Criminal Sociology Part 5

But it may also be observed, more precisely, that even apart from strongly marked and conspicuous pathological conditions, which meanwhile a.s.sert themselves amongst the biological factors of crime, there is a very great number of these cases in which it cannot actually be said that the bio-psychical anomalies of the criminal are the effect of a physically and morally poisonous environment.

In every family in which there are several children, we find (in spite of identical surroundings and conditions of a favourable kind, and suitable methods of training and education), individuals who differ intellectually from the cradle; we also find in the degree or in the kind of their talent, the same individuals also differ from their cradle in physical and moral const.i.tution. And though the phenomenon may only be manifest in the less numerous cases of types which are markedly normal or abnormal, it is none the less true also in the more numerous cases of ordinary types.

In this connection I may observe that physical and social conditions have a greater or a less influence in proportion as the physical and psychical const.i.tution of the individual is more or less sound and vigorous.

The practical conclusion, therefore, of these general observations on the natural genesis of crime is this: Every crime is the result of individual physical and social conditions; and, since these conditions have a more or less dominant influence for various forms of crime, the most certain and profitable mode of defence which society can employ against criminality is of a twofold character, and both modes ought to be employed and brought into action simultaneously-in the first place, the amelioration of the social conditions, as a natural preventive of crime, in the nature of a subst.i.tute for punishment; and, secondly, measures of perpetual or temporary elimination of criminals, according as the influence of biological conditions in the evolution of crime is all but absolute, or more or less great, and more or less curable.

As a matter of fact, when we follow the periodic variations of crime, with its measured growth and decrease, we cannot fail to conclude that these constant and constantly occurring variations depend upon a corresponding variation of anthropological and physical factors. For, whilst criminal statistics are far from showing the regularity which Quetelet claimed with much exaggeration, the proportional figures in regard to the bearings of age, s.e.x, calling, &c., upon criminality exhibit very insignificant variations from year to year. And as for the physical factors, if marked variations are explicable at some given period, it is nevertheless evident that neither climate, nor the nature of the soil, nor atmospheric conditions, nor the seasons, nor the temperature of different years could have undergone in the last half-century such constant and repeated variations as to correspond to those waves of criminality which we shall presently exhibit in almost every nation of Europe.

Thus it is to the social factors that we must chiefly attribute the periodic variations of criminality. For even the variations which can be detected in certain anthropological factors, like the influences of age and s.e.x upon crime, and the more or less marked outbreak of anti-social and pathological tendencies, depend in their turn upon social factors, such as the protection accorded to abandoned infants, the partic.i.p.ation of women in non-domestic, commercial and industrial life, preventive and repressive measures, and the like. And again, since the social factors have special import in occasional crime, and crime by acquired habit, and since these are the most numerous sections of crime as a whole, it is clear that the periodic movement of crime must be attributed in the main to the social factors. So true is this, that, as we shall presently see, the gravest crimes, especially against persons, precisely because they mostly indicate congenital criminality, follow a more steady and regular movement than these slighter but far more frequent offences against property, public order, and persons, of a more occasional character, and that, as microbes of the world of crime, they are the more direct outcome of social environment.

It is therefore another point in favour of the experimental school that it has insisted on this sociological aspect of the problem of criminality, by showing legislators, outside the limits of their punitive remedies, as easy as they are illusory, how they might, as far as circ.u.mstances will permit, apply a genuine social remedy to crime.

After these preliminary observations, it is time that we should take a closer view of the general statistics of the movement of crime in Europe, so far as they may be followed in official figures.

Whilst we have no intention of offering a body of comparative statistics, but only of giving a simple indication of the periodic movement of crime, these data, which do not render it easy to compare one country with another, though they are intimately related so far as each particular country is concerned, suffice to exhibit a few facts of some considerable importance.

The most conspicuous general phenomenon in the countries here included is the steadiness of the gravest forms of crime side by side with the continuous increase of slighter offences, especially in the countries which show a long series of figures, such as France, England, and Belgium. This proceeds mainly from the progressive acc.u.mulation of offences against special enactments, which are constantly being added to the original basis of the penal code; but it is also a symptom of an actual transformation in the criminal activity of the century, from whence, through the gradual subst.i.tution of crimes against property in the great towns for crimes against the person in earlier centuries, we have a wider extension together with a lower degree of intensity.

Another characteristic common to the countries under observation is that, whilst the graver crimes against property show a somewhat marked diminution, crimes against persons, on the other hand, show more steadiness, either of regularity, as in France and Belgium, or of increase, as in England, and still more in Germany. But this phenomenon in the case of crimes against the person is in actual correspondence with criminal activity arising from an increase of population. On the other hand-apart from the transformation of crimes of violence into crimes of craft and fraud, due to the increase of movable property-the decrease of offences against property is no more than the manifest effect of an artificial change of judicial procedure, summary proceedings taking the place of trial by jury.

