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CRIME : ITS CAUSES AND 

REMEDIES 



MODERN CRIMINAL SCIENCE SERIES. 

Pvbliahed under Ihe auspices of the American InatUute of Criminal Lm 
and Criminology 

1. Modem Theoriea of Cdmintklity. By C. Bernaldo de Qdibus, o 
Madrid. Tranelaled from the Second Spaoish Edition, by Dr. Alpbonro M 
Salvio, Assistant Professor of Romance LangUHges in Northwestern Ucivprsitv 
With an American Preface by the Author, and an Introduction by U'. W 
Smithers, Esq.. ot Philadelphia, Secretary of the Comparative h&w Bureai 
of the American Bar AsBociation. 

2. Criminal Psychology. By Hans Gross, Professor of Criminal Law ill 
the Univeraity of Graa, Austria, Editor of the "Archives of Criminal Anthw 
polcmy and, CriminaUstics," etc. Translated from the Fourth German editico, 
Dy iSr. Horace M. Kallen, Lecturer in Philosophy in Harvard Univcrailj, 
With an American Preface by the Author, and an Introduction by Joszn 
Jastbdw, Professor of Psychology in the Umvereity of Wisconsin, 

3. Crime, Its Causes and Remedies. By CeaARB LoiiBROSO, late Pi* 
feasor ot Paycluatry and I.egal Medicine in the Univeraity of Turin, author d1 
the " Criminal Man," etc.. Founder and Editor of the " Archives of Psjjchialij 
and Penal Sciences." Translated from the French and German editions l^ 
Rev, Hbnkt p. Hokton, M. A., of Columbia, Mo. With an Introduction by 
Maitricb Parueleb, Araociate Professor of Sociology in the University ol 
Missouri. 

4. The Individualization of Punishment. By Ratmond Saleilles, Pro- 
feeaor ot Comparative Law in the University of Paria. Translated from tin 
Second French edition, by Mrs. Rachael Szou> Jabtrow, ot Madison, Wis. 

5. Criminal Sociolof^y. By Enrico Ferri, Member of the Roman Bir, 
and Professor of C rimin al Law and Procedure in the University of RoqA 
Editor of the " Archives ot Psychiatry and Penal Sciences." the " Positivi* 
School in Penal Theory and Practice," etc. Translated from the Fourth ItaliaB, 
and Second French edition, by Joseph I. Kellt, Eag., formerly Lecturer na 
Roman Law in Northwestern University, and Dean of the Faculty of Law is 
the University of Louisiana. With an American Preface by the Author, and 
an Introduction by Cuarx.es A. EtiWOOD, Professor ot Sociology in the Uni- 
veraity of Miasouri. 

6. Penal Philosophy. By GAnmeL Tarde, Late Magistrate in PicardT, 
Professor ot Modem Philosophy in the College of France, and Lecturer in tM 
Paria School of Political Science. Translated from the Fourth French edition 
by Rapeub Howell, Esq., ot the Bar of New York City. 

7. Criminality and Economic Conditions. By W. A. Bonqer, Doctor il 
Law ot the Univeraity ot Amsterdam. Translated from the French by Henri 
P. HoRTON, M. A,, ot^ Columbia, Mo. 

8. Criminology. By Rafcabl.i.e Gahofalo, former President ot the Court ol 
Appeala ot Naples. Translated from the First Italian and the Fifth Frencl 
edition, by Robert W, Mh-lab, Eeq., of Chicago, Lecturer in Northwestern Unij 
vendty Law School. 

9. Crime and Its GepTcaaion. By GnsTAV Abchaffenbuso, Professor ol 
Psychiatry in the Academy of Practical Medicine at Cologne, Editor of tlM 
" Monthly Journal ot Criminal PsycholoKy and Criminal Law Reform." Tran» 
lated from the Second German edition by Adalbert Albrecbt, ot South Eaaton, 



THE MODERN CRIMINAL SCIENCE SERIES 

PubUihsd under ths Auspices of 
AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY 



Crime 

Its Causes and Remedies 



By CESARE I^OMBROSO, M.D. 

Profusar of Pt^ekkUfy and Criminal Anthropology in ths 

Univsrsity of Turin 



Translated by 
HENRY P. HORTON, M.A. 



WITH AN INTRODUCTION BY MAURICE PARMELEE* PH. D. 
AnDTAjrr PaomK>m or Socioloot nr tbx Ujarzasmr or Mmoumi 

Aumom or ** FmaarLn or Cbimival Avtbbopolooy," eic 



• •••• •• •••• ••• • •• 






• • •, 

• • • 

• • • • • 



BOSTON 
BBOWN, AND COMPANT 
1911 



COPTIUOHT, 1911, 

Bt Ltruc, Bboww, awd CoicPAinr. 



AU rififhii T§mrv$d 















,• • 



• • 



• • • 












• » • 



THE imivBitsrnr pREsst cambridoe, u. i. a* 



GENERAL INTRODUCTION TO THE 
MODERN CRIMINAL SCIENCE SERIES. 

At the National Conference of Criminal Law and Crim- 
inology, held in Chicago, at Northwestern University^ in 
June, 1909, the American Institute of Criminal Law and 
Criminology was organized; and, as a part of its work, the 
foDowing resolution was passed: 

"WhereaSy 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 appoint a committee of five with power to select such 
treatises as in their 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 
consulted by frequent correspondence. It has selected 
several 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 necessity of educating the profes- 
fflons and the public by the wide di£Pusion of information on 
this subject. It desires here to explain the considerations 
which have moved it in seeking to select the treatises best 
adapted to the purpose. 

For the community at large, it is important to recognize 
that criminal science is a larger thing than criminal law. 
The legal profession in particular has a duty to familiarize 
itself with the principles of that science, as the sole means 
for intelligent and systematic improvement of the criminal 
law. 



GENERAL INTEODUCTION 



1 



Two centuries &go, while modcni medical science was still 
young, medical practitioners proceeded upon two general 
assumptions: one as to the cause of disease, 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 treatment of 
disease, there were believed to be a tew remedial agents of 
oniversal efficacy. Calomel and blood-letting, for example, 
were two of the principal ones. A larger or smaller dose of 
calomel, a greater or less quantity of bloodletting, — this 
blindly indiscriminate mode of treatment was regarded as 
orthodox for all common varieties of ailment. 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 tlie 
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 couotei^ 
action. As to the treatment, we now know that there are 
various specific 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. 

The same truth is now known about crime; but the under- 
standing and the application of it are just opening upon us. 
The old and stiU dominant thought is, as to cause, that a 
crime is caused by the inscrutable moral free will of the human 
being, doing or not doing the crime, just as it pleases; abso- 
lutely free in advance, at any moment of time, to choose or 
not to choose the criminal act, and therefore in itself the 
sole and ultimate cause of crime. As to treatment, there 
still are just two traditional measures, used in var}'ing doses 
for all kinds of crime and all kinds of persons, — jail, or a 
fine (for death is now employed in rare cases only). But 
modem science, here as in medicine, recognizes 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 have 
natural causes, — that is, circumstances which work to pro- 
duce it in a given case. And as to treatment, modem science 
reoc^nizes that penal or remedial treatment cannot possibly 
be indiscriminate and machine-like, but must be adapted 
to the causes, and to the man as affected by those causes. 
Common sense and logic alike require, inevitably, that the 
moment we predicate a specific cause for an undesirable 
effect, the remedial treatment must be specifically adapted 
to that cause. 

Thus the great truth of the present and the future, for 
criminal science, is the individualization of penal treatment, 
— for that man, and for the cause of that man's crime. 

Now thb truth opens up a vast field for re-examination. 
It means that we must study all the possible data that can 
be causes of crime, — the man's heredity, the man's physi- 
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. 

AU this has been going on in Europe for forty years past, 
and in limited fields in this country. All the branches of 
science 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 gen-' 
eral and the legal profession in particular have remained 
either ignorant of the entire subject or indifferent to the 
entire scientific movement. And this ignorance or indiffer- 
ence has blocked the way to progress in administration. 



viii GENERAL INTRODUCTION 

The Institute therefore takes upon itself, as one of its aims, 
to iDculciite the study of modem criminal science, as a press- 
ing duty for the legal profession and for the thoughtful 
community at large. One of its principal modes of stimulat- 
ing and aiding this study is to make available in the English 
language the most useful treatises now extant in the Con- 
tinental languages. Our country has started late. There 
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 European thinkers 
and workers have passed through. But to reap that profit, 
the results of their experience must be made accessible in 
the English language. 

