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THE MODERN CRIMINAL SCIENCE SERIES
PiMiihtd wndtr Ou AtitpiMt of
THE AMERICAN INSTITUTE OP CRIMINAL LAW AND CRIMINOLOGY
• Crime •
And Its Repression
By GUSTAV ASCHAFFENBURG
/Vo/Mor o/Ptyeluatry m Ott Coloffn* Aoadtmy ofPraetieal M«dieiil4
emd Editor o/tkt "Jmtriud o/OrimiMal Ptychologg ami
Crmnnal Laa Rtfonn"
TnnsUted hj
ADALBERT ALBRECHT
AuoeiaU Editor of tilt Jo^mud of Orimi»ai La» and Onmmniiogg
Wrh AM EimoBui. Pbvacb wt
MAURICE PABMEI£E
AuooiaUpTo/utarefSoeiotogi/iath* UaiBtriUf of Mutovri
An> lUi InTKOsvcnov w
ARTHUR C. TRAIN
FormtrJMittimlDitMttAltorMy/orlfMt ¥oTkO<Mmty
BOSTON
UTTLE. BROWN, AND COMPANY (;,y^jo|c
1918 - ■ ^
Comuavi, ISlSi
Bt Ltmxt Bbowv, amd CoioAa
Aa rifUt nMTWd
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GENERAL INTRODUCTION TO THE
MODERN CRIMINAL SCIENCE SERIES.
At the National Cimference of Crinmial Law and Crim-
inok^y, held in Chica^, at Northwestern Universi^, in
June, 1900, the American Institute of Criminal Law and
Criminology was organized; and, as a part of its work, the
following restriution was passed:
" Whereas, it is exceedingly desirable that important
treatises on criminology in foreign languages be made readily
accessible in the English language, Resolved, that the presi-
dent iq^KNnt a committee of five with power to select such
treatises as in Hasst judgment should be translated, and to
arrange for their publication."
The Committee appointed under this Resolution has made
careful investigation of the literature of the subject, and has
otHuulted by hequent correspondence. It has selected
eeveial works from among the mass of material. It has
arranged with publisher, with authors, and with transla-
tors, for the immediate undertaking and rapid progress of
the task. It realizes the neces^ty of educating the piofes-
nons and the public by the wide diffusion of information on
this Butqect. It deares here to explain the conuderations
which have moved it in seeking to select the treatises best
adi4>ted to the purpose.
For the oommunit7 at tai^^ it is important to recognize
that criminal sdence is a larger thing than criminal law.
The l^al profession in particular has a duly to familiarize
hadf with the principles of that sci^ice, as the sole means
for intdligent and ^stematic improvement of the criminid
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Ti GENERAL INTRODUCTION
Two centuries ago, wlule modem medkal sdence was stiD
yoang, medical practitioners proceeded upoo two general
assumptiona: one as to tlie cause of diaeaae, the other as to
its treatment. As to the cause of disease, — disease was sent
by the inscrutable will of God. No man could fathom that
will, nor its arbitrary operation. As to the treatmmt of
disease, there were believed to be a few remedial agents of
universal efficacy. Calomel and blood-letting, for example,
were two of the principal ones. A larger or amaller dose of
calomel, a greater or less quantity of bloodlettit^, — this
blindly indiscriminate mode of treatment was regarded as
orthodox for aU common varieties of ailmenL And so his
calomel pill and his bloodletting lancet were carried every-
where with him by the doctor.
Nowadays, all this is past, in medical science. As to the
causes of disease, we know that they are facts of nature,
— various, but distinguishable by diagnosis and research,
and more or less capable of prevention or control or counter-
action. As to the treatment, we now know that there are
various speciBc modes of treatment for specific causes or
symptoms, and that the treatment must be adapted to the
cause. In short, the individualization of disease, in cause and
in treatment, Is the dominant truth of modem medical science,
He same truth is now known about crime; but the under-
standing and the application of it are just opening upon us.
The old and still dominant thought is, as to cause, that a
Clime is caused by the inscrutable moral free wiU of the human
b^ng, doing or not doing the crim^ just as it pleases; abso-
lutely (tee in advance, at any moment of time, to choose or
not to choose the criminal act, and therefore in itself the
acAe and ultimate cause of crime. As to treatment, there
Btill are just two traditional measures, used in varying doses
for all kinds of crime and all kinds iA persons, — jail, or a
fine (for death is now onployed in rare cases only). But
modan sdence, here as in medicin^ Tefiognizes that crime
GENERAL INTRODUCTION vii
also (like disease) has natural causes. It need not be asserted
for one moment that crime is a disease. But it does liave
natural causes, — that is, circumstances which work to pro-
duce it in a given case. And as to treatment, modem science
Rcognizes that penal or remedial treatment cannot posdbl^
be indiscriminate and machine-like, but must be adapted
to the causes:, and to the man as affected by those causes.
Common sense and l(^c alike require, inevitably, that the
moment we predicate a spedfic cause for an undesirable
^ect, the remedial treatment must be qiedfically adapted
to that cause.
Thus the great truth of the present and the future, for
ffnminal science, b the individualization of penal treatment,
— for that man, and for the cause of that man's crime.
Now tliis trutli opens up a vast field for re-examination.
It means tliat we must study all the possible data that can
be causes of crime, — the man's heredity, the man's phy«-
cal and moral make-up, his emotional temperament, the
surroundings of his youth, his present home, and other
conditions, — all the influencing circumstances. And it
means that the effect of different methods of treatment, old
or new, for different kinds of men and of causes, must be
studied, experimented, and compared. Only in this way
can accurate knowledge be reached, and new efficient meas-
ures be adopted.
All this has been going on in Europe for forty years past,
and in limited fields in this countiy. All the branches <^
sdence that can help have been working, — anthropology,
medicine, psychology, economics, sociology, philanthropy,
penology. The law alone has abstained. The science of
law is the one to be served by all this. But the public in g^i-
era! and the legal profession in particular have remuned
either ignorant of tlie entire subject or indifferent to the
entire sdentific movement. And this ignorance or indlffei^
ence has blocked the way to progress in administration.
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viii GENERAL INTRODUCTION
The Institute therefore takes upon itself, as one (rf its ums,
to inculcate the study of modem crimmal sdenoe, as a press-
ing duty for the 1^^ profession and for the thou^tful
oommuni^ at large. One of its principal modes of stimulat-
ing and aiding this study is to make available in the K ngliah
language the most useful treatises now extant in the Con-
tinental languages. Our country has started late. Th»e
is much to catch up -with, in the results reached elsewhere.
We shall, to be sure, profit by the long period of argument
and theorizing and experimentation which EuTcq>eaii thinkos
and workers have passed throuf^ But to reap that profit,
the results of their experience must be made accesable in
the English language.
The effort, in selecting this series d translations, has been
to (^oose those works which best represent the various schools
of thought in criminal science the general results reached,
the points of contact or of controvert, and the contrasts of
method — having always in view that class oi worics which
have a more than local value and could best be sesriceable
to criminal science in our country. As the science has vari-
ous aspects and emphases — the antluopological, p^chologi-
csl, sociological, le^, statistical, economic, pathological —
due regard was paid, in the selection, to a representation of
all these aspects. And as the several Continental countries
have contributed in different ways to these various aspects, —
France, Germany, Italy, most abundantly, but the others
eadi its share, — the effort was made also to recognize the
different ctmtributioas as far as feasible.
The selection made by the Conmitttee, then, rqucsents
its judgment of the works that are most useful and most
instructive for the purpose of translation. It is its oonvictiao
that this Series, niien conqileted, will fumi^ the American
student of criminal aaeaice a qrstematic and sufficient ac-
quaintance with the controlling doctrines and methods
that now hold the stage at thought in Continoital Europe.
, ,..,...Cooylc
GENEEAL INTRODUCTION ix
Wbkb ot the various prindples and methods will prove
best adapted to help our problems can only be told after
our studwts and workers have tested thcan in our own ex-
perience. But it is certun that we must first acquunt ou>
»dves with these results of a generation of European thought.
In clo^ng, the Committee thinks it desirable to nder the
members of the Institute, for purposes of further investiga-
tion of the literature, to the " Frelimioaiy BibliogrBphy of
Modem Criminal Law and Criminology " (Bulletin No. 1
«l the Gary Library of Law of Northwestern University),
already issued to members of the Conference. The Com-
mittee believes that some of the Ai^o-American works
listed therein will be found useful.
COIOUTTBB ON TRANSLATIONS.
Ckaiman, John H. Wigmorb,
Dean of NorAwMt«m UntPtrnlg School qf Laa, Chicago.
Ebnbt Freund,
PmfuKir of Law in Iht Vnivfrtitjf cf Chieato.
EowAKo LmnsET,
AmoeiaU Editor of the Journal of the Am^rkan Jmtitute
(^Criminal hate arid Criminology, Warren, Penn.
IhLimucE Pabmblee,
Aeiociaie Profeieor ef Sociology in Ihe Univereity of
Mittomi, ColunUna, Mittouri.
BOHCOE PODND,
PttifeMOT of Law in Sartard Law School, Cambridge,
Mm.
William W. Shithbbs,
Secretary of the Comparatiee Lam Bureau qf the Am -' ■
can Bar Aitociaiion, PkiladelpJiia, Pcnn.
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EDITORIAL PREFACE TO THIS VOLUME
Br HAUBICE PABMELEE>
The author of this work, Gttbtat Aschafpenbcbg, stands
in the front rank of leaders of thought in modem criminal
science in Germany. His work bears witness to the valuable
aid which medical and p'sycltiatric studies must always
render to criminal law. In its thoroughly realistic applica-
tion of social statistics to the theories of criminal law, it occu-
pies a place of almost unique importance in the literature of
criminal science. Finally, it presents an original treatment
of the entire subject — the Repression of Crime — which
may well serve some day as a model tor a work based on
American statistics, — if reliable ones shall ever become
avulable.
Do. AsCHAFFENBDBO was bom May S3, 1866, at Zwei>
brUcken, in the Palatinate. Between 1885 and 1890 he
pursued bis studies at the Universities of Heidelberg, WUrz*
burg, Freiburg, Berlin, and Strassbu:^; taking his degree in
medicine at Strassburg in 1890, with a thesis on "The Symp-
tomatology of Delirium Tremens." Studying afterwards in
Vieoiia (with Meinert and Krafft-Ebing) and in Paris, he
then became Assistant in Professor Kraepelin's psychiatric
clinic at Heidelberg. (To American students the names of
ICraepelin and Krafft-Ebing are well known as among the
* Ajsod&te Fiofeaaor irf Sociology b Uk Univenitj of Minouri; an-
t3bor of " Principles of Anthropology and Sociology m their RetBtkas to
Criminal nnoedure," etc.
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ZU PBEFACE
most famous psychiatrists of Europe.) At Heidelberg he
became successively Lecturer (1895) and Assistant-Professor
(1000).
In 1901 he went to Halle (an der Saate) as Medical Director
of the Department for Insane Criminals. Since 1004 he has
been at Cologne, as Professor of Psychiatry in the Academy
of Practical Medi<nne and Medical Director of the Psychiatric
Clinic.
Db. Aschaffgnbubo's numerous published works cover
varied aspects of crime and mental disease.^ In 1905 he
founded the Monthly JounuJ of Criminal Psychology and
Criminal Law Reform, of which he has since been editor-in-
chief; bis associate editors are von Liszt, professor of criminal
taw in Berlin, von Lilienthal, professor of criminal law in
Heiddberg, and Kloss, judiciary counsellor in Hanmi. In
191S he b^an (with Professor Kri^smann of Kiel) a aeries
entitled "Library of Criminalistics," of which one volume
has thus far appeared.
The present work, under the title "Das Verbret^en und
seine Bek£mpfung," was first published in 1903, and went into
a second edition in 1906; the author has further revised it for
the present translation. It is one of Germany's most notable
contributions, among works having a general scope and an
importance transcending national boimdaries. In the three
principal continental countries, a special trend of mastership
has always be^i noticeable, — Italy emphasizing the anthro-
pological side of crime (and secondarily the social), France
■ " Experimental Studiea in Aaaadatka " (1805-1002); " Criminal Law "
in HocA'* " Handbock of Legal pB;cluatiy " (IBOl, I0OS); " Penal Treat-
ment of Bectdivirta, and Hatutoal, and FrofeMkn&l Offeftdera" (1907);
"Prisoaor Aayhim?" (lOOS); " F^ycbastbenic Conditiona " in the " Band-
hoA tl Nervosa 'nier^>eutiGa " (1900); " Treatment of Dangennu Luna-
tteaand TTr>liitii»l DnmkBida"in the " Conqsmtive Survey of Gennanaod
Foietga Crimioal Law" (1000); " Piotectiou of Sodet]' agahut Daitgeroua
Luiatki" (1012): " Handbook of IVrdiiatir" (in ccdUboiatiao; Iflll +).
PREFACE xm
the soda! side (and secondarily the anthropological), and
Gomany the psychological side. And in each country a vast
munber of useful contributions have only a local applicatioD.
A book which takes account of all factors and has more than
local value is a rarity, and even then its author is not always a
master speaking from mature experience. The present work
has made its place as one of those books which will live for
many years to come and bear a message in all countries.
The first two parts of this book are devoted to a statistical
study of the causes of ctime, based in the mun upon data
from Germany. The conclusions reached by the author with
regard to season, race, religion, urban and rural life, and occu-
pation as causes of crime are much the same as those of similar
studies of crime. He r^ards alcoholism as one of the most i
important causes of crime. While recent investigations by
Professor ICarl Pearson and his co-workers at the Galton
Eugenics Laboratory in London have led to an opinion not
so extrane as the author's as to the physical effects of alco-
holism upon the offspring, nevertheless it remains true that
indirectly in its effect upon the training and bringing up of
offspring, as well as directly, alcoholism is a powerful force
for crime.
In view of the present more or less widespread movement
in this country to ezterminate proetitntion, it is worth while
to note the opinion (^ the author, very emphatically expressed,
that it is impossible to ^fterminate this social evil, and that
it is wiser for governments to regulate it and keep it under
strict surveillance than to make futile attempts to ext«munate
it which may cause more harm than good. At the same time
he advocates severe repressive measures against procuration.
His discussion of economic conditions, such as fluctuating
wages and prices, strikes, etc., as causes of crime, though
necessarily brief, is interesting and suggestive.
L ,l,z<»i.vG00gIf
XIV PREFACE
In discusnng tlie individual causes of crime, tiie author,
like most Gennan oimiuologists, takes a very unfavwable
attitude towards the theory of Lombroso and certain other
criminologists that certain inborn abnormal physical char-
acteristics ar« frequent caoaes of crime. At the same time
the authcM- believes that abnormal mental characteristics are
prevalent among criminals, many of whom are ather feeble-
minded or insane in varying degrees. His low estimate of
the importance of these abnormal personal characteristics
is revealed by his clasmfication <A criminals, in which there is
scant recognition of the part played by these characteristics
in the causation of crime. These personal characteristica
cannot be studied by the quantitative methods of statistics
as well as the social causes of crime, because there are qualita-
tive differences involved which cannot be accurately meas-
ured. So that a statistical study of these characteristics is
not usually as fraitfal as a similar study of the sodal causes.
In the third part, devoted to the measures to be used against
crime, the author discusses several measures, such as the in-
determinate sentence and probation, which are well knowa
in this country, since they have been used here m<»e than
an y w h ere dse. His Imef statement of the fundamental
principles up<m vdiich these and all other penal measures
should be baaed is excellent. He is very cerUun that penal
responsibility should be determined entirely according to a
biological and social criterion and not at all according to a
metaphysical or theological theory of a free will. Unfor-
tunately many of the American criminologists, perhaps the
majority of them, have not as yet seemed willing to take this
position.
Throughout this work Db. Aschatpenbubo displ^rs great
caution in the use of statistics, and a most judicial attitude in
e^reasiog his oinnions. It is an excellent thing that a book
, ...... C.ooQk-
PREFACE XV
of this nature has been included in the Modem Criminal
Science Series; for it is a good example of the kind of study of
irtiidi there is great need in this country. The statistical
method is the only exact metliod of learning many things
about the causatioD of crime and the effectiveness of the dif-
ferent kinds of penal treatment. In this countiy we still lack
adequate means of gathering the necessary data, while not
enough aiialysis is made of such data as we have. It is to be
hoped that this book will serve as a stimulus to increase the
statistical study of crime in this country.
Umivxbsitt or HiBSOtm,
17. 1S18.
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INTRODUCTION TO THE ENGLISH
VERSION
Bt ABTHUR C. TRAIN'
pRAcncAL works, especially int^esting and readable works,
OD criminology and penology are rare, and the subjects them-
sdves are generally r^arded as depressing and distasteful.
We in America are interested in the picturesque nde of the
criminal and in his capture by astute officers of the law, and
detective stories have an ainamTig sale. But once the crook
is safdy locked up we turn to something else. Criminals
and prisons are associated in our minds with rough manners,
coarse food and bad smells. Statistics bore us. It is easier
and pleasanter to be interested in hospitals or organized
chari^. But of course there are in fact few subjects of
greater importance than these two, involving as th^ do the
moral health of the body p<ditic, the protection of property,
and our own personal security.
In Europe, and especially in Germany, minor piA>lic offi-
dals receive a particular education and truning for thdr
duties. There is a numerous and efficient civil service.
With us most public officers hold thdr places by the grace
of some "boss," and get th^ "jobs" as a return for
political services rendered. Some of our court clerks were
originally bar keepers, and many of our prison officers have
had little better preparation for their tasks. Those em-
' Former AMuUnt District Attomey tor New York Coimtr, anthit-aS
"The PriaoDcT at the Bar " (Id ed. 1008), "True Stories of Crime"
(IMS), "CoorU. CrinunaU, and the Camona" (IBlS), etc.
xvm INTHODUCnON TO THE ENGLISH VEBSION
ployed in the minor functiona of the administration of
criminal justice, and particularly in and about prisons and
penitentiaries, are apt to be persons who are unable to secure
other and more attractive work. Thus there is a lack of intel-
ligent observation as to the working of our institutions, and
consequently a dearth of reliable data upon which to base
sdentific conclusions. Our progress is apt to be less a steady
growth than an accidental jerk in the right direction. Some-
times it turns out to be the wrong direction. Not knowing
very much about the subject, and bdng in a position to find
out less, our legislatures seize new ideas (supposed to be in
the nature of reform) and adopt them on the merest sugeestioa
of sentimental women and political agitators. These ideas
may be good ones, — stolen, or rather borrowed, from older
countries, who have evolved tiiesn by years of study and ob-
serratioii. Sometimes, however, these ideas are schemes to
put money in the pockets of contract(»8 or defunct politicians
on the public pay roO.
There are practical^ no penal or criminal statistics in tbe
United States that have any real value, although this wiD not
long be so. At the present time few reliable conclusions can
be reached in r^ard to the spread and causes of crime or the
various means of repressing it. Until economic ctmditions
change fundamentally and politics is elevated to a moral
science we shall probably never be in so favorable a positiim
to study these things as our more serious-minded, more
eccmomically contented, and vastly more painstaking con-
tinental neighbors. What books we have on these important
subjects are apt to be either superfidal and sentimental,
or dse so dry and prosy that aU interest is killed at tbe end of
three paragraphs.
For this reason a work like the present, which could only
have been written by a German about Germany, and which.
INTRODUCTION TO THE ENGUSH VERSION xix
based largely on the author's experience, combines iritb it
the fruits of years of study and general obserration, is en-
ligbtening and invaluable. Such a book could not have been
produced in America. The author's concluding paragraph
wdl describes the attitude vith which this scholarly and
bioad-minded undertaking has been performed:
"Only dispassionate consideration that vievs impartially
the phenom^ia which we call crime, which observes first and
then condudes, — in a word, only the natural scienlific
method, — can smooth the way that leads to a knowledge of
crime and criminals."
It ifl in the nmtter of observation that the author performs
his most important service. He is far from being a propa-
gandist, but on the other hand, he is not slow to demolish
what he regards as unsubstantiated theories, based on inade-
quate or equivocal data. His analysis of statistics and his
ocmunent upon tbdr probative value — could be pondered
with profit by most other writers upon this and ramilar subjects
of sociologic interest. With the premise that at thdr best
all criminal statistics are apt to be highly TnJHlwtding and of
doubtful significance, — he w^ghs the vast mass at his dis-
posal and considers their limitations. He wisely points out
that what acts are regarded as crimes differ widely in different
places; that many misdemeanors are merely infractions of
arbttraiy i^ulations; that temporary causes (such as grmu
famine) can be of startling consequence; that police activity
or laxneas can multiply or divide the total of ^parent crim-
inality; that arrests are no positive mdication of crime, and
that convictions to be so must be baaed on an effective ad- «
ministration of criminal justice. Moreover, he shows tlie
inadequacy of the data obtmnable in different countries. Most
vital of all, he points out the danger of making sweeping
dedoctions from extremdy limited facts.
L ,l,z<»i:,.,G00gIf
XX INTRODDCnON TO THE ENGLISH VEBSION
Hie eduuistive tables compiled for this interesting and
instnictive treatise are highly illuminating, showing as they
do the incontrovertible connection between crimes against
pr(q>ert7 and econcHnic conditions, sexual crimes and the sea-
son of the year, etc. There is hardly any subject ocmnected
with the causation of crime that does not come in for dis-
cussion and analysis, accompanied by a light-ahedding anay
of figures drawn &om local German sources.
His conclusions with respect to the ^ect of alcoholic
stimulants oa criminality are mgnificant in a country where
heavy drinkii^ is regarded with leniouy; and his obearvations
(HI the small amount of criminality among prostitutes indicates
that this class of unfortunates among w<Hnen corresponds
to that class among men which steab simply because it is
"the easiest wa^" to live. Poverty and aktdiol aie, he
bdieves, the two proximate cuises of the great body of csimes.
It is with some posonal satisfaction that the writer finds
his own observations as to the lack of common phyucal char-
acteristics among criminals corroborated by siv^ an eminent
observer, who conmients on the temptation on the part of
criminologists to seek for external signs of an inward lack of
spiritual graoe, and the fwlme of Lavater, Gall, %»urzheim,
and Lombroso to demonstrate their existence and significance.
The problem r^nuns unsolved and a disposititm to generalise
about the physiology and p^diology of a "criminal bom"
dass is less observable than heretofore. Our author's di»-
criminative ability in this respect contrasts favorably with
Lombroso's surpri^i^ lack of critical faculty and his willing-
ness to find far-reaching significance in masses of immaterial,
trivial, and otherwise explainaUe detuls.
On the whole, our autbcv's attitude is hopeful rath^ than
optimistic, whidi may perhaps be attributed to his proximity
to his subject and his unwillinguess to acc^ evesy proposed
INTRODTTCnON TO THE ENGLISH VERSION XH
remedy as a panacea. He is cot handicapped by the feeling
that to question the arrival of an immediate millennium
is unpatriotic. He weighs the possibilities and finds to hia
r^ret that "brutality, recklessness, and licentiousness are
^treading more and more in the growing generation," that
"iriioever has once got deep into the mire of criminal life b
acarcdy able to get onto firm ground agiun" (the recidivist),
and that administratively "we have reached a point where
the ^parently firm foundations of criminal law appear to
The remedies he believes for these things are to be found
in those generally adapted to the increase of economic pros-
perity and the reduction of poverty, in education (particulai^
as to the effects of alcohol), in the establishment of coffee
and recreation rooms, in the devdopment of regard for law,
in the care of selected children and of released convicts, etc.
And he makes a strong a^^ument based on observation and
statistics, Ln favor of the "conditional sentence" (correspond-
ing to our "suspended sentence"), the parole, and the aboli-
tion of fixed terms of imprisonment. .
It b characteristic that the author does not advance these
pn^KMitJons as necessarily of established de^rability, although
it seems that tb^ have been so regarded in this country for
some time. He bases hb ai^uments and advocates their
adoption not on theory but on collected data, while we usu-
ally proceed on the plan of trying anything that looks good
to us, and then discarding it if we are disappointed in the
Ksohs. Not all of hb proposab are such as to commend them-
selves to a people among whom respect for law and effective-
ness of procedure are so far below those <^ the author's own
oonntrymen. Hb suggestion that the State might re-imburse
ev&y citizen for the damage sustained by him from the crimi-
nal act of another b not likely to be adopted in a land wbere
XXU INTRODUCTION TO THE ENGLISH VERSION
sach a doctrine would undoubtedly immediately result in a
dduge of criminal prosecutions instigated solcjy by a desire
for fingnt^ftl profit on tbe part of the complunants.
The most important lesson to be learned from this admira-
ble book is that which obviously the author has most at heart,
namdy, that as Krohne says, "even if you have the best law,
the best judge, the best sentence, and the prison offidal is
not efficient, you might as wdl throw the statute into the waste
basket and bum the sentence." We in America (indeed it
is not confined to us) are prone to find in the mere declaration
of our principles known as law the final solution of all problems
and the end of our labors.
We cheerfully pass Sunday closing ordinances and buy
drinks at the "blind tiger," or, if we are not so hypocritical
as to do this, innocently trust to the honesty of our fellow
dtizens not to do so ^ther. But laws are only printed words
on ptq)^'. Theories of government and of the administration
of justice are of no value so long as they remun only theories.
You can have the best system on earth and unless yon have
the right men to cany it on you will have corruption and
chaos. You mi^ have a prison so ardiitecturally beautiful
and so sanitary in its arrangements that it will ddi^t every
committeeman who goes to inspect it, but if the wrong man
is in charge it will be a den of vice and a heU on earth.
Tlie author uiges that the training of judges should include
some (voluntary) temporary service in penal institutitms.
We may doubt whether the uncert^nties of political life
would lead many candidates for judicial office here to qualify
themselTes in such fashion. Such a proposition is feasible
in Germany, however, if not in America. The idea back of
the suggestion is a fundamental one. Ours may be a govern-
ment of laws and not of men, but the fact remains that aU
laws and all institutions must be administered by men, and
INTBODncnON TO THE ENGLBH VERSION XXIU
Uut 90 far as society b concerned tbe effect of his period of
imprisonment upon the convicted criminal may be of more
&r-reaching importance than his original offense. We have
overiooked the fact that the imporiUon of sentence is not the
end of the application of criminal sci^ice but rather the
beginning.
There are few theories connected with the causes and the
means of repressing crime which are not discussed and tested
by the data at the author's command. As a comprehensive
review of the subject no student of criminology can afford
to neglect so thorough, well-balanced, liberal-minded, and
authoritative a book as this, and while its scope is necessarily
Knitted to German institutions it b safe to say that its lessons
are equally applicable to our own.
Abthttb C. Tkain.
Jjom 1. UlS.
3,a,l,zt!dbvG00t{'lf
^laiiizodbvGoogle
CONTENTS
Gbmkb&i. ImBonumoH to thb Modern CbdoKjIL Soxncii Smma v
Edttobiu PatatACK, bt Maurice Paruelke xi
iNTBODOcnoN TO isB Ekoubb Vbbsiom, bt Abthub C. Tsaik . . svii
Lm or AsBSEVUTioNa of CiTATtoNS to Sbriai^ and Pxbiooicau nvii
INTEODUCnON
S 1. THks and Methoda 1
PAHT I
The Social Cadsm <» Ctcaa
" 5 «- CUadfimtJon H
i $. Crime and SeaacA 16
i 4. Baoe and Rdigion 80
S S. Oty and Country; OocupKtioD 01
§ S. National Ciutonu. Akolxd 00
i 7. Other Fomu of Indnlgeoce fft
{ 8. Piortitution M
I S. GambUng and Supcralition 100
§10. Eoonomic and Social Condition 1D2_
PAKT n
The IxnivnroAi. Cauan or Cena
511. InG«neral IsT' ^^J
i IS. Fwentage and Truning 124 ^ .
f IS. EducatiMi 136 *) iS
J14. Age 139
1 14. S« 158
I ML Domertic SUtoa IW .
I IT. Tht Phyncal duiacteristics of the Criminal 168
i 18. Hk Mental Chancteristics ot the Criminal ITS
1 10. Menial DiMasM amoog Criminala 186
i SO. Tltt Claaaificslioo of Criminals 108
- - Coogic
2Xvi
PABT m
Tbb Stbuooix AGAnrar Caon
i«l. Tbe CrimiiMl PliTBOgiKiiiir of the PKa«nt . . .
-4SK.
S«s.
S U. like Pnipoae of Ponuhmait 8M
E 8S. lite Umdi of Pmuahmcat tU
{ M. T"^VT"'* iBT^atOTn, Sufpended Sentenoea ADd PtobatioiiAl RHrMP , S85
{C7. Hw AbolitioD of fl»d T«nRa o( PimUiiiMst M7
SSS. The Tnatment ei JnraiilM Bod Fkitiidlr BcvoDnble FCMoiu . S10
|S9. Condowm SIT
hfomx. 3KS
^laiiizodbvGoogle
LIST OF ABBREVIATIONS OF CITATIONS
TO SERIALS AND PERIODICALS
AbhsndJuiiff^i dcs Irr i min^liBtiwIipn Scnun&rs. *■ AbhA&dluntfm des
krimiiudisUsdieD Seminars an der UnivenriUt Berlin. Ed. von
liasL Berlin 1888 + • Irregulftrly ; new ser., voL v., 1908.
AUg. statist. Archiv. — AUgemeines statistisches Ardiiv.. Tubingen.
Irregularly.
Allg. Zeitachrift f. Psych. - Allgemeine Zeitschrift fUr Fsychiatrie
und psycbisch-gerichtlicfae Medicin. £d. Damerow, Fletn-
ming. Roller and Laehr. Berlin, 1844 + .
Allgemeine YfUaier meditinische Zeitung. Vienna.
Annales dliygifaie publique et de mfidecine legale. Paris, 182S + .
Asnalea mMico-psycholog. ~ Annales m^co-psychcdogiques. Paris,
1&4S + .
Ardi. di psi^ e d'uitrop<J. — Archivio di psichiatria, scienze penali
ed antropologia criminale (formeriy entitled^ ArcMvio di psichia-
tria, neuropat4>l(^ia, antropologia criminale e medidua legale).
Turin, 1880+.
ArduT fUr Dermat. — Ardiiv fUr Dermatologie und Syphilis,
^eona, 1869+ .
Aich. Erim. Anthr. •■ Archiv fUr Kriminal-Antliropcdogie und
Kriminalistik. Ed. H. Gross. Gniz, Leipeig, 1899 + .
ArdiiT fUr Rassen- und GeadlsdiaftabicJogie — Archiv flir Bassen-
und GeaeUachafts-Biologie einschliesslich Baasen- und Gesell-
■dufts-Hygiene. Berlin, 1904 + .
Aidiiv fUr Strafrecht - Archiv fUr Strafrecht (originally A. fUr
preusnsches Strafredit, then A. fUr gemeinea, deutaches, und
preussisdies Strafrecht). Ed. Gdtdammer (dted often as
Gdtdammer's Archiv) ; afterward ed. Mager and Halm ; now
ed.Kdiler.J. Berlin, ISfiS + .
Biologis ch ea ZentralBlatt - Biolc^tadtes CentadbUtt. Leipzig.
Semi-.m.
BUtter fUr Geftngniskunde - BUtter fUr GeOngniskunde ; Oigan
des Verdns der deutschen Strafanstaltsbeamten. Ed. Ekert,
G. and Wirth, O. Heidelberg, Kasset, 188A-f .
. ,l,z<»i:,.,G00gIf
xxviii LIST OF ABBEEVIATIONS OF CFTATIONS
Bulletin de I'iiutitut internatiooale de Statistique. Rome. Irreg-
ulari}'.
BuUetio de IITiiioii inteniatioiiale de Drat pinal. See Mitthd-
hingeo der I. K. V.
MitteiL der L K. V. — Mltteflungen der mteniati<uiAleii krimma-
listJscheD Vereiiugiing (same as Bulletin de llJuion inter'
natitmale de droit p^nal). Berlin, Beme, 1889 + .
BtSchTErimFB^ch. ■• Mcmatsachrift fUr KriminRlpaychcJogie und
Strofrechtsreform. £d. AachaSenburg, Kloss, von Dlienthal
and vcm Liszt. Hnddberg, 1904+.
Statistik des Deutschen Beichea ; Neue Fdge. &iminalstatirtik.
Berlin, 1888 + .
Titrteljahrsschrift f. gericht. Medizin ^ Vierteljahissclirift fUr
gerichtliclie Medizin mid B&entlicliee SanitAtsweseu. Beriin,
1853 +.
ZStW. - Zeitschrift fUr die gesunmte Stmfrechtawissenschaft. Ed.
Dochow, TOO Liszt, von lalienthal and Hertz. Beriin, 1881+.
yeitaclirift fttr Sozialwissenscbsft. Berlin.
^laiiizodbvGoogle
CRIME AND ITS REPRESSION
INTBODUCTION
g 1. ItiJci and Mtttliodi
To the criminal judge the essential condition of punislunent
is the commission of an act that the law has branded aa a
crime' and threatened with ponishment. "Nullum crimen
sine lege." This view, "the comer-stone (rf criminal law," *
conforms to § 9 of the Penal Code: "An act can be punished
only if the punishment was legally fixed before the act was^
begun." In other words, an act that is a crime under the
listing law ceases to be one if the statute in question is re-
pealed. This is the case, for instance, with § 175, for the
r^>eal (rf which mai^ grounds have been advanced both by
jurists and by pfaysidans. If the demand for its abolition
should be granted, sexual intercourse between persons of the
male sex would no longer be a ciime.
On the oth^ hand, § 2 withdraws from the judge's sphere
of power all those acts the codification of which has been
(Knitted, either purposely or by inadvertence, or the culpa-
bility of which ia lackii^ owing to the wording of the stat-
utes. There is no lack of examines: the sexual intercoiu-se of
women with one another, indecent acts committed by a father
on his daughter,* the being an accessory to a crime the prin-
dpal perpetrator of which is acqiutted on the ground of irre-
' Ihavetiaed theword"cruiie"mthefoIlowiiigUzt,«veo whei),aceording
to the three divtaioiis ui our crinuiud code, 1 un ip*flVirg only of ftn offence
* Gaufp, "Zv Rilom der |f ITS, 17« I
HI).
".OOglf
.■2 : : -.:.-. -.- INTHODCCTION [§ 1
sponsibilily, — all these cannot be punished. Id <ffder better to
get hold erf procurers and panders, and to make the thief of
electric power accountable, special statutes had to be enacted.
Geyer ' wonders at the view, which is a matter (A course to
the Don-jurist, that, when an offender f wis in his attempt to
commit a crime because he does not make proper use ^ the
means that he has diosot, he shall stiQ be punishable, and
as an example he m^itions a cook who put a few grains of
powder in a dish under the bed c( her rival and set them off
with a match. Because her plan fuled, and was bound to
fail, owing to her inability to use ptopaAy the means she had
chosen, the woman should be acquitted! Zuc^er* ^ves the
following exanqtle of an unpunishable attempt that failed be-
cause the object was unsuitable: "In our opinitHi the crime of
attempted incest does not eadst when a man cohabits with a
woman, bdieving hn to be his sister whereas in reality she
proves to be the foster <^d of his parents." > It may be im-
possible criminally to prosecute such a man; but, psychologi-
cally, the subsequent proof that there is no blood-rdationslup
between the persons does not make the act one whit the less
abominable. On the other hand, under some dircumstances
a grave crime may be a laudable act, as, for inatnTwy, the mur—
der of Marat hy Chariotte Cord^, or the act of a mother who
steals, or prostitutes herself, in order to save her sick child.
The *hiTilring judge, with whom the judgment of the indi-
vidual case rests, and who is not content merely to establish
the purely external tacts and the ^plicabili^ of a certiun sec-
tion and a certain penally to the act, cannot take much satis-
faction in his pnrfesaon. "A most unhealthy fmnalism in
' Geytr, "Ober die Mgawiuiten nntan^idiai Vcna(ii«vcriiaiidlnL|[ea''
(ZStW. I. 35).
* ZveW, "Nodi tin Wort nr Lebic vom ontan^dMO Veiradie" (Aiduv
fSr Sbafaccht. XXXVI, 370).
...Coo'^lc
§ 1] TASKS AND METHODS 3
ibB qoestioii of punishableness, and s most f ar-re&chiiig judicial
diacrrtion in the extent of the penalty, stand in contradiction
to e«ch other." ' The writtoi law hdds the judge within
rigid limits, that leave but little room for the consideration of
pggt ^lopcal motive s. That the circums tanc es under which
a crime is committed should be taken into account, is shown
by the provisions rc^anUng needy condition, ext^iuating dr-
I, irresponsibility of insane persons. Full and partial
T from punishment, as well as by the fact that the
f is increased if an offense is often repeated. And yet
these are only a few pconts, and are far from enabling us to
do justice to the psydioli^cal judgment of sudi a compli-
cated phenomenon as crime.
For that purpose more study is necessary than that of the
ocHnmaifauies oa the eriminal code. "I see the deepest reason
for many of the defects of our present conditions in the purdy
juristic education <^ our theoretical and practical criminalists.
I do not for a moment demand that the criminal judge and
lawyer should make anttmqiolc^cal or statistical investiga-
txHia; but I do demand of him that he should be as Familiar
irith the results at criminal biology and criminal sociol<^y as
with the provisions ot the criminal code and the decisions oF
the national courts." So soys von IJszt,' who thus values
the study of crime as a sodal phenomenon and of the nature .
cl the criminal as highly as be does the knowledge of the
Iawb — and ri^tly so. Our administration oF criminal law is
no dbstract science, but an applied policy towards criminals.
He necessity of establishing its foundations more firmly
CMUOot be overiooked, except by him who will not or cannot
aee wbiA criminality means to the State. The criminal sta-
* W«A."ZnknattdtaStiatitcbU." Rede Behalteii b DOMddorf aut der
g der BbeiaiMb-Wcstfilluchen Gefliugiiu-Geadlfd»ft.
* «m HiMt. "ErimiiwIpoatiM^ Aufgftbeii" (^tW. IX. 4H).
4 INTEODDCnON [§ 1
tistica for the year 1909 show 536,603 pefsons ctmvicted of
629,271 acta. — 1192 convicts per 100.000 persona of pun*
ialiable age. And it most be borne in mind that the statistics
deal solely with dimes and offenses agtunst national laws,
not with those against individual State laws, and thus not
with the numberless minor offenses, which can safely be esti-
mated at 2,000,000, at least. Whoever knows this (and every
jurist should know it) is curiously affected by the conmion at-
tempt to weaken the ^ect of these figures by calling attention
to the many cases of oe^ected vaccination and such mincH:
matters. The seriousness (^ the state of affairs which raaJces
such trivial remarks entirely inappropriate most certunly
demands a dear and unobstructed view.
In 1909 the German courts pronounced 3S death, sentences
and condemned & persons to prison for life; the sum tA the
penitentiary ("Zudithaus") sentences would amoimt to at
least 22,000 years; (A the prison sentences, to 52,000 years.
Von Krohne estimates the cost of criminal prosecutions and
the carrying out of sentences in Prussia at 120 million marks.
Is it necessary to add a word of explanation, as to why the
judge should leave the courtroom and the study and go out
into life, among the people, so that he may leam to know crim-
inals, and then, in a different way and better equipped, take
up again the strug^e against crime?
Whoever sees in the science of criminal law merdy a train-
ing tor logical thou^t, and is glad when he has found the dead
formula that 6t3 the living deed, will find nothing significant
in the figures quoted. But he who is not satisfied to judge ac-
cording to the letter of the law will not care to proceed without
contact with the daily life of the people, and, above all, he
will not be content to lack the knowledge <A criminal sociology
which is offered him in the statistics of criminals or of morality.
They show under what external circumstances a crime
, ...... C.ooqIc
§ 1] TASKS AND METHODS 5
omnes to be committed, how tbe world in which we live exer-
cises its influence and directly and indirectly gives the in-
centive to criminal actfi. But th^ also permit us to perceive
that, besides the social processes that operate on the individual,
there are also in him physical and mental causes. Thus we
gain a deepened insight into the psychogenesis of crime. A
wealth of new aspects confronts us, — new questions to which
answers camiot always be giv^i. For there can be no doubt
oa this point, that the p^didogy <4 crime and of the crim-
inal is no finished sdence — it is too young tot that. But it
uncovers one after another the causes that produce crime;
it illuminates the depths that are hidden from the judge with
his ever-ready decision; it shakes the foundations of the crim-
iniU law. Not, however, that we are to watch in despair the
c<dlapee of so fq>paTently firmly built structure. Criminal
pgydtology seeks to probe the causes of crime and to measure
the efficacy of punishments; on the new foundation it hopes
to build up a new criminal law, which will protect sodety
better than the present one and secure the individual from
the attacks of the criminal. That is its goal.
But wiiich is the path that leads to itP
"Criminals must not be regarded as the refuse of sodety,
they are rather a part of it, — as a wound a a part of the
body." This remark of Corr6 ^ is as striking as it b true; the
criminal worid is an inseparable component part of human
society, with which it is most closely united in growth and
from which it continues to draw fresh nourishment. Only
within and in relation to society can crime come into bdng.
But if it is naify the sore spot on the social body, we are
-tempted to extend the comparison, and to proceed with the
stody ol criminali^ in the same way that clinical research u
usually undertaken.
* CarrI, "Emu mr la GrimnwIiU^" p. TC
L ,l,z<»i:,.,G00gIf
6 INTBODnCITON [§ 1
The first question to be considered in ntedkane is the cuue
and ori^n of a disease, — the etiology; then the symptoms;
from these we form the diagnosis, the distinction from other
diseases; and finally we come to ther^y. Proceeding in this
way, we should first have to investigate the causes of crim-
inality; then the different forms mider which ciime t^pesrs.
The diagnosis corresponds to the question of the classification
of criminab, to the question of the existence of Lombroso's
"bom criminal." When we are at last in possession of cer-
tain knowledge in this direction, when we can survey, as far aa
possible, the nature <rf crime and its causes, then we come to
consider the most important practical question: How shall
we treat this sore on the body ot socie^F We shall have to
consider and to judge the gristing measures, and — if pre-
vious methods of treatment should prove to be inadequate —
to find out what can be done, — a task as important as it is
absorbing.
The compariacm with natural scimtific subjects shows ns^
not only the direction we should follow, but also the method
we should use, — that of objective observaticm. Wh^i we-
have seen under what external drcomstanoes a crime is com-
mitted, we shafi have to try to find the relation betweot the
crimes committed and the phenomena of life that are familiar"
to us.
Ton Ijszt ' has come forward in a lecture as an exponent
of the view that the roots of criminality, in so far as it b not
a social ^mptom of disease, must be looked for in normal
social life. I am entirely of his opinion; and I have, therefore,
endeavored not to base my explanations on individual cases,
which merely show how life and its irritants affect one person,
but on the phenomena of masses, the most frequent crimes.
> "Die geMlbduftlidMn Faktorai der Krimiiulitllt" (ZStW. XXHL
808).
DiailizodbvGoOgle
§ 11 TASKS AND METOODS 7
With the bidividual case, absorbing as it m^ be psycholo^-
cally, the pecuUari^ of the individual obscures our view of
the universaUy valid causes, and chances cannot be separated
from the regular phenomena. We shall, therefore, without
denying the importance of observing individual cases in de-
bul, keep in the main to the large numbers that the criminal
statistics ' offer us.
But here we meet at once with two great difficulties. One
lies in the collection of statistical material,* the other in the
malnng use of it. It is not feasible to use absolute numbers
as a measure for comparison. We shall see, for instance, that
in F-"glft"H, during the periods from 1861 to 1863 and from
1879 to 1881, crimes against the person were as 100:102,
crimes against property, as 100:110, yet this does not show
that these crimes have increased. As a matter of fact, 'the
population has increased by more than 30% in the same
period so that it would be a gross error to assume that thefts
and cases of assault and battery have increased. It Is not
evea entirely correct to establish an exact parallel between
the increase in crime and the increase in the population. The
increase in the p(q>u]ation is felt chiefly in the swdling of the
number of minors, and the p«%entage of crime among these
is greater than among adults. With tius restriction — the de-
fect cannot be removed by calculation — the method used
in the criminal statistics of the Gemias Empire (that is, of
relating the crimes committed to the niunber of inhabitants
over twelve yeus of age) may be regarded as the fairest.
' G«nnan crimiiul (Utiftici appear annually, eicdlently reviaed and «r-
langed in one Tolumei publialied by the Impeiia] Statiatical Bureau. Putt-
WnirmT und MoUbrecht, Beriin.
* Compare aa regards tiw whole quMtJon: •»» Oettinirm, "Monbtatiatik,"
Sd ed., p. 440; ton Sehed. "Zur EinfUhning in die EiinunalataUftSc, imbe-
aMidere diejoiige dea DeuUchen Reichea" (Allg. statiat AichJT., I. 185);
■m Uogr. "Ke Nntibannachung der Erimmabtatistik" (MSclirKtiinPlTdi.
1.48).
_,.. . Cooglf
8 INTRODUCTION [| 1
But even the rdstive numbers cannot be used as they stand.
Above all, it must be considered at what stage of the I^al
proceedings the census must be taken. Should the crimes, the
accused persons, or the convicts be counted? In the crimes
we find the act, but not its producer, — the consideration <rf
whom is the most important point tor us. In many crimes
several persons are involved. Of the punidiable acts which
were followed by convictions in 1903 in Germany, 45,437
(=7.5%) were committed by several persons. These cannot
be disregarded, especially as th^ mvolve at least 100,000
criminal persons.
Among the accused, again, there are many innocent per-
sons, as well as others whose guilt cannot be proved. The
number of persons acquitted amounted in 1900 to not less
than 148,211, more than a fifth of all those accused. All
these are without significance to us, though not in evory re-
spect. Acquittals, indeed, are subject in the hq^est degne
to the effect of the genera) feeling for law, to current pc^Hdar
views. This is shown by a comparison of the administration
of justice in different countries; I need only mention the fre-
quent acquittals in Latin countries of men driven to crime
by the unfaithfulness of their wives. But even with us similar
phenomena are not lacking. Every attorney who ia defend-
ing a penon charged with arson objects, in his dient's interest,
to having farmers on the jury, because experience has shown
that in doubtful cases they are more likely to find the accused
guilty than are men who live in cities; and, on the contrary,
when a man is charged with violation of oath, his attorney
will prefer peasants as jurors. Even the judge is mote influ-
enced by popular views than he realizes, and pays tribute to
them. This is no teproadi; to assume that the judge is not
also a child of tus age and environment would be to deny
the foundations of our whole thought. Looked at fnnn this
§ 1] TASKS AND METHODS 9
point of view, acquittals are of the greatest interest; \hey
afford us an insigfat into the opinious of certain times and co^
tain peoples.
Another objection to in^lHng use of the number of chaiges
brought is their dependence on the skill of the police; it is
Iai^;el7 a matter of the cleverness and activity of the police
whether a criminal prosecution is possible. And, finally,
the "criminal irritability" * makes itself felt, which causes
the public to daim the aid of the criminal judge in ever
inaeanng degree.
Thus we oome to the use <^ the number of convicted persons.
In this way we are of course obliged to leave out of account
all the numerous cases in which the criminal is unknown.
Bat, on the other hand, in considering the convicts, we are
able to ascertain most of the factors that come uadet con-
sideration in seeking out the origin of the crime. Hence it is
the number of convicts that seems best adiq>ted for our use.
The trivial errors that sUll cling to these statistics can scarcdy
be avoided; the advantage of absolute accuracy, which their
correction would give, would be far too slight to justify the
vast amount of labor that would be necessary.
As has been mentioned, the minor offenses are lacking in
our Imperial statistics; thus, they leave unnoticed the whole
great army of bc^ars. tramps, and prostitutes. As regards
these, we must seek other sources. Some crimes are r^re-
sented in the statistics by figures that ate far below the reality.
Ihis is true, for instance, of offenses under § 175, and es-
pecially of criminal abortion, of which Lewin * rightly says ;
"Such an open, universally known, and universally disre-
' Btt^trt, "Die Bew^ung im StnJtedit« wlUii«nd der letsten dreudg
Ma^" Onwlcn, von Zahn & Jkiuch. 1901. p. 64.
' Lnein umd Brmmnf, "Die Frucbtabtmbung durch Gifte uud andoe
Woo." Beriin. 18W, Aug. Hinchimld. p. 7.
.ooylc
10 INTRODUCTION ($ 1
garded, mockery <rf the law aa exists should not be permitted
to continue." If, as regards this offense, statistica leave us
in the lurcbt we must look tor aid elsewhere; that this is pos-
sible, and how it is so, Lewin's book has shown. In respect
to the principal crimes, however, especially theft and assault
and battery, the statistics are an inexhaustible resource, giving
us new and valuable results on every fresh examination.
A further difficulty, to which von Liszt * particularly calls
attention, is ttus, that the criminal statistics deal with the
technictU juristic conceptions of crimes used in the criminal
code, which do not coincide with the psychologicaUy effective
motives of the act. The Penal Code formulates its ccmceptions
of crimes according to the interests injured or menaced by
the act, and from this point of view divides the crimes into
groups. In mminal statistics which are intended to show
the causes of crime, another method of grouping is necessary.
A few examples will show this more dearly. During the years
1892-1805 there was a considerable decrease in the number of
thefts, simple thefts (not repeated) diminishing from 107,904
to 86,656, more serious cases from 12,228 to 10,235; thus the
decrease amounted to 17% and 20%. Another crime which,
with thdt, is reckoned among the crimes and offenses against
property, increased by 15%, namely, malicious mischi^.
Now, if we look further for crimes which show a similar
increase, we come across the convictions for insult and
assault and battery. These "crimes agwist the person"
increased in the same period by 18% and 91%. This differ-
ence between the course of theft and the course <A malicious
mischief, which is noticeaUe at all times, is so strildng
that certain reasons must exist for it. Th^ t^pear at tmce
when we compare the psychological processes invtJved in
both crimes. Theft is usually carried out with deliberation
> ton LuH, be. ciL p. 474.
L ,l,z<»i:,.,G00gIf
§1] TASKS AND METHODS 11
tnd piemeditatioii, as quietly and secretly as possible, moat
often at night; malicious mischief is seldom done deceitfully; ~
as a rule it is inflicted in a rough, brutal way, loudly, openly,
frequently as the result of alcoholic excesses. This explains
the similarity betwem it and the figures for assault and bat-
tery and insults, which usually spring from the same cause.
Thns, peycholo^cally, malicious mischief should be grouped
with assault and battery, not with thefts.
A further example is found among the sexual crimes, which
include inducing women to prostitution, as well as rq>e.
Now the former is always based on the lowest kind of avarice.
It is an act always carried out with deUberation, more often
by women than men, and in many cases by persons who are
long past the age of sexual attraction. Rape, however, arises -
bom the brutal and uncontrolled sexual excitement of the
moment; it can, of course, only be committed by mm. Many
cases of insult ("Bel^digung," § 185) would have to be char-
acterized pqrchologically as sexual crimes.*
Crimes that differ so widdy psychologically should not be
classified in one group, if criminal psychological knowledge is
not to be always in danger of being led astray. The Imperial
criminal statistics distinguish between four groups : crimes and
misdemeanors, 1, against the State, public order, and religion;
2, against the person; 3, against ptaperiy; 4, crimes and
misdemeanors in office ("imAmte"). Seuffert' is right in
emphasizing that only the last group is of value for the com-
prdiension of criminality.
It cannot fail to be recognized that statistics still leave much
to be deared; for improvement in which we cannot hope till
the needs of a practical criminal psychology shall have been
more exactly determined. But the foregoing makes dear our
> Atdu^atbura, "Zm Paydiologie der Sittlidtketts*«t««dMr" (HSduw
KrimPiTcb. n, «00). ■ St^irl, loe. mt p. SS.
12 INTRODUCnON [§ 1
second difficulty, that of xisang the (acts established by crimi-
nal statistics. We see in the figures crimes espressed only in
the terms of the criminal law. Hence, we must be cautious
about drawing far-reaching condusiooa from them. Ad old and
proven principle of medical science teaches us to beware, in all
examinations, of confUGOUg the " post hoc " with the " propter
hoc." Only, for instance, if we see the same symptoms appear
. repeatedly after the application (rf a remedy are we justified
' in bringing the medi<nne mto causal connection with the result.
Hence, the same principle applied to criminal statistica also
demands that we should infer an inner connection, ooiy if
we repeatedly find the same relations between external cir-
cumstances and an act that we are inclined to believe is cauaed
by these circumstances. Whether these causes are snffiaent
to exphiin the occurrence of the crime, should be made the
subject of the most mature consideration. Repeated exam-
ination and careful criticism will prevent our accepting false
causes, will guard us from simple errcvs; from advancing false
assertions in which the wish is father to the thought — and
these are not so very rare — our scientific honesty most pro-
tect us.
Only the most careful lestraint can prev^it our confusing
^parent with true causes'. If, for instance, we find that the
love of pleasure has an unfavorable influence on criminality.
it would be incorrect to make love of pleasure responsible for
an increase in crimes, espedally those against the perscm.
It is only the ^parent, outward canae; the true one is the
alcohol consumed at places of amusement and on festive
occasions. The difficulty of interpretation makea <»Iy sktir
and cautious progress possible. We must never forget that
the criminal statistics give only the naked figures; that Qxy
talce no account c^ minor cffeaaes, and can, therefore, ffm no
exhaustive picture of the criminal worid.
L ,l,z<»i:,.,G00gIf
§ 1] TASKS AND METHODS 13
Nereitbelcss, it is worth while to try to aummarize what
theae figures can teach us, to try to breathe life into the dry
ntimbeis. Thou^ some paths m^ be trodden in vain, and
some Toa^ prove to be blind, yet the trouble taken is rewarded
by the new points of view obtuned, from whidi another may
see the goal more clearly and seek to leadi it with p^iaps
greater niccesa.
^lailizodbvGoOgk'
^laiiizodbvGoogle
Pabt I
THE SOCIAL CAUSES OF CRIME
g 2. Clauiflofttion
In view of the prevailing uncertainty as to whether we ate
justified in bringing a criminal act into causal connection with
the accompanying conditions, the outcome of any attempt to
poup the causes is dubious from the beginning. Nevertheless,
I have divided them into two large groups: soci^^^uaes, and
in diviijua l-causes. This division, however, is not intended
to aotidpate the discussion of the causes, nor to assign to
tboae dealt with their ultimate place, but merely to arrange
them in a scheme for discussion. We shall soon see that the
first group concerns only external conditions the general
fluctuations of which influence the commission of a crime; the
second group will always lead us, in the examination of the
individual's personal inclination to crime, back to the soil
from which the individual springs, and thus direct us back
aioag the way to the social causes. For the soil in which
crime generates von Mayr has coined the term "external
impressioDal influences," for the individual disposition,
"personal impulsional influences." The latter term in
particular contiuns a certain judgment of the individual
factor which seems to me to go too far. For we shall see
that in most criminals there is no inner impetus towards
crime, but merely the inability to withstand the pressure
of external driving forces. Hence it seems to me that the
fM terms correspond best to the real conditions. To what
extent the two groups of causes cover each other, and liow
IS
L ,;™:,G00glc
16 THE SOCIAL CAUSES OF CRIME [§ 3
often a careful examituttioo makes it oecessaiy to change the
grouping, will appear later.
§3. Crinu and BeaMO
Some crimes show a striking dependence on the season.
Differmces in tiiar frequency in summer and in winter are
noticeable in all countries; hence, it is not surprising that
this phenomenon has long been the subject of special atten-
tion. Yeti in spite of this lively interest, we are still rather
TABLE I
&IZUAI. Csnm cf Bjcllvov to &um>k vt VmxvK. ISKT-ISW
(After Fern, perMoUge* reckiHied by the antbor.)
Srou
CmmD
FlAHCB. 1M7-1M*
Din OF'
«»<w
»-i8n
Hoais
OmAkcw.
OmChbj
n-
sss
%
Nu»^
%
nSSS
%
J-ni-17
584
7.09
1.100
&jn
2,008
7.84
«3
'9S*
1,0*1
5.24
2.661
Silt
M»dl .
MS
7.8a
1,366
fl38
2,906
7.8B
April. .
008
7.39
1,700
8.M
2.887
8.e«
M-y . .
904
10.98
2,174
10.95
&OflO
flJl
June . .
1,043
12.87
%BSS
18.03
3.018
0.0B
July . .
860
I0.4S'
2.469,
12.42
2.911
8.76
Angort .
7H
9.64
2.208
11.13
2.742
8.25
Septanbtt
853
7.93
I.77S
8.93
<310
8.46
Oetober .
BSS
OM
1,447
7.2S
2.625
7.91
Noranber
SI*
6.24
983
4.BS
2.620
1»
December
534
«.49
939
5.05
2,665
8.02
Unknown
1,421
16.160
at a loss as r^ards the deepest causes of these fluctuations
and are scarcely able to get beyond surmises. This, however,
does not detract from the importance of the facts themselves.
Table I, after Ferri,* shows how sexual crimes in France were
' Inotead of tbe irrderant dayi of t»rUi.
* Ferri, "Dai Verbrechen in seiner AUtinp^eit voo d(sn ^ihriidtea
Tonpemtarwedi^" (ZStW. D. 88).
. ,l,z<,i:,.,G00^lf
§31 CBIUE AND SEASON 17
distributed over tbe different months during the yeara 1827-
1860. The commisaion of these offenses becomes more tre-
[ quent from March on. The increase is rapid until-the maxi-
mum is reached in June, after which it decreases just as
n^dly, and from October to Februaiy remains at approxi- -
TABLE n
Toe CBiMiHAUTr or Gebiunt a
("SUtiatics of the Gennui Empiie," N. F. LXXXIU, II, p. 52.)
It there ue 100 offenaea per day in the jetx, there are per dsy in the month :
mately the same low point. These differences between the
months ore much more clearly marked where the objects
of the crimes are children, the month of June exceeding the .
winter months by more than 130%.
The statistical card-records of convicted criminals in Get-
THE SOCIAL CAUSES OF CRIME
[53
PIATE I
Cnu AMD SUTCN iH Gmbhant (lass-lSM)
r^Utittka of the Germui Emjnit," N. F. T.Tnmn , n, pp. ff^ SS.)
■ ■' — Sextul crimes.
■B-^ ObwxneacU
•^-^ Sinqik UBanlt and bttttxy.
o Oil- Aggnvmted aMMilt and batteiy.
— ■u» Insult
ISOX
Mmt
t^
^
I3IK
I
'
CZOX
jl
//^
110%
i
^
S^
V
V
nra
J
r
1^
nx
(^
^^
i
aoK
y
/^
'
\
\
s
m
i>
■y
V
^
^
ax
/
^
"N
so%
40%
30%
20%
»%
..0%
J»<.
Fdi.
Mnl
VII
Ihy
Jiaia
Ljriy
«^
Sq.t
Oct
Nik
»«■.
CRIME AND SEASON
19
531
mai^ also contain a column: "Time when the deed was com-
nutted." The results of these records, which have been kept
(or years, are presented in the criminal statistics for 1894.'
The calculatJon is based on the period from 1883 to 1892; its
value is considerably increased by the fact that the inequali-
ties in the length of the months have been corrected by exact
calculatitm. Consequently, the figures given in Table n can
be compaKd without alteration.
TABLE m
Bl CoNCKPnONB m THB DiFTEBBre MoMTBB □( GHUUIfT
(187B-1888)
(StatirtKal Ymi^Book tor the Gennui Em[nK," ISSS, p. SI.)
D the ftTOB^ number ol caoca per day m t]ie year ii 100, the auaiba per
day in tbe diSetent nKmtlls ia;
The increase in sexual crimes begins in Germany in March,
just aa it does in France; the maximum is reached in July,
after which the number quickly decreases; a veiy similar
curve is shown by "obscene acts," except that in this case the
nmxitnum is reached in June. The fluctuations are tremen-
dous. July exceeds the winter months by more than double
■ "Statiitik 6a DenUcben Reicbca," N. P. LXXXm.
L ,l,z<,i:,.,G00glf
20 THE SOCIAL CAI^ES OF CRIME [$ 3
the number of sexual crimes. Tliis is strikiiif^ shown oo the
preceding plate (I).
We come now to the question: What is the significance trf
this phenomoMMi, which m^ be observed in the same way
in aU other comitries as well? As long ago as in 1831, Vil-
lerm6 ' pointed out that the births are by no means equally
distributed over the different months; that, on the contrary,
they show perfectly r^ular fluctuations in frequency. . 'The
births are, of course, a matter of indifference to us, bat of
greats importance is the psycholojpcal significance of the time
of concepti<Hi. As Table I, taken from Ferri'swori£.show8, the
increase of the conceptions in May and June in France is
unmistakable, although the differences of the single months
among themselves are not very great.*
In Gennaiqr the differoices in the months of concep^n are
quite independent of the marriages; Lent and the harvest
season cause the latter to be poatpcmed to more oonveni«>t
times, so that the curve of the marriages shorn two deep
incisions. The variation in the number of births in the differ-
ent months is not, at first si^t, very great; the days of con-
cepticm culminate at two p<unta, one in December (the holiday
season), the other, the highest, in May. This month exceeds
the lowest one, September, in ten years, by 1418,000 births;
this is a proof of faow significant m the course of longcx' p^oda
the variation in the different months becomes.
But a matter of spedal interest is the relation of the
legitimate to the ill^timate births. He number td ilk^ti-
■ FiBtrmi, "De U diatribubon par moia des conceptiaaa et des niiwana
de llkoiauDe" (AuMkf dliygitee poUique et de mMectae Itgtie, IBSl, p. U).
' TTte iwtpondewBce ol the CBnwp ti on* bom April to hme ia mort dtuiy
•howiiintlMSwiMfUtuticafOT'tbeTeHalSTl-ISea (il«noJii, "SUtiatiMbe
Untemidiinigai libei die RoUe dea AlkohnU bea ds Bntstdmng dwongmllKa
Sc&waduiiuiea,'' Intemst. Hooataadir. s. BeklnqiAac dcr Triubitto^ TT^
. ,l,z<,i:,.,G00^lf
§3] CRIME AND SEASON 21
Dute concepUona rises rapidly from Bifarcb od, readies its
TnnTimiim in May. as does the number of Intimate concep-
tions, and then sinks again r^idly. From September on, it
remains, apart from a slight rise in December, till February,
below the average. Thus we see that the differences in the days
<rf oonceptioD among the unmarried are much more marked.
The comparison of these dates shows the influence of the
season in the whole sphere of sexual intercourse. It is less
pronounced in the legitimate conceptions, but remarkable
enough, because of the size of the numbers under consideratitm.
This phenomenon is more noticeable in the illegitimate con-
ceptions, and much more striking in the offenses against chas-
tity, and is most marked among these agun in those crimes
that are most atrocious, namely, those the objects of which are
d^enseless and immature children. F^m these facts we^
must draw the conclusion that some connection exists between k
sexual excitability and the season of the year. The fact that^
this influence on sexual life, of which we are usually entirely
nnconstnous, also appears in the sphere of normal and legiti-
mate sexual intercourse, and that this dependence on the
season is the more striking, the more r^rehensible is the.
manner in which the sexual instinct is gratified, requires an
explanation.
Other social fdienomena also show regular fluctuations in
frequency, above all suicide, the curve indicating which takes
pretnsely the same course as that of sexual crimes. In the
winter months, at a time, that is, when economic necessity
pushes mai^ a man to the verge of despair, relatively few peo-
1^ die by their own hand; the highest point in the tendency
to commit suicide occurs in June, in some countries in May.'
■ Ml MofT, "Der Sdbrtnionl" (AUg. atatutucbca Archiv, 1806. p. TM);
BofmA, "AbhKu^^ceit der Selbatmorde von der Witterung in Frukmcl) vm
ISn-tSSO" (AmuOM m«dico-p«rcbolog., 18M P- «!)■
. ,i,z<,i:,., Google
22
THE SOCIAL CAUSES OF CBDIE
[S3
Moreover, this r^^ularity — a r^d riae of the curve in spring
and as r^id a sinldiig in nudsununer — is found, not in Ger-
manj alone, but also, without exception, in all otli^ European
countries.
TABLE IV
(After DuriJtdm: "Le Suicitle," p. W.)
Ibonm MoMm-i
Apia
May
Jidy
R.r
•.S"
104-
io.r
I8B"
14.0»
IB-C
17.9°
WO"
MJ*
i4.r
au-
Mil"
«.«•
«!.«•
njf
HIS-
17.1°
10.9"
12.2°
8.79"
10.47°
I*.05°
lur
14.60*
11.W
7.79°
2.9r
0.W
Moraelli * seeks the ezplanotioa in the temperature. A
comparison between the temperature curve and the number
of suicides does, indeed, show a remarkable parallelism imtO
June; but, from then on, the suitndes r^idly decrease, whereas
the heat of summer grows greater. During the heat of August
there are considerably fewer suicides than in the cool month
of April. Hence the temperature in itself cannot, or at least,
cannot done, produce the remarkable phenomaaui. Yet I
do not agree with Durkh^m,' who excludes the cosmic influ-
' AH montlu reckoned at baTioe thirty dsyi.
1 Mor-Bi, "Dw SdbsttMvd." p. 93.
* DktUmm, "Le nncide." Puia, Fdiz Akan, U07, p. Ot.
:. Cookie
§31 CaUME AND SEASON 23
ence alt<^eth^. After all, it is still posable that the inctease
in external warmth does at fiist exert an exciting influence on
man, which is followed, when the heat is long continued or
increases, by a reaction.
Another explanation is much more seductive, that is. that
the number of suiddea is connected with the length of the
days, with the number of hours of light.' The length of the
days and the frequency of suicides in the different months do,
indeed, mtiiely agree with each other. Nevertheless, the
explanation seems to me untenable, because most suicides
are not committed in the d^time, but early in the morning
or at night. In addition, it is difficult to find in light a psycho-
l<^ical motive for putting an end to life.
Drowning is not a veiy common mode of suicide; in Prussia,
for instance, in 1893, of 6409 suicides, only 1145 (= 18%) put
an end to their lives in this way. Hence the relative infre-
quency of suicides in winter cannot be dependent on the mere
mechanical difficulty of this manner of death, as has already
been suggested. This supposition entirely fails to account
(or the rapid decrease from the middle of the year, and for
the fact that there is the same dbttibution of suicides in coun-
tries where the rivers and lakes do not freeze.
All explanations of the fr^uency of suicide in summer that
are based on external influences are unsatisfactoiy. We must
be content with the fact as such. It is important enough.
clearly showing, as it does, the existence of periodic fluctua-
tions of the psychic balance. At a time when the external
ouuiitioas of life afford comparative security agunst want and
misery, sudi far-reaching and deeply felt factors affect man
and weaken his power of resistance that he resorts to suidde.
In the absence of any other comprehensible cause for this,
> Chatitrinand, "fitude midicoJigtle nir I» fUtiatique crimlneDe en
Pnoce," hjtm, 1S81.
. ,l,z<»i:,.,G00gIf
24 THE SOCIAL CAUSES OF CRDCE [$ 3
there remaim only the ezplanatioii that our organism is
subject to acute periodic change s.
These periodic fluctuations are weU known to us in tbesphere
of sexual life. The sexual instinct makes itself fdt in animals
at certain definite times only. The more «ni "!<*!■ have become
accustomed to men, have been domesticated, the less sharply
defined is this periodic sexual excitement, which among wild
animals leads to desperate struggles for the possessioa lA the
female.
To superficial obserratioh sexual excitability in man is not
subject to fluctuation. But Havdock Ellis ' has recently en-
deavored to show that menstruation in women is analogous
to the period when animals are in heat, and also that even
men are not entirdy free from a regular periodidty of sexual
functions.
Eatidng as is the hypothesis that the sexual life ot men is
also subject to periodic fluctuations, it still requires further
examination and proof. Far more justifiable is the assumption
that menstruation is an abortive expres^on of sexual excite-
ment and that it still proves today to how great an extent in
the realm of sexual functions periodicity is preserved. This
is also shown by experience with some insane persons; during
menstruation, also often at the time when it is ^rpected but
does not occur, irritability in general, and sexual excitability
in particular, increase.
The establishment of physiological wave-movements in the
life of women * surely permits us to assume a similar cause for
the proved fluctuations in psychic balance whidi we found in
> Batthek EUu. "GocUec^titri^ and SdumgefUiL" Sd ed.. WOo-
bo^ R. Stnben Veriafr IBOl.
* Aagtul Htgar, "Zat Ftage da aogauimtai Matatrua&KiapBydioaat"
(A!lg.Zeitiduiftf. PiTdu LVm, SST); and A.IFoOMi&arv,*'IMe(oKnaK^
paTcbiBtriKbe Bedentnng des MenatnutiaDrrocguigEB'' (USchrKrimnTck^
n.86).
^oiizodbyGoogle
§3] CRDfE AND SEASON 25
the suicides,' and for the increase in sexual excitement shown
by the multiplied conceptions and offenses against chastity
that occur in the spring. Accordingly, we may express the
surmise that the decrease and increase of the sexual instinct,
which embrace all the modes of sexual gratification, from con-
jugal sexual intercourse to brutal attacks on children, corre-
spond, though in a muck weaker and altered form, to *'heat"
in animals.
For the commission of sexual crimes this view is of so much
more importance, because all other explanations are inade-
quate. The simplest explanation of the phenomenon, and
the -one that first suggests itself, is, that the season multiplies
the opportunity. For this reason Gross * fiatly rejects my
view. "In summer people spend much more time outdoors,
individuals are found alone much oftener than in winter,
when in their houses; work in the fields, walks and other out-
door activities, offer numerous occasions for two persons to
be alone, and interruptions are much less to be feared. Cries
for help (rape) are much less effectual outdoors than in the
bouse." It must be admitted that this b true. But even
taking into consideration the excessive drinking that goes on
in summer and the increased external warmth, all these co-
effective and favorable causes still leave the question unan-
swered, why the number of crimes decreases so rapidly in
August and September although at that time the external
(xoiditions would rather facilitate the conmiisston of offenses.
Gross adds further, in refutation: "Any expert could confirm
the statement that an incomparably greater number of sexual
oimes are committed outdoors than in the house." In 1903,
ol 10,226 punishable acts against §§ 176-179 (rape and as-
saults on children), 88£6 (> 87%) were agunst § 176. Thus
we see that this crime determinea in the main the annual
■ Bmu Orott, "Aich. Krim. Antlu.." XII, S70.
..OOglf
26 THE SOCIAL CAUSES OF CHIME [§ 3
curve. Of 106 persons who were convicted in accordance with
§ 176/ 6i had nutde their attacks on children in the house,
85 outdoors, and both indoors and out. There were 173
separate acts committed indoors, as agunst 54 outdoors.
Seatx we see that the multiplication of opportunity does not
weigh as heavily as one would suppose at the first ^ance.
There remains scarcely another siq>po8ition than the one
discussed.
The psychological appUcatitHt of the fact itself is of course
independent of the attempted explanation. Whether the
latter be right or not — we are all subject to an unusual in-
crease in sexual excitability in the spring without being con-
scious of it. With the retdization of this fact, we gain an
insight into motives which, unlike intelligence or proved
brutality, and general criminal tendency, are not recognizaUe
in the individual act.
Infantidde, the murder of the ill^timate cluld during or
directly after its birth (S 217, Penal Code), is most fre-
quent in the months of February and March. There are 127
cases in each of these months — a number approached only
in April and May — as against 80 to 96 in the pcnod from
July to January. Births in February, March, and April cor-
respond to the conceptions in May, June, and July. Here
too, then, the increase in sexual excitement is indirectly felt.
It is interesting to find that the desire to get rid ot the un-
wished-for child is apparently much more closely ctmnectid
-with the number ot births in the month than with the thought
«f how the child is to be provided for.
A reason advanced in favor of a milder sentence for infanti-
cide was based on the assumption of a desp«-ate frame of mind,
a mixture of helplessness, shame, remorse, pain, and worry
' Aidu^tnburg, "Zur P^rhologie der SttlkhkutsveibTecher" (MSdir-
KrimPsych.. II, 399).
§ 3] CRDAE AND SEASON 27
about the future. The figures of the statistics show that the
immet^te care, at least, has no great influence; otherwise,
in the times of need, that is, in the winter months, in which,
in addition to all else, there is frequently loss of employment,
there would be a greater proportion of infanticides. Instead
of this, the number stands in the most direct relation to the
number <A births, so that cue is almost tempted to say:
among the same Dumber of mothers of illegitimate children
there is always approximately the same number who fonnbly
rid themselves of their chUdren.
A number of other offenses show a curve similar to that of
the sexual crimes: simple assault and battery (lS4),aggrayated
assault and battery (I3S), coercion and threats (132), in-
sult (122), resisting officers (117), breach of the peace (110).
All exceed the monthly average of 100, some of them cou-
siderably, as the figures in parentheses show. The curve
rises steadily till the highest point is reached, in August,
then follows a r^id descent, and the miniiniinn ia touched in
December or January. The months from November lill
April are, without exception, below the average. The simi-
larity of all these curves (compare Plate I), which follow the
course of the carve indicatii^ sexual crimes, though about
two Tno"**"* later, b so striking that we are compelled to as-
snne that the same causes underlie them all, though the legal
daasification of these crimes is quite different, owing to the
anihitariouBDess of the legal rights that are infringed. The
manner <d commission, brutal violence and revolt against
anthori^, is common to them all.
Tlieir course follows that of the mean temperature. Hence
it would be daring to exclude altogether the influence of ex-
tcnud warmth as a cause of the movements of these crimes;
but I am more inclined to believe in the indirect effect of the
rin in temperature. In summer it facilitates intercourse
, ...... C.oo'ilc
2S THE SOCIAL CAUSES OF CRIME [§3
iritb the outside world, increases and enlarges the points of
social contact. The daiiger of conflicts is thus also augm^ited.
