sets of institutions to deal with the criminal class.

1. County and city jails for the detention of offenders awaiting trial.

2. Reform schools for delinquent children under sixteen years of age who

require institutional treatment.

3. Industrial reformatories for adult first offenders between sixteen

and thirty years of age who require institutional treatment.

4. Special reformatories for vagrants, inebriates, and prostitutes.

5. A hospital prison for the criminal insane.

6. County and state penitentiaries for incorrigible, hardened criminals.

If any one of these sets of institutions is lacking in a state, it is

impossible for the state to deal properly in a remedial way with the

problem of crime. All these institutions, of course, need to be manned

by experts and equipped in the best possible way. The present condition

of our jails, of our penitentiaries, and to some extent of our reform

schools, frequently makes them schools of crime. Nothing is more

demoralizing in any community than a bad jail where criminals of all

classes are herded together in idleness. Again, the administration of

some of our state penitentiaries with an eye to profit only, makes them

places for the deformation of character rather than for its reformation.

Again, the lack of special institutions to deal with habitual vagrants,

drunkards, and prostitutes, is one of the great reasons why we find it

so difficult to stamp out crime. Into the details of the organization,

construction, and management of these institutions we cannot go in this

book. It is sufficient to say that all these institutions should furnish

specialized scientific treatment for the various delinquent classes with

which they deal, and to do this they should aim to reproduce the

conditions and discipline of free life as far as possible. These

institutions, in other words, with the exception of the penitentiaries

and other institutions for segregation, should aim at overcoming

defective character in individuals. Their work is mainly, therefore, a

work of remedying psychical defects in the individual which prevent his

proper adjustment to society. In the case of penitentiaries, however,

the work is one mainly of segregation, of providing humane care under

such conditions as least to burden society, and at the same time give

such opportunity as there may be for reformation.

_Substitutes for Imprisonment._ We have already noted that some

classes of offenders may be reformed outside of prison walls. This is

especially true of children, of the younger misdemeanants, and of those

who have committed their first felony. It has been found that by

suspending sentences in such cases, giving the person liberty upon

certain conditions, and placing him under the surveillance of an officer

of the court who will stand in the relation of friend and quasi-guardian

to him, that reformation can, in many cases, be easily accomplished.

This is known as the probation system. It has been characterized as "a

reformatory without walls." Originating in Massachusetts, it has been

increasingly put into practice of recent years in many states with much

success. The system, however, will not work well without trained

probation officers to watch over those who are given conditional

liberty. The practice of placing upon probation without probation

officers is a questionable one and is liable to bring in disrepute the

whole system. Probation is not mere leniency, as some suppose, but is

rather a system of reformation in line with the most scientific approved

methods.

Coupled with probation should often go fines and restitution to injured

parties. In such cases, when the person is placed upon probation, the

fine or restitution may often be paid in installments, and it has been

found to have a decidedly reformatory effect upon the character of the

offender. Fines without probation are, however, but little more than

retribution, or exemplary punishment.

_Delinquent Children._ The treatment of delinquent children

constitutes a special problem in itself. It has recently come to be well

recognized that criminal tendencies nearly always appear in childhood,

and that if we can overcome these tendencies in the delinquent child, we

shall largely prevent the existence of an habitual criminal class.

Strictly speaking, of course, the child is a presumptive rather than a

real criminal. The delinquent child is socially maladjusted and is

scarcely ever to be considered an enemy of organized society. Delinquent

children should be dealt with, therefore, as presumptive rather than as

genuine criminals. In general, therefore, they should not be arrested,

should not be put in jail with older offenders, and should be tried by a

special court in which the judge representing the state plays the role

of a parent. For the most part, delinquent children may be dealt with,

as we have already seen by putting them upon probation under the care of

proper probation officers. When the home surroundings are not good, such

children may often be placed in families and their reformation more

easily secured than if placed in institutions. In any case, they should

never be sent to the reform school except as a last resort. The parent

or guardian, also, should be held responsible for the delinquency of the

child if he is contributory thereto by his negligence or otherwise.

We may sum up this chapter, then, by repeating that the problem of crime

is in no way an insoluble problem in human society, though, perhaps, a

certain amount of occasional and accidental crime will always exist.

The solution of the problem, as we have seen, only demands that man

should secure the same mastery over his social environment and over

human nature that he has already practically achieved over physical

nature; and the gradual development of the social sciences will

certainly make this possible some time in the future.

SELECT REFERENCES

_For brief reading:_

ELLIS, _The Criminal._

WINES, _Punishment and Reformation._

BOIES, _The Science of Penology._

_For more extended reading:_

BARROWS, _The Reformatory System in the United States._

BARROWS, _Children's Courts in the United States._

DRAHMS, _The Criminal._

FERRI, _Criminal Sociology._

MORRISON, _Crime and Its Causes._

MORRISON, _Our Juvenile Offenders._

PARMELEE, _Anthropology and Sociology in Relation to Criminal Procedure._

TRAVIS, _The Young Malefactor._

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