The effort, in selecting this series of translations, has been 
to choose those works which best represent the various schools 
of thought in criminal science, the general results reached, 
the points of contact or of controversy, and the contrasts of 
method — ha\'ing always in view that class of works which 
have a more than local value and could best be serviceable 
to criminal science in our countrj'. As the science has vari- 

s aspects and emphases — the anthropological, psychologi- 
cal, sociological, legal, 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 Uiese various aspects, — 
France, Germany, Italy, most abundantly, but the others 
each its share, — the effort was made also to recognize the 
different contributions as far as feasible. 

The selection made by the Committee, then, represents 
its judgment of the works that are most useful and most 
instructive for the purpose of translation. It is its conviction 
that this Series, when completed, will furnish the American 
student of criminal science a systematic and sufficient ae- 
quuntance with the controlling doctrines and methods 
that now hold the stage of thought in Continental Europe. 



GENERAL INTRODUCTION ix 

Which of the various principles and methods will prove 
best adapted to help our problems can only be told after 
our students and workers have tested them in our own ex- 
perience. But it is certain that we must first acquaint our- 
sdves with these results of a generation of European thought. 
In closing, the Conmiittee thinks it desirable to refer the 
members of the Institute, for purposes of further investiga- 
tion of the literature, to the *' Preliminary Bibliography of 
Modem Criminal Law and Criminology " (Bulletin No. 1 
of the Gary Library of Law of Northwestern University), 
already issued to members of the Conference. The Com- 
mittee believes that some of the Anglo-American works 
listed therein will be found useful. 

CoiiMITTEE ON TRANSLATIONS. 

Chairman^ John H. Wiomore, 

Professor of Law in Northwestern UniversUyp Chicago, 

Ebnst Freund, 

Professor of Law in the University of Chicago, 

Maubice Pabmelee, 

Professor of Sociology in the State University of 
Missouri, 

BoscoE Pound, 

Professor of Law in Harvard University, 

Robert B. Scott, 

Formerly Professor of Political Science in the State 
University qf Wisconsin, 

Wif. W. Smithebs, 

Secretary cf the Comparative Law Bureau qf the 
American Bar Association, Philadelphia, Pa, 



INTRODUCTION TO THE ENGLISH 

VERSION 

THE treatment of the criminal up to the latter part of the 
nineteenth century was dominated by the theories of the 
c lassical school of criminology. This school was based upon 
the thought of the eig hteenth^ cent ury philosophers. Its chief 
founder was the distinguished Italian criminologist, Cesare 
Beccaria. In his great work entitled *' Crimes and Punish- 
ments," published in 1764, he co ndemned the almos t unlimited 
power whi^Judg^ frequently had in determining the punish- 
ment of criminals. This power frequently led to inhuman and 
unjust treatment of the criminal. Filled with the humanitarian 
feeling and dominated by the democratic ideas of the time, 
Beccaria insisted that no punishment should be greater than 
the crime warranted, and that all men should be equal in the 
eyes of the law. (Thus the fundamental principle of the classical 
school was that the treatment of a criminal should be determined 
by the character of the crime that he had committed. ) In each 
criminal case it was to be determined what crime had been com- 
mitted, and then the penalty designated by the penal code was 
to be applied regardless of the personality of the criminal. 

We can now discern many variations in the treatment of the 
criminal from the principle laid down by the classical school. 
Criminals guilty of the same crime are very frequently not sub- 
jected to the same penalty, and the variations in their treatment 
are not usually due to differences in their social standing as 
was frequently the case previous to the time of the classical 
school. (The treatment of the criminal is being based more and 
more upon his own characteristics rather than upon the char- 
acter of the crime he has committed. ) How has this great change 
come about? The largest credit for it is undoubtedly due to the 
great Italian criminal anthropologist, Cesare Lombroso, who 



INTRODUCTION TO THE ENGLISH VERSION 



died in October, 1009. Few men have suffered the amount 
criticism and abuse that Lombroso experienced during his Iif( 
time. But if the degree of interest and difference of opinion 
aroused by his ideas, and the extensive hterature devoted to 
the discussion of them, are any indications of his influence, 
Lombroso is certainly the most important figure in criminologi- 
cal science since Beccaria. Let us see what were the character- 
btics of his teachings which gave them so great an influence. 

Lombroso was one of the group of great thinkers of the nine- 
teenth century who had the courage and the wisdom to apply 
tie positive, inductive method of modem science to the study 
of liuman and social phenomena. He was not the first one to 
search for the causes of human conduct in the physiological 
and mental characteristics of the individual, for others, such as 
Galenus, Gall, and Morel, had preceded him tn this study. 
But no one of these had carried his analysis very far and the 
metho<]s used were not always very scientific. Lombroso de- 
voted bis whole life to hb study and used thoroughly inductive 
methods. His teachings immediately aroused great opposition; 
in the first place, because of the prejudice which existed against 
attributing human conduct to natural causes. But much of 
this opposition was also due to the fact that in his first writings 
he attributed criminal conduct almost entirely to the character- 
istics of the criminal himself. That, however, he recof 
later on the social causes of crime is indicated by this book 
which ample weight ia given to these social causes. 

Lombroso commenced his studies by spending several y« 
in studj-ing the characteristics of the criminals in the Italii 
penitentiaries. In 1876 he published the first edition of 
"L'Uomo Delinquente." In this book he set forth his theory 
that crime is caused almost entirely by the anthropological 
characteristics of the criminal. But in later editions of the same 
work he gave more and more weight to the social causes of crime, 
and ultimately published the work of which the present volume 
is a translation. While several of his less important books have 
been translated into English, neither of his two principal works 
ha\e ever before been translated. Thus it is that the English- 
speaking world is acquainted with his theories largely through 



] 




mnuroucTiON to the English version xUi 

hearsay.^ The Committee on European Translations of the 
American Institute of Criminal Law and Criminology has chosen 
the second of his great works for translation in the belief that 
his theories should be better known in this country. The In- 
stitute is devoting itself to the work of applying science in the 
administration of the criminal law, and we are glad to know 
that Lombroso approved of its work in the following words 
written shortly before his death: ^ 

'*! beg to express my satisfaction at learning of the call for 
the National Conference on Criminal Law and Criminology, to 
take place in Chicago. It will mark a new era in the progress 
of criminal law. If I could offer any suggestion to so competent 
a body of men, it would be to emphasize the importance of 
apportioning penalties, not according to the offense, but ac- : 
cording to the offender. To this end the probation system, 
which it is the great credit of America to have introduced, 
should be extended so as to suit the offender's type and indi- 
viduality. It is futile to fix a term of imprisonment for the 
bom criminal; but it is most necessary to shorten to the mini- 
mum the term for the emotional offender, and to modify it 
for the occasional offender, and to place the latter under the ] '. 
supervision of a judge, and not to let his fate be so fixed that 
it amounts merely to a modem form of slavery.'* 

[ Hie present volume discusses in the main the social causes ^ 
d crime. ) It has seemed well to the Committee that in this in- 
troduction there should be given a critical sunmiary of Lom-/ 
broso's theory as to the anthropological causes of crime as s^tj 
tSrarin his great w8PE on Crimiiffil Mian.' 

1 A Bummary of his "(^minal Man" ia now published in America (by 
MeaBTB. Putnam's Sons), under the editorslup of his daughter, Signora Gina 
Lombroso-Ferrero and Profeseor Ferrero. The present Introduction covers 
the groimd of that Summary. 

* Extract from a letter to Professor John H. Wi^ore, first President 
of the American Institute of Criminal Law and CrimmblogVi dated Turin, 
May 3, 1909. 

It is interesting to learn that Dr. Lombroso. in May, 1908, was visited b^ 
Mr. Wigmore with the purpose of tendering nim the nomination as Hams 
Lecturer at Northwestern University in 190&-10, his subject to be ''Modem 
Oriminal Science," and that Dr. Lombroso expressed a deep interest but was 
prevented bv his advanced ag^. from making anv engagements to leave Italy. 