Incomes ve increased, exp^ises reduced, and opportunities
to spend oumey in summer are notlacIaDg. The presentation
of a new flog, the opening of a new club-house, the usvdling
of B monument, the anniversary of a foundation, birthdays
and family anniversaries, harvest and church festivals, and
other occasions are celebrated. Each of these means alcoholic
excesses, a danger that, in any case, the summer heat entails.
He part that drinking plays precisely in the above-mentioned
crimes will have to be fully dealt with later. It must suffice
here to point out the connection between the increase in brutal
crimes and sununer festivities.
Offenses agunst property present an entirely diffarent as-
pect, malicious mischief alone forming an ezceptitm. The .
latter in its origin is related to assault and battery, and
its course is consequently similar to the Utter, although the
differences between summer and winter are stHnewhat less
pronounced. Theft and fraud, on the ctmtrary, never reach
the daily avca-age of 100 from March to Sq>tember. But,
from then on, th^e is a n^id increase in their frequency,
which continues through the whole winter (Hate Q}. The
explanation of this phenomenon is much less difficult to find
than in the case of the sexual crimes.
With the coming of spring the <^portunity for emjdoymait
increases, and the expenses of heat, light, and watm dothing
are reduced, indeed, some of them cease entirely. In fact,
it IB possible temporarily to dispense with the shdter that is
abstdutely essential in winter. The pressure of the cold
months is relieved. Those who do not want to woik, and
among them are many who in winter would encroach upon
others' property, can manage to exist as tramps cm the country
roads and thus disappear, if not from the criminal courts.
) 3] CRIME AND SEASON 2
PLATE n
Cbiuahd Skaboh in Gebmant. 1683-1892.
("SUtislkB of the German Empbe," N. F. T.YTncTIT . n. pp. 8«, 8S.)
' " — Larceny {»Ibo when repeated). {{ 248, CM.
> Grand larceny (also when repeated), jj 243, 244.
a Fnnd Calw when repeated). H iOS-Mfi.
m%
H0%
130%
m%
C
110%
100%
■^
/
«%
<■
o--»
^
''
00%
^
70%
00%
»%
«%
m-
n%
■•%
JUL
Jan.
Febi
ibKli
A„il
M.,
June
Jnl,
Aoj.
Sept.
Oct.
Nov.
Dec.
^lailizodbvGoOt^lf
30 THE SOCIAL CAUSES OF CRIME [$4
at least from the annals of the govemment criminal
statistics.
The menace to property does not begin again until winter.
The darkness of the nights in the winter season have undoubt-.
edly a certain significance in this connection, as being advan*
tageous to bui^aiy. Yet the chief reason for the increase ,
must not be sought in them, as is proved by the fact tltat the
fluctuation between summer and winter is greater in the case
(^ small thefts than in that of lai^ ones. With the strode
for daily bread and the hardships that hunger and cold im-
pose upon the poor, th^ resistance against the temptation
to steal is weakened.
The close cramecUon between social misery and dishonesty
can only be touched on here. I will not, however, omii to
point out how statistics might contribute to our knowledge
of whether, and to what extent, the increase of thefts in winter
is connected with the economic ^tuation. If the outward
necessity is actually the cause, those that feel it most, that
is the women and children, should also show the greatest
differences during the different seasons. Thus separate sta-i
tistics should be kept of them, and also of the cases of theft
of food, which has not hitherto been done.
On the other hand, certain crimes that are now includect
might be omitted, Abaodonm^it, murder, manslaughter,*
illegal imprisonment, robbery, and others, are much too rare
(Senses; the effect of chance on the times wh^i they are ccun- '
nutted may too easily lead to a false conclusion.
§4. KaM and Beligion
General opinion would immediately answer in the affiniutv>v
tive the question whether different peoples show differawea' o'
in criminal inclination. And yet this is something about which
we really know very little. It must be admitted that in no
, ...... C.ooqIc
§4] RACE AND BEUGION 31
other field are the difficulties equally great, the most important
being the incomparability of legislation. A classic example,
and one that at the same time may serve as an instance of
the possibiU^ of malHiig statistics support a theoiy, is Le-
goyt's ' table, dted by von Oettingen. According to this,
from 1850 to 1860 there was one convict to every 81.9 in-
habitants in Austria, and one to every 81.8 in Spain; whereas
in Prussia there was one to every 22.9, and in Hanover one
to every 12.8. Thus, Prusraa and Hanover, the Protestant
Germanic states, would make a poor showing compared with
the Catholic jMuntries; But in Hanover and Prussia the
numerous cases of infringement of the forest laws were in-
cluded, which Legoyt wisely fuls to state.
Such errors are avoidable, but not so those that are owing
to direct variations in the laws. Semal intercourse between
men, for instance, is a punishable crime * in the Slavic and
Germanic countries with the exception of Holland and, since
recmtly, (rf Norway, while in the Latin countries, on the
contraiy, it is so only under certain conditions; criminal
abortion is punished by an extreme penalty in some countries,
in others it is judged most mildly; some nations regard even
the attempt as punishable, others only the accomplished
crime.'
To this (Ufficut^, which lies in the definitions of the of-
fenses, are added the differences in the prosecution of crime.
Bodio * points out that in England 52 of every 100 persons
accused of homicide are convicted, and 57 in Scotland, as
< mm Otttitifn, "Die HoimUtstictik in ihrcr Bedeutung tJlt die SotUle-
Ihik." Sd ed., Erlaii«eli, 1SS3, p. *SS.
* Wadtenfiid, "HomoMxiMUtU mtd StnlgeMtit" Leipiig, Dieterichti^
VobffiNicli, IWl. p. at.
* Lewin itnd Bmtmiig, lae. eU. p. Bfi.
* Bodio, "Gli omiddii in klcuoi ststi d'Euiopft" (Bullrtin de llmtitnt
intcniatioDale de Btatictique. IV, p. fCOS).
..Coo^^lc
32 THE SOCIAL CAUSES OF CRIME [§4
against 02 ia Gemiaoy. Ttiia difference b explained by the
fact that in Great Britain the verdict of manslaughter must
be unanimous, which is not the case in Germany. In a com-
parative table Garofalo' shows that Austria has a higher
criminality io aggravated assault and battery cases than
Italy, and that, as r^ards theft, Germany exceeds his native
land by more than iSO%. Assuming the correctness of these
figures, one is still justified in asking whether the better
organization of the police and the courts, perhaps also the
greater reliability of the statistics, m^ not explun this phe-
nomenon, rather than the assumption of more brutality in
Austria and less honesty in Germany.
Lombroso says: * "In our civilized world it ia much easier
and less uncert^n (than among sava^ peoples) to prove that
ethnology influences criminality." This b certunly not the
case. Apart from the fact that, as r^srds the torn "race,"
we have not yet come to conclusive results, and further, that
we no longer find unmixed races,* the economic conditioiis in
the different countries vary to such an eitent that it b almost
impossible to determine what part difference oi race pliqrs
in crimioali^.
Thb b not to be understood as meaning that radal
peculiarities are without psychological agnificance; de^
psydiological study b not necessary to the reo^^tion of the
differences between the easily excited Italians and the de-
liberate Nortkpm Europeans, between the calm, somewhat
phlegmatic, inhabitants of Lower Germany and the merry,
bcHSterous people of the Palatinate. Also in statbtics, thouf^
in other q>heres than that of criminology, such differeau:es
■ Oari^alo, "Im criminolope," hiia, Feliz Almi. lS9fi, p. MO.
* Loa^mto^ "Die Vnadita uud Betainqrftmg Ata Vofaredicn^" Bofin,
ipoe.
* CoiiipMePt<«rnlM*iraceinveitig>tion,"DDteniidiiiiigenU>a&Knmi-
naliUt ID der Proniu SkdiKii." 1804, p. 00.
" Coogic
§41
RACE AND RELIGION 33
From this point of view a deviation b not
are traceable,
without value.
A glance at the frequency of illegitimate births in the coun-
tries of Europe shows quite peculiar differences.
TABLE V
IixBoimuTX BntiHS in Eitbopx
(After Bodto: "Uovimento detla popolaDone," Bulletin de rioiUtnt int
Datioiul <k st&tistique. Bom., 1807, X, p. 118.)
Oenmufc .......
Gvnnany
Bd^ont
SntlMtd
Italy .'.'.'.'.'.'.'.'.
Finland
Bounuuus -...-..
Smtoeriud
En^utd
H<4Imm)
Irdaod
BuHiiK (eKdnding Poluid)
Serrk . >.
18H
14.73
ISH
10.«
18H
0.S0
18H
0.SJS
18H
g.!«
18M
a'M
18M
S.U
18M
7.W
ISM
7a7
18M
877
18H
S.39
18Se
6.06
18M
4.70
18tM
4.31
18M
3.W
1894
«.7»
189S
8.M
18M
1.07
States the statistics of which can scarcely be relied upon,
like Servia with 1%, and Russia with 2.7%, illegitimate chil-
dren, may well be omitted from our consideration. Of the
others, Austria stands at the head with 14.7%, followed closely
by Germany with 9.3%, while Switzerland has only 4,7%,
England 4.3%, and Holland 3.1%, illegitimate births.
Separate provinces in the same country differ from one
another even more decidedly. In Belgium the number of
L ,-<,::..C00^^lc
34 THE SOCIAL CAUSES OF CBIME [§ 4
illegitimBte births varies between 2.6% in limbnrg and 14.6%
in Brabant. In Germany the figures have remained about
the same for many years (1881-1890 9.3%, 1891-1900 9.1%).
In 1900 Beriin showed the highest figmes, 14.9%; this i»
partly due to the lying-in ho^itals that exist there, as in all
the larger cities and university towns. Bavaiiai oa the rif^t
of the Rhine, with 14.3%, is not far behind the capital; it
must be admitted that in Bavaria marriage is made somewhat
difficult by legislation, yet this cannot be the chief cause, as
the Palatinate has only 6.S% of ill^timate births. The
minimum number, 2.7%, is found in Westphalia.
Most striking of all are the differences in Austria. Accord-
mg to Szarlardi,' in Istria, of 100 children, 2.06% are of ille-
gitimate origin, but in Karinthia 44.16%! Moreover, in the
territories in which the number of illegitiniate births is al-
ready low, it seems to be growing lower stJU, whereas the hi^
percentage in Karinthia, Styria, Lower and Upper Austria,
continues to iDcrease.
Similar variatioDS among different pe(q>ks and in different
sections are also found in the statistics of suicide (TaUe VI).
According to von Mayr,* Monaco (with 301 per million in-
habitants) stands, for obvious reasons, at the head of those
countries that are espedally menaced by suicide; then fdlows,
at no great distance, Denmark with 255 cases, while Italy has
only 49, Rus«a 32, ^>tun 24, and Bosnia with Herzegovina
only 6. Morselli's* investigations show that the Gomanie
race is especially inclined to suicide and, of its sub-divisions,
particularly the Northern Germans, while the Slavs and the
Western Latin peoples (Spaniards, Central and Southern
Italians) show but a slight tendency in that direction. The
■ 8»daHi, "Der gegoiirilrtigc Stuid des FiaMwt&ea» in Eapr^w," 1890.
* 0. MM Jfoyr. "I>«r SeUMtmotd" (Allg. •Utirt. Aiduir, 1S97, p. 720).
■ MondU, loe. cU.
DiailizodbvGoOgle
§4
BACE AND BEUGION
35
differences within the same countiy are abo most character-
istic. From 1896 to 1000, in Cobuig-Gotha 4S0 persons per
million inhabitants killed themselves, in Prussia 1891 to
1900, 319 in Schleswig-Holstein, 307 in Saxony, while the
average for the whole of Germany was only !i09; Wes^halia
and Posen showed the lowest figures, 105 and 91.
TABLE VI
SuicnntB a thb CausraaK ov Eubopb
n Ihyr: "Der Selbrtmcml" ASg. cUttist AtcIut. IBM, p. Ttt.)
Number of Miiddea per 1,000,000 inbalHUiita.
c™™
IBSWS«
Demort
Pmk*
en
«0»
W7- -
Hungary, eid. Cpoatk ud SIbvodu
Bn^and >nd Walea
Norwmy
ScoUwid
9S
77
OS
65
Italy
Serria
SS
as
M
Irebnd
es
<
Not for a moment would I seek to explun these peculiar
Vftriatiaos in the illegitimate births and suiddes by racial
differences alone. Bellgioua and economic reasons are also
L ,;™:..,G00gIe
36 THE SOCIAL CAUSES OF CRIME [% 4
of equal importance with l^slative ones, as Swedes proves.
But, without forcing the facts, we cannot exdude the iiifiaenoe
of radal characteristics altt^ether. This is not the place to
trace it out in detul, as it would merely serve to show that eth-
nological differences are of p^chological importance. At first
^ht the Catholic countries seem to make a better showing
' than the I^testant ones, but, although the priest's advice
may aid many a Catht^c in suppressing his thoughts of sukade,
religion is nevertheless not determinative, still less is it a
"measure of the culture and moral strength of a people";
for, as Gaiq>p ' rightly emphasizes, the high suknde figures of
France, compared with the low ones of England, show that
the causes aie far more complicated.
I must forego the enticing task of comparing in a similar
way the criminality of the different countries, owing to uie
technical difficulties of which I have spoken. At present the
necessary statistical basis is lacking to such an extent that it
is scarcely possible to get beycmd surmises, llie attempt
may, however, be made to contrast the different sections td the
same country. Here too, however, we find certun limitations.
In order to find the radal peculiarities, we should be obliged
to inquire the birthplace of the perpetrator ot every crime,
and even that knowledge would not prove to what race he
belonged. Statistics as a rule take into oon^deration only the
place where the crime is committed, and, as I bdieve, rightly.
^rst, because, as the criminal statistics of the German Em-
pire have proved: * "the place where the crime b committed
and the place of residence are the same, except in an insig-
nificant fraction of the crimes committed"; and then, because
the socijd causes are more important than the individual oojes.
The importance of considering separately the place where
> Ottujrp, "tJha den SeltMtmwd," Houch, 1910.
' N. F. CXXL n. p. M.
. ,l,z<»i:,.,G00gIf
§4] RACE AND BEUGION 37
the crime waa committed and the birthplace of the criminal
most, however, certunly not be undervalued; in some cases
soch a separation may serve to ezplun certain striking phe-
nomena. After niAUng such an investigation, J0I7 ^ found
no change in the twenty departments that were criminally
best and the twenty that were criminally worst in France;
the order of rank remained the same, whether he made the
birthplace or the place where the crime was committed
the basis of his classificatioa. Corsica, however, showed the
highest number within the country, whereas the Corsicans
living away from the island occupied only the sixty-fifth
phtoe. Frcoa this, Joly concluded that the social milieu of
Corsica, and not the racial characteristics of the Corsicans
themselves, was the cause of the. greater inclination towards
crime on the island.
With this view I cannot agree. While proper^ is seldom
endangered in Corsica, and then generally by fordgners, the
principal crime of the Corsicans is murder, above all from mo-
tivea of revenge. For every murder committed in France
(calculated according to the present population) there are 11
in Corsica. In q>ite of all the efforts of the French govern-
ment, the blood feud has not quite died out in Corsica, and
at the time of Joly's investigations it was in a flourishing state.
The Corsican who is living away from his home and from
family quarrels lacks this powerful iucentive to murder.
But in the country itself the effect of the vendetta is still that
of a folk-custom. And such customs, especially when they
af^tear in so peculiar a way and are so deeply rooted, have for
their deepest source racial characteristics.
This view is borne out by the varying distribution of the
vendetta in Corsica itself. In 8(»ne of the districts where it
centres the necessity of defending oneself against attack, or
> Jti^ "Im Fnoce crinuiieUe," FhU, Cert. 188fc
38 THE SOCIAL CAUSES OF CRDIX [§4
<^ bdng able to escape into the woods, has actually deter-
mined the type of house architecture there. S(HDe ai the
houses in Sartena. particularly in Bonifado, mem bfe little
forts, as I have had occasion to see myself. On the other
hand, the east coast of the island, where the fopnlatioo is
mixed with Italian immigrants, and Calvi cm the vert cout,
which was populated by the Greeks, have ranaioed bm frou
the custom of blood feuds.
A vety instructive work is that erf Niceforo * on the crim-
inality of Sardinia. It mi^ also serve as a modd for further
investigations, for the author made a special territoiy (ia
which the population remved little increase from outside)
the subject of his research, and examined on the spot the ele-
ments which composed the people, and studied their life and
customs. Sardinia has a population that is extremely dis-
posed to crime. Murder and manslaughter, for instance, are
fourteen times more frequent there than in the best province
cA Italy, Lombardy. More important still, however, are the
characteristic differences of the separate smaUer districts on
the island. In two adjoining districts the number of cases of
robbeiy and extortion is absolutely diffa«nt; in Nuoro there
are 67.45 such crimes per miUion inhabitants; in Sassari, 11.92;
whereas in Venice there are only S.IS. Niceforo pontivdy
establishes the existence of a "zona delinqnente" on the
island. The peculation of this criminal territory is descended
from the Mediterranean race of Sergi, which at the same time
has its home in Asia Minor, Northern Africa, Spain, and
Southern Italy, while in the rest of SanUnia the Celtic race
predominates. Assuming the statements to be conect — and
I must emphasize that the work impresses me as reliable —
we should have here a dear proof of the importance of
descent.
* Nie^tn, "L* ddinqaaun in SHd^na," Fdcnmv 1807.
I ,-™:.,GoogIc
1 4^ BACE AND RELIGION 39
Bearie ' has collected and classified some interesting figures
frooa tbe Austrian criminal statistics. In ten districts of the
circait court, Bmz with 94%, three of them with from 82-91%,
Gchnan population, there were 475 cases of theft per hundred
thoamad inhabitants; in the district of Laun, with 97%
CatdiB, there were 1030. In the Budweis circuit there are
■t districts where from 87 to 99% of the inhabitants are
Gennaiis, in the other districts not more than Si%, in some
ItM than 10%, are Germans. In the German districts there
were 584 cases of theft, as agunst 951 in the others. The
same thing is shown in Table VII.
TABLE VU
'SSSs~
All.
Cmmb
TtoT
Oma
ISM
Birmr
(o) In diatricti
cbieOr Gonnan .
2H
lU
19
71
SIS
2ig
(»)Iiiatlierdktrirta
224
120
M
81
6«9
MS
Flea^ng as is tbe showing of the German population
compared with the Slavic, it would yet be a mistake to draw
far-reaching conclusions from it. Herz,* too, found, in the
different states of Austria, fewer cases of theft in the Gierman
parts than in those where Germans are in the minority; and
tbe same phenomenon appears in the figures that Kurella *
has cited, according to which the Baltic ftovinces are favor-
ably distinguished from the Russian ones. Some of the figures
used, however, embrace too short a period of time; moreover,
' B«ttrtt, "Einige ErgebiuBae der OsterTeidiisdKn ErimiiwUUtutik"
(ZStW. Vra. 325).
■ Stn, "Die KriminaliUlt in dea tMencicbiaclien KronlHndeni" (MSchr.
Kriml^di. L Ml).
' Xrurcfia,"NBtnTge*dud)t«d«V«Tforecheiu,"Stutt8ut,FeKliiiHMlEiik^
1893, p. 157.
. ,;™:..,G00gIf
40 THE SOCIAI, CAUSES OF CBDIE f§4
edu^tion^__tuid__ecoiioinic influences must be conadeiied
wEu^, perh^>8, would sooner le«3^ to an understanding c^ fhe
phenomenon than does knowledge ot the difference in raoq.
Our interest centres, ci course, mainly on Germany ittalt.
The rdiability of the statistical proofs, on the one hand, and
our accurate knowledge ot the people's mode of Ufe and.of the
economic and socdal situation, on the other, give us the right
to examine our home conditions with a view to ascertaining
whether, in our country, racial descent is of any significance.
It is to be regretted that only in the case ot a few crimes has
the statistical department ascert^ned the place of the deed,
and then brought the figures into relation with the population
living in that particular district This material, thou^ lim-
ited, is valuable for comparison, the more so as it embraces
fuUy fifteoi years. A period of this length excludes the danger
of chance and temporary influences on criminality. Such a
temporary increase in the number of convictions in a district
took place, for instance, during the construction of the North-
east Canal, owing to the la^e number of laborers that were
brought into a small and usually quiet section. Such enors
can be avoided only by collecting statistics covmng longer
periods of time.
The results of the calculations mentioned are ffvesi in
volume 126 of the "Statistik des Deutschen Reiches," inlarge
tables and five nuq>8. From the tables I r^roduce in Table
Vni the figures for the provinces and government districts,
or circuits only, omitting the small jurisdictions. This in-
volves the loss of many important details, but it was essential
first to establish the main facts.'
' Becently sevaal mooognph* hare t^ppmred dMling with the oiminkl-
ity of noAll distikta : TTndnnimiu " Die UiMiiien der KriminaUtllt iin Hcnog-
tmn Saidisen-Maiuiigai "; filov, "ErimiiulstAtiHtiadie Untcsmcbiing der
Kreise Muimwcrder imd Tbfoa"; Pelerritie, "Untcnudumgen Qber die
KtimiiwliUlt in der Pravinx SAchaeo." Of thew m^s, the Iwt mcatioDed In*
§4]
BACE AND RELIGION
41
TABLE
tiMX or THE Cbimsb CoHMtrrKD
Aiemge number during 18S8-190S; p«
vm
It Gmbmamt rou I88S to 1002
' 100,000 ctviUuis of punuhaUe age
Puca
Cum
Haun-
cm
Tn«T
FUUD
G«. Dirt. KODw-bus
- - Dmii .
C»7<ilBalii> , . .
Go. Dirt. PoUikm .
- " Fnakfort
- - SUttJo .
" - Ktt^. .
- - Slnlnad
- - Pon . .
: : KSr.
- - Litoit. .
: : a.,
- - Hwbms
- - Erfurt. .
- - £kU<..{(
- - Buem.
- - HBdnbda
: :sr-.
- " OMbrikk
- " Aurieb .
- - IClMtB .
- - ITmda .
: : Sir";
- - Wiat»dn
- " OAAaa .
- " DUM-Uad
- - Otogm, .
- - Trio . .
- - A-^u .
- - Sipuri-cen
Prwk
11*9
i«oe
UT
itu
MS
B«T
\*t*
IBM
Ul«
IMO
IISO
lOM
ftU
TM
IDM
■T«
MT
MS
MS
mi
tTl
101
•M
«M
lOM
811
TIB
At
U
«
ss
w
u
H
M
M
81
M
It
It
18
88
83
M
«
80
n
100
8«
U8
0.88
t.lt
ax
0^
i.n
O.TS
1.10
L7S
Ll«
ilsa
(.St
IM
8«8
SM
(40
tot
183
100
170
334
404
t*a
SIT
188
MB
18T
138
nt
1*0
88
7f
ISB
148
00
ISO
08
88
810
88
48
38
at
SO
so
84
38
K
to
40
48
43
47
88
00
«t
M
88
84
If
to
88
so
(8
t«
88
848
848
107
sot
187
«13
too
ISO
ns
888
SO
888
14t
110
184
188
ito
ut
147
08
088
188
188
tH
148
IBS
Gm'.I>M.nppBB*Tm
- - Lo-«r ■■
- - 11l«Pd.llB
- - Low "
- - Snbi> .
Banm
•■ii
lies
1U4
lUB
IIM
ISM
1104
1118
1880
so
St
M
so
3T
«s
S8
».1I
S.«t
t.as
t.ts
tSE
18T
ISO
Ml
184
188
too
OS
81
801
340
CndtDnikD . .
- Uipdl . . .
' Zwkkiu . .
- BhIh . .
S«»W
OM
88
•«
80
88
OJ
0.88
0.88
tot
88
88
88
78
108
01
88
.OOglf
42 THE SOCIAL CAUSES OF CBDfE [§ 4
TABLE Vm — CmUaaiad
fLtiem
Nauoiiu.
IUhh.
Etc
nLOm-
Tnn
ruoD
AOOUTA.
no A»
StAu amh
Si^CimH
DuutMCimil ....
Wbtkubot
MS
801
«M
MS
H
1.01
lOS
ut
ITS
SS
n
»0
ISS
;; Ft^m, ....
- uuoiidoi :
B-k.
tat
tra
u
9S
IJS
IJO
IJS
14S
ISO
so
00
isa
tso
»o
~ UpihH<»> . . .
H«i
»i
Ttt
ion
If
I.4S
1.01
IfS
US
4S
tor
100
wo
8«e-W«DK
MKtkiilnir^tidili .
sn
SH
M
IM
I.IT
lOS
IM
81
14a
in
CMxAnx,
IMS
M
fO
u
L41
1.SS
uo
140
144
48
or
C8
SO
138
188
isa
lar
Bnmiwick
AiJull
W.U«k
BnwYouxei Lo^ '. '.
SL- :::::: :
Bima
Din. Lo»< Aku. . .
- DppctAlua , .
" Lormne ...
A]i»L«t>ne. . . .
low
S10
IW
IMf
Ml
1018
MS
Ml
lU*
MM
7n
810
*»
38
*T
SS
c»
SI
44
88
IS
U
SS
«•
a
n
M
M
IJS
oje
I'jS
»M
IJM
OJO
0.4S
■ OM
0.M
SJl
0.00
1.U
180
1*0
SIT
>4S
SH
in
TO
I»
«M
«T
MS
194
los
48
S3
44
SS
OS
tf
X
n
«8
OS
SS
l»8
1S1
itf
iss
IS*
M
01
00
«s
w
IM
«8S
G^m^Eotbt . . .
110*
41
IM
SOI
«
IM
Ftom the "SUtisUk dca Deutschea Bodies," Vol. IBS. UL
§41 BACE AND RELIGION 43
A glance at the maps, which I did not think it necessary to
reproduce, shows, first of all, that the whole east of Germany,
as well as Upper and Lower Bavaria and the Palatinate, has
a laige number of convictions. While in the whole of Ger-
many there were 1104 convicted persons to every 100,000
persons of punishable age, the number of such convicts in the
government districts was: Oppeln 1800, Bromberg 1842,
Gumbinnen 1746, Bremen 1732, the Palatinate 1657, Danzig
1541, Upper Bavaria 1528, Ksnigsberg 15S6, Marienwerder
15S2, Lower Bavaria 1484, Posen 1424, and Mannheim 1211.
On the other hand, Schaumburg-Iippe had only 410, and
Waldeck 480 convictions. Waldeck offers an excellent op-
portunity for comparison with a section containing iqiproxi-
mately the same number of inhabitants. In 1800 Waldeck
had a population of 38,986. Pirmasens 38,327. In Waldeck
there were annually 172 convictions, while in IMrmasens there
were 885!
A de^>er insight into the causes of these differences than
can be obtained from a consideration of the criminality as a
whole is afforded by an examination of the separate crimes.
Of these, four have been chosen, and their statistics given:
resistance to officers, aggravated assault and battery, theft,
and fraud. Two of these crimes, theft and aggravated assault
and batteiy, are characteristic of the general criminal physi-
ognomy of a district, simply because they are much commoner
than any others. Nearly half of all convicUons ^re for these
two offenses.
During fifteen years of observation, among 100,000 pun-
ishable persons, aggravated assault and battery led to con-
bcrt OTfscxnne tlw diCGcnilliea of tl» niethodolog; spoken of by AicAow " Cber
KriouiulaUtiatiaclie EinxeluiitenuchuDgen" (MSrbrKri mPaych. I, 043).
Yet we cannot expect really valuable Tcauita until a tew more siniilar inveati-
IptioDt aball make it pouible to compare the practicability of tlie method
and the validly of the cottdtinon*.
44 THE SOCIAL CAUSES OF CBIUE [§ 4
N
victicHi 196 times. In oomparing this crime with the whole
criminality, we are at once struck by the equality with which
it is distributed, though, indeed, Bavaria and the Palatinate
^pear to be somewhat more heavily burdened in this respect.
Its centre is the Palatinate with 517 convictions, then follows
Lower Bavaria with 441, Bromberg with SA8, Miinh^iin with
316. Thedistrictof Dresden, on the other hand, ahows only 66,
and Scluuimburg-Lippe 68. Here, too, Waldeck stands in
strong contrast to Pirmsaens, which is at the very top of the list.
Thaa we see that aggravated assault and battery is concen-
trated at three points: in Brombe^, in the Palatinate, and in
Southeastern Bavaria. Round these three centres are grouped
the neighboring districts, scarcely bdiind tfaem in this respect.
The explanation of this geographical distribution immediatdy
suggests itself; the three centres of this brutal crimtf are also
the three centres of alcoholic indulgence in its various fonnst
in the east, spirits, in Bavaria, beer, and in the Palatinate,
wine. This is undoubtedly the explanation erf the ge<^raphi-
cal distribution.
Hie connection betwe^i aggravated assault and battery
and alcoholic indulgence is important Plough to demand de-
tuled treatmoit. Let me s^ at the outset that the danger-
ousness of the different alcdiolic drinks does not correspond
to the generally accepted opinion. If we might determine the
degree of seriousness from the number (A the crimes, the se-
quence would be: wine, beer, spirits. Wlassak,' however, in
his investigation of the question in Moravion-Ostrau, found
another order: beer, wine, spirits; which more nearly corre-
sponds to the quantity of alcohol contained in the different
beverages. In any case, we can certainly agree with Fsldes*
' )FIafMt."I>eTAlkobolumVBimGebieteTOiiMiliriadi-OrtmD." Bcridit
anf dem Vlil. Intdnatioiialeii Eongreaa gegen den Alkdudinnuv.
■ FBUm, "Enuge EtgdHUMe det uenerai KrimiiwIthHiftik" (ZStW. XI,
sasf.
, ...... C.ooqIc
§4] K&CE AND RELIGION
m thinlring that the kind of beverage is unim
pared with the e£Bcacy of the alcohol it co
occasioD of a lecture that I gave in this conoi
meDts were met with the argument that ju „.„_„ „.
aggravated assault and batteiy, Pirmaaeos, refuted my view,
little wine being consumed there owing to the poverty of the
inhabitants. On making inquiries, I found this to be the
case, but learned at the same time that the consumption of
(pints in IMmiasen is excessive. In the districts of Mann-
hdm and Heidelberg, with which I am much more familiar,
I can assert with assurance that alcohol in all its forms plays
the principal, if not the only, part in the extremely numer-
ous cases of aggravated assault and batteiy that occur there.
It b true that the inhabitants of the Palatinate have the
leputation of being livdy and irritable people, "screechers"
("£reischer "}. as they are popularly termed. Unfortunately,
this excitability shows itself less in words than in deeds; in
the number of msults...they do not stand much above the
average. Moreova-, it is vety possible that their boisterous
demeanor is a result of the regular use of alcohol, like the
"fitting lust" of the Upper Bavarians, which, under the
influeaice of Sunday and holiday drinking bouts, has become
a recognised folk-custom.
It is well known that, in spite of aU the efforts that are
made, we have not thoroughly succeeded in ascertaining ac-
curately the amount of local alcohol consumption. It is quite
conceiTable that local conditions occasionally, and as an ex-
ception, weaken the usual effect of drinking <ki criminality,
as, for instance, when a scattered population is less exposed
to the danger of friction. In general, however, in our own
country, we may safely assume a direct connection between
the geographical distribution of aggravated assault and bat- .
tery and the custom of indulgence in alcohol.
L ,-™:..C00^'^lc
46 THE SOCIAL CAI^ES OF CRIME [§ 4
Such a coimection also exists in the case of assauhmg and
resisting an ofiScer, which, for the most part, takes place when
a policeman arrests a drunkard. But, besides this, other causal
factors must be taken into consideration. Boundary sections
where the inhabitants speak different languages, induatria]
distr icts where there is keen, weU-founded, or groundless dis-
satisfaction among the workmen, lockouts and strikes, large
<nties with their rowdies; all these have a permanent influence
on the frequency of assaults and attacks on the representatives
c^ government authority. This is especially true of all large
portSf^in which the recuse of all the countries of the worid
comes tc^ether. On shore the seamen, especially those of
subordinate rank, such as stokers and trinmiers, seek to make
up to themselves for the harsh and implacable discipline they
experience on board. In a few days, often in a few hours,
the entire earnings of a voyage are transferred, and find thm-
way into the hands of saloon-keepers and prostitutes, and
intoxicatioD among these rough crowds leads most ea^ly to
noisy street scenes. For this reason it is not surprising that in
Altona, Hamburg's great amusement resort, the number of
convictions, 19 per 10,000 inhabitants, so greatly exceeds the
average for aU Germany, 4. .
Many a striking phenomenon, as, for instance, the frequmcy
ot this offense in the district of Potsdam (8.6) aa against Berlin
(4.9), is probably easier (or the inhabitants of the place to
explun than (or those who have no knowledge of the local
conditions. I believe that offenses against officers in particu-
lar are exclusively, or neaify exclusively, owing to external
causes, among which I include the composition ot the pt^mla-
tion that is due to occupation, not to descent.
In the distribution of petit and giaud larceny, the east
again strongly predominates. All the government districts
on the RusEoan frtnitier exceed the average of the ii4k^
, ,.,,. ..C.oo'ilc
S4] RACE AND RELIGION 47
of Gennaii7 (26.9 p«rlO,000 persoiu of punishable age), in
§oine caaes by a latge number. At the head of the govemment
districts stand Brocaberg with 62.4, Gumbinnen with 56.4,
Marienwerder with 61.6, followed, between SO and 40, by
Danzig, Posen, and Oppetn; outside of the Prussian domains,
j^ifte than forty thefts occur in Bremen (41.6), Schwarzburg-
Sondetshausen (46), and Schwarzburg-Rudolstadt (45.4) only.
In smaller administrative districts even greater variation is
noticeable; the district of Heinsberg (Rhine Province) with
4 stands contrasted to Johannisburg (East Prussia) with
10S.8. Except for scattered interspersions, the west is rela-
tively free from theft; the figures for whole provinces, as, for
instance, ScUeswig, Hanover, Westphalia, Hesse-Nassau,
Rheinland, the part of Hesse that Ues on the tigiit of the
Rhine, and Alaace and Lorraine, remain below 20. In the
smaller districts, greater nimibers always appear where in-
dustries are strongly developed. It may be that the tempting
opportunity to take possession of raw material and finished
products, as well as fuel, is responsible for this. That explana-
tion, however, b not applicable to those wide sections in the
east that are mainly agricultural in character. The majority
of the day-laborers in the east hve on a frightfully simple and
monotonous diet, in miserable dwellings, and work for in-
significant wages. In the industrial districts of the east, too,
wages, even in proportion to the lower cost of food there, are
much lower than in the west. The economic misery b un-
doubtedly partly to blame for the numerous cases of theft in
the east, though of course not entirely. The conscience of a
rather unintelligent population, hving under the poorest con-
ditions, easily grows lax as regards the difference between
mine and thine; and when once the sharp dividing line between
these two b no longer respected, actual necessity b not needed
as an incentive to steal. On the other hand, it cannot surprise
I ,.,,:■.. Cookie
48 THE SOCIAL CAUSES OF CRIME [§4
us that the pioq>eroiis Westphaliaiu and Rhlnelaoders seldom
lay bands on othera' proper^ — except in the large cities and
industrial coitres. This is not intended, however, to be an
assertion that the influence tA Slavic blood, which our atatia-
tical department makes partly responsible for the high degree
of criminality in the east (Vol. CXLVI, II, 5S), is without
significance. But before such influence can be acc^ted as. a
fact, it must be proved by detailed investigaticHis, and the
same is true of von Bohdea's ^ opinion, that the "aftermath
of serfdom which prevented the development of the moral
personality " is an important factor.
A remarkable contrast to this condition is presented by the
geographical distribution ot fraud. The whole <^ the east,
which has been so heavily burdened with the crimes just dis-
cussed, — as well as the north and west. — shows a very small
numberof convictions for fraud, with theezception id theHansa
Towns and Beriin. They mount up, on the other hand, id
Saxony, Tliiiringen, the Palatinate, Baden, Wtlrttemberg, and
Bavaria. Bremen with 12.S, has more than double the avei^
age for aU Germany (5.1), and Mannheim (11.3) and Upper
Bavaria (11.S) are not far behind it The explanation of this
phenomenon is veiy difficult, and becomes even more so when
we go back to the smaU districts. The mn^imnm (S5.4) is
reached in the city circuit of Traunstdn,* the miniiniim (0.0S)
in Lubeck (WestphaUa).
Seuffert * has given a very important explanation in con-
nection with Trannstein. He shows that, during the years
I MM Rohd^n, "VoD den aofulen Motivca da Vabrecbetti" (Zeitacbrift
(fir SoBftlwiiaeiiMlMft, VII, 989).
* On tbe nuip the <Iutrict of Ulm (Wilrttcmbcrg) is ^v«n as hkring the
mniinmm 10.9; but on jage H, S7, Tnu]ut«)ii irith 35.4 i* gmn •• fakTing
the bi^icat Dumbo'. lliii Stattpaacy ia owing to the fact tl»t oa the ntaip
the ci^ mnd the district are given aa one.
' loe. etl p. H.
. ,l,z<»i:,.,G00gIf
§4] RACE AND BEIIGION 49
from 1883 to 1887, it was thus heavily burdeoed (42.1), while
its average from 1888 to 1892 was only 21.2. He learned that
from 7000 to 8000 young workmen, especially Austrian^,
pass through Trauosteio annually. In 1883 the practice of
Bopplying them with food ("Naturalverpflegung") was
established, but might only be made use of twice a year.
In order to receive this aid oftener, many of the youths
altered the dates on their papers. In most cases the ofFense
was aimpty leaving a public-house without paying the bill.
Seuffert assumes that a similar explanation applies to the other
Upper Bavarian towns, and concludes: "A large percentage
of the high figures for fraud in Southern Germany should be
lud at the doors, not of tfae permanent, but of the fluctuating,
peculation."
Unfortunately I cannot agree with him in this effort to
save the honor of the countty. First, because the "falsification
fA journeymen's books and identification papers" is not
punishable as fraud, but as an offense against § 36S of the
Penal Code, and hence does not appear in the statistics.
Secondly, because further observation has shown that the
temporary improvement has not been maintained, and now,
after a period of fifteen years, the number (35.4) still exceeds
sevenfold the average of the Emivre. Further, because the
vidnity of Traunstein (district T), where the falsification of
papers in order to obtain provisions from the town would be
usdess, still exceeds by ten the average of the whole country
in convictions for fraud. In any case, a glance at the map
shows us that the great predominance of fraud all over the
south of Germany cannot be attributed to the fluctuating
population.
Fraud, too, is influenced by economic conditions, as the
heavy increase during the winter months proves. But the
connecticHi betwera the two is not as close as it is in the case
50 THE SOCIAL CAUSES OF CBIME [§4
of Uroeaiy. Beurle succeeded in establishing the (act thai,
in gcDeral, 89% of all criininab are without any meanS what-
ever, of the thieves even &4%, while only 0.1% mi^t be called
prosperous. Fraud, however, is committed by 1.4% of wdl-
to-do persons and by only 79% of persons without means.
I believe that two factors are at the root of the geogr aphi-
cal distribjitioQ, the first being occupation. In the country, .
fraud is more difficult than m thci^^, and the temptation ^
rarer than in business life. The second factor lig in the greater
intelligence that the perpetration of a fraud requifts: — As'a
ruTe'it needs much more intelligence, above all, more ddibera-
tion, to swindle a man than to steal his property. Berz ^
also holds this view, and believes that one of the causes of tlie
preponderance of fraud cases in the German jurisdictions
over those in the Slavic jurisdictions (4.7 : 25 to 10,000 inhabit-
ants) is the higher degree of intelligence and education among
the Germans.
Yet neither the crowding t^^ether of peoj^ in the city,
and city occupations, nor greater intelligmce alone, affords
an adequate explanation of the frequency of fraud in the
south and in Saxony and ThUiingen. Otherwise the Rhine
Provinces and Westphalia would show a greater number ot
convictions. Hence, eveiything compels us to see in this
phenomenon a character trait of the peculation in those
sections in which the crime predominates. This throws a
peculiar light on the proverbial honesty of the Swabians.
But. just in order to refute the correctness of this rq>roadi,
which of course applies to an even greater extent to Bremen,
Upper Bavaria, and Mannheim, it would be desirable to extend
the statistical examination during a number of years, so that
it would also include the fact whether, in the case of fraud,
the birthplace oi the criminal, and the place where the crime
' Loc. cU. p. 5S7.
L ,l,z<»i:,.,G00gIf
§4] RACE AND RELIGION 51
is committed, differ more frequently than in the cose of other
crimes. Further, consideration should be given to the doubt
that Hans Gross ' has expressed, as to whether fraud is to be
T^arded as a psych<Jogically uniform c^ense at all.
The results of a geogr^hical consideration are meagCT as
far as differences of race are concerned. Only in the contrast
between the frequency of theft and fraud in the east and south
is it perhaps possible to see a taga of such differences; I pur^
posely say "perhaps," for no absolutely co-tain proof is to be
found in the material at hand. One thing, however, we may
definitely assert, that the possibly existing ra<:fi differences
«ert an insignificant influence, as compared with the powerful "
social &u;tQEa^ prosperi^. and folk-customs. From the fact
that the east is strongly represented in the whole criminality
d the oountty, we should not conclude that the state of mo-
raUty there is low, but rather that the economic conditions
are bad.
The negative result of the race investigation is highly pleas-
ing to the criminologist. Bace transformation goes on slowly
for centuries and can scarcely be influenced from outside by
artificiat means; whereas we possess weapons enou^ against
evil economic conditions and the abuse of alcohol.
Here we m^ well go on to the influence of religious doiom-
ination. Religion, as such, does indeed appear to be entirely
without significance in the criminal statistics, for we merely
ascertain to which of the existing denominations an individual
belongs, but not whether his membership is more than a
purely nominal one, not the degree of his reli^ous belief, not
the influence of religious teachings on his thou^t and actions.
It might almost be aflirmed that the commission of any seri-
ous crime is a proof that the perpetrator has lost his touch
with his religioa.
' toe. eU. p. 371.
D,.,l,z<»i.vG00gIf
52 THE SOCIAL CAUSES OF CHDIE [§ 4
But, if we ezamine the statistics, we are ctMifronted by dif-
ferences of such magnitude that we are Dot justified in passing
them over in silence. Especially is this true because, in the
quarrels among the denominations, the kind and Dumber of
convictions are quoted to show the inferiority of the opposing
sect.'
During the years 1892-1901, the average number of persODS
convicted per 100,000 civilians of the saow futh was:
TABLE IX
IISS Enngelkal Chintisiia
IMl Catbdic Chriitiuu
lOW Jew*
f The criminality of the Jews, with the ezceptioD of Group I
in the statistics (crimes and offenses against the State, pi^lic
order, and religion), is far below that of the Christians.
Th^ predominance in Group I is mainly due to the large
Dumber of convictions among them for transgressing against
the Lord's Day law.
If we regard the offenses sqiarately, we find that, for ev«y
100 cases of usury in which Christians are the offenders, there
are ISOO such (Senses coounitted by Jews in proportion to the
number of members of every denomination. In considering
this fact, two things must not be forgotten: first, that ccm-
victions for nsuiy are very rare. During the period covered by
the report, the average wnmml number of Jews convicted c^
this offense was 5. Such small figures easily lead our judgment
I AnanonymouapMnphlet ("DkkontewiiopellelMniiiiiilwtatiatikniWllrt-
tember^" H*ll<v Bogcn Strien, ISSfl, with the motto, "By tlinr faniU ye
■hall know them") ooptuna the foUawing Kntcnce (p. SS): "b oomtnst to
the compluiiU dl tbe hoteri«nta ol decreue in clituch «tt«3wlwice, indiffcc-
aiat, and lukewannneM, re kc m tbe CatbcJic diurdii in the laat forty ye«ta
an unequalled growth cf cfanich life and — unfavoiable moial reaulta."
S 4] RACE AND RELIGION S3
astn^. It ia true that the small number is so constant that
we cannot deny it eveiy significance. Secondly, we must
take into account the fact that usury is a specific offense of
trade. From 1885 to 1889 60% of tJl the persons convicted of
nsuiy were engaged in trade and commercial pursuits. Accord-
ing to the last statistics of occupation, of the year 1895, among
100 Jews engaged in gainful occupations, 54.56 were engaged
in commercial pursuits, as against S.64 of the entire population ;
that is, nearly six times as many as tiie proportion of Jews in
the population would lead us to expect. Hence, we should
compare not the number of Jews and Christians that are con-
victed of usury, but the number of conunercially occupied
Jews and Christians. This results in a considerable decrease
in the predominance of the former, thou{^ the Jews still
remain in the majority. It would be a mistake to draw ai^
far-reaching conclusion from these facts, if for no other reason
than merely because most of the cases of usury do not come
before the courts at all, so that the small number of convic-
tions is entirely misleading.
The same considerations apply to all those crimes the nature
of which makes their accomplishment almost impossible ex-
cept by those engaged in commercial occupations in the widest
smse, such as simple and fraudulent bankruptcy, and offenses
agunst § 147 of the trade regulations. How necessary it ia
to take the occupation into account, is shown by a considera-
tion of the kingdom of Saxony. In 1891, 14.9% of all thefraud-
nlent bankruptcies, and 23% of all the convictions for usury,
occurred in that realm, whereas the percentage corresponding
to the number of inhabitants would have been 7,07, The
explanation of tUs lies in the occupations predominating in
Ssxooy; of 1000 gainfully employed persons in 1895, 122 were
engaged in trade. It may be said in passing that the percent-
age of Jews in Saxony is only 0.27. *
L ,l,z<»i:,.,G00gIf
THE SOCIAL CAUSES OF CRIME [§ 4
TABLE £1
lOO.COO CiTiuua a
I. AD crime* and oSoiaecafatiictiuitkwi
E. Crime* aad ottaaa ajMnst tbe SUte.
public rader. Mid idigiad
S. Crimea sod cffeB*e*>g^ii*t the pcnoa .
4. Crime* and offcweaasmtnctpn^erly .
5. Reristmg an officer, etc
S. beadi ot the peace
7. VkJating the Lonl'i Day ngnlation* .
8. Perjury
B. Bape
10. Inndt
11. Aggravated a«*ault and battery . . .
12. Petit larceny, alio when npeated . .
18. Gfand larceny, aln when repeated . .
14. T^iiihi ■■Ifmrnt - - .
15. BeceiTtng ttolen goodi
16. Fraud
17. Fraudulent bankraptcy
18. Snqile bankniptcy
19- MaBciotti miaduef ----..-..
4t»
3:i
140.4
IBSJ[
n8.6
lM.ft
7M
80.0
The mimber of Jewa convicted of duding is strildiig —
three snd a half times greater than it should be. According
to Cron,* 5.4% of the students at the universities in Baden,
from 1889 to 1893, were Jews, while the? constitute only
1.6% of the population. Hence, the number trf them that are
convicted of dueling b explained by the lat^ percentage in the
student body, and perhaps also b; the greater frequency of
serious conflicts to which their faith exposes them. All duds
in which officers of the reserve an cfHicemed are not included,
as they are dealt with by court-martial. This also brings
> "Statirtik del DeutKhen Bcidie*," N. F. LXIV, 11, p. Sfi, and
CXLVI. n, p. 80.
■ £udimpCn>ii,"DerZogangdaBadaM>sadcBb«£acA«aDgiTeniUUes
1660-1808," J. D. Bdddberft 1887.
L ,l,z<»i.vG00gIf
§4] RACE AND KEUGION 55
aboat an artifidal increase in the percentage of Jews as com-
pared with that of Christians.
Occupation does not, however, ^>Uin the high number of
aentences jor insul t, which is still more rema^ble when we
consider how little the Jews are inclined to intemperance,
one of the commonest causes of this offense. How often the
insult is only the reaction from former irritations cannot be
determined, but, whereas, in regard to the other offenses
mentioned, I believe that the influence of a race peculiarity
is inadequately proved, in this instance it seems to me possible
that a connection exists between the offense and racial descent.
The vivacity that expresses itself in gesticulation, talkative-
ness, loud speech, and excitability is, as we know, much greater
in the south than in the north; perh^>s the large number of
insults may be explained by the relationship with aouthem
peoples, but of course this supposition, too, can hardly be
I»OTed.
The same view of the importance of occupation appears in
our government criminal statistics: "The high number of
convictions of Jews for a series of punishable offenses is closely
related to their preference for commercial occupations.*
But even if we take their occupation fully into consideration,
in certain crimes, above all in simple and fraudulent bank-
ruptcy, the number of convictions of Jews considerably exceeds
that of Christians (1802-1901 : 26.3 : 1.6 and S2 : 0.36 per
100,000 persons of the same fmth). The unfavorable light
thus thrown on the business conduct of many Jews is improved
by the fact that the number of convicted Jews is constantly
decisasing.
This is not true, however, in respect to a few other crimes
and offenses, chief among which are fraud, suppression and
forgery of public documents, adutteration of food. Here,
> "SUtisUk dca DeuUdien Buchu," N. F. CXLVI. O, p. W.
56 THE SOCIAL CAUSES OF CBIME [§4
too, occupation may have a decisive influence, but, in any
case, one thing cannot fail of recogaition, that the offenses of
which a lai^er number of Jews are ccnvicted than thdr pro-
portion to the total population would lead one to expect,
belong to those ciimes that are committed for personal,
usually material, gain, and that the ^planation is foimd
partly, if not entirely, in the occupation oi these people.
The Jews, as has been mentionedi arejoot to any extent
habitual frequenters of public-houses, nor do they drink to
excess. Whether this restraint is due to their descent or to the
^ect of the voluntary and involuntary sodal seclusion that
they have undergone, may remun undecided. Certun it is
that this factor has the most favorable influence possible in the
prevention of crime. The number of Jews concerned in cases
of aggravated assault and battery is only one-third <^ wiiat
might be expected, and, as this crime is almost exclusivdy
the consequence of aloohoUc excesses, the favorable result
is but natural.
In general, members of small r^i^ous communities or of a
scattered race that is surroimded by other races are less in-
dined to deviate from the straight wi^. This is, in part,
the effect of the greater attention that is pud to the whole
conduct of life. Every crime committed by an individual in a
singularly exposed cirde or community is more striking and
immediately leads to generalization. We aU know, for in-
stance, how the immoral offenses of a Catholic priest, fraud
committed by a nobleman, the brutality of an army officer.
are seized on by all opposing parties, stripped of thdr cfaai^
acter as being independent (A occupation and descent, and are
represented as typical.
This sharp criticism has its great advantages. In Prusna,
for instance, between 186S and 1864, 8.69% of the births
among the Jews were illegitimate, among certun sects (Men-
, ,.,,. ..C.oo'ilc
§4] KACE AND RELIGION 57
nooites, etc.) S.99%, as against 10% among tlte rest of the
population. In Austria, according to Koriisi, 9,i% illegiti-
mate Jewish cluldren were born, as agiunst 37.89% Catholic
children; in Vienna from 1874 to 1878 there were 11.8%
Jewish, 23.1% Protestant, and M.«% Catholic, illegitimate
births. The figures in Riissia were similarly divided: 3.06%
in the Greek Church, 0.2%% among the Jews, 0.16% among
the Mohammedans.
This somewhat artificial raising of the moral plane is partly
due to favorable external conditions; the closeness of imion in
such communities naturally leads to a much better developed
qrstem of mutual aid in poverty. This, together with the
greater average pros perity of the Jewa. '^xp^'"" the low
percentage of thefts among them; in cases of petit larceny
they are more than three-fourths, in cases of grand larceny
about two-thirds, behind the Christians, and the same rela-
tive position m|iy be observed in some other offenses against
property.
Respect for the family and for the sacredness of marriage
has a direct and noticeably favorable effect on criminality,
as is shown by the fact that convictions for bigamy, for the
abuse of a relationship of trust to commit an offense against
chastity ("Unzucht unter Missbrauch eines Vertrauensver-
bfiltnisses "), infanticide, abandonment, never occur among
these people, and that convictions for incest are extremely
raie. In all the remaining crimes, low criminality, or its
aboence altogether, may be regarded as due to the advanta-
geous economic condition that has already been discussed.
The same reasons, but probably strengthened by the fa-
natical religiousness which is generally so highly developed
among sectarians, are responsible for the rarity of convic-
tions in the group classified as "other Christians," in which
the government statistics, oddly enough, have included, be-
I _,..■ .. Google
58 THE SOCIAL CAtJSES OF CBIME [§ 4
sides the Meimomtes, Baptists, etc., also the "Disseoters"
("Dissidenten"). In the latest compQatioD no special infor-
mation about this group is given.
It is very difficult to explain the great predominance of the
Catholics over the Protestants in crime (Table X). An
average for ten years shows thor relation to be 1361 : 11S2;
in the main groups the Protestants predominate only in
Group I (169 : 164) ; among the more important of the sub-
divisions they are in the majori^ in embezzlement, 53.2 : £1.5,
and in bankruptcy. In con^ering these wide variations, a
connection between them and the geogn^hical distributioti
immediately suggests itself. Von Scheel considers the ques-
tion of religion superfluous, and explains the variations by the
fact that in Northwestern and Central Germany, where the
Protestant faith predominates, the inhabitants are of more
phlegmatic temperament and, to some extent, more prosper-
ous, while the Catholic sections embrace the uncul tivate d
districts of Eastern Germany. In the most recently puUished
government statistics ' relating to religion, it b stated: "The
Tact that criminality among Catholics is greater is largely due
to the preponderance of Cathohdsm in those districts <4 the
Empire lying on its eastern border, which are partly inhabited
by a Slavic population and are cultural^ not so highly
developed, and where the greatest number of convictioDs
occurs."
But this is not entir^ correct. In the eastern provinces
(Eastern Prussia, Posen, and Silesia), where the criminality
is so high, there are about one and a half million CathtJics,
whereas in the cultivated provinces of the Rhine and West-
phalia there are nearly two millions. In Eastern Prussia, in
fact, only 13.5% of the inhabitants are Catholics. It would
also be a mistake, without further research, to hcAd the Slavs
1 "Statutac dea Deutachen Reiches," CLXIV, 11, p. M.
§4] RACE AND RELIGION 59
in the east responsible, th^ indination towards crime being
as yet hardly established.
Those districts in which the religious denominations are
mixed should afford us a better insight. The government
criminal statistics * give us a comparison of 25 sections in
which at least oneM]uarter of the population was either Evan-
gelical or Catholic. Among these the criminality of the Evan-
gelicals exceeded that (rf the Catholics, per 100,000 inhabitants
of the same faith, by 5 in the Danube Circuit, 6 in Minden, 10
in Heidelbei^, 30 in OsnobrUck, S6 in Offenburg, and 86 in
Karlsruhe, — six districts altogether, in which there were,
on an average, 28 more convictions, with a total average for
the whole of Germany of lOSl.
On the other hand, in the following nineteen circuits with
mixed populations the Catholics committed, on an average,
150 more crimes than their drape: Schwarzwald Circuit (49),
Mosbach (27), Amsberg (30), Coblenz (37), Rheinhessen (59),
Diissddorf (88), Danzig (89), Marienwerder (100), the Pa-
latinate (120), Jagst Circuit (122), Starkenburg (143), Lower
Alsace (166), Bresl&u (184), Wiesbaden (184), Oberfranken
(212), Mannheim (230). Liirrach (232), Bromberg (361),
Posen (423).
The variation being as great as this, we cannot omit to search
for the cause. Auricular confession is frequently held respon-
sible, but it is a question whether there is any justification for
this opinion. Persons of inferior mentality and confused
minds may, indeed, consider that the performance of a pen-
ance imposed by the Church lessens their responsibili^ to the
State. This view undoubtedly does exist, but it would scarcely
be possible to calculate its frequency and significance. It
need not be said that such a mbunderstanding tA an institu-
tion that is of so great importance in the Catholic Church is
' N. F. LXIV. n. M.
L ,l,z<»i:,.,G00'ilc
60 THE SOCIAL CAUSES OF CRIME [§ 4
not to be laid at its ^han. I know several cases in whidi
confession led to crimes being made good, either b; the restora-
tion of stolen propert7 or by the criminal's giving himself up
to justice. The frequency of such occurrences cannot be given
in figures, but <rf one thing we may be certain, that ocMifes8i<Hi
in itsdf is much more calculated to repress than to furtho'
criminal tendenciea.
Another fact, however, decided^ deserves consideration,
that the material <nrcumstances of Catholics in general are
less prosperous than thoseof Protestants. I have no knowledge
of any accurate investigation that proves this fact throu^out
Germany, but in a small portion of the Empire, in Baden,
the whole question has been most car^uUy studied. Martin
Offenbacher ' has been able to prove that, with few ezoep-
tions, the Ihtitestants in Baden 611 the more remunerative
positions in all occupations. In agriculture, for instance, in
which more Catholics than Protestants are engaged, the
lucrative branch of supplying good markets with milk, vege-
tables, and fruit is largely in the hands of the ]&ttet. In
industrial pursuits, the majority of the more independent woA-
mea are Protestants; for instance, the art-craftsmen, composi-
tors, printers, and photographers. In 1895 the income tax per
1000 Catholics amounted to 589.800, per 1000 Protestants to
, 954.900, marks.
To generalize from the conditions in Baden for the idiole
of Genual^ is permissible to a certain extent, for it is known y
that the student bodies in Bavaria. Wtirttemberg, and Prussia ^"^^
show the same phenomencm that is seen in Baden. Eveiy-
where a relatively snudl number of Catholics is found in the
"Realschulen" and "Bealgymnasien," a somewhat larger J^
nimiber in the "Gymnasien" (students of theidogy), but ^
' Jfnrfm Qf«tAaeh«r, "Koafemon und aoiiak Sduchhing," J. C. B. Mohr,
TUlnngen ond Leipzig, 1900.
§5] CITY AND COUNTRY; OCCUPATION 61
always a smaUer proportion of Catholics than we should
expect.
This fact, an enquiry into the cause of which does not lie
witimi the limits of this work, assigns to the Catholics a lower
place in the social and therefore, aJso, usually in the economic
scale. With the close connection that exists between ecfmomlc
position and crime, this proportion brings with it the danger
of coming into conflict with the law. Leas importance should
be attached, in my opinion, to the lack of higher education,
for too littJe is known as yet of its influence on criminality.
I must be content to point to the possibility of a connection
between the greater criminal inclination of the Catholics and
their social condition; in view of the importance of the fact
itself, further investigation of its causes is essential. It is
cotainly fitting, however, to empha^ze that, the cause still
being doubtful, we are not justified in using the higher or lower
ciiminality of members of any faith as a weapon agunst them,
or, worse still, like the anonymous writer mentioned on page
&i, to assume that "crinunal statistics show the intrin-
sic moral value of the various faiths in a really remarkable
manuer."
The govenunent statistical report is right in closing its
consideration of the connection between religion and crime
with the following words:* "We cannot issue too strong a
warning agunst the use of the data tor or agmnst this or
that faith, to show that its effect on criminality is proved."
§ 5. City and Covatry; Ooonpation
According to von Oettingen,' the relation of the urban to
the rural population in Italy was Si : 68, but in criminality
tiney ^^roach each other, and the relation is 4S : 57. Condi-
' "SUUfUk de* Deutehcn R(»cbe^" LXDC. D. 37.
* Km OeOingai, lot. eil. p. 409.
. ,l,z<»i:,.,G00gIf
THE SOCIAL CAUSES OF CBIME
[§5
tions are similar in France, where the urban and rural inhab-
itants weie responsible for appioziinately the sune number
of crimes; but the uriian inhabitants constitute only about
S0% of the vhole population. In Germany, in the cities and
districts with more than 20,000 inhabitants there are ISiJt
delinquents per 100,000 adults; in the rural districts only
96.6. But it would be erroneous to conclude from this that
morality and virtue are deeper rooted among the peasants
than among the dwellers in cities. For good reasons the large
city strongly attracts criminab and loafers, who find there a
better field for tbeir labors, companionship with congenial
spirits, and more opportuni^ to keep themselves and th^
booty out of sight. The pleasures of the city are also entkang,
and it is just these pleasures that offer themselves duly in all
possible forms, chief among which are prostitution and alco-
hol, that are fraught with danger to the man of weak character.
He succumbs much more easily in the complicated lITe oT tbe
<uty than under simple rural conditions, to the tenqitation to
steal. If, in addition, he becomes intimate with reckless
companions, or, worse, falls into the hands of old prison veter-
ans, the first step in a care^ of crime is soon taken.
A summary of the years 1883-1893 in Germany * gives the
following differences per 10,000 urban and rural inhabitants:
TABI£
XI
Puoa
All
Cmoi
Om-
Amu.
Ttarr
FUOD
AggRgate of S3 dtiea >nd distaricti with
tive dirtricta
134J
06.0
7.4
3.2
12.S
1«.7
87.8
&1
"SUtiatik da DeutKben Btat^tta,"
N. P. Lxxvn. n, m.
§ 6] CITY AND COUNTRY; OCCUPATION 63
Offetyes against 4>ropert;;j especially fraud, predominate in
the city; the numbers of procurers, and t^ workmen without
steady employment, whom I shall tiy to characterize more
fully later, in short, the whole tribe that constantly lives with
one foot on the threshold of the penitentiaiy, clearly appears
in the frequency of resistance to the authority of the State.
In the country, on the other hand, the drinking that goes on
on Sunday ends in a brawl, in which knives play their part;
henoe the larger number of cases of aggravated assault and
battery. But there b also great variation in this respect.
In the part (^ Bavaria that lies on the right of the Rhine
there are more cases of such assault and battery in the country
districts, while in Rhineland the majority of such cases occur
in the towns.*
In trying to find the reasons for these variations between
the city and the country, we must proceed with great caution.
Yvemes,* for instance, established the fact that 75% of all
infanticides were committed in the country, and 60% of all
criminal abortions in the city. But these are not criminal
p^cholo^cal differences that might be used in characterizing
the population. They are merely differences in technique, if
I may so express it. Unmarried pregnant girls in the city
easily find an experienced friend or unscrupulous midwife to
help them; the newspapers teem with advertisements offer-
ing "advice in confidential cases." The peasant girl resorts
to the use tA internal, and, generally, ineffective, doses, to
procure abortion, but so seldom with success that such cases
rarely reach the ears of the authorities. But if she makes
away with the infant after it is bom, she seldom escapes prose-
cution and conviction; in the city it is more convenient and
leas risky to let the " baby farmer" attend to the ghastly task.
> Priiwt, "Soikle Faktoteu der KrimiiuliUt" (ZStW. XXII, UO).
> CHed by F9ld*t (ZStW. XI, SS8).
. ,-<,::. CoO^lf
64 THE SOCIAL CAUSES OF CRIME [§ 5
The connection is not always so transpaient. The variations
found in different localities often cannot be explained lill the
occupation is taken into account. Theie is no doubt that the
latter has considerable influence on the kind of c^enae com-
mitted. Apart trran superfi<3al connections between the two,
a close relation is brought about by the fact that an individual's
inclination and talents influence his choice of a profession. It
requiies a robuster constitution to be a butcher than to be a
tailor or waiter; the individual of inferior intelligence will
never rise above the grade of the unskilled laborer. Still
greater interest is claimed by the well-known fact that, anwxig
imposonators of women on the stage, amtmg waiters and
ladies' tailors, there are mai^ men with perverted sexual in-
stincts, who have doubtless been influenced in their choice of
occupation by the abnormal suggestions connected with these
Idnds of employment. It is to be regretted that so far not
much study has been devoted to the psychology of occupation.
For this reason the goTemment statistics do not eata a
laborious, and at present vun, consideration <^ the different
professions, but deal only with the large groups of occupaticms.
In Table Xn the number of adults in each <d these groups
is ffvea, and the share that each group has in criminality as
a whole, as well as in certain of the more important crimes.
The group that includes agriculture, forestry, hunting, and
fishing is stronf^ represented in the crimes of arson, perjuiy,
and a^ravated assault and battery. The suspidon that in
most cases of arson the motive is the desire to obtain the in-
surance is refuted by the statistics. Occasionally, it is true,
a peasant whose drcumstances have deteriorated resorts to
this method of getting a fresh start, but, in comparison with
other occupations, such cases are rare. Most cases of in-
cendiarism are due to revenge on the part of employees, that
is through farm laborers, dairy maids, etc. Anger at being
§ 51 CITY AND COUNTEY; OCCUPATION 65
scolded gives Uw impulse, and the tempting quantities of hay,
straw, and grain afford the favorable opportuni^.
Only aa regards perjury does the number of indepeodent
fanners who are convicted exceed that of the employees; all
the other offenses are committed chiefly by the laborers and
■ The commonest crime of the industrial population is the
offeringof resistance to an officer. Nearly half of all the convic-
tions for this offense fall to the share of workmen in factories,
mines, and the building trades, who constitute approsimatdy
one-sixth of the total population. The reason probably lies
in the lai^ number of youthful factory workers employed.
The ^ect on these immature youths of independence and of
the liberty to dispose of their weekly wages as they wish, is
most unfavorable. In th«r self-conceit they look upon them-
selves, when they resist the subordinate representatives of
the government, as heroes.
The immaturity of the workmen is also to blame for the fact
that the industrial group is so largdy represented in offenses
against chastity; the saloon is responsible for the many cases
ol aggravated assault and battery.
The specific crime of the commercial class, which includes
also hotel-keepers, is usury. To 100 adults of the total popula-
tion there were t.S independent landlords, who were responsi-
ble for 59.8% of all the cases of usury. The prosperous con-
dition of many tradesmen makes it easier for them to lend
money than for men in other occupations; the figures would
also perhaps justify the conclusion, that many a usurer merely
uses trade as a blind in order to cover his dubious business.
The criminahty of the fourth group is much below its pro-
portion of the whole population; it includes, besides pubhc
cRnployees and those in the service of the courts, the so-called
independent professional men (physicians, teachers, lawyers,
Coogic
THE SOCIAL CAUSES OF CRDfE [$5
linl
ll
ji.
iltj
$ I :^||g|g :|
2 SS5S33
^ ^8665 = 3= :S
i ViiiiVii-i
>> (t « . ij >i •>
i s»g383sa°a
3 S32S:S3:33
I.I
1
illiliiiliij
11,
ill
^laiiizodbvGoogle
§5] CITY AND COUNTRY; OCCUPATION 67
etc.)' Their soda) position and economic condition, descent,
and education, form a powerful protection against the temp-
tation to crime — but, unfortunately, not an adequate one.
The figures for usury and fraud equal, those of sexual crimes
exceed, the figures showing the proportion of this group to the
whole population.
In 1889 a special census was taken of some of the indep^id-
ent professions; the result showed that, per 10,000 higher
court officers, there were 3.5 convictions; to the same number
of lawyers, 56; of physidans, 70; <^ teachers, 29.5. The total
number of convictions was rather small; in all only three higher
officers of justice wen convicted. Nearly half of the convic-
tions among the lawyers, and more than half among the phy-
ffldans. were for insult; among the teachers one-tturd of the
convictions were tot the same offense, one-sixth for assault and
battery coemiitted in (^ce ("KSrperverletzungenimAmte"),
one-eighth for sexUal crimes. Of the 5fi convicted ecdesiastics,
9S were sentenced for insult, 11 for defamation. All in all,
the short period of one year during which these observations
were made does not permit us to attach any particular sig-
nificance to the figures, The data concerning the criminality
of students are more valuable and will be dealt with later.
The number of convictions among servants is very small,
Rykere's assertion to the contrary. Their commonest crime
is theft, but even of this offense they do not commit more
thaJi titeir share. The large number of thefts is partly due
to the temptatifm that daily confronts these people, who tor
the most part are still quite young. As, notwithstanding, the
status of crime among servants is so favorable, we shall prob-
ably not err in attributing this to their being so well provided
fc^ They have suffitnent food, comfortable shelter, suitable
clothing, and so are not exposed to absolute need.
The group, "without occupation, and with no occupation
68 THE SOCIAL CAUSES OF CRIME [§ 5
given" is composed of many elem^its. To it bel(Hig the in-
mates of various institutions, who usually have little or no
opportunity to commit crimes, students, persons living on
their incomes, and those who are supported by others; also
those who. thou^ employed in some way, faUed to give thdr
occupation. We shall not go far astray in assuming that some
professiona] criminals are numbered among the latto-; this
view is supported by the high percentage of uaurera.
Finally, a seventh group is made up of "workmen who have
not given the nature of their employment," constituting 1%
of the population, but responuble for 10% of the crimes com*
mitted. The figures showing the percentage of convictions
for receiving stolen goods (14.4), larceny (l5.), embezzlement
(12.7), resisting an officer (15.8), offenses against chastity
(8.9), peijuiy (7.9), are sufficient to indicate what dangotius
characters are hidden b^ieath this af^Mrently harmless desig-
nation. The supposition that we m^itioned in connection
with the group, "persons without occupation," b evwi more
justified in respect to this group. Those workmen are prob-
ably also included who,owing to physical or mental defect5,are
unable to find permanent empl<^ment dther in industrial or
agricultural Ufe; but most of the group undoi^tedly do not
deserve the honest name of "workm^L" Indeed, in 190S, of
S836 convictions for inducing women to prostitution, 590 fell
to the share of these "workmen," who make up 1% <d the
population! In the criminal statistics it is v«y property
stated * that many persons who are not working are induded
in the census as "workmen," a misnomer that is not to the
advantage of the real workmen and b most unfitting.
As has abeady been mentioned, special statistics of the
md^>endent professions have been compiled. It was recog-
nized at the beginning that no great result could be expected,
> N. F. XCV. n, 85.
L ,l,z<»i:,.,G00gIf
§6] NATIONAL CtlSTOMS. ALCOHOL 69
as the economic and social conditions of men in these profes-
sions prevent their being much exposed to crime. The diffi-
culty of obtaining such special statistics of other, less sharply
defined, occupations is veiy great, but, when once collected,
they are more valuable. Statistics of crime in certain trades
re qaira ig absolutely di fferent minds and temperaments, such
as but ters a nd hairdr^sgra, would be veiy desirable; also
those of hotel-keepers, waiters, men-servants, midwives, and
of engravers and locksmiths, whose technical skill, as Un-
denau * in particular iias pointed out, determines the manner,
and perhaps also the frequency, of their criminal acts. Finally,
it seems to me essential that the share that prostitutes have in
crime should be ascertained.
§ 6. Hstional Ciutonu. Aloohol
The baleful mfluence of alcohol is one of the best known aud
most transparent causes of crime. It is true that the effect lA
alcohol can^|>e fairly calculated only when the crime is the
direct consequence of alcoholic indulgence. And yet it is just
the indirect effect of alcoholism that is of so much greater
Importance and is so much more distressing, because those
who are affected are by no means alw^s drunkards.
The descendanta of inebriates tire seldom of normal health
and intelligence. During a period of twelve years, Demme *
was able to observe the children in two groups of ten families,
each group living under the same economic conditions. One
group, in which no intemperance could be traced, had 50
ncHmal childrat that lived; 5 children died, 2 were afflicted
with St. Vitus's dance, 9 were mentally deficient, and 2 had
congenital malformaUoiis. In the ten families of drunkards,
> Ztndnum. "Beruf und VerfaraclieD" (ZStW. XXIV, S81).
* D « M» M L ''0lMTdi!nKmfliiirijlMAlfcnlwilj»irfi<iBinrBMiirmi^[f4t*« yi l Kp 't.''
_ ,l,z<»i:,.,G00gIf
70 THE SOCIAL CAUSES OF CRDfE [§ 6
there were only 10 normal chOdien; £5 children died, the 9St
others were mentally deficient, cripples, at epileptics. Le-
gnun ^ found very similar conditions. Of 761 children ai
drunkards, 79.6% were degenerate, that is, meaitally defiant,
epilectic, or insane. Of 54 children, in 50 families, who lived
to grow up and whose fathers and mothers woe drunkards.
83% were themselves iotemperate; some ot these drunkards,
and the rest of the descendants, in all 44.4%, were mentally
diseased. Boumeville * ascertained that, among 1000 feeble-
minded, epQeptic, and imbecile children who were admitted
to Bic£tre between 1880 and 1890, there were 620 cases in
which the father or the mother or both had been intemperate;
information was unobtunable in 171 cases.
This is the sorry birthright of the children ot drunkards.
Physical and mental cripples, how can they be equal to the
strug^e for existence? They are the bom candidates tor tixe
■ insane asylum and the prison. Among the tramps that he
examined, BonhOffer* found 57% that were handicapped in
this way; most ot them were themsdves drunkards. This
direct inheritance of the inclination to drink is very clearly
illustrated in the accompanying genealogical table taken
from my own observation.
But it is not alone this sad heritage that menaces the
children. It is not necessary to dwell upon what life means
in the family of a drunkard. Sunk in filth and wretchedness,
iniued to the horrible sight of intoxication, accustomed to
the brutal selfishness of the father, to low quarrels and rough
hftTlJ^ling, how can a child form any moral conceptions?
The street, with all its dangna, bectones the second home of
such unfortunates. It is solely due to a lucky chance it they
' Ltfrain, "D^^n^rocence et akohoBame," hria, IS95.
* Haiti HeUttiia, "Die Alkobolfnge," Jens, 1003, p. U6.
■ BotJUiffm; "Ober giUMUldtiachei Bettd- imd VagUMBdcBtom" (Z9tW.
XXI, 80).
. ,i,z<»i:,., Google
NATIONAL CUSTOMS.
Google
72 THE SOCIAL CAUSES OF CRIME [§6
tbemsetvea do not learn to drink in their earliest youth.
The dread of prison, too, early disappears. Most drunkards
come into conflict with the law from time to time, and the
diild who often knows his father to be in jail aoon loses his
tear of the criminal judge.
This is only one phase c^ the danger to which the duldren
of drunkards are exposed. It is increased by the poor econo-
mic condition of drunkards' families. liquor is a large it«n
in the temperate workman's expense account; how mudi
larger must it be in that of the drunkard? Whether he is
woiking or b on strike, whether he takes a holiday on black
Monday or is out of emplcQ'iQCiit owing to his habits, the
quantity of alcohol he consumes remains the same; it is his
wife and children that go without the necessaries oS life.
The poverty and wretchedness thus engraidered among the
women and children not seldom leads to their first criminal
steps, the first theft, the first sentence.