An alternation, which is not invalidated by exceptions here and there, has been observed in the criminality of different countries, in the periodic movement of crimes and offences against property and those against the person, of such a kind that years of increase in the former usually answer to a diminution in the latter, and vice versa. The princ.i.p.al factors in the annual increase of theft, such as scarcity and extremes of weather, cause a corresponding diminution of violent a.s.saults and bodily harm, of homicides and indecent a.s.saults, and vice versa. On the other hand, offences against property, which are very numerous, contribute most of all to the total of annual crime; so that the maximum of 1880 in Italy, as well as in France, Belgium and Austria, is especially due to the great severity of the winter of 1879-80, which in Italy coincided with an agricultural crisis, attested by the very high price of corn. Whereas from 1881 to 1885 there were very mild winters, with more abundant harvests, and from 1886 a greater extreme of cold and a more acute economic crisis.

The general tendency of these periodic oscillations of crime in Italy, as in other European countries, is nevertheless far more towards increase than towards decrease. This is also shown by the proportional triennial averages of crimes and offences placed on record, and of persons condemned to imprisonment.

In the movement of crime in each country it is necessary to distinguish special oscillations, more or less prolonged, of increase or decrease, from its general and permanent tendency. The latter is determined by the fundamental conditions of each nation, physical and social, apart from the purely artificial section of transgressions brought into existence by new laws. The special oscillations, on the other hand, are determined by the annual variations in this or that factor of the more numerous offences; that is to say, by abundance or scantiness of the harvests, by the annual variations of temperature, by industrial and political crises, and the like.

The oblivion of this marked distinction, coupled with the prejudices of the scientific schools, and even of political parties, leads to some curious disagreements, and to lively discussions on the results of criminal statistics. For on one side the champions of the cla.s.sical school plainly see that the persistent increase of crimes and offences amounts to a proof of that breakdown of penal systems, practical and theoretical, which have hitherto been applied-as was admitted by Holtzendorff. And on the other hand, the increase of crimes is denied or affirmed for the purpose of supporting or attacking some particular ministry. For, in parliaments more than elsewhere, there is always a deep-seated and vivacious prejudice, a kind of social artificiality, which causes men to think that the condition of States, moral and economic, is fundamentally determined far more by the action of this or that government than by natural factors, which are mainly superior to and outside of governments and politicians.

And this is why in Italy there has been much discussion of late, in scientific publications, at the sittings of the Central Commission of Judicial Statistics, and even in Parliament, as to whether crime was increasing or decreasing.

Beltrani-Scalia and Lombroso almost simultaneously called attention to the growth of Italian crime, and they were succeeded by various adherents of the positive school, such as Ferri, Garofalo, Pavia, Pugliese, Guidi, Bournet, Barzilai, and Rossi, who produced evidence that the general tendency of crime in Italy was to increase, and that the diminutions observed after 1880 were mere transitory oscillations; and after 1886 they were justified by facts.

On the other hand, official returns of criminal statistics, and a majority of the members of the Central Commission, when pursuing an inquiry suggested by myself into Italian crime since 1873 -for previously to this date there are no criminal statistics in Italy except for 1853 and 1869-70-came to the conclusion that there was a tendency towards a diminution of crime. But their decision was formed from an entirely partial standpoint, which they had taken up in the exigency of polemical discussion. They compared, in fact, the years just concluded, 1881-5, with 1880, and thus it naturally followed that after a maximum they had a relative decrease. And it was only this ingenious comparison which gave an appearance of actual proof to their optimistic a.s.sertions; for when a fever is at forty degrees, the fall of even half a degree is very important. They paid special attention to the so-called high criminality, which is tried by the a.s.size courts, and is actually decreasing, though by the purely artificial effect of more and more effective measures of correction. But I have always maintained, and I have the support of M. Oettingen, that we cannot separate crimes and offences tried by the a.s.sizes from those tried by the Tribunals, for there is only a difference of degree between them, as is clear in regard to theft, a.s.saults and wounding, forgery and the like.

It is a curious fact that similar illusions have existed in all countries through the same causes and prejudices which have been mentioned above. In France, for instance, we often find that the keepers of the seals, reporting on volumes of the excellent and valuable series of criminal statistics since the year 1826, occasionally remark on these oscillatory diminutions, and make a point of treating them as signs of a constant and general tendency, which succeeding years have always contradicted.

In France also, the same controversy has been kept up since 1840, with the same polemical artifices as were employed more recently in Italy, on the question whether crime has increased or decreased. Dufau, Beranger, Berrzat de St. Prix, and Legoyt affirmed that it had diminished since 1826, against the true opinion of de Metz, Dupin, Cha.s.san, Mesuard, and Fayet, the last of whom quotes the others in one of his essays on criminal statistics, now undeservedly forgotten, though they abound in striking and profound observation.