Dr. Lombroso's death occurred a few months after the above letter was 
written. 

' The following summary is taken in the msun from the writer's ''Prin- 
ciples of Anthropology and Sociology in their Relations to Criminal 
IVooedure," The Macmillan Company, New York, 1908, pages 25-78. 



jdv INTRODUCTION TO THE ENGLISH VERSION 

A quotation from Lomhroso's opening speech at the Sixth 
Congress of Criminal Anthropology at Turin in April, 1906, 
will ^ve the key to the first stage in the development of his 
theory: 

"In 1870 I was earrj'ing on for several months researches 
in the prisons and asylums of PaWa upon cadavers and Uving 
persons, in order to determine upon substantial differences 
between the insane and criminals, without succeeding very 

. well. At last I found in the skull of a brigand a very long series 
of ata\'istic anomalies, above all an enormous middle occipital 
fossa and a hypertrophy of the vermis analogous to those that 

' are found in inferior vertebrates. At the sight of these strange 

I anomalies the problem^ of the nature and of the origin of the 
criminal seemed to me resolved; the characteristics of primi- 
tive men and of inferior animals must be reproduced in our 

' times. Many facts seemed to confirm this hypothesis, above 
all the ps ycho logy of 'th? criminal; the frequency of tattooing 
and of professional slang: the passions as much more fleeting 
as they are more violent, above all that of vengeance; the 
lack of foresight which resembles courage and courage which 
alternates with cowardice, and idleness which alternates with 
the passion lor play and activity," ' 

r His first conception of the criminal, which was greatli^modi- 

, fied later on, was, then, that the'criminalis an atavistic phenom- 

moh reproducing a tj-pe of the past. 'In order to find the origin 

jl of this atavistic phenomenon he goes bgck not only to savage 

I man b ut also to animals and even ta-tilapts. Crimean^mmi- 

nals are, strictly speaEng ^miiian phenom engana are, tbere- 

fore, not to be found outside of uuman "society. But when a 

criminal displays a strong tendencj- towards crime which results 

from ab norm al or pathologic al, physiologi cal, and psycholog^- 

cal cbBSSeristics it is necessary to search in the lower species 

lor characteristics which correspond to those of the criminal. 

I The acts which result from these characteristics Lombroso called^ 

the equivalents of crime* Anion^ plants he fin ds such cqu iva- 

4gPts in the habits of the in^ ^ ^ll\'6 rfl115 plimg! It is question- 

aole. However, if the so-called^'nuiWPts" of insects by these 

plants can be considered as equivalents of crime, since they are 

 la the " Aicbivw d'antluopolo^e uinunelk," Lyons, Juoe, 1906. 



INTRODUCTION TO THE ENGLISH VERSION xv 

oommitted by one species against another and belong in the 
same category with man's habit of eating animals and plants. 
But i ^nriQng animals a re to be found veritable equivalents of 
crime in acts contrary to the general habits and welfare of a 
species by one of its members. Cannibalism, infantig j^^jp, gjiH 
parricide frequently occur, while muraer, maltreatment, and 
theft are used to procure food, to secure conmiand, and for many 
other reasons. In the past the idea that crimes are committed 
by itniTnitla was so strong that in ancient times and in the Middle 
Ages animals were frequently condenmed according to juridical 
forms for acts harmful to man. Various causes for these equiva- 
lents of crime among animals have been noted, as, for example, 
congenital anomali^of the brain. Veterinary surgeons rec- 
ognize these^lmSIRalies and give them as the causes for the 
misbehavior of horses. Other causes are antipathy causing 
murder, old age resulting in ill-temper, sudden anger, physical 
pain, etc. 

/Not only the equivalents of crime but those of punishment^ 
also, have been noted among the lower species./ M any (»s ea.arg 
on record of a group of animals having torn to pieces one of its 
members who had committed an act contrary to the welfare of 
the group or had failed in performing its duties towards the 
group. ^ this blind act of vengeance we see the embryo of the 
form of social reaction called Du nishm< , 
( There are, also, many habits of tke lower species which, be- 
cause th^ are natural and normal, cannot be called the equiva- 
lents of crime, but which when reproduced among civilized men 
become criminal.] The same is true of many habits of savages. 
For example, homicide is frequently practised under social* 
sanction, such as infanticide, murder of the aged, of women, 
and of the sick, religious sacrifices, etc., while cannibalism is 
prevalent in many tribes. Theft also exists under social sanc- 
tbn, though it is not so common, because the institution of 
private property is not highly developed among savages. The 
veritable crimes among savages are those against usage in which 
an established custom or religious rite is violated. 

In like manner, as among the savages, characteristics are to 
be found in the child in a normal fashion which would be crimi- 



svi INTRODUCTION TO THE ENGLISH VERSION 

nal in an adult, such as anger, vengeance, jealousy, lying, cruelty, 
lack of foresight, etc. For the first year or more of its life a child 
lacks a moral standard and its de\'elopment is determined largely 
by its surroundinga. There are, furthermore, many abnormal 
children in whom a tendency to crime manifests itself early. 

It was the consideration of these facts with regard to the 
lower species, savages, and children which led Lombroso to 
formulate his first theory that crime is atavistic in its origin. 
This theory, as we shall see, he modified greatly later on. He 
discusses the atavbtic origin of crime in the first part of bis 
work, and then proceeds to the study of the constitution which 
the criminal inherits. This we will now briefly summarize. 

The first series of the characteristics of the criminal is the 
anatomical. The study of 383 skulls of criminals gives him the 
results which he sums up in the following words: 

"On considering the results that these 383 skulls give us 
it is found that the lesions most frequent are: great promi- 
nence of the superciliary arches, 58.2 per cent ; anomaly in the 
development of the wisdom teeth, 44.6 per cent; diminution 
of the capacity of the skull, 34.5 per cent; synostosis of the 
sutures, 48.9 per cent; retreating forehead. '28 per cent; hyper- 
ostosis of the bones, 28.9 per cent; plagiocephaly, 23.1 per 
cent; wormian bones, 22 per cent; simplicity of the sutures, 
18.4 per cent; prominence of the occipital protuberance, 16.6 
per cent; the middle occipital fossa, 16 per cent; symbolic 
sutures, 13.6 per cent; flattening of the occipital, 13.2 per 
cent; osteoph,vtes of the clivus, 10.1 per cent; the Inea's or 
epactal bone, 10.5 per cent," ' 

A union of many of these anomalies is to be found in the same 
skuU in a proportion of 43 per cent, while 21 per cent have 
single anomalies. But these figures would have little value if 
not compared with corresponding figures for non -criminals. 
Such a comparisou results in destroying the significance of some 
of these anomalies, since they proi,-e to exist in about the same 
proportion among the latter. 

"But there are others, on the contraiy, which are present 
in a double or triple proportion in the criminals. Such are, 

) "Homme Oumod," Pskria, 1$95, 1, 155. 



INTRODUCTION TO THE ENGLISH VERSION xvu 

for example, sclerosis, the epactal bone, asymmetry, the re- 
treating forehead, exaggeration of the frontal sinus and the 
superciUary arches, oxycephaly, the open intemasal suture, 
anomalous teeth, asynmietries of the face, and above all the 
middle occipital fossa among males, the fusion of the atlas 
and the anomalies of the occipital opening." ^ 

Comparison with the skulls of the insane shows that criminals / 
surpass the insane in most of the cranial anomalies. Compari- ' 
son with savage and pre-historic skulls shows the atavistic 
character of some of these anomalies. 