I shall content myself with these few references to the in-
direct influence of alcohcJtsm on the criminal worid; it is
much easier to prove the results for which the occasioDal
drunkard and the inebriate are directly responsible.
Baer' bos coUected the moat comprehensive statistics
relating to the connection between crime and alcoholic indul-
gence. Be obtained his facts from 49 Prussian penitentiaries
and 3S prisons for men, 18 penitentiaries and prisons for
women, and 21 houses of correction and reformatories for
both sexes. Of S0,041 male prisoners, 49.9%, of 2796 female
prisoners, 18.1% were drunkards.
The number of drunkards, as the following table shows, is
approximately the same among all male convicts.
That we do not find intoxication noted among the tramps
1 Baer, "Dcr AlkolioUtmiu, Kiiie Terbmtinig nod wine Wiikniig Mrf den
individudlen imd -*"■'" OrgKuamiu," Beriio, 1S78, p. SU.
.OOglf
161
NATIONAL CUSTOMS. ALCOHOL
73
in the workhouse is only natural. A crime committed in a
state of intoxication leads to prison and the penitentiary,
not to the workhouse. But nearly half of the vagabonds are
habitual drinkers. Snell * and BonhiJffer ^ found even higher
figures than Baer. BonhQffer ascertained that, among 113
tramps who had become criminals before their twenty-fifth
year but at the time of examination were above that age,
there were on^ twelve who did not drink spirits regularly
eveiy day. The average quantity was three-quarters of a
litre. In the house of correction in Wunstorf (Hanover)
Snell found, among 100 inmates, 87 who for years had been in
the habit of drinking 1 J^ litres of spirits a day. 67% naturally
showed signs of chronic alcoholism.
,— "™
Daman
Amma thb Dunan
"IS
IM
%
Ocu-
%
Hi-
%
Ooc-
%
Hi-
%
Prim . . .
ComcUcB
'S;SJ
8817
«J
MM
ts.e
us
10>
MU
70.*
«11
US
'3-
More drunkards are found in the penitentiaries than in the
prisons; but, on the other hand, crimes committed during
intoxication lead oftener to prison than to the penitentiary.
In order to explain this phenomenon, the crimes for which the
sentences were imposed would have to be examined, but I
do not believe the statistics to be such that this can safely
be done. They do not distinguish sharply enough between
occaGdonal drunkards, habitual drunkards, and sober persons.
1 Siuitildtedb]'ffi>pp^"DieTataachniUber<IeuAlkolu>I," 2ded. Beriin,
S. Calvkjy, 1901. p. 216.
* Loe. eU. p. IS.
3,a,l,zt!dbvG00gIf
74 THE SOCIAL CAl^ES OF CRIME [§6
Generally speaking, the occaaonal drunkard is one who
drinks to excess only on special occasions, whereas the habit-
ual drunkard is one who does not need s holiday or some
festival as an excuse for excessive indulg^ice. Bat, as there -
are only too many festive occasions for the man who is seeking
them, the distinction between the two groups becomes blurred.
In addition, many a man is a steady drinker who seldom or
never gets drunk, and, on the other hand, a man may become
intoxicated on rare occasions without being a drunkard.
These considerations show how subjective judgment must be
in such cases; 120 directors ol penal institutions, probably
aided by subordinate officials, have had a hand in the statistics
mentioned. Hence the weak points in subjective opinions
<^ alcoholism and intoxication confront us 120 times and
prevmt a uniform consideration of the results.
More useful are Baer's * figures relative to the inmates <^
the penal institution, FlStzensee, near Berlin, for in this
case be alone was the judge. Of S227 prisoners, 1174
(- SOJi%) drank; 999 ( = 84.2%) of these were occasional,
the other 175 habitual, drlhkera. •
In the figures given in Table XIV the number of crimes
committed by the habitual drunkards faUs consid^«bly below
that committed by occasional drunkards; their offoises m^
be divided into two groups. The first consists of assault
and battery, resistance to State authorities, breach of
the peace, nulidoua mischief and sexual crimes; in other
words, it consists of crimes that are committed with violence
and brutal force. The second group is made up of thefts
and embezzlem^it. Even a slight decree of intoxicatioti
makes the execution of these latter crimes more difficult,
whOe it facilitates the conmiission of the crimes in the first
groiqi.
> Loe. di. p. sac
L ,l,z<»i:,.,G00gIf
§61
NATIONAL CUSTOMS. ALCX>EOL
76
Gteill ' toOf in an examination of first offenders in Copen-
hagen, found a considerable variation in the different crimes;
<^ the thieves, 14.61%, without being habitual drinkers, were
drunk at the time the offense was committed, while, among
the delinquents who had committed crimes of violence, the
percentage rose to 64.81.
TABLE XIV
Anault and batttfy
RensUnce to State uitlioritjr
Breach of the pe«ce
Maliooiu misdiicl
SeziuldimeB
■n^ft
The same difference wpears in the scanty statistics com-
piled in the Grand Duchy of Badeh ' covering the period from
October I to December SI, 1895. While, in the 148 cases of
reristaDce to authority 64%, of assaults and battery 46%, of
the offenders were inttaicated, this was true of only 7% of
the offenders in 61S cases of theft.
Though this relation between crime and intoxication may
seem quite comprehensible, it is nevertheless unfortunate that
the criminal's own statements about his condition cannot be
relied upon. According to the circumstances, he will endeavor
to exaggerate or conceal the degree of intoxication; nor can
> fbiB, "Alkohol nod Verfanchcn in DliiemBA"(DerAIkobcJianiiu, 1904,
p. 818).
* "DcrW^mndigriitigerGetAiikeimGraMhenagtam Baden." Karia-
robe, 1898, p. SI.
^laiiizodbvGoogle
76 THE SOCIAL CAUSES OF CRIME [§6
the testimony td witnesses and the, frequently subjective,
views (rf the judge do awsy with the objection.
An inteiesting attempt to determine the coonection between
intoucation and crime, and one that is wholly free from the
reproach of subjective judgment, has beoi made by the exam-
ining judge. Otto Lang,' in Zurich. His work is based <m the
cdBdat records of the district court in Zurich for the year 1891.
In this year 141 persons were convicted of assault and battery,
or of participation on brawls in which assault and battery
took place. Lang has ascertained the d^rs of the week on
which these criminal acts occurred.
TABLE XV
A Satunby
A Simdaj
A Monday
Some otber 1I&7, but &t ni^t, or in a puUkJxniM .
Ute other toui dayi ct the week, but in the daytiiiie
Total
Thus we see that on the 208 days in the year on idiich less
alcohol is consumed, only 41 of the 141 convicted pers(»i8
committed the <^caae, the remaining 100 persons having
transgressed on the 157 days on which we may safely assume
that there is more alcoholic indulgence.
The explanation is perfectly obvious. On Saturday, p^-
day, a portion of the weekly wage is always spent for drink;
on Sunday the worianan, whose home is rardy attractive
enough to keep him there, has no other refuge, espedally
in wet or cold weather, than the public-house, and on Monday
I 0(lo Lang, "Alkobolscnuaa imd Veri>iecbai," Baad, Fliedrid Beinhudt.
_,.. C.oo;;lc
§ 6] NATIOXAL CUSTOMS. ALCOHOL 77
he often stays at home to recover from tlw effects of bis ex-
cessive alcoholic indulgence the day before.
We see that the cases of assault and battery coincide, as
regards time, with pay-days and holidays, and there is only
one argument against our regarding alcoholic indulgence as
the cause. The danger of quarrels is naturally greater on
Sundays, when music and dancing, public festivab and
excursions, crowd large numbers of idle people into limited
spaces, whereas on week-days they are kept busy in factories
and workshops. j^Rt this argument is not a sufficient ex-
planation of^lhe facts, because the large share of the crimes
that are committed on Saturdays and MondiQ^ points to
the same cause that leads to the excess of crimes on
Sunday. Schrbter' has ascraiained what proportion of
the cases of assault and battery that occur on Mondi^
are due to persons who have remuned away from work
on that day. He found that, among 2178 such cases,
815 occurred on Monday, and of these, 112 (= 53%)
were committed by men who did not go to work on that
day.
A nmnber of further investigations which are given in
Table XVI showed the same results with slight variations.
I am indebted for my own material to Mr. Fertig, Medicinal
Councillor in Worms, who, at my request, was kind enough
to collect, during four years, from November 8, 1896, to
November 7, 1900, all the notifications that he received asking
him, in lus capacity as circuit physician of the sanitary board
of Worms, to oiake an official examination of persons who had
suffered injury. From these notifications, in which the day
on which the iiquries were inflicted was given, it was easy to
> Cited b7 KMiiuki, " AUcoboliamus lud Verbrechen." Bericht Oba den
intenuttioDklen KongreM eut BekJUnpfiingdM MiMbmucbcs geutigcrGettiiike
in Bawl, 1895; Schriftstelle dea Alkohol-Gcgnerbnnda, p. IM.
-Google
78 THE SOCIAL CAUSES OF CRIME |§ 6
ascertain on wliat we^-days the assaults that made <^Kcial
action necessaiy were committed.
3;:""
Ktm
c^i^SS,
OmMotmL
cSi.
^r
ttnma
Bitnn
bTianu
bKoB-
Smd^n . . .
M«iub7> - . ■
WednMdaj* .
FHd*7> - ■ .
XJnkn)>wn. . .
BoUdayi . . .
1«S
08
<8
80
«0
17
«S
ISl
St
>
ft
a
4
U
ISS
e»
M
«S
48
103
SOS
IM
M
67
M
SI
«4
as
Its
SS»
m
itt
100
M
110
lis
ss
ISO
31
30
W
SO
S4
N
ii
ToUl . .
sso
«u
7M
im
1004
9S7
The most comprehensive material has be^i collected in the
govemmoit criminal statistics (Vol. CLV. II, p. S4). In 1909,
of the 97,376 persons convicted of aggravated assault and
battery, S4fi5i had committed thor offenses on Sundays
or holidays, 60,543 on working days. In S181 cases the day
was unknown. On Sundays and holidays (60 days in the year)
there were 57S offenses each; on week-days 198. This is not
including local holidays and festivals. (3.4 : 1.)
The same picture confronts us whether the investigation b
made in Worms, in Rhineland, or in Vioma.* KUtc has ex-
tended his investigations to the place of the deed.*
Nothing could show more clearly what gives the immediate
impulse to assault and battery than the fact that two-thirds
of all fights take place in, or in front of, a public-house.
' L^ghr. "Alkobol and VofarecJMD'' (ZStW. XXIII. SS8). A oompre-
beaKvc ■nmmarr ot tbe lite»tui« u found in BtUitiiu, loe. eA.
■ KOn, "Znr prophrkxe der RohdUddikte" (llSdirEiim^ck. II. S7).
56] NATIONAL CUSTOMS. ALCOHOL
(TonuBu
"""
SH^^^
t^^^^
iwnM
3^^
'"-^
9^^^^
£ §
3
g
5
2
S
§
s 8 a °
ITOIUTS
gSSSSSSSSSJ)
-—IB H
'"
_..
^■~'
&^HB
iT<no|i
Si
S^^^
^^
ifOttinB
S^^H
"oi»i
a^^
*™*^
n^H
3 S
3
3
3
i
3
1
3
§ 8
^laiiizodbvGoogle
80
THE SOCIAL CAUSES OF CBIME
[§6
The few figurea that I have given speak vcJumes. They
reflect sadly on what is called "Sunday rest." As long as it
13 impossible for the workman, the young merchant, the day
laborer, to spend his Sunday in a suitable way, — in the dis-
cussion of the prophylaxis of crime it will be explained what
is meant by this, — as long as the public house is the only at-
tractive ^>ot opo) to him, the unfortunate conditions will con-
tinue that moved the chaplain of a penal institution. Pastor
Heim,' to excUim : '"^^".LcTJ'fi Ttnj lar '" 'tf r^-ynt ff>""
is a very doubtful benefit." *
TABLE Xm
1.0c™
im
IBM
.M.
UM
Totu.
%
PubBc-boine
1*5
«0
174
1«S
7«
08J
S
ss
M
18
80
7.7
Sbert
2S
SS
29
(8
as
Atwoik ....
ss
<s
90
ST
ST
7.8
Cnknown . . .
M
10
<1
10«
IOC
0.2
TotAl
«60
890
tat
<79
1119
100
That it is not the workman alone who is imperilled by drinlc,
is proved by the criminahty of students, which has twice,
in ISdS ' and in 1889 * heoi made the subject of special
investigation in the govemmoit statistics. There is scarcely
any class of men that is so advantageously situated as our
student body. Coming out of educated families, as most of
these students do, brought up under the infiuenoe of and fully
comprehending ethical conc^tions, removed for the most
part from all material cares — where are conditions found
> Bttfo Beim, "Die iUngatat imd Klteateii VerbKcbcr," Beriin, TVi^aiidt
nod Gikben, ISBT, p. 00.
* Also Kriaui (" Der Ksmpf gegea die Verbrechensanacheii," Paderbom.
IMS, p. 85), in bU dLpadt; as « Catbolk priest, agrees with this view.
' "Stalistik dcs Deutschoi Rdcbes," N. F. LXXVII, U, p. 7.
' "Ststistik dea Deatschen Etdches," N. F. CXXXU, II, p. «8.
Cooglf
$61
NATIONAL CUSTOBK. ALCOHOL
81
better calculated to prevent conflicts with the penal law?
Hence, it is so much the more strikiDg when we find that in
1893, of 42,000 students, S50. in 1899, of 54.000, 435, weie
convicted.
TABLE XVm
Pb 10.000
uu Aaa
len
ISM
IBM
IBM-ISU
AD Crimea Mid offenaM
SS.8
80.6
123.6
SM.7
15.0
UJ[
0.8
S.5
4.1
0.7
0.4
17.9
9.4
1S.»
10.A
4.6
S.6
1.S
8.0
14.8
Mj; ■
4.4
4.0
0.0
s.a
ii.o
6.S
Ag8»v»ted«aMuhmdUtt«y. . . .
' WI.S
Snqile UMMk Mid batbnj'
24.4
Theft. ^ when Kpe.t«d
FVuid. also when icpeftted
BlJl
16.4
Compared with the criminality of all classes of society,
that of the s tudents appears veiy grave, especially taking
into conaideratioa how few of their crimes are offenses agwnst
property, which constitute 46% of all the crimes and offenses
against the laws of the land.* We may therefore certainly
take into account the fact that the students are just at the
age at which, as experience has taught us, the inclination to
transgress against the law is especially pronounced. I have,
therefore, also given the relative figures for the age between
21 and 26 years. To this age belonged 245 of the convicted
students,' and undoubtedly also the majority of all students.
The differences, in contrast to the general criminal inclina-
1 "StatutiKdM Jahrbncli fUr du DeatKhe Bekh." XVI, Pkte V.
* Itia atrikmg that Hnoag the coovicted atudmtal? wttt imt 90 jma
of age-
D,.,i,z<»i.vGoogIe
82 THE SOCIAL CAUSES OF CRIME [§ 6
Uon of the population, are the more remarkable, espedallf
in the last two kinds of offenses, when we see how they aie
balanced in all the crimes and offenses in which "the highsptrits
of youth," as the govenmient statistics courteonAly express
it, cross the le^ boundaiy. Not m^ we overlook the fact
that cases of insult among the students themselves sddom
oome before the courts; moreover, breach of the peace
C'Haustriedaisbruch"), insult, and ^mple assault and battny,
being offenses prosecuted only at the request of the injured
party, are frequently settled out of court. The frequency of
cases of redstance to executive officers is especially deplor-
able; doubly so when committed by future judges, teatdiers,
and physicians. The necessity c^ turning to the age most
inclined to crime in order to find equally high figures, and
the fact that, as regards nuJidous mischief and insult,
the students as a class cannot bear comparison with the
total population, do not permit us to view this matter with
con4>lacenc7.*
Insult, breach of the peace, malidons nuschief, resisting
an officer, assault and battery, — all these off^ises bear the
same character, that of insubordination and violence. As
neither lack of home training nor acquired brutality can be
the cause of these acts, no explanation remains but that (J
excessive alcoholic indulgence. The kind of off^ise does not
vary in the least from the rough acts that are committed by
the less cultivated working population. It may wdl be said
that, without alccdiol, convictions of students, as we have the
right to expect, would be exceeding rare. Student life shows
us a sort of artificial criminality that is due solely to the
customary use, or rather abuse, of alcohol.
■ On the whole, tlie year ISIK aeenu to abow in^HoroDait orer the year
ISM. tltou^ Dot, imfortoiMteljr, u i«gftrda tbeft sod fnnd. The aevtaity
of the wataceii too, tdU the Mine ttarj (m 18l» 1^ in ISW only 2, were
•enteneed to paaoa tor aggnnted aawilt wid bkttety).
§6] NATIONAL CUSTOMS. ALCOHOL 83
In discusnng the geographical distribution of crime, I have
already pointed out that the distribution of a ggravated assa ult
and b attery ctHOodes exactly with the va rying amoun t (rf
alc ohol conaum pUon. In a study of criminahty in WUrttem-
bei^, Bettich ' ^>eaks of the statistics of assault and battery
as indicating the character of the resident population. It is
not the hungry apprentice traveling in search of employment,
the journeyman, or the habitual thief, that commits such
crimes. "But the resident young factory workman, when he
has received lus wages, is, indeed, often in a quarrelsome frame
of mind, and the majori^ of the 6ghts that fdlow, judging
by experience, take place Saturday or Sunday evening."
In my opinion, cases ot aggravated assault and battery do
not indicate the character of the population, but th^r un-
doubtedly do characterize local and national customs. Bet-
tich, however, is, I think, right in saying that the danger lies
not in the depravify (rf the habitual criminal, but in intoxi-
cation. Drunkards undoubtedly commit their share ot these
crimes, but it is not the larger one: with 60.4% of the persons
who were convicted of aggravated assault and battery in 1889
it was their first offense! In 1900 the percentage was 51.8; in
1901, 59.S; in 1«M, 68A: 1903, 57.5; 1904, 57.S; thus exactiy
three-fifths of those convicted are persons of unblemished
reputations who pay heavily for their intoxication on Sund^.
Our view is wcU borne out by the surprising sameness of the
figures for several years, with approximately 100,000 convic-
tions in a year. The characteristic manner ot the crimes,
which are all stamped as impulsive, shows that it b not the
depravity of the drunkard, who lives as a parasite at the ex-
pense of society, that is so dangerous, as the occasional excess
of the workman, the craftsman, the student.
> RtOiek, "Die wtlrttember^Mbe KriniiiMlitat" (WUittembergisclie J^u-
badwr Illr Statiatik und Undeakiuide, Jalirgang I8H). I. p. W9).
V.'.OOglf
84 THE SOCIAL CAUSES OF CBIME [§6
In the anny and navy quite different, but paychologicatly
rdated, crimes appear : from 1894 to 1899 in 88 (2%) of the cases
of mititai7 insubordination, in 75.4 of the caaea ot fatal as-
sault, intoxication was ofiKcnally determined. The concluave-
ness of all the subjective experience ot judges, of all statistical
data, still leaves a gap, in failing to show in what way the
connection between excessive alcoholic indulgmce and assault
and battery can be ^^luned. We must turn first to the ques-
tion of the psychic effect of alcohol. Not until within the
last decade have exhaustive investigations been made, by
Eraepdin * and tus pupils, <d the effect of larger and smalla
quantities of alcohol on inteUectual attainments.
Even quantities that aie entirely insufficient to produce
intoxication, and that would correspcHid to the amount coa-
tuned in from a half to a wh<^ litre of beer, bring about a
disUnct slackening ot intellectual power, evidence of which
appears in difficulty in remembering, and in retardation tA
simple psychic processes; as, for instance, in the addition of
simple figures, or, in experiments with compositors, in a de-
crease in the amount of work performed. The sequence erf
ideas, aiao, is disturbed, the conceptual relation of words to
oneuiother is loosened. AH these afFections do more towards
expluningtEe depravity and obtuseness of the ditinkard than
the ^^loaions due to intoxication. Rather, the proven
terioration in the perception of external impressions mi^tl
help us to an understanding of criminal actions; it gives rise
to a misunderstanding of gestures and words. But, in my
de-i
■ Kraepeiin, " BeeinflusKung emfmdiet psychiscber VorgLage (hiidi aaige
Aizneimittd." Fischer, Jena, 1892; Ani^fffenburg/'PaychoiopgcbeAibeitea."
I, poUiabed by E. Kraepeiin, Leipli^ Rnytlmannj KSrt und Kraejalai, Ibid^
m, p. 417; iforfin Meger, Ibid., m, p. SS5; OMntdotBtlcg imd friMprfn,
Ibid., m, p. S8T; Enut ROditi, Ihnd„ IV. p. 1; 5ii>^ "Die AlkohoUnge."
Tttbingen, Onuider, 1895; Farm, "Boidit UberiknintcnutioaBlenKoiigRH
■ur Bcfatmpfnng du AlkohcJmi^niiclu." Baid. 189^ p. SO*.
56] NATIONAL CUSTOMS. ALCOHOL 85
opinion, no ^ftensive iDfluence can be attributed even to
this effect.
On the otb^ hand, ve know of anoth^ effect of alcohol
that is of the greatest interest. In experimoital psychology a
cratain movement that responds to a certain irritation is
called the reaction; by movements, not only those of the
hands being understood, of course, but also those of the tongue
and vocal muscles. Between the irritation and the beginning
of the responsive movement a period of time, that is measur-
able by delicate instruments to within one one-thousandth of
a second, elapses. This is the time occupied by the psychic
process. It is, of course, veiy short when the work that the
mind has to do is very simple, as, for instance, in experiments
where the reaction consists of a formerly agreed-on, easy
movement of the finger responding to a sound. Under the
influence of even very small doses of alcohol this period b
shortened still more; but this acceleration is not to be regarded
as an improvemoit in the performance, for, as experiments
have shown, it takes place at the cost of reliability. The psy- '
chic process induced by the irritation is either superficial or
is omitted altogether; the reaction r^resents nothing but an .
iovoluntaiy movement as a response to an irritation, or to
an anticipated irritation. The instant when the irritation
takes place, which can be fairly accurately foreseen, is antici-
pated; the responsive movement occurs at the moment when
the irritation is expected, not after it has been actually carried
out; somewhat in the same way as a soldier in his first at-
tempts at target practice, or under special stress, can no longer
control his eagerness and pulls the trigger before he has done
tf ylpng aim.
This kind of response to an irritation is called a "premature
reaction"; if the mind had to choose between two or more
movements, the premature reaction becomes a "false reao-
. ,;™:..,GoogIe
86 THE SOCIAL CAUSES OF CBIME [§6
tiofl." The occurrence of these premature and false reactions,
after indulgence in alcohol, are obviously due to a condition
of increased ezatability precisely in executing movements.
The psychic process of delibostion is slighted, owing to the
increased motorial tension. Whether the actual irritation
was the one expected, and whether the response corresponded
to it and was purposeful, does not usually become clear to
the criticism that follows, until the error has been made and
cannot be recalled.
This effect oi ^cohol on the activity of p^chic functions is
fqtplicable to the events of evnyday life. And it enables us
to see the connection between intoxication and crime in the
proper tight. In the public>house, and afterwards in the
street, the same qualities of alcohol are effective. The irrita-
tion consists of an utterance, an abusive w(»d, a threatening
gesture, an aondental knock; the reaction is an insult, a Mow
with the fist, with a stick, with a beer glass, a stab with a
knife.
If the normal course of the reaction were not affected by
the alcohol consumed, the afterthought might exeatase its
authority, and the most practical form of defense be fouod
against the attack, which is so often only an ima^nary one.
But, just as in the experiments performed in the laboratory,
the psychic process is hindered or prevented by ib^ liquor
that has been drunk; the response to the irritation follows
prematurely; by the time the mind has done its work, the
increased motorial excitability has delivered the blow. The
judgmoit of the reason comes limping along after the hasty
action.' "The increased facility of motorial reaction is the
' It DW7 be pmntcd ovt here how 707 importuit tlie reanlu of tbeae cx-
pnimcnta are for the problem ol''freedeten]uaBtkairfiril).'' The rcactioti k
B onqJe act ol the will. AtsnuUaquMitityofaloiAiJaalOgt^coirespaQctBig
^iproziDwtdy to only about } of hi ounce <rf brandf , a tenth of a liti« of wincv
or a qiiaTt<r of a litre (d beer, alten the leaction. Iliu, erea audi mall doaeaw
§6] NATIONAL CDSTOIKB. ALCOHOL 87
source of all those unpremeditated and purposeless, because
impulsive and violent, actions, which have made alcohol so
notorious, not only in the history of the foolish and audacious,
but especially in the annals of crimes of pas^on."
The knowledge of the p^chological effect of alcohol gives
OS a full understanding of the crimes that are conmiitted
under its influence. We might calculate what kind of offenses
they would be, even without the aid of constant observation
and statistics. In its very first stages, motorial ^citability
shows itself in loud talkaliveness, screaming, singing — dis-
turbing the peace; then the impulse to make purposeless mo-
tions finds occupation in handling inanimate objects, the color
and shape, often the mere existence, of which, act as an irri-
tation — damaging property; there follow altercations with
persons, which lead, in rapid sequence, to insult, to breach
of the peace, to resistance to officers, to assault and battery,
both simple and aggravated.
They are always the same acts, taking their course accord-
ing to the scheme <d premature, unpremeditated, eza^erated
reactions responding to an external irritation. Thus, too, it
becomes comprehensible that the crimes are not the result of
habitual drinking, but of occasional intoxication. Of course,
the chronic ioebnate, too, will sometimes succumb to the
acute effect at alcohol, and, when intoxicated, will commit an
assault, perhaps sooner than the usually sober workman. But
in this case, too, it is the alcoholic excess ot the evening that is
eatirelf innifficiait to produce iDtoiicktion, diiturb the adion of the wiU.
llua gndaaUy iucnasM up to the point where the utioa of the will cesaes
altogether, the state of intancation recognued in { 51 of the petuJ code.
It tMowt: 1, tlwt the ladi ol an intermediate itep between the freedom of
dednoQ and complete ceuation of the will's action ia baaed on inni£Scient
paydkologkal preliminary knowledge; £, that responsibility tor an act pw-
foriDed usdei the Jnflnence of liquor must be made exclusively dependent oo
tlie degree ot intozicstMO.
,.,,:-C00gIf
88 THE SOCIAL CAUSES OF CRIME [§ 7
the immediate cauae. To how much greater an extoit does
this apply to the numerous workmen, young clerks, and stu-
dents who, while intoxicated, commit some crime, and p^
for the exceaa of a moment with imprisonment, disgrace, and
the ruin of their whole career.
We cannot overestimate the significance of these facts for
the prophylaxis of crime, espedally in view (^ the extent to
which the crimes of alcohol, aggravated assault and batteiy in
particular, predominate. The certun knowledge of this im-
portant cause of a large group of crimes, opening up to us the
possibility of adopting really effective measures in regard to
it, is our only consolation in considering the misery produ ced
in our countiy by the custom of drinking.
§ 7. Other Fomu of Indalgenoe
With us in Germany the abuse of other luxuries is a very
small factor in criminality. Lombroso's ' assertion that the
habit of taking snuff among prostitutes and crinunals, and oi
smoking among recidivists, proves the exist^ice of an " etio-
logical tie between tobacco and crime," is without ai^ solid
foundation. When we consider the kind of p^ditJogical
^ect that tobacco has, it is di£Scult to understand how m
crime could be produced by its use. ' The same applies to tea
and coffee. Thdr effect on the processes of the mind is so
entirely different from that of alcohol, that it cannot surprise
us if no crime can be attributed even to their misuse.
In recent years, however, alcohol has had to compete in
the east of Germany with a dangerous rival, ether. After an
intoxicating effect of very short duration, ether produces a
condition of numbness and paralysis, so that it is not so Hkely
to lead to crime as alcohol. We do not as yet know what de-
generative effects it may have on the children of those viho
> Lmnbnuo, loe. at. p. 90.
L ,l,z<»i:,.,G00gIf
§7] OTHER FORMS OP INDULGEXCE 89
indulge in it, bat it is certain that its habitual use, by destroy-
ing family life and undenmnii^ the economic balance, creates
conditions that are favorable to the growth of crime. It
behooves us, therefore, to keep an eye on this sodal menace,
and to take steps to prevent the misuse of ether before it be-
comes a rooted custom.
The opium habit is t^ no importance in Germany, or any-
where in Europe, and need only be mentioned because of its
prevalence in Asia, especially in China, and the same is true
of the hasheesh habit, which is found to such an ^Ltent in
NorthemAfrica and Egypt. The effect of both is so paralyzing
on the motorial centres especially, that it is next to impossible
for the users of the drug to move about in pubUc while under
its influence, so that no danger to people in the streets can
fdlow.
Morphine has an effect ^nular to that of opium. It can
never become a national poison in the true sense, owing, for-
tonatety, to its high price. It is used mainly by educated
people, especially by those belonging to the professions in
which it is easily procurable. According to Rodet,* among
650 men addicted to its use, 287 were physicians and 21
It has this disadvantage in comparison with alcohol, that
those who are accustomed to it find it more difficult to do
without it. and very seldom succeed in breaking themselves
of the habit. The first signs of degeneration due to morphine
soon appear, — ne^ect of appearance, of family, of duty.
The desire for the drug becomes more and more irresistible,
and when the legal wi^ of procuring it, by a physician's
prescripUon, or the ill^al but easy method of purchasing it
from a druggist, tails, the victim frequently resorts to the for-
gay of a prescription, to fraud and theft, and, if it be a woman,
> AnM, "AUsemeine Wiener medmnucbe Zeituiig," 1897. No. 87.
90 THE SOCIAL CAUSES OF CBIUE [§ 8
to prostitution, in order to obtain it. When, as quite oftm
happens, the same person Is addicted to the uae of both mor>
phine and alcohol, the case is, indeed, grave.
The uae c^ cocaine is a rarer cause of crime than is the use
of morphine. When, however, cocune is responsible, it has
always led to an acute psychosis, accompanied by the haUuo-
nations that are usually produced, generally in a few nuNiths,
by indulgence in this drug for even a rdativdy sfiort time.
Such crimes must therefore — I personally have known a case
of uxoridde by a physidan — be regarded as the acts of insane
§ 8. Pnwtitntion
Proatitntion, that is, self-surrender for payment, ori^nally
instituted by priests for the honor of the divinity and the
boiefit of the temple, and later put into practical form by
statesmen like Solon, has existed in all ages and will always
continue to exist. The most ancient historical documents '
speak of it; but they also tell us — a fact that is important
for legislation — that all concavable means of repres^ng it
had already been tried. In vain! ^th the weapons of re-
gion and Christian love Louis XI of France, for instance,
attempted to abolish it altogether and founded places of refuge
for fallen women. On his return from Palestine he ordered it
to be completely exterminated. The concealed prostitution
that immediately began to flourish everywhere, however,
compelled him, before a year had elapsed, to repeal the ordef
and to assign certain streets to the use of prostitutes.
The harshest measures (flogging, the pillory, and capital
punishment) proved of no avul in repressing the evil, whidi
continued to spread and thrive only in a more secret and dan-
gerous form, and they were always given up after a time.
1 EugtH MXer, "Die Proititiitioii." J. F. 1-Am.iiii, Manieh, ISSS.
, ...... C.ooqIc
§ 8] PBOSnTUnON 91
Thus, in all countriea, legislation has oscillated between ex-
tremes, turning from the method of herding prostitutes to-
gether in barracks to alloiring them unlimited freedom, from
occasional superintendence to the strict supervision of every
individual. The tendency to respect the rights of the individ-
ual and to place them above those of sodety, on the one hand,
and, on the other, the moral fear of sanctioning the evil by
legally allowing it, have always led to the repeal of regulative
measures. This has been followed by such a spread of prosti-
tution in its most dangerous, clandestine form, that it later
became necessary to recognize and regulate it again.
We may r^ret, but we must not ignore, the fact, that the
tendency to immorality cannot be exterminated by laws.
The man who had the most extensive knowledge of prosti-
tution. Parent du Chatelet,' said that, wherever people con-
greeted, it was as unavoidable as sewers or ceas-poola. But,
because it seems to be impossible to abolish this evil, it does not
follow that it should be allowed to grow and spread in all
directions. Its repression should be strivai for as far as pos-
sible, and for that, it is essential, above all, that its daoger-
ousoess should be thoroughly understood.
We may leave the danger to health undiscussed; I will
merely mention that the annual number of cases of venereal
diseases in the German army, which is better off than that of
France or Austria in this respect, equab a third of the niunber
of men who were wounded during the Franco-Fnissiati war,'
and that in the German hospitals,* from 1889 to 1891, 4.4%
of all the patients were suffering from such diseases; that b,
almost as many as those suffering from the scourge tubercu-
■ ParnU Jm ChaieUl, "De U piortitutioD dsiu la ville de Puis," ISST.
' Tdply, "I^ TOMrischai Eiknuikutisai in den AimMn" (Ardiiv fUr
DenMbdc«i<v 1S9D).
* "MecUciniadie aUtutiBche Mittdlungen «iis <km k^beriiclum Geaund-
hcHwDit," in, p. 46.
DiailizodbvGoOgle
92 THE SOCIAL CAUSES OP CRIME [|8
Io6is (4^%). In omsidenng tbese figures, we must not over-
look the fact that only a rdatively small number of po^ons
suffering from sexual diseases (sccorduig to GattsUift. pei^
haps S%) go U^ hospitals. Important as the prevalence of
such diseases is to the physician and the sociologist, it would
take us too far afield to discuss this phase of the problem of
prostitution. But the extent to which prostitution exists and
its effect on criminality must be dealt with at length.
The number of prostitutes can scarcely be given in figures.
Those that are roistered by the police as "Eartenmlidchen,"
"Kontrdldimen," etc., represent but a small percentage,
especially in large cities. In Berlin, for instance, thtt« are
about SOOO under police supervision, but the whole number td
such women in that <nty is placed at from 40,000 to 50,000.'
Conditions are not very different elsewhere; whole armies
of girls live entirely or largely on the mtmcy they earn by
prostitution. ,
Where do all these women coote from, and what presses
them into this calling? There are two views as to this, and
th^ are rather harshly and directly opposed to eadi other.
According to the one, prostitutes are the victims. jsdt our
social conditions, which make it so di£Scult for a wtunan to
get on honestly; Bebel' and Hitsch' may be mentKMied
as its typical exponents. Lombroso and Feireio,* Tamow-
skfqa * and StrShmberg,* however, think that necessi^ pl^ra
but a small part in forcing women into prostitution. Th^
' Nmuba 173 "der trntlichen Dnidmdieii des Rodutagca," p. V3I.
* Avtud fi«M, "Die Fmu und der Soulitmiu," Stutt^rt, 1807, 27tli hL,
p. 1T«.
* HirtdL, "Vofarediai imd ^ostitntioi) «b mmle KnokbataetscftcinBii-
gai," Beriin. 1897, Th. docke.
* lominwo tmi Femro, "Da* Weib kla VabKcberin imd PioftitiAvtc."
* Taramedaffo, P^ "Etude aotlmpomitriqiie >iit lea prosthuAa et le*.
vokaaat," Pui^ 1S89; tranbated b? Kvnila, HMnbm^ ISM.
■ Strekntbtrf. "Die Prortitutiaii." Stnttgart. 1896^ Fetd. takt.
§ 8] PROSTITCTION 93
look upon the prostitute aa a degenerate, and r^ard prosti-
tution aa the equivalent of the male world of crime, the form
of criminality peculiar to women.
We cannot fail to recognize that prostitution does absorb
a considerable percentage of criminally inclined women.
Ereiy prostitute Uves without working, at the expense of
society; die corresponds in a measure to the male b^gar
and the vagabond. In a period of three years Baumgarten >
found only Si, 30, and 41 convictions among S400 prosti-
tutes, and altogether only 21 cases of theft. He accounts
for this by the prostitute's absolute lack of energy. Those
few prostitutes who make a practice of robbing, he believes-
to be, first of all, thieves who have turned to prostitution
because it affords easy opportunities of stealing from men:
Strtdunberg contrasts the prostitutes of the passive, indolent
typvvnth another group that consists of those who have some-
secondary occupation as well. But only in very rare cases-
is it honest work; generally it is thieving. Of the 46S pros-
titutes that StrOhmberg examined, 175 were thieves, of which
SS came from notorious families of thieves. His figures, which,
though dealing with small groups, are, nevertheless, note-
worthy because they are so reliable, show that prostitution is
neither a contrast nor an equivalent to crime, but rather that
the two are often united. It must, however, be admitted that
a large percentage of prostitutes, in spite of their passiveness,
would turn to crime if the possibility of living by prostitution
did not exist.
On the other hand, it cannot be denied that the oeces^ty
that sometimes makes a man a thief may as easily drive a
woman to prostitution. The low pay received by certain
classes of working women, especially waitresses, second-rate
> Baimgartai, "Die Boddumg der ProatibttkHi nun Tetbtcdten" (Aieh.
KrimAntlir. XI, 10}.
DiailizodbvGoOgle
91 THE SOCIAL CAI^ES OF CRIME [§8
' actresses, and dressmakers' assistants, makes it neceasai7
for manr a girl to supplement ber wages in some w^. But
ve must not forget that a large number are led to adopt tb«ae
dangerous occupations, instead of becoming domestic aerr-
anta, for instance, by their strong aezual impulses and tbdr
love of dress and an apparentljr comfortable life.
Just the figures that Bebd, Blaschko, and others give in
support of the view that it is poverty that drives women to
prostitution seem to me to prove the contrary. It is true that
working women, saleswomen, dressmakers, and, above all,
former domestic servants, predtHuinate, but th^ also torn
an unusually large part of the populaticm; Behrend's pcooSs
that 5.3% of all prostitutes live with their parents must make
us suspicious. These better situated women bdong to the
not inconsiderable numbo' who have not offidally turned to
prostitution, but they diff^ from the girls who are under
police supervision only in the manner in which thqr cany on
thm occupation. StrOhmbei^ found pover^ given as the
cause of prostitution only in one case, and in that particular
instance he ascertuned that it was absolutely untrue.
I would not, however, deny the significance of economic
wretchedness. Girls that come from the vety lowest proleta-
rian classes, the daughters of drunkards and prostitutes for
instance, never, of course, learn to look upon prostitution as
anything d^rading.' Still graver in its consequences is the
present custom that prevents prostitutes from being restricted
to certain locaUties. They now live, as a rule, in workingmen's
families. From their eariiest childhood onward the children
in the house see the practice of this occupation, and it is the
outward brilliance that often impresses them, rather than the
undertying misery; daily they see work, hunger, and scanty
> BtOmoHii. "Die Sntliche tltvowadttuig der Proctitmettoi." Jena. IMM^
p.iffr.
^laiiizodbvGoogle
S 8] PROSTITUTION 95
dothing in their own families in crass contrast to the life of
idleness, theatres, concerts, balls, and luxury in dress that
the prostitutes enjoy. These impressions remain and facili-
tate the first step towards vice. If, later, necessity or temp-
tation, love of adv^iture, and envy of a friend's smarter
clothes, confront a young girl, the force of habit, and knowl-
edge of the life, have dulled her sen^biUties in that direction
to such an extent that resistance is possible only to an un-
usually strong character.
This, it seems to me, is the course of development in most
cases, and on it my opinion is founded. Undoubtedly our
social conditions — miserable economic circumstances and the
fact that prostitutes are not restricted to certain localities —
are the cause of prostitution, but these factors are effective
only when descent and training, and, above aU, natural dis-
position, prepare the ground for them. And natural disposi-
tion or temperament is, indeed, of the most importance;
not so much, pronounced sexual instincts, for just among
prostitutes they are often lacking, but general inferiority of
the mind. "In many cases prostitution is to be regarded
solely as a ^rmptom of a defective psychic condition," says
Bonhifffer,' who, among 180 prostitutes, found that only one-
third were without psychic anomalies. Just as the weak are
tbe first victims of great epidemics, so, too, in the struf^le for
existence, it is the many defective natures that first sink into
tbe morass of prostitution.
There are next to no statistics regarding the share that
prostitutes have in crinunality. Offenses against police ordi-
nances are not included in our criminal statistics. Th^ are
the torment of our lower courts. It is not rare for the
same prostitute to be sentenced 50 times and more, accord-
> BankUfftr, "Frortituierte" (ZStW. XXm, 119).
V.'.OOgIf
96 THE SOCIAL CAUSES OF CBIME [§8
ing to the strictness of the supervision and bar own skill
in evading it. An accumulation of c^enses from time to
time results in her being turned over to the hi^^ur court.
This means a sojourn in the workhouse for a poiod that is
increased by three or sii months at every subsequent convic-
tion by this court, but, on reguning her liberty, she immedi*
ately returns to her former life.
Two factors that are inseparable from prostitution are
larg^ instrumental in causing her relapse — the traffic
in prostitutes and the activity of the men who live
on the MrningH of prostitutcs, conunonly known as pan-
derers or cadets. Section 180 of our Penal Code b prob-
ably quite unique. The renting of rooms to prostitutes is
dassed as traffic in prostitutes; none the less, all prostitutes
must have dwellings somewhere, or, if th^ carry on thdr
occupation away from home, they must have at least a lodg-
ing. As has been mentioned, about 3000 prostitutes are offi-
cially known to the police in Beriin. who also know where
and in whose houses they live. This fact must somehow be
reconciled to another, that for some years past in Germany
the number of convictions for traffic in prostitutes has never
exceeded 4000 annually, in the whole country! In all the larger
dties, and often, too, in smaller towns, — I need name cmly
Hambuig, Altona, Kiel, Colc^ne, Miunz, Strassburg, Heidd-
be^, Mannheim, Karlsruhe, Freibuig, Nuremberg, Municb,
Leipzig, Diesd^i, Halle, and Magdeburg, — there exist
official brothels known to the police as such, — often, in fact,
whole streets of brothels. The fine distinction that bestows
the name of brothel in the "technical police sense" only oo
those houses that are licensed to sell liquor, that have a com-
mon entertainment room, and in which the proprietor wrings
lai^ profits from the prostitutes, has no existence in reali^.
With or without a license, the keepers of such bouses sdl
, .■.,...Cooglc
§ 81 PROSTITDTION 97
wine and spirits, and, with or without a concession, th^
treat the girls like slaves.
The actual meaning of "Euppelei" is tersely contuned in
the simple definition, "affording the opportimity tor prosU-
tution"; do the authorities then know nothing of the way in
which the prostitutes are looted and robbed by the extor-
tionate methods of their landladies? Whether they live in
txHumon dwellings or alone, it is only the owner of the house
that profits by their occupation, and, as a rule, the prostitute
leaves the brothel poorer than when she Altered it. But this
does not pronounce the death sentence of the brothel, for the
prostitute who lives alone suffers even worse treatment,
as she b robbed by both the landlady and her "cadet."
It can safely be asserted that there is no more abominable
form of crime than that practised by these men who act as
go-betweens for prostitutes. It is inseparable from clandes-
tine prostitution, and, at the same time, b very difficult for
criminal justice to get hold of. Every judge will confirm the
fact that many obstacles intervene to prevent conviction for
thb offense; partly because of her affection, partly because
ot her loyalty, but mainly because of her fear, it is not easily
possible to induce a prostitute to testify against such a man,
and it b not rare for her to commit perjury in order to get
him out of hb difficulty. In many cases, especially at the
h^inning of their career, prostitutes might turn to some other
mode of life, were it not for their unfortunate dependence on
theseso-called "protectors." The extent of their other crimes,
robbing the mm who visit tJieir prostitutes, and assaults with
and without dangerous weapons, b beyond exact knowledge,
for we are seldom able to recognize officially such a ponderer
in the man who b arrested for some other offense.
All these dangers to society thrive the more rankly, the
stricter the police b in its repression of all houses resembling
98 THE SOCIAL CAUSES OP CBIME [§ 8
brothds, — for the proatitates are thus driven into the hidden
conma.of the d^, into the low public-houses, and the public
parks, — and the more the fear td arrest causes them to draw
the v^ of night over their dark doings, lliere is only <x>e
evil that it is di£ScuIt to separate from the brothel system,
and that is the traffic in prostitutes. And yet the best remedy,
even for this, is an ^cient system of segregation. If , as in
Bremen, it is made imposmble for keepers of brothels, and
lodgings for prostitutes, to ovocharge and rob these wtHoen.
the traffic in prostitutes becomes unprofitable, and thus the
chief motive is removed.
There is also less temptstioo (or pros titut es in brothds to
rob the men who visit tbem. In many cases no complaint is
made if a theft is committed by a prostitute, as the victini
would rather suffer his loss than allow the matter to become
public. The same is tnie <4 the not infrequent attempts
to blackmail, of threats to sue for maintenance, or of de-
Dundation for attempting to procure abortion, and also
of the carefully planned scenes in whtdi tbe pretended
husband discovers the pair and has to be pacified with
mon^. But where there are well-supervised brotheb, the
danger of such crimes is greatly diminished. The improve-
ment of the sorry conditions under which, owing to the treat-
ment they receive, prostitutes now live will also contribute
to greater legal security.
It is well known that there is a movem^it on foot to abtJish
brothels, and, indeed, to put an end to all state supo^ision.
The reasons for this so-called "abolitionist movement"
are entirely tA a sentimental nature; greatly as we admire
its ideal tendency, we must none the less deplore th& com-
plete lack of understanding of the matter that its advocates
manifest.
The abcdition of prostitution, as history dows, cannot be
I _
§ 8] PROSTITUTION 99
accomplished. Its dangers, especially for pabUc health and
the morality of the people, are so great that the State is bound
to keep, within eertun limits, the evil that it cannot extermi-
nate. Measures adopted to this end have as little to do with
the approval or support of prostitution as the legal steps taken
to repress crime have to do with its recognition as a pro-
fession. But, even if this were not so, we might point to such
examples as Solon, Louis the Saint, the Tapes ^ Benedict IX,
Paid n, Sixtus IV, Julius 11, Leo X, and St. Augustin. If it
were posdble to put an end to prostitution, its sufferance
and r^tdation by the State would certainly undermine ^e
morals of the people. Now, however, the State does not
countenance prostitution (§ 180), though it does recognize
it through the penal law and police ordinances (g 361, 6).
It provides a penal^ for an offense that it can and will prose-
cute only in veiy rare cases. This undoubtedly works greater
hann to the people's sense of right and justice than would a
statute, any offense against which would be energetically
followed up and punished.
Advantages to be guned by the institution of brothels,
or, better, the barrack system now used in Bremen, are the
protection of the pubUc health, the removal of the prostitutes
from the streets and public places, and the diminution of public
scandal that would thus be attained. Above all, if certain
houses and streets are set apart for prostitutes and made
subject to State supervision, especially if the paragraphs
relating to traffic in prostitutes are made severer, thus pre-
venting the plundering and overcharging of prostitutes, the
business of the procurer will be practically done away with,
and that is a braefit to which public l^al security is certainly
entitled.
' Krautt, loe. «d. p. <TT.
DiailizodbvGoOgle
100 THE SOCIAL CAI^ES OF CRIME [§9
^ § 9. OmDUing and Bnpentituii
Gambling is of comparatively slight criminal significance
with us in German;. The numba of those who ruin themselves
by games of chance is not lai^ in proportion to the total
criminality. It is mudi greater in countries like Austria and
Italy, where even the poorest persons take part in the so-called
"little lotteiy." Though it is difficult to determine accu-
rately the number of thefts and embezzlements that are ^-
directly due to the passion for gambling, and the losses it
entuls, yet it can scarcely be doubted that there is a connec-
tion between the two. The hope of escaping from all finatwial
care by one lucky stroke, which feeds the passion for gambling
of many an educated man and many an officer, and which'
eventually brings about their downfall^ must of conise become
the more enticing the lower the dassea of the pc^ulaticm are
that engage in gambling. The feverish excitement with which
in Italy evei7one wiuts for the numbers to be drawn each week,
is a very grave dgn in the eyes of the sociologist, and. if he
observes the figures of those who venture their last few oMna
on this hazard, he will not undoestimate the temptation to
dishonesty. In addition, superstition has no stnmger sii[^KHt
than the passion for gambling. Not a few persons in Italy
live by prophesying the outcome <^ the lotteiy and giving
advice in regard to it.
For a numb^ of years the tendency to gamble, and the
deceptive hope of winning great g^ns easily, have been in- -
creasing to an undesirable extent. It is just as impossible to
ascertain the large sums that are gambled awi^ at the races
as it is to determine the number of thefts and frauds that
are committed to provide money with which to bet on the
horses. It has been attempted to prevent aD these doings
by cloring the betting-rooms, but with doubtful success. In
S 9] GAMBLING AND SUPEBSTITION 101
spite of all ^orts, it has not been posaible, up to now, to pre-
vent the activity of the bookmakers, and the Dumeiy of the
poor and the youthful will continue to find its way to them.
I cannot help fearing that this opens up a new and plenteoua
source of crime, with which we shall have to reckon in future.
Superstition ceases to play a part in the commission of
Crimea as soon as the average education of a people has reached
a certun height, though it may still occasionally happen that
a shrewd fellow takes advantage of a simple-minded person's
superstition, espeinally in the sphere of religion. I do not
fail to recognize what Hans Gross in particular has done for
our knowledge in tracing certun crimes to a superstitious
source. It certainly sometimes ^ves us the key to otherwise
incomprehensible crimes, and oftener enables us to interpret
some of their attendant phenomena. But, fortunately, such
cases are rare. I do not think that we shall often meet, hence-
forward, in cultured countries with crimes that are based on
superstition, except, of course, those committed by insane
persons. In Kussia, however, judging by LSwenstinyn's * in-
vestigations, the number of offanses that are due to the belief
in witches is greater. He mentions the sacrifice of human
b^ngs in times of famine and pestilence, the murderof magi-
cians and witches, and of children with physical defomuties
(changelings), the opening of graves for the purpose of ob-
taining talismen and to prevent the return of vampires, the
r^>e of innocent girls, and sodomy commi(led in order to cure
goncrrliaea.
In Italy, too. especially in the southern provinces, super-
stition prevails even in the very highest classes. Bulls' horns,
amulets, mystic signs, such as the extension of the index and
little fingers ("gettatura"), used to ward off the evil eye
> L avauH mm, " Abw^ube uod Strafrecht." Beriin. 1887. JoliMinM Ittde;
lAw«u(MHi, "Der nuwtimiai i3a Quelle der VerbiedMn." Beriin, IBVft.
. Cooglf
102 THE SOCIAL CADSES OF CBIHE [§ 10
("mal* ocdiio**)>* ^^t indeed, harmless evidences trf supenti-
tioD, but they prove how IHUe enlightened the aoutbem Ital-
ians in general are.
Many a puzzling penal offense is probably rooted in 9I^)er-
stitious ideas. Gradually, aa the people become more enli^t-
ened, this danger will grow less. Yet we reaUy have no reason
to look down too haughtily on Russia and Italy. The r^ret-
table tact that even so-called educated pec^le allowed them-
sdves to be decaved in the most brazen manner by the
spiritistic Sower medium, Mrs. Bothe, the ignorant wife of a
tinker, shows how de^ty rooted the inclination to superstitjon
is. We should also be preso-ved from over-estimation of oar-
selves when we recall the hundreds of Uiousands of lives that
were sacrificed in the persecutions d witches, the last ot iriiich
was not longer ago, in Germany, than the end tA the ITOCte;
whQe, in Mexico, such persecuticais continued vp to the end
oS the ISOOs.
g 10. lecoKimie and SoeUl Oonditioit
The man who stands on a hei^t to view a landscape can
discern the character of the countiy. the portions of the
mountains and valleys, more clearly than one who, standing
in the valley, finds the distant view shut off. So, too, a ^ance
backwards over many years discloses the heights and depths
of social life, and penetrates to their causes more easQy and
distinctly than can the constderatjon of a sin^e year.
The last twenty years of German criminality are espedally
suitable for such an analysis, because no transfiguring up-
heavats have taken place; the years having been marked by
a great economic and cultural advance. Yet, notwithstand-
' It ia told opoilf ID Borne tliat piom It&Gaiuw while th«7 were being birred
by Pope Kua IX, who wm ntppowd to have the "«v3 ty*," naed to DMb the
■gn «( the "gettatuia" behind tbdr badul
_.,i,zt!dbvGoogIe
§10]
ECONOMIC AND SOCIAL CONDITION
i'i
:
c iSjssSaE-'
§
m
's sisssssi-'
1
i
= » 1 !! S 6 S S S li S -
1
1
as g38S$£sS§*
i
i
S» JSSSSgSt'^-
i
!
! B 5 » 5 S S 58 i = =
1
1
= e gsjasiKl-**
1
1
= S g 1 S S S I s S = =
3
i
as jSjssssS^'
1
i
as sasssss*-''
i
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'.. iii = ,i^-i'-'
i
1
5 8 B J S S J 8 S 3 = =
1
i
-s saassass-^
3
i
"» cssssjss-'
S
1
3a a. a as; a>^:
1
1
= a J a a . t s a a = '
1
1
Sj gaaaaaas^*'
i
1
- a a a g a a a a 3 - -
i
1
Sa asaasaaa-"^
1
i
Sj 1 a a a a 1 6 a = 5
1
1
■^J aaasajaa^'
1
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Ss S = 81S|8S-'
1
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8 ;
1
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iMuiiiill
1
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t!^--
104 THE SOCIAL CAUSES OF CBIME [§ 10
ing, ihe number of convicted persona has beat steadHy increaa-
ing every year, even allowing for the growth (A the populatitNi.
New legislation ia but very sli^tly responsible for this. The
chief changes are found just in those crimes that, by tiuar
frequency, determine the whole aspect (A the subject.
In looking over the most important crimes, the principa]
statistics rdating to which are given in part in TaUe ^Tlf,
we notice four types of frequcauy. Some Crimes occur almost
equal^ often. Such are, for instance: false accusation, im^st,
sodomy, crioiinal n^fligence resulting in manslaughter^ rob-
bery and extortion, ill^^ imprisonment. Others, like usory,
perjuiy, murder, and infanticide, evading military servioe.
crimes and offenses in office decrease; they shed ra^ of hght,
especially when contrasted with the gloomy picture that the
third group presents. It consists, apart from a few offenses
which have for their object the procuring of certain ad-
vantages in connection with proper^ (fraud and forgery), of
crimes of violence, aiding prisoners to escape, relating an
officer, breach of the peace, indecent offenses, simple and
aggravated assault and battery, r^>e, insult, and malicious
mischief. All these crimes are increa^ng from year to year,
some of them at a positively alarniJTig rate.
Finally, in the fourth group of c^enses I indude tlioae that
show the greatest variation in frequency. The causes of this
are multifarious. Thus, for instance, the numerous misdeeds
of "procurers" called forth such an outcry agunst these
wretched fellows that the cotuis found it expedient to proceed
against them with somewhat greater severi^; unfortoQ^ely
this energy seems to be ev^mraling already. ^"^
Tense political conditions increase temporarily the umnber
of convictions for "Use-majesty," the "year erf attacks," 1878,
in which the number of i»osecutions for this offense increased
thirteenfold, b particularly well r^nembered. "nteM [»ose-
, ,.,,. ..C.oo'ilc
§ 10] ECONOMIC AND SOCIAL CONDITION 105
cutiona took place, not, of course, because the desire to insult
the aovereigii grew 90 marvelousty, but because the " criminal
irritability of the public," as Seuffert ' calls this supersensi-
tiveness, and, we might add, of the courts, in such a period
of political excitement, saw some danger to the State lurking
behind every reckless remark.
The extent to which external circumstances sometimes in-
fluence criminality ha^ been shown by Seuffert in the statia*
tics of causing fires by negligence. During the years 1892-
1899 from 1.5 to 2.1 persons per 100,000 adults were convicted
of this offense. The only exceptions were the yeai^ 1892 with
8.3 and 1893 with S.2 convictions. From the publications
of the Royal Prussian Meteorological Institute, Seuffert was
able to ascertain that these two years were particularly dry
nearly everywhere. This would, of course, increase the danger
of starting fires by carelessness.
More important than all these relatively rare crimes are the
convictions for theft. Their fluctuations weigh the more
heavily because the frequency of this offense is rivaled only
by that of a^ravated assault and battery. How important
the variation in the different years is, appears in the (act that
the number of convictions for this crime and for embezzle-
ment m 1892 exceeded that of 1888 by 28,409. It is impossible
that in four years about 80,000 persons can have so deteri-
orated moraUy that without weighty external reasons they
turn to crime. The sudden return to honesty is almost more
striking, for, in the following year, the number of persons
convicted of theft decreased-by 14,7$7. What causes these
fluctuations?
Theft is the appropriation of others' property, that for some
reason rouses the desire for possession in the person who com*
mits the offense. If a man's material circumstances allow him
' Seuffert, toe. cif. p. 31.
L ,l,z<»i:,.,G00gIf
106 THE SOCIAL CAUSES OF CBIME [$ 10
to gntify all bis wishes, he wiD scarcdy yidd to the tempt»-
tioD to take what bdongs to anotho'. But this is not the case
with the poor man, vho. in times of need and hi^ier cost <d
living, suffers from a lade of eveiything.
Tie mode of life <^ our working classes is by no meuu i»a(v
tical and economical. The money that is spent in the puUic-
boiue would be far better laid out for food, for largei and airier
dwellings, or put by tor times of emergency. But we most
reckon with this, just as with the fact that illness and mis-
fortune may reduce even the most industrious wcwkman to '
beggary. Moreover, it is true that a laige part of the p<qNila-
tion never earns more than mough tor the necessaries of life, ,
even in times of prospmty. Eveiy increase in the cost oi
living must therefore make the conditions of life more di£Scalt,
and this is felt the more keenly, the doser the family lives
to the Tpinimum cost of existence; hunger and misery lomiung
ahead wiD unsettle even the firmest principles.
Attempts to prove Ihia by statistics are not laddng. 111118,
von Mayr,^ afto* comparing the fluctuation in the offenses
agunst prcq)erty and in the price of grun, came to the fol-
lowing condusion: "In the penod from 18S5 to 1861, in the
Bavarian territory this side (A the Bhine, about evny half
groschen added to the price of grun called forth one theft
more per 100,000 inhabitants, while every half grosdien that
grain dedined in price prevented one theft."
This comparison is based on the assumption that the eco-
nomic conditions that prevail in a given year are indicated hy
the price of grain. This baa always been assumed, until, re-
cently, Heinrich MliUa*,* under the guidance of Conrad, has
■ fOK Jf^r, "Die Gcwtimllari^eit im GeaeUtdufUlebM,'' Hmuch. 1877,
jogea tlbcr die Bew^img der finmiiMfiUt
E mit dea wirtacfMfUichen VafaihaiiMa." L^.
§ 10] ECONOMIC AND SOCIAL CONDITION 107
tried U> ebaw that the economic dgnificance of the piice ot
grain in the production of crime has disappeared. Instead, he
contends, the genend industrial situation is becoming of more
and more importance in its effect on the status ot criminality.
It may readily be admitted that, in times of industrial pros-
perity, wages rise, and the workman has more to spend for
food; this rise in wages may even balance an increase in the
price ot bread, just as the latter b more disastrous in its con-
sequences in times of dullness ^nd lack of employment.
Hence the attempt of Fomasari di Verce ^ to consider the
status of industry, and the fluctuations in the cost of food, in
rdation to each otho*, is worthy of special note. He calculates
bow many hours of labor in each year, at an average wage,
are necessary to buy a certain amount of grain (100 kg.).
The comparison of these figures with the number of simple
and aggravated thefts for the years 1875 to 1885 showed a
distinct parallel between the two. Eurdla' found the same
result for the years 1880 to 1888.
It is, unfortunately, not alw^s possible to make these
comparisons; I have tried in vain to obtain the necessary
figures for Germany, The "Zentralblatt fflr das Deutsche
Seich" publishes wage-tables, but th^ cover too short a
period of time and, in addition, show tremendous local differ*
ences. Consequently it is impossible to use them for this
purpose, unless the comparison be made only for very smaU
districts, when the smallness of the figures would greatly
detract from the usefulness of the result.
Ilie objections that Mtlller has raised to the adoption of
food prices as a measure of prosperity might make further
consideration of the relation between the two seem saper-
' Fonatari di Vane, "Ia criminaliti e le vioende economidM d'lta&a."
■ KitnUa, "Der neue ZoUtmrif nnd die Lebenihaltung de* Arbeitcf^"
Bcriin, lOOS, Jolitu Springer, p. S7.
.OO^lf
108
THE SOCIAL CAUSES OF CBDIE
[§10
fluous. If the ration between tlte economic aituation and
theft were indistinct, we might, indeed, dispense with a further
discusdon <d this question. But we shall see that this is not
TABLE XX
EomoMto SnvATioK j
(After L«b^ne: "Ke i
a Cbuhuutt di Fraxcx
u Zrit" IBM; pp. M. ai.)
,„
s
nil
SS
Fura
_
2s;
-SSJTJ-
IWo.
Pu«>
Amu*
Cmilmw>
IBM
VTM
1S;5S1
1*14
1186
1628
157
884
ISll
OtM
17.877
IC97
1177
1765
181
881
18U
BSM
18,383
U70
1282
1669
1«1
306
18M
BSM
1^900
1999
1869
1771
180
338
ISM
W.H
«,010
1804
1899
1618
IW
392
I8«
»JS
«0,63S
1407
1316
1668
196
874
ISM
m.M
24.753
148S
1544
1696
145
3T9
1S4T
M.5S
81.586
1883
1698
1688
141
374
ists
41.M,
20,120
1894
1360
161S
164
868
1S4B
MJI
22.070
1375
1450
8015
288
4ff7
ISM
43.54
23,121
1475
1651
81M
254
584
ISSl
43.47
84.516
1652
1658
2161
248
616
isn
52.15
28,090
1980
1997
2018
228
611
186S
67.12
83.940
8284
2204
1921
218
573
1S54
87.86
89.4S4
26£»
2420
1681
174
581
ISU
M.B4
57,883
2738
2471
1618
160
588
ISM
91.16
36,848
8510
8669
1708
181
650
1857
67.02
85,737
8703
8690
1657
188
617
186S
48.10
28,374
2780
2501
1947
838
784
IBM
M.91
87,792
8666
2542
1851
826
718
1860
5I>.«0
30,331
S12S
8680
1607
180
650
1861
75.42
82,729
8524
es50
1896
817
698
186i
65.es
82.181
8842
2029
1762
813
788
1863
59.81
89.155
8431
2655
1673
171
750
the case. Mcweover, special emphasis must be given to the
fact that at present the price of bread turns the scales, as
regards the workman's expenses.
J.,r,l,z<»i:,.,G00gIf
§ 10] ECONOMIC AND SOCIAL CONDITION 109
llie oonsmnptioD of bread is iinusua% la^e in the irorkiiig
classes. According to Max May's ^ workm^i's housekeeping
plans the total annual expenditure for this necessaiy article
TABLE "SS.— Continued
EcoHOHic SmjATiON AMD CanfiHiuxT ik Fsancs
(After Labiguei "Die neue Zeit," 1890. pp. tO, 21.)
|1
Irdkeht
A»DI.TI
Tiui
Snou
TlVT
PutJD
SSt
SSS
AnlUrior
lilJ
P^am
Ihu>ai
Ann™
C«uu>
18M
61.43
SS.S40
8341
2782
1703
179
764
1805
49.60
88,078
e4S2
esis
1750
178
880
1S08
eo.sa
M.62S
e4ee
2790
1777
160
889
1887
80.92
83.097
esoe
3143
1704
124
805
1868
8i.ee
86.036
2900
8188
1697
161
726
ISM
88.10
81,618
e760
8292
1668
146
710
1870
SS.S1
M,S31
lees
1563
1297
54
568
I8T1
8B.JB
e7.66e
1684
19ie
1661
112
526
187S
7e.M
84.061
2705
SllO
1869
184
682
18T3
7«.9e
ss.a8»
2913
3390
1708
97
783
1874
71.10
84,170
3008
3079
1731
139
825
187*
67.08
80,080
2880
8182
1763
140
813
1876
61.81
81.781
2710
3196
1849
140
875
1»77
68.78
33,361
2968
3300
1663
108
804
1878
67.82
81.802
2846
3888
1614
84
788
1879
«8.76
8fc»48
2997
3408
1677
180
812
ISSO
65.00
37.020
8445
8621
1618
80
676
1B81
65.B4
86,757
8674
3747
1608
90
718
1882
68.87
86,880
S4S4
3679
1660
95
752
1B88
59.S6
36,950
3449
3796
1582
108
675
1884
61.11
86,845
3281
3646
1029
88
705
1885
4S.4S
S4.2SS
8678
3679
1518
65
022
1886
M.M
34,457
3506
3824
1607
78
634
is more than a sixth of the workman's whole income. The
price ot bread, however, does not depend on the excellence
I Max Man. "Wic der Arbdter lebt." Berlin. 1897.
110 THE SOCIAL CAUSES OF CKOIE [§ 10
of the grain crop, but on the bourse, u Hirschberg > has
shown. Consequently, every increase in tlie price of grain
must affect sev^ely just that part of the populatum that
stands lowest in the economic scale.
As a staudaid by which to measure the price of food. La-
fargue' adopted the price of a sack of flour weighing 150 kg.,
which was fixed by the municipal authorities, in this case in
Paris, and was entered in the ftumiAl records of the baking*^
trade. A comparison of the figures shows that everj^ rise .in
the price of bread was followed by an increase in the number a r
of thefts, embezzlements, and frauds, while a decline in tj^
price lessened the number of crimes (Table XX).
German statistics also show the close rdation between the
fluctuations in the cost of grain and the number of thefts
CTable XXI). It is true, however, that both in France and
Germaiqr it is not the absolute height of the prices that is
decisive, but their rise and fall, llie year 1882, for instance,
shows the highest percentage of thefts in the last 17 years,
viiile the price of lye, in the same year, was moderate. It
was very high, however, during 1880 and I8SI, and the ^ect
was still felt, or rather fiist felt, in 1882. The same OMidi-
tions are noticeable in the following years. The hi^^iest and
lowest points touched by the price of grain do not occur simul-
taneously with the highest and lowest number of thefts; the
^ect of the former is not felt till a year later (Hate IV}.*
This is partly due to an ^:temal cause, idiich Albert Mey^*
> C. BinMitrg. "Cmndi Jmlubacher 18M," m Folg^ XVI^ p. CSS.
CoaipMc abo the Gguiea in 1U>le XXL
< PatJ£<^arpia, "DkEimdnaUutbFnnkreiclL Dntenadniiigai aber
ilue Entwii^iing uod ihre Unachen. IHe neue Zeit," 1890^ p. 90.
■ Bongtr givci • very iimilar table tor the Netheriuuk b "CrimiiMliU et
oonditkiia tewaimquei" (Amsteidaiii, 1006, p. BS3), > wc«k tint alio coo-
Uiu iDMiy valuable statiitict relatisg to the nine inoblem.
* ABmi Uegtr, "Die V«ibrech«i ii " ~
f>4inftlw4ini imrt nnrinlm VrrliMUiiiwi ii im If-B fcnn 7Mrin\"'l -Tt
Giwtev nadier. p. 91.
5 101 ECONOMIC AND SOCIAL CONDITION
TABLE XXI
Grain Pbicbb amd Cbdiikaijtt in Gebiunt
I
I
«
*
B
aVmum
DiBwu>
Pn lOO.OM Cmuun o»
rwnom CmmoTD or
h
KB
Yb*m
Hi
s
II;
Hun
Huu
Muu
|b.
Jju
III
l§'l
18M
187.9
1881
196.2
less
158.8
887
38
27
884
IB8S
144.7
879
33
25
871
1884
143.8
869
S3
24
875
188S
140.0
249
37
23
256
1880
iso.e
eo.B
1S1.8
844
21
259
1887
ieo.9
20.68
164.4
231
28
21
868
1888
lS4Ji
81.22
172.2
825
27
21
255
ISSfl
1SS.5
24.69
187.7
844
31
28
881
ISM
170.0
27.18
195.4
«S7
S8
28
806
I8>1
211.2
81.66
224.2
249
S8
28
806
1888
176J
«9.52
176.4
272
38
26
883
IBM
1S3.7
21.B9
151.5
836
34
28
876
18M
117.8
80.43
136.1
281
S5
22
889
IBM
119.8
80.68
148.5
824
32
21
878
1896
118.8
80.93
156.2
816
88
20
871
1897
1S0.1
22.30
178.7
no
SI
19
8S7
1886
146.8
BS.lfi
185.6
824
S3
20
893
1899
146.0
24.81
16B.3
810
81
19
879
1900
142.6
32.96
151.8
818
80
19
890
1901
170.7
24.83
16S.6
883
83
IB
284
1902
144.2
24.21
169.1
228
86
80
1909
132.3
28.88
161,1
214
84
19
1904
1SS.1
2S.S0
174.4
887
S2
18
190S
151.9
24.90
174,8
205
82
18
1900
ieo.e
27.06
179,6
210
is
19
1907
198.2
S0.S2
206.3
809
85
19
1908
186Jf
SI.78
211.8
8X8
44
80
1909
176JJ
80.81
2SS.9
814
4S
80
Price <A rye: "Stat- Jalubnch Dentadiea Bekh," 1900, p. 268; IbU,
190s; p. IBS.
Etc bread: "Etrtcr: Sondenbdrnck atu dem WSrteibncfa der Volk*-
wirtKhBft,"]etw.igiO.
Youthful offendert: "Stat, dci Deutschen R. B.," 8S7, 11, 8.
Tlieft, KCMTing sbAea goods: Ibid., U, 6.
,.,,:-C00gIf
THE SOCIAL CAUSES OF CBDIE IS 10
PLATE IV
Taan and Gruh Ptaam bdkx I88f
- Price of 1000 kg. lye in Beitin.
- ftioe of l-]dk) loaf of rye hickd in Beriin.
- fiinylethefl of youthful ogmden to lOOiOOO of the totol pn j i q ktin a.
- Simple theft, kbo when repealed, lo 100.000 inhabUuiti of poniafa-
ableac*-
3,a,l,zt!dbvG00gIf
§ 10] ECONOMIC AND SOCIAL CONDITION 113
has already pointed out. A lai^ proporUon of the thefts
committed in the early winter months do not come before
the comts until the following year, and our statistics generally
record crimes, not according to the year in which they were
committed, but according to the date when the cases were
disposed of. Of still greater importance, it seems to me, is
the e^lanstion, first given, I believe, by von Mayr ' and also
accepted by Hermann Berg,' that the retail prioe is not imme-
diately affected by the wholesale price; even when the price
falls, the pressure in the economic situation is not at once
relieved, any more than a calamity ia instantly brought about
by a rise in the price.
MliUer has entirely overiooked the tact that the effect is
thus delayed. This is the only explanation of his considering
the increase in the number of convictions in 1892, in spite of
the fall in the price of grun, "a distinct proof that no connec-
tion exists between criminality and the price of grun." The
connection is not such a mechanical, automatically regulated
one as von M^r's remarks (p. 106) mi^t, probably unin-
tentionally, make it appear. The range of price alone is not
determinative. Indeed, without affecting the importance of
what has already been said, we can admit that in future the
price of bread, in comparison with all the other economic
factorSi will lose something of its significance. Nothing could
show more clearly that Muller's doubt of the value of tlie
price of grain as a measure of the economic situation is un-
necessary, than the fact that for a period of twenty years
theft and the price of bread have aaiy twice, and then but
I Km May, "SUtisUk der gerichtlicheii Poluei iio Kfioigitieh Bayem mid
amgta anderen iJlodcni," Mnnicfa, 1S6T, p. 100.
* Heraumn Berg, "Getreid^reiBe und KrinunallUt in D«utacUaiid wit
H." AbhAodlimgca dea IrriminwliititrhfTi Senunwa Beriin, N. P. I., ted
A. Beriiii. 190S. J. Guttentog.
^iailizodbyGoOgle
114 THE SOCIAL CAUSES OP CRDfE [§ 10
sli^tly, deviated fioin the regular paralldism of rise and
But tlie establishment ot this fact is not enou^ to answer
our inquiiy into the deepest cause <4 this social phenomenoD.
The conduaiim that every theft is an act of deq>CTatioB
brou^t about b; starvation and cold vould be cntiieij
wrong. The thefts committed b^ mm. and they are four-
fifths of the total number, are sddom of articles that would
serve to ^pease hunger or provide protection agunst the
cdd. More inqnrtant than absolute need, is the iDabilit7
to ad£4>t oneself to changed conditions. Whoever is accus-
tomed to spend a good deal on amosanent cannot easily
^ve up doing so when times are hard. The more a man
earns, the greater aie his demands in respect to his dwdling.
clothing, and food, and the more he spends for amusements
of all kinds, in clubs, and for alcoholic drinks. In fact, ex-
perience shows that, unfortunately, the sum spoit on neces*
saries is less influenced by prosperity than that spent on
superfluous pleasures. If wages suddenly decrease, or if,
in consequence (A a rise in the price of food, a larger prcqmr-
tion of the inconw is clumed by the necessaries of life, the
working man, who is the first to suffer under this, does not
at once give up his membership in the athletic dub, the
choral society, the amusement and political dobs to iriiich
he belongs, neither does he reduce the amount that he is
accustomed to spend on Sunday for beer and other drinks.
In so far I entirely agree with von Rohden,* when, on the
ground of his experience as a prison chapliun, he pnAests
' In order to kvoid any mMundewUnding, I wiih ««pedalty to rmphniar
tlut MUllcr, too, Bharei tlic general (^Hiiion that the conduct of the pt^rulatiaB,
eqtedaUy of the woiking dan, aa regardi the lawa, ia regolaled bj Um eoo-
H RohdM, "Voa den KMoalen Ifothtcn des Veriwedma" ( Zrilnhitt
L. vn, p. smy
J.,:,l,z<»i:,.,G00gIf
§ 10] ECONOMIC AND SOCIAL CONDITION 115
against eveiy tbett's being traced back to poverty as its caose.