But, as for France in those days, so for Italy to-day, the statistics of succeeding years quickly proved that what official optimism and national self-complacency spoke of as pessimism on our part was but a conscientious inference from lamentable facts, established in every country by the influence of civilisation on crime, which I have described in preceding pages.

After these general statements we ought logically to watch the periodic movement of each leading category of crimes and offences in each division of the country; for not all crimes, nor all districts, pursue the same course from year to year. But as this inquiry is impossible in the present work, we may pa.s.s on to the general figures for other European countries.

FRAN 1826-8. 1895-7.

Police Contraventions ... ... ... 100 391| Offences ... ... ... ... ... ... 100 397| Crimes against the person ... ... 100 98|in 61 years " property ... ... ... 100 41| BELGIUM. 1850-2. 1883-5. Tried by the Correctional Tribunals, for crimes against the person 100 109|in 36 years " property ... 100 162| 1840-2. 1883-5. Tried by the Tribunals for "Offences" 100 260| Tried at a.s.sizes, crimes against the person 100 65|in 46 years " " property 100 21|

ENGLAND. 1857-9. 1884-6. Tried summarily, for offences ... 100 176 in 30 years. 1835-7. 1884-6. Criminal cases, against the person 100 143| " against property, and for |in 55 years. circulation of false money ... 100 55|

IRELAND. 1864-6. 1886-8.

Tried summarily ... ... ... 100 95| Crimes against the person ... .. 100 57|in 25 years.

" property, and false money 100 52| PRUSSIA. 1854-6. 1876-8.

Contraventions and "vols de bois" 100 l32|in 25 years.

Crimes and offences ... ... 100 134| GERMANY. 1882-4. 1885-7.

Crimes and offences against public order 100 110| " " the person 100 116|in 6 years.

" " property 100 95| AUSTRIA. 1867-9. 1884-6. Prisoners condemned for crimes - 100 122|in 20 years. " " offences ... 100 495|

SPAIN. 1883-4. 1886-7. Tried for crimes and offences - 100 {X}3|in 5 years. " contraventions ...... 100 113|

The most constant general fact shown by these data is in all cases the very remarkable increase of slighter delinquencies, side by side with constancy or slight diminution in crimes against the person, and a large diminution in crime against property. This is seen in France, England, Belgium, whilst there is an increase both of crimes and offences in Austria.

Behind the general fact, however, we must distinguish between the actual and the apparent.

On the one hand, the decrease of more serious crime against property is simply due to prisoners electing to be sentenced by the inferior court, which is at the discretion of the Tribunals in France, but legally established in Belgium, by the laws of 1838 and 1848, and in England by the Acts of 1856 and 1878-an election of the slighter but more certain punishment of the magistrates in preference to going before a jury. Indeed, crimes against the person, in which there is less power of election, do not exhibit so marked a decrease; and accordingly we see that in Belgium the increase of "correctionalised" crimes is due far more to crimes against property (62 per cent in 36 years) than to those against the person (9 per cent.).

On the other hand, the growth of slighter delinquency is partly the effect of special enactments, which are constantly creating new infractions, offences or contraventions. For France may be mentioned the law of 1832 on eluding supervision, that of 1844 on the game laws, that of 1857 on the false description of goods for sale, of 1845 on railway offences, of 1849 on the expulsion of refugees, of 1873 on drunkenness, and of 1874 on requisition of horses. I dealt with the statistical results of these laws, and with the influence of the increasing number of police agents, in my "Studies on Criminality in France" (Rome, 1881); and I will here add only a single observation. If it is true, as M. Joly says, that other laws, pa.s.sed since 1826, have extinguished a few offences, or at least have diminished their frequency under less severe regulations, yet it is also true that the new infractions created in the past half-century show far higher numbers than those of the infractions which have been extinguished or rendered less easy. So that amongst the 297 per cent. of increase on the offences tried in France between 1826 and 1887, the element due to legal creation of new infractions must not be ignored.

It cannot, however, be denied that for certain more frequent offences we have a real and very noteworthy increase, apart from any legislative or statistical cause of disturbance.

The same observation may be made in regard to England. There also the increase of 76 per cent, during thirty years of offences tried summarily is due in part to new infractions, created by special legislation, and especially by the Education Act of 1873, under which there were more than forty thousand infractions in 1878, and more than sixty-five thousand in 1886.

In regard to this delinquency in England (wherein are included, over and above real offences, certain infractions corresponding to the police contraventions of the Italian, French, Belgian and Austrian codes) it is to be observed that the increase of 76 per cent. in thirty years is due rather to contraventions than to offences. And this would establish a remarkable difference between the variations of delinquency in England and in France.