"Atavism, however, does not permit us to explain either the 
frequent obliquity of the skull and of the face, or the fusion 
and welding of the atlas with the occipital, or the plagiocephaly, 
or the exaggerated sclerosis, anomalies which seem to be the 
result of an error in the development of the fcetal skull, or a 
product of diseases which have slowly evolved in the nervous 
centers." * 

As to the significance of the cranial anomalies, he says: 

"Is it possible that individuals afflicted with so great a 
number of alterations should have the same sentiments as men 
with a skull entirely normal? And note that these cranial 
alterations bear only upon the most visible modifications of 
the mtellectual center, the alterations of volume and of form." ' 

A study of the convolutions of the brains of criminals reveals 
many anomalies, of which he says: 

"It would be too rash to conclude that at last have been found 
with certainty anomalies peculiar to the cerebral circumvolu- 
tions of criminals; but it can very well be said already that in 
criminals these anomalies are abundant and are of two orders: 
8Mne which are different from every normal type, even in- 
ferior, as the transverse grooves of the frontal lobe, found by 
Resch in some cases, and so prominently that they do not 
•Dow the longitudinal grooves to be seen; others are deviations 
bom the type, but recall the type of lower animals, as the 
squiration of the calcarine fissure from the occipital, the fissure 
of Sylvius which remains open, the frequent formation of an 
operculum of the occipital lobe.*' ^ 

» Op. eU., L 161. « Op. eU., L 168. 

» Op. ciL, 1, 174. « Op. cU., I, 185. 



1 



sn-iii INTRODUCTION TO THE ENGLISH VERSION 

The histology of the criminal brain also shows many anomalies 
due in most cases to arrested development. Anomalies of the 
skeleton, heart, genital organs, and stomach are also aoted. 

He then passes to the study of the anthropometry and 
physiognomy of 5907 criminals examined by himself and about 
a dozen other criminologists. In the anthropometric measure- 
ments it may be noted tliat the type usually reproduces the 
regional type, that the reach from finger tip to finger tip with 
the arms outstretched is usually superior to the height, frequent 
left -handedness, the prehensile foot in wluch the great toe is 
mobile and is removed an unusually long distance from the other 
toes, precocious wrinkles, absence of baldness, a low and narrow 
forehead, large jaws, etc. In the physiognomy he discusses 
peculiarities of the hair, iris, ears, nose, teeth, etc., noting differ- 
ences between different kinds of criminals. 

" In general, many criminals ha^-e outstanding ears, abun- 
dant hair, a sparse beard, enormous frontal sinuses and jaws, a 
square and projecting chin, broad cheekbones, frequent ges- 
tures, in fact a type resembling the Mongolian and sometimes 
the Negro." ' 

In summarizing the anatomical study of tJie criminal he says: 

"The study of the living, in short, confirms, although less 
ewctly and less constantly, this frequency of microcephalies, 
of asjTmnctries, of oblique orbits, of prognathisms, of frontal 
sinuses developed as the anatomical table has shown us. It 
shows new analogies between the insane, savages, and crim- 
inals. The prognathism, the hair abundant, black and friz- 
sled, the sparse beard, the skin very often brown, the oxyce- 
phaly, the oblique eyes; the small skull, the de\-eloped jaw 
and zj-gomas, the retreating forehead, the voluminous ears, 
the an^ogj' between the two sexes, a greater reach, are new 
characteristics added to the characteristics observed in the 
dead which bring the European criminals nearer to the Aus- 
tralian and Mongolian tj-pe; while the strabism, the cranial J 
asymmetries and the serious hislologicai anomalies, the osteo- I 
mates, the meningitic lesions, hepatic and cardiac, also show 1 
us in the criminal a man sbnoruial before his birth, by arrest 
ol devdopment or by disease acquired tram different organs, 

> Op. «f., I, 223. 



INTRODUCTION TO THE ENGLISH VERSION nx 

above all, from the nervous centers, as in the insane; and make 
him a person who is in truth chronically ill." ^ 

The study of the anatomical characteristics of the criminal 
enabled him to separate the bom criminal from the criminal of 
habit» of passion, or of occasion who is bom with very few or no 
abnormal characteristics. Leaving aside for the moment the 
latter classes of criminals he takes up the biological and psy- 
chological characteristics of the bom criminals, the first being 
the psychological characteristic of tattooing. 

''One of the most characteristic traits of primitive man or 
of the savage is the facility with which he submits himself to 
this operation, surgical rather than aesthetic, and of which the 
name even has been furnished to us by an Oceanic idiom." * 

By means of the statistics of 1S,566 individuals of which 
4,876 were honest, 6,347 criminal and 2,948 insane, he shows 
that tattobing is quite common in some of the inferior classes 
of society, but is most common among criminals. 

"It may be l^d that, for these last, it constitutes on ac- 
count of its frequency a specific and entirely new anatomico* 
k^ characteristic."' 

He cites many causes for tattooing, such as religion, imita* 
tion, carnal love, vengeance, idleness, vanity, and above all 
atavism. 

''But the first, the principal cause which has spread this 
custom among us, is, in my opinion, atavism, or this other land 
of historic atavism called tradition. Tattooing is in fact one 
of the essential characteristics of primitive man and of the man 
who is still living in a savage state." ^ 

After noting peculiarities of the molecular exchange as indi- 
cated in the temperature, pulse, and urine he discusses the 
general sensibilities of the criminal. 

"The special taste of criminals for a painful operation so 
long and so full of danger as tattooing, the large number of 
wounds their bodies present, have led me to suspect in them 

» Op, cU,, I, 262. . « Op. cit., I, 266. 

• Op. cU., I, 266. « Op. ciL, I, 296. 



XX INTRODUCTION TO THE ENGLISH VEBSION 

a physical insensibility greater than amongst most men, an 
insensibility like that which is encountered in some insane 
persons and especially in violent lunatics." ' 

Numerous e3q)eriments have revealed obtuseness in the 
sensibility of many parts of the body. Peculiarities have been 
noted in the visual acuteness and visual field, in the smelling, 
the taste, and the hearing, in the motility, in the reaction to 
various external influences, and in the vaso-motor reflexes. 

"From all of these facts it could be deduced that nearly 
all the different kinds of sensibility, tactile, olfactorj", and of 
the taste, are obtuse in the criminal; even in the occasional crim- 
inal as compared with the normal man; while in the criminal 
as in the insane and hysterical the sensibility to metals, to the 
magnet, and to the atmosphere b exaggerated. Their physical 
insensibility recalls quite forcibly that of savage peoples, who 
can face, in the initiations to puberty, tortures which a man of 
the white race could never endure." * 

From thi.s study showing the marked analgesia of the criminal 
he passes to his affective sensibility. 

"In general, in criminal man, the moral insensibility is as 
great as the physical insensibihty ; undoubtedly the one is the 
effect of the other. It is not that in him the voice of sentiment 
is entirely silent, as some literary men of inferior ability sup- 
pose; but it is certain that the passions which make the heaJt 
of the normal man beat with the greatest force are very feeble 
[ in him. The first sentiment which is estinguished in these 
beings is that of pity for the suffering of another, and this hap- 
pens just because they themselves are insensible to suffering." * 

He then discusses various psj'chological characteristics of 
the criminal showing his instability, vanity, lasciviousness, 
laziness, lack of foresight, etc. He shows that his intelligence 
varies greatly among the different classes of criminals. He dis- 
cusses at some length the argot or professional slang of criminals. 

"Atavism contributes more to this than any other thing. 
They talk differently from us because they do not feel in the 
same way; they talk like savages because they are veritable 
savages in the midst of this brilliant European civ-ilization." ' 



197. 



INTBODUCnON TO THE ENGLISH VERSION xri 

In a similar maimer he studies the hieroglyphics, writing, and 
literature of criminals. 

In the first volume of this work Lombroso describes the char- 
acteristics of the bom criminal who, as we shall see, he believes 
represents a distinct anthropological type. In the second vol- 
ume he t akes up first certain an^ oges-^^'^^ ^** ^^^i^vfg exist 
betwe^_A eJ>om crim inal and n^rtftin othf^r abnormnl i3rpes, 
and t hen deals with ^h^ nthftr rlRsuwQ nf criminals. And first 
he deals with the analogy and indeed ^he identity which he 
believes exists between congenital criminality and moral 
insanity^ **The characteristics of the bom criminal that we 
have studied in the first volume are the same as those of the 
moral imbecile." ^ Under the name of moral imbecile psy- 
chiatrists have classified the insane, whose most prominent 
pathological characteristic is a complete or almost complete 
absence of moral feeling and of moral ideas. The famous Eng- 
lish alienist, Henry Maudsley, has described this class in the 
following words: 

*' Notwithstanding prejudices to the contrary, there is a dis- 
order of the mind, m wluch, without illusion, delusion, or hal- 
lucination, the symptoms are mainly exhibited in a perversion 
of those mental faculties which are usually called the active 
and moral powers — the feeling, affection, propensities, tem- 
per, habits, and conduct. The affective life of the individual 
is profoundly deranged, and his derangement shows itself in 
what he feels, desires, and does. He has no capacity of true 
moral feeling; all his impulses and desires, to which he yields 
without check, are egoistic; his conduct appears to be governed 
by immoral motives, which are cherished and obeyed without 
any evident desire to resist them. There is an amazing moral 
insensibility. The intelligence is often acute enough, being 
not affected otherwise than in being tainted by the morbid 
feeling under the influence of which tiie persons think and act; 
indeed they often display an extraordinary ingenuity in ex- 
plaining, excusing, or justifying their behaviour, exaggerating 
this, ignoring that, and so coloring the whole as to make them- 
selves appear the victims of misrepresentation and persecu- 
tion."* 

» Op. eU., n, 1. 