But it means that the situation is altogether misunderstood,
when poverty and need are completely rejected as causes of
crime, a course followed by the "Rheinisch-WestfKlische
GefSngnisgesellschatt" ^ at its seventy-sixth annual meeting.
If we understand the word "need" in a somewhat wider,
less literal sense, the connection immediately becomes clear
and comprehensible. It is not the lack of the most necessary
things, but the inability to give up habits acquired in times
of prosperity, that makes the man prone to yield to tempta-
tion. And this danger of yielding is even greater if those who
feel the pinch of poverty look on life's pleasures with imma-
ture eyes. The number of youthful offenders convicted of
theft teaches us that. In their case, the increase in the number
<^ thefts that corresponds to the rise in prices is more pro-
nounced than in the case of the whole population, while the
decrease is not so great as among the adults. Young people
have relatively larger incomes than mature workmen, for veiy
tew of them stint themselves by contributing to the support
of the family. When wages are reduced, or prices rise, these
youths of unformed character find they must for^o certain
pleasures, and are soon assiuled by the temptation to lay hands
on what does not belong to them.
Dishonesty is a remarkably sen^tive indicator of the eco-
nomic situation. This is shown by the geographical distri-
bution of thefts, and is demonstrated anew every winter by
the ^ect of the greater difficulty of maintaining life, and,
above aU, it b proved by the tremendous variation in different
years, and its dependence on the cost of provisions. People
of means, it is true, are not affected by economic distress, '
at least not in a way that would bring about any considerable
: in criminality; but it does strike hard at the poor
< (MSchrKiimFlycb' L 71^-)
L ,l,z<»i:,.,G00gIf
116 THE SOCIAL CAUSES OF CBIHE [§ 10
who live from hand to mouth. That the man wHhoat means
is not at once heroic enou^ to sacrifice to the necessity of the
time all his pleasures, is veiy regrettable; but it is comprehen-
sible enough, espedally when all enjoyable free pteasnres
are lacking.
Receiving stolen goods is the sister offense tA theft, and
it, too, follows ctosely the fluctuations in the price oS food.
But the connection between the two is indirect. For eveiy-
thing that he steab, unless it be money or something for his
own immediate use, the thief requires a recaver .
^_^ Of much greater interest are the convictions for fraud and
embexzlranent. Older statistical reports showed a c<HUiectioa
between these crimes and the price of grain, but figures in
Germany indicate that, wilii slight fluctuations, the frequent^
of these crimes has been steadily increasing ^ce 18Kt. As
has already been pointed out, more convictions for fraud occar •
in winter, and the nmnber falls again in spring, a proof that*
decreased receipts are a fruitful s ource of auch tran^r easions.
The apparent contradiction that lies in the fact that, thou^
these crimes are so deeply affected by economic neoessi^,
they are not influenced by the price of food, is not ineKfJi-
cable. I believe that Berg's^ explanation is the true <Mie:
"Fraud thrives in particular in the noise and bustle ot com-
mensal life, where everyone jostles his neighbor in the struggle
tor gun. The intricacies of trade and commerce oSa tbe
best opportunity for deception and falsification, and also the
best means of avoiding discovery."
This agrees perfectly with what we learn from a compatisoo
of occupations and crimes. Only 10.9% of tbe population is
engaged in conuuercial pursuits, but the percoitage of such
persons convicted of fraud from 1880 to 1804 was 19, (d
embezzlement 86.2%. During the same period, persona tmr
' £oe. at p. lie.
L ,l,z<»i:,., Google
§ 101 ECONOMIC AND SOCIAL CONDITION 117
ployed in indnstrial occapations were responsible tor Sl.8% of
the embezzlements, and 31.6% of tlie frauds conmutted, al-
thonj^ th^ constituted only 17% of tbe population. Thus,
we see clearly on what soil these two crimes best flourish.
Where commerce and industry thrive, the opportunity for
fraud and embezzlement is most frequraitly found. Hence,
eras of economic prosperity increase the temptation, and
though they seal the one source of crime, necessity, they
allow the number of the dishonest to grow larger. As Hera '■
saya: "The atavistic forms of criminality that are generally
e^ressed in taking advantage of an off^ed opportunity and
in deeds ci viol^kce, theft, and robbery, are directly depend-
ent on the price of food. Those offenses that are better
ad^ted to modem condilions, as corrupt in purpose but
earned out by more civilized means, falsehood and deceit
being used instead of violence, have left tliis primitive de-
pendence on the price of food behind them, and seek their
opportunity in the complicated life ^ the modem business
worid."
If theft is directly dependent on economic conditions,
and fraud and embezzlement reUtively independent of them,
owing to the fact that two of the important causes <A these
latter crimes balance each other, there are still other offenses
the figures of which seem to be a reflection of those relating
to thdt. Lafa^ue,* whose work, in spite of its strikingly
good qualities, is biased, s^s: "Hie material prosperity of
capitalistic society is marked by a relative decrease in the
number of bankruptcies, and a falling off of criminality in
general, on the one hand, and, on the other, by an increase
> Hugo Hen, "Die Verbrechenibew^uDg in Osterreich in den letcten
80 Jshreii in ihiem Zuwpunenhange nut wiitschaftliclien VeAUtniMeQ"
(MSchrKrimPaych. n. US).
* Loe. eit. p. MS.
bv Google
118 THE SOCIAL CAUSES OF CBIHE [§ 10
ID Ute munber of caaes of carnal abuse of chOdren, wliich be-
come rarer again when buaineaa is dulL . . . The rape ot cdiildreii
is a characteristic sign of the prosperity of the capitalistic
mode of production." The fact is true, and, ao far as the
bankruptcies are concerned, also its interpretation. But the
inference r^arding the crime of rape, which I^argue insin-
uates and Bebel ' openly asserts belongs to the educated
dasses, is not so. I do not know where Bebel obtained the
figures that would justify him in stating that: "The so-called
'liberal professions' to which many members of the upper
classes belong, are responsible tot about 5.6% c^ all criminal
oGFenses, and for about 13% of all the criminal assaults oo
children." As a matter (^ fact, the share erf the Iib««I jno-
fessions in all sexual crimes from 1890 to 1899 was only S.3%.
while, with their families, th^ composed 4% ot the pc^ulaticHi.
The agricultural laborers, on the other hand, committed
92.6, instead of 15.6%, of the rapes and indecent assaults,
workmen in industrial occupations, 43.3. instead oi 17%,
and this is quite apart from the workmen whose occupation
was not given, and who were responsible for nine times as
many sexual crimes as would naturally fall to the proportion
of the population that they form. Hence, the increase in these
crimes attendant on prosperity must be lud at the wtu'kmen'a.
doors, among whom, however, I should not in general indode
the last-named group. We shall not go far astray in connect-
ing this increase with the greater in^nlgme^. in ft)cohpl t.bat
goes on under prosperous conditions.
The significance of habitual drinking has been dsewhere
discussed, and reference made to assault and battery com-
mitted during intoxication. It has always been maintained
that prosperous years, involving, as they do, a gteator con-
> AvguM BAd, "Die FVm und der Sosalismn^" SStk «d, Stottprt, 1897,
p. ML
\ ^
. .iiizodbvCoogle
§ 101 ECONOMIC AND SOCIAL CONDITION 119
sumption of alcoholic drinks, bring about &Q increase in tlie
number of cases of assault and battery, and, similarly, that
good grtq>e harvests in wine-drinking countries, like France,
are, in the same way, detrimental to morahty in general.'
This is perfect^ true of earlier periods, as, for instance,
those discussed by Laf argue (Table XX), but does not apply
to German criminality since 1882. All the crimes the chief
cause of which we have found to be alcohol, such as aiding
prisoners to escape, resisting an officer, breach of the peace
("Hausfriedensbnich"), simple and aggravated assault and
battery, mali<nous mischief, grow more frequent from year to
year.
This growth corresponds to the steady increase in the con-
sumption of alcohol, — not of spirits, which seems to have
reached its manmum, but of the chi^ beverage of the Gei^
man people, beer. In 1882, only 84.8 litres per c^ita of the
populatjon, including women and children, were consumed,
whereas in 1900 this figure had already risen to 125.0 litres;
from then on, there is a decrease, so that in 1008 the consump-
tion had even fallen to 111 litres per c^ita. The consump-
tion of spirits has fallen somewhat since the last decade of the
last century, ^hen it was 4.4-4.2 litres. As, however, in
■1907-1908 it was 3.8 litres, the decrease is but sli^t.
The dam formed by the higher cost of living is not strong
enough to stem the tide of alcohol. The sums spent tor drink
do not affect the workman's expenses so much when wages
are high and the price <rf food low. But the figures indicating
the consumption of alcohol teach us that he does not save
in that direction, even when times are bad, hence the evil
consequences of excessive drinking appear in prosperous and
necessitous times alike.
In the complicated operation of an industrial State victims
■ Pem,he.ea.
DiailizodbvGoOgle
120 THE SOCIAL CAUSES OF CRDCE [§ 10
ue not laddng who are rained because, owing to lack oi nat-
ural capacity, or to their tow moral and intellectual standards,
or to their life-long habita, they are unable to ad^it them-
sdves to rapid development and wide fluctuations. The
same thing occurs, in agricultural States, to the farmer who
cannot weather the crises brou^t about by bad harvests,
or ^idemics among his stock, and to the agricultural laborer
who cannot tide over the periods when wages are low. The
waves meet over the heads ot the socially and morally weaker
the more easify, the more their firmness has been ^h wtpTi
by crises and calamities.
AH these opsettings of the social balance are unavoidable to
a cotain extent, but we know — unfortunately, better in thetny
than in practice — how to check thor evil consequences.
Absolutely different soil, however, nourishes the utificial
crids, the strike. This means of improving the sodal situar
tion has be^i used more and more frequmtly in recent years.
It is not my object to discuss its justification, but the daogeis
to sodety that strikes involve must be dealt with.
Where there is strict organization, and careful leaders are
in control, there will be but few crimes. It is wh«i there is a
prqionderance of very young and unmarried workmen that
the strike becomes a grave disastn. While fathers ci families
often join it unwillingly, the young men, who have no one*
to consider but themselves, are all fire and flame. But the
most dangerous element is contributal by those "workmen"
of whom we have already spoken, men who are masons,
carpenters, painters, etc., only when strike funds are bang
distributed. It is they who rage and ui^ the others on;
they are the leaders in the excesses committed, in attacks
on the police and on the so-called strike-breakers. This is
espedally trae at the beginning of the strike, whoi the treas-
ury is still full, and the meetings — generally held in public-
, ...... C.ooqIc
§ 10] ECONOMIC AND SOCIAL CONBITION 121
houses — witii the accompanying, unavoidable indulgence in
alcohol, inBame their excited minds still more.*
In order to judge aright the excesses that occur during
strikes, it is essential to recognize that the psychological be-
havior of a crowd is entirely different from that of the indi-
viduab that compose it. The psychology of masses has been
made the subject of a valuable study by Sighele.* It deals
not only with the reaction of uneducated crowds to
external irritations, but also with the, frequently in-
comprehensible, resolutions of legislative bodies, societies
of aU lands, scientific and poUtical meetings. The
critical faculty of a larger number of people is not only
DO greater than that of each one; it, on the contrary, ceases
to act altogether.
A phrase, a word, uttered at the right moment, the enthu-
siastic language of a good orator, a gesture made at the proper
instant, may turn a perfectly orderly crowd into a rabble at
criminals ready for any ^cess. Women being more impres-
sionable than men, the more of them there are in the crowd,
the greater is the danger, especially when alcohol brings its
infiuence to bear on the excited people, embittered by care
and deprivations, by failures and inflanmrntory speeches.
If the spark from outside flies into this explosive mass, the
mischief is done, and there follow the senseless excesses of
which Hauptmann in "Die Weber," and Zola in "Genninal,"
' How dearif tliii hai come to be recogniied is shown by the conduct of
the gttat Btrike in RhetUBh WertpbsIU, where the leaden warned the woAmen
■guikst aoy alndiolk escew. Only thus was it possible for such ti big strike
to be ouTJed out *o qiuetly and peaceably, though some credit for the oider-
Hness may be given to the excellent party discipline. Hie aame thing was ex-
perienced in Sweden at the time of the universal strilLe in 1909. Convictions
for dimes ot vidence suddenly ceased almost entirely, thanks to the leaden'
«der to the workmen to stop drinking altogether,
' SifheU, "Piychologie dcs Aufiaufs und der MassenTerbredwD," tians-
Uted by KvnBa, Dresden and Ldpdg, 1897, Carl Reissner.
I _,..■ -Google
122 THE SOCIAL CAUSES OF CRIMES [§ 10
have ffyea a litenuy account, while Si^i«le has given a
scientific one.
Hie man who takea part in mich excesses may in himsdf
be perfectly respectable and harmless, even timid, but his
individuality is lost in the mass; calm connderatimi vanishes,
and, carried sw^ by the leveling influence ot the crowd,
the deliberate man becomes an excited brute. We may regret
these sad consequences of the "p^didogy of the mass,"
but we cannotr shut our eyes to the tact that tKe~iubjecUve
culpability of the individual in strike disorders is often ex-
ceeding small. The necesnty for rqtressicHi, however,
leaiains unahered by this recognition.
^lailizodbvGoOglf
i
PART n
THE INDIVIDUAL CAUSES OP CRDfB
§11. Li Gownl
Som auUion look upon the social conditioB of the popu-
latkm as the chief cause of all crime, so much so that they
believe that "putting an end to poverty is the one and only
means of effectually repressing crime and prostitution." ■
Garofalo * looks at the matter from an entitely different
point of view. He compares criminality to the sea, that,
whetber the tide be high or low, always contains the same
amount of water. So, too, criminal inclination remains the
same, and it is only the manner in which it finds «q>rea8ion
that differs in summer and winter, in times of prosperi^ and
in periods of need.
The truth probably lies somewhere between tbese two ex-
tremes. Poverty and distress is one of the sources fA crime,
a source that flows the more freely, the wider the circles of
the population that are affected by the econontic depres-
sion. But as soon as a period of prosperity sets in, another
source gushes out with increased force, alcoholism and its
consequences. But the criminals who sit in the dock at these
two times are not the same. Prosperity does not, as a rule at
least, turn the man of dishonest ways into one who stabs
and disturbs the peace, nor does the hero of the stieet turn to
theft if he is in needy drcumstances.
> Paul Birtdl, "Verbreclien iind PrortitulioD all aoa
Balm, 1897, H. Glocke. p. 6S.
Ovxtfalo, "La criminolope," Paris, IS05, Fdii Alcan, p. IBS.
.OOglf
124 THE INBIVIDTIAL CAUSES OF CBIUE [§ 12
At every turn ot the sopajb^ance a nnmber of individiulA
alq> overboard and ank into tlie deptlu of crime. One thing
is common to them all, the lack of snffidoit power of resist-
ance against temptation. It is the soaal causes that ui^
towards crime, but, whik a lai^ portioD <rf mankind b aUe
to retain its bahince, another ptHtion succmnba, soumt or
later. Hence we must consider what the qualities <A the in-
dividual are that weaken his power of resistance to such an
extoit that he becomes a ciimioal.
The individual causes of crime frequently overi^ the aodal
causes already discussed. It should, therefore, be deaily
undo-stood that there is often no sharply defined boundary
between external and intetna] causes. Many individual quali-
ties are the result of sodal conditions, and much that has al- *
ready been dealt with, as, for instance, the floctnatitHis in
c^enses against chastity, could as wdl be induded in what
tollowa.
§ 12. Par«nt«ga awl Traiaing
Nothing will thrive in stony soil, and the seed need not be
poor to end in fuluie. It is similar with the devdc^ment
of the criminal man. This comparison does not exclude the
influence of natural disposition, but this influeaice cannot be
separated from the bad effects of training, or rather the lac^
of training, and from the results of evil example and aodal *
distress.
We cannot doubt that mental disease, intempottnce,
and ^ilepsy in the parents have a d^enerstive influence on
their children. As far as intemperance is concerned, I have
already dealt with the question. The forms of degeneratioa
are, in general, physical and mental inferiraity, thouf^ ex-
perience shows that not all the children of drunkards and.
insane persons have these defects.
L ,l,z<»i.vG00gIf
§12]
PARENTAGE AND TRAINING
125
Every attempt to express this in figures is Tendered futile by
the elasticity of the term " heredity," some scientists legarding
insanity as inherited only if it has appeared in the parents,
and others being satisfied if any relative was thus afflicted;
some considering a slight nervous affection 8u£Scienti others
only pronounced mental disease. It has, therefore, even
been proposed to call the tendency to p^chic diseases merely
"family disposition."
TABLE
xxn
(After EuidlaO
Dinun Am CRnaNAUTT m thb Pismm of CimiraMa
CmnmiujTT
hrnunn
—
1
1
i
1
1
1
1
1
1
1
1
1
%
M
OiBiiuli coimctod of
faxkcatoliiis . .
n
fl^
l«H
l.«
P«im»
«S
SwwDen
Mil
IS
ISJt
ra
Tliw™
m.9
fl,7
t.4
14
7.8
«.i
Mwdam
If it is difficult to establish the influence of heredity in those
who are mentally diseased, it is mudi more so in criminals,
who, moreover, often know little of their progenitors, and
whose fathers, in the case of illegitimate children, are en-
tirety unknown. The figures in Table XXII are given merely
to show how uncertain the results of investigations of heredity
are, and not as a measure of congenital disposition.
The frequcDcy with which ,the psychic anomalies <A the
parents appear in the children, and the form they take, show
1 1714 ajmiiula esdudve tA bomicKk*.
126 THE INDIVIDUAL CAUSES OF CBIHE [§ 12
such variation in the figures oS differmt writers that I will
not do more than speak of the fact, without drawing co^du-
sions from it.
Hartmann * has made a TCzy carrful study ^ the agnificance
of heredity. For the purpose of comparing hereditary influ-
ences in insane and normal persons, he was able to use the
studies of Diem and Koller, which, Uke hb own, were made
under Bleuler's guidance, and this has added to the value <^
his work. Among 199 criminals, Hartnuum found hereditary
[ defects in 69.8%, whereas Koller discovered, among 1850
insane persons, TO.3%. and, among 370 healthy persons.
£9%, with inherited predispositions. But KoUer, like Diem,
who found, among 1192 healthy persons, 76.4% with hnedi-
taiy tendencies, included apople^ as a hereditary factor.
Especially Doteworthy is the difference that 4>pears as socn
as heredity in the direct line b considered — that is, throng
the member of the family that is most closely related — aiKl
the number of hereditary detects. When this is done, we find
that criminals are nearer to the inaft iw tlm.ii to " o n nf i^ pciscKts
as r^ards direct heredity and the frequency t^ bereditaiy
defects. But — and this seems to me of the greatest impw^
tance — the predisposition transmitted by the paroits does
not weigh as heavily as is generally supposed; the number of
healthy persons who are threatened by hereditary stigm^
of degeneration ia too large for that.
Hartmaim found inherited criminiuity in 32.7% cd the crim-
inals be examined, considerably more than Fenta and Muro,
but less than Sichart,* who found, in Wttrttemberg, that, among
1714 criminals, 43.7% had criminal parents. Is it a question
of the direct inheritance of the inclination to commit unlawful '
I Hartwumm, "Ober die bemtfiUMn Teriddtnine bci Vtrtw th M tt " (HSdn.
Krim. PsTch. I. 489).
* Sfctoft "Pber nxBTidBeUe F«kfa»tn A« Vwbrech^" gStW. X, tgj.
...Coo'^lc
5 12] FABENTAGE AND TRAINING 127
acts? Kurella thinks it is, but I cannot agree with him.
I do not believe that we are justified in attaching too much
importance to this kind of transmission, just as we should
not regard as too significant the not infrequent fact that whole
families, even whole localities, are distinguished by intense
criminal activity. A cluld that is surrounded by criminals in
its earliest youth soon learns to think like them, and never has
the diance to develop other views. Crime loses its character
as a reprehensible act. and punishment its disgrace; at most,
the latter is regarded as an unavcndable disadvantage con-
nected with the occupation. I may surely, therefore, dispense
with further descriptions of the notorious Juke family.'
with its widespread army of crimlnak, prostitutes, and de-
fectives, or of other similar criminal families.
In Si^ide's ' interesting study of the former ecclenastical
State. Aitena, Kurella * finds a proof of the inheritability of
crime. In 1557 Paul IV outlawed all the inhabitants of
Artena, the refuge of mischievous rogues, and gave anyone
the right to destroy the place. Yet, as late as between 1875
and 1887, the relative number of robberies in Artena was SO
times as great as in the rest of Italy, and the number of mur-
ders, homicides, and assaults, from six to seven times as great.
One of the families there, the Montefortinoa, maintained its
reputation for crime through three centuries. And yet even
this high degree of criminality, that remuned unchanged for
centuries, does not prove the hereditary character of crimin-
ality itself. It may equally as wdl be attributed to the unfortu-
nate force oS «DUnple, that smothered good impulses before
they could be developed.
' Diigdal*, "The Jokea. A Study in crime, ptMpamn, diMue, and hend*
ily," New Yorit, 1877, Futiuun.
* Si^uU, "Cn pMoe di ddinqncnn" (Arch, di paicli. e d'uitropoL XI,
laeoi p. Ml).
■ KwtBa, "NaturgMcliklite de* Teriuecheni^" 1893^ p. IM.
-Cooglf
128 THE INDIVIDUAL CAUSES OF CRIME [§ 12
We might obtain certain proof by means of one experiment :
educating the healthy children of criminab in good sunoond-
ings, in ignorance of thor descent, and then observing whether
they showed criminal lendendea. This proof cannot be easily
secured. The occasbnal tales that we hear of the breaking
out of gypsy instincts after years of repression may wdl be
banished to the realm of romance; th^ are not to be tal^
seriously.
The principal reason why such experiments would not
succeed is. ttmf th«^ <-lylr1rpn nt Ai^nm-atf pajpt^tj, thnn^
tree pe rhaps fwtm «^ n(»Tii tal cr'" ''"«l t ™d r ii rirni a rr in n ft rn
DbysJ CTlly and mentally inf^ orr- Very int^esting in this*
connection is a psychiatrical study made t^ Mfin^nmOllerA
He examined 200 children in the Home for N^lected Childr«i
in Lichtenberg, belonging to the ci^ of Beriin, among whom
there were 134 that were guil^ of some offense. Of the 800
hoys, not fewer than 68 were feeble-minded; and even the
others showed sadi inferior mental ability that the institutioa
was unable to tnaJntain a class that would conespcHid to the
highest dass in the grammar school. Besides imbedli^.
he found ^ilep^, hysteria, mental disease; in short, aft^
subtracting all those with mental defects, there remained only
7S, including 10 epileptics, who were reasonably intelligent,
and 8S normal children. MOnkemSller adds: "And yet,
as often as I recall my notes on these normal children, I
cannot help thinldiig that even this number is too high, and
that, if I could have observed them carefully for a longer
period, especially if it were a question of pronouncing them
responsible in the sense that the word is used in § 51 of the
Penal Code, there would be still more that could not be cUasi-
fied under this head."
■ MOnioKMtr, "PBychutriM^Ka aus dcr ZmugienidiiiD^UHtak** (ADg.
Zatatlirift fttr Pvchutrie. LM, p. 14).
, ...... C.ooQk-
§ 12] PAKENTAGE AND TRAINING 129
Tbe cause of this alarmingly large number of mentally
d^ective children has little to do with the neglect of their
training and instruction, for it is clear that those classed as
imbedles are judged, not by the knowledge they possess,
but by their ability to learn. We must, therefore, rq^ard this
deficient or defective mentality as an inheritance from the
parents. MOokemtiller's figures support this view. In 85
cases, either the father or the mother, or both, were drunk-
ards; in £4, insane; in 26, epileptics; and in as many cases,
afflicted with some other severe nervous disease.
In all but a few cases, the State education of these children
had been ordered, because of the criminal tendencies they
displayed. In view of their mental inferiority, we cannot
entertain very high hopes of the success that it is possible to
attain with them. But the majority of adult criminals are
equally inferior in mind, which accounts for the imbecility
and mental anomalies that are so conmMn among them.
This makes it possible to dispense with the hypothesis
that criminal tendentues, like artistic talents, for instance,
are transmitted from parents to children. I expressly say that
we can dispense with it, for it cannot be refuted or proved.
The one fact that we can establish with certainty is, that the
inheritance of the children of drunkards, insane persons, and
epileptics consists of physical and mental inferiority.
When the children come from degenerate or criminal fam-
ilies, there is added to this inferiority the danger that lies in
its further development.
They lack, first of all, home truning, A not inconsiderable
number of them are iUegitiniate, though the figures that would *
indicate just how many vary tremendously. Of the convicts
that Sichart ^ examined in WUrttemberg, 27%, of those that
' Sidurt, "Vba individuelle Fdcbnen des Verbncbeai" (ZStW. ^
M).
L ,l,z<,i:,.,G00^lf
130
I INDIVIDDAJ. CAUSES OF CRIKE
(§12
GuHl&ume ' saw in the petutentiwy in Bern, 14%, wNe <£
illegitimate birth. Among 41S male priaoners in Halle whose
sentences were all for six mtHiths or over, I found that 8.9%
were iUegitimate. Experiaice proves this to be aboat the
average number.
The figures given in the Prussian statistics <rf penal insti-
tutions * are reproduced in Table XXJll.
TABLE XXm
.^.~ j .-..»
BIUB
FmuLM
Uiu
FmuiM
Hub
PmtiiM
S.S
lOJT
8.8
VL5
il.«
14.1
In 1899, 9% (^ an the births in Germany were Ol^timate.
In order to understand why a smaller percentage of the cxm-
victs are of lU^timate birth, we must remember how great
the mortality b among the children that, owing to their
illegitimacy, lack proper care. In Pnissia, from 1875 to 1899.
td 100 illegitimate children, S£.34% died in their first year,
whereas among Intimate children the percentage was <mly
18.24. This greatly alters the proportion to the wIk^ pt^a-
lation of those who are of ille^timate birth. Up to the com-
pletion of the nineteenth year the percentage of ille^timate
childrm sank from \6M in flie first year <rf life tojul.* Thus
we see that the rate of mortality continues to be higher among
I OaH lan wt * , "Die Tnnniwrii 6a Bcmer Stwifintaltfii tmd Que Jngender-
k der nan Reaaoit de* EgL pmiH. UiniaUnitmi dea Innem
gdhttoendoi StnfuaUlten and GcfimgniaK." BeiUn. Dnicfcetei der Stn£i»
* Elumktr vttd Spam, "Die Bedeutung der BenifavanuiBdKlMit Mr d
SdniU der imehdidieo Kiiider." DiCMSen. I90S, p. SI.
-Cooglf
S12]
PARENTAGE AND TRAINING
131
them throughout childhood. Thia fact should be borne in
mind in jud^ng the figures given in the table.
The unfavorable economic situation of unmarried mothers,
their difficult social position, and the lack of normal family
Hfe, combine to make the truning that ille^timate children
receive inadequate in every direction.
TABLE XXIT
PalWCcsTKn
Bd»u«i«
Hui
Fmtaa
»
H
8
S
9
4
H
Poor
UnkiM>wn
74
SI
These figures of Guillaume's show clear^ how greatly the
development of ill^timate children sufFers, especially in
comparison with that of legitimate children. At the same time
they afford us a deep insight into the education of all crim-
inab, and show what share bad or inadequate training has
in the genesb of crime. This is made most apparent by the
rarity of good truning among female delinquents, which seems
to be almost a condition o^ the adoption of a criminal career.
The result of the invesUgation of the d^ree of education
possessed by the inmates of Prussian penal institutions appears
in the same light.
The care with which the degree of education is ascertained
varies greatly in the different institutions, otherwise the com-
paratively low percentage of tramps, b^gars, and prosti-
tutes who are imeducsted or deficient in educatioD, directly
contradicting what other experience teaches us. would be
quite incomprehensible. Hence, on account of the method
.oosic
132
THE INDIVIDUAL CAUSES OF CRIME
1112
used in obtaining them, the statistics of the abilities of the
inmates of PnisdaD special State schoob ("Zwangserae-
hungsaustalten"). at the time of entraDce, are more valuable.
1^ disappcunting result obtained by the intelligence test
("IntelligenzprUfmig"} among inmates of these schools
shows to sufficiency how low the average knowledge, that
most external of aU marks of education, is, and how difficult
the straggle for ezist^ice thus becomes for such children.
TABLE XXV
Scboding vaoag the tuutes of:
r— .— — „
CouBnTB iMRnmB
iwi-isoo
i§s*-iNa
Maim
Pbuu
Ualm
P>»i«
Wrthwrt
Deficient
Grammu Sdwcrf
HigWScbooli
CD
east
30.4
16.5
«1J
si.e
0.A
as
7.«
11.8
81.S
We shall not err in assuming that a part of these youthful
offenders, even with the most careful education, would never
be aUe to master the complete grammar sdiool course (" Volks-
Bchule"), owing to deficient mental ability; p^iaps — at
least it might be so assumed from MtmkemOUer's experience —
this is true of the majori^. On the other side, even -wbai the
mentality is low, careful individual education and training
often do wonders, as is shown by observation in institutions
for imbeciles, and, on a somewhat higher plane, schools for
feeble-minded children. All these possibilities are sddom used
in the training of those children who form the majority of
early offenders.
Indeed, how can th^ be, when the father, and generally
also the mother, work away from home from eariy tiU late.
. ,, ..Ct
§12]
FABENTAGE AND TRAINING
133
and the duldi^i must tliiu be left to their imgovemed im-
pulaes and the infiuences of the street? It may be considered
a fortunate case if the parents even attempt, in the hours that
remain to them, to train the children. But even that is rare.
An examining judge in Paris, Albanel,' found that, among
TABLE XXVI
EmrcfcxtoK or MmoBS o
Of 100 pnpib over 12 jaaa
M|i
ii
ill
IL
dm
I
J
lllll
III
ll
IMS
47.S
0.8
S9.e
2.4
10.4
0.1
1907
M.T
0.4
40.9
8.0
10.8
0.2
iwe
42.S
0.4
43.0
2.6
11.2
0.2
1«M
41.3
0.4
42.S
8.0
18.9
0.2
IMH
41.9
0.4
43.9
l.»
12.1
0.2
IMS
9S.6
0.S
43.6
2.8
18.8
0.6
IMS
80.9
0.4
41.7
4.2
18.S
0.8
IMl
86.0
0.2
40.8
«.8
16.0
0.2
600 criminala mider twenty years of age, in SOS cases the
family life of the parmts was destroyed owing to deafh, .
divorce, desntion, illicit relations, or to some similar cause.
What the training trf children is under such conditions can
be easily imagined.
Id addition to evil propensity and inadequate education,
the most dangerous source of the criminal attitude is the
influence of environment. According to Ferriani,* of 2000
I AOaiul. "he crime duu la famiUe," 1900, p. 27.
i, "HinderjlUirige Verbrecher," 1896, p. 76.
134 THE INDIVIDIIAL CAUSES OF CBIME [$ 12
convicted minora, 701 came from funilies with bad r^uta-
tjons, 169 from those of questionable fame, and 53 from homes
that were described as "utterly depraved." Among my
priaoners 14.4% had relatives who had been convicted. I am
convinced that the percentage is reaUy much higher, for many
of the prisonos questioned, intentionally or from ignorance,
probably gave wrong information. Among the inmates (rf the
corrective d^>artment tor youthful offenders in the prison at
I^yons, Rauz ^ found that 13% had been directly induced hy
their parraits to conmiit crimes.
^ccurate statistics, howevCT^^ je sca rcely n^g aary . The
• amplest consideration of the subject imperatively forces us
to the conclusion that only an intelligent person of partkni-
larly 6rm character can withstand for long the influence of a
vicioua environmrait.
Investigations of living conditions reveal a pomtivdy hor-
rible state of wretdiedness, both in cities * and in rural dis-
tricts.* The living together in close quarters, even sleeiHng
tc^ether, of adults and children, of parents and lodgers,
must arouse sexual insUncta at an early age. The mode of
life becomes so much the more dangerous, the less restrained
the passions of the adults are, — particularly so, in the case
of criminals and prostitutes.
A diild that grows up among thieves and vagabonds, prosti-
tutes and drunkards, forms his range of ideas after that oi
those about him, and scarcely requires special instruction in
order to act first as assistant, then as participant, in the exe-
cution of the family's criminal plans.
When necessity is added to all these things, the final hold
> Jolg, "L'enfaDce ooup«bt«," lOOi, p. 39.
* MutOM Oiutttdc-Kaitu, "SdunoUen Jadubudi," N. F. XX. tad Heft.
* H. WHttnberg, "Die geacUechtlicli-dtdidMn VcridHwMe <kr naafafi*
•dicn Luidbewobner im Deutscben Beiche."
. ,i,z<,i:.., Google
§ 12] PABENTAGE AND TRAINING 135
u lost. Of Ferriani's 2000 minor criminala. 1758 lived in
miserable poverty. If this lack of means is out of all propor-
tion to the need of necessary food, it is much more so in regard
to the uncontrolled dedre for comforts or luxuries. Early
accustomed to drink, assodating with prostitutes from the
time that sexual instincts first become active, uninfluenced
by school-life, and, witli defective mtelligence, unchecked by
fear of punishment and sober consideration of the advantages
and disadvantages of a criminal career, — tliat is the picture
presented by the inner life of those who come from depraved
families and corrupt environment.
The attempt to snatch a valuable member of human society
out of this slough has no prospect of success, unless it is made as
early as possible, before evil example has had time to exert
its influence. But we mi^ hope to see our efforts rewarded
if suitable education and truning is b^un in very early
youth, and if we can prevent the child's return to the old.
miserable conditions; this, of course, within the limitations
that mental and phyucal disporitioD impose. The low grade
of intelligmce, and the defects, such as deformity, epilepsy,
hysteria, and sinular things, under which degenerate children,
particularly the children of drunkards, have to suffer, force
them down to a lower social plane, into the ranks of the day
laborers and unsldUed workmen, and thus into circles in which
alcoholism menaces them anew.
In spite of this gloomy perspective, everything possible
must continue to be tried, in order to save at least a part of
these imperilled children. We shall probably fight in vain
against what is due to natural bent or disposition, but not
against what is merely the external consequence of descent.
^laiiizodbvGoogle
THE INDIVIDUAL CAIBES OP CBDfE [§ 13
§13.:
The low grade of ment^iiy found in the average criminal
dims the optimistic hopes that were tonneriy entertained <^
the good results to be obtained hy increasing edacation among
the people. It was believed that in this wtty even the lower
dasses could be given a bettn understanding of the necessity
for, and the requirements of, a r^ulated l^al State. "To
instruct is to raise morality." Engel ' sou^t to prove the
truth of this principle by the fact, that in the Department
Calvados, in France, public instruction cost 20.S centimes p^
person, while justice cost 17.4; in Bonche du Rhone, on the
contrary, only 16.4 centimes were expended tor instruction,
and SO for justice. Thus, he asserted, every expenditure in the
budget of instmction would be abundantly balanced by the
savings in that of criminal justice. Iievasseur's * statistics ,
confirm this view; from lSi7 to 1877 the number of those who ,
were entirely uneducated fell, among the recruits, from 56
to 16%; among the criminats, from 62 to 81%. 'nius,it^>-
pears that the uneducated show a greater inclination towards
crime than the educated.
This is quite comprehensible, for his knowledge gives the
educated man a great advantage over the one who is unedu-
cated. He is able to find work, to obtain a livelihood, where
ignorance makes it impossible for the uneducated man to
do so. The fanner who has known how to take advantage of
the progress of technical science will be able, under the same
conditions, to obtain a yield from his property, even in times
when the old-fashioned farmer stands face to face with ruin.
The position of the uneducated man is equally unfavorable
in all fields, and thia increases the danger <A his falling into
' atedhy
* Ilnd,, p. 6O0.
. ,l,z<»i:,.,G00gIf
§ 13] EDUCATION 137
The disadvantage of slight education lies in this, that the
man is thus placed in a more difficult social position, ia more
liable to economic poverty and dependence. Thus we can
tmderstand why it is that, by simply rusing the standard of
education, we are by no means able to do away with any
considerable number of crimes. If the intellectual level of a
nation is raised, the differences still remain unchanged; the
man with less education will always fall behind the man with
more. In Germany, the number of the illiterate, that is, of
those who can neither read nor write, has fallen extraordi-
narily. In 1875, among the recruits, there were still 2.37%
illiterates, in 1890 only 0.5%, and in 1908 the number of those
who could neither read nor write had sunk to 0.02%. The
number of persons convicted, however, has increased more
rapidly than the population, even as regards those crimes the
l^al judgments of which have not altered in all these years.
Hence, in spite of increased education, we have no improve-
ment in I^al security.
No statistical proof of the influence bf education on crim-
inality can ever be brought. The simplest elementary
knowledge is by no means a sign of education, intellectual
attainment no measure of the developm^it of altruistic id^as.
But — and this too, unfortunately, needs to be expressly
mentioned — there can also be no proof to the contrary.
The umple, childlike view, that the degree of education ob-
ttuned in the lower schools menaces the harmless, deeply
moral, mode of thought of the people, this sentimental glori-
fication of the people in their primitive state, is based on en-
tirely vague and unfounded prejudices. It is not increa^ng
education that causes the growth of crime, but the changes
that have taken place in all external conditions in the course
<rf the last centuries.
If instruction has any influence at all on criminality, this
_ t'.OCWIc
138 THE INDIVIDUAL CAUSES OF CBIME [§ 13
influence probably shows itself in the kind of crime committed.
It is clear that no illiterate can forge documents, nor commit
a crime in t^ce ("Verbrechen im Amte"). A complete
faUure to perceive the cause and the accompanying phenome-
non must have led Lombroao* to say: "However, if education
is valuable for the populaticm in general, it neverthden
ou^t not to be extended to the inmates of prisons, unless it
is accompaoied by a special training, designed to correct the ,
passions and instincts, rather than to develop the intellect.
Elementary education is positively harmful as applied to the
ordinary criminal; it places in his hands an additional we^A>n
for carrying on his crimes, and makes a recidivist of him.
The introduction of schools into the prison . . . ezjdains,
to my mind, the great number of educated recidivists."
And in another place : * " To instruct the criminal means to
perfect him in evil" ! Not because of instruction, but in spite
of it, the rdapse takes place. Without doubt, the technical
Imowledge that a criminal has obUuned in prisrai may be (tf
use to him in a burglary or a falsification; but it is then just
as certain that, without these newly acquired capabilities,
he would have relapsed. To many others, however, the
knowledge gained in prison, and the training in some trade.
have meant the possibility of getting on better in the world
after their discharge, and in this way, some, at least, have
been preserved from an otherwise certain rdi^Me into crime.
Knowledge and capabilities are always a mighty protection
and a strong weapon in the stni^e for existence, but only Itx
the individual. The general increase in education, especially
within the limited sphere of the average grammar achooi
instruction ("Volksachulunterridit"}, can have no appred-
able effect on criminality. x/
' Lombnuo, "Clime: Its Cmiuea and Henttdact," p. 114; "Hodeni Oini-
nal Sdence Serio," 1811, Borton, tnuM. ■ Ibid., p. SOI.
§ 14] AGE 139
§14. Age
The actbns of youtli bear the stamp of impuMreuesa,
which boldly approaches too difficult tasks. With increasing
age caation and prudence grow, developing io old age into
deliberation ^d wise resignation. To what extent do these
psjrchological stages of development appear io criminality?
Above all, how does the child develop into a personality
respcmsible to the State?
Our German Penal Code, like the penal codes of all Euro-
pean countries except those of France and Belgium, starts
with the assumption that criminal responsibility develops
gradually.* From the time when the first distinct signs of
cfmscious reaction to the provocatioDS of the external world
become noticeable, the whole activity of the child is purely
^oistic. It is dominated by the needs and desires of its own
body, and to fulfill these the child strives with naive incon-
aideration of others. But soon training b^fins its work at
home and at scdiool. Diz * calls the home "the most impor-
tant foundation of the entire social milieu." As far as the
developmoit of altruistic modes of thought are concerned,
I am inclined to attach still greater importance to the school
than to the family. The school must not and cannot take the
place of the home, but, within the close circle of family life,
training and education are, after all, only possible to a limited
extent, because encroachments on others' spheres of interest
can be but slight in nature. Companionship with others of
the same age in school, however, oitails innumerable conflicts
which arouse in the child the indistinct desire to have his
interests protected against others, and also awaken in him
* Conpare 1117 diaciunoiia of: Stnfuiuutlndi^eit mid reUtiTe Stnfim-
mtbidi^cit in Hodu, "Handbueh der gerichtlicben Piychutrie." Berlin,
1001. Hindkwmld.
* iNs, "SoBalnioial," Lripng, 1808. Fmind L Wittig, p. IT.
.OOglf
140 THE INDIVIDUAL CAUSES OP CRIME [§ 14
an understanding ot the necessi^ of adapting himself to others,
to his suTToundinga, we might say, to the State on a small
scale.
At first, the child learns to obey without comprehensioii,
from fear of punishment, from imitation, but soon his undei^
standing grova, and gradually he learns to overcome his own
selfish impulses and pay attention to the interests of others.
Right and wrong become definite notions, motives; thai
distinctness and th^ wei{^ finally grow to the degree that
constitutes respondbililT' to the law.
Iliis devdfipment naturally takes place but slowly, at^ by
step, and, just as naturally, is not equally rapid in all children.
Tliis fact corresponds to the need of gradation, the division in
our law into persons below the age of punishment, those
relatively unpunishable, and those punishable.
Up to the completion of the twelfth year the child is free
from punishment. Unfortunately, we have no means of know-
ing the frequenqr with which children commit anti-sotnal
acts of a criminal nature. They are probably not rare, as
the period up to twelve years embraces about one-third <A
the civil population, though, of course, the very small children
must be deducted from this number. Whether it would be
easy to meet the demand for criminal statistics of those under
the age of punishment, the desire for whi*^ is also expressed
by Appelius,' cannot be said offhand. I cwisider it possible,
with the co-operation of all the authorities concerned (school,
police, and courts), to obtain at least an approximate summary
of the danger to l^al security through children.
Of the "juveniles," as those between the ages of 18 and 18
are called in criminal statistics, only those are punished who
are able to understand the nature and consequences of their
■ Apptluu. "Dm Behandluiig jogcndlidter Vcrinedicr mtd yanthdoSba
Kiiukr," Bb&i. ISOS, J. GuttenUg, p. 11.
. ,l,z<»i:,.,G00gIf
§ 14] AGE 141
act. In the clioice of this ezpreasion, it was probably over-
looked that it leaves a wider margin than is desirable to the
subjective opinion of the judges. This is best seen in the
frequency with which juveniles are acquitted in conformity
with § 56 of the Penal Code. Fwfm i897 to 1899 the num-
ber of such acquittals, among 46^28 juveniles, was 1591, that
is, 3.4%.
This percentage was reached and exceeded fey twelve of
theappellate provincial courts ("Oberlandesgerichtsbesirke"),
Cologne having 10, and Kolmar 9.8%; a number of the others
fell quite below the average; thus, Dresden (1.4%), Olden-
burg (1.3%), ZweibrUcken (1.1%). The two districts, Cologne
and Dresden, show about the same number of convictions,
as well as of sexual crimes; Cologne's excess of cases of as-
sault and battery balances the greater number ot thefts in
Dresden. In order to explain the difference in the number of
acquittals based on § 56, we are compelled to assume that
the judges in Cologne required a higher degree of compre-
hension than did those in Dresden.
A comparison of juvenile offenders, between the ages of
12 and 14, acquitted on the ground of insu£Scient compre-
hension, gives the same result. For every 100 of these con-
victed in all Germany from 1894 to 1896, there were 10.8%
acquittals. Of the six appellate courts that reached or ex-
ceeded this percentage, Kolmar stands ' at the head with
«7.1%, followed by Cologne with 32.2%. Acquittals were
rarest m Brunswick (0.5%), next in Oldenburg (3.1%), and
Dresden (3.3%).
It is perfectly justifiable to attribute much of this variation
to the difference in the crimes, and also in the mental develop-
ment of the population in the various parts of Germany.
Enou^ remains, however, to force us to the conclusion that
there is no uniformity and agreement as regards what is to
I ,-<,::. Cookie
142 THE INDIVIDUAL CAUSES OF CBDfE [§ 14
be understood uada "the comprehension of tlw criminal
illegality of an act."
The overburdening of certain conrts, unfortunatdy, makes
it necessary to dispose of the individual cases in too short a
time, and this makes it almost impossible to avoid a certain
r^pilar system which makes use of purely external criteria,
like age and physical devel<^ment. But the method of treat-
ment in En^and and Ireland, as cited by Ernst Schusto','
can only be stigmatized as an absolute mockery of the words
and intention of the law: "criminal responsibili^ begins afto-
the completion of the sevmtb year; with children from 7 to
14, according to the theory, proof must be given that ihey are
suffidentiy mature to be able to distinguish between ri^t and
wrong. In practice, however, sudi maturity is always assumed
in diildreo over ten years!"
If the coiiq>rdienfflon necessary to the perception ctf the
criminality of an act, the "discemement" of the Fkendi,
were merely subject to the error of different interpretations,
that mi^t, perh^is, be overlooked. But the term is subject
to the greater error of one-sidedness as well. It demands
only a definite degree of intellectual development. In
general, the development of moral education runs parallel
to that of intellectual development, but self-control does
not grow with the intellect. This is best seen in the
kind of crimes most frequently committed by juvenile
(lenders.
In the first place, the high number of Mouthful offenders
convicted of crime is striking, as we cannot fail to take into
consideration that a la^e percentage of them enjoy the pro-
tection <^ the parental roof for some of the years in question.
It is the more surprising, then, to find that in certain raimes
' "IKe Strai^Metigebimg ikr G^enirart in wchta wjJtkhu Kitt Dar-
atcUung." Berim, ISM. Otto Lidmuuui, I, p. SM.
§ 14] AGE 143
the number of convicted children still of school age exceeds
that of the adults.
Very rarely in early youth will a child always be able to
reast the temptaUon to take sweets and such things on the
sly; it is generally just on such an occasion that the differ-
ence between mine and thine, forbidden and not forbidden,
is made clear to him. Criminal statistics show us, however,
TABLE XXVn'
Po 100,000 CimuB. iBOM
CoancnD a INl o*:
"y;^*
Y^
18 Vmus
ureOTB
AU Crimea Mid (rfTeoM*
4M.i
230.4
47.8
14.7
9.7
3.7
24.9
30.2
2.6
8.8
2.1
910.1
aa»A
69.0
».7
41.8
25.1
ie7.8
S7J
2».2
US
U81.7
GisDd krcenj'
Ftaud
Simple unult and battery . . .
Halkiau* miKhief
19.7
T0.6
78.1
87t.S
48.3
Indecent UMidt on dtildren, etc.
ii.6
that these teachings are obviously much more easily followed
by adults than by children. The temptation to enrich him-
self at another's cost b conaiderab^ increased by the fact,
that the diild has fewer ways and means of procuring money
honestly than the grown person.
The increasing love of enjoyment that no longer finds suf-
ficient food in harmless games craves gratification; if the
necessary means are not at hand, they become the motive for
stealing, a motive against the power of which reason often
fights in vwn. Tlie character lacks the maturity to conquer
tbe temptation, which often, also, approaches from without in
■ "SUtistik de* Deutachen BeiclKa." N. P. CXLVI, Q, p. W.
L ,l,z<»i:,.,G00gIf
144 THE INDIVIDUAL CAUSES OF CBIME [§ 14
the form of good frienda; the youthful optunism makes li^t
of the danger of bdog caught; all these things combine, and
the thief is there. And, with the thief, the receiver of stotto
property, not, <d course, the professional, at least, not at <»ce.
At the b^innlng, it is the companion who peihaps first sug-
gested the theft and in return ahaies in the booty. Fraud,
wliich requires more iutdligence and deliberation than does
the theft, that is carried out more b<Jdly than cunningly, is
rarer.
Assault and battery and malicious mischief form a sectHid
group of offenses. Although the number of convictions for the
formtt is considerably lower than the number of adult con-
victions, yet it must not be forgotten that, in the etiok^Qr «tf
this crime, the public-house plays the principal part. Fot-
tunately its pwtals are not yet customarily opta to mincns.
It must be admitted, however, that in this respect too re-
grettable progress is noticeable. While the number of those
of punishable age convicted of this offense increased from
1882 to 1901 by 84.S%, the numba of convicted mincas io-
creased by 130.1%!
The minor responds relatively eaaly to provocatitm by
brutal violence; this is best shown by a comparistm <^ the
number of cases of aggravated assault and battery with
the convictions for insult, which are very similar in the case
c^ adults. The young fellow, on the contrary, is apt to
wreak his anger on inanimate things, sniashtng evoything
within reach, but at the same time he does not shrink from
attacking others with a stick or knife. Thus, it is his phyacal
strength, the awakening of which he notices with pleasure
and seeks to train in athletic dubs and gymnasiums, that is
the main in<%ntive to the offense that is second in frequency
with him. His first drinking escapades, whidi also occur
during these years, are naturally so much the mwe smooB
?'3
§14] AGE ^ 145
because, imaccuatomed to alcohol as he is. he has not yet
learnt by experience to be moderate.
In general, sexual development does not take place with us
till in the fourteenth or fifteenth year, or even later, so that,
for physiological reasons, a very large number of minors
do not come tinder consideration as regards sexual crimes.
In spite of this fact, the number of convicted children under
fourteen nearly reaches a third of the adults' share. This
fact appears in a still graver light when we take into account
that, generally, more than half <A the children arraigned for
such offenses are acquitted on the ground of insufficient com-
prehension. From 1899 to 1901 the number of convictions
amounted to 988, the number of acquittals, based on \ 56,
to S55 among children under 14 years. Thus, for eveiy three
cases of rape among adiUts, th^e are two cases among children,
of whom only a very small number are sufficiently developed
sexually to commit the crime. This gives us a measure for
the strength with which sexual instincts appear from the
beginning; between the ages of 15 and 18 the^ make criminals
of nearly double as many persons as among the physically
and ment^ly mature.
When it first appears, the sexual instinct finds little to check
H. The reticence towards children that people cultivate
in r^ard to sexual subjects results in this, that the child's
intdlectual development leaves him absolutely tn the lurch
in r^ard to this very matter. His feelings, neither clear nor
comprehensible even to himself, yet often extraordinarily
powerful, do not meet, in their striving for gratification, with
a dosed phalanx of prohibitions and warnings. But even if
such existed, the str^igth of the desire for sexual gratification
is greater than that of the reason. We see this ev«y day,
even with grown people, who are not hindered by the full
knowlec^ fA the dangers of intercourse with prostitutes from
I _,..■ . Cookie
146 THE INDIVIDUAL CAUSES OF CRIME [§ 14
exposing themseivea again and agun to the probability of a
serious injury to their beidth. How much less can reasim
achieve with dkildren!
Adults, even those who are unmarried, can more eas3y
obtain opportunities for sexual intercourse than can minors.
This also increases the danger and makes it comprdiraiaible
why children are so largely concerned in sexual crimes.
The stormy outburst of the sexual impulse breaks throo^
and obliterates the boundaries ot the legally permissible.
lite crime of arson occupies a peculiar position. In the
country it is frequently committed by servants fnmi motivefl
of revenge. Commonly the young man or girt is irritated by
a scolding or a blow, and his or her anger gives rise to the wish
to be dismissed or to play some trick on the master. A tempt-
ing means of accompUshing this is the bam, and it is probable
that the pleasure irfiicb many people experience in watching
a blase is also not without influence. Whether this process
can take place in a perfectly normal brain, would certainly
be worth a more exact investigation, for which my material,
unfortunate^, is inadequate. Nevertheless, it can scarcely
be chance that five <^ the six young giils convicted of arson,
idiom I examined carefully in the course of a year while th^
were in prison, were unusually weak minded, only one being (A
normal intelligence. In every case the court had assumed
the child to be capable of comprehoiding her act, and in some
instances had imposed really severe penalties.
I cannot retrain from referring to still another experience.
Epilep^, arson, mysticism, crudty, and sexual ^xitement,
are all interrelated; even though the psychological root of
this relation is ^itirely unknown to us, yet the frequency of
this combination points to deeper connection, which probably
borders on the patholc^cal. I would not be understood as
saying that every one of these factors is found in evay case at
Coogic
§ 14] AGE 147
anon, but it is, nevertlieless, advisable to consider the possi-
bility of a pathological origin of the crime; it seems to me
to be absolutely necessary to investigate this whole question
with the aid of a careful analysis of numerous cases.
Apart from cases of arson, we have still three main poups
of crimes committed by juveniles: crimes against pnq>erty,
crimes of violence, and crimes against chastity. This combi-
nation sufficiently proves that legislation is guilty of one-
sidedness, in that it I^s the emphasis precisely on the devel-
.opment of the understanding. Those impulses and instincts
that we have mentioned as being stronger and less disciplined
among juveniles than among adults, are not all with which
we have to reckon; to these must be added at least the
greater ezdtability of the emotions, and the desire to imitate.
The dangers of the youthful period of development are the
mote smous for public safety, the greater the extent to which
the growing generation participates in the struggle for exist-
ence. If it be true that many crimes have their origin in
external circumstances, this must show itself the more clearly
with minors, the earlier and the more numeroudy they leave
the protecUon of the paternal roof to work in factories.
Our statistics give information in r^ard to the displacement
("Verschiebung") of industrial conditions.* It is not so great
as is g^ierally supposed. It is true that in the last census
of occupations in 1895, 21.18% of those engaged in gainful
occupations were under 90, in 1882 only 19.90%. But
only certain isolated kinds of occupation are concerned in this
increase, to the greatest extent those that provided board and
lodging (2«.00 : 14.63%), building trades (21.16:16.47%),
metal industries (28.90 : 24.51%), and commercial occupations
(16.87 : 13.64%), while in agriculture and forestry, as well as in
' "Die beruflkhe und aomle GUcderung <lea deutadien Vdkca" (Statktik
de* DeutacbcD Reicbea. N. F. Ill, p. 151).
,-<,::. GoOglf
14S THE INDIVIDUAL CAUSES OF CBIUE [§ 14
miimig, the pn^rartion of those imda 20 has remained
exactly the same. Thtis, although the nomber of youthful
workm^i in the countiy has undei-g(»te no change, the increase
in tlie number of minors in factories aod in hot^ and public-
houses is most deariy seen. The foUowing figures nu^ serve
to show how f requ«itly minors are oigaged in gainful occu-
pations: in 1895 th«e were 4,000,317 persons under 90,
1,007,358 under 16, and 146,200 under 14, who were thus
iadepoidently at work; no account b taken of those who
worked only occasionally.
TABLE XXVlli'
OwTictHU per 100.000:
Yu>
W-
Wbmam
10O7
iiao
USl
12*8
1«1
Between 1887 and IBBl
«8
The figures of crinunal statistics do not prove by thansdves
that the effect of the greater partidpation of minors in indus-
trial life is injurious. But one thing cannot fail to be recog-
nized: the number of persons under 18 wbo are convicted
is increasing more rapidly than the number of convicted grown
persons.
The increase among adults (20.4%) is considerably less
than that among minors (30.5%). Since reacting its dimax
in the year 1892, however, the number of convicted minors
diminished somewhat up to 1897. Now, as industrial life
has made a tremendous advance since that very year, and,
conseqn^itty, the whole number of workmen em^doyed, and
1 BedMted from "SUt d. D«iiUcben BeidM*" (N. F. CXLVI. I. 35 and
D,a,l,zt!dbvG00gIe
§ 14] AGE 149
idso the number in proportion to minors, must have grown,
it mi^t almost appear as if crime was rather prevented than
furthered by the entrance of young people into industrial life.
VoD liszt,' contrary to his former opinion, has lately ad-
vanced this view, and has formed the hypothesis: "Under
favorable economic conditions, and when the demand for
workmen is high, a number of youths are employed in factories
as substitutes for grown workmen. There their situation is
assured to a certain extent by legislation for the protection ot
workmen, much more, indeed, than it would be today at
least, if they were engaged in home industries. When the
economic situation becomes less favorable, the boys employed
in the factories are the first to be dismissed and turned into
the street. They have lost the means of *^rning their hveli-
hood and are no longer able to satisfy the new tastes and
habits they have formed, so that social shipwreck is bound
to occur."
Unfortunately, this optimism, that sees in the temporary
diminution of criminality since 1892 a ground for the conclu-
sion that the industrial activity of minors is beneficial, does
not seem to me to be entirely justified. Here, too, it is neces-
sary, in order to see clearly, to separate the whole number of
crimes into the different offenses. We then see (Table XXIX)
that it is only the decrease in the thefts that leads us to believe
in the improvement. Otherwise, we find that in reality an
alarming increase in the convictions of juveniles has taken
place, and in particular, precisely in their most characteristic
offenses, with the exception of theft, which has increased only
8%. Aggravated assault and battery has increased 123%
per 100,000 juvenUes, breach of the peace 128.6%, insult
105%, redsting an officer 50%, malicious misdiief 65%,
' Fan LU^ "Die ErinunaliUt d«r JngoidUcheii." Lectura detiTered be-
fore the Bheiniach-WcatflUiMbeD GcfKiigiiUBeaellschaft, 1000.
leo
THE INDIVIDIIAL CAUSES OF CBIME
I§1*
{raud and embeszlement 40%, offenses against chastity
19%.'
In most of these crimes the increase is a perfectly regular
and uninterrupted one. These figures prove how dubious the
participatioD of minors in industrial life is; the boy who eariy
TABLE XXIX
PnooNB CoNVU-THu rEB 100,000 HiNoaB (» THB Civil PcvdiiIbon
(SUtiitik dea DeatMJKn Baches, N. F. CXLVI. I, lOi.)
1M«
IB8t
ISM
IBM
use
1SB7
ISSS
ists
isso
IStl
1SS«
MS
isst
Riditua to Sute M-
Ib-tejr
BR«di<4tbepew . .
CriHi ud gatwn
•wdMtclwtitr . . .
brtlay
feothitmr
FMh bionr ^u t-
fttd
Gtudlu«r
Gnwl kfwr .W. ».
-rS— : : : :
Prud
HiUacn mi«h>>( . . .
*
H
■•
11
«
M
U
4
M
M
■1
f
IS
U
w
m
IS
M
M
»
ITS
IS
w
M
SI
SI
*
. T
M
U
N
tfS
11
■t
H
ss
9
W
n
us
11
I*
4
«
«f
SO
a
w
tn
II
at
s
ts
S4
B
1(
M
11
«•
ts
tt
s«
■
H
ra
tsi
11
4«
ts
11
17
at
11
M
SS
w
IB
78
i*
SS
IS
ss
It
it
SI
sti
ss
ss
St
It
u
IS
ss
tn
IS
ss
«
tt
ss
ss
ss
AD criDM ud offoix*
■Oiait ulioul Un .
H8
sv
S78
MO
MI
JTS
MS
eit
>
«n
TSS
-
™
in life is able to earn the means of "enjoying his life," pays lor
this enjoyment by losing his blamdess reputation.
Only one point contiadicts this, the relative stagnatioa of
the convictions for theft. In the first year included in the
statistics, 1882, the industrial situation was unfavorable
(compare p. 110); this corresponded to the high number ol
thefts, that was not equaled again until the years 1894>-1892.
' The Isst figure is no doubt most inflnenced by the eridefit nmaue m
ftcqmttala on the ground of | M cl the Penal Cod^ the leanlt ol which ac-
quittals U to give sn outwardly fsvorable aspect to the ciimiiiBlitjr of javaiileB.
§141
AGE
151
Prom then on, the improvement b noticeable, corresponding
to the lower prices of gnun and the higher wages that came
with the industrial high tide. The improvement of minors,
however, owing to their greater psychic sensibility, remains
considerably below that of adults. With increased prosperity.
TABLE XXIX— (CoMtmuwi)
Pebbonb Cokvictsd pmb 100,000 Minobs or tax Civn, Pofulatiom
(Sututik dM DcutMlien Beiches, N. F, CXLVI, 1. 10«.)
ISM
lew
>SM
1300
1301
1*M
1333
IM4
1303
...
ibority
BMdi of Uh pow - .
Criwm *h1 etfXH
ttbmiauMdir . . .
I«lt
Sinvbiii^tiDdbrtUrT
oSi^ ::::
Gnad Untar wl»»-
,rS™»,' ; : ; :
Fnod
»
W
«78
IS
M
M
u
M
S3
M
I*
i»
M
Ml
n
S3
M
le
1>
w
IB
IDS
MS
37
SS
M
11
m
M
34
30
«0
13
IIS
*^
33
3i
SO
M
■0
■0
117
33
St
ae
ti
IS
lis
N
sa
(8
40
M
N
17
103
St
4S
to
tl
100
ITS
i
S3
43
13
«
to
103
tsi
30
33
t7
13
•1
IB
137
304
M
33
IS
■Oinrt uti«il law. .
TM
™
TM
»
na
™
n»
140
TtS
™
nt
«
their needs grow, and, unfortunately, not their thirst for knowl-
edge and higher forms (rf amusement only. The pubhc danc-
ing hall and the salooa grow to be habits of life aU too early;
the sad consequence appears in the increase of crimes of
violence.
But what may happen if hard times again succeed the pres-
ent prosperous period? It is always dangerous to prophesy,
but, still, I consider it necessary to prognosticate the coming
years. If it should come true, it may be considered as a test
of the correctness of the views I have just advanced. The
V.OOc^lc
152 THE INDIVIDITAL CAUSES OF CBIME [§ 14
industrial crisia will bring about a drop in wages and a greater
number <i disnussals. These diamisaalB will first affect the
youthful workmen and those who are physically and meo-
tally inferior. A part of tbem will seek to obtain by dishonesty
what their lack of employment prevents th«r obtaining other-
wise, the necessaries of life; also, however, the gratificatkHi
of their habits. If, in addition, the price ot grain should
actually rise, I assume, with Seuffert* and von liszt, that we
shall have a remarkable increase in the number of thefts.
I have allowed the above paragraph to stand as I wrote it
in 1905. In the meantime, statistics have shown that my
prognostication was right. The figures for theft, and also
those for the total criminalily, have risen to a hitherto un-
equaled bdght, and thus, also, a considerable part of our
dangerous youths have been restruned from exercinDg their
criminal inclinations by corrective training ("Fflrsorgeer-
Behung"). That this has its effect, is shown by the decrease
in the number of convictions for (Senses other than the first.
The economic crisis will have a favorable effect on the crimes
of violence, possibly even cause a halt in the uninterruptedly
rising line, but will scarcely cause it to descend perceptibly.
The yean 1889-1892, with their high price of bread, also
raised the number of thdts, but were not able to check the
rise of the crimes of violence.
If we look into the future, the prtupect is not bri^t, but
one thing gives us a glimmer of hc^. The corrective-edu-
cation law ("Ftlrsorgeerzi^ungsgeaetz") of the individual
States — which it is to be hoped will soon give way to a law
for the whole Empire — gives the State and the authorities
^>areDts can scarcely be considered), a welcome means of
preventing endangered and dangerous juveniles from living
at lai^ and unoontrdled in society. If aO the authorities
■ Loe. eA. p. 27.
L ,l,z<»i:,.,G00gIf
§ 14] AGE 153
concerned do their duty, and provide for every child that has
come into conflict with the criminal law, and whose home offers
no guarantee for improvement, a tremendous external im-
provement in the criminality of our boys and girb will be
attained; if, in addititm, all those children are included who
are in danger of falling, we can be sure of success.
How far this success will go, the future alone can show.
Its perfect completeness, that b, the real improvement of these
children, that will make of a neglected child a useful member
of human sodety, will probably often remain a "pium deside-
rium." But the gain is stilt great it all these dubious elements
are only rendered innocuous for a few years, in particular (or
those years in which criminal perils are particularly strong.
Youth resembles a very sensitive instrument, the functions
of which suffer from even the gentlest external touch. That
u true not idone for juveniles of the Penal Code: even older
boys and girls of from 18 to 21 show but little ability to resist
temptations of all sorts. Table XXX shows the share of each
age in relation to the total nmnber of responable persons of
the same age.
It is worth while, in this respect, to consider the two sexes
separately. Among young men of from 18 to 21, the most
frequent crimes are: offenses agunst chastity, petit and
grand larceny, receiving stolen goods and forgery, robbery
and extortion, and, oftenest of all, malicious mischief, —
the same crimes, that is, as those committed by juveniles.
The years from 21 to 25 show the greatest participation in
crimes altogether, manslaughter, breach <A the peace, simple
assault and battery, fraud and embezzlement. Thus we see
that at this age, to the emotional crimes and dishonesty are
added, in growing numbers, the crimes requiring deliberation,
like fraud and embezzlement; the character of the crimes of
violence, if one may say so, becomes somewhat more harm-
154 THE INDIVIDUAL CAUSES OF CRIME [§ 14
less, breach of the peace taking the place <d malidoas mis-
chief, and simple assault and battery that of aggravated
assault and batteiy. Between iS and SO the climax is
reached for murder, for coercion and threats, and also tor
procuring women for prostitutioa; at this age the procurer
thrives. With advancing age deeds of violence grow less,
and, probably in connection with the occupation, the offenses
that come into the foreground between SO and 40 are break-
ing out of Jul and insult, whOe between 40 and £0 it is vioU>
tion of oath that becomes prominent.
The weakening body becomes unfit for all those orimes in
which physical strength and skiU are oecessaiy; there is leas
energy, and finally, in advanced age, but little crime occurs.
Thus, for instance, while grand larceny reaches its hi^iest
point between the ages of 18 to 21. after the seventieth year
it sinks back to the 150th part, in relation to the same
number of reiqx>nfflble persons of the same age. So mudi
the more striking is the high number of convictions for in-
decency and rape, which at this age nearly equals the fourth
port of the convictions of young moi in the most vigorous
age (18-21). It should be distinctly emphasized bae, that,
with few exceptions, such cases are due to pathological coa-
ditions. In our climate sexual desires usually cease at mxty
years; it is very rare for them to be found at a great age.
£veiy man over seventy who is guilty of such an offense
should be made the subject of a psychiatrical report; in that
case most of them would not find their way into pristm, but
into the insane asylum or home for the aged, where they ri^tly
bdong. Among all those whom I have come across I have not
found one who was mental^ sound; in every case there was
pronounced senile decay.' This view is also supported by the
> A»diafftiiinire, "Znr I^TcboIogie iex s; ttlw4>fc»iit« wri»M.lM*" QtfSehr.
Erim. P^ch. n, 4M).
. ,;™:,C00glc
§141
Hi.
Hi
■no to woatiotj^
liJiiiiiP i35ii|il5S
H||
lllPSS'- ssiaasas--
mm
illlllilii mr^im
3si||aJaS- s-i-asiss--
35H2
IP Piii||5|i
88S
88SS8S3S8^ S1t^3.S8.||
SJSISSiSgS sliSSSSS/tl
§||||||§|! i!S:ii3|IS
■ sax
li|||||iii iiliijiiii^
1^'
8s> ■ ' =
. . . t J 3. J t
ssas laifsaassss
/DiailizodbvGoOgle
156 THE INDIVIDUAL CAUSES OF CBIME [§ 14
fact, that most of these dd men have led bUmdess lives.
Among the 303 moi of 70 yeara and over who were convicted
between 1897 and 1899, 216 had never before been punisliedl
Among women the conditiMis are ali^tly shifted; a v^y
dangerous age with them is betweoi 18 and SI, when all kinds
of crimes arising from dtahonesty, eapecially petit and grand
larceny, embeszlement, fraud, and forgery are committed.
Betweoi the thirtieth and the ftntieth year violence reaches
its ctimaz, especially assault and battery, resisting an officer,
malicious mischief, and indudng women to prostitution. In-
stead of the men-procurers, we have the women keepers of
brothels, and landladies, who nuuntain the nmnber of con-
victions almost at the same height even for the nert decade.
To these, however, are added, also, the insults and breai^ies
of the peace that frequently result from quarrds in tene-
ment houses, violation of oath, coercion, and, finally, re-
ceiying stolen goods. Whereas, among boys, it is generally a
coyrade who acts as the receiver, among girls it is often an
agcJ w(»nan who makes a business of the practice, and —
unfortunately — it is frequently the mother yrbo recdves the
godra and supports her children in their thieving.
Adnrding to Quetelet,' "the inclinaticm to steal is eariiest
devel^'^ed, and, in a manner, controls the man all his life.
It is & ?t active in the family drde, and thus thievoy in the
househojji is developed. Then the youth also turns his atten-
tion to (jdier spheres, sometimes resorts to violence, and does
not even tstop at murder. This latter phase, however, is pre-
ceded by}Uie inclination to carnal crimes, that is so strong
in youth.N nd that goes hand in hand with the heat <rf de^re
and the ex« esses that accompany it. The youthful criminal
first seeks hW victim among those lea^ capable of resistance.
' Quettiet, "PScaqae kkmIc on enu mr le d^vrioppemeilt det bcnhfa At
" 18SB, n, p. !
\ L ,i,z<,i:,.,Goq^lf
§ 14] AGE 167
Be then comes to the crimes that are committed with calm
deliberation. The man who has become cooler simply de-
stroys his victims by mmder and poison; the last phase is
characterized by deceit and cunning, which take the place
of strength. Avarice awakes anew and leads the criminal
to falsifications; now be seeks to strike his enemy in the dark.
If aezual desires still exist, such men seek their victims among
weak children; to this extent there is a certain similarity
between the first and the last steps in the career of oime."
This description does not entirety agree with German
statistics and is apt to produce a false impression, inasmuch
as it is very rare to find an individual who has led the whole,
or even a part, of this criminal career. The distributi<») over
the different ages corresponds much more to the different
stages of physical and mental devel(^meDt and the way in
which they are influenced by the external conditions of life.
A young fellow, when he steals, is much more likely to depend
on his phydcal agility than an older man is, and the latter,
therefore, prefers to steal only when opportunity offers, or
to depend more on fraud and embezzlement. For the same
reason, when he quarreb, he will rather rest satisfied with
mere verbal abuse than try his strength with the other; in
tbis connection it must also be taken into consideration that
alcoholic excesses, accept where habitual drunkards are con-
cerned, decrease with advancing age.
The whole method of considering ages does not, neverthe-
less, afford us a deep insight into the etiology of crime, except
in the case of the very young, and, to a certain extent, the very
old. But what experience with juveniles teaches us is so much
the more important and instructive, because it shows us what
dangers attend the age of adolescence, and where the lever
must be applied in order to keep the annual crowd of juveniles
from the first step in a criminal career. .
L ,l,z<»i:,.,G00gIf
158 THE INDIVIDUAL CAU^S OF CRIME [§ 15
§15. Bez
The criminality ctf moi and women shows lemaricable differ-
encea (Table XXXI). Certun offenaea, except aa regards
bong an accessory, which is relatively rare, are only possible
for one ot the two sexes because of thor nature, as, for instance,
infanticide jC$ SIT) with women, dueling, illegal marriage,
rape, avoiding nuHtary service, with men. The abandonment
of children and criminal abortitm are also, for obvious reasons,
more frequ«it among women. Apart from the fact that in
moat cases it is the woman who has to bear the greater care
of the new or unborn, generally illegitimate, diild, it is prob-
ably much easier to prove a woman's partidpation in a case
of abortion than a ntan's. On one point we must not deceive
ourselves: the number of convictions for this crime bears
no relation whatever to the frequency of the offense; it
merely shows, as Lewin ' says, "the greater or leaser skill with
which abortion is concealed."
Convictions for procuring women for proctitutifni aie strtk-
in^y frequent among women. This is partly due to the fact
that prostitutes ate much more inclined to help their men
companions out of a dilemma in court than they are to aid
the women who ke^ brothels or rent rooms. But we are not
justified in taking this offense all too seriously. Frequently
the wonken concerned keep bouses for roistered prostitutes, — ■
hence, with the consent of the police. If such a woman offends
a neighbor, who is probably no better herself, the latter may
report the case, and the public prosecutor is then obliged
to proceed, and the court to convict! As regards this offense.
too, it need scarcely be repeated (compare p. 96) that the
rarity of convictioD is out of all proportion to the frequenqr
of the crime.
* Ltviit, ke. eiLp.fn,
L ,l,z<»i:,.,G00gIf
§ 15] SEX 159
In all other offenses women's criminality is far below that
of men. The woman tliief and receiver of stolen goods is
comparatively frequent. Apparently tliat is the kind of dis-
honesty that their nature and manner of life make most easily
possible to than. They lack the phyncal ddll and the
TABLE XXXI
NvuesK or Addu Wohmm Comtictbd m IMM pmb 100 Aimur Mim
CoNVlC7K>
Indudng women to p ro rtituti im ff<a the iTMr 1907) .... 7S.S ■
RccMring atoIeQ goodi M.ft '
niaoo bnacli 87.8 .
Petit laroenjr 31.4
~ ■ 1»JI.
n*iid
Sinqde Mwnlt Mid battcay . .
&c*di of the pewN
Asgnvated uaBslt utd battoy
GnndlBNeny
Mkliciou* nuacbief
Cocraoa and thtesla
RtAbery and fxtortion 9.0
Indecent MKulta tm duldrai, «tc 0.48
courage to break and enter; embezzlemmt and fraud prosper
better in commercial pursuits, in which wom«i are relatively
less engaged than are men.
The infrequency of assault and battery and malicious
nuschief is due less to their lack of physical strength than to
the fact that they are less given to drinking than men. A
drunken woman, too, is more apt to express her fuiy in verbal
abuse than in a direct attack. I hesitate, however, to trace
the frequency ot insults to this rare source. The cause is
160 THE INDIVIDUAL CAUSES OP CRIME [§ 15
rather to be found in the greater sensitiveness of the woaian,
who is onJy too apt to think that some unfriendly remark
casts a reflection on her honor, and replies with an insult;
the constant friction between the inmates of large teDemmt
houses is also partly to blame.