If we a.n.a.lyse the record of infractions tried summarily in England, we find that contraventions of the law in respect of drunkenness account for most of this increase (from 82,196 in 1861 to 183,221 in 1885 and 165,139 in 1886). On the other hand, offences against the person (a.s.saults) and against property (stealing, larceny, malicious offences) have not shown so large an increase.

In fact, if we compare the variations in a.s.saults and thefts in France and England, we have the following figures:- ENGLAND. 1861-3. 1879-81. Prisoners tried summarily for a.s.saults ... ... 100 102 Ditto for stealing, larceny, and malicious offences ... ... ... ... ... ... ... 100 110

FRANCE.

Cases tried by the Tribunals: For a.s.sault and wounding ... ... ... ... ... 100 134 For simple theft ... ... ... ... ... ... ... 100 116 So that in England not only the total delinquency, but more especially the commoner offences against the person and against property show a slighter increase than that which has been established for the same period in France. Whilst we do not overlook the greater increase of crimes against the person in England (coinciding, of course, with the doubling of the population in fifty-five years), this fact seems to me to prove the salutary influence of English organisations against certain social factors which lead up to delinquency (such as the care of foundlings, the guardianship of the poor, and so forth), notwithstanding the great development of economic activity, which is a.s.suredly in no way inferior to that of France. The figures strengthen my conclusions as to the social factors of crime, and refute the optimistic theory of Poletti.

But the actual partic.i.p.ation of each country in the general increase of crime in Europe is determined by other causes, outside of the artificial influences of different codes of law. And the most general and constant of these causes, in all the various physical and social environments, is the annual increase of population, which, by adding to the density of the inhabitants of each country, multiplies their material and legal relations to one another, and, consequently, the objective and subjective const.i.tuents of crime.

Taking the official Italian figures, which are also relied on by M. Leva.s.seur, we find, for the periods corresponding to the variations of criminality, the following rates of increase in the population of the different countries. Ireland shows a decrease, owing to emigration.

Increase.

Italy 22,104,789 in 1863-30,947,306 in 1889 40 per cent.

" 27,165,553 in 1873-30,565,188 in 1888 12 "

France 31,858,937 in 1826-38,218,903 in 1887 20 per cent.

Belgium 4,072,619 in 1840- 5,583,278 in 1885 44 "

Prussia 21,046,984 in 1852-26,614,428 in 1878 26 "

Germany 45,717,000 in 1882-47,540,000 in 1887 4 "

England 13,896,797 in 1831-27,870,586 in 1886 101 "

" 20,066,224 in 1861-27,870,586 in 1886 39 "

Austria 20,217,531 in 1869-23,070,688 in 1886 14 "

Ireland 5,798,967 in 1861- 4,777,545 in 1888 decrease 17 "

It must, however, be observed, with regard to this increase of the population, firstly that it tells as a factor of criminality only in so far as it is not neutralised, wholly or in part, by other influences, mainly social, which prevent crime or render it less grave. Secondly, it is not right merely to compare the proportional rates of increase in the population with those of crime, as was done for instance by M. Bodio, who said that in Italy, from 1873 to 1883, "since the population had increased by 7.5 per cent., crime might have increased during the same time by 7.5 per cent., without its being fair to say that it had actually increased." In point of fact, as M. Rossi remarked, since in Italy, and almost all the European States, the growth of the population is due to the excess of births over deaths (for emigration is more numerous than immigration), it is evident that, when we confine our attention to short periods, the addition to the population, consisting of children under ten or twelve years, does not increase crime in an appreciable degree. The deaths, on the other hand, must be subtracted from all stages of human life, but especially from the number of those who can and do commit crimes and offences.

Now, as we cannot in this place go into detail, I must confine myself to the statement of a few characteristic facts, as ill.u.s.trated by European crime. Thus we perceive the influence of the great famine of 1846-7 on crimes against property in France and Belgium; the rapid oscillations of crime in Ireland, indicating the unstable political and social conditions of the country; and the parallel movements of crime in, France and Prussia. We see, indeed, a constant diminution of crime for the period between 1860 and 1870, followed (after the statistical disturbance of the terrible year 1870-1) by a period of serious and continued increase of crime, resulting from social and economic conditions, as shown especially by the increase of vagrancy and theft since 1875.

All these general facts go to prove the close and intimate connection between crime and the aggregate of its various const.i.tuents. So that, without pursuing more detailed inquiries into certain social factors of crime, which are capable of statistical enumeration, such as the increase in the number of the police, the abundance or scarcity of corn and wine, the spread of drunkenness, family circ.u.mstances, increase of personal possessions, the facility or otherwise of the settlement of disputes, commercial and industrial crises, the rate of wages, the variation from year to year of the general conditions of existence, and so forth, coincident with the development of education, encouragements to thrift and the organisation of charity, we must now proceed to draw from these statistical data the most important conclusions of criminal sociology.