> "Roqponsibility in Mental Disease/' London, 1874, 171-172. 



1 



xrii INTRODUCTION TO THE ENGLISH VERSION 

Such a person may very easily become a criminal. 

"A person who has do moral sense is naturally well fitted to 
become a criminal, and if his intellect is not strong enough to 
convince him that crime will not in the end succeed, and that 
it is, therelore, on the lowest grounds a folly, he is very Ukety 
to become one." ' 

Moral insanity may be caused by various abnormal or patho- 
logical mental characteristics, congenital or acquired in the 
individual. Whenever one of these characteristics destroys the 
capacity for moral feehng and for comprehending moral ideas 
the individual becomes a moral imbecile. Moral insanity , 
therefore, is not a morbid entity in the sense that it arises out 
of one pathological mental characteristic or state of mind. It 
is, on the contrary, as Baer has said, a symptom common to 
various cerebral diseases. Lombroso, however, apparently re- 
garded it as such an entity, for he frequently spoke of it as if 
it were a distinct disease, and, furthermore, he identified it 
with the bom criminal whom he considered a distinct type. He 
cites a good deal of e\-idence in support of this identification. 

"One of the things which prove indirectly the identity of 
moral insanity and of crime, and which at the same time ex- 
plains to us the doubts with which the alienists have been pos- 
sessed up to this day, is the extreme rarity of the first in the 
insane asylums, and its great frequency, on the contrary, in 
the prisons." ' 

After supporting this statement with statistics he demon- 
strates many likenesses between the moral imbecile and the 
bom criminal, with regard to the weight, the skull, the physi- 
ognomy, the analgesia, tactile sensibihty, tattooing, vascular 
reaction, affectibility. etc. By contending that there is an 
identity between the moral imbecile and the bom criminal, he 
does not, however, mean that every mora! imbecile is a criminal. 
For that matter not everj' person bom with a criminal tempera- 
ment becomes a criminal, for external circumstances may resist 
aod overcome the innate criminal tendencies. But he believes 



Maudaley, Op. eU., 5S.  Op. eU., U, ^-i. 




eves I 



INTeODUCnON TO THE ENGLISH VERSION xxiii 

that in physical constitutioli and mental characteristics the two 
are fundamentally alille. 

This identity of the moral imbecile with the bom criminal 
isy he believes, still more conclusively proved by a similar like- 
ness which he finds between the criminal and the epileptic. 

*'The objection has jnstl^r been made against this fusion 
that the cases of true moral insanity that I have been able to 
study are too restrictive in number. That is true; but it is 
after all very natural; for, precisely because moral imbeciles 
are bom criminals, they are not found as frequently in the 
a^lum as in the prison; and it is also for that reason that it is not 
ea^ to establish a comparison. But there exists in epilepi^ 
a uniting bond much more important, much more comprehen- 
sible, which can be studied upon a ereat scale, that unites and 
bases the moral imbecile and the bom crimmal in the same 
natural family." ^ 

As in the case of the analogy between the moral imbecile and 
the bom criminal he demonstrates many likenesses between the 
q)ileptic and the bom criminal, in height, weight, the brain, 
the skull, the physiognomy, the flat and prehensile foot, the 
seofflbility, the visual field, motility, tattooing, etc. 

"Criminality is therefore an atavistic phenonenon which is 
provoked by morbid causes of which the fundamental mani- 
festation is epilepsy. It is very true that criminality can be 
provoked by other diseases (hysteria, alchoholism, paralysis, 
insanity, phrenastenia, etc.)^ but it is epilepsy which gives to it, 
by its frequency, by its gravity, the most extended basis." * 

iBut while all bom criminals are epileptics, according to 
Lombroso, not all epileptics are bom criminals. Jin all three, 
congenital criminality, moral insanity, and epilepsy, we find the 
inedstible force which results in crime or similar irresponsible 
acts. 

"The perversion of the affective sphere, the hate, exagger- 
ated and without motive, the absence or insufficiency of all 
restraint, the multiple hereditary tendencies, are the source of 
irresistible impulses in the moral imbecile as well as in the bom 
" and the epileptic." • 



1 Op, cU., n, 49-50. « Op, cU., II, 120. • Op. cU., II, 126. 



xxiv INTRODUCTION TO THE ENGLISH VERSION 

These two analogies between the born criminal and the mora] 
imbecile and the epileptic mark the second stage in the develop- 
ment of his theory. 

"The studies which form the first part of this volume accord 
admirably with those which have been developed in the second 
and third parts of the 6rst volume to make us see in the crimi- 
nal a savage and at the same time a sick man." * 

i In other words, he no longer sees in the bom criminal 
\ only an atavistic return to the savage, but also arrested de- 
t velopnient and disease, thus making the bom criminal both 

I an atavistic and a degenerate phenomenon. 

I He now passes to the treatment of the classes of criminals 

/other than the born criminal. fXhe first of these is the criminal 

i by pa.ssion^ 

"Among the criminals there is a category which b distin* 
guished absolutely from all others; it is this of the crinunals 
By passion, who ought rather to be called criminals by violence, 
because as we have seen, and as we shall see better still in their 
ffitiology, all these crimes have for substratum the violence of 
some pasMon."* 

These criminals are quite rare, are usually young, have few 
anomalies of the skull, a good pliysiognomj', honesty of char- 
acter, exaggerated affectibility as opposed to the apathy of the 
born criminal, and frequent repentance after the crime, some- 
times followed by suicide or reformation in prison. A larger 
percentage of tliem are women tlian among other criminals, 

' "The passions which excite these criminals are not those 
which rise gradually in the organism, as avarice and ambition,') 
b»it those which burst forth unexpectedly, as anger, platonic or 
Glial love, offended honor; which are usually, ^nen^us passions 
and often sublime. On the other hand, those which predom- 
inate in ordinarj' criminals are the most ignoble and the most 
ferocious, as vengeance, cupidity, carnal love, and drunken- 



But in them as in ordinary criminals are found sometimes 
traces of epilepsy and impul^ve insanity, shown by the impetu- 

> Op, ML, II, 135.  Op. oL, II, 153. > Op. ciL, U, 16&-166. 



/ 



INTRODUCTiON TO THE ENGLISH VERSION xxv 

osityy suddenness, and ferocity of their crimes. The frequency 
of suicide among criminals by passion also indicates a patho- 
logical state of mind. . 
/A special kind of criminal by passion is the political criminal. ) ' ^ 

**In nearly all political criminals by passion we have noticed 
an e xaggerated sensibi lity, a veritable hyperesthesia, as in the 
ordinary cnmmals by passion; but a powerful intellect, a 
great altruism pushed them towards ends much higher than 
those of the latter: it is never wealth, vanity, the smile of 
woman (even though often eroticism is not lacking in them, as 
in Graribaldi, Mazzini, Cavour) which impel them, but rather 
ihe great patriotic, religious, scientific ideals."^ 

Statistics show a much higher proportion than the average of 
insane persons among criminals, and therefore Lombroso deals 
next with insane crimina ls as a special class of criminals^ 

'*A study made upon one hundred insane criminals, chosen 
by pr^erence from those who had become insane before the 
crime, with the exception of the epileptics, has shown to me 
the frequency of the criminal type (that is to say, the presence 
of five to six characteristics of degeneracy, and especially out- . 
standing ears {oreilles h anse)^ frontal sinuses, a voluminous 
jaw and zygoma, a ferocious look or strabism, a thin upper lip) 
in the proportion of 44 per cent." * 

This fact, however, does not lead him to identify the insane | 
criminal with the bom criminal, but he finds numerous analogies 
between the two in the weight, height, skull, tattooing, etc., and 
also many psychological analogies in the manner of committing 
t crime. He connects certain kinds of crime with certain kinds 
of insanity. 