RnaUy, another specifically feminine offense is false accusa-
tion. Though the number of such offenses committed by men
is greater than that of those committed by women, yet we
must not overlook the fact that women are kept from conflicts
to a much larger extent because of their work at home and
their domestic seclusion. The act of which persons are oft«i
falsely accused is a sexual attack, and the victims of sucii
false accusations are frequently clei^ymen and [^sicians.
The accusation is not alw^s a pure iavention; sometimes
hysterical ddusions and misundostood pathological sensa-
tions are at the bottom erf it. It occaaonally happms that such
an accusation is made after narcosis or hypnotism, when oniy
the presence of a second person can protect the i^ddan.
On the whole, it may be said that women's crimes bear
rather the character of i nsincerit y, those of men of brutality.
We have reason to be glad that the number of convicti<His,
compared with the total number of responsible women,
shows but an inconsiderable increase, 15% less, in fact, than
the increase in the convictions of male individuals in two
decades (Table XXXU).
The importance of this stagnation in women's criminality
must not be underestimated; above all, because <A the eco-
nomic significance that an accumulation of female convic-
tions would have. This fact seems to me still more telling as a
proof that women's greater participation in economic compe-
tition does not mean greater criminal danger. Embezzlement.
fraud, recriving stolen goods, have all decreased, in spite of
the fact that more and more women are engaged in industrial
_ Cooxic
§ 15] SEX 161
and commercial life or as working women. The geogr^yliica)
distribution also shows us that the industrial districts are,
for the most part, below the average, as r^ards women's
criminality.' It is not the work in factories and shops that
produces crime, but its accompaniments, especially the taking
part in amusements and carousals. The increase in crime
among men and minors, and its stagnation among women,
can only be explained by this difference in the mode of life of
the two sexes.
TABLE XXXn*
CunvurnOm PBR
100.000 Aoora o
r THiSAiaSMi:
YM-
M-
w™
17M
8001
ISW-lWl
SH
19J%
s%
A few words must be said in regard to the question whether
the lesser criminality of women is not perhaps explicable by
the fact that prostitution claims a lai^ number of criminal
women. Lombroso* positively asserts: "If cases of prosti-
tution are included in the criminal atatistica, the two aexea
are at once placed on an equality, or the preponderance may
even be thrown on the side of women." He himself, indeed,
contradicts this sentence when he speaks of the large number
of convicted juvenile girls (only i% in Germany, by the way)
as being derived from the "prostitutes not yet of age," and
further, when he emphasizes the high criminality of prosUtutes.
' Compare in thii coonectioa Mkp IP m tbe SUtiitics of the Genn&n
EmiHrB, N. P. CXLVl.
> T*kea from the Statistia of the Gcnwm Emiure, N. F. CXLVI, n, 87.
* "Crime: it* CauMs and Remedica," p. 180, "Hodera Crimiiwl Sdence
Series"; Borbm, traiu.
..Coo^^lc
162 THE INDIVIDUAL CAUSES OP CRIME [§ 16
I also bdieve it is tnie thst ve may aotDetimes see in the
proetitute the equivalent of the criminaL Blany a yoang giri
vould resort to stealing and embeszlemait in order to gratify
her desire for pleasure and dress, if prostitution did not afford
her an easier and more profitable means of satisfying her
wishes.
NevwthelesB, I do not bdieve that it is the male thid,
street robber, at totget that corresponds to the prostitute,
but the b^fgar and the vagrant. Onl; in a very shght d^ree
do prostitutes possess the qualities that are essential to the
carrying out of graver crimes, to deliberate, purposeful actiofi
(p. 9S). In general, they axe apathetic persons, li^/-lHng in
eneigy and frequently somewhat weak-minded, who would
not, indeed, stop at crime if occasion should offer in a tnnpting
form, just as the tramp does not disdain at times to lay hands
on others* property. But on the whole, beggars and vaga-
bonds, as well as prostitutes, shirk energetic action.
At present, then, I can see no reason for r^arding prosti-
tution as a kind of criminal safety valve which allows the active
dangerous inclinations of womm to find another outlet; H
is rather a substitute for the relatively harmless b^gar and
tramp.
§ 16. Sonuftie Statu '
Judging by von Oettingen's' experience, the number of om-
victed persons b nearly everywhere greater among the unmar-
ried than among the married. He sees in this "a proat of the
elevating power of family life, in spite of the fact that the
cares of occupation and of providing for the family are nuse
numerous in this case. But within the sphere of regulated
domestic and business life such cares have a beneficial influ-
ence; they prevent ^coesses." In contrast to this, the aim-
> Loe. eiL p. SM.
L ,l,z<»i:,.,G00gIf
§ 16] DOMESTIC STATUS 163
inal statistics of the German Empire point out that "great
c&ution must be used in deducing anything from the influence
of domestic status on criminality." *
Our statistics divide criminals, according to thdr ages,
into three groups only: from 21 to 40, from 40 to 60, and 60
and over. In the first group, in 1901, tlie unmarried, widowed,
and divorced predominated aa regards most offenses, those
excepted bdng prison breach, insult, simple assault and
battery, coercion, embezzlement, recdving stolen gooda,
extortion, and forgeiy. Betweoi the ages of 40 and 60,
robbery and violent extortion are the only exceptions in
favor of the unmarried. Otherwise, the criminality of the
married is conaderably higher. linally, among old people,
married criminals predominate over unmarried, except as
r^ards indecent offenses, grand larceny, fraud and arson.
We get an entirely different result If we divide these groups
according to sex; I give the most important figures, taken from
Primdng's* calculations, in Table XXXIU. The bringing
of the figures into relation with 100,000 persons of each cate*
goiy, and the adoption of a twelve-year period, guarantee the
rdiability of the conclusions. Thus considered, the figures
show undeniably that marriage has a favorable influence on
men. This does not iq>ply to those who marry as early as under
25 years; they commit a large share of all crimes. One of the
external causes ia undoubtedly the poverty that so often ac-
companies early, heedless marriages. In such cases a young
and immature fellow, who is scarcely able to earn his own sup-
port, takes upon himself the care of a wife. Often numerous
children are bom, who add to his burden, and the direct
result is that he lays hands on others' property. Moreover,
> "SUtutik dcs Deutachen Beichea," N. F. LVm, II, p. 18.
* Prinmig, "Die EiMhung der KrimiiisliUlt des Wdbes durch £e Ehe"
("ZcatKhrift fUr SouBlwinenschsft." 1900, m, p. 4S3): "Der EinfliM der
Ebe BuT i& KrimiuIiUt dea Mmwcs." Ihid., ISW, II. p. 37.
.,K.«IC
164
THE INDIVmUAL CAUSES OF CBIME
[§18
at this age men are not apt to stay at hoioe with their wives
and children instead of going to the public-house, as the lai^
number of them that are convicted of simple and aggravated
t and battery shows.
CoaTteliooi
cat^ory:
TABUG XXXm
(Ajtks PBiHiiiro)
t G<Riwii7 ISaS-lSBS per 100,000 iims and i
Au-Cmaat
BuufsorTu
I»DU
A<un» An>
AsiOnnw
Pud
Bi^Si^.. I
^a^
s
8
S
g
1
1
II
3
1
1
M
i
1
L
1
1
I
Hd
U-Ujan
...
l*-I» ~
IMM
,..
IWl -
Miis
«m:j
'.'.'.
iij
MM
WWJ
«I-M -
glOT*
«wu
1T»^
nu
ITS.*
>nj)
MM
M.l
IIM.!
«MA
UM.T
(siaT
A.S B«.a
»«.*
Ml.'
m.1
nsi
ai>-«a "
itnjt
IWJ
iBT.r
rjTj
n&i
411J
«Ma -
imx
■MM
M.0
iSi
MO.T
SlU
•H.I
1M*«
mtM
W.O
ui
»ij
m.1
«T.T
IBTJ
IU.1
1W.<
O««0"
WOMMM
«M
MO.l
MtJt
lU
(M
•M
IIM
MJ
aij
w.*
OJ
l*tJ
...
ia-i8 "
S«OJ
...
ii-»i "
*us
•ni
UJ
MJ
mI*
•7.»
n-« -
«a»j
«^
igj
»!(
MJ
U.T
'm.4
W4J
lUM
8^
HJ
*4jI
MA
WTJ
»!t
BBJ
>(M» -
4MS
aoo^
UMJ
11.1
W-l
tt.t
SlJ*
3H.T
MB.*
IQ.S
tSJ
«j
mtA
US
fMJ
MM
8J
US
4>.S
9tM
TT,:
IM
a»^
o««-
IM^
UM
Jl
41
tM
tJl
■4.1
_2j
With increasing age, however, the criminality of married
men decreases. Partly, perhaps, because improvident mar-
riages are rarer among older people, and a la^er percoitage
of the married belongs to the well-to-do and educated class.
Another reason is, that older men are more likely to stay at
home, partly because th^ lack the means for nnnecessaiy
expenses, partly because the pleasure they take in their own
L ......Coo'ilc
S16]
DOMESTIC STATUS
165
homes aod thdr own familiea compensates them for staying
away from the public-house. Another fact that probably
contributes to the significance of this change is, that their
criminal past and their preference for the life of a thief, a
TABLE XXXUI — (CanfMiiaQ
(Afteb Pbincino}
Convictinu in Gvnuaty 1SS1-189S per 100,000 meo
PanrLucBi
Jfi^OT
r~*^
F„„
ua>
ss?
Ana
1
1
S
II
1
1
il
1
1
S
1
1
8
II
1
1
8
11
It-W "
W-«l "
Cl-M -
ao^w -
Ot«W-
WOMM
■•-i5r«ii
15-18 •■
19-ai -
«1-M "
M-ao -
*)-« -
M-M "
WMW "
OrtntO~
»i.T
iw.t
iM.a
uisj
IM-O
IM.O
«4.4
JtTJ
ni.i
V7.I
BS.<
18.11
48.0
tt.S
a!*
fl.t
0^4
77.7
«.7
s.o
9.J
7BJ
«.«
S8J
IS.I
t.l
0.4
M.0
M.t
»^
IS.4
».t
11:4
70!l
oil
is!*
Ki!s
*s.»
s.s
•1.8
IS
5t.t
ta'.t
117.4
144.S
in.o
«7,B
tt.t
M.0
91.1
ttO.D
9U
4s!l
18.(
lS-7
Bs!l
tBS.4
[♦4.8
■*.7
1.S
MM
8s]<
M.T
T.l
0.1
a. 7
8.8
4.*
MIJ
«M.7
88.*
>:>
14.«
ll.«
a.*
i!s
tramp, or a drunkard, is in many cases the reason that the
unmarried never marry, and thus they influence unfavorably
the number of unmarried criminals. That a man is neces-
sarily, as Prinzing believes, favorably influenced by living with
a member of the female sex, in which criminality is much
lower, does not seem to me so certain.
When we see how much higher the criminally of married
Coogic
166 THE INDIVIDUAL CAUSES OF CRIUE [§ 16
women is tlun Uut of unmamed, it almost seems as if this
were due to the intimacy of the married woman with the man.
whose criminal inclinations are more pronounced. We mi^
naturally assume that the mairied woman, who is supposed to
be "provided for," would be less liable to ^igage in criminal
activity. But this b not the case, above all as regards young
women, who up to their twenty-^rst year are re^^xMisble for
a lai^ number of the thefts committed. later, however,
theft, in particular, is rarer among married than among
unmarried women. Partly, probably, because in later yean s
married woman is gmerally able to depend on her husband for
her duly bread, and because older women of the poorest dasses
are often able to live on astonishingly little. When a mature
married woman transgresses, it is goierally as an anxtaaary, a
receiver of stolen goods, or an offender against trade rc^olatkHis.
Convictions for assault and battery, for bread of the
peace, for insult, increase among married women. Frinxing
connects this with the practice of drinking. "In many places
it is CQstom&ry for a woman to accompai^ her hosband on
Sunday when he goes to the public-bouse, and, although
this is often the best way of preventing his drinldng to excess.
yet it sometimes haiq>ens that the woman is drawn into the
dreadful vortex."
I admit this, but would lay much greater stress on anotho-
source of these crimes. Almost without ezceptioa I have found
that insult and breach <A the peace were the result of two
or more women's living together. In the large texiement
house, the use of common passages, gardens, yards, cellars,
and storerooms is the source of endless disputes and friction.
The relations between the parlies gradually become mc»e
strained, until some trifle, frequently an act of one of the
children, gives rise to a scene that often cuds in insults and
an assault.
DiailizodbvGoOgle
§ 16] DOMESTIC STATUS 167
The proof tlist it is not the gravest crimes for which married
women are responsible is consoling, but not so the fact that,
on the whole, the criminality of married women is increasing
while that of unmarried women is not. This increase of crime
among married women conespoods to the spread of the causes
of their principal offenses. The more women frequent public-
houses, and the more lai^ families are packed together in
small spaces, the greater is the danger of conflicts. If we
could prevent women from becoming more and more regular
patrons of public-houses, and if we could introduce single,
instead of large, tenement houses, the criminality of the mar-
ried would soon fall below that of the unmarried, and the
beneficial influence of family life would appear. I wish es-
pecially to emphasize, however, that, even if these external
conditions were favorable, it would still be necessary for us
to do everything possible to prevent too early marriages.
The greatest danger lies in them; imfortunately, the law does
not permit us to hinder the marriage of those who are physi-
cally and mentally immature and of those who are econom-
ically incompetent. The reduction by the Civil Code of the
age up to which the parent's consent is necessary, from 25 to
21, was a great error from the standpoint of criminal policy.
A remarkable phenomenon is the h^ criminaUty of the
widowed and divorced, which is lower only among those
over 60 years. I must confess that I know of no explanation
of this. Prinsing thinks,' "the loss of the husband or wife
often produces a mental disturbiukce in the other spouse;
we may also suppose that many widowers find it difficult not
to lose their moral balance." It is not clear why this latter
should be so, particularly as we find the same high criminality
among widowed and divorced women. It would seem more
probable that some marriages are dissolved because of crim-
' Loe. eit. p. ItS.
L ,l,z<»i:,.,G00gIf
168 THE INDIVIDUAL CAUSES OF CRIME [§ 17
Inal acta, so th&t later crimes are only a continuance of the
former mode of life. It is an error, however, to bdieve that a
widower (why not also a widow?) frequently becomes insane
owing to "grief." If this does occur — I personally have never
known of such a case — it must be only as an exertion,
without any bearing on criminal statistics.
No explanation can be given at present. light might pei^
haps be thrown on the subject if the widowed and divtnced
were considered separatdy.
§ 17. The niTsieal Ohanetetistiw of th» Cximinal
The question whether psychic qualities appear in exter-
nally visible phenomena has always attracted thinking m«i.
The temptation to seek for such external sgns increases wHh
the consciousness of bow difficult it is to decipher a man's
character. Common experience of the ease with vbicb we
mistake others' thoughts and feelings positively cries out toe
objective signs to supplement our subjective judgment.
The problem is still unsolved. The names of Lavater,
Gall,* Spurzheim, and Lombroao, as well as the interpretation
of handwiiting, represent efforts that are as various as they are
different in value for finding such signs. Nev^thdess, we
are far from knowing rdiable extomal signs of qualities of
character. Hitherto all efforts in this direction have been in
vain; they failed because the value of the few detmls th^
discovered was always exaggerated.
Lombroso's teachings have always been defended with more
heat than objectivi^, and it may be asserted of many of his
opponents, that they have carried on a bitter fi^t against
' Gall ii by DO means merdy a virionarj' at a swindler u many tctatSEst
him to be In tact, much credit i» doe bini for hia study oi the anatomr at
the brain, cndit that has been lorgottcn in the justified BtUcks «i bis phren-
ologr- Compare irsb(u,"Vber die Anlage snr HatlMmati^"L^psig.tMO.
Job. Ambr. Bwtb. p. 197.
i
. ,l,z<»i:,.,G00gIf
§ 17] I^YSICAL CHARACTERISTICS OF CRIMINAIS 169
him without having an absolutely clear idea of His doctrines.
It ia not so easy to form a clear ides, because in course of
time he changed many of his original assertions. Bat to
reproach him with having done so, seems to me entirely with-
out justification; some of his untenable earlier statements
gave way to better knowledge. Of one fmligg, however,
Lombroso cannot be acquitted, of a aurpri sing htck of critical
faculty. He makes use of accurate and careful measurements,
anecdotes and proverbs, statistical data and subjective im-
pressions, inscriptions written on prison walls from monotony,
observations of individuals and phenomena of masses, with-
out <<iirtingtii«liing sharply between what is important and
what is unimportant. In his later editions numerous statistics
are repeated which are undeniably erroneous. This lack of
reliability is due, in part, to the multifariousness of his pub-
lications, which made deeper and thorough study impossible,
but it is probably owing to natural superficiality.
It would be unjust, however, to judge him only by his faults.
Th^ have wnply made it ea^ for his opponents to stamp him
and his doctrines as unscientific. I consider Lombroso's the-
ory of the bom criminal erroneous, nor do I agree with many
of his assertions, but, just because I count myself among his
opponents, Z think it necessary to declare that, without him,
crhninal psychology would never have made the advance the
fruitful results of which we are now gathering. I must
acknowledge that Gaupp' is right when he says: "The
researcher (Lombroso), with his wealth of ideas and his
intuition, is a scientific phenomenon in whom much light
and shade are united; the genuine kernel of his doctrines
will long outlive the achievements of many of his sharpest
Of^wnents."
> Oaupp, "Dbs dm heutiga SUnd 6a Lehre vom 'geboiCDca T«^
twecbcr'" (HSdu-EiimPq'c^ I. 39).
170 THE INDIVmnAL CAUSES OF CRIME [$ 17
Kurells,' Lombroao's most faithful adhermt in Gennaiiy,
tliua simu ap tlie latter's doctiioe ot the "born criminal":
"Thia hypothesis supposes that all true criminals possess a
definite causally connected series of physical characteristics,
anthropologically provable, and psychic charactraistics, psy-
cho-pbysiologically provable, which abaw them to be a partic-
ular varie^, a special anthropological type. This aeries of
characteristics necessarily makes its possessor a — perhaps
undiscovered — criminal, quite independent of all the social
and individual conditions of life."
Lombroso denies nather the significance of the individual's
acquired charsc^teristics nor that of social influences, he does
not dispute the existence, either ot criminals of passion, or of
occasional and habitual criminals. In his last work * the dis-
cussion of external causes even occupies by far the most
space; the anatomic^ characteristics of the "ddinqumte
nato" are almost entirety lackiiig. Yet he tenadously holds
to his theory that about 35% of all criminab * are bom ctiiih
inals, and that they bear numerous nutrVH that differ fran the
normal.
Before we proceed to examine the correctness of these views,
especially in their further development, which r cpnacn ta
the " uomo dellnquente " as a peculiar, atavistic type, we must
review what we know of the body and mind of the criminal.
This is more difficult than it seems. Precisely in this field
of investigation a tremendous amount has been produced:
dilettantism works mde by ^de with careful and critical re-
search, and it is the more difficult to obtain a dear view be-
cause we are ctmcemed with the most complicated questions
imaginable. We have iro canon o f - ^e norg jal man by iriiich
> KvnOa, "Nattiigcachiclite dn ViabnAaa," p. 2.
■ Lombroio, "Die UrMdicn and B^Impfimg dM
» Ibid., p. sste.
. iiizodbvCoogle
§17] PHYSICAL CHARACTERISTICS OF CRIMINAIS 171
to measure all deviations. We cannot simply compare the
GrermaD with the Italian, the Northerner with the Southerner,
for it needs bat a glance to convince us that the average type
of the Lombards or of the tall and vigorous people of the
Bomagna is far removed from that (tf the small Southern
Italian. On the other hand, intermarriage between the
races has resulted in a vast decline of the pure national type.
This makes it even more difficult to adopt a type with which
the criminal can be compared.
A furtlier obstacle lies in this, that we cannot ea^ jly ^T^tAJn
indisputa bly nom ^^gifltf "aLjgi- '^^P^""'" ^<>'i V^ >
raiment of soldiers, for instance, even if we leave out all who
have already come into conflict with the law, and all fif ques-
tionable mentality — who are not lacking in the army —
it is still a question whether, among those that remain, some
are not criminally inclined. Many a man whose evil deeds
are by no means slight has escaped criminal prosecution, and
many another has only external and fortunate circumstances
to thank for it that his criminal tendencies are active in a
sphere that lies outside the criminal code.' _
Most serious of all is the fact that we are unable exactly
in fjpfinp ytiat must be recognized as a m^^jifjlegeasistion.
Eraepelin's * de6nition reads: "We are accustomed to r^ard
certain defects in development which occur with some fre-
queiM7 among those of unfortunate heredity as physical signs
of hereditary degeneration ('stigmata hereditatis')." But
it is difficult to define the sphere within which all deviations
in development must be r^arded as still normal,
Naecke* is quite right in pointing out that we cannot
■ Ptmatu, "DeUnquenti scaltri e fortwutd," Como, IS97.
* KTorpdat, "Vty^Xnt." Tth ed, IMS, Joh. Ambr. Bwtb., Leipng, L
' JVoMtt*. "Dtgenentjon, D tganeta lioiiM rid itai and Atevinm'* (Anbi
jbim. Anthr. I. S02}.
. ,l,z<,i:,.,G00^lf
172 THE INDIVIDUAL CAI^ES OF CRIME [§ 17
r^ard as a sign of the degenaatioD of the nation in question
anything that is ethnically conditicMMd. The conceptkn
" mark of d^eneration " must alwi^ be determined in relation
to time, place, age, and sex, and a oertun margin for devi>
ation from the average must always be allowed.
It is less important for us wheth^ tlie deviations from the
average structure of the body, and d^ects in the devdofHucnt
of its oigans, are really to be looked upon as degenerative
pbenom^ia or as anatomical variations, as Stieda asaerta.
Among insane persons, criminals, and healthy persons, we
find a varying number of anomalies, book <rf i^iich iHing about
a considerable functional dUtorbance in the oigans affected.
We see that such malformations and deviations from the
average type are rare among healthy persons and nmnenHU
among insane ones. We find, further, that th^ are most
pronounced vhere injurious influences, akxdudic e xo ewes
of parents, for instance, have affected the chUdien; and
finally, ezperioice teaches us that persms in whcHn several
of such anomalies are found are ther^y rendered inferior
and less capable of resistance. All this justifies ns in '■yJl?*^
these disturbances in the oi^anism marks of degraeration, in
the clinical sense.'
In 1890 Lombroao* asserted that in the course of a few years
the criminal-anthropological school had ezamined 54,IS1 in-
sane, criminal, and normal persons. It is particolarly diflS-
cult to select the useful material from this abundance, because
the results are often sharply and irreconulahly contradictory.
Precisely in the sphere of physical examinations I have no
systematic investigations of my own at my disposaL I be-
* NtdM, "Cber da Wert der ■ogwanntwi Daymt ki u MMt^M "
(KGchrKrimPiydi. L SOS).
■ LomAmio. "TTiiii riiiliiliiilli in iliii VuliiiilMiiliiiHin". liiiJilirihj
Mtrian, Gen. 189(1. C. B. GrieAuh.
. ,l,z<,i:,.,G00^lf
§17] PHYSICAL CHARACTERISTICS OF CRIMINALS 173
Heve, however, that it is passible, without quoting too many
detiula and figures, to give a sununaiy of the present status
of such research.
The brain and the skull claim our duef interest, the brain
as the seat of the psychic functions, the skull because it is the
key to the me and appearance of the brmn. The latter is so
complicated in structure that it is undoubtedly difficult to
determine the boundaries of the normal. Even its most ex-
ternal quality, wdght, varies greatly. Welckei established
a weight of 1S88 grams as the limit of the normal. A later
investigation undertaken by Handmann ("Archiv tUr Ana-
tomic und I%ysiologie," 1906, p. 1) also established 1S70
grams as the average weight of a grown mao's brain. But
while many eminent men had considerably heavier brains
(Cromwell, Cuvier, Turgenieff, Byron, Schiller, Volta, and
others) many who were not less gifted had brains weighing
considerably less (tor instance, Dante, the anatomist Dsllinger,
Gambetta, GaU). The heaviest bruns that Bischoff ' himself
observed belonged to ordinary and unknown workmen, and,
lately, a br^n weighing even well over iMWO grams has been
found in an idiot. This is the best proof that it is not the
outside measurements and weighable qualities, like size and
heaviness of the brain, that are of importance, but its
gtructiye.*
Within the margin of the normal, the structure of the hrain
differs to such an extent that it is di£Bcult to judge of the value
of striking deviations. Moreover, a perfectly regular fonnation
of the brain is no proof of mental health. Outwardly the brain
may appear to be perfectly normal, but we may occasionally
find serious changes in its cortex which cannot be combined
* Bitdioff, "Du Singewkbt dea MenKben," Bonn, ISSO^ p. ISS.
* Drasuke, "Gehirngewicht mul Intelligen*" (Aichiv tOr Raaaen- nwl
GcMlbcluftdiiologie, 1W6, p. S18).
L ,l,z<»i:,.,G00gIf
174 THE INDIVIDCAL CAUSES OF CRIME [§ 17
with mental health.* Often oeither a macrosooiHC tMH- a
microacopic examination will disclose defects, althou^ the
possessor of the brun unquestionably suffered from a senoos
mental disorder. I mention this espedally, because enooe-
ous ideas about the results of post mortem examinations often
exist. They sometimes enable us, especially microscopic
examinations of the cortex of the brain, to say definitdy
that disease existed, but never to a£Snn with ccrt^ty that
the brain was healthy.
According to Benedikt, Mingazzini, and others, the signifi-
cance of the deviations in the configuration of the brain sbonld
lie in this, that within the margin of variatiou the brain^
convolutions found in criminals show atypical and atavistic
formations much more frequently than do those found in
normal individuals. A R usaan anatomigt r-Semoff,* has latdy
made a special study of these deviations; his explanatioiis
deserve to be held in the highest esteem, because he has long
devoted himself to the subject of the brain. He rejects most
of the anomalies described, becwise he shows that, atthou^
they do, indeed, occur somewhat more frequently in criminals
than in others, yet th^ are to be r^arded as variations <A the
normal type of convolution. There was oDe excqitioo to v
this rule: the sqtaration of the calcarine fissure from the
occipito-parietal fissure was found in 1% of the brains <^
normal persons, in 8% of those of criminals. Semoff admits
that this combination (rf convolutions "forcibly reminds one
of the relations in microcephalic individuals and certain repre-
' According to Kraepdin ("PiyduBtrie," 7th ed, II, S23), "In two cue*
of coogtnitkl obtuae lack of feeling, which in both cases led to muider and the
guiDotine, Niial found nnquestkiaable chrome chutgea in the ceili of the
cortex, a proof that in people who, like theie two, are not teguded aa inBne
but as taotally corrupt, a pathcJogical conditimi of the brain may be foood."
* Ssmoff, "Die Ldtre Lombraso's ond ihre aaatomiacJien Gnmdlagen im
lichte modemer ForKhung" (Biologiacbes ZentralUatt. XIV, 90S).
§ 17] PHYSICAL CHAKACTEEISTICS OF CRUnNALS 175
sentatives of the animal kingdom, and that it has long been
regarded as an atavistic phenomenon."
All other deviations in the brain and skull Sernoff either
denies outright or strips of their significance. Thia applies,
above all, to the relative smallness of the frontal bone, or.
rather, of that part of the frontal bone that covers the frontal
lobes of the brain. The tact that the average value of this
part of the skull is lower in criminals than in non-criminab
is confirmed by Semoff; but at the same time he points out
that there is no fixed relation between the size of the frontal
bone and the brain lobes, that, on the contrary, a smaU fore-
head often contained a frontal brain above the average in fdze
and vice versa.
TABLE XXXIV
F«»ni.
Pbom.
SS^
40.4%
11.8%
1.7%
Still another assertion of the Lombroso school is recognized
by Semoff as correct. "The relatively strong development'
of the skeleton of the face with the resultant prognathism
(protrusion of the facial part of the skull) and the receding
forehead." These deviations are clearly shown in the two
drawings taken from KureDa's book.
In Table XXXIV Kurella's summaiy of the frequency
with which these deviations are tomid is compared with
Baer's calculations.
I have purposely compared precisely these two authors
■witb each other: Kurella who for years has been an eager
and gifted adherent of Lombroso, possessing an unusual
knowledge of the literature bearing on the subject, and who
v.ooglc
176
THE INDIVIDCAL CAUSES OF CRIME
[§17
represents Lomlooso's teachings in Gemuny, and Baer,'
who, as an opponent oS the tlieory of the bom criminal,
has based his vietw on particulariy careful investigaticau
of his own. Baer, abo, as we see, oonfirms the fact that tliese
deviations occur frequently.
(Dniringi bom KmcBk.)
Hm u^ ifg if wed to meunre to dope of tiw totdtMd, the u>^ bBm
to mMmre the pn^iuithism, which a ueea eztomlly ia the pronoaDcal pvo-
jectioD of the \rppa j«w and in the protruding teeth. Ilkeae aaoniBliea aie
ncnaOy comlNDed with inonuneDM c( the orUt*! curve.
The size of the skuU has been the object of many detailed
investigations. Knecht's ' figures and Baer's do. indeed,
differ, but they enable us to perceive that unusual^ small
and strikingly la^e heads are not rare among criminals.
Among 1314 convicts Knecht found as many as 2% with
' A. Batr, "Der Vobrecha in uitluapok^BdiQ' Besehimg," LeqMJfr
Gccog lliieme, IMS.
* Ktuda, "Cber die Verfareitimg phTmacbei D«g«Mntian bei VobKdwn
imd (Be BesdinDgen iwiachen I
(AUg. Zatschiift tflr Psyehiabrie, XI^ 580).
§ 17] PHiraiCAL CHARACTERISTICS OF CRIMINALS 177
pronounced hydrocephalic head fonnations, indicating path-
ological processes in the earliest period of development.
As often as a new field of criminal anthiopol<^cal inves-
tigations has been attacked, the same thing has been repeated.
First, the assertion is made that a certun form of deviation
is characteristic of the crinunal. Then it is proved that the
same phenomena are found in non-criminals, and finally,
it is shown that these anomalies are somewhat more frequent
in ciiminals. Hence, it would lead only to useless repetitions .
if I should take up each of the marks of degeneration in tium
and speak of what has been found to contradict them. The
most important physical signs of d^eneration, such as ill-
formed ears, extra fingers and toes, the abnormal position
and formation of the teeth, abnormal formations of the sexual
organs and the mammary glands, unequal development of the
body, etc., are all found in healthy people as well. Theyi^
are the more numerous, the nearer we approach to the de-
generate insane. Between the two stands the crinunal.
Even LombroBo's most eager and decided opponents do not
dmy that degenerative signs are found particularly often
in criminals. Thus Naecke * says: "We can only refer to a
possible, perhaps probable, inferiority of those who bear the
stigmata of degeneration, no more; even that, however,
may be valuable in foro' or to corroborate a diagnosb." And
recently he has gone farther:^ "The longer and the more
accurately we investigate, the more do we value the doctrine
of degeneration, without, however, trusting to it blindly,
as do some of the Italians."
I should not care to go as far as Naecke in the forensic
■ Naeckt, "DegcoeratioD, DepmcimtioiisfMdien nnd Ateviamut" (Arcb.
Krim. Antbr. I, 210).
■ Sateke, "Uber den Wert der wigwuwiiten DesmnetatiOMlrichfn "
(BiSdirKrimFBydi. I, 108).
_ ,i,z<»i.vGoogIe
178 THE INDIVIDUAL CAUSES OF CRIME [§ 18
judgment of a criminal; I consider it inadmissible to make
even the slightest use of the existence of marks of d^eneratkHi.
even in the most pronounced form, to tip the soak in a case
of questionable guilt. Nevertheless, what cannot be «^ptied
to the individual criminal may yet have general validity.
I share this view with Baer, whoi in iQ>ite of his cautious
criticism, is obliged to admit: "Abnormalities <rf a simple or
graver kind are often found in criminab singly, or in larger
numbers, and although there is nothing specific in them,
yet they are signs of the inferior value of the criminal's
oi^anization." ^
In reali^, we should not wonder at finHing go many crim-
inals physically inferior; the ctKitrary might wdl exdte
surprise. By far the largest number of criminals come out of
classes in which poverty and wretchedness are comntoo,
in which underfed women during pr^nancy must often use
up their strength in hard woric; the unborn child is oltai
poisoned in the germ by the drunkenness and disease of tts
parents. This cannot be met with the statement that our
poorer classes are still able to provide a physically fit army.
Not all those d^enerste, who are subject to the conditions <tf
degmeration; not all, but many. The descent of criminals
(compare p. 124) proves that the recruits of the crintinal
world are most often found among the children of drunkards
and the insane, among the poorest of the poor; in view of this,
the existence of ^gns of d^eneration ceases to be strikiiig,
and the signs themselves cease to bear the spea£c character
of a phenomenon peculiar to crime.
§ 18. The Xental CharaoteristlM of tha Criminal
In considering these mental characteristics we are on firm
ground as long as we keep to the intdlectual abilities. Tbe
> Batr, ioc. eit. p. 117.
. ,l,z<»i:,.,G00gIf
§ 18] MENTAL CHABACTERZSnCS OF CRIMINAIS 179
degree of knowledge and the power of judgment that a man
possesses can be ascerttuned. On the other hand, we at once
enter upon an uncertain field as soon aa we examine the
emotional life, the passions, the moral sense; then we turn
from objective facts to subjective Impressions.
The fact tliat the intellectual capacity of the criminal is
far below the avenge has already been made the subject \
of ft detailed discussion. The experience of teachers and over-
seers in penal institutions fully confirms it. The subjects in
which the teacher instructs the prisoners are extremely
elementary, and yet the results of his efforts are pitifully
small. Undoubtedly the dislike of learning plays a part, but
it b certainly not all-important. A superficial examination of
405 prisoners with sentences of over S3x months showed me
that, apart from 31, whose mental state I shall speak of later, '
67 were more or less feeble-minded, certainly far below normal
in thdr intdligence; 8 of them were decided imbedles, almost
idiots.
Both Baer * and Kim * have tried to combat Lombroso's
teachings, and Baer in particular has spent infinite puns in
y^ftmining the assertions of the Italian school, with a view to
corrobomting or refuting them; both, however, have empha- |
sized the tow plane of the criminal's intellectual development, I
Baer expressly pointing out that "social environment and I
educational conditions cannot be held- accountable for it."
Hence Sommer * is undoubtedly justified in s^ing: "In the
geniaal rejoicing at the refutation of Lombroso in detaU,
the positive facts were entirely overlooked, which he [Baer]
contributed to the doctrine that there are inherent nnimenta
tbat lead to crime."
> Baer. toe. eii. p. ««.
* Kim, "G^stoflUlniiig mid VubKcben. Festaduift der AnaUh nknkQ,"
Hcsddbeiv. 1002, p. 07.
* SommtT, "KriminalpBychobgie^" Ldpiig, 1904, p. 318.
. ,l,z<»i:,.,G00gIf
180 THE INDtVIDnAL CAUSES OF CRIME [§ 18
I purposely emphasize so strongly the low mental status of
cruninats, for it exphuns, without the aid of unprovable the-
ories, why, with many criminals, the ethical peicepticms ai«
so striking disUnguiahed from those of the average man.
The weak-minded are generally chUdroi of the mcxnent.
Everything makes a deep impression on them for the minute;
often, indeed, the mental reqionse is particolaify vivid;
but this momentary leaping up of the intelligence subsides
again as quickly. The lessons of experience, which serve
normal persons as a guide in later events, soon fade, because
tb^ cannot be fitted into the PTrigting condition of the ideas.
The inability to understand, much less to form gesieral points
of view, is the <Urect result of mental weakness. ■
This is the picture that many criminals presoit to us. I
must confess that, after reading the pi4)eTS in tbe case. I was
often prepared to see a rough, brutal man, when, in reali^.
I found a quiet, docile, and even good-natured, feeble-minded
fellow. This is true not only of those who are sentenced for
the first lime; precisely among people with king criminal
records I often found such quiet, feebte-mioded perstms; by
this I do not mean imbedles of such defective m^itality that
our existing laws would classify them as irresponsible.
These people — and this applies also to a large numbw
with average intelligence — are often strikingly unstable, —
not in the p&ta\ institutions, where they often submit to the
Isolations of the house without any difficulty, where they
work industriously under pressure, but i^wn at Uberty, when,
in spite of the best resolutions, th^ give way to the first
temptation. -"
At present we are not able to describe the psychcdogy <tf
the criminal. In the first place, because the material frc»n the
detmls of which we should construct a (^mptete image is too
varied. All attempts to determine the main characteristics
§ 18] MENTAL CHAEACTERISTICS OP CRIMINAIS 181
fail on account of the difficulty of exactly defining these char-
acteristics, and on account of the danger of generalizing from
particularly striking individual observations. I do not mah to
underestimate the value of the careful analysis of the espedally
striking phenomena of crime, when I assert that, on the whole,
we can learn little by it at present Every case certunly has its
peculiarity, and practice in observation alone makes the pains
spent on it worth while. But we must not forget that it is
not the murderers, not the swindlers on a larger scale, not
the assassins of people in high places, and not the sezuat
murderers, that determine the criminal physit^piomy of our
day. but the thieves and pickpockets, the swindlers and
abusers of children, the tramps and prostitutes. These are
the criminals that first demand our attention. The very
fact that all these offenses are so frequent, makes it possible
alowly and cautiously to draw conclusions from the analysis
of individual cases, conclusions that may lay claim to univer-
sal validity. As long as we are salisfied to examine the most ~
external phenomena, to ascertain the intellectual capaci^, the
error that consists in valuing simultaneously the most different
lands of criminality is not so great. But as soon as we go
deeper and b^in to study the passions, the moral perceptions, \
the degree of altruistic thought, remorse, and similar qualities, i
ve must restrict ourselves to a tew psychologically similar
crimes. Otherwise we make the same mistake that we rightly
object to in the works of some of the Italian school. Let us,
however, go on collecting material and studying a few par-
ticularly interesting cases. The day will come, in time, when
-we can draw our conclusions from them. But we have not
yet reached this point.
What has been written of the characteristics of criminab
must be used with great caution, except where the most
dementaiy qualities are concerned. I think H a mistake to
L ,-<,::..CoOQ||,'
182 THE INDIVIDUAL CAUSES OF CRIME {% 19
regard most of the experiences, or rather general impreawHis,
that have been collected, as typical characteristics of crim-
inals. It, therdore, seems to me unjustifiable to speak of
them in general, as has been done, as brutal. We find senti-
mental inclinations opposed to the most outspoken brutality
in some cases, utt^^ deceitfulness contrasted vith naive
frankoesB in others, and, yihat is still more striking, we find
the most contradictory qualities united in the same individual.
This is aootlter sign of the instability mentioned above;
carried aw^ by the mood of the moment, the same individual
is sometimes devotedly unselfish, s(»netimes purdy ^oistic.
Oae characteristic must be qtoken of especialty: the
eriminal's own judgment of his act. I should like to avoid the
word "remorse," because the sorrow that is often di^layed
for what has happened frequently does not correspond to bb
iniMT feeling, because pretense, in order to stand wdl. is
too easOy bred, according to the tone id the penal institution.
In the course of many conversaticais with criminak d all
kinds and all classes, I have ntost frequently been struck with
the superfioality of the criminal's comprehension of the
gravity of his crime. Almost never did he grasp the tepre-
hensibleness of his deed with sufficient force to f^ve rise to the
thought whether he could not ma^ good the damage be had
done. As a rule, his understanding was directed more towards
the future than towards the past. Thus, he might firmly
resolve not to rdapse agiun, but would scarcely be tortured
by thoughts of the past, beyond regretting that he would he
marked as having served a sentence.
The conviction that the present penalty is the last that they
win undei^ is often heard, even from those criminals who have
always been only temporarily at liberty; on the other haDd.
crinunals have often told me that th^ fear it will not be long
before they agun rdapse into crime. Very rarely, <m the
1 1$ MENTAL CHAfiACTEBISIlCS OF CKOONAIS 183
cootraiy, and only in those intimate moments that occur
oft^i enough between the physician and the convict, particu-
larly when the latter b ill, have I heard a man express the
intention to resume his criminal career as soon as his sentence
shall have expired. I do not mean to infer that this idea is
remote from the taiminal's mind; the contrary is proved by
the fact that, even within the prison walls, plans are often
enough discovered for the carrying out of new thefts. Never-
theless, I think I am justified in concluding that the criminal
is cot so often anxious to take up his old life as is commonly
supposed. It must not be forgotten, however, that I speak
munly of convicts in prisons, who are the only ones that I
have been able to observe more carefully. Undoubtedly,
more profeanonal thieves and swindlers are found in the peni-
tentiaries. The groups of prisoners in the cattres oi culture,
too, may display other traits.
Among the psychological characteristics of the criminal^
Lombroao also includes the thieves* slang and the desire to be
tattooed. He sees in these tattooings the bridge that leads
to the savages, who also ornament their bodies in this way.
It is true that criminals are often tattooed with all kinds of
designs, from the simplest marks to the most intricate, often,
even, really pretty representations of animaln and plants, in-
eluding trade and vocational signs, and human figures of all
kinds, especially those of acrobats, contortionists, etc., as
well as names and verses of all sorts. But this omammtation
is not a sign of the criminal world nor of psychic d^eneration,
but merely a regrettable custom that happens to be very
popnl^ in Germany at present. It shows local differences
very distinctly. Tattooing is extremely common among
seamen, and not rare, but with local differences, among factory
vco'kmen and soldiers. A man who knows how to tattoo
pretty pictures often persuades whole regiments to let him
184 TBE INDIVIDUAL CAUSES OF CBIME [§ 18
try hia art. Hence, tattooings aie sltogetber vsludess as
paycholo^cal data.
But perhaps we might inter sometiiing about a mao &caD
the subject of the <ksigiis he bears. This is oertunfy the case
in so far as obscene images are oonoemed. Where we find
tattooings on the genital parts, unusually vulgar figures, cr
those that suggest perverse serual indinations, we know that
the individual who bears them is not given to pmdery. A
large Dimiber of girls' names, too, characterize a man better
than a "dissipated appearance" would. Fortunately, here in
Germany, images of unmistakable sexual aJgnificaaoe are
rate. On the whde, we must be most cautions in interring
criminal peculiarities from such marks.
I consider the proverbs and sayings that seem to indicate
a whtde tragei^ utto'ly without significance. Laoassagne '
found, tor instance, the mottoes: "fils da malheur,** **le
pass£ me trompe," "I'avenir m'£pouvante," "le pt^sent me
tounnente"; but, amtoig 700 individuals, the first saying
was borne by eight, the last by three, persons. The fact that
the words were repeated more than once woold lead me to
suspect that the man who tattooed them, ratha than the
individual who bore them, was responsible tor the cbiHce,
and that they indicated, at most, merely an indinatiMi to
pose. And even that seems to me to be assigning too great
a psycholo^cal significance to them; at least, sevctal times
■wbea I asked a man why he had chosen certain proveriis.
such as "learn to suffer without complaint," or "bom to mis-
fortune," I was told that the professional tattooist had recran- -
mended them as "particularly beautiful."
Thus, tattooing loses much of its significance as a ^gn of
criminal tendencies. But, because of its practical tmpCHtance,
I must not omit to mention the fact that many tattooed per-
> LaeoMagne, "Lea Utonaeca," lyon, 1887.
§ 18] MENTAL CHAEACTERJSTICS OF CRIMINALS 185
sons have been thus adorned while in prison awaiting trial*
as I and various other observers were able to ascertun.*
Thieves' slang was formerly an extremely characteristic
mark fd the criminal. Just as eveiy class, every profession,
is inclined to use certain expressions with secondary meanings,
to coin special, peculiar terms — think, for instance, of igj^
dents' slyA — so, too, it is in the criminal world. Formerly a
great deal of attention was paid to the different variations of
this thieves' slang, to the " Rotwelschen," Romany, and foreign
language, espedaUy Hebrew, elements.' Even todi^ in pro-
fessional criminal circles, numbers of specific «q>re38ions
are undoubted^ current, but Gmnan words with a hiunorous
tinge are rapidly taking the place of foreign terms, especially
among tramps. There is still undoubtedly some difference
in the terms used by the different kinds of criminals, and this
sometimes makes it possible for the man of experience to
distinguish the common tramp f rtmi the individual who makes
a busioess of swindling [teasants, the habitual thief from the
procurer. But I do not think that Stumme ' is right in calling
thieves' slang a secret language; it is rather a vocational
language, and proves nothing but that the person who speaks
it has had the opportunityof learning it; atmost,itshowswith
what class of people he has associated.
The study of thieves' slang is still justified today. But not
as a contributiou to the psychology of the present-day criminal
world. Ellis* prob^ly best characterizes the situation when
■ Berg«r, '"lUtowiening bei Verfarechan" (VMTteljahnachrift fUr gakht-
Ikbe Hcdiziii. XXXIL p. 56).
■ Ate-LaUeinant, "Da* deutKJtc GBOUeTtuiii." Ldpn^ 1802, F. A. Brock-
lumlV.
* Son* Stumvt, "Uber die dmtacbe Gftuncnpnche mul andne Gdieinn
* BmAiek EUit. "VeifoiechcT imd VeiliTecben," Leipiifb I8M, Geoig H.
'Wigud'a Verisft p. IBS.
.oogle
186 THE INDIVIDnAL CAUSES OF CRIME [§ 19
he aaya: "The modem prbfeatdonal criminal avoids it just as
he avoids tattooing."
On the whfde. no traits can be recognized in the peycbaiogf
of the criminal that are characteristic of him, nor coald this be
«q>ected vhen we consider the general wi^ in i^iich the qses-
tion has hitherto been treated. We mi^t rather hope for
success if we studied certain kinds tjt criminals sepust^.
I believe that certun criminal specialists, as, for ezan^ile.
the "high Byeta," the pickpockets, certain sexnall; immnal
criminals, procurers, prostitutes, and tramps would show
special peculiarities. I do not believe, however, that these
characteristics will ever pomit us, without knowing the
person's past, to infer criminal tendencies, that the? mean
than a certain menace in a d^nite direction.
{£^ g 19. Knital IMimum aaong Criminali
Our penal code does not call those transgressions ot the
legal order that are committed while the perpetrator is insane
or unconscious, crimes (§ 51). Official statistics, therrfore,
leave us entirely in the lurch when we consult them as to
the frequency of those crimes which could not be punished
because of mental disease. We are altc^ther dq>endent os
the scattered records of alienists. In Dalldorf, among 17(M
insane persons, Sander* admitted 112 (6.6%) directly after
they had come in conflict with the criminal law. In counting
the patients in the Heidelberg clinic for the insane, I found
much higher numbers. On three days, in three different years,
I found,* once 37%, onoe 43%, once 57%, of the male patients
who, at some time before their admis^on, had offended soi-
> Sander tind Kdiier, "Die Bcsiehuiigen iwudwn GciataHtlirai^ and
Teibrechen." BoUn. 1880.
■ "Cber gdUutidie Gctatetknake" (ADg. ZdUdoift fBr F^cUatn^
LTn. p. 1S8).
U.,r,l,z<»i:,.,G00gIf
§ 19] MENTAL DISEASES AMONG CRIMINAIS 1S7
ously against the criminal laws. It is true that a consider-
able number wete prisoners awaiting trial, whose mental
condition was being observed, and tramps, so that my ^ures
are probab^ well above the usual average.
A description of the crimes that are committed by insane
persons does not lie within the scope of this book; it belongs
in the text-books on judicial psychiatry.' Nevertheless, stress
must be laid on the fact that the mentally diseased are a
menace to l^al security, as the newspapers dfuly show us.
The immeasurable misery that insane persons cause can only
be avoided by their early admisnon into aanataiia and asy-
lums. Hence, every attempt to require the establishment of
insanity and danger to the community at lai^ by some kind
of legal procedure before the patient can be sent to a suit-
able hospital, is superfluous, if not injurious to the insane
person, and a blow in the face of public safety.
It is also difficult to ascertun the number of the insane in
penal institutions. Partly because there is no sharp dividing
line between health and disease. This is true, princq>ally,
in the large sphere of congenital and acquired feeble-minded-
ness. The alienist who, in daily contact with such patients,
has the opportunity of observing carefully the phenomena of
idioty and imbecility will include among the mentally dis-
eased many feeble-minded persons that the layman, the prison
warden, and the judge consider normal. It is difficult to con-
vince either of them of the contrary opinion, because many
feeble-minded persons conduct themselves blamelessly within
the prison walls, where the system of the institution and their
work relieves them of the task of thought, and where the
tnnptations of the outside world are lacking.
' Bod^ "Handbuch der gerichtlichen Paydiiatrie," Hindnrald, Beriiu,
1901; Cranur. "G«ridiUicbePa;cIustric:," Sii ed., GusUt Giacber, Jen*. IMMi
DMriidc "Getklitiicbe Piycliopkttiologie^" Aiubr. Buth, hapng. 1807.
188 THE INDIVIDUAL CAUSES OF CBOfE [§ 19
Not all the feeble-minded, boweva, are numboed among
tlte docile, quiet members ot the prison^. Sometimes they
ccHne to grief on the demands that are made of their power (tf
conqirehension; then their foolish obstinacy is aroused, their
emotional excitability is increased, and this leads to the most
iiiq>Iea8ant scenes, to senseless raving and screaming, to
abusive language, and assaults on attendants.
StiU more frequent are scenes with epilegjics in ■w\ath it
seems as if the fury that has been accumulating for a long time
and has been lestruned with difficulty, suddenly brei^ out.
The conception of this disease includes periodicity, the <jiange
from completely normal behavior — assuming that epileptic
idiocy has not already occurred — to patholo^cal distail>-
ances of the consciousness. On this soil, especially, the very
slightest cause is often sufficient to kindle an irritability that
is expressed in wild raving. The cootrast between the per-
son's usual quiet demeanor and these sudden outbreaks malus
it very difficult for the l^rman to recognise thdr pathdogical
origin. They are injurious, not only to the patient, who is.
of course, subjected to the most severe disciplinary measures,'
but also to the discipline of the institutioiL
In the interests of the execution of the penalty, as weQ as
from a medical standpmnt, it is imperative that these and oth«r
pathological conditions should be immediately recognised
for what they are, that they may be prevented in the futuie.
Many physicians, unfortunately, are hampered by a lack <i
psychiatrical knowledge. In addition, the time that is at the
disposal of most pl^sidans in which to make their own
observations is generally insufficiebt, the reports ot the <^-
ciak in the instituticm are incomplete axid frequently infiu^tced
by the unfortunate t«ndencar to r^ard many symptoms as
simulated. All this makesst difficult to see the case clearly
and dispasnonately. and tttis it happens that vbat tm years
, ,.,,. ..C.oo'ilc
I
'AL DISEASES AMONG CRIMINALS 189
>Qsider«d due to malice and criminal qualities
later recognized as the expression of a psychic -
The difficulties of ascertaining how many insane [persons
are serving sentences are reflected again in the variation of the
figures that represeat the differ^it institutions in the statis-
tics of penai institutions and prisons published 1^ the Prus-
sian Ministry of the Interior. As a whole average for the '
last three years, I have reckoned, from the figures for peni-
tentiaries, 1%, from those for prisons, 0.24%, insane persons.
In itself, this low percentage is not surprising, although in
the prisons, at least, the numbers do not reach 4 to 1000, which,
according to the general opinion, is the proportion of the in-
Sane to the whole population. According to the laws, the
gates of penal institutions should, indeed, be closed to the
insane; thus there would remain only those who become
insane while they are serving their sentences. In reality,
however, the situation is very different.
Those persons who have committed a crime during or in
consequence of their mental disease have been classified as
"criminal insane.!* Krohne ' has taken exception to this term
because it "tears awi^ the foundations of all penal justice,
which is expressed, both in the rule of the Sachsenspi^^ ;
'the re^ fool and the s^iseless man shall not be judged,* and
in the Code P£nal: 'D n'y a ni crime ni delit en cas de
d£mence."* Every psychiatrist certainly represents this
point of view, but, unfortunately, not every judge. As a
matter of fact, we find real fools and senseless men enough
Jb all paial institutions, stnne of irtiom have been sentenced
^;x evenUn spite of an alienist's report.
Hepoe, the term "criminal insane" must only be understood
in the sense of insane persons who have committed some act
> Knkne, ke. mt. p. S73.
L ,l,z<»i:,.,G00gIf
190 THE INDIVIDUAL CAUSES OF CKIUE {§ 19
that is punishable accoiding to law. It is not easy to ascer-
tun afterwards how large th^ number is among the convicted;
at least, the judgment is not so reliable later, as wh«i the effort
is made to separate them as soon as they are committed.
Yet I should mentiw that, of all the insane wtwoen in the
Hubertusbuig institution, Naecke ' reckons that from 80%
to 25% were mentally diseased when sentenced. Scheven*
found that, of 114 oriminally insane persons in Mecktenbuig
who were admitted to the insane asylum, either from penal
institutions while awaiting trial, or while at liberty, 49 had
been unjustly punished. Also, among the criminals who,
while serving their sentences, were transferred to the hospital
for the insane because of a psychosis, that is, among the so-
called "iosaoe criminab," thete were probably many -whio did
not become insane during imprisonment, but whoae disease
was recc^!nized then; accordiogly, Scheven estimates the
percentage of insane persons who were convicted in ^ute of
their condition to be about S4% of all the insane persons who
come into conflict with the criniinal code.
These miscarriages of justice are distributed over many
years; nevertheless, the proportion of such errors is not in*
considerable. I can corroborate this by the result of my own
investigation.' For more than three years I have examined
^stematicatly and indiscriminately into the mental condition
of every criminal committed to the penal prison in Halle
for an off^ose against sexual morality, after having learned
as much as possible of the person's past from the documents
and records of the local authorities. Of the 200 such criminals
> N<ueb», "V«rfand>en nnd WKhnnnn bcim Wdbe" (ADg. ZeitMltritt ftir
PqrchiatiMv XLDC).
■ Sduten, "GeutaaUtamig UDd V eiU c ch eo in HecUatbary-Sdiwcrin'*
(Arch. Erim. Anthr.. IV, 260).
> AichiffftTibuTt. "Znr FtydKilogie der SttikUoatsvetbtoder" (BCSdnv
Krim. Psych. II. S0»).
^laiiizodbvGoogle
§ 19] MENTAL DISEASES AMONG CRIMINALS 191
that I examinedi only 45 were entirely normal, and, even
of these, alcohol had been the provocative agent of the crim-
inal action in twelve cases. Ten suffered from senile dec^
(all sentenced for indecent tissaults on children), 2 from
dementia due to calcification of the arterien, 4 from other
kinds of psychoses, 1 from dipsomania, 1 from severe
hysteria. Fourteen were idiots; 3 feeble-minded persons
and ^ileptics had to be counted irresponsible, because
their diseases were combined with drunkenness or other
detiimeutal momenta. Thus 44, nearly one-quarter, un-
questionably belonged in an asylum for the insane, for idiots,
or for the aged, instead of in prison. But even the others,
who were not considered irresponsible, showed more or less
serious psychic anomalies, especially feeble-mindedness, epi-
lepsy, chronic alcoholism, etc., so that only 45 could be
pronounced unquestionably normal. There were only 99
whom I should have reported to be entirely responsible,
or very slightly affected in their responsibiUty, if I had been
called upon to examine them as an expert.
Fritz Leppmann's ^ examination of the inmates of the peni-
tentiaiy in Moabit produced a similar result. He found only
SO normal men among 90 convicted of rape or of tissaulting
childr^i, and in Moabit there are no men over 40 com-
mitted for offenses against chastity, above aU no aged mea,
who may all be considered psychically defective, even if not
entirely irresponsible.
Among the b^gars and tramps that he examined, Bon-
hOffer * found 12% who were insane to such a degree that
{ 51 of the Penal Code would apply to them. "Much larger,
as would naturally follow, was the number of those who,
' fVtb Leppwsann, "Die SitUichkeitiveibrecher, cine bimiiiBl-faydudo.
gbcbe Stvdie'' (VkrtdHuMdirift f. gerichtl. Hedmo. N. Polge. XXIX. i).
> Bonhliffrr. lae. dL p. M.
..oogle
192 THE INDIVIDUAL CAl^ES OP CRIME [§ 19
from a psycliiatrical point of view, would be dassified ss
lutving 'decreased responnbili^.' If we shoald inclnde aS
thoee with slighter acquired or congenital psychic defects,
all imbeciles, q)ileptic3, inebriates, senile individuals, and
those that were pathologicaUy irritable, the number would
eieeed 75% of the whole."
The mental condition of other criminals is probably not
as bad as that of tramps and criminals against semal morality.
But from the foregoing it may well be concluded that the
alienist should be more frequently consulted, especially
where offenses agunst chastity are concerned, and his report
taken more into account. If this were done, many tA the
cases of illness in penal institutions would disappear.
A small numbo' of the psychoses that break out in i»iscHi
is due to the alcoholism that is so common among criminals,
a number to epil^My. Some delinquents, however, show the
first signs of disease during their imprisonment, and the most
careful examination reveals nothing that would justify us
ia ^uwiiniing that the first symptoms woe present before the
criminal act was conunitted. The peculiar symptoms of this
pqrchoeis, which is generally characterized 1^ auditory hallu-
cinations while the mind is otherwise quite rational, has led
to the recognition of a special form of disease, "inison de-
lirium."
I This is d importance, inasmuch as the frequmcy of this
condition was often attributed to the cell system, sotitaiy
confinement, and isolation, and a dangerous enemy to this
so beneficial institutkni of our penal system was thus created.
Subsequent experiences, however, have proven that this fear,
if not entirely grotmdlesa, was at least of small significance.
Btldin ' found that, among 94 diseased prisoners, "coofine-
■ Radin. "Dm klinudiao Fannm der Gdta^aptfAouta" (AB^
ZdUcbrift t. PaTcluatrie. LVm, W7).
. ,i,z<,i:,., Google
§ 19] MENTAL DISEASES AMONG CRIMINALS 193
molt symptoms " appeared in S8 cases. Of these, 22 were
psychoses of which the symptoms had merely been given a
peculiar tinge by imprisonment, and the other 6 too were
probably identical with diseases that also occur outside
prisons. The symptoms appeared 18 times in solitary con-
finement, 10 times in conunon confinement. One thing m^
be said with certain^: in general, the diseases that occur
during imprisonment are identical with those that occur in
persons who are at liberty, and all that can be attributed to
confinement is the predominance of certain symptoms. la
any case, "convict's insanity," if it exists at all as an in-
dependent psychosis, is extremely rare.
My own experiences lead me to agree entirely with this
view of BUdin's. The idea that solitariness awakens in the
criminal feelings of remorse, that the shades of his victims
surround him threateningly, that despur overwhelms him,
till he is no longer able to think clearly and collapses under
the torments of his conscience — all these fine ideas cannot
stand in the face of sober observation. Prison or penitentiary
may, indeed, hasten the criminal's lapse into insanity occa-
donally, — in rare cases, perhaps, even cause it; but, as a
rule, the penal institution merely happens to be the dwelling
at the moment, of the person in whcmi the disease breaks out.
When we consider that most convicts are encumbered by
heredi^ and have not lived in accordance with the laws of
health, we cannot wonder that they often devd<^ ment^
Id the penitentiary of Waldheim, Enecht ' found that 7%
of the individuals were so burdened with psychic defects,
or so disposed to psychoses, that they developed mental
disease either before or during their imprisonment. Baer*
> Lee. eii. p. 695.
* "Lehrtnidi der GefKngiiiakuiide," Fmfinknd Enke, 1B89, p. ttO.
194 THE INDIVIDUAL CAUSES OF CRIME [§ 19
found a somewhat lower percmtage: <^ every 100 priaonen,
at least 5 had mental defects, and of these, 2 had [wonounced
mental diseases.
As I have mentioned, on one d^, of the 405 prisoners whh
sentences over six months that I ezamhted, S7 ynxe distinctly
sub-nonnal. Of these, 8 were feeble-minded to svtch a decree
that they absolutely deserved the protection of § 51 of the
Penal Code. Eleven men suffered from the most various tonoB
of mental disease, some <^ them from senile insani^. Besides
these 19, I found hysteria in 1 case, epilepsy in 10, and
nervous disturbances of a serious nature in 9 othos.
From my own experience I must add that eves grave
psychoses often for a long time etude the eye of even a prac-
ticed observer, unless they affect the peison's outwaxd de-
meanor. The longer and the more frequently the phyndan
sees such patients, the more certain, of course, will his diag-
nosis be. Hence, the observations of convicts that have beoi
made during long years in the penitentiaiy are the most vahi-
able. Most significant is Kndme's ' judgment, tor he cannot
be reproached, as alienists so often are, with bong prqudiced
in favor c^ insane persons by his profession. He says: "Ac-
cording to my careful investigations, made with the co-i^iera-
tion of the institution's physician. Dr. Werner, and the two
spedalists, Dr. Richter and Dr. I^ngreuter, both <^ whom
are certainly experienced in this field, the number of the mm-
tally deficient in the penal institution Moabit amounted on
an average to 10%, and yet the inmates of this institution are
iUl penitentiaiy prisoners with sentences ranging up to
4 years, those under 25 having been committed, whethar or
not there was any former conviction against them, and Uioee
over that age and under 40 bdng men who have not already
repeatedly served prison or penitentiaiy sentmces. 'ntua
' "Ldutmch dm Gcftognuknnde," Fadfaund T^tr, ISB9^ p. IMk
§ 19] MENTAL DKEASES AMONG CRIMINAIS 195
the institutioD doea not harbor an; completely depraved
habitual crimiDals, Dor any aged and weak-minded ones."
'Hie auspidon is involuntarily forced upon the bQrmaD
that a large number of these ^parent cases of illness m^ be
boldly simulated. In reply, one thing may be d^nitely as-
serted, the simulation of p^choses is as difficult as it is rare.
Attempts to "play the raving madman" do, indeed, occur
occanonally, eq>ecially in large cities like Beriin, where the
opportuni^ to study the subject is easier to find. But all
such attempts are strangled at once if the prisoner knows
that he is confronted by a specialist; usually a quiet seiiotis
demeanor suffices to cause the symptoms to disappear.
Then it is that the difficult task stUl ties before the alienist
of finding out whether the individual is not really insane after
all, tor experience teaches that simulation is generally tried
by insane persons. Hence, I wUl only mention my own ^•
periences. Among the unusually large number of prisoners
held for examination whom I have seen in the course of my
psychiatrical practice, there were only 4, if I except some
aiCting that lasted for a day or two, who showed symptoms
for a lengthy period which we thought were simulated. Of
these, 2 later proved to be incurably insane, and I do not
heutste to pronounce our diagnosis as erroneous in at least
one of the other cases, although perhaps it was un-
avoidable.
In two other cases, besides the simulated symptoms,
there was pronounced feeble-mindedness, although in neither
was it of such a high d^ree that I could apply § 51 of the
Penal Code. Quite striking are Loogard's remarks (on moral
insanity, "Archiv fUr Pefydiiatrie,*' XLIV, No. 1), in which
he says that in no case where, together with the physicians of
public insane asylums for instance, he diagnosed simulation,
was he successful. In every case, even in one in which the
196 THE INDIVIDUAL CAUSES OF CRIME [§ 19
criminal himself confeased that he was Emulating, the individ-
uats proved to be insane after all.
The fact that I have met with no simulant who was un-
mistakably normal, and with very few in any case, is c«r-
tainly due to chance, for other p^chiatrists of cautious and
experienced judgment have occasionally found simulants;'
neverthdess, cases of pure simulation without any patho-
logical basis are isolated exceptions.
Brief attacks of pretending to be insane, particularly to
be imbecOe, are more frequent, both before the graniining
judge and while serving sentence. Bat they are rar^ long
or consistently carried out. The criminal judge and the
prison official ought gradually to recognize tliis. If an un-
fortunate prejudice did not exist, and if, whenever a striking
symptom appears, the suspidon did not arise that it is mer^
simulated, examination by a specialist would more often be
demanded, and thus many an individual who, according to
our laws, must be regarded as innocent, would be delivered
from the prison and the pemt^itiaiy. Tlie officials in penal
institutions, too, who are inclined by their daily contact
with criminals to think the worst of prisoners, should be more
influenced by the general ezperience of specialists. If th^
were, persons who are psychically unbalanced would not so
often have to taste the extreme severi^ ot discij^inary pun-
ishments, and all possible methods would not be enq>k>yed
to break the obstinacy of a supposed simulant. Sw^ measures
are all in vain, for they are directed against a symptom that
does not exist, against simulation, and because it is attempted
to influence a man who cannot be influenced because be is
insane. This cannot be remedied until the distrust of the
physician disappears, and the institution officials are familiar
with at least the first principles of psychiatry. The eariiest
■ £reiIcr."DkSimul&tkia von GdctcnUnmguiidEirilqHie.'' Halle, 1904.
S 19] MENTAL DISEA^S AMONG CRIMINALS 197
possible recognition of the priaoner's condition will then 9paie
him lumeceasary punishment, and the discipline and order
of the institution will only gain, because the patient will
soon be removed from his unsuitable surroondings.
The enormous frequency among criminals of mental
disturbances and aberrations in the widest sense of the word
suggests the question, what relations exist between the ab-
normal mode of thought c^ the insane and that of the crim-
inal? Past experiences forbid us to draw a sharp dividing line
between the two. I will only mmtion as the eacample of a
pqrchosis, softening of the brain, the qmq>tomB <d which,
known in part also to the layman, most easily admit of the
proof that we are concerned with a soiious and incurdble dis-
ease. Clinically, we have known this disease only since 1896.
How many diseased persons before that must have been nus-
uuderstood and, with their inclination to criminal actions,
have bec3i deUvered over to the criminal judge! What we
have experienced in regard to softening of the brain and some
other diseases nu^ be repeated at any time. Certain symptoms
may combine in a certiun aspect of disease that is as yet un-
known to us, and thus the boundary of mental health would
again be removed.
A sharp separation of the mentally normal from the psy-
chically diseased criminals also hinders the knowledge of
what are called "borderland conditions." * One fiank of the
whole anny of the feeble-minded, the hysterical, the epileptic,
of those who suffer from persistent hallucinations and from
neurasthenia, of those who are injured by the habitual abuse
of alct^ol or morphine, stands b^ond the boundary of crim-
inal lesponubility; but where only the very slightest degree
exists, the person must be pronounced responsible. I shall
letuni to the importance of these "borderiand states" in
> Hoclu. he. «tl. p. MS.
L ,l,z<»i:,.,G00gIf
198 THE INDIVIDUAL CAUSES OP CBIHE I§20
criminal prosecution; here their aigniScanoe ia merdy that
ot a bridge from the dangerous iiuaDe to the dangerous
Both, criminality and mental diaeaae, aie fJants that draw
their nourishment from the same soil, physical and m^ital
degmeration. The fact that this soil ia not aUe to jnioduce
better fruit must be attributed to intempoance and wiebdied-
ness, to the marriage of mentally deficimt posona, in short,
to unfortunate social conditions. Why it ia that one child
of a drunkard will he epileptic, idiotic, or insane, and another,
with QO discernible psychic defect, but irritable and unstable.
wUl become a criming; why one ot a depraved famOy's
badly brought up children will turn drunkard and end in the
insane afylum, while another finds his wi^ to prison, we do
not and never shall know.
§ SO. !nt« ClaoifleatiiHi of CriBiiali
In spite ot some alterations in hia classification of crhu-
inals, Lombroso ' continued to mflintnin that perhaps one-
third ot all criminals represented a special type distingtnsbed
by common physical and mental qualities. He considered
the pRM^ of these physical and psychic anomalies of particu-
lariy great value, because to him they w«e ugtis that tbe
"deltnquente nato" was an atavistic step in the development
of mankind. This assertion is, at present certain^, mtirety
unfounded. The dividing line between the really atavistic
formations and the anomalies that arise in earliest youth,
or during foetal development in consequence of pathological
processes, is just as difficult to draw as that between tbe
anomalies themselves and the variations that still lie within
' Lombnto, "L'antlirDpcilo^ crimiDdk et Ki Tfaeots pngrt^" Pmn,
1896. Fdn Alcui. p. M; " UiMcben und B
p. 886.
. ,i,z<,i:.., Google
§20] CLASSIFICATION OF CBJMINAtS 199
the m&tffn of Dormality. The most able judges in this
sphere, the aiutomista, and among these, above all, Semoff.
reject the atavistic significance of most of the variations
found by Lombroso and his followers.
Similarity in anatomy and mental qualities to savages and
the peoples of former ages has been used to support the theory
that the criminal signifies a relapse which may lead "beyond
the savage, to the j^nimftl itself." This hypothesis stands on
very uncertain feet; the life and doings of primitive peoples
are often very difFerent from the rough and unchecked
brutality, cruelty, and other characteristics which are ad-
vanced as the basis of the likeness between savages and
criminals.
Entirely mistaken b the comparison between crime and
epilepsy. The "epileptic background, from which the clinical
and anatomical picture of the morally insane person and of
the bom criminal is projected, acts as a medium for the com-
prehenaioD of the directness, the periodicity, and the para-
doxical contrast of their symptoms, which, without doidit,
are their most prominent characteristics." This view is based
on an entire misunderstanding of epilepsy. A criminal
never shows epileptic characteristics unless he is suffering
from this disease. This is common enough and is easily
explicable, if we know the frequency of epilepsy among
drunkards and the children of drunkards. But the only
thing that crime has in common with epilepsy ia the commoD
soil of degeneration.
AU of Lombroso's attempts to separate the bom criminal
from the normal man 1^ bringing him into connection,
partly with atavistic, partly with pathologicat, states, have
come to grief; and so has the endeavor to characterize the
criminal "clinically and anatomicaUy." We must never infer
criminal tendencies from the existence of all kinds <rf stigmata
Coogic
200 THE INDIVIDUAL CAUSES OF CRIUE [§ 20
of d^eneration, just as the fact that an individnal is de-
scended from insane parents and bears nmnerous stigmata
does not justify us in assuming tlut we have to do with a
psychically diseased person.
The dedded rejection of any pathc^iomonic value t^ crim-
inal anomalies, in which almost all Goman sdoitists without
exception are agreed, has aided in routing two proUems,'
which must be kept quite s^wrate, namely:
T'^I. Whether bom criminab exist.
/ S. Whether this congenital moral abnormality ex p rcaa ea
f itself in tangible, morphological ugns.
Sonomer affirms the first question "nncondttionaQy^."
Kim,* too, and Baer * are oUiged to admit, in the same breath
in which they speak of the theory of the bom criminal as
refuted, that at least we are concerned with inferitw human
material. "In any case, so much is certain, that the average
habitual crimiiul is below the average mental plane ci human-
ity in general." *
Tie analysis of ^lat we have ascertained conoemiiig tlie
body and mind of the criminal leads to the same condosicHis,
Intellectually and physically thsy fall bdow the average.
This does not apply to the individual, but to criminals as a
class, just as we may s^ of a race that it stands on a low
plane without intending to intimate that it ladra [diysically
strong and intellectually eminent men.
~~ As we have seen above (p. 124), infericnity is the result d
descent and training. Thus, the roots of the evil are trana-
terred to the social sphere. The great advantage of this is,
> SomnMr, "Die KrimiiulpiycliDlogie" (Allg. Zcitadir. f. Parch. LI. 78S;
''Kriiiiiiialp«ycbok>gic" Ldptig, 1B04, p. 8L1).
■ Kim, "Cber den gegeDwBrtieen Stand det Knmiimi-AaHiopcAB^''
(Mg. Zeibchr. t. P^ch-. L, 711).
' Bmt, "T>a VerbredieT," p. 241.
* Kin, "Gattetitorang and Veriwecben. IDaiMHr Ttm\m liiifl." p. 98.
. ,i,z<»i:,., Google
§ 203 CLASSIFICATION OP CRBtflNAIS 201
that we can confront the whole phenomenon with more
courage, because we then realize how it must be combated.
But Bleuler > U not wrong when he says: "Such influences
of environment do not speak agunst Lombroso, they justify
him, but go even a little b^ond him by discovering the
causes of the *reo nato.'" This b true in so taxaa we try to
ascertain whence the average inferiority comes. But we do
not thereby acknowledge the existence of the "bom criminal,"
whose nature forces him with fatalistic necessity into a career
of crime.
The social evib, wretchedness and poverty, drunkenness
and disease, produce a generation of men who are not equal
to the storms of life; th^ are socially useless, in the same sense
that those who are rejected, when recruits are ^uunined tor
the army, are physically unfit. The State requires a minimum
height and chest measurement. Some of those who are re-
jected as unfit would endure the exertions incidental to service
perfectly wdl, just as some of the tid! fellows with adequate
chest measurements, collapse, llie rejection of the short and
narrow is merely ao expression of the experience that the
health of thos^below a certain limit is especially apt to suffer^
So, too. for us the establishment of a low intelligence, of
physical and mental inferiority, is merely a sign of the lack
of the power to resist social drcumstances, a signal that warns
us to be cautious and not to ask too much of these socially
unfit. If we could tear up all these people out of the foul soil
in which th^ are rooted, if we could strengthen them phy^-
cally and steel them by education, if, above all, we could pro-
tect them from the dangers of life, we should be able to save
most <^ them from social ruin.
But that would be Utopia. Life takes its course and grinds
him who cannot keep up. As the struggle for existence is
' iUMbr,"Derg(!boiaieVerbfecher,"Mmuclw ISM, J.F.Ldiinaiiii,p.SI.
L ,-<,::..CoOQ||,'
202 THE INDIVIDtJAL CAUSES OP CffiME [$ 20
going on at present, as national customs force emyone into
tlie yolra of "doing likewise," we are obliged thua to judge the
dsngeis to whidi we are all exposed. They are greater than
the power of resistance of all tliese inf^ior. persons; v^ieie
the strong swimmer breasts and surmounts the surf, the weak
one perishes. And those that perish are many. Hw Prussian
statistics of penal institutions contun a lughly notewcuiiiy
table on this subject.'
All those penit^itiary prisoners who had served at least
three sentences (penitentiaty, prison, or house of anrection).
of whidi one or more amounted to six montlis and over, were
counted on the first of October. 1894, and to these were added
also those who were committed between then and March 31.
1897. Aconferaicec^officials reported what in their judgment
was to be expected of each of tliese 15.S39 men and 2510
women in the future.
The result is truly horrifying. Social uselesmess was in
the highest degree probable in 92.4% of the women, 94.8%
of the men, in the first period; in 98% of the women, and
96.4% of the men, in the second period. The predominant
cause is incorri^bility. But wher^ can this incorrigibility
consist, if we do not include those with physical and mental
defects — in this case probably identical wiih invalidism
and insanity — unless it be in the individual natural disposi-
tionP This is the instrument on which tlie storm of life
strikes discords that clash harshly in our ears.-
All theoretical considerations are powerless before the
weight of these figures, representing as they do the ezperienoe
of those who are in daily contact with criminals. We mu^
reckon with an army of criminals who. under '■^w^ing cod-
ditions, cannot be fitted into a r^ulated life. If we loc^
> "Sbitistik in mm Bcsort cks Ettaii^icli PivutHMekea Hhuftenuma dea
TnncrD gdkOcciidai StMlkostttltai und GtAlngDine^" BcvUn, 1900.
S201
CLASSIFICATION OF CRIMINAIS
203
closer at tltese men, we shall find that outward causes play a
very different part in their lives ; one gives way at the slightest
touch, another only after resisting temptation for a long time,
but, as far as human power can judge, they one and all even-
tually succumb.
TABLE XXXT
L BxCmiTATB 18
B»lD»ar
Ikcouio-
S-
Otbb
aa
Men. . .
Women .
I4.7M
«,«17
ss
122
U
440
128
STS
08
ToUl .
I7,0*S
ie,«5s
201
180
003
441
Hen. . .
Women
8.809
1,1S2
8.8B7
1.14S
lOOO-lWS
10
i
8
as
80
92
20
Totol .
WOl
fl,«8d
14
S
iBS
118
Now, are all these socially "incorrigibles" mora% insane
persons, incorrigible because they lack the abili^ to perceive
and follow the laws of morality? "Moral insanity" is a much
disputed conc^ition, and the controvert as to whether a
disease can appear exclusively in ethical drfecta is not yet
at an end.* Hence, I can only give my own personal point of
view here: I do not believe in the existence of this disease.
AH the cases diagnosed as such with which I have come in
1 Aftci Nadutai. "Die TUckflUligen Vobrechei FreiUKna von 1000-IOOS."
(Zeiladirift det Klku^ichoi Preiuaucbea statiitiadiea Butmui. 84 Jkhrg.
niAbt.)
* Qaupp, "Vbtx den Iwutigen SUnd det Lehie vmu 'geborenen Vcr-
bmdier'" (HSchrKiimlVch. I. 8S), and "Ober n
jugendBchca Terbnchertom," H&Ue, 1004.
J.,r,l,z<»i:,.,G00gIf
204 THE INDIVIDUAL CAUSES OF CBIME [§ 20
contact weie dther Bccompsnied by proDounced intelkctaal
defects, or were meidy symptoms of serious oearoscs and
psychoaea which had failed to 'be lecogoized.
With this view, which, by the way, is almost umTCtsally
shared, there b no longer cai^ for the frequently expressed
apprehension that the alienists will see in every criminal an
insane person who belongs in their hands rather than in those
of the criminal judge. I mentioned in the last diapter that
serious nwntjtJ diseases exist ofteiter than judges thinlf , but
"de l^e data," we are modest in ^>plyiDg § 51. We do not
go nearly so far as Krohne * desires, whom experience ot crinn
inal justice induces to say: '"The more the conception of the
pathological disturbance of the mind which entirely pre-
cludes the exendae of free will is comprehended by l^islators
and judges, the more possible will it be to remove frcHn socie^
the lai^ number at mentally defective persons who are not
able to withstand the temptaticai to transgress the law, and
thus become a true pest to society and to the judge, eitbef for
always, or until th^ are no longer dangerous." We are for-
bidden to go as tar as tlus at present by the .narroi^ limited
text of the Ufs and by the opposition of the judges, who
are often extremely difficult to convince ot the existence al
serious psycboses. I also fear that there would be no eod
to those exempted, if we should proceed according to this
proposal. •
The establishment of the outward dicomstancea undo:
which a crime is committed made it posnble clearty to per-
ceive a number of causes of crimes, of which I wonld mention
agun the influence of the seasons, the economic situatioo,
and pc^nlar or national customs. From this it fdlows that
crime is, in the first place, a sodal phoiomenon; every a^ has
the crimes that it produces. But not everyone becMoes m
> Ktahu. Idc ed. p. 27«.
"- _„ L ,l,z<»i:,.,G00gIf
§ 20] CLASSIFICATION OF CRIMINAIS 205
crimmal; an individual or, as Sotmner * calls it, an atdogenic
disposition, is necessary for that. This is the true kernel of
Lombroso's doctrine, even if the stigmata that he gives are
wrongly, or not sufficiently, prov«i. Every crime is the
product ot natural disposition and training, of the individual
factor on the one side, and of the soda! conditions on the other.
It would be very fine if we could use this point ot view as a
sign-post in classifying criminak. Hiey would then be divided 1
according to whether the individual or the social factor I
predominated. But any such attempt unfortunately meets
with the great obstacle that both causes are united -in almost
every crime, and yet, for practical reasons, an effort at
classificatian cannot be avoided. Any division into gronps
has something forced about it; the wealth of nature fights
against being classified in an artificial i^an. This must be
grasped at the outset, so that the establishment of different
forms will not be misunderstood; they are not and must not
be more than a guide to aid in finding the way amid the
multifariousness of the phenomena.
Classification from the psychological standpoint would be
tha best if it were at all possible. At presenUJiowever, the
problem is absolutely unsolved, and such attempts lead only
to the most adventurous constructions, without any value.
As a curiosity, that of Krauss ' may be mentioned, who
divides criminals into (a) men of strength ("Kraftmenschen"):
1, the monster ("UngetUm"), 2, the choleric individnal
("Choleriker"), 8, the passionate individual ("der Leiden-
sdtaftliche"); (6) the malicious ("BOsartigen"): 1. the
demqniacal ("der Dttmonische"), 2, the intrigant, 8, the
rogue C'Schurke"); and (c) the weaklings ("SchwXchlinge"):
1, the scamp ("Schuft"), 2, the sneak ("Schleicher"),
■ toe. eit. 818.
* KnuM, "Die I^7dK4ogie dea Verbrechau," Tabingen, IB84, p. tt7.
I ,-™:..C00^^lc
[
206 THE INDIVIDUAL CAUSES OF CRIME [% 20
3, the vagabond ("Luiiv")>4> tlie Caliban. This. <tf conne,
is nothing but puie novdistic pefycbolofjy.
Fmi ' diittinguiabea between five groups: crinunal insane,
bom criminals, criminals hy aoqniied habit, occasional
criminals, and criminals of passion. As Feni only intended
to deal with the sodological significance of criminals, he does
not hesitate to include the insane. The conseqoence is, that
he. and, to an evos greater tsteat, Lombroso. obliterate the
line between psychic disease and criminality. Tbie iodivido-
als dted by Lombroso as examples of mattoids (semi-insane
persons) were all actually insane. The bom criminal is dis-
tinguished from the criminal by acquired habit, in that, from
bis eariiest youth, criminal instincts are inherent in tiim,
whereas they are merely early inq>lanted and developed in
the other as a lesult of physical and sodal evib and n^ect.
As the starting point of his classification (Hrik * takes the
criminal will, through whidi the purpose of the penal^
(the protection of sodety by deterrence, discii^ine, and
rendering the criminal innocuous) is determined. He dis-
tinguishes three main groups, according to whether the will
is weak, ot average (normal) strength, of particular intenaty
and obstinacy. In view of the difficulty of estimating the wiD
according to these gradations, I consider the prindt^ un-
practical and too sidijective.
f^'At its meeting in Heidelbei^, in 1897, the "IntetnatiiHiale
I y rifpinaliirfiw hp Vfrpinigiing" Hiirf-iTigiiinlM ^ th"y gw ^'p' T *
■ 1. Momentary (occasional) criminals;
2. Those criminals whose crime and {seceding life show
that, in consequence ot defective intelligence or tzaining, ot
> Lot. at. p. Sff.
* (Hrik, "Cber die Kntmlinig der Tofaredm mh biaaaiaa BOiiwht
Mif ifie nDtencheidmig nriodiai Gdqjcnbcil*- und GewolmhehaTefbndtan"
(ZStW. XIV, 76).
> Uittea. dec I. K. v.. TL sat.
_.,l,z<»i:,.,G00gIf
8
20] CLASSIFICATION OF CRIMINAIS
consequence of later influencea, thtat ability to sutqect
I themselves to the existing standards is weakened, and with
I whom the apprehension seems well-founded that neither a
I fine nor a brief loss of liberty will be of sufficient effect:
S. Criminals whose rehabilitation in social life aa regulated
by law can no longer be expected.
As its sole leading ide^ this classification has taken the
menace to legal security, as appears in the direct connection
of the classification with the penalties to be applied, and it is
the menace to legal security that arises from the natural dis-
position of the criminal, not that which is due to the frequently
accidental gravity of the crime, that is considered. I should
like to adhere to this grouping, but consider it desirable to
divide it still further. My clas^catioD is composed of the
following seven groups:
1. Chance criminals,
5. Criminals of pas»ob,
8, Criminals of opportunity,
4. Deliberate criminals,
6. Becidivists,
0. Habitual criminals, and
7. Professional criminals.
Chance criminals are those who come into contact with the
Penal Code as a result of carelessness. A cellar door left
open, a burning match carelessly thrown away, an error in a
ptescriptioD written in a moment of mental fatigue, cardess
<biving, a runaway horse, any of these thii^ may put the most
req>ectable, huouute man in the dock. Often the damage done
is enormous, as, for instance, in railw^ accidents, while the
responsible switchman m^ be still less to blame on account
of extreme over-fatigue. There is absolutely no suspicion
of any intention to injure public legal security.
lliis is 1^ true to a great extent <d the crioiinal ot paaaoa,
v'.oogic
208 THE INDIVIDnAL CAUSES OF CBIBfE (§ 20
who is earned away in a moment of excttement and loses }m
power of ddiberstion. His crime, as <Hrik says, is produced
solely by his emotion, of which it is the natural ezpresraon,
and the passion itself is psychologically explicable and ex-
cusable. The case of the husband who surprises bis wife in
adultery and kills her is often quoted as a typical exanqde.
The idea of emotional passion has found far-reaching recogni-
tion in the German Penal Code in the conception of def enae.
Tbe significance of passionate excitement seems to me to be
especially inqmrtant in mob crimes, the commission ti iriiich
has been discnssed on page 121.
I should like to limit the expression "criminal oS passHm"
to those vbo act in a momentary wave of passicHiate emotiMi,
in acute excitement, and not indude, as does voa lisst,'
those individuals who are constantly dominated by passicais;
be mentions, for instance, several notorious women poiscHKts.
These persons are continually under the influence of their
emotional excitability; it is their innate chanict» that de-
termines their action, not an external impulse, which, in the
storm of feelings, destroys all cool reflection.
Closely related to the crimes of pasnon, but distingoisbed
from them by greater weakness of the e»ated ^notions,
are the crimes of opportunity. It is proverbial that the <^
portunity makes the thief. For the poor devil who keeps s
piece of money that he has found, for the starving wretdi
who appropriates a loaf of bread in passing a baker's shf^
temptation is overwhelming. In the one case it is more ex-
terna] chance, in the other, physical conditiim, that favors the
commission of the crime, lliese are the least serions cases,
in which everyone will view the deed in a mild li^it. Thae
are graver instances, howev^, in which, thon^ the diance
<q>portunity is indeed the outward occasion, the deed itsdf
* (OR lutt. "Stnbecbtlidie AntdltK und TocMise," 11, UT.
- Coogic
§ 20] CLASSIFICATION OF CRDONAIS 209
indicates particular weakness of character. In this class
belong many criminals against sexual morality and the thief
who robs the till that he happens to find open in a shop.
To such crimes, too, must be added probably moat of tiie
excesses due to alcohol, in which the emotional passion must
be considered of secondary value.
All those offenses against the l^al order which have just
been mentioned have this in common, that they owe their
origin especially to chance, to an unfortunate eonstellatioD;
these are only different forms of what the "Intematiooale
Kriminalistische Vereinigung" calls "momentary (or occa-
nonal) crimes." The subdivision, however, makes it appear
distinctly that in the class of momentary criminals there are
also highly respectable persons, who are divided by a very
deep chasm from the thieves who rob the cash-drawer.
Quite different must be our judgment of the cnme that ia
carried out with deliberation, the preliminary condition of
which is the calm, premeditated plan; with no trace of haste ,
the scheme is formed and ^xcuted. There is a vast difference
between the psychological processes that lead to embezzle- '
ment or the theft of food, on the one side, and to burglary
that is moat intelligently carried out with all the advantages
of modem technique, on the other.
In individual cases, it is true, the boundaries are blurred.
When the opportunity is particularly tempting, when a theft
happens to be particularly ea^ of execution, the act, in spite
of its premeditation, loses something of its gravity and often
assumes almost the character of an opportunity that was not
allowed to slip. A crime that is committed in a moment of
excited passion also sometimes approaches a premeditated
one, when, for external reasons perhaps, the immediate reac-
tion to the insult or injury that has been done to the man's
honor was not poaaible. The excitement, 8ome\^iat reduced
Coogic
210 THE INDIVIDUAL CAUSES OF CKOfE [% 20
in strengtli peili^M, coDtinues, and thus du^ later lead to a
premeditated crime. Nev«-theless, the psychological esti-
mation of the act that is committed in the moment ot passion,
and the one that ia dd^ed. Is naturally different, although
the two are inwardly related.
Much more dangerous to le^ securify are those crimes
that are carried out with the systematic use of all the advan-
tages that offer; the danger grows if the perpetrator adapts
the'outward circumst|Uices to his wishes, and if he combines
with others for the purpose of committing the crime.
The Penal Code regards as a rdapse the repetition at the
same crime after the earlier sentence has been servedT" F^-
chologically, however, the term must be more broadly com-
prehended. We must recf^nize as a relapse the repetitiott
of the crime, even if no penalty lies between the commission
of the two acts. But it is not enou^ that an individual shows
the same weak power of resistance to the same temptatioQ;
we must also regard it as a relapse if the offenses that be cran-
mits, such as theft, concealing stolen goods, embeazlementi
and fraud, or such as assault and battery and insult, qning
from similar psychological motives. According to the exist-
ing criminal law, however, unless he commits the same
crime, a man is not considered a ret^vist, except in the case
(A theft, and then he must have been twice convicted tor
receiving stolen goods, robbery, or robbery and extortion.
It must not be left unsaid that women show a stronger
tendency to relapse than men. Sacker ' see^ the reasons for
this, partly in the nature of woman, which is quicker to ac-
quire a habit and clings to it longer, and partly in the diffi-
cult with which women must make thdr way in the worid.
The first reason seems to me less important than the secood.
3,a,l,zt!dbvG00gIC
§201 CLASSIFICATION OF CRIMINALS 211
"L'hotnme peut braver ropinioa publique, la femme s'y
doit soumettre," quotes Sacker, and rightly. A woman
who has once been convicted has much more difficulty in find-
ing a new situation than has a man, and therefore sinks
more easily.
While our penal code takes no account of former con-
victions unless they were of the same crime, our criminal
statistics include as recidivists all persons who have abeady
been convicted — for good reasons. Only in this way can we
get an idea of the danger that threatens society from the
habitual criminal. It would be a mistake to see in him always
the activity of positive criminal tendencies. A large number
of the noore harmless habitual criminals, the tramps, who are
the dmly bread of the police organs and district courts, are
characteristic examples of an habitual criminality, due mainly
to nc^tive qualities. Incapable of serious work, dulled to
all fear of punishment, indifferent to everything, they wander
from place to place, suffering hunger and thirst, frost and
intense heat, sleeping sometimes under shelter, sometimes
in the gutter, and yet only a very few among them are able
to brace themselves and return to a life of industry.
Among the remaining habitual criminals, too, n^ative
qualities predominate, especially in those who grow up m a
criminal environment with no fear of the disgrace of punish-
ment, become utterly depraved, and live on lazily and plan-
lessly from day to day. Their criminal activity changes with
their opportunities and needs. Their attempts to work their
way up tail because of then inability to withstand the temp-
tations that are all too frequent in the mire in which they
live.
Much smaller ia the number of criminals with poutive
criminal desires. Usually tb^ only graduaUy develop into
what they are, but once th^ have become specialists ot a
Coogle
212 THE INDIVmUAL CAUSES OP CBIUE [§20
oertun kind, they axe irredeemably lost to socie^. Hiar
inteUigoioe is greater thao that <A the ccMmnoD aeaaop irho
takfis any opportunity that offers; geDeraOy they inak oo a
large scale. To this class belong the international {nck-
pockets, who only "work" on great occasions, at horse-faces,
etc., the burglars wlto (qierate with all kinds of dtemical and
technical iqipliances, and the "gentlraaai swindlers" ("Hoch-
stapler"). To tltem, all crime is a proteaaon. It is ranaik-
able that our l^islation knows of no "occupational crime"
«ccept concealing stolen goods, gambling, poadiing, ostuy,
and prostitution, that " the l^slator is enUi^ unacquainted
with precisely the chief present-day types of crime as an
occupation.^ " It is just these crinunals -who are incorrigible
in the true sense of the word. They, together with a small
proportion of tlie habitual criminals, correspond to tbe group
clasafied by the "IntematJooale KriminaKatiache Verdni-
gung" as "criminak whose rdiabilitation in regulated social
life cao no lougN be expected."
Our statisUcs show, it is true, that the Dumber of the
"incorrigibles" is very much larger; in the social seaise, prob-
ably at least half of all the penttentiaiy piisonas aie irre-
deemably lost. The majority of this group is made tq;> i^
habitual criminalE, only a small proportion b^ng criminals
by occupation. This distinctjos has more than a theoretical
interest. In both cases the menace to the ]egai security
arises from the individual dispoeitioD. One group, however,
succumbs rather to inability to get on hcmestly in the world,
an inability that is often connected with physical and mental
inferiority, almost always with insufficient and defective ttain>
ing and education. The professional criminal, on tbe oth»
hand, just because of bis ctmsistlht and purposeful activity,
his energy and bis pleasure in his occupation, will, from the
* mm LuMt. "StmlRchtlidK AntAtae und Vorbm" H 9U.
I _,..■ . Google
§ 20] CLASSIFICATION OP CRIMINAIS 213
begmning, oppose any attempt to improve him vitb a much
greater inn^ resistance, which leaves little ground for hope.
This das^ficaUon does not pretend to be easily mastered.
It will not always be possible, even after long study of the
individual, to classify ev^y criminal correctly. Often, too,'
one form develops out of tutother. Still, if all the causes of
9 crime are carefully considered and tlie character of the
perpetrator sufficiently studied, it ought atwqrs to be possible
to ascertain to v\uch group he approaches most nearly.
llie value of such a tedious separation of the harmless from
the socially dangerous does not lie in the desire to systematize,
but in its bearing on the future, which appears in quite
another light if we are confronted by a chance criminal in-
stead of a profeadonal criminal. And on this depends what
is most important of all, tlie method to be used in the war
^laiiizodbvGoogle
^laiiizodbvGoogle
PART m
THE STRUGGLE AGAINST CRIME
§ 2L The Ctimiiutl Fbjiiognomy of the Prwent
The menace to public safety from crime has assumed pro-
portioiis that must be somewhat threatening, even to the most
nnshakable optimism. Wach * does, indeed, assert that
"No one will deny that we are living in an otderly, healthy,
and satisfactoiy legal state," uid further, "Even the dis-
quietiDg limpreswon that our criminal statistics at first make
decreases on closer observation." He e^Iains this by ptnnt-
ing out that, on examination, we find the number <^ first
convictions to be on the dectease. and the tdiole increase to
be placed to the account of recidivists.
According to this, in order to obtain a correct impreswon
of present-day l^al conditions, we must consider three
questions : first, has the number of delinquents not previously
convicted really decreased; BecxmSj, what is the theoretical
and practical significance of the increase in the "recidivists";
and, thirdly, can the l^al condition in which we are living
really be called healthy?
It is true that the number of those not previously convicted
has decreased. Of the last twenty years the year 1900 has
the lowest number <^ those convicted for the first time. But
this decrease, unfortunately, is very slight, and is not an
absolute one, but is only in proportion to the total population.
Tbe gi4>s left in the criminal army by disease and death,
1 and imprisonment, are almost entirely refilled by
> Waek. "Znkimft (k« Stnkb«(^t^" p. C
21A
L ,l,z<»i:,.,G00gIf
216 THE STBUGGLE AGAINST CBIME [§21
oewcomers. Thus theie cao be do qaestkm of any decreaae
worth speaking about in criminal tendencies in generaL
This is most clearly proved by a summaiy of the last twmty
years, in four sections.
To be sure, even then the last five years are the most favor-
able. But the whole decrease in criminality amounts to only
one person for every million persons of punishable age. And
if we consider the different crimes separately, evm the most
incorrigible optimist can no longer rejoice at the supposed
decrease in the number of first convictions. If we do not
include larceny, which is too largely influenced by economic
fluctuations, improvement is found only in the (Senses ot
resistance to State authority and violation of oath, "nie
numba of first convictions for assault and battery, fraud, and
offenses agunst chastity and decern^, oa the contrary, is
increasing considerab^. It affords as only a crumb of comf tnt
to know that the share oi the recidivists in these t^teaaes has
Increased much more rapidly than that of those convicted
for the first time, and that a larger percenta^ of most dimes
are committed by them than by the beginners.
The latter is especially noticeable in the case of juveniles, —
for obvious reasons. Six years is such a short period that
the individual is no longer a minor when later sentences an
imposed. But is not the fact that nearly one-fifth of sit the
juvenDes soitenced have already heai convicted once, and
some even ax times and more without a parallel in sadness?
B, at the same time, the number of all formerly unconvicted
delinquents had decreased, we mi^t be more inclined to
console oursdves with the idea that these early cmnipt
persons r^resent the share contributed by mexital and
physical inferiority. But, instead of that, we see a fresh and
evergrowing stream of juveniles appearing before the crhmnal
judge. What makes this of graver ognificance than it would
S211 CBIMINALPHYSIOGNOBIYOFT
1
t
1
n
1
1
1
>•
1
2
Is;
S ! S S :
s « - 1
1^1
S ! 3 S e
: ' " i
l«S
S 5 « S s
i s "* 1
ici
S 1 8 C S
S 8 * 1
1^1
i I I - =
g p - 1
1^1
i g ! S >
- * " 1
Ui
5 = S S 5
1 s s 1
ls|
1 g ! » »
E s ■* 3
lei
E i S E S
3 = I
1^1
litis
: 3 £: S
M
! I S ! >
' 8 S 1
M
5 S S ! s
! C S 1
m
1 1 1 s £
S s 1
in
1 1 1 ! i 1
3 « 1
Pi
1 i M ! =
S 8 g
m
1 i i S i i
2 » )|
''
i!:iil
lil
<»i:,.,G00gIf
218, THE STRUGGLE AGAINBT CBIHE [§21
be with adults, is the tact that, annually, of every tVm^"H
young penon&, six are dealt with by the courts, and that ov
educational methods cannot succeed in <dtecking the new sup-
ply that annually feeds the army of criminals.
TABLE XXXVII'
10a;000 MnoM
188S
1880
1S»1
The most important crimes committed 1^ juvoiiles wen
^ven in Table XXX; the figures show a steady increase since
the year 1882, except in simple theft. The offenses enumer-
ated have not beoi subjected to any diange in the l^islative
enactments during the years reported. Hence, the conchisiaB
is unavoidable that brutality, recklessness, and lioentiouaneas
are spreading more and more in the growing generatioD.
The reasons for this have already beat discussed; I merdy
wish here once more to establish the fact, how eztraordi-'
naiily dangerous juvenile criminality and its ccmtinued in-
crease are.
The number (rf juveniles convicted during the last year
> "Statiitik (. d. Dcntadie Bocb," N. F. CZLVI, L p. S7.
§ 21] CRIMINAL PHYSIOGNOMY OF THE PRESENT 219
(190S) of tlie impeiial statistics amounted to 50,219. Nearly
four-fiftha of these were entering the criniinal world for the
first time, soon to comi>ete with its veterans. But that the^<
first step does not uauaUy mean merely a single lapse, but
generally the final break with a mode of life in accordance with
the taw. is shown by the number of recidivists; each convic-
tion heightens the danger of relapse. Again and again we are '
confronted by the fact that redemption from crime becomes ,
the more difficult, the oftener the person has been convicted. :
A number of those already convicted as juveniles attain thdr|
majority evwy year; they are then lost to view in the generali
herd of rei^divists. ,
This state of affairs is depressing enou^.
Here, too, we see that, from year to year, those who have
Already served sentences are more strongly represented among
the oonvictions. The number of those convicted three times
■and more has doubled and trebled. The last two rows of the
-table show the course of those crimes in which relapse is
considered an aggravation of the offense, because the repetition
of the same crime implies its professional practice. Habitual
fraud has grown considerably more frequent in the twenty
years given, while the number of r^ieated thefts has decreased.
But this does not prove that the professional Uii^ has really
grown rarer.
Among the recidivating thieves, just as among those con-
victed for the first time, there are certainly not a few who suc-
cumb the more readily to temptation, the more unfavorable
-external conditions are. This is supported by the fact that
we find the highest number of reddivatisg thieves, as dis-
cussed on p. 105, in the economically poor yean 1882 and 1892,
And the lowest number in 1888 and 1900. I think we may
assume that the professional thief is influenced by prosperous
-or hard times only as regards the success <^ his acUons, not
I ,.,-<: ■-Cookie
220 THE STRUGGLE AGAINST CRDIB [§ 21
aa r^ards the intensity with which he i»actises, while the
decrease in the repeated thefta is at the cort ot the BtHiiewhat
mote harmleaB occasional thief.
TABLE XXXVm*
ll
n
isas
ISU
IB8S
IBM
18S7
1B88
1880
ISM
IMl
IBM
IBM
IBM
ISM
ISM
1S97
IBM
ISM
IMO
IMl
Since a few years the statistical department has tried to
carry out a new calculation, that is, to keep an account c^
the fate of every convicted person.
Released offenders reappear before the criminal court in an
astonishingly short space of time; the sooner, the more fre-
> After "SUtutik des Deutacben Ratittt." N. F. CXLTI, l,f.l9.
§21] CBIUINAL PHYSIOGNOMY OF THE PRESENT 221
quently th^ have already beoi convicted. The number of
tanaet convictions is naturally a direct proof of criminal
tendencies, yet it is surprising to learn that the relapse into
dime often occurs within the same year; this happens in 4%
of the cases of those already convicted once, in 6% of the
esses of those who have five or more convictions against them.
It must not be overlooked that the sixth and all additional
TABLE
NoPbon
CcwntTiioB
1 Fc»«
Oumcnoa
r"^-
C^U
Intbefintj'Mr ....
" " ncoDdyeu . . .
" " third " ...
" " fourth " ...
" " flfth " ...
*7.*
87.«
1».4
190.1
98.4
«9.4
58.9
41J
IS>.4
144.S
W.4
«9J
M.4
M>.4
80S.S
1«.B
84J
M.1
Not le^onvictod during
iMteoDnction ....
1M.4
s«8.e
8M3
4S0.T
7£7.«
ST9.8
sentences usually commit the individual to prison or peni-
tentiary for many years, so that he is deprived of the oppor-
tunity for other offenses for a long time.
Of the 98,411 persons, who at the time of their conviction,
in the years 18M to 1896, had already served five or more
sentences, 72.7% recidivated in the course of the five years
foUowing their last conviction. I can scarcely believe that
this number will rise much higher in the next years. Emigra-
tion, disease, death, and long imprisonment probably so de-
crease the number of the persons recognized as habitual
"Stotiitik dM Deutsehen Beiche^" CXLVI, I. p. S7.
".OOglf
222 THE SIVUGGLE AGAINST CRIME [§ 21
criminak in the yean retorted, that it would oearfy t^proad
100% if we could take into account the reduction made hy
the factors mentioned above. Thia, too, would agree with the
eqierience of prison officials discussed on page 802.
A couHidnation of the Idnd of rdapae shows uSi farther,
that most habitual criminak are not particular in their dbcMce
of crimes and do not limit themselves to one kind ot one groi^
ot crimes of psydudogically equal value. Of the rdatpats
that occurred during the years 1800 to lOOI, 87.8-38.1%
were fi'n'l^"' in nature, 20.6-80.7% were not similar bat le-
lated, and 41.8-41.6% were neithn similar aor rdated.
The very sli^t variation in the different years, whidi does not
amount to more than 0^%, shows that we have to do with a
regularly recurring phenomouHi. It is ot great inqiortaitce for
a correct jud^nent of criminality in Germany to remember
that those (lenders who have several formn convktions
against them are least coocemed in the relapse into the same
or similar crimes, a proof that with these most dangeroos
criminak there k no one-sided spedalizatimi, no pnrfesmonal
crime. We find Uus spedalicaUon most frequently in <^enMS
agunst property; 77% of the thieves, 8S% at the swindlen,
c<Mnmitted similar crimes again in 1901, iriiile the percentage
iq assault and battery was only 66, against sexual morality 61.
in resistance to state authorities only 29.
Whoever has once got deep into the mire of criminal life
k scarcdy able to get on to firm ground agun. It k quite
certain, however, that our penalties are ineffectual, in so far
as they are intended to deter from relapse. The oftener efficacy
of pimkhment has been tried <m an individual, the less can
we hiq>e for success from thk means. This is the practical
o(Hkclusion that must be drawn from the statistics of relapse.
I must confess that I have experienced no "decrease td the
disquieting impression that our criminal statistics make at
§21] CRIMINAL PHYSIOGNOMY OF THE I^I^ENT 223
first," nor can I aee ai^ ground for such a decrease. The
statistics show a tremendous afflux of sodally dangerous
persons, which, in the case of adults, it is true, seems to have
come to a standstill, but which, in the case of juveniles, the
hope of our future, is progressing unceasingly; th^ prove tltat,
probably with the first, certainly with the third or fourth,
conviction, the hope is destroyed of ever reclaming the
criminal from his unfortunate career; finally, they teacli
that the fall into the abyss usually takes place in a veiy short
time, and that our p^ial system is unable to check the grow-
ing depravity.
The vast army of lawbreakers lives, more or less, at the '
erp&OBe of the peaceful citizen, who year in and year out is j
called upon to build new prisons, workhouses, and peniten-
tiaries, and who must meet the cost of the mfuntenance '
of the convicts.
It is scarcely possible to estimate the damage that the indi- .
vidual suffers through theft and fraud, arson, assault and
battery, and sexual crimes; at any rate it is difficult to express
it in figures. The att^npt must, however, be made to gain,
at least, a superfidal survey of the situation.
In the year 1909, 797,112 acts were dealt with hy the courts
as Climes or offenses. These acts, whether or not the person
suspected of them were acquitted or convicted, are a better
criterion of the injury done to legal security than the number
of persons convicted, for every act involves an injury, whether
or not the accused person was guilty.
These 798,000 are in reality far betow the actual number of
criminal acts committed. Only those criminal acts come before
the court of which the perpetrator is rightly or wrongly thought
to be a certain person; the numerous thefts, the rarer but
ao much more serious murders, where no evidence can be
f otmd on which to base criminal proceedings, all these crimes
, ...... C.oo'ilc
224
THE 6TBITGOLE AGAINST CBDfE
1521
. «re lackiBg. Ajs u irdl known, the idea of tlie ''coDtmned
act," tliat U, the supposition that several acta owe their
origin to one primaiy resolution, is very mudi a matter al
subjective interi»>etatioii. Wherever the courts assume »
continued act, the statistics show, jiifft^ttd ol trequenttf
ntuDerooa individual ibcts, one number only. Thus the
figures given in Table XL represent only the minimum ci
damage that honor, health, and pn^>er^ suffered in 1900 .
TABLE XL
CUNTILIIUMB IN G^UUXT IN 1909
(Fb» the "KriminalrtatiaHk dcs DevtKkeB Kckbd," CCXXXVU.)
nolcaee and mmOI oa aUte
beacb «l ths pcMX . . . .
Indocing mmMi to 1
Iiukcait awullfc ei
Inanlt
aiq4e MMoh and battctr
Ag^mtod MMoh aad iMtto;
Petitlucaijr
Petit IsK^y when freqneotljr iqwatcd . . .
GtMtdUKaiy
Gimnd luonr whm faequaitlj repeated . .
£mbeidan^t
Frud
Fisnd beqvaitl; npMited
FotgciT
UaUcioot miMhtef .--..-
SLttt
4«7
I10.S3S
97,ait
«15M
us.su
S3,01S
ICJM
51^19
l!M3fi
12,4*6
S0,S9T
7V7,lIt
To charactmse the legal situation. I wiU sdect only a few
examples. The thefts, frauds, and onbeszlements indode
S48,648 single acta; unfortunately we have no idea, even
approximately, how great the average damage was in eack
individual case, but there can be no doubt that natkmal
prosperity sustained a tremendous injury throng theae
crimes agunat property.
DiailizodbvGoOgle
§211 CRIMINAL PHYSIOGNOMY OF THE PBESENT 225
It may be objected that the sums embezzled remun m the
oountiy, and the amount of ihe hitter's wealth, therefore,
leDUtina the same, though a displacement has occurred. But
it is l^ no means indifferent to tlie prosperity of the people
whether an industrious business man is ruined by a futhless
employee, or whether the money taken goes the usual way
to the saloon or to the prostitute. Without exaggeration
it can surely be asserted that stolen and embezzled money
generally serves to chain the thief and the swindler to their
criminal life with unbreakable tetters, and even, because it is
so quickly squandered, artificially to support the worid of
parasites that Uve thereby, the recover of stolen goods, the
prostitute, the bookmaker, etc.
It is easier to measure the extent of the damage in the case
of sexual crimes. In one year, 8856 children under fourteen
were the victims of indecent assaults. This is less than the
actual number, for the court often treats the crime as one
act even thoi^h several children are involved. Now, even
though often no physical or enduring injury can be proved,
and there is at least the hope that the child may forget the
occurrence, yet the memoiy of this sad experience remains
with many children for life, poisons thetr mode of thought,
and is felt to be an ineradicable stigma.
finally, for a third kind of crime, I am able to give a furly
accurate calculation of the social damage. In my work
mentioned on page 77 I was able to prove that diuing two
years the average loss of work of every person in Worms who
was gravely injured in an assault, amounted to 7.S days.
It we take this as a measure — and it is certainly not exag-
gerated — of the material damage due to the serious injuries
in the year 1908, we obtain tremendous figuiea. The num-
ber ti criminal acts that actually came to trial amounted
to 94,883; counting a loss of 7.S days for each act, we get
I ,.,,:■.. Cookie
226 THE STBUGGLE AGAINST CBIME [§ 21
a loas of 692,645.9 days, or, couDting 800 workiag days to die
year, 2306.8 yean ! This munber, then, representa the actoal
lo§s of work annually caused by our taunts of the blade.
In this cakrulatioD I have refrained from including the
in^gnificaot injuries, as wdl as two cases at manslaughta and
five cases of injuries likely to result in death. If we assnnie that
such grave cases are everywhere equally common, we should
have S65 deaths every year, and 900 dangerou^ wounded
persons. How many of these are the support of thor families?
Would a womao, whose husband is brought home to her
stabbed by some ruffian, join in Wach's mockery when he
asks, whether it is of any use "to ke^ an incorrigible ru£Ban
in prison as a life-long pensioner of the State, because, if he
were at liberty, he might give sraneone or other a slash"?
Such utterances are calculated to rouse the quite unjustifiable
feeling that ereiything in our legal state is sound and satis-
factory. The parents whose diild is ravished, whose son,
their sole hcq>e, is cripjded tai Me, tdl another tale. Tli^
do not feel that we are living in "well-regulated, satisfactory,
healthy l^al conditions."
Hie picture that I have drawn here, the most important
points of which I have briefly emphaazed, b one of far-reaxdi-
ing public insecurity. The injury done to social life year l^
year is immeasurable; there is scarcely a gleam of hc^e tor
tbe future when we confer that for years the most important
and serious crimes have been steadily incieasing, that, above
all, our juveniles, the hc^ oS the future, so eaily and un-
reservedly embrace crime! We see whither we are steoing
unless energetic action is begun. But this must be done aom.
and it must be purposefully done.
^laiiizodbvGoogle
5 22] PREVENTION 227
§2S, Fnraitioii
Our consideTatioa of tlie menace to legal security at the
present day ended in a dissonance, whi<^ it is now for us to
resolve. Was it, therefore, necessary to punt present and
thieateniog l^s) conditions ao black? Does not such a
picture produce a feeling of impotence, that fearfully watches
the evil approach without any effort to ward it off? I think
not. Only he who looks clearly into the future will find the
ri^t course in the present.
Whoi, some twelve years ago, the cholera broke out in
Hamburg, our health autiumties did not conceal the disease,
as was done in many other countries, did not represent the
danger to be less than it was; they announced clearly and ,
without reservation what a dangerous plague threatened
Germany, and with adamantine strictness enforced all the
measures that would prevent its further spread. And they
were thorou^ily successful, as we know. Hius, it seems to me
today, in regard to present legal conditions, that the una-
dorned truth is necessary if we are really to hope at all for an
improvonent in the unendurable ntuation.
But the work of the health auliiorities did not end with the
extermination of the cholera. Th^ sought for the causes of
the epidemic, and, by providing Hambui^ with a better water
supply, permanently protected it from similar sad occur-
rences. This "prevention" has always been considered the
first and most important duty of the physician, and I know
of no more grateful task for the criminologist and sociologist
thui the prevention of crime.
The way to improvement is long and tedious, but the goal
no longer looms so misty in the hopeless distance. We know
the obstacles that separate us from it. If all forces work
together with a sin^e purpose, they must succeed in leveling
the way, and every step forward must be the starting-poiDt
, ...... C.oo'ilc
228 THE STRirGGLE AGAINST CBIME [$22
of new oideaTon. Every measure that hdps to make: the
people physically, mentally, and eoononucally hesltliier is a
weapon in the strug^e against the world ot crime.
Ferri* has called the methods used to prevrat crime "penal
substitutea." This is incorrect, for th^ are not intended to
take the place of paialtiea, but to make the aiqilicatioa of
the latter unnecessary. Tliese preventive measures corre-
spond to the duties of social hygiene. Sence the discuasion
of prophylaxis rightly b^ins with the ciiiet tasks o£ aodal
hygiene, the struggle against alcohol and against poor eco-
nomic conditions, because we have reoi^nized in them the
causes of the crimes that are, on account ol thar frequoKgr,
most important.
If we could do away with the custom of drinking, the
numerous crimes that i^ ** be traced to alcohol and its *Y>"fff
quoices would be strangled at birth. Not all crimes, and not
evnywhere. Not all, because we cannot thus destroy the
brutality and fighting propensities of some individuals. Not
everywhere, as we have se«i in Southern Italy, whoe the
knife sits loosely in its sheath, even yrbssi alcidid is not thoe
to ^ve the impulse. But with us in Germany a limitation
of the present regular custom of drinking would be an infioibe
blessing to all the many unftfftunates to whom a fit of in-
toxication means lasting ruin.
S)q>posing that with one blow we could do away with the
abuse of alcohol, the number of annual convictions would be
reduced by one-fifth, with the omission of the-Qases of aggra-
vated assault and battoy, or at least l^ one-tenth, if ooiy
half of such cases can be attributed to alcohoL Sotob 50,000
persons less would come before the criminal judge every year,
apart from the numerous cases at ;nmple assault and battefy,
insults, etc., that can be traced to the same cause. lUs is
I Ftrri, "CrimiiwI Sodelfagr" P- lU^
§221 ^ PEEVENTTON 229
no fantastic viwm; it might almost be called eqioimeotal
experience. In Ireland, Father Mathew ' succeeded, by the
power of his personality and his enthuaiastic speeches, in
TTialring total ^Mtaluers of 1,800,000 persons in the course <rf a
tew years. The result was, that, whereas, in 18S8, 12,006
sestttus crimes were c(»nmitted in Ireland, in 1841 the number
had sunk to 77S, the sixteentii part!
The slight pennanoice of this unexampled success proves,
it is true, that the method employed was not the ri^t one;
moreover, with us in G«inany, we can never expect to educate
the people up to permaoent abstinence. Less hopeless, how-
ever, is the attempt to teach the broad masses how few of the
good qualities generally attributed to alcohol it really pos-
sesses, and how great, on the other hand, is the damage it
does to health and prosperity. To many, liie efforts to
do aw^ with the abuse of alcohol, especially to oppose the
"occasional drink," seem to be merely a fad, a sort of hobby
of uninvited national philanthropists. They are not so to the
man who has recognized the relation between the occawnal
drink and crime, who knows that the pleasure of a convivial
evening may have to be paid for by years of suffering, who
has seen the extent of the injury that is inflicted on our na-
tional prosperity by crimes committed while the criminal is
intoxicated.
In addition to instruction given to the people, who should,
moreover, have the good example of the educated to follow,
other methods of combating the custom of diinkuig should
also be used. An extremely high tax on spirits, and higher
ones than at present on wine and beer, will not easily be ob-
tained in Germany. The "drop of cheer," and the "liquid
bread," of the poor man, must not be made too dear; agri-
culturist*, too, will make up their minds with difficulty to a
' fioM-, "Der Alkolidimiii," p. S9S.
L ,l,z<»i:,.,G00gIf
230 TBS STRUGGLE AGAINST CBOCB [§22
refltrictkm of the <li«HH«rinn <rf q>irits. Bat the parl^ that
ihoukl due in our B wh rtug to demand hi gher t^ yy^ on aH
aloc^tdic drinks iwigh*. withstand all aotagonistic nnBlanghta,
in the conadouaneas of having thus raised a powerful dam
agwnst the destructive stream ot crime. "Taxes, and es-
pecially all iq direct^ restrictions on the production and sale
of alcohol, are mudi more effective measures than mcnti-
mfftif ii) prison buildings. " '
In this directicm much good may be e^>ected from the
sui^wesnon of home distilleries and the restriction ot bai
licenses, as weD as from the {nohibition of the sale ot qilriti
between Saturd^ noon and Monday, as it exists in Norw^,
from the siq>pression ot drinking in places of emfioyvkaA,
and from the payment of wages in the middle of the week.
All these measures, to which many others might be iMktfd,
are looked upon by the woiking populaticm as interference in
their habits ot life. It is impossible to limit drinking withiMtt
also limiting the woridngman's visits to the saloon, the on^
place where he, especially if unmarried, e:q>ericsioes any de-
gree ot effort. To bring about an improvemoit in the cus-
tom ot drinking, then, efforts must b^n here. A pla^tnnst
be provided where wt^ingmen, without drinking and with-
out regarding drinking as an end in itsdf, can find good and
cheap food, light, warm, oomftHtable rooms, and «itertua-
meot, where they can also take thdr wives and children with-
out being in constant fear of braids. Popular reading nxmis,
popular concerts, the opening ctf the museoms in the evoiing
and on Sunday, gymnasiums and halls for athletic games,
will then, in conjunction with the restaurants described above,
breed in a large, and, espedaOy, the best part, <rf the WMking
class a distaste for the smoky, noisy saloon, and wiU make
the halntual visit to the pubUc-house dispensable.
> Ferri, toe eit. p. iSB.
L ,l,z<»i:,.,G00gIf
§ 22] PHEVENTION 231
But tliis alone wUl not relieve tlie wretchedness of the
lower classes. Comfort and entertunment to be found out-
side may, indeed, ^ve a man some pleasure in life, but liiey
do not make lus own home unnecessary, or at least should not.
Here the methods of the indirect struggle agunst alcohol
convei^ with the efforts to provide l^gienic dwellings,
where, in the interests of health, and, above aU, sexual mO'
rali^, there shall be no renting of beds and no living together
of difFerent families in amaU, inadequately ventilated and
furnished rooms. The construction of small single houses
instead of great tenement barracks, the provision of modest,
but neat and clean, dwellings, if possible with little gardens,
will help to keep the workingman with his family, and will
soon make his own home pleasanter to him than the public-
house.
The broad masses t^ the people must be educated to a^tpre- i
ciate anew the value of family life, the desire for knowledge 1
and higher intellectual pleasures muat be aroused and grati- <
fied. The success of all these 8tq>s, which are only indirectly I
aimed against the abuse of alcohol, will then, perhaps, be I
even more important and permanent than the anti-^coholistic
movement itself.
The fact that theft is lately dependent on the economic
situation, compels us to turn our attention to this question
too; not, however, in order to pursue unattainable, foolish
visions, and to guarantee every man a certain and sufficient
income. The difference in the human temperament as re-
gards saving, economiung, and squandering is so great that
the artificially leveled inequalities would soon reappear. It
is impossible to put an end to desire; it is one of the quali-
ties of human nature that is not satisfied with what has been
attained, that is not bound to the minirmim required for
existoioe, but ^>pean in every situation. It is stroi^est, <rf
, ...... Cookie
232 "mE STRUGGLE AGAINST CRIME [§22
course, wlwie it is directed towards protection from cold and
tbe gratificaticHi of the aiitq>kst needs of life.
Here too, then, we must aiqily the lever to mitigate the
greatest misery. Not by private benevolence alone, altlKMigfa
it finds the widest fidd for its activity just amcmg the vety
poorest of the poor. In the first place, the State and tbe
municipalities must do their duty. Care of the sick and
incurable', r^ulaticoi c^ the ud ffvai to the pocn*, free em-
ploynwnt offices, insurance against disease, accident, and
unemployment, and, in the country, agunst diseases ot
cattle, and agunst haO and fire, compulsory saving
banks, are only a few of the points at whi<ji attadcB can
be made to improve the welfare at the pei^le and protect
them from the worst misery. In econcHnic crises, during
which even industrious workmw lose ihar enqJoyment,
in times in which provi^cHis rise to pn^iibitive prices or the
cold is recessive, the methods moitioned above faiL Then
temporary employment, the distribution <rf bread and coal.
the opening of stations where people can warm thunsdvea,
lodgings for those without shdter, moat all do their part
together with the liberality of the prosperous.
We cannot exterminate theft, but we shall save the best
among the criminals, the individuals who are driven to steal
by desperation and despur.
The unfortunate position of tbe children wbo, <rf ille^;iti-
mate birth or the product of drunken families and criminal
environment, from their earliest years tall victims to mental
and moral corruption, has always challenged compasdon
and energetic action. It would be wdl if we could prevent
the procreation of such usually physically and mentally
inferior children. This is tbe purpose of the widely desired
prohStitioD forbidding epileptics, drunkards, omfirmed mat-
inab, and the insane to many. We cannot eqiect mndi of
, ...... C.ooqIc
§ 22] PEEVENTION 233
such B measure; we can. indeed, prevent marriage, but not
the procreatioii of children, and precisely in the lowest strata
of the people, instead of the Intimate marriage, illegal sexual
relations would flourish still more luxuriantly. Hie time is
probably still distant when procreatioD will be prevented
by castration, although this proposal has already been made
in all seriousness.' For the present, then, our care must
begin at the point where we see children growing- up in crim-
inal surroundings.
Almost equally menaced are those ciuldren who are the
result of marriages which, in consequence of extreme poverty,
consist only of an outward living together and the procreation
of, usually, numerous prog^iy, — marriages in which the hus-
band is at work in the factory from early till late, and the
mother sp^ids her times at the wash-tub, or, as well as her
husband, in the factory. No one is there to look after and
bring up the children; at best, they are left to the care of
some neighbor or to themselves, but c^ten enough they be-
^ at an early age to work too, ddivering bread and news-
piq>ers, selling flowers and matches. The street supple-
ments the events that take place before the eyes of the
diildren in the overcrowded home. Precocious, and with-
out education or training, the poor little mortals are an
easy pi^ to the temptations that surround them on every
side.
Our civil code has left it to the national legislation to pro-
vide for these n^ected children. Fortunately, the s^Mirate
States at once realized the seriousness of the situation, and
in quick succession special laws followed one another, allowing
State intervention even before a child or a minor has shown
by crime that his trailing has failed.
> JVowi*, "Die KMtntion be! g«wi«Kn KlaMcn von DegoHfiertca »U mi
iW Schuti" (Ardi. Erim. Antlir. TO, SS).
234 THE STRUGGLE AGAINST CBIHE [§ 22
The Pnusiaii law <A July 8, 1900,* relatiDg to the "State
education of minors" avoids the expression "compulsoiy edn-
cation," used by most of the States, so that there shall be
no danger of this kind <rf education being r^^aided as a snb-
stitote for penal measures, and a stigma attach to the cjiild.
This would be very unjust, inasmuch as we cannot admit
that the children suffer for the guilt of the parents; besides,
in nkany cases, the neglect is not due to the lack of will oo
the part of the parents, but to their inability to bring up the
child properly because they are prevented bom doing so l^
disease, absence, and dire necessity.
It is true the name does not hdp matters, if the whole
proceeding is not rightly carried out. Evm though a namber
ti mistakes may be regarded as the unavoidable conseqaence
of the short time that the system has had in which to develop,
yet it cannot be denied that serious and e]q>erieDced observers
say quite openly that the State education law does not fulfill
the expectations to which it gave rise.
Perhaps expectations were too high in sonte respects,
because it was not taken into consideration and, indeed,
could not be foreseen, how great the proportion of mentally
inferior children is who require this kind of education.
Among the children who were being given special edu-
cative training whom Tippel ' examined, he found 66.87%
mentally inferior. In the light of this fact it is int^est-
ing to learn that an official enquiry put to fourteen instd-
tutions harboring 544 children called forth the reply that
there were no p^chically defective diildren among themi
There can be no doubt that the difference here lies, not in
the material, but in the judgment, which is explained by the
•eU," end ed^ DOwddorf, IBOl, L. Schwann.
* Tippel, "FtlnorgeeizMiung und Paydtrntrie" (AUg. Jiriftrii. f. ^nk
L ,;™:,C00glc
% 22] PREVENTION 235
difFerence in the special education i^ the persons forming the
judgment. It is essential, however, that, if spedal State
education is to be properly carried out, the institution physi-
cians and the superintendents of the institutions should have
a prelimiuaiy psychiatrical education and some degree of
psychiatrical ability. This is shown by Kluge's ' experiences;
for he was able to overcome di£GculUes which would have
proved insurmountable to the superintendents of the special
educational institutions.
Unfortunately, however, in addition to these defects,
there are many other things to be desired without which the
success of the whole scheme is questionable. Admission
to an institution must be more speedily procurable, there
must be less red tape about it, an individual's ruin must not
be allowed to take place because of the expense of preventing
it, the foolishness or obstinacy of parents must not be permitted
to undo at one blow the good that has been acquired in years
of training.* There b still much to be improved in the pro-
ceedings that lead up to the child's admission to the institu-
tion, as well as in the spedal education itself. But, for the
most part, the errors are capable of correction, and so we may
hope that Kohlrausch's * fears are unfounded, when he s^s:
"It is just the idea that we are concerned with a social hy-
gienic, a preventive, measure, that is seemingly fading away."
The training of neglected children in spedal educational
institutions is, of course, only one of the posubilities of pre-
venting complete ruin. It the offspring of criminal families,
children who are themselves already affected, are too numer-
' Khigt. "tjher die BehandliniR and Dnterbringimg poTchuch abnomMr
nnorgaaOglmge" (HSchrKrimPBych. 11, 232).
' Kbimlur, "Brbhrungen mit da FUnoigecniehuiig" (MSehrSran>
IVdi. I, 6«0).
■ KMrmaeh, "Die Remltste der KunmergericbUicheii Becfatipiediiing
tiber du FtlTMrgeemehuDgieeMU" (BlSchrEriniPiycIi. I, SIS).
236 THE STRUGGLE AGAINST CBIMB [§ 22
ous in one institutJon, tlie other duldreo, i^ ai« still quite
healthy, are in too great danger of psychic infection, and tat
this reason it has been deckled that they nu^ quite pTOpaiy
be put in the care c^ suitable families. If there were rnHy
aum^ of such families! But we must not forget that •
family's nxttives in mnimmg the care <^ a n^ected diild
are not alw^s pure, that the hope of gaining anotba* voic-
ing member in the f anuly often plays a part.
Hence we must turn to the eadsting educational institatiiHU
of churches, societies, and private persons. I perwHiaDy
have the greatest hopes of the activity at those guardians
who have to supervise the "natural and regular growing up
into social hfe." ' When, with the increased ^qdicaticm of
this special education, the circle of those persons who are
active as guardians in accordance with the r^ulatioos is
growing ever wider, we shall have a staff of bdpers irtko,
with their interest in the individual childroi, will also become
interested in the movement itatM and in the whole prcqJiy-
laxis of crime. They need fear no lack of work.
Here is the place to speak of the care of released convicts,'
whldi is also directed towards preventing a rdapse into crime.
It is often subjected to a harsh critidam, which Fnri * expresses
in the words: "It must not be forgotten what kind of an im-
pression this support'of criminals must make <hi the millicMis
of honest wwlcmen who are less fortunate than the rdeaaed
convicts." lUis view rests on a nusunderatanding of the
aim in providing shelter and work. If, on the expiratkMi
* Kroftn«, "EiwrihimgBKMUlten fllr <& Teriiwcrc. grAhrdete and vcr-
wahriocto Jngoid in Fictuaen," Berim. IBOl. Cmil Hermaim'i Veriaft
p. XXXIX.
* According to Batenftld ("Zweihnndat Jslne FUnorge ikr prewmcfan
SUatare^eniDg fOr die entluteneD Stnlgefuigoiai." Berim. 1S03, p. S). tlie
oldeat "FUnorge" decree u the decree of Frederick I o( PRan^ of Ang>ft
28. 1710.
■ F^ri, "Dm Vecbrechen all aonale bidtdnang.*' p. Ui.
§ 22] PREVENTION 237
of his sentencet we turn the rdeased prisoner into the street,
we ^mply deliver him over to the mercies of society. It is
very di£ScuIt for the released prisoner, alone, often in a strange
aty, dependent entirely on himself, to find work; the money
he has earned is soon gone, he grows hungry, and all his good
resolutions quickly disappear. Or perhaps he spends liie
money at once in dtink; then his re^pearance before the
criminal judge occurs even sooner. "Nothing is more dan-
gerous than the few bolide's after expiated punishment,
whidt, devoted to hunting for woric and shelter, lead to
loafing, drinking, and the forming of bad acquaintanceships,
and make the released prisoner refractory, rude, and inacces-
dble to good influences." '
This must be prevented. The prisoner must not receive
into lus own keq>ing the mon^ be has earned by his industry;
for this reason the term "work premium" was changed into
"gift for wo^" The money is not pud to the man, but is
sent to the societies that care for rdeased prisoners. It is
eaqr for them to prevent its bdng foolishly wasted; more-
over, they are able, t^ procuring tools and suitable clothing,
paring the arrears of rent for tbe~family, etc., to provide
agunst the new life's being b^un with debts.
The most important thing, however, is the procuring of
work, and it is necessary that this should be done before the
prisoner is released, so that the seriousness of work may he^
to sustain him immediatdy on his dismissal, and facilitate
his re-entry into society. The endeavors of the societies for
the care of released prisoners are not alw^s crowned with
success. This is partly due to the ways of the released pris-
oners themselves, and partly to lack of ene^y of the organs
selected to do the work, which do not all fulfill their social
dbligations with complete understanding. Many a released
I Knkne, "Lebibuch der Grflngniiikunfe" p. SSI.
238 THE STRUGGLE AGAINST CRIME [§22
criminal might be brought back to an indastrioas, hoDcst Uf^
if tbe war were made eaqr tvt him as often as now obstada
are found in his path. Ikrohiie* gr^hically describes the
strode <A a criminal for his dvO rdiabilitation. "It is really
heaitbrealdng to watch such a death strog^e, and if societ;
doses its eyes to iti it will nevertheless soon be unjdeasantly
reminded of it; tor then, like all convulsive movements,
this struggle makes itself felt externally. The criminal is
not dead, he continues to live in his childioi, in the young
people he has met in prison and in lodgings. That is tbe crinir
inal bacillus that goes on q>reading. By watdiing it, aocaety
can see how it injures itself if it does not do eveiything pos-
fflble to redum the delinquent, or, if that is imposdble, at
least to give him a quiet place in which to die, matnut of
affording lum tbe opportunity of infecting others." Such
endeavOTs, apparently, benefit only the criminal who is helped,
but, in realty, puUic securi^ pn^ts still more.
Tbe prophylaxis <rf crimes indudes also the developmeDt ol
tbe police, and energetic prosecution. A vadllating man,
who knows tiiat punishmeDt will follow swiftly oo the heeb
of his crime, is less Ukdy to fall than if others' espcrknce
has shown him that he has the prospect of escaping ponidi-
ment. Hou^ this may not be a hi^ily ethical point of view,
yet we cannot afford to disdain anything that will help as
in the struggle agwnst crime. Most demoralizing of all,
are threatened punishm^its that exist only on p^ier, en: are
but sddom used in compariscm with the frequency of the
offense, as, for instance, criminal abortion, aodMoy, the pro-
curing <rf womoi for prostitution. Th^ undermine the
general feeling for the law slowly but surdy, instead of
strengthening it.
And strengthening is what it urgently needs. When aoow
> Knkae (Hittdungen der I. K. V., TI. am).
§22] PBEVENTION 239
seosatioiiid court trial is taking place, some unusually honible
murder is committed, some unheard-of svindle is perpetrated,
the indignation of the whole people is so unanimous that we
might hug ourselves in the illusion that the people's feeling
for the law is highly developed. Unfortunately, however,
it fails in the course of everyday life as regards minor trans-
gressions of the law. The "market penny" which the cook
who does the marketing keeps for herself, the adulteration
of milk, the giving of short weight, the whole field of dis-
honest competition, betray as undeveloped a feeling for the
law, as do wrong declarations of property to be taxed, and
smuggling goods through the customs.
The last-named example shows that slow improvement ia
taking place. Not many years ago, in passing the frontier
into Austria, Italy, or France, one could be fairly certiun
that, once over the border, the undeclared cigars would be
brou^t out from their hiding-places with a cert^ pride,
frequently that elaborate accounts would be given of how the
vigilance of the offidals had been avoided. This is now gen-
erally recf^nized as not respectable, and, though I believe
that such smuggling goes on often enough, yet it is no longer
done so publicly and with such an attitude of resisting the
onjustified demands of the State. Sli^t as this sign is, I
yet believe it to be a symptom of a finer sense for justice and
injustice.
The more sharply our legal consciousness rejects, as inad-
missible, every deviation from the straight path, even where
neither criminal judge nor statute threatens, the more surely
can we reckon on a general refinement of the feeling for right.
To this end, according to individuality, descent, and eduo^
tion, the home and school, church and press, must worit to-
gether. H I mention the press next to the school and the ' '
dmrch, I should explain why I lay so much stress upon it. .-
L ,.,... .C.ooqIc
240 THE STBUGGLE AGAINST CBIME (§22
Above all, because it is hannful, and, in two dbcectioiu. lie
published Bcooonts <A triab giving, as is commonly done, the
names of (hose concerned, spread the name of the convicted
person abroad, and thus not only make it more difficull tot
him to r^ain his place in the world, but also injure to a much
greater extent his relatives, who often have much to' saSa
from this source. Moreover, the description of crimes does
not exactly serve to improve moxalityS^ I need wily call to
mind the Sternberg trial, the details of i^iich formed a hi^ily
unde^rable subject for conversatitm.
He curious phenomenon, that certain onosual deeds of
harme gaxalBiy leHov me another at short intervals in,iJiSrr^
ent places, may probably also be traced to the — admittejjly
unintentional — effect of the newspaper r^Mirts. We are
concerned here with a phenomenon of pathological nature.
A great many ot the most infamous sexual crimes are com-
mitted by epileptics in abnormal states. He ideas and notions
<A the man in his normal state often, however, play a part
iriien he is in an abnormal con d ition; tbns, his remembrance
of newqN^ier descriptiiMU ot dismembered corpses. rq>ped
tfpea bodies, arson, and murder, may turn the oonfused
destructive fury of the ^fleptic into dangerous cjiannds.
Weak-minded posons, too, espedaOy juveniles, may easily
fall victims to their desire for notorie^, and feel themsdves
flattered if their heroic deeds are described in the piqier,
possibly even their picture printed in the so-called "poBoe
journals,"
It is clear that the press can do a great deal of harm in this
way: &I^< ^e knowledge that stabbing, swindling, senial
crimes, take place daily graduaUy makes the people spathetie,
so that a crime must be particularly sensational to arouse
th^ indignation.
It should be the duty of the press to point ont to a
, ......Coo'ilc
% 23] RESPONSIBILITY 241
its share of guilt in the crime, and so to arouse ereiyone's
conscience that he realizes what he owes to society at lai^.
When, in times of financial panic and bank failures, public
indignation stones the guilty, it should be made clear that
the desire of each individual for the abundant profits of cer-
taia commercial papers is also to blame for the wild specu-
lations of the bank directors. At the Ume that an unfor-
tunate ending of a drinking bout cost an officer his life,
it would have been the duty of the press not to condenm so
much this particular case as the general custom of drinking,
that daily demands victims, though not under such tragic
circumstances.
The press ia such an efficient instrument for developing
the feeling for justice because it can g^ its effect by contin-
ual i^>etilion without being monotonous. The influence of
the school, unfortunately, ceases too early, and tho8e<per9ons
who moat need letigioua influences are oft^i the very ones that .
hold themselves aloof from them. Nevertheless, it would be
very i^iettable if aD these factors should not work together
harmoniously to the same end.
§33. Be^nnbility
Our legislation is built up on the basis of the doctrine of
the free determination of will. "The right of the state" —
so says the draught (rf a penal code for the North German
Federation — "not only to adopt measures of security
agunst the criminal, but to punish him, rests on the general
human opinion that the mature and mentally sound man
has sufficient will power to repress impulses to criminal acts,
and to act in accordance with the general consciousness of
right." It b not my task to discuss here, at length, the inex-
haustible theme of free will, but I cannot pass it by entirely,
as long as eminent criminologists continue to hold to that
242 THE STRUGGLE AGAINST CBOfE [§23
doctrine as the "basis of criminal Uw," > and, indeed, to
adhere to the extreme form, entir^ ^iTiljmitj^ freedom of
thewilL
The discussion abont the freedom <A the will b always carried
on in a somewhat irritated k^, as are all a^^nments about
questions of futh and poception. While Schopenhauer,
for jnytunrp, treats the adherents of tree will as "superfidally
tliinlring minds," in another quarter it is more the moral
qualification of the detennimsts that is doubted. The Bava-
rian Minifter of Public Worship, von TiftT' d nm"", in his
opening speech at the third ' Intematiooal Psycbcdogical
Congress, in Munich, in 189S. felt himself constxained to
say, with unmistakable reference to von lisst's address oa
"Bespoosibili^ in Criminal Law": * "I hope that the psy-
chological congresses will aid in allaying the great danger to
the public life of the cultured nations which mi^t arise from
certain psychological theories, and I am confident that these
congresses will not shake, bat rather le-eaiforce, the <dd b^rf
in a man's lesponnbiUty for his acts."
Disputed sdentific questions camwt be decided with pas-
don. As we see that a number of our most eminent thinken
adhere to the doctrine of free wiD, Sdiopenhaoer's view seems
to me to be as unjustified as the ojqwsite attach of those vbo
fear that the relinquishing ot free will will mean the ctdbqwe of
ethics and morals, law and society. State and diuich. 'Ouj
foiget that St. Augustine* and Luther denied the doctrine
of free will.
We shall see that, with the deterministic view, it is stiD
> Birkmag«r, "Geduikeii rar bevonfaJMnden Bcfonu der deutadten Stnf-
getetagthvag" (AiduT fUi Stiwfredit. XLVm, «7}.
■ "Diittet.internatioiuler KongnaB fUr Porcbcrfo^" M no i rf i. 1SB7, J. F.
■ POtnm, "Wmen^eibdt. Mori nad Sti«Si«iheit." Hmuck. 1MB, Jt. F.
>. p. 14.
DiailizodbvGoOgle
§ 23] BESPONSIBIUTY 243
possible to nuuntain the re^Mosibiliiy of « man for his acts,
— though from an entirety different standpoint, it is true.
The standpoint of the natural sciences, and this is the only
one I can represent here, varies considerably from "general
human opinion." We must hold fast to the fact that an effect
can take place only if it is preceded by a cause. Consequently
the phenomena which we call acts of will must be preceded
by a causal activity. This activity goes on in our brain^
hence is dependent on the latter's condition.
A "free will" that acts without cause, or, more compr^en-
sibly, without motive, does not exist. To be sure, it cannot
be denied that the weighing of the motives for and against,
and the final decision, are bound up with a feeling that may
easily pve the observer the illusion of "tree will." And the
man easily and clearly is this illusion produced, the less
careful the observer is in the analysis of the processes of his
consciousness. And yet the recognition of the law of cans-
ali^ compeb us to give up this illusion, flattering as it is to
self-love and concdt. The supposition that acts can be
caused by a will that is entirely b^ond and removed from
motives, would lead to the most fantastic consequences.
"What would become of this world if necessity did not nm
through all things and bold them togetherP A monstroail7,
a pile of debris, a distorted vis^e without sense or meaning —
the work, namely, of true and pure chance." ^
Every act is the necessary final result of the effect <rf a
series of motives on a certain character. We are far bom
being able to view this origin and development in its whole
course. But, just because we are affected by a number of
motives which we do not know, which, perhaps, practiced
introspection, may lead us merely to suspect, we should
> 8ehopaAim«r. "Vba die FnHtat dea mnnchliAeii WiUcna," Stdfng.
FbiOpp Redvn. Ill, p. Ml.
L ,l,z<»i:,.,G00gIf
244 THE STBUGGLE AGAINST CRIME [§ 23
beware of applying to otbera the thmonghly subjective
measure which we gun by, ouiselves, measuriiig our own
thought, and of trusting our own dednoD too confidently.
llie reaction to an outward or inward irritant is exttemdy
different. It is dependent on individual diaracter. But is
it true that the character is not "something pven (w even
forced upon the individual by causalities, but a pecoliaiity
tredy acquired by eveiyone, of his own knowledge, judgmeot,
and choice, the product of free will in the education of self "? '
lliese words bear witness to a tremendous underestiniaticm
of the natural disposition given to the individual, and »»ri«*4ng
at birth. Externally, intelligence is the factor in nsturd
disposition that is moet striking, and consequently it is often
pushed too far into the foreground. The atulity to experienoe
and to assimilate can be measured hy a tairiy high degree
of reliability. We are not so dear about the part played by
the emotions; * evm if we do not agree with Wundt in making,
in every case, the emotion the starting point of the act <rf will,
we must not underestimate its infiueaice on the sin^ act
and on the formation of the cfaamcter. The intmsity of
emotional feelings is certainly a quality that can be mudi
duuoged by education and experience, but, just as certainly,
it is not always thus dianged. Tlie intdlect is far more easily
affected by experience, and is influoiced by envircmment and
schooling, example and instruction. At a definite momoitk
however, that is, at the time of the crime, the duroctw of a
man exists as a complete and finished qne, not to be changed
until after, or except by, the eventual decision. ' At this
moment, then, a "free" alteration ot diaracter is no kmger
■ (MiOfff, "Die Tenmndemng der WiUenafretlMit im DelenniBi^HiB'*
<Zeitodu-. I. A. gem. StnfrechtiwiaKiucIikfl. XH. p. S27}.
■ HoAa. "Dis Pnibrit des WiDen* vmn SUni^punkte der Pi7cboi»thato-
^'' ITiMbMlen, IMS. J. F. Bagmum, p. 14.
§ 23] BESFONSIBIUTY 245
possible, the act takes place as the necessary lestilt of the out-
vard and inward motives, working on the existing character.
Having established this, we must not pause, but must ask,
further, how is a character formed? We mi^ leave the fact
aside, that environment, family, instruction, religious, social,
and ethnological influences, certainly cannot be freely formed
hy the individual according to his desire. But we ask in vain,
why do the thoughts and feelings of the one individual cling
mainly and enduringly to ethically good, altruistic ideas,
while the same ideas rdwund ineffectively from the mind of
another? Let us try, without prejudice and with the greatest
possible objectivity, to follow the character development <A
an individual backwards to the point at which a "wilUng"
of the character is possible. By doing this, we find ourselves
at our point of departure; we must halt at the natural dis-
position, intellectual and emotional, and confess that the J
development of character also is not a product of free will. .
Whether we, then, ascribe the final result more to the tnade- t
quate organization or to wrong development, is indifferent I
to the fact: a man caimot form h is character as j g desires .
If penal acts do not appear astiie expression of free will,
but as the result of complicated processes, which are depend-
ent on the organization and development of the bnun, on
inteilig^ice, experience, and emotional excitability, on
the one hand, and, on the other, on ^eternal conditions, —
w hat rifjht have w ^ *n maltf a criminal re^jonsible -for Us
acts?
Study (^ the world of nature shows that every organism
responds to stimuli of sufficient strength. Reactions take
place espedally in response to irritations which threatoi the
existence of the individual. The motive of every defense
against attack is personal well-being and self-preservation.
Thus -the ^ngle cell resists attack, as does eveiy animal.
246 THE STRUGGLE AGAINST CRIME [§ 23
induding man; hence Uie oripnal fonn of the devehqinieiit
of punishment was simple defense. We can rtill see that
today in races on a low plane of culture.
A later devdopmeat is the reaction that does not take
place at the moment, but is delayed and appears as lerenge.
Both fonns, the direct as wdl as the ddayed. the detensiTe
and the revengeful, function confrcmt us on two planes, of
whidi the lower, the individual, progresses to the social.
The defense and revenge of the attacked individual eaaly
exceeds the limits of the necessary, and thus ^ves riae to
new counter-reactions; a ^rpical ezam|de is blood-voi-
geance, whidi led to the con^ikte eztennination of wb(^
families.
When a larger organism, that is, the tribe or the State,
takes over the office of defense, a more practical estimatkHi
of the reaction necessary to a certun attack is arrived at.
Tliose persons who were at the head of such an organism
undertook the decision in difficult cases and [Hovided, cm
bdutlf of the tribe or State, for the execution <^ the reaction.
A new dement was introduced by the priests: "In thor
hands," writes Perri,' "what was originally individual «•
tribal revenge assumed the character of divine revenge, and.
from a purely defensive function, came to be a moral and
religious one. Hie consequence was that, as in aD ecdeai-
astical, rdigious formations, a strict formalism and a mystieal
idea of expiation made themselves felt."
With the development of the State, the judicial power ooce
more slipped from the priests' grasp into the hands of laymen.
but the idea of expiation was retained; the penal power r«pce-
soited simply a retributive measure. This princqile, which
was not originally inherent in punishment, cannot be carried
out, as will be diown, and the criminal codes, too, that are
> Xoe. «(. p. IM.
L ,l,z<»i:,.,G00gIf
§ 23] BESPONSIBILnT 247
built up on it are full of inadequaaes, compromises with other
vievra, and contradictions.
We cannot do without the defensive response to attacks.
Both the individual and the totality of persons that we know
as the State and society, require protection for their existence.
Tlius, quite apart from all the alien elements of the original
defensive reaction, we still, from an entirely different point
of view, come to maintain the responsibility of the attacker.
I agree with Ferri: "The natiu«l foundation and the funda-
mental principle of the repression of crimes exists solely in
the necessity for self-preservation, which applies to every
individual and every social onanism."
From this standpoint, ^riiich sees in crime only the injury
to society, and in punishment only the necessary social re-
action against it, the struggle against criminals must be
carried on. We thus depart ^m the moral, and in its place
set op the social, responsibility. This is not so strange to our
legislation as it appears. In the case of minors, and juveniles
acquitted because of lack of comprehension, our penal law
provides a compulsory education, lasting for years, even
when the offense is hannless, and although the person who
c<Hnmitted it is not regarded as accoimtable. Still clearer
ia this social reaction in the case of beggars and prostitutes.
Prostitutes who frequently offend against the police regu-
lations, who, for instance, pass through certain forbidden
streets, show themselves after sunset, etc., are conunitted
to the woriibouse for one or two years. It is the same with
beggars and tramps who are repeatedly found without work
and shelter. The effect of this regulation can only be measured
by the fact, that the average penalty imposed for indecent
assaults on juveniles is about one to one and a haff years.
Now, it the vagabond who is afr^ of work, and the prosti-
tute, are sent to the workhouse for one or two yean, it cannot
248 THE STRUGGLE AGAINST CRIME [§23
be that this course is cUctated by moral indignattoo aboat
their offense; it must be explained as the State's method of
dreading itself agunst these parasites.
llie oecesmly for protecting society has also caused the
State to intervoie, even where sympathy with a psyiduc
disease restrains all feeling of dis^provaL The hmatic,
whose mad ideas menace public safety, is takoi care of in an
insane asylum, evra if, because he entirely fuls to realise his
condition, he feels this, often lif e-kmg, confinement, to be end
in the extreme. Though h« may excite our deepest pity, yet
no one would feel his confinement to be inadmiatoble. Recently
our legislation has gone even a step farther. The insane per-
son who sets fire to a house is not, indeed, ctokvicted o£ arson,
but, according to § 839 of the Civil Code, be is obliged to
be kept harmless " as equity requires." Although this belong
in quite another field, that of the civil law, it nevorthdess
proves that the sodal responsibility of a person who is irrespiHi-
aiUe in criminal taw is not incompatible with our legal views.