'*! have just mentioned the existence of certain kinds of 
insanity which reproduce each of the sub-speciies of criminality, 
so that to the juridical figure of incendiarism, of homicide, can 
be opposed the pi^chiatric figure of pyromania, homicidal mo- 
nomania, paradoxical sexuality, etc." * 

Thus he opposes to the juridical figure of theft the psychiatric 
figure of kleptomania; to habitual drunkenness, dipsomania: 

» Op. cU., U, 217. « Op. cU., H 254 • Op. cU,, H, 290. 



xxvi INTRODUCTION TO THE ENGLISH VERSION 

to rape and pederasty, sexual inversion; to crimes of lust, 
satyriasis and nymphomania; to idleness and vagabondage, 
neurasthenia. He then discusses the psychological differences 
between the born criminal and the insane criminal with respect 
to the different kinds of mental maladies, and to the differences 
in motives for crimes and in the manner of committing them. 
He finishes the study of the insane criminal with the study of 
three special kinds, — the alcoholic criminal, the hysterical 
criminal, and the criminal mattoid. I 

The last part of his work b devoted to the occasioufl 
criminal. Of this study he says: ^ 

" If I have been forced to delay for several years the publica- 
tion of Ibis book, it has been on account of this part in particu- 
lar; for, although in possession of numerous documents, direct 
contact with the facts failed me in the measure that I was trying 
to approach mj'self to them. The abundance of the facts also, 
their excessive variety, constituted for me a cause of uncertainty 
which prevented me from reaching a conclusion.'* ' 

The first group with which he deals b that of the [ 
cnffliQals. These criminals are those who commit i 
involimtarily, who commit acts which are not perverse or prt 
judicial to society but which are called crimes by the law, ^ 
comnut crimes under very extraon^arTF' circumstMices, t 
as in defense of the person, of honor, or for the sustenance a 
thefamil}'. I'TiTiese crimes are "rather juridical than real, I 
they ore created by imperfetrtions of the law rather than I 
those of men;^ they do not awaken an^' fear for the futiu 
and they do not disturb the moral sense of the masses." 
j The next group is that of the criminaloids. "Here the a 
Idntt, the all-powerful ocmsdon, draws onl,v those who are a 
' somewhat predisposed to evil," ' The occasions out of whi 
these crimes arise are the temptation to imitate, the consta 
opportunities offered by the commercial profes»on for fratu 
abuse of confidence, etc,, the associations of the prison, a p 
less iatrase tlian in the criminal by passion whidi draws  
D aknrty to cnme, the criminal couple, the stronger 



> 0^ «ik n, 4CL 



* Op. dL, Q. tM. 



»Or.tu..n,48&. 




INTRODUCTION TO THE ENGLISH VERSION xxvii 

member of which having evU tendencies perverts the weaker, 
epidemic allurement, etc. 

'*These are individuals who constitute the gradations between 
the bom criminal and the honest man, or, better still, a variety 
of bom criminal who has indeed a special organic tendency 
but one which is less intense, who has therefore only a touch of 
degeneracy; that is why I will call them criminaloids. But it is 
natural that in them the importance of the occasion determining 
the crime should be decisive, while it is not so for the bom 
criminal, for whom it is a circumstance with which he can dis- 
pense and with which he often does dbpense, as, for example* 
m cases of brutal mischievtmsness*^ ^ 

This position of the criminaloid between the bom criminal 
and the honest man is in harmony with all natural phenomena* 
"where the most striking phenomena are in continuity with a 
aeries of analogous phenomena less accentuated "; ' just as in 
the moral sphere we have genius, talent, intelligence, etc., and 
m the pathology of degeneracy the cretin, the cretinous, the 
sub-cretin, the idiot, the mattoid, the imbecile, etc. 

The third group of occasional criminals is that of the habitual 
criminal. 

'^The greatest number of these individuals is furnished by 
those who — normal from birth and without tendencies for 
a peculiar constitution for crime — not having found in the 
early education of parents, schools, etc., this force which pro- 
vokes, or, better said, facilitates the passage from this physio- 
logical criminality — which we have seen belongs properly to 
an early age — to a normal, honest life, fall continually lower 
into the primitive tendency towards evil." ' 

So that these individuals without an abnormal heredity are 
kd not by one circumstance offering the occasion for crime, but 
by a group of circumstances conditioning their early life into a 
career of crime. 

Associations of criminals, such as those of brigands, mafia^ and 
eamorra in Italy, and the "" black hand" in Spain, etc., contain 
many members drawn into crime by their associates. In the 
classes in which on account of wealth, power, etc., the condi- 

1 Op. eU., U, 512. * Op. eU., II, 513. > Op. cU., II, 534. 



xxviii INTRODUCTION TO THE ENGLISH VERSION 

tions are against the commission of crime, the criminal tendencies 
of those born with such tendencies remain latent or manifest 
themselves in other ways. Finally, there is a class of epileptoids 
in whom there is a substratum of epilepsy which sometimes 
forms the basis for the development of criminal tendencies. 

In the first edition of his work Lombroso gave excessive 
weight to bis anatomical and anthropometric data which was 
not veiy surprising, since they were the most ob\'ious and the 
most easily obtainable. This excessive emphasis laid upon the 
anatomical characteristics of the criminal led him to distin- 
guish but one type, — the criminal as an atav-istic phenomenon. 
This immediately called forth the charge of unilaterahty. The 
idea still exists that I^ombroso recognized but one type of 
criminal M-ho is the result of a single cause, namely, atavism. 
But the brief summary of his work which I have so far given 
is sufficient to disprove this. We have seen that in addition to 
studying the anatomical characterictics of the criminal he makes 
a lengthy study of his biological and psychological characteristiofl 
as well. In the later editions of his work he rejected in part t 
ata^nstic theory of crinje, no longer considering atavism as t 
only cause of crime, and adopted the theory of degeneracy i 
one of its causes. 

"In this edition I have demonstrated that in addition to t 
characteristics truly atavistic there are acquired and enti 
pathological characteristics; facial asj'mmetrj', for exampl^ 
wliich does not exist in the savage^ strabism, inequality of t 
ears, dischromatopsy, unilateral paresia, irresistible impul 
the need of doing evil for the sake of evil, etc., and this sini 
gayety which is noticeable in the professional slang of crimim 
and which, alternating with a certain religiousness, is found S 
often in epileptics. There may be added meningitis and softe 
ing of the brain, which certainly do not result from atavism." 

In his studies of moral imbecility and epilepsy he has del 
onstrated the analogic.': Iwtween these two and congenital crim 
inality. Though his identification of the moral imbecile witi 
the born criminal and of the bom criminal with the epileptie" 
may be disproved, his demonstration of the pathological like* 

1 Op. at., I, si-xii. 




INTRODUCTION TO THE ENGLISH VERSION xxix 

nesses of the three to each other is incontestible. In his study 

of the insane criminal he has exposed the characteristics of 

another very abnormal criminal type. He has demonstrated 

the abnormality of certain of the criminals by passion. In the 

criminaloid he has shown a criminal partially abnormal, who» 

however, will not commit a crime until a good opportunity pre- 

sraits itself. The habitual criminal, though bom without criminal 

tendencies, has them developed in him by the circumstances of 

his early life. Finally, in some of the criminals by passion and 

in the pseudo-criminal we find entirely normal persons who 

have committed crimes under very exceptional circumstances. 

Thus we see how very synthetic is his study of the characteristics 

o{ the criminal, since it ranges from the most abnormal to the 

perfectly normal, and there borders upon the study of the social 

causes of crime, which he takes up at great length in the work of 

which the present volume is a translation. 