Many people have come to r^ard the giving up <A free
will as idoitical with the giving up of the feeling of respcMia-
bility. But this does not correspond to the general feeing.
"With or without the belief in free will, unpleasant fedings
arise in me, if I belong to the normal majority, as soon as
my behavior departs from the course that I feel, with subjec-
tive certainty, to be the right one; and this stirring of con-
science guides me, whether I believe the oonsci«ice to be the
indicator of an intelli^Ie character or not. I feel myself
to be the perpetrator of my deeds and must be accountable
for them; this feeling of responsibility is not changed in the
least by my scientific conviction that the nature of this feding
too is necessarily determined." *
>■ BoiAa, "Die FVeihrit det WiOena vom Stan^mnktc <kr I Vychnprthoto-
gie," VTiobaden. 1002. J. F. Bergmuw.
,..,... C'oo^lc
§ 231 RESFONSIBILrrY 249
This feeling of responsibility dominates the normal man, —
in fact, as Hoche and Mohr * have proved, it is not always
lacking Id the insane, vhom even the most fanatical indeter-
minist would deny free will. From this, w« may conclude that
there is nothing antagonistic to our feeling when the State
presumes to htJd us reqwnsible for our acts. One thing, how-
ever, must be admitted, if we no longer regard character as
the work of our will, and that is, that our feeling for the evil-
doer should be rather one of pity than of moral indignation,
a view that our own self-approbation often makes it difficult
to take.
And that is the only point in which we differ from the mor-
alists and the representatives of free will. We, too, certainly
do not wish to allow the criminal to follow his criminal toi-
den<nes unmolested, we too desire an energetic reaction against
the disturbers of the l^al peace. If a feeling of compassion
runs through aU our measures, it can yet exercise an influence
only in ao far as the interests of the individual can be combined
with those of society, but never further.
This compassion, however, must nevCT d^enerate into
weakness. More important than the right of the individual,
is the right of the totality; whoever injures it, must suffer
in consequence. And, just as pity does not prev^it our
removing the insane from society, just as we protect the com-
munity from the infection of leprosy, so too our course, as
regards the socially dangerous, must be dictated by this point
<d view: the protection of our healtli, our honor, our property.
But will it be possible to go on building on this basb? That
experience alone will show.
To disarm an important criticism at the outset: we do not
demand that a new criminal law shall be draughted at once,
■ JfoAr, "WUknafieilieit nnd ]h]rcbopBUxik«ie " (HSchr&imPardL I,
TM).
I ,-™:,GoogIe
250 TBE STRUGGLE AGAINST CRIME [{24
which shall throw overboanl everything that at present exists,
but we do demand that people shall not cling to the old with
persistent prejudice merdy because it is dd. E^terience
teaches us that great revolutions are slow in talcing place,
that the enthusiasm of the advocates of the new finds its
natural corrective in the conservatism of the adhn^its of
the old, — and this is well. For then the way to improvonait
is gained step by st^t and every advance rests on a sure
foundation.
§84. Th« PorpoM of PmuduiLaii
The makers of our criminal laws have avoided setting ty) a
definite theory about the foundation and nature of punish-
ment. Science, therefore, has tried the more eaga4y to find
one. But "it must be affirmed that no uniform, generally
recognized, and universal theory of punishment, for all ages
and peoples, exists."* And yet, neither the theorist, the judge,
nor certiunly the legislator, and, least of all, the official in
whose hands lies the carrying out of the sent^ice, can do with-
out one. He must know what he ia to do with the delinquent.
The presmt state of the matter ia theoretically this : the judge
pronounces a sentence of dc£nite duration, and delivers the
delinquent up that the sentence may be executed; that is
the end of the case, as far as the judge is concerned. He has
nothing to do with the way in which the sentence is executed.
Many judges have perh^>s heard lectures on jMrisons and
prison discipline, but there are numbers who have never
-visited a prison, and very few who have a clear idea at the
Oi^ution of the sentence.
Krohne, who is most intimately familiar with the way in
which penalties are carried out, is moved by his experience to
> For Holttmdorff, "Die lechtlicheD Priuqtien dea Stnfnrfbo^ Bmd-
fauch des GefUngnisweseni." Hamburg, 1888, I, p. SSI.
§24] THE PURPOSE OF PUNISHMENT 251
exclaim: "Even if you have the best law, the best judge,
the best sentence, and the prison official is not efEdent,
you mi^t as well thiow the statute into the waste basket and
bum the sentence!" ^ Not from the law, then, may we ex-
pect an improvement in I^al security, but from the execu-
tion of the punishment. There lies the centre trf gravity of
the struggle agunst crime.
As, in von Holtzendorff's opinion, there can hardly be three
eminent teachers of the law in Germany who are completely
agreed as to the final formula of crimioal lav, it cannot
possibly be the duty of the physician to take a stand as
regards all the existing theories, an attitude which mer^
ends in his setting up a new one. Only the most important
points of view must be mentioned. Von HoltzendorS assumes
that every offense produces three effects, and that popular
feding demands of punishment three purposes that shall
correspond to these three effects : a. The effect of anger and
of the feeling of revenge; the penalty acts 'as satisfaction or
as expiation; b. the effect of fear produced in those persons
who have not been injured; the purpose of the punishment is
deterrence, deterrence of the evil-doer as special prevention,
deterrence of all the dubious elements in the people as general
prevention; c. the effect of sympathy with the criminal,
who is tortured by remorse, or has been rendered innocuous,
or has been physically overpowered; the suffering of the
penalty is intended to lead to improvement.
llie idea of expiation, of retribution, corresponds roi^hly
in its meaning to "an eye for an eye," * to the measuring of the
punishment by the greatness of the objective guilt. Schmidt *
■ BlhteUiiiigen ikr I. E. T., VI, 9«4.
* Birkmtger, loe. eit. Note 00.
* Ridurd Stkmidt, "Die Autgaben der Strabechtqifleg^" Le^pcig, 18M.
p. we.
_.,i,zt!dbvGoogIe
262 THE CTBUGGLE AGAINST CRIME [§24
quotes Ansdm Feuerboch's pathetic words: "It vaaj be ol
sdvEDtage to the State to q>are certain criminals! Chsnoe
causes m^ move a man to crime; he only needs to be warned,
to be disinplined, and be wiD be the most upright citizai.
If he falls under the penalty of the law, he is lost forever, and
thus the State is deprived of a useful, p^h^w necessary,
member. But it is still more advantageous to the State tor
justice to show itself to be inflexible, that it should not be
bent to secure chance advantages, thus undermining the
authority of the law? and m^Hng a '•hilHiali toy c^ the threat
of punishment." Tins is the point of view ot- the words:
"fiat justitia, peieat mundos."
The adherents of this view are probably few in number.
They, like Sdunidt, pcwt to the legal consciousness, and the
people's feeling for justice, as a proof of the neoesnty oS ad^it-
ing the punishment to the social mgnificanoe of the off^ise.
It will readily ocqir to us all, however, how oftoi the feding
of the people fails to agree with that of the judge. I merdy
wish to touch on a few points on which the avenge judgment
of the people dilFers from that of the law: popular judgment
does not understand why the unsuccessful attempt should
remain unpunished, why an accessory to a criminal act,
the actual perpetrator of which is acquitted cm the ground
of insanity, should be allowed to go free; in (act, the feeling
of revenge even demands that an insane person shall be pun-
ished, if his act is one that particularly excites popular passicHi;
we see this in the convictions of insane persons by juries and,
occasional^, by judges, when they disr^ard the unaninKNis
reports of alienists. Such wide disagreements between pc^Hdar
feeling and the laws as were seen in the case of larceny of
electricity need not be considoed, because the differences there
can easily be remedied 1^ suitable aui^tlemratatioa and ex-
planation of the sections of the statute.
L ,l,z<»i:,., Google
§ 24] THE PURPOSE OF PDNISHHENT 253
The ^>peal to the legal conscioiuness of the people also
fails in the case of such excrescences as witch trials and the
excesses of the Commune. But if the people, with thdr
naive, often short-sighted and ooe-sided feelings, are headed
in the wrong direction, it is the duty of science to correct and
mlight^i them.
But many ot tlie most important fundamental principles
of our crimioal law are incompatible with the theory of retri-
bution, which demands a punishment equal to the objective
guik: such are, tor instance, the heavier penalty for the re-
cidivist, extenuating circumstances, the statute of limitations,
conditional release during the carrying out of the sentence,
the lighter punishment of juveniles, the curtailment of the
accumulated penalties when an offender is sentenced at the
same lime for several offensest a system which Fern harshly
but not incorrectly describes as "selling at the wholesale
price." All these things are the result of the consideration
of the subjective guilt of the perpetrator, in addition to the
objective injury to legal values. The modem representatives
of the theory of retribution also desire to do this; for, "if
the punishinent is to be entirely proportionate to the guilt,
it must take the guilt, not only as it is objectively embodied
in the crime, but also in its subjective source in the nund of
the criminal, in his motives, and in his attitude before and
after the deed, more fully into account." ^
The judge is thus conhonted by one of the most difficult
tasks conc^vable, one that is frequently impossible, the finding
of a formula that unites the subjective and the objective guilt.
The solution oi this difficulty is above all, impossible when the
success of an act is either greater or less than was intended.
In the case of an attempted murder which fails because the
murderer does not use the poison properiy or miscalculates
L ,l,z<»i:,.,G00gIf
254 THE STRUGGLE AGAINST CRIME [§24
the nuge of a revolver, when SQ attempt at ancm (ails be-
cause the offender did not notice that the hay waa wet, when a
bui^lw opens an eiiq>t7 safe, — in all the mere attempts at
crime, — the damage done is often slight or eotiiely laddng,
while the subjective guilt often stamps the act as particiilarijr
dangerous in the sense of retributive justice. The t^ipostte
is the case with liability for the consequences which makes
a man answoable for events of which he has been the caoae
in a slight degree oaty. If a fight leads to the death of ooe <i
the partidpaats, not because he was seriously injored, bat
because he did not take care of a harmless scratch and died
of the blood poisonisg that ensued, his death is laid at the
door of the man be fou^t with. The same is true of the
student whose opponent neglects a slight sword-cut, of the
pedestrian whose falling match causes a fire in whidi people
perish. What detoimineB the amount of guilt? The result,
the subjective guilt, the general m^e>up of the offcsider?
We find ourselves entirely at sea as soon as we — sUll led
by the fiction of a just retribution — attenqtt to consider the
individuality of the offender. Birkmeyer, who OHisiders the
reform of the criminal law possible only from the point «f
view of the idea of retribution, and m^y, therefore, be con-
sidered a typical representative of this school, goes so far as to
deniand, with von Weinrich, that: "The judge should know
more about the personal circumstances of the accused, that
he may be able to weigh rightly the d^ree of his guilt.
He must know whether, besides the accused himsdf, his
parents or nearest relatives have ever been convicted at seri-
ous crimes, whether they were intemperate, whether mratal
disease is hereditary in the family, — moreover, what has
been the truning and education of the accused, the coarse of
his life hitherto, at least its main events, his family circunk-
stances, his occupation, with what persrais he asaodates and
§24] THE PTJEPOSE OF PUOTSHMENT 255
what his other social relations are, and all this he must know
more accurately than is at present usual." '
I must confess that I do not see what vestige of a "just
retribution" can remain if the judge p^ietistes into the deep-
est causes of a criminal act to the extent Birkmeyer demands.
The sad picture of the child that has absorbed, almost with
its mother's milk, contempt for everything that others revere,
that, n^ected and callous, has reached the age when it can
feel the severity of the law, will rath«' arouse in the judge a
feeling of compassion than one of indignation. And whrai he,
further, t^es into consideration the external tnicumstances
that have deprived the weakling of his last moral support,
then, indeed, it will be di£Ecult for him to decide who bears
the greater guilt, tlie individual or sodety. The ntore seriously
the judge enters into his task, the wider will be the circle of
circumstances surrounding the crime that he must take into
account. I have not described the social causes of crime so
carefully for nothing; th^ should prove that a crime, apart
from the directly recognizable, purely outward conditions,
is influent^ by numberless factors which are of greater sig-
nificance in judging it than is the fact of bad inheritance.
An administration of justice that pays no attention to this,
or knows nothing of the social conditions of crime, will be
little more than a mechanical activity, it will be an adminis-
tration of the letter, not the spirit, of the law. To these
intricate preliminary conditions that are essential to the
performance of a penal act is then added — most difficult
of all to grasp and understand — the individuality ctf the
criminal. Even such a staunch adherent of the doctrine of
free will as Krohne * is obliged to adimt: "Why, in one case,
the will triumphantly resists these [social] causes, and, in
■ Lot. oU. Note u.
* Krohte, "Lehifovch der Ggfangniakiinde," p. SOS.
.OOglf
256 THE STRUGGLE AGAINST CRIME [§24
aDotba, faOs, b an incakulaUe inoblem; it ia one erf theae
mysteries bef<He which at present we stand baffled with the
cmfesskm 'Ignoramus' on our lips."
How can the judge solve an equatkn that is compoaed
entirely cA unknown quantities, how can he find his way in
this diaos of social and pqrchok^ica] causes, how form his
judgment? It would scarcdy be possible to find a shaiper
oondemnatioD of sentencing than Finger ^ gives, when he
says: "Definite directions in regard to the passing ot sen-
tences, which is more a matter of feeling thou of ddiberaticMi,
caimot be given." Only Wadh's* <qnnion is even more
annihilating: " It is true that the judicial passing (tf sentoMxs
is latgely a matter of arbitrariness, mood, and diance. IIub
is an open secret, a punful fact of experience, to everycme
■who has been engaged in crinunal proceedings. Whether
the accused is sentenced to six ot five or four weeks, or two
months, imprisonment is more dqiendent on the judges,
wlio h^tpen to be sitting, on the subjective views and sug-
gestions of the judge, on his temperament and his digestim,
than on the gravity of the crime."
But this hard criticism, the correctness of which is only too
obvious, and the full recognition of the fact that the i»obIein
caimot be solved, do not permit the criminal judge to refrain
from sentencing. He must find reasons for, and impose, a
carefully measured sentence. Ute adherents ai the theoiy
of retribution apparently see a remedy in the exact detomina-
tion of the psychological judgment of values for evoy crim-
inal act. Birkmeyer dewes a "lestrictioo of the judicial
power, which extends too far in this directRHt"; Sdunidt*
asks for "standards which compel the court, wbidt diall be
I Filter, "Ldutinch des tkuttdxn StraltcditK'' p. CIS.
■ (Poefc, "Die Bcfonn Act FaMkitHlrafe." p. 41.
■ loc. eit. p. 908.
bvGoot^lc
1 24] THE PURPOSE OF PUNISHMENT 257
restricted, as far as possible, in Uie exercise of its judgment,
to rive between a certain fixed mnxiniiini and fpiniTnuTU t
heavier and lighter penalties for the giaver and milder forms
of the same offense."
"This precise, numerical expression of the gravity of each
separate offense in marks, months in prison, years in the
penitentiary, is scarcely less naive," wrote Kraepelin in his
treatise on the "Abschaffung des StrafnLasses," "than the
more lucrative idea, which sprang from the same soil, of
11-giilftting the forgiveness of sins by issuing^share certificates
of different value on the stock capital of surplus good works."
I^iis curious method of compensation by providing for an
act an accurately measured penalty is, moreover, to be
crowned; character and education, descent and environment,
resolution and remorse, former convictions and injured Ic^
values, are to be squeezed into a schematic system, which,
"with the greatest possible restriction of the judicial judg-
ment," shall make it poeuble to practice just retribution.
Apparently the judge will merely Have to refer to something
like a price list in order to see how heavy the penalty must
be, taking into consido^tion aU the factors that bear on
the crime.
Whether it would then still be possible to find a judge to
perform this mechanical work, I am inclined to doubt. But
we need not worry about that, for no such criminal code will
ever ^st, because the preliminary supposition, that life can
be expressed in formulte, is wrong, absolutely wrong. How,
thai, can we take into account hereditary influences, educa-
tion and environment, bow measure the significance of natural
disposition and external conditions? A law that still further
restricts the judge's power b subject to the same critidsm
that applies to our present criminal law: "We do not know
the measure that we desire to recompense. It is solely a seek-
258 THE STRUGGLE AGAINST CBIHE [§24
ing and groping in infinity. — this that we take to be dte
seardung out of the guilt for which we want to create a
balance." '
I will not delay to repeat the often dted proofs that, aada
the present ^stem too, sentences diffw in every comt acond-
ing to local, and widely vaiying, customs, will not point oat
how often higher and lower courts agree as to the act but differ
as to the kind and ertent of the penal^, which is hardly
compatible with "just retributiott." They all, howevo', pay
too little attention to the effect of the penally. If an official
is imprisoned even for a few days, he loses his <Ace and rqio-
tation; to a respectable citizen who is imprisoned for aonte
n^ligence or slight offense, eveiy day is a torture; while
an habitual inmate of penal institutioiis scarcely feels a briei
int^TUption of his liberty to be an inconvenience.
From my own ^>erience, I will mmtion only the f blowing
cases. A man viho had already beoi sentenced 22 times tor
such offenses as embezzlement and fraud, theft and resisting
an c^cer, assault and battery, b^^ging and vagrancy, was
convicted of his twenty-third offense, insult, and received a
sentence of 3 weeks; his next conviction was for insulting
an (^cer, and he was sentenced to 24 d^s' imprisonmoit.
Another had served 43 smtences, generally tm a number of
offenses at one time; he had been sentenced 6 times tor
assault and battery, 18 times for insnit, 20 times for resisttog
State authority. His forty-fourth sentenoe, for "reastance,
insult, and assault and battery** was set at 3 mcHtths* im-
prisonment. A third had spent 13 years in prisons and
poiitentiaries, apart from a short detention for beggiDg:
1 conviction for receiving stolen goods. 3 for larcaiy, and 14
for fraud and attempted fraud. His seventeenth sentence
■ Sm^irt, "V^wndluiigai d«a 21 Dentscben JnmlaiUink" ISKt I,
P.SW.
. ,l,z<,i:,.,G00^lf
§24] THE POHPOSE OF PUNISHMENT 259
was again for "fraud repeated a number of times" and
amounted to 4 monttu' imprisonment! The fourth, after
having been 7 years In prison, the same length of time
in the penitentiary, and 4}^ years in the house of correction,
was sentenced, for the thirty-ninth time, to S days for beg-
ging, for the thirty-sixth time to 6 months' imprisonment for
repeated thefts.
These are, indeed, particularly striking cases, but not ex-
cations. If we look at a list of the former convictions of old
and habitual offoiders, we are surprised to find how frequent
such cases are. To none of these men does a few months in
prison mean a "disgraceful punishment." On the basis of
our present criminal law, increasing the severity of the sen-
tence does not greatly change the fact that the criminal is
much too accustomed to imprisonment to compare the
impression it makes with the intense effect produced on a man
who acted in a moment of recklessness, or was the victim of
an unfc»iunate chain of (nrcumstances. It is precisely the
best among the convicted who are utterly ruined by the pun-
ubment, the most depraved who are scarcely touched. Thus
the unequalness of the effect of the pmalty also, which per-
hi^ we should first have to try in order to appreciate, for-
bids our considering the sentence a just compensation for
the criminal act.
Ilie theory that considers a penalty necessary only "quia
peccatum estt" is based on wrong assumptions. It m^ be
left entirely out of the question, as bong wrong in primnple,
— the more so, because it is also practically worthless.
T^ Prusnan "Zirkularverordnung" of 1799, which, in
view of the increasing number of thefts, was intended to make
the penalties more practical, contains the following passage:
"In TT'<'H"g these changes in the former crinunal laws, it is
our intaition, as the paternal head of the State, to secure to
280 TBE 8TBUGGLE AGAINST CBDfE [§ 24
our faithful subjects the quiet poesessioD of their p roperty , to
set up deterrent examples to prevent stealing and robbing,
to correct ciimioab where poasiUe, and, if th^ are incorrigi'
ble, to render them innocuous to their tdlow-citizens.'' In
this smtence is deariy expressed the otho' conception at the
purpose <J punishmemt: to bring about greater kgal security,
and to do this by deterroice, on the tme ade, and by correcticn
and rendering hannless, on the other.
The d eterren t effect of punishment should be active in two
directions. It must impress itself on the ccniscioasness of the
people at large and thus act as a preventive, and, throng the
punishmuit, it must be a warning to the individual and must
thus restrain him from further evil deeds. The first effect,
g^ieral prevention, belongs to those things the effect of wbidi
cannot be given in figures. If we go by statistics, we crane to
the conclusion that the hoped-for effect is other veiy sli^
or entirely non-existeat. For yeats the number of first con-
victions has been increaang rather than diminishing, certainly
and decidedly increasing among juveniles, as has ahead? been
pointed out. From this we may, indeed, conclude that the
fear of puniabment is not suffident to check crime; but we
must not forget that social causes, popular custcxns, ecraiomic
fUstress, too early partidpation in the sttu^e for life, large^
explain and make this increase comprdtoisible. Hoioe we
must restrict our opinion of general prevmtion to this: the
deterrent effect of punishmmt is not great enoo^ in the face
of the growing sodal menace.
That punishment does not deter, may also sometimes be
due to its too liberal application. By d^rees our whole
existence has become so surrounded by a barbed-wire fence c^
penal and police ordinances that it is reaify difficult to ronoain
entirely unpunished. We must not deceive ouradves into
thinking that the tact that the numerous -nuall penalties for
§ 24] THE FUBFOSE OF FDNISHMENT 261
acts sudi a s bestipg carpeta a t the wroiy Ume , omitting to
put ashes on an icy ddewalk, and other harmless offenses,
are followed, with no sharp dividing line, by those offenses
that the Penal Code threatens with punishment, detracts
from the gravis of the p^ially. And I do not think I am
mistakra when my experience leads me to assert that the
dread of prison and the dread of pimishm^it have tost some-
thing of thdr former strength in the popular mind. In con-
sidering this fact, I attach less importance to the fact that more
humane treatment, cleanliness and sufficient food, simple
thou^ it be, have destroyed some of the terrors of imprison-
ment; it b of far graver inqtort ihat the feeling that causes
people to look at crime askance should be weakened or lost.
As long as hundreds of thousands of hitherto blameless indi-
viduals are annually punished, no very fine reaction of the
peof^ against criminality can take place. And the moral
of this is, that we need fewer threats of punishment and
greater seriousness in the prosecution of crime.
At the moment a crime is decided upon or, in the case of
passionate crimes, carried out, the idea of punishment has
very little effect as a counter-motive, because the criminal
is either so excited or so confident of remaining undiscovered
that he looks upon the penalty only as a remote contingency.
Eveiy crime committed by a previously unconvicted person
is a proof of the failure of general prevention. Nevertheless.
we may probably assume that, eapeoally with weak and
vacillating persons, the fear of punishment is sometimes,
in the moment of temptation, determinative and prevents
the crime bong committed; this of course cannot appear in
the statistics.
Greater, however, than the value of the threat of punish-
ment in the individual case is its educational vahie for the
wIk^ view of life held 1^ the people.
DiailizodbvGoOgle
262 THE STBCGGUB AGAINST CBIHE [§ 24
Hie stamping of an act as an offense the commisakoi <ji
which the State will prosecute with unrelenting aevetitj,
immediately arouses the feeling that the act is unsnitabJe,
inadmissiUe. disr^ntable, contrary to duty.* A Telativdj-
harmless example may illustrate this. The posnbility of
being punished for dishonest competition, at first arouses the
attention of econcnnic t^ponents, who watch each otba care-
tolly, so as to be able, in case of misrepresentation, to act
immediately. But already the reaction is becoming notice-
ablet <uk1 the words of an advcrtisemoit are carefully wogfaed,
— not alone because the merchant fears the ea^ ^ye of his
envious opponents. Before long we shall be able to look iqmn
it as a matter of course that every firm that cares anything
for its reputation will avoid all ^±ravagant advertisemeaits,
calculated to deceive the public, as bdng unwmthy.
Thus, general tneventicm operates rather quietily, slowly,
and penetratingly, mAlring the consciousness of right shaiper,
intoifflfying the gmeral feeling for right and wrong, and is
thus rather educative than directly deterrent.
As r^ards the effect of qiedal prevention, the figures in
the statistics of relapse are nnconmumly instructive. They
show that it fails utterly. We have already seen that many
criminals re^pear before the criminal judge in the course of
the same year, that the more frequent former convictions are,
the surer and quicker is the relapse, and also that the severity
of the punishment is without infiuence. If anyone diould
take the trouble to jot down graphically the career of an
habitual criminal, he will be astonished to see how short the
time always is between the end of one sentence and the coat-
mission of a new crime, especially if he bears in mind that not
every offense inmiediately comes to the knowledge of the court.
' LupMOMn, "Einleitiiiig in du Stmfiecht," Becfio, 1900^ 0. BMi
aai.
L ,l,z<»i:,.,G00gIf
§ 24] THE PUBFOSE OF FDNISBMENT 263
The reasons vhy punishment fiuls to have a detenent
effect on the individual lie in different fields. The first reason
is in the execution of the sentence itself, which, looked at
closely, loses much of its horror. I do not share the opinion
that security from hunger and cold makes imptisonment
actually inviting. Nor can the occasional remark of a crim-
inal, that his desire for the comfortable quiet of prison Ufe
led him to commit some offense, lead me astray, even if he
speaks the truth. It has been my experience that practically
all criminals long for the time vhen th^ are to be set at Uberty.
As long as the prisoner m a penal institution is subject to
the strict system of the house, and sees day after day pass,
all too slowly, in hard, monotonous work, he certtunly does
not look on imprisonment as desirable, or even ea^. But it
is a well-known p^chological phenomenon, that the remem-
brance of pain and suffering very soon fades, and that time
soothes even apparently unendurable trouble. This is even
truer of the impressions made by imprisonment, in wbidi
it is the long duration, the eternal sam^iess, the strict disci-
pline as a whole, that weigh so heavily. But from a distance,
the danger of having to go to prison again does not seem so
unendurable; as a counter-motive to new crimes, the remem-
brance has scarcely any effect.
Let me say at once that I would not for a moment con«der
it advisable to keep the remembrance alive by making the
penalty severer. Such a course would grind the more harmless
and milder criminals even finer than does the present practice,
and would be ineffective as regards habitual criminals.
The second reason for the failure of special prevention is
to be found in our lavs. Becidivism is regarded as a ground
for increasing the penalty only in the case of a few crimes,
and then only if it is the same offense that is repeated. I
have had to point out again and again that all (Senses <tf
:. Cookie
264 THE STRUGGLE AGAINST CBIME [§24
equal pqydu^ogical value, as wdl as the fact ti a fonner
coDvictioD for any offense, should be takoi into account
in passing sentence. As a mattCT of fact, this is actually <loDe
in the practice of the courts. I am always glad when I hear
a sevoe sentence imposed on the ground of frequent f c»mer
convictions. But the constanttaldng into account of the injuiy
done to a legal value prevents the canying out ot this princq^
and produces such judgments as those menti(»ted on page 258.
But how is a sentence of 4 months' imprisonment to make an
impression on an old swindler, nho is ccmvicted ot his seren-
teenth fraud, and how can S days in jaO for b^ging aSect a
man who has spent nearly 19 years in p^ial institutions?
If punishment were to have any deterrent effect at aS on
such old prison habitues, (he penalty would have to be one
to be really feared, and that could only be htqied if it woe
increased tor every offense. But — after all that has been
said, this requires no proof — even then the effect would ful
in the case (rf criminals whose nature is such that they cannot
be influenced 1^ a motive of this kind. The DKWt drastic
laws, fire and sword, the wbed and the gallows, have not
rooted crime out <tf the worid. Hotce, where it is not possible
to operate by fear, other measures must be taken.
Punishment is intended to protect society from the crimmal
assaults of certain individuals. In our endeavors to readi this
goal we must not discard a method because it rardy proves
to be effective. Even if it w^ie only on accotmt of its educa-
tional value, I should not like to do away with the deterrent
effect produced by the threat of punishment. But it would
be a mistake to construct a penal code entirdy frmn the
standpoint of deterrence.
Let him who does not approve of this f<Mmula, pot Heim-
betger's question ' to himsdf : Why does not the State repeal
I Hnmiersa: "Der Begriff der GenditigtDcat im Stia b tA d, " iSOt, p. SI.
, ...... C.ooqIc
§ 251 THE MEANS OF PUNISHMENT 265
its caiminal laws? With Hetmberger he will have to answer:
"Because from a repeal of its criminal Uwa the State would
have to fear, asd rightly, the war of all men against aU men,
the destruction of aU order, and its own end." Hie State
must protect socie^ by means of its laws.
Much higher is the endeavor to make the criminal harmless
by making^junrSetter. by givtQ£.hini thfi-^centives that be
lacks attd trying to supplement his defects of education and
disposition. We may as well acknowledge to ourselves at
the outset that these efforts will often fail, will fail for the same
reasons that the attempt at deterr^tce fuls, because the
means used to correct and improve the criminal, above all
the execution of the sentence in its present form, have too
many d^ects, because our laws fail to pve us the opportuni-
ties that we need, and, finally, because many criminals, on
account of (heir natural disposition and mentally, are incor-
rigible. Eves from the standpoint of the theory of better-
ment, then, nothing can be done with these latter but to make
them harmless. T^ff^x-ta jn ^ legislation jmj in thft rnn^'ing
out of sentences, however, can be re roedi^ In order to do this
we need only keep them clearly in view, and X will now try
to discuss "punishments" and their psychological ugnificance
in the prevention of the descent into crime, always keeping
this end in view: the protection of our health, our hODor,
our property.
§ 38. The Keani of Pnnidiment
The most radical means of preventing a criminal from re-
peating his evil deeds b to put Mm to death. Capital putush-
ment has, therefore, always been used in the case of certun
crinunals whose particularly dangerous acts made them a
■pedal menace. Thus the crime was "atoned for," society
was relieved oS the necessily of supporting such a person few
.oosic
266 THE STRUGGLE AGAINST CBIME [(25
yean, and was safe from the danger oi his attacking tlie
officials of a penal institution or, in caae he should escape,
ctf his maukdng public safety in general. It cannot be deiued
that, from the standpoint of security, capital punishment is
justifiable; de Fleuiy * even desires to see it much extended
in the interest of a sodal selection; what is repulsive to our
feelings about the outward procedure oould be done away
with by j'hfinging the method of execution.
The grounds for and against capital punishment have so
okeia been discussed * that it is not necessaiy to enumerate
the objections to it, among which the poesitMlity of a mis-
carriage of justice * ia the moat serious. For the most part,
they lie in the sphere of feeling, which, in general, r^ects the
^cecutioD of the death sentence.
It is essential, however, that we should consider iriiethcT
capital punishment acts as a deterrent; I can scarcely bdieve
that it does. German statistics do, indeed, show that the
number ot those condemned to death has decreased some-
what, but only veiy little. Belgium, on the other hand,
where no capital punishment has been carried out f<H- years,
has also had no increase of the crimes for idiidi coital
punishment is the penalty. Observations show that the eSett
of executions is by no means deterrent. Ferri * had the oppar-
tunify of being present at two executions in Paris. His
remarks show that thdr effect on the suburban p<^Hilattaii
of Paris was the very opponte of what was hoped for.^ Instead
of dull terror, he saw curiosity, pleasure in the unusual aen-
■ Dt FUurf, "L'ime du criminel." Puis, 1808, Felix Ak»n. p. IS4.
■ FraiicaTi, "La peine de moit" (Mitt, dej I. K. V. VII. 36).
• laiMutg, "AhachiBuag der Todentnfe" (Arch. Krim. Antlir. K. 1).
• Ferri, "Lea ciiminda duu Tart et U UttAature," Puia, laOS, Fds
Akan. p. 75.
■ A fine d««cription of such ■ scene, iriiidi, as cooipanaon with Fnri'i ob-
■erVBtioiu shows, is entirel; DDenggerated, is to be found id ZolM'a "Fata"
(Bibliothique Charpoitier, 1898, p. 401).
:,,G00gIf
§ 251 THE MEANS OP PUNISHMENT 287
sstion, betting aa to iriiat the dmieanor of the condemned
man would be, everything, in fact, rather than the solemnity
Btutable to such a sad occaaion. It can positively be asserted
that the peculiar rdle played by a person condemned to death,
the attention that his deeds, his life, his behavior at the
time of the execution, arouse, thanks to the public love of
sensation to which the press caters, are an actual attracticm
to a number of psycho-pathological individuals. The fear
of lifelong imprisonment vould probably have a more whole-
some effect on the peculiar individualities of a.'WHMina and
their ilk than does the martyr's halo of gloiy, the imagined
tame of a sensational execution.
Whatever our opinion of capital punishment may be, its
retention will have just as littie material influence on crimi-
nali^ as its abolition.
Deportation may, undoubtedly, be regarded as a conven-
ient method of getting rid of dangerous persons by piesenting
them to other countries. Theoretically, we can perfectly
well imagine that the necessity of getting on in a strange
country might divert the too well developed impulse from
deeds of violence. But, considering the nature of criminals,
I fear that the number of individuals in whom this possibility
can be depended on would be quite insignificant. Suitable
as deportation would be for these few energetic and vigorous
persons, for most of the others it would be just as unsuitable;
for ihem it would mean an allied and delayed sentence of
death. Most of the attempts made hitherto have come to
grief, largely, probably, on account of wrong selection. As to
tbe practical success of deportation, opinions differ widely.'
But the question of deportation seems to me to be well worth
> Bniek, "Fort mit den Zudithkiuem," 1804, and "Die G^ner der De-
poftatioD," 1001; Milt^rmaur, "Euin die Deport&tkoi im deutacha Stnf-
lyitem Aububme findenf" (ZStW. XIX. S6); Beiiaitrgm: "Zat Refonn
dca StntviJInigik" lOOfi.
L ,l,z<,i:,.,G00^lf
26S THE STRUGGLE AGAINST CRIME [§ 25
further discunioD, witliout its being necessary to nuUce sndi
diacussion difficult by adc^ting a passionate tone. Ftu- the
present, cotainly, I personallf think we should do wdl to
make use of the strength of our prisoners at home. We
stiU have in Germany plenty of unfruitful marshes and
heaths, streams to be dammed and valkys to be closed op,
and such work waits to be done in places idiere it is impoadUe
to employ ordinary workmen, because it is too difficult to
provide them with shdter and food, and the pay would be
too small. But here the State can step in as an ani^yo',
and it is doing so more and more. Only those convicts are
employed who have good prison records, and only in places
where otherwise the work would not be done because lab(H<ets
are not to be found, or whne exceedingly high wages wooM
prevent the wo^'s being profitable. In the year ISOI, 9300
prisoners were employed in all the provinces of Frusaa, and
proved themselves to be willing and able. "No difficuhy was
experienced in the matter of discipline, and attempts to eaeape
were veiy rare." This result cannot be too stnm^ enqiha-
nzed, for it shows that even recidivists — only such were used
in this work — do not under all conditions require expenaive
cdls, high w^ls, and the whole offidal prison f4)paratus.
in order to bdiave well. Attempts to use convict labor out-
aide of the country have proved so satisfactory that we mi^t
well demand that they should be more extensive, but as ioag
as the use of such labor at home proves to be practkaUe —
b^ng both cheaper and better in every respect — we need
not conader penal deportation.
The slight success of imprisMunent has led Beuiecke to
suggest that, in the case of the incorrigible criminal, the pun-
ishments should be made so bbv&k that he would fear them,
wherefore Bennecke demands that such criminak should
receive special treatment, in which corporal punfaJumtit
§ 25] THE MEANS OF PUNISHMENT 269
should be one of the chief features. The advocates of corporal
punishmeiit frequently refer to the good results obtained by
it iu London, where in a short time it is supposed to have put
an end to attacks by so-called garroters in the streets. This
proof of the efficacy of corporal punishment, unfortunately,
nstsupon an historical error.^ In January, 1863, a high official
congratulated the grand jury on having been so successfully
energetic that the bands of garroters had disappeared; hence
the law introducing corporal punishment, which was not
proposed until July of the same year, came too late.
It is to be T^retted that Denmark has recently enacted a
corporal punishment law, although it applies to only a few
cases. At the same time the conditional sentence was in-
trodoced and the age of legal capacity for acts was raised from
10 to 14 years, both changes being so advantageous that we
can afford to overiook the revival of corporal punishment.
Neverthdess, it is disheartening enough that a cultural state
has reverted to such a brutal meoas-of-edneation and onejthat.
is <rf most qu^tionable value^_ Altogether it is surprising to
find people still enthusiastically praising flogging. Experience
in the army, where it was formerly thought impossible to get
on without the stick, has shown how easily corporal punish-
ment can be dispensed with. Discipline in our navy is far
Ijetter than in those of many other countries, where fear of
the/'cat-o'-nine-tails," or other equally edifying instruments,
hdps to keep the men in order. Such humiliating methods of
punishment are surely not necessary.
Corporal chastisement does still exist in Prussian peniten-
tiaries as a disciplinary punishmoit, but it is very rarely used.
The brutalizing effegtlhat corporal punishment must bave^m
the man w^is fl<^ged, on the prison officials, and on the
1 Ty^trs. "Die FrOgelftnJc in IHnemufc" (MScbrKrimFvclL I, 41S
and n. 159).
. ,l,z<,i:,.,G00^lf
270 THE STRUGGLE AGAINST CBIHE [§25
Bpectaton, la out oi all pioportioD to the poodle good effected.
Krotuw* speaks most deodedly^s^ftliut ft. '"TC diows an
entire tntaniM tont ta nAing q{ t]ie 'brutal nature dt (rnninals'
to bdieve tliat the prospect of intense physical pain wonki
ptevent an outbreak ol their malice or passion." Whoerer
desires to convince himself of its failure as a means d de-
terrence, should read Dostoievsky's minute poycholo^cal
observations made during his imprisonment in Sberia.*
Id any case, the introduction, or rather the revival, of ccr-
poial punishment in our penal system would involve so nuti^
disadvantages that it is a matter of indifference whether
occasionally an individual criminal is found who fears it.
It is certain that no one improves under it.
The lo3s of dvil rights is just as ineffective a means of de-
tenenoe aa of correction. It may even hinder a man in his
efforts to idiabilitate himsdUt in society, as, for instance,
vheo his inability to fill the o&<x of a guardian, or to witness
a document, makes it known to those about him that he is a
fonner convict. But such cases are becoming rarer and ram.
The loss of dvil rights now goierally follows coily if a crime
has been committed that betrays a particularly base char-
acter, and it is improbable that such persons will immediately
smoosly endeavor to rehabilitate themselves. It is entirely
in the interest of the State to deprive them <^ every influeitce
on public and private affairs. I consider it desriy advisable
that this loss of rights should be extended to indude the ii^!it
to exercise parental authority. Above all, the right of guard-
ianship, even in the immediate family, must be takes tron
one who shows by his behavior that he is unable to lead an
npri^t life himself, much less to siqiervise the tnuning and
education of minors and to manage thdr property.
1 "Lehrinidi da GcHnpiMlnmdfc" p. SStL
■ i>o«tow»d y /'Men>Miw>«iMdiittnToUflhM»LripiifcPlii^Bndii»."
$251 THE MEANS OF PUNISEIMENT 271
PUcing a man under police surveillance is of particular
interest, because, in this instance, the decision, by law, rests
with the prison officials; even though the right to impose
poHce surveillance is assigned to the "higher state police
authorities, " yet there is no doubt that the greatest weight
is Inid upon the "judgment of the admimstrators of the
prison." Here we find recogoition of the principle, that
the fTiftTigip g of an admissible secondaiy punishment into a
definitdy imposed one should be made dependent on the in-
dividuality of the criminal, which careful observation affords
tL better opportunity to judge than does court procedure.
Its advocates are few, and for good reasons. The habitual
criminal laughs at it. He knows how to escape it as soon as
he begins his underhand doings agtun. In the lists of punish-
ments imposed on old habitual criminals, police surveillance
is never lacking. It has probably never hindered a man from
returning to crime, but often, when a man has been trying
to pull himself together again, police surveillance has been
the determinative factor that has drawn him back into
the abyss. This experience has led to an arrangement by
which, in certain cases, provident societies, instead of the
police, are allowed to exerdse the protective supervision. In
this w^ the interference of the lowest organs of the police in
the career of a released convict is avoided. When the chap-
lain of an institution, whom experience of many cases has shown
"how useless, on the one hand, and harmful, on the other,
the effect of police surveillance may be," feels himself con-
struned, in his capacity as a prison official, to oppose the ex-
ercise of such supervision in most cases,' and when it is known
that this view is shared by nearly all intelligent prison officials,
the wish to have §§ 38 and 89 entirely omitted from the Penal
Code is probably justified; ibey would hardly be missed.
* Krmu, "Der Kiuiipf g^en die Vabtediauttumdten," IWd, p. 9S>.
I ,.,,:-C00glf
272 THE STBUGGLE AGAINSTT CRDCE [§25
Most questionable, in particular, is the right irf the pdice
authorities to txpd a former convict from a city or town.'
Hie >"'"'^'"e over of ddinquotts to the State police anthn-
ities I have ah-ead^ spoken of as bdng the recognition of the
necessity of social repression, even when the offense is quite a
minor one. It is surprising that this measure ^q>Iies only to
beggars, tramps, drunkards, prostitutes, and cadets, and not
to far more dangerous persons. When these ddinquents are
turned over to them, the State police authorities have the li^
to commit the convicted persons to a voridtouse tor a period
not exceeding two yeeia. This bcsKfits not only society,
but also the vagabonds and prostitutes themselves, ahhoa^
usually th^ are far from bdng satisfied with this treatmeot-
A very large number of physical and moital inferiors are
found among them. Where the firm will of the institution
oflSdab affords them a protection frtHU thdr own inatalHli^,
where the work assgned them spares them the necesst^ el
taking thought for the morrow, where the impossibility ol
* 11iepow«cltliep«dicetoespdaiiiuiuJii«ati,iDftnMM.aBtbe«tatate
of December 81, IStt, relating to Uw lettleipwit at newlj uiind penoo*.
Hw gtmod paragnph ol thia kw detennioa, ■■ an eaeep tiuii to the "Ftri-
fDgl^keitqiriit^," that the atay of • PnMrian citueit in • pbee Kiiere he hM
hii own dwelUnj or ii able to provide for himfeS can be foibiddm or rasde
dUBcnh by iHctome conditiMu:
"If the State police findi it aaea w Bry to eicjiide a ideased coavict fran
TCodence in a certain place. Tbe State pdiee anthorities, however, aie only
empowered to do thia in the case of convict* who have been tmpriiowd in a
penitentiary or. for a crime wkiek ifffaip* lft« perptlr^or at a ftrwon ioKtama
to fubUe tafd^ or wtonUt^, ha*
He qoMtion whether thia i^ulatioaiattiIlap|dicd>le<»haapa4H4M loat
Ha validity in cuiaeqnence of tbe anbaequent national criminiJ code, » ooe cl
tbe moat diqxited pointa of public law. Hie "Ob erv e» wa ltungij;eri A t."
however, in its deciaion of February Si, 188S (jiA. IX, p. 41S), has accqi to l
it* validil; and given in detail Raauia for doing ao. Heno^ with na, the law ii
stiU in fwce. that oiminala who ahow tbemadvea to be dangerous to pnbGe
aale^ i« mor*]ity — and lAat (nminal ia not? — are anbject to cqnlaaM
by the p<dioe antboiitiea.
§ 25] TBE MEANS OF PUNISHMENT 273
obtuning spirits puts ao end to thar contmuous dninkenness,
idle vagabonds often prove to be industrious, reliable work-
m^i, and indolent prostitutes to be skilful and willing serv-
ants. But purposeful and unremitting guidance b necessary,
otberwise their energy fails them. Hence they relapse im-
mediately into idleness as soon as they are discharged. From
this it follows that the period of confinement must not be too
short. In the case of those who are corrigible, release might
be tried after several months of model behavior, perhaps in
the form of a leave of absence, which should become penna-
neut if the good behavior continues for a year or two. But
the incorrigibles have shown themselves to be still as bad at
the end of two years, the longest time for which they can be
committed in Germany. The prostitutes immediately return
to the brothel, the men resume their interrupted wanderings,
and it is only due to chance or thor skill in eluding the eye of
the police if th^ are not re-arrested after a few days. The
short time that they spend in jail before they are returned
to the workhouse is quite superfluous. It only considerably
increases the expense to the State, in so far as they have to be
taken first to the jail and then sent from there to the work-
house, instead of being immediately committed to the latter.
This delivering of offenders to the State police is at present
only a half-measure which has stopped short of the final and
most im[>ortant step. But — and herein lies its advantage
from the standpoint of a purposeful criminal policy — it
has broken with the principle of retribution, and only serves
the purpose of freeing society from these parasites. It cer-
tunly cannot be denied that the sums obtained by b^ging
amount to millions, but, after all, anyone who voluntarily
taxes himself for the support of the. habitual b^gar can put
' a stop to it whenever he chooses. It is not in b^ging and
tramping that the danger lies, but in the fear of work, in
274 THE SntUGGLB AGAINST CBDIE [§25
drnnkqioeM, in the gtate (J bong a paraate; these indiTidtuls
are tor the most part still in the first stages of criminal activit7.
And from this the State draws its right to defend itsdf deci-
sively. Wecan but rejoice in this. The first steps will certainly
be followed by others, and in othw fields : probatjonaiy release
in the case of the better element, supervision for yeais, eroi,
under some circumstances, as Hippel * demands, until death.
Ftoes, in their present form, are altogether usdess, above all
because they are not suffidett^ adiq>ted to the financial
circumstances of the persons punished. The vicarious pen-
alty, moreover, which permits the substitntum of a piiscm or
even penitentiary sentence if the fine cannot be p^, and
allows the offender to free himself from the changed sraitence
by paying the amount of the fine, should be entirely rejected.
This turns the fine into a class penalty, as it will not, of oourse,
occur to the well-to-do man to submit to imprisomoent
rather than pi^ a relativdy small sum, iriiile the poor man
cannot do otherwise than serve his time in prison.
It would be far better, instead of imprisonment, which b
only an expense to the State and, moreover, is entirely ineffec-
tive as a pumshment, to make the obligation to perform certain
municipal and other work the alternative. Such a possi-
bility did, indeed, fonnet^ exist, for the sixth section of the
introductory statute of the Penal Code 81^ expressly: "Wboi
in ibe national laws, instead of imprisonment or a fine, forestiy
or municipal work is provided or remitted, this stands."
According to the gaieral opinion, even new national laws,
providing in the same way for the performance c^ public
work instead of a fine or imprisonment, nuQ^ be enacted,* it
> KMi Bippd, "VeriXltimg and Bestnfimg vod Bettei. LaodrtRkAerei
nod Aibeitncbra." 77. Jahietbericit der IUwiD.-We9tf. GcAUgnngeKB-
sdiaft and *ur VBgkbnadenfrage, Beitm. O. Lkbnuim, IMIS.
■ OUumten, "KommenUr nun StnfgcaetifauiA fllr (ki DenfadK Rekb,'
tp. «7.
,i,z<,i:.., Google
§25} THE MEANS OF PlilNISHMENT 275
the natioDal legislation in question already contuned such
provisiona. In its law relating to forestry thefts of April
IS, 1878, Prussia has especially urged this forestry and
municipal work. I was unable, however, to aacertatn
vhether and to Tdiat extent this method of working off is
iq>plied, but it seems to me that a very rational idea lies
at the bottom of it, the re-introduction of which into our
poial system would be practicable. Such penal labor, which
von Jagemann ' also advocates, would probably be far more
unpleasant to most of those who are sentenced to jail, would
be far more likely to restrain them from new offenses and
bring the gravity of their actions better home to them, than
does a few days' imprisonmrait. At the same time the amount
of work required of an offends could be better adapted to
his physical strength. If he should altogether refuse to woik,
that would show that he is not willing to subnut to the social
order, and severer measures would have to be taken.
Hans Gross * has recently written in favor of the introduc-
tion of "house arrest" to take the place of fines and brief
jail sentences. The objection that house arrest would inter-
fete with a workman's occupation. Gross seeks to overcome
by suggesting that such persons should be confined to their
homes on th^ free days only. Gladly as I acknowledge the
suitability of the house arrest as a penalty that would be much
more felt than a fine, especially by the well-to-do, yet, as a
physician, I must raise a new objection to it. A waiter or
a railway employee who — I am following Gross's example —
has only one free day in ten could not for^o two such sue-
oesdve holidays without injury to his health, nor could a
servant do without her free Sunday afternoons. The health
of a ci4>italist, however, would certainly not suffer if he were
> Vaott ttir Geflmgniikundc XXIV, 17.
■ Ban* OroM, "HkUMRcrt aia Stnfmittel" (HSchrKrimFlTdt. U, MW).
L I-™ ..Google
276 THE STRUGGLE AGAINST CRIME [$ 25
obliged to stay in the house for two succesmve daTs. It ia
unavoidable that the effect of bouae aneat would be too
unequal on the different classes of the peculation, and* for
that reason, I tear it will find few advocates.
The reprimand as a punisbmeot ensts only tor miiiOTB
between the ages <^ twelve and sixteen. It does not, of
course, balance the injury done, and must, theiefoie, be
characterized as a purely corrective penalty. Is it effective
as audi? In certain cases I think it undoubtedly is so. lite
reprimand is ^iplicable only in "particularly mild caaes,"
and then it amounts to nothing but a serious admonition &om
tiie court to lead an iq>right life. But where such slight (Senses
are ccmcemed, is it necessary to use the whde outward apfM-
ratus of a forma! court trial? Certainly not. In fact, we must
even go farther, and ask, whether childroi should otxne before
the court even for more dbrious crimes. This question too
may be answered in the negative. I shall return to the treat-
ment of juveniles, but moely wished here to enqihaslKe the
fact that the existence of the punishment of the reprimand is
justified only from the standpoint of the theory oi correctitHi.
The most important means of punishment is deprivation ct
^ liberty. Our criminal code rect^nizes four different kinds:
1. Simple imprisonment; its length may be from one d^ to
six weeks. 2. Imi»isonment with supervision ct the occupa*
tion and mode of life ol the prisoner, imprisonmait in a tor-
tress; the sentence may be tor from one day up to fifteen years,
or it may be for life. S. The prison sentence, the minimnm
b^ng for one day, the niaTi'niiim for five years. Prison con-
victs may be employed at some work suited to their abilities
and conditions; at their request they must be so enqdoyed.
4. Penitentiary imprisonment may be for lite or tempfaarity;
it the latter, then it may be for from one to Slleea yean.
Fenitentiaty convicts must be r^ulariy eiap]ajei.
I _,..■ . Google
% 25] THE MEAI^ OP PUNISHMENT 277
This gradation shows that another factor is added to the
deprivation of liberty, that of work, which advances from
mere sup^vision to the posnbili^ of employment and to the
compulsion to woric. In practice, the differences in the manner
of work, particularly betwe^i the prison and the penitentiary,
liave almost completely dis^tpeared. In general, there is
the compulmon to wo^ and, with n^ligible exertions, the
convict has not even a choice of employment. Evety penal
institution has a limited number of occupations, often so
limited that it is impossible properly to consider physical
and mental individuality. Formerly the most various trades
were r^resented in evety institution. The letting of the work*
ing force to contractors then led to competition with outside
labor, which is not desirable in the interest of the woridng
dass. Thus the State came more and more to admit only
those trades that delivered work for other State institutions,
for the army and for the railway administrations, and to carry
out this work under its own managemrait. To be sure, com-
petition with outside workmen is not yet at an end. For
everything that is made in penal institutions would otherwise
be made by free workmen. But this restriction to the State's
own needs affects only a few trades, and the work is not indis-
pensable. It is doubtful, however, whether the interests of
socie^ are adequately served in this way. In many cases the
voik is done with the most antiquated equipment, which
involves a highly unnecessary waste of force. Moreover, in a
large number of penal institutions it is absolutely impossible
to teach a prisoner a trade that will be useful to him later
in life and will thus ud in preventing his relapse into crime.
When we examine imprisonment with and without the
oompulsion to work, in regard to its expected result, we must
be dear in our minds from the outset that correction and
deterrence here go hand in hand with the urn to protect
I ,-<,::..C00^^lc
278 TBE STRUGGLE AGAINST CBDIB [| 25
society. Above all. imprisonmait prevents the mdividual
who ia a sodat meosce from following his inclinatioiis at the
expense of the community. In addition, it has a powerful
influence on the whole mode of thought of the prisoner. He
becomes a member of a well-ordered, self-contained organism,
ID which everything b regulated to the minute. The carduDy
planned rules of the institution keep the limits of hisri^t
always before his eyes, he learns to obey, learns to sutMnit,
becomes accustomed to order and cleanliness, and, above all
— he learns to work.
Germany has. fortunatdy, neva adopted sudi foolidi
methods of compulsory work as the treadmill, the ball and
chain, etc, whidi are stiU used in some other countries. Tlua
purely physical activi^. in consequence tA its deadening
mechanical, an*! entirely puiposdesa motion, J**" a t-hnmn ghly
demoralizing influ^ice on mind and body; it b mtirely at
variance with the purpose that working b intended to ats
complish. that is, to accustom the criminal to r^ular and in-
dustrious activity. With us an incentive b offned him in
the shape of a small reward of labor, which at the same
time may help him over hb first period of need on hb rdease
(compare p. 237). The d^ly stint ci work b usually fixed
with care, at an amount that the average worinnoi ' can
well aocon^liah with constant industiy. If he does dkhc,
hu reward is increased; if less, all the severity of disdpliiuuy
punishments are brought to bear upon him.
I cannot refrain from confessing here that, in the course of
my activity as prison physician, I have ccnnpletely k>st n^^
approve oi the "stint." It seoned to me to be of exccptii»>
ally edacatitMial value to set the prisoner a definite task, in
the accomplishment of which he might show hb willii^itess
^ Of coone the (Ute of •
DiailizodbvGoOgle
§ 25] THE MEANS OF PUNISHMENT 279
and exercise his industry. But the first condition in fixing the
task would naturally be proper consideration of the mental
and physical capacity of the person who is to perform it.
Even if that were possible, many an industrious woriunsn is so
clumsy by nature that he cannot keep step with his more
skilful companions. Only the intimate knowledge of such a
man, nsual^ impossible to the overburdened prison officials,
can protect him from punishment on account of failure to
perform his task, llie practice of requiring a definite "stint,"
the average amount of work to be expected, tempts the
offidab to judge mechanically of a man's willingness to work
by his ability to work, and this is a serious defect. The
judging of a prisoner's moral qualifications by the work he
accomplishes is an error that an efficient prison official —
and we should have only such — may not make, but which,
unfortunately, is only too common.
Of still graver import is the fact that much work is done,
not by the "job," but, by the day. According to my experience,
a prisoner must be excessivdy lasy before the (act is discovered,
if he works by the day, so that such men ore scarcely ever
punished tor insufficient work. This is soon observed by the
workmen who work by the stint," and the feeling that it en-
genders of being unfairly treated is often the cause of con-
siderable bitterness. I am well aware that these remarks of
mine, based on personal observation, on the punishment lists
of different penal institutions and the reports of aU kinds
of prisoners, will be decidedly contradicted by most prison
officials, but I have come to my present convictioo slowly and
much agmnst my desire, being gradually converted by eq>eri-
ence. and if I should fully express my opinion to-d^, it would
be absolutely for the abolition of work by "stints," — not of
work altogether, of course, for I am a firm believer in labor,
and, moreover, in industrious labOT.
L,.,l,z<»i:,.,G00gIf
280 THE STRUGGLE AGAINST CBIME [§ 25
To many » convict prison is the place where he first ezperi-
CDcea the pleasure due to the completion <rf a task, what he
first seeks to acquire something by the iDdturtrwoa use oi iaa
hands.
The prisoner also learns to iq>predate the blessiiig of wntfc
from another side; it helps him throu^ the tedious mtmotcaiy
of uniform days. Without occupation, ah>ne within his four
walls, he soon b^ins to fear the phantom of tedium, <^ lone-
liness, of inward blankness. My experience has convinced
me that this paralyzing stillness is much more enduring in its
effect than the shades of the past. Far more rarely than one
would imagine does the memory of his crimes recur to the
prisoner to torment his hours of solitude. What really tor-
tures the convict is his inability to make the slowly creeping
hours fly. Sundays and bolides, the days of rest and recrea-
tion for those who are free, are thus d^rs ol inward t^mnent to
the convict, and it is with fedings of joy that he receives per-
mission to work again. That I am not mistaken in this view
is shown, ^>art from occasional remarks «^ the convicts
themselves, by a very common experience. Patients iritom I
was temporarily obliged to forbid all work, often bc^jjed,
even after a veiy few days, in spite of pain and fever, to be
allowed to work again, s^ing they could no kaiger endoie
sitting still unoccupied. This is true not aknie ct those in
solitary confinement. Ordinary prisoners too, who were not
ill enough to go to the hospital, could not long endure to sit
idle among the others who were woridng. Th^ too asked for
vrark.
Thus wc^ is our most pownfol educational means, beside
which the r^ular instruction which all priscmers receive up
to their twenty-ninth year, is of seoondaiy agnificance. In-
struction gives knowledge, but education gives the abili^ to
a convict to rdnstate himself in the r^ulated ^ptl life of
§ 25] THE MEANS OF PUNISHMENT 281
the State. Therefore, the priaon o£Scial should have, not the
past, but the future of the criminal before his eyes. He must
be familiar with the past only to this extent, that he knows
the prisoner's descent and development, career and crime,
so that he may judge with what kind of |toum he has to deal.
Cotainly it is advisable to show the prisoner his reflection
from time to time, that he may know who he is. But then
it is necessary to remould him, to clasp the hand that he holds
out pleading for help, to show him the way that he must go.
The prison official who does not make the improvement of
the criminal his highest aim, involuntarily places himself on
a plane with the dungeon-keeper who merely carries out
another's orders.
This improvement and correction cannot, apparently,
be combined with the attempt to deter by intimidation;
nor should it be. According to the individuality of the crim-
inal, there is enough to deter him from further crime in his
absence from his wife and children, in the loss of the saloon,
of tobacco, of freedom of movement, in the compulsion to work,
in the strict discipline, in the association with other criminals.
ID the fact of being punished itself; where none of these mo-
tives is sufficient, treating the prisoner as if, b^ng the scum
of socie^, he were unworthy of a friendly word, will also be
ineffective. To ixmiTifgin order and discipline in a well-
planned, well-equipped, and well-organized penal institution
is not difficult, but it is difficult to help a depraved individual
on to his feet again.
Our statistics leave no room for doubt that the carrying out
4^ our sentences is ineffective. The offidals of German penal
institutions themselves bear witness to this. At a meeting of
the Society of German Prison Officials, in 1904, in Stuttgart,
the debated question: "Does the practical ^>erience of
prison offidals dtaw the present penal system to be effective? '*
282 THE STRUGGLE AGAIKST CBIUE [§25
waa answered by, "No." Can there be a sharper critkiam
of the way in which our s^itences are carried out than the
words of the Prussian ordinance d Se^temba 19, 1895,
which gives, as a reaaon for the introduction of the conditional
sentence, the "justifiable fear of the injurious effect of inqtris-
onment, because of the convict's association with depraved
fellow-prisoners"? This criticism touches one of the scwest
points of our present system, the miTing of former convicts
with persons convicted for the first time, of mild, occasicMul
offenders wiUi old habitues of the p«iiteiitiary. The yotmg
f eilow who first enters prison in fear and trembling is soon
initiated into things which he should never know, evoy
feeling of remorse is smothered by the mockery that would
greet its ezpresaon; he is, as it were, at a high schocd of vice.
Anyone who, under these conditioas, is not, during a longer
term ti imprisonment, infected, shows that he might have been
corrected without imprisonment at all. To the others Kn^me's
words ^ i^iply: "A sentence served in common confinement
means that a criminal is punished for his offense by being
further instructed in crime at the State's expense."
The association of the older habitual criminals with the
beginuCTS in crime can be prevented by isolating the prisoners.
The so-called "Pennsylvanian system" has carried this prin-
ciple to an extreme; every single prisoner is kept alone daring
the ^ole period of his imprisoimient. Hie expense of build-
ing the necessary cells is sufficient by itsdf to bring about a
restriction of this method; the requironeut of ^ence, *-rigHTig
oftener on paper, it is true, than in practice, separate dormi-
tories with conmKin work-rooms, and maiqr other expedients,
have been tried. The ideal form of imj»isonment still re-
mains, however, solitary confinement.
Many erroneous ideas exist in regard to the latter. It is
' "Ldubnch der G«fiUigiiiikande," p. t46.
§ 25] THE MEANS OF PUNISHMENT 283
quite ^ccpUooal now for the principle of isolation to be so
carried out that tbe prisoner is concealed from his companions
by a mask, or that he takes his exercise in a Bttle yard all by
himself. The loneliness of the prisoner in his cell is interrupted
by the keeper, the foreman, by recess, school, and church.
It should be most significantly interrupted by the visits of the
higher officials, who, according to the regulations, are obliged
to virit every prisoner once a month. These visits are mtended
to afford the opportunity of studying the criminal, becoming
more intimate with him, discovering his good sides, so that he
may receive psychic treatment, calculated really to correct
and improve him. It is to be regretted that, in reality, the
visits bear quite another character. No one will ima^e that
it is possible to become intimately acquainted with a prisoner
in fifteen minutes' intercourse a month. And yet, with only
400 individuals, such fleeting visits would occupy fnHn three
to tour hours a d^. No official has so much time at his
Solitary confinement is not suitable for every prisoner;
some of them cannot stand the loneliness, although, as I have
already explained, I do not believe that solitaiy confinement
can produce psychoses. But, apart from these cases, solitaiy
confinement is subjectively and objectively a blessing to the
unspoiled and to those who are not entirely ruined. I do not
share the common fear of masturbation. It is not prevented
1^ common confinement, but rather supplemented by peder-
astic habits, and I do not consider the injury that it does
to be very great. On the other hand, the cell has the advan-
tage that the prisoner can be treated individually, and the
personal influence of the officials in particular can be better
exercised in private conversation.
Tbe numbertess criminals with numerous former convic-
tions, of course, do not require isolation. Th^ cannot be more
281 THE eriBUGGLE AGAINST CBIHB [§25
c(»nipt than th^ aie, and the? are no kniger coiiigiUe.
Common woric-rooms, then, suffice for them, but a^Mtate
sle^ing-rooma are necessary in the interest of mtoality.
A particulariy h^py idea underiies what is called the
"Irish penal qrstem." I wiQ not connder its defects, because
it b the main idea that seems to me to be most importanL
The sentence is served in different grades, the lot of the pris-
oner being made eaaer from grade to grade, and this in di-
rect ccmnection with his bdiavior. The better he bdiaves,
the easier does his punishment become, and the reward tor
his endeaTors is in the form of a leave of absence bef ne his
sentence expires. The educational demoit lies precisely in
the prize that he can win by woik and industry, obedience and
understanding, and it certainly prevoits faequent offenses
against the discipline of the institution, betto- than the p«n-
ishmeaits provided for them.
In many institutions I thtnt there is too mudi discipline
and too little training. B rferenc e *•" ^ip'Tt'^ i« "fit- vwy popn -
lar, I know, bot the remark of such an objective obs e rv er as
Aschrott,* that prisoners thov are encouraged to behave well
by being granted privileges, rath^ than by being intimidated
by the tear <^ disciplinary punishments, deserves caiefol
attention. Judging by my experience, a remitted diactplinaiy
punishment is more ^ective than one that is carried out,
a warning is better than a threat, inrtmctJon than the a{^Ji-
cation <^ disdpltnaiy punishments, and a number of our best
superintendents of penal institutions agree with me. With
exaggerated severity and discipline it is, indeed, posmUe to
attain the absolute quiet of a cemetery, but, underneath, the
fire goes on smouldering, and the breath of freedom suflkes to
fui the sparks into a new flame, more dangerous in its growth
than the one that formeriy thieatoted sodety.
> Aiekroa. "Stnfoi aid GellbigiunrcMn NordHteriku." p. 11.
§26] SUSPENDED SENTENCE AND PROBATION 285
When we consider the defects of imprisonment, we are struck,
first of all, with the fact that it is simply a mechanical carrying
out of the sentence. The criminal laws lay absolutely no
weight on what the penalty is to accomplish tor the convict.
The officials who execute the sentence are deprived of all
pleasure in their occupation, and th^ have reason to be glad
if th^ merely succeed in preventing injury bong done. This
must be changed, and it can be changed without a sentimental
coddling of the criminal taking the place of strictness. The
gravity of the execution of the sentence cannot be combined
with this mechanical absolution of it, the prison er must be^
made to see ^Uiat ^<' Tiimnplf, by his own improvement, can
contribute to Tnft*""g good the wrong he has done; if he can-
uM du tlii8r~h£ must suffer, so that others need not suffer.
Imprisonment will not guarantee legaJ security until it ac-
tnal^ deters and corrects the criminal, and, where thut is_
^^Kwsible," cule him off from society.
§28. ^idamnifleation, Bupendod Bentanoe, and
Frobatlonal Belaaso
Sboit tenns of imprisonment have gradually become a great
menace to pobBc t^al security. Just as a medidne loses
its effect if steadily used, so, too, the abuse of the penalty
of a few days' imprisonment is without ftood te sulta. dulls
respect for the laws, and nndemunes the feding that pun-
ishment is'something exceptional, something that should be
remote from tite life of every respectable dtizen. The dread
(rf pn^^iment vanishes. Moreover, such a few days or weeks
in prison is of no use as a corrective measure. At least, the
officials to whom is left the carrying out of the sentence must
refrain, busy as tbey are, from attempting to arouse a teelit^
for the right. Nevertheless, short sentences cannot be dis-
pensed with, even when we consider the punishment steely
.oosic
286 THE STRUGGLE AGAIKffT CBIME [§26
in its lelatiui to the isdividu^r^ of the offeodo-. It is im-
possible to proceed with the heavy artilleiy ol month-long
iDq>risonm«it in the case <^ comparativdy harmless offenses.
Two ways out of the dilemma offer themselves: indemnifi-
cation and the suspended sentmce.
Curji^t^^ral views all look upoiLit-aA-a.gEave-d^eet-4hat
the State, in impos mg a p enalty, Ij-av n^ th^ inj^^Twt pji P imi i -
entiirelf out of connderation, and doe s not, with the sa i Xeofx ,
impose also the obligation to in<<Bipni^ -^ *Mi i n jwrp d. ffiihjfft
I know well that that b what the dvil courts are for, but
this separation has great disadvantages. If, to-d^, a laboro'
is so severely injured by a ruffian that he is uuaUe to woric
for weeks, he can biing an action for damages. And they will
certainly be awarded him, but the award will merdy exist
on paper; the other's lack (d proper^ will [wevent indem-
Dification; in fact, if the injured man sues after the convictirai,
he has to bear the costs himself. This is more than unjust.
Ferri* describes this proceas, which he calls a "grotesque
comedy," sharply and strikingly in these words: "The State,
which is responwble for not having been able to prevent
crime, and to ^ve a better guarantee to the citizens, anests
the criminal (if it can arrest him — and 70% of discovoed
crimes go unpunished), llien, with the accused paw>n befme
it, the State, 'which ought to concern itself with the ]otty
interests of justice,' does not concern itsdf with the victims
c^ the crime, leaving the indemnificatioti to thdr prosaic
'private interest' and to a separate invocation of justice.
And then the State, in the name of eternal justice, exacts
from the criminal, in the shape of a fine payable into the pub-
lic treasury, a compensation for its own defense — whidi it
does not secure, even when the crime is only a trespass upon
private proper^!" Carefully considered, the penaa injured
» Fmri. "Criminal aoaaiogy," p. S23.
526] SUSPENDED SENTENCE AND PROBATION 287
or robbed has even to pay for the maintenance of lus assaUant,
for the cost of the administratioD of justice is borne by the
peaceful citizen, not by the penurious law-breaker.
Id my opinion, it would increase respect for the laws con*
siderably if the State would acknowledge its obligation to pro-
vide for the lestoration of the l^al state, not only as regards
criminal, but also as r^ards civil law. The criminal should
be obliged to make good the injury by the work of his hands,
and to this the State should compel him. This will not be
universaUy feasible, but it would be perfectly possible pre-
cisely in the case of slight oflfenses. This penalty would better
conform both to the purpose of deterrence and of correction
than does the short term in jail. Such a sentence means,
at present, nothing but a couple of days of idleness — work
tor such a short time is not worth while — in a warm room,
with simple but sufficient food. The representative of the
theory of retribution, too, might agree with our demand,
which makes compensatioB tor the damage done more possi-
ble than does the redconing of a bodily injury, or of a mined
object of value, in terms ot days in prison.
- The habitual criminal would certainly fear such a punish-
ment more than a few days in Jul, and the obligation to in-
demnify will impress more deeply upon him that he must
respect the property and the person, the honor and the peace,
c^ his fellow-nian. In the case ot the occasional criminal,
the procedure would be still simpler. His pimishment might
confidently be postponed and the obUgatifm imposed to in-
demnify within a suitable time. The necessity of saving for
others wiD long be a warning to him that will keep him from
relapse, better than would a few d^n' imprisonment, which,
it he happens to have a careless nature, he will soon forget.
The reasonableness of this idea cannot be disputed, but it
is a question whether it could be carried out; yet it should be
_ Cooxic
288 THE STBUGGLE AGAINST CRIME [$26
poonble to find aome way that would admit of the combina-
tkm of these two branches of the law. Perti^M it mi^t also
make the "suspended sentence" appear more endnraUe to
some of the theoiists who cHng steadfastly to ezpiatkm. The
suspended sentence emanates from the idea that it is not
alw^re 8 sign of a criminal mind if a man falls into the hands
of the criminal judge. X^ligence, intoxication, irritability,
necessity, even recklessness and temptation, may lead to
crime, without our being justified in '•««ting stones at the
offender. If his act is such that money can be regarded as
compensation, he will perhaps try of his own accord to make
the damage good. Otherwise he will become subject to I^al
punishment, although, perhaps, even the judge — I again
call to mind Feuerbach's words on page iSt — is omtvinced
that a warning would be sufficient. But why should the pris-
ons be filled unneceaaarily, why should the man irtio is suffi-
ciently punished for his act by remorse and the obligatiiHi,
imposed other by himself or by the State, to pay damages,
be still further punished? Hie interest of the commnnity
at laige is better served by a suspension of the ponishment.
llie forms in which we find it in literature and in i»actice
are veiy different. In England the suspen^n of the ponish-
ment, where there is a reasonable prospect of good behavMH,
has gradually become more general. It was used long before
its oodificalion by the "Probation of Viist Offenders Act" *
in 1887. The act provides: "In every case in which a person
is found guilty of theft, fraud, or any other crime that is pon-
isbable by imprisonment for not more than two years, and
in which no former conviction is proved against this person,
the court before which he or she is found guilty may, in con-
mderation of the youth, character, and former life of the
* Mtttm, "Die GeflliignMrti»fe imd die.beAigto VcnirteiliBV im nods-
MD Stnfrecht." Hambiirg, ISSO. 1. F. Bicfater. p. «7.
S 261 SDSPENDED SENTENCE AND ^lOBATION 289
offender, and in consideration of the insignificant nature <^
the deed, and by reason of any extenuating drcumstancea
under which the act was committed, order, at its discretion,
that he or she be dismissed on his or her recognizance, with
or without surety, to appear on summons, to hear the
judgment, at any time that the court may determine, and
in the mean time to keep the peace and maintain a good
demeanor." ^
In reality, England does not limit itself to those cases in
which the conditions are fulfilled, but m^es the widest
possible use of the suspended sentence. In the years 1894
to 1896, of the S7,S23 persons who were tried by jury, which
in En^and tries about half of the cases of recidivists, S109
were released on their recognizances, with or without sureties.
This proof of the freedom of the English judge, who is not so
dosely bound by laws as is the German, shows at the same
time that the measure is obviously held in hi^ estimation in
England. The results are good. Of the 18,492 persons who
were conditionally sentenced during the years 1888-1896,
only 1564, that is 8.4%, failed to stand the test of probation.
While, in England, only the guilt is established, and no
actual sentence' passed, the probation system as it existed
in Boston as long ago as in 1869-1870 merely postpones the
execution of the sentence imposed. In Belgium, at the end of
the probation period the sentence is regarded as never having
been passed, whereas, generally, it is only the execution of
the penalty that is remitted, the judgment and penalty re-
maining standing.
AU these modifications of the suspended sentence are out-
growths of the some princ^)le : the postponement of the execu-
> Kaarlo Igtutiiu, "Ne bedinste Tenirt«hing b En^Mtd" (ZStW. XXI,
7*0).
■ IfnatiMt, "Die juiutuche Natnr der badmgteu Verarteflunx" (ZStW.
xxin,uto}.
.OOglf
290 THE STRUGGLE AGAINST CBIHE [§26
tioD iA the sentence in tite hope that Uw ddiaquent wiD not
offend again in the future. It is assumed that for. weak
natures a threatening punishment is a more effective vanung
from a rel^we, the prospect of a reward in the Aape at the
remisskm of the penahy a stronger motive fac good bdiaviw,
than an absolved penal^.
The psydwlo^cal correctness c^ this soppootion cannot be
doubted. The convicted person knows that it d^>ezids on
his behavior whether he is to be a criminal who has already
served a sentence or a respectaUe man with a dear reccvd;
he knows that he can make good the recklessness ot a moment
by a blameless life, that if he fails in his good behavior, the
sentence will still have to be served.
A stronger motive for upright living than the reward ol a
remitted sentence cannot be easily imagined; if the man on
probation succeeds in rdiabOitating himself, the c(»iacioas-
ness that he has not been given up, that he has beat able by
hia own efforts to live down his t^ense, will bring with it the
conviction that he is able to overcome temptations; he has
won back his sdf-confidence, and, instead of a depraved crim-
inal, the State has gained a useful citizen.
Aft^ long hesitation, Germany has also introduced a modi-
fied form of the remission c^ penalties, conditional pardon.
Since January 1, 1903, the "Bundesrat" has been agreed on
the prindple of this measure, so that at least partial uni-
formity throughout Germany in administering it may be
brouf^t about.' Conditbnal pardon is to be ^iplied mainly,
though not exclusively, to juveniles who have not already
been convicted. The aeventj d the penalty is not to be
determinative for the applicalnlity of conditional pardon.
Of the greatest significance is the progress evidoiced in the
> KIm, "Die bedingte Begnadigiing fat dm devtidwa Burnt ■iImIiii"
{ZStW. XXIV, »).
J.,:,l,z<»i:,.,G00gIf
§26] SUSPENPED SENTENCE AND PROBATION 291
fact that ibe court that imposes the sentence is to have
a voice in the decision. Hitherto the decision has lain en-
tirely with the authorities that see to the carrying out of
the sentence. I purposely emphaoze the word "decision,"
for we can scarcely speiUc in seriousness of the Crown's
exerdsiDg the right to pardon.^ The report of the office
of the public prosecutor largely determines the decision. But
I cannot see why the office of the public prosecutor should
be better fitted to judge than the court that passes the sen-
tence. The present practice I consider to be indicative <^ a
transitional state, leadiog to the su^wnded sentence. If a
court is trusted to determine the just punishment for a crime,
taking fully into consideration the individually of the offender,
it should also be considered capable of determining in what
f»ses a postponemait of the punishment may be granted in
the hope of being able to remit the sentence altogether. It
is my conviction that the conditional sentence should be regu-
lated by the national laws and that we are fully justified in
demanding this.
According to the decision of the "Bundesrat," the period
of probation is to be shorter than the term required for the
lapsing of the penalty in conformity with the statute of lim-
itations. In general, it will be one year at least, in the case of
penalties that lapse after two years, and, in the case of those
that ]B)pae after more than two years, the ni'"'""'Tn probation
will be for two years. These periods are very short; at pres-
ent, good behavior for a year is sufficient to spare the convicted
person the execution (A the sentence. But the individual who
recidivates after only a year has passed, thus shows himself
to be so dangerous to public safety that a remisuon of the
punishment in his case would be out of place. Why should not
> GntT m Dohtm, "Zur SuUatik det bedingten BegnadigDnt" (USdir.
KiimP^di. 1, M).
. ,l,z<»i:,.,G00gIf
292 THE STRUGGLE AGAINST CRIME [§ 26
abundant use be made of soch a vahiable method of ccwrect-
ing and training a p^son, and his inner self-disdpline be pro-
moted as long as possible? In the case of mild offenses, I
believe that the punishment should be postponed for at least
two Tears, and where graver crimes are concerned, that the
sword of Damocles should hang above the offender's head
for not less than three years, a constant warning against
failure and a constant incentive to good behavior.
^ The less the crime indicates evil qualities in the offender's
character, the more certainly can we reckon cm success. Those
who will fail will thus show more deariy than under the pres-
ent procedure that the usual motives which ahoold prevail
crime are insuffident; other methods will have to be tried
with them. Lengthening the period oi probation will decrease
the number of those who have been able to stand the test as
long as the probational period was abort, but the result will
then be more valuable in aiding us to progress in the direction
of avoiding a punishment wherever something better can be
used.
Is conditional pardon really something better, then? Tiaa
cLUst still be regarded ss an open question, at least if we con-
sider statistics. The relation of the favorably concfatded,
to the unfavorably concluded, cases, in the course of the last
five years, has averaged 4:1. As the number of reddivists
during three and a half years, the time used as a period of
comparison by the statistical department, amounts only to
1S%, the result of the conditional pardcm appears at the first
glance to be quite unfavorable. And yet that is scarcely tfae
case. Conditional pardon does not apply to offraises that can
be met by a reprimand or a fine; this cuts out a number <d
comparatively harmless offenders, who are unlikely to teddi-
vate. Moreover, the statistics of reddivists aiq>Iy to both
juveniles and adults, those of conditional pardon onfy to
§26] SUSPENDED SENTENCE AND PBOBATION 293
juveniles.' And, finally, the nature of the offenses seems
to me to be dedsive. The tendency to reddivate we find to
be most frequent in the case of theft, which is the crime of
99.1% of all recidivists.' And theft is also the chief crime
of juveniles, who far surpass adults in it.
I am far from concluding that conditional pardon has al-
ready proved to be a success with us in Germany. Further
and more detailed statistics are required before that can be
decided. In any case, I believe it necessary, in many cases,
to supplement coaditional pardon with spedal state education
or protective supervisbn, which must certainly be seriously
considered for most <A these juveniles.' For instability, of
which crime is an eloquent proof, is certainly not corrected
by conditional pardon alone. This might sooner be the
case with adults, who have a better imderstanding of the
seriousness of the situation than have immature juveniles.
Parole or conditional liberation is based on the same
psychologica] pre-suppositions as the conditional or sus-
pended sentence. Section 23 of the Penal Code reads:
"Persons condemned to a longer penitentiaiy, or prison,
penalty may, when th^ have served three-quarters,
which' must not be less than one year, of thmr sentence,
if they have behaved well during this time, be released on
parole with their consent." The "Bundesrat" demanded
that there should also be proofs of improvement, but the
"Reichstag" struck out this condition. Nevertheless, by way
of ordinance, improvement has been made a condition of
release on parole, in Prussia at least. The prison director may
reconmiend such release only "if he is convinced that the pris-
> Or^f n ZtoAno, "Zur SUtiitik dei be^agben B«gn*Hiffmg ' (USdu.
KrimFaydi. 11, 8H}.
* Krimmmlrtstiitik tUr du hhx IMl, II, p. 24.
* FroKt KM LM. "Der MuKrfolg der bedingten B^nMUgnac" (ZStW.
XXV, 887).
:. Cookie
294 THE STRUGGLE AGAINST CRIME [$ 28
(Hter has in^noved and will not abme the opporhinity offend
him to begin a new, honest, and law-abiding life." I am the
last person to disapprove of this condition, whidt alone would
conform to the protecticHi of society that I demand, but it
aerau to me that in Prosua judgments are formed front
entirely different points of view from those current in most at
the other federated States. In the years between 1894-1895
and 100^1004 conditional release was recomm^ided only in
the case of 1706 of the Prussian convicts subject to the Mid-
istiy of tlie Interior. The recoomiendatitm of the adminis-
trations ot the penitentiaries was acted (Ht by the siQ)er-
visoiy board of justice in only 856 cases; that is. 0il6%
of the total number of 75,756 convicts! The fact that
their recommendations are so sddom cwnplied with, makas
the prison directors slow to advise the release on parole
of a prisons, as I know from my own ezpmenoe, and in
Biany cases where there is good reastm to believe that a man
might safely be released on pan^ no such reoMmacsidatioB
is made, because it is fairly sure to meet with refusaL It is
not difficult to prove how wrong this method of applying
such a promising measure is. In WUrttemberg, in the course
of 2S years, of the 11,846 prisoners in Ludwigsburg, not less
than lies? (=> 10.9%) were released on parole.' Thei»ivil^
had to be recalled in only 2,4% of the casea! This success must
be r^arded as especially remarkable, for Krauss * has rightly
drawn attention to the difficulty clumay police supervisicHi
puts in the w^ of the rehabilitatiott of the released c<Hivict.'
■ SAwmibur, "AiudaFMnaikrTwbuflgen EnthMmg" (MSdtE&na.
F«rcli. I. 864).
> KrauM, "Da Kunpfg^eD die VerbnclMnniMtdteii." IMS, p. Itt.
' O11I7 recently an iiutmctioD ol tbe Pnmiui Miniitfr ol the Tnfjrifw, «|
Uay 11. 1004, ahaiply imprened apoD the police snUioiities tint tfaey AonM
eKKue nqwrviaiai over panJed oonvicia in moA a wa/ that that "progrcM
■hmll^^lU^tlM■mt>TfpF>^^wHll^ll1J^l^*y^Vmli>^PF^i^^^pnilf^^^^lp^M^^^^»^J■lfy^■"
(26] SUSPENDED SENTENCE AND PROBATION 295
The low number of those who tuled shows that prison directors
wdl know how to m^e a proper selection. The decision as
regards the petition is in the hands of the Ministries of
Justice, to which prisoners in Bavaria and Wtlrttemberg
must apply if their requests to be released on parole are
refused.
That conditional rdease has an educational value that
extends far beyond the period of probation, is shown by
experiences in Southern Gennaoy. Investigations of the
later life of those conditionally released proved that only 11.4%
in Bavaria, 16.1% in WUtttemb^g, were convicted at any
subsequent time. Schwandner's * figures appear to be high,
n^ioi we consider that, within the first five years from the
time of the first convictions, only 15.6% had to be sentenced
again, according to the German criminal statistics. But this
refers to all those convicted, even of harmless offenses,
idiile Schwandner's figures include only reddivists over thirty
years of age who had been deprived of thdr dvil ri^ts,
thus only a group of dangerous criminals.
It is very regrettable that within the same country a national
law should be so variously treated in the way it is applied,
as is the case with conditional release in Prussia and in the
other States in the federation.* And yet there can scarcely
be any doubt as to what is the best method. I consider also
the saving in the cost of muntaining prisoners a great advan-
tage. In Wilrttemberg, Sichart * found that in thirteen years
108,016 marks had been saved in consequence of 782 paroles,
of which only 1 % resulted in failure. Hiis material advantage.
' Inc. eii. p. ses.
■ lo additioD to thii kbnndant nae ol i«leue oo puide, aentoicea are fi«-
quently -hnrti^^t by pardoa in WUrttemberg. Thii wm tfae cm^ ftoni 18M
to ISOS, with IM% of Uk penitentiary, 9.87% of the prison, cooTictal
* KXt Sidtart, "Die FreibeitMtivIe im Anklagwuiitand and ihicVwteidi-
gvift" 1»M^ p. W.
. ,l,z<,i:,.,G00^lf
296 THE STRUGGLE AGAINST CBIHB [§26
which ia oi great impoituice in view of the tremendous cost
of carrying out sentences, would not be worth menttoning
if other objections to the parole wdgbed against it. But thb
is not the case.
I have already spoken of what an incmtive to the convict
it is, to have the prospect of being able to shorten his senteDce
if he succeeds in gaining the confidence d his siq>ervi8or8.
He can do so only by industry and obedience. It speaks vdl
for the thorough and careful supervision and judgment cS the
prison officials in Southera Grermany, that, in ^te (rf the
abundant use of § 33, th^ have had so few failures. Hob
puts an end to the frequently expressed (qiinicm that by
hypocrisy and cant it is easy for a prisoner to deceare the
officials. A man whose pefychological knowledge meidy
suffices to maintain strict (Usdpline cannot, of course, be a
good judge of improvement. Experience teadMs ns that it
is just the worst elements in the institution, the regular
customers, who often behave best, and know most sorely
how to steer clear of the dangerous points in the r^ulatioos
of the institution, which threaten in all directions. The tmtit
that conditional release can be granted only to prisoners wfao
have served at least a year, prev^its the man who has any
knowledge of men — and evei? prison offidat should be sodt
a one — from b^ng deceived. If it is his duty to oonaider
in every case the possilulity of granting conditional rdeaae,
it will certainly increase the care with which he observes
every prisoner. And the latter once more feds himself to be
master of his fate; confronted fay a task at whidh be failed
when he committed his crime, he knows the prize which he
m^ win. How different must be his feelings then from those
when he is consdous, even during his worst behavior and
when he resists all attempts to htAp him <m to a better path,
that the day of his release will be the day <^ his rdi^Me, and
§ 27] ABOLITrON OF FJXMD TERMS 297
that, though all the officials must be aware of this, the gates
of the prison will opeo to him on the da,j fixed.
No blind confidence is reposed in the conditionally released
prisoner. His personal liberty is subject to a number of seri-
ous restrictions, he knows himself to be under constant super-
vision, and whenever thoughts of a new crime come into his
mind, the certfunty of his recall immediately recurs to him
as a warning. Here, too, I think we fail to take advantage of a
valuable means of combat, when we make the possibility of
recall extend only over the duration of the rest of the sentence,
except when the tatter is veiy long in any case. The situation
is, after all, this; that a released convict who has behaved
well for two years, for instance, will be very careful not to
fail in the third year, because he would then have to serve
the whole remainder of the sentence; he will beware of risking
the T^le tedious work of two years by a single reckless act.
The longer, then, we extend this right of recall, the easier will
it be, by means of this hard test, to separate the .actually
improved (lender from the socially dangerous one. The
shortest time that should be required seems to me to be three
years in the case of first convictions, five years where there
have been several former convictions.
g ST. Tb« Abolitiai of Fixed Temi of Pooiahment
If a su^eoD should have a patient sent him by another
doctor with the request to amputate the patient's 1^ at a cer-
tain place because of a dangerous tumor, the surgeon would
ignore the most elementary rules of medicine if be should
accede to the other's request without first convincing himself
of the necessity of the operation. The same course is required
of a prison official who is entrusted with the carrying out of a
prisoner's sentence, day in and day out. The court turns over
to him a prisoner with the definite instructions to keep him
298 THE 8TBUG6LE AGAINST CBIUB [§ 27
for so and so many yean. Broi if the mort careful observa-
tioD of the iitdividuality of the prisoner convinces the offitnal
that the judge has erred in the length of the penal^ imposed,
he has no right to interfere; thexe is no way — ezc^ paidoo
or couditicaial liberation — in which the sentence can be
shortened by even a day, and, of course, no way in whidi it
can be lengthened.
An offidal who is interested in those committed to his care
must soon lose this interest. Knowledge of drcomstances
influendng the deed, careful observation, long and intimate
conversations, have shown him that it is only a diain of mH
fortunate external drcumstances that has made a certain nun
a criminal. He is convinced that the moral attitode of the
unfortunate person is good, and that it is unnecessary tortore
to keep him longer in prison, that it may periiaps even mean
injuiy to his body and mind. But he can do nothii^ to h^
him, he cannot give the man who is once trapped his liberty
a day before the time set, he cannot return him to the family
he supports, cannot save the State the cost of carrying out a
sentence that has become unnecessary.
Stilt more painful for the thinking official must be the coa-
sdousness that he must set at liberty a man who does not
deserve it. If, occasionally, a lunatic who has been released
from an asylum as harmless turns out not to have been cured,
and commits a murder or a sexual crime, the press rises in a
mighty protest agunst the inefficiency of alienists. In many
cases it is really hardly possible to judge wheth^ an insane
person may become dangerous, whereas it can be propheaed
only too surely that certun discharged convicts are a menace
to public safety.
Most of the Prussian prisoners mentioned on page 802,
of when the officiab believe that th^ coold not r^nstate
themselves in law-abiding social life, have piobaUy beei act
§ 27] ABOUTZON OF FIXED TERMS 299
at liberty since the time of this decision. In spite of the
firm conviction that it is on^ a question of time till the dis-
chaif^ crinunal breaks into a house again, attacks his fellow-
men with a knife, or assaults our wives and children, the di-
rector must open the door of the prison for him punctually to
the minute. A dangoous dog must be k^t chuned; woe
to the owner who omits to see that this is done! But a far
more dangerous man is "set on mankind" with the State's
permission.
Before me lies the record of a man of forty who is at present
serving his e^th sentence, all of the sentences being imposed
for s^nial assaults on children under fourteen. His first
sentence of six months was in the year 1886, his last was in
June, 1901. Thus in fifteen years the same man has been
sentenced eight times for the same crime, the time he has
spent in prison amounting in all to nine years; often one
offense is separated from the next only by the time that
his detention in a penal institution made the conmiission of
another crime impossible. He will soon be discharged again.
What child will be the next victim of his dangerous instincts? ^
Another, a boy of sixteen, was sentenced, in 1897, on account
of bis youth, to only six months' imprisonment for attenqtted
rape. A year later he was sentenced ior a repetition of the
same crime to a year's imprisonment. Then follows a sentence
of three months for damage to properly, and, shortly after,
a sentence of two years' imprisonment for attempted rape and
indecent handling. Thus, within a period of less than five
yean, this fellow of barely twenty-one has served three years
and nine months in prison; in his case, too, there con scarcely
' I b&Te jaapoadj left tlie words of the fint cdhioii m tbe7 stood. On
tlte Ttfa of December, 1902, tbe convict wu TeteBsed. Fwa weeks lata
lie>mii]tedatlurt«eD-y««^IdgirIl (Ziemte, "DerSchutsderGcMlbclMft
vor den ventuadert ZuiwhrninprfMhigen ' ' (USchrKiimPijdL I, 4M).)
L ,;™:,G00glf
300 THE STRUGGLE AGAINST CBIHB [§27
be any doubt that he will shortly again ^^>esr before the
court after having once more attacked the sexual honor of a
diild or a woman. Another man was sentoiced in 1895 to
nine months for attempted rape, in 1898 to three months tot
assault and battery, and in 1898 agun to two years and
seven months in the penitentiary in accordance with § 176 T 3.
On Januaiy 24, 1901, he was discharged; on Jane 2 of the same
year he assaulted a diild of twdve, and was sentenced for
att«apting the crime of $ 176 V 3 and for insult to — four
DMMiths' imprisoomeDt!
Every chiM, eveiy woman, who falls a victim to sudi a man
is a crying accusation against the State that, in ord^ to main-
tain the phantom <^ "just retributioii" in respect to the law-
breaker, exposes the most precious possession of our women,
their sexual honor. I have purposely chosra exanq>les from
among sexual criminals, althou^ the same pheuHoeiwn of
immediate relapse is found equally among thieves and crim-
inals of violence. I should like to see the adherent of the thetny
of expiation to whom, if his own wife or his own child were
brought home to him ravished, the idea would not occur, that
it would be better permanently to confine a man whose cmi-
stantly repeated attempts at rape prove his incorrigibilily.
Must we try the untenableness of our present criminal proced-
ure on our own bodies before we can realize it? Are we struck
blind to what is d^ly before our eyes? There must be an
end made of conditions that guarantee the criminal bis return
to freedom where he will find the cq>portunity once more to
gain a few years more punishment, but whidi leave the peace-
ful citizen without protection !
The official Prusman statistics conclude their remarks <m the
I^obability of relapse with the words: "According to this,
all those inmates of our penal institutions who have served
three sentences, one of which was of at least six mooths'
§ 27] ABOLITION OF FIXED TERMS 301
duration, must be regarded as lost; at least it cannot be hoped
that th&r sojourn in the institution will agtun make them
useful members of society. Having established this tact,
tbe statistician must pause; the rest hea with the criminologist
and the l^pslator."
But how can the criminologist and the l^slator proceed
so as to do justice to both problems at once: to protect
society from these dangerous criminals, and to treat these
persona in such a way that the number of those who become
socially fit is increased?
To adi^ the penalty to the individuality of the offender,
and to cany this through to the final consequences; that is
our problem. And the abohtion of the fixed term of punish-
ment is its solution.
The fixed term of punishment becomes tmnecessaiy as soon
as deterrence, correction, and protection form the basis of
our criminal law. "We shall keep this tabular calculation of
the praially that is invoked by a crime, an offense, a misde-
meanor, as long as the old idea of revenge, rooted in the bar-
baric childhood of tbe human race, continues to dominate
our views of criminal justice. Just so long will the judge,
uninfluenced by the 'warm-hearted humani^' of a grand
and unified 'Weltanschauung,' continue to enter, opposite
the credit side of criminal action, bis debits in fines, disgrace,
corporal punishment, and imprisonment, that proper account
m^ be kq>t of the just order of this world; just so long will
the unfortunate individual who, on the impulse of the moment,
has yielded to the pressure of poverty and misery, collapse
under the burden of the sentence that deprives him, once for
all, of tbe best years of his life, to turn him out agun a broken,
joyless, and friendless man into the struggle tor existence;
just so long, finally, will the habitual criminal gleefully count
the days till the prison doors must open to let him out, only
L ,i,z<,i:,., Google
302 THE STRUGGLE AGAINST CBIME [§27
to remve him again aft^ his brief bat eventful enjoymoit
of his freedom. Smnmum jus summa injuria!"^
The idea of "mlHng a priaoner's ponishmmt depend on bis
behavior suggests itself so readily that we cannot be surprised
at finding, already in the eighteenth century, an advocate of
the "indeterminate sentence." * At that time the questirai,
what was to be done with the more harmless criminals, was
forced into the background by the problem cS dealing with
the incorrigibles. The fruit of Klein's endeavors was § 5 of
the criminal law section of tbe "Allgraoeines Landiedit":
"Thieves and other criminaU who nu^ become dangoous to
tbe community because of their corrupt t^ideocies, eveo
after th^ have served their sentences, shall not be rdeaaed
until th^ have proved that they are able to suf^xirt tbem-
^ves honestly." Also, in the order of the Fniaaan Calwnet
of F^niary 1, 1799, the same idea recurs: "I have noticed
that very many criminals, and, among them, even some erf
those who have been set free t^ my pardon, have immediately
again committed srane crime. For the most part this may
be due to the complete depravity of the criminal, and then
no other means remuns of protecting prcqierty from thievea
and robbers than to imprison the lattn for life." '
But just as this order recommends correction as a means d
[wevrating immediate relapse, just as it deares, that is, every-
thing to be tried "before the law can, with justice, ordun
this (life-long imprisonment)," so, too, did Klein and the
juristic faculty in Halle that supported him. It says in a
judgment of the year 1797; * "In order to provide the pris-
oner with motives for his improvement, his Itfe-ltmg im-
1 Knwpdbn, "Die khmi^thmg des StisfanuMA" P- 17.
■ •anlMal,"B.F. Klein nnd die tmbeatimnite Vemrtdltmg" ^tnbcdtt-
Ikbe AutHtie ond Voib«ge, II, 148).
* OotaJM, "Zweihimdert Jahre FUnixge." Berihi, 1006. p. 90.
< ■OH Liai, he. dL p. ISO,
. ,i,z<»i:,., Google
{ 27] ABOUnON OF EIXED TERMS 303
prisonmeut shsU be made dependent in its qiumti^ on his
future behavior."
The treasure that a few people thus tried to dig up still
lies buried to-day under a mass of regulations which take
everything into account except the psychological character
of the criminal. And yet how different, how much firmer,
harmonious, and — better — the administration of justice
would be under the influence of a criminal law that would not
blindly strike down the occasional crinunal and be weak with
the incorrigible. The effect of the indeterminate sentence
would be very different on both. The person who is convicted
for the first time, if the conditional sentence is not applicable
in his case, will enter prison with the honest desire for better-
ment. Remorse and bis own conscience have shaken hirn to
the depths; he has made the best resolutions. And now fi^
knows that he must win back his freedom himself, that he
must prove, under the new conditions under which he is forced
to live, that he is inwardly strong. He fights hard to win
his release, and he does win it; stiU for several years the pos-
sibility of his recall bangs over him as a sign of what he has
ovocome, as a warning for the future. And if he is not un-
faithful to his good resolutions, the State has one respectable
member more.
The careless, liappy-go-lucl^ individual, too. who now
serves his few months in comparative indifference, would have
the majesty of the law brou^t home to him in quite another
way. With the better psychol<^cal training of the prison
offidab, it must be possible to recognize the superficiality of
pretended remorse; the careless fellow too probably resolves
on improvement, but he does not really improve. With the
indeterminate sentence, the few months that he would have
to serve under the present law pass, and still no move b made
to release him. In slow monotony d^ follows day, oonstantly
I ,-<,::..C00^^lc
304 THE ffTRUGGLE AGAINST CBDfE [§27
urging him to introspectioii, brining home to him the fact
that only a change in himself can set him at liberty. The
eameatnesa of life breaks the wings of airy cardessnesa. When
he then finally arrives at discretion, and the gates of the prison
clo«e behind him, firmo' resolutions to behave wdl will accom-
pany him. The recall threatens him, too, and he knows that
it is no empty threat; he has learnt the full meaning <^ pun-
ishment and fears it. In his case we shall perii^is accomplish
no more than this, no real betterment, but evoi this goaraatees
public peace better than is done at present.
And finally, the incorrigible criminal, is be to-q>end his
life entirely without hope, bdund prison walls? If the pro-
tection o( society u not possiUe in any other way, then,
certainly. After all, our present legal order too imiHisans
men for life, some lA whom, as tbdr behavior when pardtuied
shows, are quite harmless. No one hesitates to demand that
a dangeroos lunatic should be confined tor life. Why not the
criminal also? I know a convict, irtio has latdy gone insane,
who served seven years at cme time, dght years at anoth^,
in the penitentiaiy for rape, with only a short interval betwem
the two sentences. Set at libaiy, within a few we^s, he
assaulted two women ui snccesfove days, and was again
sent^tced to fifteen years in the penitentiary for r^>e. The
only difference between permanent imprisonment and the
present practice is, that now the State gives such a man just
so much time as he needs to earn his punishment again, that
the State now requires the health and hon<» of Beva«l
blameless young girls to be sacrificed before it fee^ justified
in taking wbat is the most natural course in the worid.
I even dare to utto- a hope that apparently ocmtzadicts
the bdicf I have expressed in the incorrigibility <^ mai^
criminals. I believe that such a penal system would periii^is
save many a man who is now sore to be ruined. As I have
§ 27] ABOLITION OF FIXED TEEMS 305
already emphasized a number of times, I do not believe that i
incorrigibility is the result of innate criminal tendencies, but /
of the inabili^, due m many cases to defects of mind and
education, to live under the present aoaal conditions without
trespassing on the legal spheres of others. Why, then, should
not uniemittjng care succeed in InnHlJng a spark of decency
in the man who is f^ven up as lost, and why should it be im-
possible to educate him slowly and painstaUngly, after all?
At present this is most difficult, because the criminal knows
when his punishment will come to an end; -but when once his
release depends upon himself, the consciousness of this fact
will periiaps awaken in him the desire to improve, which it
will then be possitde to cultivate and tnun by purposeful care
and years oi disdpline. But if all efforts to transform him
fail, there is no alternative, absolutely none, to isolation
from sode^.
But who b to delude when the moment has come for release
or permanent confinement? "The practical carrying out of
the separation of offenders into occasional, habitual, and incor-
rigible criminals,*' contended Frank,^ "b opposed by the fact,
that the dedsios cannot rest with the judge, but must be left
to the prison officials. Such a consequence, however, — in
other words, the admission of the indeterminate judgment —
will not be acceptable for the next few centuries, because at
present we lack the possibility of looking into a man's heart,
and because the offidals entrusted with the execution of sen-
tences have not the confidence of the people, which is an in-
dispensable condition of any interference with human liberty."
Both objections are justified, but — only under the rule
<rf the present criminal law. Under a future system the
judge would not be only a connecting link between the
■ (Hitt der L E. V. VI, S77.} I tliink 1 un not wraBg in aMiimmg that
Fnnk DO longw ao pooitively rejecti thLi ide*.
.Cooc^lc
306 THE STRUGGLE AOAINETT CBIHE [( 27
egamiiupg magistrate and the prison official, vonld Dot
merely establish the questioii of guilt. In contrast to his
present activity, he would, in fact, have most difficidt
duties. By deep» ccHuideration of the ertemal caoses cl
a crime and fiim psychological analysis of the crinunal'a
individuality, he would have to decide in what cases so^ms-
sion of the penalty nught be tried. He would have to deter-
mine under what conditions indemnification must be made,
and to see to it that justice is- done to the injured person.
He would have to sdect those for whom treatmott and
education offear more prospect of improvement than does
This is already done with juveniles to-d^ and, to some
extmt, with the insane. But with these, the number of pei^
scms is by no means exhausted, for whom priscm laom is ea
as little success as rational treatment promises great; above
all, it is the drunkards and partially reqioostMe persons who
must be more intelligently provided for.
The criminal judge, who is confronted by the problem ol
malHiig a psycholo^cal report of the offender, finds this a
QKoe valuable and stimulating <^portnnity to show and de-
velop his abilities than the present situation, iritereui he is
compelled to almost mechanical activity in judging beggars
and vagabonds, ruffians and thieves, and wherein little ia
demanded of his intdlect exc^t in the case ot fine diffexences
between fraud and embezslem^it, and such like, — unless,
indeed, even then the Suiw^ne Court ("Beidisgoidit")
relieves him of the necessity for thou^t. Moreover, the
activity tA the judge will not stop with deliv«ing over to the
prison officials an offender for whom he believes a serious
warning and thorough education to be necessary. He wiU
be partly responsible for such a delinquent's further career.
The training of our judges will, in the future and this
§27] ABOLITION OF FIXED TEBMS 307
can be safely prophesied to-day, include temporaty service
ID penal iDstitutions/ Even vith our present laws it is a cry-
ing disgrace that the judge imposes penalties the significance '
of whidi he is quite unable to grasp. Of course, a few visits
to some prison will not suffice, nor the demonstration and
examination of a few particularly grave crimes. It would be
tdmost worse than the present state of affairs if the belief
should be aroused that it is possible in this superfidal way to
penetrate into the methods and effect of the carrying out
oi the sentence, to penetrate, above all, into the depths of a
human soul. No, the future judge will have to do hia share of
the practical work, will have to study the prisoners, in detail,
leam to know them well enough to report whether a certain
offender is to be conditionally released, whether he is worthy
of confidence, whether be has failed to improve.
In addition, the judge will have to supervise the otecution
of the sentence he has imposed and to aid in deciding what is
to be done with the prisoner. This is already done in Baden
and WUrttemberg. In WUrttemberg the prison boards
indude high officials in the departments of justice, adminis-
tration, medicine, both Protestant and Catholic clergymen,
and even members of mercantile houses; in Baden the en-
larged conference of officials has at its head a director or
coun<nllor of the superior court, besides several citizens as
members. Through the co-operation of the judge and several
laymen, preferably those who are at the same time the repre-
sentatives of provident societies (compare page 237), the
danger which, experience has shown, threatens most adminis-
trative boards, the feeling of superiority, would best be
avoided. "We prison officials easily develop into autocrats
and infallible persons," says Krohne.
1 mm Jat«mttnn, "Bedeutung der GeflmgntdriiTkimde fOr die Stntr«dit»
yOtge" (B^chrKiinilyrch. I. 877).
. ,l,z<»i:,.,G00gIf
308 THE STRUGGLE AGAINST CRIME [§ 27
In 1807 the annual meeting of the InteinatkMial Union
<rf Criminal Law passed the following resolutions, written hy
Seuffert and Kiobne:
1. Inwderto ensure the rational carT3>ing out of smtences,
the supervisory prison boards must ajqxmit suitable persons
to take part regula^ in the conferences of the head atScaa
in the larj^ prisons and penal institutioos. These penons
must include members of the provident organs.
2. Women as weU as men must be appointed tot the
women's prisons.
3. The persons thus ai^winted shaD have the ri^ to visit
priaonos without witnesses being present.
4. They shall, especially, be consulted in regard to internq>-
tion of sentences, conditional release, and pardon.
In Prussia, it is true, the aid c^ persons who are not ouh
nected with the execution tA the sentence is possible only in •
slight d^iee. In spite of the warm advocacy ot fCm^nrt^
who promises the confidential agemts of provident societies
that th^ shall be helped in every possible w^, and recog-
nizes their right "to go from cell to cell and spea3L pri-
vately with the prisoners," these persons are not able at
presNit to do much. Iheir efforts fail because, as ITrrthTip
admits, prison offituals have a "strong aversion" to this new
institution.'
This pasdve rerastance must be r^noved, and tlus will be
the more easily possible, the more important the duty ctf exe-
cuting the sentence becomes.
The far-reaching plans for the abolition of fixed sentences
must lead to a further elaboration of the resolutitois of the
IntemationB] Union of Criminal Law. The co-opeiation of
public prosecutors, of the courts, and of the administrative
■ vmi BoUaR, "Einif^ widiti«a« ProUenM da EntU— ifBiwui''
(MSchtKrimFlTdt. 11, 191).
_.,i,zt!dbvGoogIe
S 27] ABOLITION OF FIXED TEBMS 309
boards, mast be more extenuvely assured, a co-operation, of
oourae, that is not limited to participation in conferences.
Hie principal wwk. It b true, will and must fall to iht offi-
da) entrusted vith executing the sentence. He can do justice
to his task only if he has a thorough and all-round preliminary
educatJOQ. Wulffeo' does not oonader any man fitted for
penal institution service who has not " been through the mill
of public prosecutorship and court practice," and even such
a one must not be "only a jurist, which is equival^it to a
formalist." I consider it questionable whether good institu-
tional t&ectors can be drawn from juristic circles alone.
But I fully subscribe to his further words: "EducatioD,
p<Qrchol(^y, and sjrmpathy, these are the three intensified
demands that we must make of penal measures in the future.
With military discipline, bureaucratic formalism, and knowl-
edge of a trade alone, nothing is won." Only "really peda-
gogically talented peraons are suited for penal institution
service." The very best officials are only just good enough
for the realization of the poudty. Let me once more draw
attention to Krohne's words: "Ev^i if you have the best law,
the best judge, the best sentenoe, and the] prison official is
not efficient, you mi^t as well throw the statute into the
waste basket and bum the sentence!"
The abolition of fixed terms of punishment, the conditional
release, — all hope for greater public security stands and falls
with the methods by which the sentence is carried out. Where
the prisoner can be ^ectively prepared for a better future,
that is the place to apply the lever.
' Wa^tn, "Befonabcfltidnmgcn kuf dem Gebiete dei StntnUwagi,"
Dmiai.lMS.
^laiiizodbvGoogle
310 THE STBUGGLE AGAINST CRIME [§ 28
§ S8. TIm TiMtHaut of JnToiilM ud FtrtuUj
Katpomihlfi F«noiu
Und» our present laws the first crimiiui act bringB the
unfortuiuite creatuie who commits it, if he has completed his
twelfth year, b^ore the bar of justice. In judging of the
injuiy done by public trials, we shall do wdl to distingmsh
between two groups of criminal childrm: those i^ oouM not
withstand a particularly tenqiting opportunity, inwardly un-
spoiled; and those who, having grown up in a criminal en-
vinHuneaat. oo{n^>t from their earliest youth, know <hi^ the
fear of punishment, of the police, but not the dread cl doing
wnog. For a diild of the first gro<q> a trial is a stigma that
it will have to bear even if acquitted, the detrimrattal inqires-
non of which will be the greater, the dkmv unspoiled the diild
is. And not only the diild suffers, but his family, idiicii is
often very little to blame. At sduxJ the child is deqo^sed
by his mates, watched with suspidon by the teatjicn; pei^
fectly ennisable faults are regarded as rigns td criminal
tendencies. A sensitive nature may be ruined by the wdf^
of this pressure. In the case of such a child — it need scarcely
be said — a trial is the less necessary, because his diaiacter
can be far better strengthened throu^ educational measures.
It is very different with the other group d children, found
particularly in large cities, who grow up uncwitndkd and
selfish. For them the first court trial means the first st^
towards independence. In qiite of his mental and physical
immaturity, the child feeb himseU to be grown iqi from then
on, for he has been treated as an adult by the court. He has
been the hoo of an act of whitdt the State has takm notice,
and with a feding of self-importance he waits tor the news-
paper reports of the trial. This feding of having played a
part in public life is not restricted to the child himadf . His
comrades regard him with a certain respect, — vaiyii^ in
, ...... C.ooqIc
§ 28] TREATMENT OF JUVENILES 311
degree, it is tnie. His particular chums admiie Mm. But
it would be a mistaJie in child-psychology to believe that his
example onjy frightens and repels still innocent children. A
child's imagination is excited by everything unusual; there
is an air of something exceptional about the youthful of-
fender, even to the most unspoiled boy, and his feeling of
contempt is tinged with respect for the indc^iendence of his
"grown-up" comrade.
The damage that the presence of such a child in a school
does is beyond estimation. And even if, after a public trial,
the child, acquitted, is not sent ttadc to school, but is made
the subject of corrective education, his name, his act, and his
behavior at the trial, will long remun the theme of conver-
sation among his school-fellows. The effect of this may be
that, where the soQ is fruitful, it makes the first breach in not
yet firmly founded moral views.
The compulsory school age mds at fourteen; until then
the child needs school training. After that no one thinks of
regarding a hoy as mentally and physically mature because
he has left school, because his social independence is b^inning.
Why is not the criminal child left to the discipline of the
school, at least up to this age limit? And if this discipline
fails, if consideration for the other pupils makes the criminal
child's removal from them necessary, why cannot he inmiedi-
ately become the subject of special State education, without
first going through a public trial or, worse, a prison sentenceP
Punishment is a two-edged sword. As long as it menaces
the evil-doer from afar, it may perhaps deter, but as soon as
he has become acquunted with it, its effect is dulled; the sec-
ond punishment is much less feared than the first. This ap-
pears only too deariy in the statistics of adult reddivists;
how nuidi more must the threat of punishment lose its
efficat? if a person has already become acquunted with it in
I _ . Google
312 THE STBUGGLE AGAINST CRIME {(28
Ids yooth, if h bdongs to the childhood mem(»ies of Uk
growing boy or girl.
Aa far as possible, juvoiiles serving sentences sbould be
separated from older criminals. This separatkm is not ahrajs
feasible. Moreover, association with more e^Mncnced com-
pankms of the same age (rftoi suffices to stnu^ every vestige
of decency, remwae, good reacJutions. Thus, I found little
girls in whom menstniatioo had not yet begun who wese
astonistungly well informed about all kinds of perverted sexual
practices. They had been taught by a precocious and eaity
oomq>t companion of the same age, in prison. Bigid oif Mce-
ment of sectary oonfinemmt might perhaps have prev«ited
this, but during detention, iriiile awaiting trial, and in the
smaU district jails, there Is ample opportunity for the sowing
of such seed, however careful mi^ be the method of ooofine-
ment after conviction.
Von liszt ^ thus sums up the oonduaion we most draw
from such a state of affairs: "If a child conimita a crime,
and we let him alone, the probability that he will commit
another crime is not ao great as when we punish him." We
should not punish him, but neither should we let him alone.
The law for special State education empowers us at pres-
ent, after the execution of the sentence, to prevent the om-
tinuance of a criminal mode of life by seeking to make up
the deficiencies in the child's former education and train-
ing. Now, what part does a few months* imprisonment piaj
in the life of a twelve or thirteen year old offoider, in com-
parison to the spedal educatioa that is continued up to his
twentieth year? In case of acquittal on account of lack <^
comprehension, the law allows special education to be b^un
even earlier. Why, then, the comedy of a public trial? Only,
■ MM Litjt. "Die KrimiiwlHlit'dCT Jogendliclia" 0tntndiUidie Airf-
MtM ond VortAge. n, SS»).
§ 28] TREATMENT OP JUVENILES 313
perhaps, to establish the fact that the child did understand
the consequences of its act, after all? This does not seem to me
Torth while, as long as it is still possible to prove the child's
comprehension even after he has been in a school for the
f edile-minded ! This could certainly be settled in the pre-
liminary examination, in order to put an end to the disgrace
of having children pl^ a public part in our courtrooms.
A child does not belong before the criminal judge, nor in
prison. The whole question should resolve itself into this : vp
to what age is special education to be applied, instead of the
criminal law? The International Union of Criminal Law '
has detnded in favor of the fourteenth year as the age at which
punishment should be admissible, rejecting the original pro-
posals made by Krohne, von IJszt, and Appelius, that the
sixteenth year should be adopted, a measure that was also
supported by one-third of the prison directors invited to rqwrt
on this question.
Before the child has left school he cannot, ot course, be
treated aa an adult; he must be treated as a child. Hence
the fourteenth year is the very lowest that could be set. At
that age the growing individual enters upon the years of
adolescence, the years when "inward stability is lacking,"*
which must not be measured by the adult standard. To bring
these peculiar conditions of the age of puberty into harmony
with the criminal laws, requires far more time than the judge
can devote to the individual case. But if he could, instead of
impoung the short sentence that the law prescribes, he would
dbiost alw^B declare long tnuning and education to be neces-
sary. There we also exceptions, cases in which it is so dear
that the offense is merely a bit of mischief, that the mildest
< Mittdliiiigen der I. E. V. m, S27.
* ili(fM(Cn>M«r,''EntwMUung>}ahTetindG«Mtigebuiig,"Gdttiii(ak,lBO^
W. Ft. KlUtner. p. 7.
.OOglf
314 THE STBUGGLE AGAINST CRIME [$ 28
treatmeDt b appropriate. Official reoogmtkHi <rf sw^ a pos-
abilit? has found expreauoD in "conditioDal paidon." In
general, only juveniles convicted for the first time, whose
penal^ would not exceed six months' imprisonment, can be so
pardoned. Thoae who are more dangerous are threatoied
with special State training after their sentences, obvionsir
because, in most cases, the sentence is not conddered soffi-
dent. Thus, it only remains to be desired that the treatment
of juvenile law-breakers should be legally and uniformly
r^ulated. The programme might be briefly summed iq>
thus: neglected childr^i require compulsory or special State
education even when they have not offended agunst the
criminal laws. Criminal prosecution is admisdble only
after the sixteenth year has been completed; trials are oat
to be public. Instead of a penalty being imposed, a juve-
nile may alw^s be required to undergo spedal State edu-
cation. Where mild offenses are concerned, the sentuice
is to be suspended till the conq>letion of the twcm^-fiist
year, and thai remitted if the offender's behavior has beea
good. If those ccHiditionaUy sentenced offend a second time,
special State education is to be prescribed. In general, the
programme agrees with that of the International Union of
Criminal Law, except that I should like to see it in its original
form, and not as finally accq>ted, prindpally because the treat-
ment there provided for thoae between fourtem and axteot
is psychologically more correct than that recommended in
the final resolutions.
Of particular importance, it seems to me, is the treatmeat
of those persons who stand nudway betwe^i mental health
and mental disease, for whom it is rightly dananded the t«rm
"partially re^wnsible" * should be used. Our criminal law,
' Compare, in tliis ctamection, 1117 explamtioiu in Bodi^t " PfTuflnn* dcr
g«ridiUicben IVcbiatiie," p. 84; mw LUO, "SchnU dcr Godbdiaft ge^
§28] TBEATMENT OF JUVENILES 315
in contrast to that of former German States and many foreign
countries, does not recognize this condition. But gradually
the conviction has gained ground that, besides insane persons
and normal persons, there are numerous individuals who
cannot be judged by the same standards as these others.
A law recognizing partial responsibility was rejected by the
"Reichstag." on the ground that the term "extenuating cir-
cumstances" could be made to cover all the cases to which
the measure under discussion would apply.
I will not stop to point out that the term "extenuating cir-
cumstances" does not exist where the most serious crimes are
concerned, nor dwell on the fact that the judge takes the
place of the man who would be most competent to judge of
mental conditions that are so difficult to recognize, the
physician; it is enough to emphasize here that the effect
of "extenuating circumstance" is exactly opposite to that
demanded by a rational policy towards criminals. According
to our present laws, the partially responsible person receives
a milder, that is, a shorter sentence. This may knock aw^
the last moral support that he has. The consciousness of
getting off with a light sentence decreases his fear of punish-
ment, which may have been the only motive that restrained
him from criminal acts. But even if he does not regard the
ipiMtHHM of the judgment as a sort of license for his acts,
yet the fact remains, that the short sentence is useless. I
have often heard such p^cho-pathological persons, consdoua
<rf their social uselessness, ask for long sentences, in the —
gmndiisdlthTlu^GeiiteakraiikeimdveniundertZuT«chnungifXhige"(HScIir.
ErimF^ch. I, 8); Hitler, "Die Behaiullimg der Tcnnindert ZurcchnungB-
fmugen im VoreDtwnif xu eimem ichwnmiacbcn Strafgeaetcbnch" (HSchr.
KrimlHydi. I, 77); Blttdtr, "Zur Behandlung 'der GemeingetKhriicber"
(MScbrKrimPiych. I, H}i Hotgd, "Dm BelundluDg d«r Mlndenrertigen"
(MSchrKrimlSTcIi. I, 3SS); KTtupdin, "Zui Fnge dn lemiiidert Zundt-
nungAhigeit" (MSdtiErim^ych. I, 478).
. ,i,z<,i:.., Google
316 THE STRUGGLE AGAINST CRIME [§ 2S
perfai^M vaiD — hope that thdr feeble energy mi^t be
strengthened, and certunly with the tnte aatae that a sbnt
sentence would have no endonng effect on them.
How much more advisable ia the piopoeal to make the pon-
ishment of such persons, not shorter, but different, in qoali^.
This de^red change in the punishment would have to be
adapted to the peculiarity of every person, sometimes beang
tbenq>eutic, sometimes educational, in character, under some
(arcumstaoces leading to removal &om society, and confine-
ment in a suitable institution.
"La responsabilit^ pn^rartioneDe n'est toatrfois acceptable
que sous la liaexve tonadle d'une sorte de p&ultt£ spteiale,''
wrote L^raod dn Saulle ' as long ago as 1874. And, really,
the nuun point tA the whole question lies here. Le^ recogni-
tioD of partial responsibilily is only desirable it acccmpanied
by changes in the punishments imposed. What kind of danges
these should be, is dear from the foregoing. Some of these
persons belong in institutions for ^ileptics, some in insane
asylums. Most irf tbem belong in what would be an inter-
mediate institution between the workhouse and the insane
asylum. In any case, their treatment requires the services
of phyracians.
In these institutions bdcmg, also, most of the vagrants,
among wtuch the phyncally and nwntally normal are in the
minority. Of what use are the present short s^ktences, which
sometimes mount up to a hundred and more, or evm the
temporary sojourns in a workhouse? Of none whatever.
Experience teaches us that many inmates of w(»khonses are
industrious and useful laborers, who by their own work cover
the cost of their muntenance to the State dther partially tx
oitirely. Why should not such people be permanently de-
■ "TraiU de mMfirme Ugale «t de juriqinKlace mUinIt;" Fmw. IHTt.
A. Dckliare, p. 799.
D,a,l,zt!dbvG00gIf
§ 29] CONCLUSION 317
tuned in suitable institutions, instead of bring turned out
into tbe road at the end of a short time? Such a measuie Is
not as cruel as it seems. The intervals between imprisonment
and detention in a workhouse are generally very short, and
many persons do not feel at all unhappy under the systematic
i^ime of the workhouse.
In this way, too, the number of cases of vagrancy, etc.,
idiich at present require so much of the judge's attention,
would be greatly diminished, and thus more time would be
gained for the thorough investigation of graver dimes.
Tho-e still remain a few words to be sud in r^ard to dnink-
ards. Some years ago a drunkard was committed to an insane
asylum on account of a fit of delirium tremens which passed
in a few days. The man was physically sound, but a dissolute
drunkard, who, as the records showed, ill-treated his wife and
children disgracefully, fought with his neighbors and passers-
by, attacked the police, etc. But he was not insane in the
legal aenae and had to be released. This was the decision of
the Ministry, whose special judgment was obtained.
This case is typical of the legal conditions that rule at the
present d^, and shows what should and must be. In such
cases the court must intervene and commit the man to a hos-
pital for inebriates or, if he proves to be incurable, to a pei^
manent institution for alcoholics. To all individuab, from
the lunatic to the normal delinquent, the same formula ap-
plies: ad^tation of social repression to the individuality
of tbe transgressor.
§28. Conelnsion
The adaptation of social repression to tbe individually
of tbe delinquent, leads unavoidably to the indeterminate
sentence. The need of a more efficacious defense against the
dangerous habitual crinunal, must, as was mentioned on page
..Coo^^lc
318 THE STRUGGLE AGAINST CRDfE [$ 29
SM, make impruonmoit appea to be the best of the poaaSile
ways. Again and a^^ain voicea have beoi raised advocatiBg
the indetenninate sentence as the remedy. In 1880, £ne-
pelin ' once more gave due agnificance to the proUeso,
when, in lexically carrying out the theory of correction aad
oitiiely rejecting the theory of retributioD, wliidi had be-
come ontenable, he demanded the aboIitioD of the fixed torn
of punishmoit. Except for a few, generally unfavoraUe.
remarks, his demand was at first deliba^tdy passed over
in silence. But not for long. The idea was too somid, the
soO too fertile, for a reform, the wdght of opinicm that de-
manded reform too heavy, the value of the scientific mA of
the new school too great.
In view of the di£Sculty with which practical ideas pene-
trate into chiefly theoretical scioices, and of the centniy-kiog
stability ot the notions in regard to the nature of crime and
the manner of combating it, the progress made ^peais,
indeed, astonishingly great. This is, of course, not equally
true of all countries. Besides the corrective after-detentitm
of b^gais and tramps, and the conditicmal release, we in
Germany have achieved only the conditional pardon, and that
cmly in a limited application. But just in this illostistioa
the triumphant power of the new ideas can best be demon-
strated. In 1890 the "Justizministerialblatt fUr die preus-
sist^e Geaetzgebung und Bechtspfl^e"* published "The
Beports of the Presidents of the Supreme Courts and the
Reports of the Fubhc Prosecutors on the so-called condition^
sentence." Of the thirteen reports, twelve woe against its
introduction, and even in the case of its amplication to juvoiile
criminals, only a nunority was in favor of it. A few yean
later thousands enjoyed the blessing of condititHial pardcui,
* Kratpdin. "Die AtaduOmig drs SUafnuHM," 18801
* laeO; LO. No. M.
. ,l,z<»i:,.,G00gIf
§ 29] CONCLUSION 319
whidi we are justified in r^arding as a preliminary stage of
the cfHiditional sentence.
And in 1904 a public prosecutor, Greffrath, was able, witli
the general consent of expert opinion, to demand protective
detention for an indefinite time, and the meeting of the prison
socie^ of Saxony and Anhalt, acting on the proposal of the
pnblic prosecutors von Frittwitz and Gaffron, declared the in-
troduction of protective detention to be absolutely necessary.
Wbat with us is still a cherished wish, in other countries
has been more or less realized or will be so. The regulations
of the draft of the Swiss criminal code agtaty a break with the
past. They provide that, instead of receiving a prison sen-
tence, a dangeious recidivist may be committed to a special
institution; his detention there to be for at least ten, and not
more than twenty, years, at the discretion of the court, *' if
the court is convinced that the ddinquent, after serving a
prison sentence, would reliq>8e into crime, and if it considers
his detention necessary" (Arts. 29 and 30). In the case of
partially responsible persons, the judge has the right to di-
minish the penalty, according to his own judgment, but he
has also the right to conuuit the person to an institution
(Arts. 16 and 17). Most important of all, however, is Art. S5.
The court can commit to a hospital for inebriates the habitual
dnmkard who has been acquitted on account of irresponsi-
bili^, as well as the condemned habitual drunkard. Here we
see clearly the demand for practical treatment, even where a
penalty is provided as well.
On July S, 1904, a bill passed its second reading in the Eng-
lish House of Commons, providing lengthy detention and
special treatment for any criminal who can be sentenced to
penal servitude and who has already been three times txm-
victed of indictable offenses.
noaDy, in Norway protective detention is already an
320 THE STRDGGLB AGAINST CBIHS {§ 29
accomplished fact. Section 60 iA the general Penal Code of
May 22, 1902, provides that, whoi a criminal is particular^
dangerous, he m^ be detuned in prison for a period not
exceeding fifteen years.'
Even in Norway, however, the princqjle has not been car-
ried to its final consequence, the abolition of the fixed term,
even in the case of the most dangerous criminals. But the
break with the methods of treatment that have obtained
hitherto is unmistakable. We may confid«itly await the
further development i^ criminal law. "In sdence, as in Hie,
the ccHiaervative man advocates ideas to-di(y iriiich a few
years ago were advocated only by the IxJdest td the radicals." *
If our views are right, thdr triumph is assured. One pcunt
scarcely needs further proof: the adaptation of the social
reaction to the individually of the law-breaker does not lead
to a weakening, but rather to a strengthening, of State au-
thori^. What could increase our ctaisciousness of the power
of the State's organisation more than the feeling of bdng i»o-
tected from the attacks of those who will not or cannot sob-
mit to the legal order? Our re^)ect for the State's aothcmty
must grow i^en we see it pursuing such a purposeful polity
> PuagKph SS: "If Mir p«non ia gaSty <A aevtttl BceoupGihed or at-
temptedCTJmea tor'wlik^ poultiea are provided in aeclamsIlS, IW; lASdave
n, in. I. n, m, lU, ISS, ISO, ISl (offeoMs agaiiut poblk Mfety). aetAma
174. ITS (cotmteifeitiiig moDey), aectiooB tSl. IM, 198. IM-IM^ 200-404
(■eiusl ctimM). lectkm SIT (lediicUon ol miiKu*}, tectiam XU, KT (kiAi^>-
ping), •ectioiH SSO, S31, eSS, eu U (crimes a^iiut the pcnon). aecboa SSI
(gnod Urcefiy). nctioiii SM-S88 (eihntieD and robbdy), aectioa SOS {d-
fesaea aguuat property), the court caD decide to lay bdon tlie jmy tbe
quesUon whether, in view of tbe natoie of the Crimea, tbeir motiTea, or the
attitude of mind that tfaey indicate in the owunal, he ia to be i^arded aa
particularly dangeroiu to society or to tbe life, health, or ptotptaity of itt-
diTidualt. If thii quealiMi be affirmed, judgment can be ^ren that the
GOQvkt ia to be detained in priaoo aa long aa it is oonBdered neccMSfy. the
term, however, not to exceed three times the fixed poialtf , and in no tue
to exceed fifteen yean more than the fixed term."
> Ftrri, loe. eii. p. 489.
3,a,l,zt!dbvG00gIf
§ 291 CONCLUSION 321
towards the criminal that it does not even stop at the most
difficult step, his pennanent rranoval from sode^, when
necessary.
The indeterminate sentence, and particularly the imprison-
ment for life, of a criminal whose offenses are comparatively
harmless, have been decried as senseless crtiel^, and the
mercy shown to the occasional criminal as pure sentimentality
— in both cases entirely without justification. Why should
a person be made to feel the wdght of a penalty when a warn-
ing suffices for him, why pimish a man who is ready to make
good the injury he has done to on individual or sode^. why
imprison a person who is deeply and truly remorseful?
And, on the other hand, is not the peaceful citizen entitled
to protection and securi^?
The means hitherto employed in combating criminally
have proved to be ineffective. Hence, no one can be blind
to the necessity for tar-reaching reforms except tho^ who
cting narrow-mindedly to the antiquated and admittedly in-
adequate methods that have proved unsuccessful. The
facta shown by impartial criminal statistics cannot be denied.
The system of criminal law that has been forced and squeezed
into sections must also bow to the advance of ^scienc e. We
cannot hope that the new life which we hope to breathe
into the rigid and benumbed forms will immediately lead to a
sudden and complete reformation, but we may and do expect
that its gradual growth will produce better fruit.
Socie^ is rraponsible to the criminal, because some of the
causes of crime are inherent in it; it cannot escape the du^
of tracing out these causes, and eradicating them where that
is posfflble. The criminal however is responsible to sodety,
because he lives in it and because his criminal activity in-
jures its primary conditions of life. Hence he must submit
to sodely's oppoung him with all the means in its power.
I ,.,,:-C00glf
322 THE STRUGGLE AGAINST CBIME [§ 29
We have reached the point where the i^quuroitty firm
foundfttious of crimiiial law appear to qoake, where « new
structure is to be erected, the stones of whidt have not ytt
beoa tried, a part of the material of whit^ has stfll to be fomuL
But tluB cannot now or ever be done in the study, nor by Dwans
of theoreticBl abstractions. Only dispassionate ccmaidoatkHi
that views impartially the phenomena whidi we call crimea,
■niaA observes first and then concludes, — in a vtad, oniy the
natural scientific method, — can smooth the way that leads
to a knowledge of crime and of criminals. Not nntO then wiD
a sure f oimdatiiHi be laid for the i»OQd slnwtur e of l^al
aecuri^.
^laiiizodbvGoogle
INDEX
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^laiiizodbvGoogle
INDEX
[BxrassHaca abd to Paoh]
Abolition of prostituta, 98, 09.
AbortioiL cnminal, 9, 31, 63, 158.
Acquittals, 8.
AdultenUon of food, S5.
Age and eriminality, 139-157.
Agricultund Ufaofen, 118, 147.
AS»a^l33.
Alcohol, 44, 45, 46, 69, 1 19, 22S-230.
AnonudW, 125, 171-178, 198-201.
Apoplecy, 126.
Aimy and navy, criminality in, 84.
Anon, 64, 146.
Artcna,127.
Aschrott, 284.
Anault and battery, 27, 32, 43, 44,
45, S6, 63, 66, 77, 78, 8S-8S, 105,
119, 144, 149, 159, 225.
Atavism, 198, 109.
AuBUia, 32, 33, 34, 39, 57, 100.
Baden, 76.
Baer, 72, 73, 74, 175, 176, 178, 179,
193,200.
Bankruptcy, 63, 65, 117, 118.
Baumg&rten, 93.
Bavana,34.
Bebel, 92, 94, 118.
Beer, consumption of, 119.
L 162, 247.
B«rg, Hennami, 113, 116.
B^Cn, 34, 128, 191.
Beurle, 39. SO.
Birkmeyer, 254, 255, 256.
Births, distribution, by months, 20,
26.
ill^tunate, according to re-
ligion, 56, 67; and home train-
ins, 130, 131; frequency, in
- H of Europe, 33, 34.
Bischoff, 173.
Blascbko, »4.
Bleuler, 126, 301.
Bodio, 31.
Bonhaffer, 70, 73, 95, 191.
Borderland states, 107.
Bom erimin&l, 6, 169, 170, 198-
201,206.
Boonia and Hen^ovina, 34.
Boston, 289.
Boumeville, 70.
Brain and fdcull, 173-177.
Breach of the peace, 27, 149, 166.
Brothels, 96-100.
Building trades, 147.
Cadets, 06, 07.
Capital punishment, 265-367.
Castration, 233.
Catholics, 52, 64, 5S-61.
Causes of crime, 3, 5, U, 12.
individual, 15, 123-213.
social, 15-122.
Character, 244, 245.
Characteristics of the criminal,
mental, 178-186.
phyncal, 168-178.
of poor parents, 233.
see Juv^tilee.
Cholera, 227.
Christians, 52-61.
Church, 239.
City and country, crime in, 61-60.
Civil ri^tA, loss of, 270.
CUuBification of criminals, 108-213.
Cocaine, 90.
Coercion and threats, 27.
.OOglf
326 IN
Oonoots, 230.
CosditkMwl pudoo, 200, 314, 31&
Conditioiud leteaae, 203-297.
Conditiinisl sentetioe, 287-292.
Conf e«ii», 56, 60.
ConfinoDcnt ■ymptoms, 103.
' * L^.
Convict's insuuty, 1!
Coftttibagai, 75.
Ctopond punirimMOt, 26&-270.
Corrt,6.
Con«ctiTe-«dac»tian Uw, 151.
GonioA, 37, 38.
Coot of Uynw, 10
Country anddtj;.
Court offioen, criine among, 67.
Crime, uainst duatity, S5, 147,
166, 153; natural Uw», 17;
poBon, 7, 10, 11: proputy,
7, 10, !1, 17, 28, 63, 81, 147,
224.
among itudaits, 54, 60, 30-82.
M aSected by aloohol, 60-88;
day Of the week, 76-80;
economic and social condi-
tions, 101-123; ctber, 88;
Eiunbling and auperstition,
101, 102; national eustoma,
6»~88; occupation, 64-69;
<4>ium, morphine, and co-
caine, 80, 00; I'ace and re-
ligion, 30-61 ] amson, 16-30;
summer festivities, 28; tea
and coffee, 88; tobacco, 88.
causes <A, 3, S, II, 12; individ-
ual, 15, 123-213; social, 15-
122.
circumstances of, 3-6.
differences in prosecution of, 31 .
^ihiool distribution of.
in dty and oountiy, 61-40.
occupational, 212.
prevention of, 227-241.
paycholoKy of, 3, 5, 10-12.
punishable taa Doa-punisb>
^le, 1, 2.
sexual, II, 16-21,24-26.
BtruKle asainst, 214-322.
lines, dimCuitiefl in * *
Ctiminal — Cont.
i^i«nce,207.
dkaracteiBtios, mental, ITO-
186; physical, 168-17S.
deliberate, 207, 209.
habitual, 207, 211, 212, 21>,
222.
mental diseases, 186-198.
motsentaiy, 206, 200.
of opportunity, 207, 208.
of passion, 207, 208.
professiona], 307, 211, 212, 219.
psychology, ISO.
recidivist, 207, 210, 215-232.
C^inunal aboititm, 0, 31.
maanej^l8l
initalulity
of the piLMJBl,
r, 3, 6, 10-12.
lity, 139, I4a
. see Statistica.
CrimmBlity, and age, 139-157;
domestic status, 162-168;
education. 131-138; environ*
ment, 133-136; hoedity,
124-131; profMsioo, K-tO;
■ex, 153-1^.
in Corsica, 37, 38; Sardinia, 38.
Criminals, association of^with be-
dassificatioiL lOt
injuiy doae Dy, a
Crmi, 54.
(iudty, 146.
Customs and Bmuggling, 239.
EMense, 246-248.
De Fle«uy, 266.
DegenvaUon, 124, 12S, 129 171,
172, 177, 198, MO.
Denmai^ 34, 209.
DeportAtion, 267.
D^iiivstion (A hlxTty, 276.
Deterrmce. 251, 260-287.
Diem, 128.
Disease, and heredity, 124-13L
mental, 186-198.
Distilleries, 2S
Di Vercfc For
Divorced, criminality of, 1S7, 168.
Ptnnasari, 107.
DTOwning, 23.
Dmokeimaa, 69-88, 124, 12B, 228-
2TO,317.
Du Chatetet, Parent, 91.
DueUng, 64.
DutUuim, 22.
Du SauUe, Le^vnd, 316.
DwellingB, hygieoio, 231.
Ecclesiastics, crime BmoDK, 67.
EeotKiiniG »nd BOci»i conditians and
crime, 101-122.
Eduostion, compulaorj^, 234, 247.
' " e on oriminality, 131-
mMe, 120,
Educational institutions, 234-236.
Ellis, Havelock, 24, 185.
Embeulemmt, 110, 117, 160, ISO,
160,225.
Engel, 136.
England, 33, 142, 288, 289, 319.
Environment, 133-135, 201.
EpDepsy and niileptice, 128, 129,
14$ 188, 197, 199.
Ether and crime, 88.
Erangelical Christians, see Prot-
Evile3^'l01.
Executions, capital, 266.
Expiation, 246, 251-259.
Ezt«nuatmg circumstances, 316.
Pake accusations, 160.
Family disposition, 125.
Fe^le-minded, the, 186-108.
Ferrero, 92.
Ferri, 16, 206, 228, 236, 246, 247,
2^, 266, 286.
Ferriani. 133, 135.
Fertig, Mr., 77.
Feuerbach, Ansehn, 2S2.
Fines, 274.
Fingn, Mr., 266.
Fixed terms 6t punishmrat, aboli-
tion lA, 2B7-30B.
Flogging, 21
F6I36B, 44.
Ffildea, 44.
Polk-customs, 61, 69.
ForotiT woric, 147, 274, 275.
Forgery, 66.
France, 62, 108, 109, 119, 136.
Frank, 305.
Pteud, 28, 43, 48, 86, 63, «7, ll^
117, ISO, ia», 160.
Free detwroinatioa of will, 86.
Free will, 241-2S0.
Gall, 168.
Gambling, 100.
Garofalo. 32, 123.
Gaupp, 36, 169.
75.
Gaupi
Geill, lu.
GenUemen swindlen, 213.
Geographical distribution of crime,
30-61.
Gettnany, 17-20, 29, 32, 38, 34, 40-
61, 62, 103, 110, 111, 119, 130i
137, 141, 220, 224, 266, 290.
GettatUTK, 101.
Geyer, 2.
Gift for work, 237.
GrosB, Hans, 26, 51, 101. 276.
Guardianship, low of ri^t oi, 270.
Guillaume, 130, 131.
Guilt, subjective and objeettre, 263.
Hamburg, 227.
HanHmMTin j 173.
Handwriting, 1(^.
Hanover, 31.
Hartmann, 120.
Heim, 80.
Heimberger, 264, 265.
Het«dity, 125-131.
Herz, 39, 50, 117.
Hippel, 274.
Hirach, 92.
Hinchberg, 110.
Hoche, 249.
HolUnd, 33.
Home, influence of, 129, 139, 289.
Homicide, 31. 32.
House arrest, 275.
Hysteria, 128, 197.
I
init«n>t«B, 137.
Imprisonment, defects, 28S.
ineffectual, 258, 261, 274.
penitentiary, 276
ritort, 286.
simple, 276.
with supervision, 276.
Incorrigiblee, 202, 203, 212, 373,
302,304,306.
. ,l,z<,i:,.,G00^lf
Indecent uaaults, 225.
iDdMnaifiomtion, 286, 287
Indetmninftte aeaUnoe,
317, 318, 321.
Individtul oauaea of crime, 15, 123-
213.
Induatrial taodHiom, dkplaoacamt
(rf, 147.
IndJiiatos, deMseodanta <rf, fl&-72.
■ee Dninkeainen.
Infanticide, 26, 27, 63.
Innnitr, 124, 126, 129, 248.
among criminak, 186-198.
moral, 203.
■ 1, 195, 198.
Int^niational Union <rf CrimiiuJ
Law, 206, 200, 212. 308, 313, 314.
Intoxication, aee Drunkecmeoa
Iidand, 142.
Iririi penal ijvUm, 284.
Ipmmnwuihility ne HMmmunhility.
Italy, 3S^ 34, 61. 100-lOS.
JoW, 37.
Judges, 3
Juke family, 127.
JuTcnilM, 140, 216-219, 225, 276,
310^14.
EiTD, 179, 200.
Klein, 302.
Kluee,235.
Knecht, 176, 193.
KohliwiBch, 235.
KoUer, 126.
Eraepelin, 84, 171, 257, 318.
Kraiue, 205.
Erohne, 189, 194, 204, 238, 250,
25S, 270, 282, 307, 308, 309.
Euppelei, 97.
Eurella, 39, 107, 127, 170, 175.
Labor, see Work.
LafaiEue, 110, 117, 118, 119.
Ung.Otto, 76.
Larceny, see Uteft.
I^vaUs-, 168.
Law, and popular jo^ment, 252.
o(XTectivfr«ducatMxi, 151.
criminal, 3-5-
LoffdTDay, 52, 80.
LawyoB, cnme ""«& 67.
LegiaUtion, incomparability ef, 31.
Legoyt,31.
Legriun, 70.
Leppmann, Friti, 191.
Uee.fliaiesM, lot.
Leraneur, 136.
Lewin, 9, 10, 158.
Lioenses, bar, 2
' itnbraao, f '
168-170, 1
206.
Lonord, 195.
LMd'a Day Uw, 52, 80.
I4>tteriee, 100.
101.
U
Malicious miachief, 10, 11, 28, 14i
l*a, 159.
Mark of degeneration, 172, 177.
Marriage and crime, 162-168.
Masturbaticm, 283.
MattoidB, 206.
May, Mu, 109.
Me^Ol, characieristica of tiie crimi-
nal, 178-186.
Kg cisninals, i8S-
Metalii
Meyw, Albot, 110.
Mingaksini. 174.
Mjnug, 14S.
Minor cfftaen, 4, 9.
Minon, Bee Jurenilee.
Mitigation ct nuaery, 232.
Mohr, 249.
Monaco, 34.
MAnkKundUet, 128, 129, 132.
Montdortinoe, tke, 127.
Moral insanity, 203-
Morphine, 89:
Momelli, 22, 34.
Motivea, peyohologieal, of erime, i
5, 11, 12.
MQller, Hdmikh, 106, 107, 113.
Municipal woii, 274, 275.
MysUcun, 146.
N
Naecke, 171, 177, 190.
Nationiil customs and crime, I
New^M^ierB, 239-241.
Niceforo, 38.
Norway, 319, 320.
Obscene acts, 19.
Occupation and crime, 64-69, 147,
Offenbatdier, Martin, 60.
Olnk, 206, 208.
Opium, 88.
Palatinate, the, 45.
PamdeieTB, 90, 97.
Parentage aod trtuning, 124-135.
I^nmtaT authority, loss of ri^t to
exercise, 270.
Parole, 293-297.
Partially respouBible pereons, 314-
317.
Penal Bubetitutes, 228.
Penalties, existing, ineffectual, 222.
Penitentiary imfwiaonment, 276.
Pennqylvanisn system, 282.
Perjury, 66. '
Person, crimes agmnst, 7, 10, 11.
Physical characteristics ca the orim-
mal, 168-178.
Physicians, crime among, 67.
PlOtsensee, 74.
Police, 238.
Police Burreillanoe, 271, 272.
Porerty, 163.
Prem, the, 239-241.
Prevention of crime, 227-241, 251,
280-267.
Prices and crime, 106-119.
Prinsing, 163-167.
umg, 163-
wnoeliriui
Probatiop, 288-292.
ProcreatioD, prevention erf, 232, 233.
Procurers, 104, 15*
Procuring for ttrostituticm, 158.
Profession and oriniinality, 66-69,
118.
Property, crimes agsdnst, 7, 1(^ 11,
17, 26, 63, 81. 117,224.
Prostitution, and prostitutes, 90-
99, 161, 162, 247.
inducing to, 11.
Protective detmtion, 310.
ProtectoTB, 97.
Protestants, 62, 54, 58-61.
Provident eocieties, 271.
Prussia, 31, 56, 130, 131.
Psychoeeneeis of crune, 5.
Psychology, of crime, 3, 5, 10-12.
of masses, 121. 122.
<rf the miininal, 180.
PubUoJiouss, 144, 148, 164, 165,
167.
Punishable and non-puQishable
crimes, 1, 2.
Punishment, abolition of fixed
terms, 297-300.
capital, 265-267.
corporal 268-270.
essential condition of, 1,
origin, 246, 247.
purpose, 250-266.
threatened but not eieouted.
Rmu, 134.
Reaction, false, 85,
premature, 86.
to stimuli, 244-246.
Beading rooma, 230.
Recall, 297, 303, 304.
Recdving stolen goods, 116, 160.
Recidivism and recidivists, 207,
210, 214-222, 263, 268, 292, 203,
Rel^ae, see Recidivism.
Released convicts, core of, 236-^238.
Religion, influence on crime, 35, 36,
51-61.
Reprimand, 276.
ReeiBtanoe to officers, 27, 43, 46, QS»
149. /
Responsibility, criminal, 139-142,
14^ 180, 191, 197, 241-2S0.
Restaurants, 23a
Retribution, 246, 251-269.
Retttch,83.
Revenge, 246, 251, 252.
Rodat,89.
Rttdin, 192, 1^.
_ ,l,z<»i:,.,G00gIf
ItyUn, 67.
e
8uk«, 3ia 311.
Sehevot, 190;
Bohmidt, 2S1, 2B3, 360.
School, 139, 3397241.
ScAapnliMiflr, 342.
SclirOUr, 77. '
8ofauat«r, Enmt, 142.
Sohmiuhia', 29S.
SeaMn aitd crime, 15-30.
iffeit,!!
[,1»-16
Senud eriioea, 11, 1»-31, 34-2e,
145, !■
SexiMld
oeaomc
ilitj, flu
of, 154.
Scxiul escitabiliij, fluctuot
lft-21, 24-26.
Sichort, 126, 129, 29S.
Sighde, 12t, 122, 127.
Simulation of inBUiitj, 19S, 196.
EScull and bnun, 173-177.
Slang, thieW, 183, 186.
Sodai and eotmoraic oondHiooB snd
crime, 101-122.
Social CMuea <A crime, 15-132.
Softening of the bnin, 197.
Sotitarv confinemfBt, 192, 193,
282,283.
Sommer, 179, 200. 306.
Spain, 34.
Spirite, consumption of, 119.
Bpunheim, 168.
^tietiee, criminal, 3, 4, 7-13, 17,
30-36, 39-44, 61, 62, 65, 58, 59,
61, 64, 68, 78, 80, 82, 96, 106,
113, 116, 132, 137, 143, 1^ 151,
157, 163, 186, 202, 211, 212, 210,
220, 223, 260, 262, 286, 281, 300.
Stieda,172.
StwDBta, 126, 171, in, 199, 300,
Stiot,'278, 279.
Strikes, 120-122.
StrOhmbere, 92, 03.
Students, 54, 80, SO-82.
Stumme, 185.
Suicide, 21-24, 34, 35, 3«.
Sundajr rest, 80.
Supentition, 100-103.
Suapended aa)t«De^ 387-302, 814.
l^nxnrakaja, 92.
Tatooittf, 183-186.
Teaehen, erime aiDoog; 67.
Temperatun, and oUm moKB, 37.
andsukade, 21-24.
TeDentent honaee, 167.
Theft, 28, 30, 32, 43, 46-48, 57, 07,
lOS, 106, 110, 113-115. 143 144,
149-151. 159, 219.
Thieves' aUng, 183, 185.
Tippel,234.
ToMoco and crisMi, 88.
Tnining and parentage, 134-135.
Tnunpe, 162, 211, 247
TnunBtan,49.
UBUI7, 52, 63, 65, 97.
Vendetta, 37.
Vei^real dieeaaea, 91.
Vincnn«,20.
Von HoHsNtdorff, 3GL
Von Jagemana, 275.
Von Krohne, 4.
Von TiMidmwnn, 242-
Von LmA, 3, i. 10, 140, 151, 208.
312.
Von M^T, 16, 34, 106, 113.
Von Oetlinc«a> 51, 162.
Von Rohdeu, 48, 114.
Von Scfaed, 68.
Von Weinnch, 254.
Wach, 214, 226, 256.
Weloker, 173.
Widowed, eriounatitj of, 167, ISS.
Win, 241-260.
Witchea, penecution of, 102.
W1anak,44.
Worit, by the day, 279.
frawttT aad mmuobal, 374,
275.
lot leleaaed iniaoiun, 337.
WoA — Cont
pemal, 275.
ptiaon and pcnitflntiaiy, 276-
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