The theory which is most closely connected with the name 
of Lombroso is that of the criminal anthropological type, that 
is to say, his theory that there is an anthropological type 
which corresponds to habitual criminal conduct. This has been 
the most contested idea in criminal anthropology and the one 
that has received the largest amount of discussion in books, 
congresses, etc. Though this idea of a criminal type had been 
suggested several times in the past, it was fully developed for 
the first time by Lombroso. We have already summarized his 
conoq>tion of the bom criminal who constitutes for him a dis- 
tinct criminal type. A quotation from his speech at the Congress 
o{ Criminal Anthropology at Turin in 1906 has shown that 
his early studies led him to regard the criminal as an atavis- 
tic type, as reproducing the characteristics of lower races and 
species. This theory, offered in his early works as an explana- 
tion of congenital criminal tendencies, was severely attacked on 
account of its unilaterality. These criticisms and his further 
lesearches led him, as we have seen, to modify his theory and 
to recognize degeneracy as the cause of congenital criminality. 
He even came to r^ard atavism as a form of degeneracy, as 
where he speaks of the criminal type as **the presence ef>sfive 

1 Op. CO., n, 264. 



XXX INTRODUCTION TO THE ENGLISH VERSION 

or six characteristics of degeneracy and especially: outstanding 
ears {oreiUes a anse), frontal sinuses, jaw and zygomas volu- 
minous, a ferocious look or strabism, thin upper lip." ' This 
recognition of degeneracy as a cause of crime has made Lom- 
broso's doctrine more catholic, so that it is much easier to con- 
nect the criminal with the social and physical conditions out 
of which he has evolved, but it is questionable, as we shall see, 
whether degeneracy can be regarded as a form of atavism. 

In order to make more distinct his conception of the criminal 
type he discusses the character of a type in general, as follows: 

"In my opinion, one should receive the type with the same 
reserve that one uses in estimating the value of areragea in sta- 
tistics. Wlien one says that the average life is thirty-two years 
and that the most fatal month is December, no one under- 
stands by that that everybody must die at thirty-two years a 
in the month of December." ' 

The tyf)e is, therefore, an abstract conception including t 
characteristics which are most common in a certain group c 
individuals. But this does not mean that every individual i 
the group must have all these characteristics. As Isidore C 
Saint-Hilaire has said: 

"The type is a sort of fixed point and common centre six 
which the differences presented are like so many deviations i 
different directions and oscillations varied almost indefinite 
about which nature seems to play, as the anatomists used fe 
say."* 

Applying this general conception of a type, it is evident t 
every criminal representing this type need not have all i 
characteristics. In fact, it is doubtful if any one criminal c 
did have all these characteristics. 

Furthermore, he discusses what percentage of criminals r 
resent the crintinal tMie. This number he places at about 4 
per cent. The objection has been made that it is impossibl 
to talk about a criminal tjTX- when 60 per cent of the crim 
do not represent it. to which he replies as follows: 



k 



> Op. eU., I, ix.  Quoted in Lombroeo, op. at., 1, 237. 



INTRODUCTION TO THE ENGLISH VERSION 

'*But, in addition to the fact that the figure of 40 per cent 
is not to be disdained, the . . . insensible passage from one 
diaracter to another manifests itself in all organic beings; it 
manifests itself even from one species to anomer; with more 
reason is it so in the anthropological field, where the individual 
variability, increasing in diiect proportion to improvement and 
to civilization, seems to efface the complete type.'* ^ 

We can give no more space to this summary of Lombroso's 
theory, but must now make certain comments and criticisms. 
Strange to say, Lombroso seems to have been somewhat ignorant 
of biology, and especially of the theory of heredity. This is 
indicated, for example, by the loose way in which he uses the 
tenn ** atavism." It is true that biologists recognize that 
atavism, or reversion, as they usually call it, takes place when 
there reappear in an individual of the present day character- 
istics of earlier types, if this reappearance is the result of he- 
reditary forces. That is to say, if earlier characteristics which 
have long remidned dormant reassert themselves in the germ 
plasm at the time of conception there is a true case of reversion. 
But it is very evident that many of the criminal characteristics 
which Lombroso calls atavistic are not hereditary in their origin, 
but are cases of arrested development either before or after 
birth. This is the case when he speaks of degeneracy as a form 
of atavism, for it is very evident that most if not all the char- 
acteristics he has in mind are not congenital. The fact that the 
individual has them at birth does not indicate necessarily that 
they are congenital, for they may be the result of arrested devel- 
opment during the ante-natal period of the life of the individual, 
hi other cases he calls characteristics atavistic which are simply 
habits which have been transmitted by social means. For ex- 
ample, he seems to regard the habit of tattooing as an atavistic 
trait, but tattooing is no more than a habit, which could not 
possibly be transmitted by hereditary means. This indicates 
that Lombroso may have believed in the hereditary transmis- 
aon of acquired characteristics, though he nowhere explicitly 
states his opinion as to this point. But he again and again 
^)eaks as if habits or the effects of habits are transmitted by 

^ Op. cU,, I, ix. 



xxxii INTRODUCTION TO THE ENGLISH VERSION 



hereditary means. The consensus of opinion of 
to-day is that no acquired characteristics can be transmitted 
by hereditary means, therefore Lombroso was very much in 
error in this respect. 

Lombroso believed that there is a criminal anthropological 
type, or rather that there are several such types which corre- 
spond to habitual modes of criminal conduct. Here again be 
seems to be holding the belief that acquired characteristics are 
inheritable, for otherwise it is inconceivable that any anthropo- 
logical tj-pe necessarily possesses certain habits. Such a type 
may possess congenital tendencies which make it more likely to 
acquire certain habits, but this is not necessarily the case. It is 
true that Lombroso recognized that environmental forces might 
prevent the individual from expressing these inborn tendencies 
to certain kinds of action in acts. But he laid too much emphasis 
upon the extent to which the habits of a person are determined 
by hereditary forces. 

But whatever may have been his faults, Lombroso was the 
great pioneer whose original and versatile genius and aggressive 
personality led in the great movement towards tlie application 
of the positive, inductive methods of modern science to the 
problem of crime, and who stimulated, more than any other 
man, the development of the new science of criminology. The 
breadth of his treatment of the subject of crime is nowhere 
illustrated better than in the present volume, in which a large 
number of the complejc causeji of crime are discussed. It is 
therefore to be hoped that through this volume the English- 
speaking world will acquire an adequate idea of his genius 
and of the great services he rendered to tlie study and treat- 
ment of crime. 

Maurice Pakueleb. 



J 



THE AUTHOR'S PREFACE 

To Max Nordau. 

TO you, as the ablest and best beloved of my brothers in 
arms, I dedicate this book. In it I attempt by means of 
facts to answ^ those who, not having read my '"Criminal Man'* 
(of which it is the necessary complement), nor the works of 
Pdmann, Kurella, Van Hamel, Salillas, Ellis, Bleuler, and 
otibers, accuse my school of having neglected the economic and 
social causes of crime, and of having confined itself to the study 
of the bom criminal, thus teaching that the criminal is riveted 
irrevocably to his destiny, and that humanity has no escape 
from his atavistic ferocity. 

Now, if this charge were true, the unfortunate nature of the 
tacts revealed could not be urged against the school which dis- 
covered them. But the truth is that, while the old jurists had 
nothing to propose for the prevention of crime more efficacious 
than the cruel and sterile empuicism of the prison and deporta- 
tion system, and while the most practical peoples have arrived 
at good results only sporadically and as the chance outcome of 
m^ystematic gropings, my school has devised a new strategic 
method of proceeding against crime, based upon a study of its 
etiology and nature. 

In the first place, the distinction which we have made be- 
tween the criminaloid, the occasional criminal, the criminal by 
passion, and the bom criminal, as weU as the study of the more 
important causes of crime, enables us to determine with precision 
the individuals to whom we can apply our curative processes, 
and the method appropriate to each case. 

l^th the bom criminal, to be sure, only a palliative treatment 
is possible. This is what I have called ** symbiosis," the attempt 
to utilize the criminal's evil propensities by diverting the course 
of the criminal instinct. The measures for the attainment of 
this object, however, can only be individual. 




THE AUTHOR'S PREFACE 



1 



But with criminaloids,' whose e\Tl propensities are not so 
deep seated, we may often hope for better results. Here again 
it is necessary to commence the treatment in early youth by 
what I should call moral nurture, which would withdraw the 
young crimiDala from the influence of depraved parents and 
from that of the streets, and place them on farms and in the 
colonies. 

In this matter legislation and sodal influences are of great 
importance. Thus emigration from overpopulated countnes 
toward those less thickly settled wards off one of the worst 
influences, that of a dense population; divorce prevents adul- 
teries, poisonings, etc.; while the war made upon drunkenness 
by religious associations and temperance sodeties, and through 
the enforcement of penalties, prevents much brawling and vio- 
lence. All this has been established by statistics. 

These directly preventive measuieis, it is true, do not aJways 
suffice. Since it is a need of cerebral stimulation that leads 
men to drink, and since this need grows with the progress of 
civilization, it is necessary to get at the root of the evil, and 
satisfy thi< need by means less dangerous than drink, such as 
show^ coffee-rooms, etc. 

But here another difficulty arises; nam^, that neariy aU 
the phj'^cal and moral causes of crime present a double aspect, 
often contradirtorj'. Thus there are crimes which are favored 
by density of population, like rebellion; and others, like brig* 
andage and homicide, which are occasioned by sparseness d 
population. So also while there are crimes caused by poverty, 
there are almost as man^' which are encouraged by extreme 
wealth. The same contradiction is obsert'cd when we pass from 
one cfMintry to another. Thus, while homicide decreases in 
Italy with the ioprease of peculation and wealth, in France this 
crime iacreases with the increase of these twxi factors, — a fact 
which is to be ^qilained by the great tnfluoice of alcoholism 
and of foidgn nuBigntioii.* 

Rdigioo, wUdt anoog Protectants appears to t»WMit many 
ones, IB taaaf GadoKe emmtria multii^es them, or at least 



J 



TEDS AUTHOR'S FBEFACB xxxv 

fails to prevent their increase. And if education appears to be 
useful in preventing homicide^ theft, assault, etc.» it very often, 
when too advanced, seems to encourage fraud, false testimony, 
and political crime.^ 

The difficulty is increased still more by the fact that, even if 
we find effective methods of combating the influence of environ- 
ment, it is not ea^y to apply them. It is possible, for example, 
to counteract the effect of heat upon the frequency of crimes 
q{ violence and immorality, by means of cold baths; but it is 
not easy to bring a whole section of the people to the bath- 
bouses or to the sea, as was done in ancient Rome, and as the 
practioe still is in Calabria. 

The statesman, then, who wishes to prevent crime ought to 
be edectic and not limit himself to a single course of action. 
He must guard against the dangerous effects of wealth no less 
tban against those of poverty, against the corrupting influence 
d education not less than against that of ignorance. In this 
U^rrinth of contradictions the only safe guide is the study 
of the criminal combined with the study of the setiology of 
crime. 

From all this we can understand the uncertainty and embar- 
rassment to which these contradictions expose our public offi- 
cials, and can see why men whose trade is law-making find 
tbat thdr most obvious recourse is the modification of a few 
pages of the penal code. This is why the prison, the worst of 
•n remedies (if we can call it a remedy at all, and not a poison), 
win always be applied as the simplest and most practical means 
of safety. It has antiquity and custom on its side, and these 
are points of great importance for the ordinary man, who finds 
it easier always to apply the same remedy than to find a num- 
ber of different remedies suited to differences of age, sex, and 
education. 

I have traced above only the outlines of the systc;m of crimi- 
ittl then^peutics which I intend to set forth in this book. But, 
* to tell the truth, it is not a system that is entirely new. 

It has been stated that certain practical nations, less smoth- 

' See sections 51, 52, and 160 of the present work. 



xxxvi THE AUTHOR'S PREFACE 

ered th&n our owd under a too glorious past, and for that reason 
less infatuated with the ancient codes, have already here and 
there arrived empirically, without knowing a word of criminal 
anthropolog>', at several of the reforms that I shall suggest. 
The asylum for the criminal insane, the truant schools, the 
"ragged schools," the societies for the protection of children, 
and the asylums for alcoholics, are institutions which, without 
being a part of the criminal code, have been apphed more or 
less completely in North America, England, and Switzerland. 
For these are happy countries, where religion is less a mass of 
dogmas and rites than an ardent war against crime, so that in 
these lands, and especially in London itself, where wealth, 
density, and immigration would naturally favor crime, the 
conquering march of criminahty has been checked. 

These attempts, however, being partial, scattered, and with- 
out coordination, lack the effectiveness in the eyes of the worid 
which proceeds from a complete demonstration, at once the- 
oretical and practical. Yet they have a great value, because 
partial apphcations always precede and prepare for a scientific 
codification; and also because, for timid spirits, they give to 
our reforms the most con\-incing sanction, — that of experience. 

What now lies before us is to complete and systematize these 
reforms in a final way, in accordance with the data of biology 
and sodologj-. It is this that I attempt to do in this book. 

C. LoMBBOeo, 

TnwN, 1906, 



TRANSLATOR'S NOTE 

WHLLE the present work is based upon Professor Lorn- 
broflo's French version, the Grerman translation of Dr. 
Eurdla and Dr. Jentsch has been found a valuable commen- 
taiy upon certain passages, and has been followed in the 
omission of some few notes and other details interesting to 
Italians only. The French work was published in Paris in 
1889, and i^pears to have been embodied by the author in his 
"LlJomo Delinquente'* as the third volume in its latest Italian 
edition. The Grerman translation was published in 1902. 

Henbt p. Hobton. 

Columbia, Mibbottbi, 

November, 1910. 



CONTENTS 



GDinAL iNTBODUCnON TO THE MODXKN CbIMZNAL SdBKCm SbBEB . . ▼ 

iKTBODUCnON TO THE EnGUBH VeBUON zi 

Thk Author's Pbetacb zzziii 

Tbabblatob's Note zzzvii 

JSmOLOGY OF CBIME 

Chapteb I. Mbtbobologigal and Cumatic Imflxtxnchb — Morthb — 
High Thicfkbatubbb 





1. 


v§ 


2. 


t I 


8. 


^i 


4. 




5. 




6. 


■^ 


7. 


n 


8. 


i 


9. 



Meteorological and Climatic Influences 

Extremes of Temperature 1 

Influence of Modeiltte Temperature 3 

Crimes and Seasotas 4 

Seasons \ 6 

Hot Years 8 

Cnminal Calendars 8 

ExoesriTe Heat IS 

Other Meteorological Influences IS 

f 10. Crimes and Rebellions in Hot Countries 18 

(. 
Cbaptkb n. Influence or Mountain Fobmation Upon Cbhie — 

Gboloot — SouiB Pboducing Goitbe, Malaria, Etc 17-80 

11. Geology 17 

12. Orograpl^ 17 

IS. Malaria 18 

14. G<ntious Districts 19 

15. Influence of the Mortality Rate 19 

Chaftkb m. Inflxtence or Race — Vibtuoub Savages — Cbdonal 
Centebs — Semitic Race — Greeks in Italy and in France — 
Cephalic Index — Color or Hair — Jews — GTPSiEa . . . 21-42 

1 16. Influence of Race 21 

/ 1 17. Criminal Centen ' 28 

1 18. Europe 20 



-"V 






/ 

! 



-Xl COXTTNIS 

|». AiMtm 

in. Itmlr 

|il. RKannaK* 

iiS. LiFht ud Dwk H«r 

H-k Jr»» 

its, GjrpM* 

CkAPi^ IV. CiTTLiuncw — B 

uncM— TuPuw — NcvEiKwCua 4S-W 

^ t Ml CiviSntii» and Bubuina IS 

'^ I <;. Ci««irftk« ci IVfaklka SS 

-»- *"J«S. TVPtmi M 

{M. NnCiiDM i7 

Caart^ V. DctMrr cw Kvt-VAnox — hBtxaxiKec am Ewmmiox 

— Bnn-IUra 49-75 

J^ i». IVwilT 04 K^coktim St 

i SI. iBBUfntit'o *B>i Em^tve SS 

f M. Krtb-ntr and Ima^ntka V 

I SS. llty wd Cmb»7 . ." « 

C^ATi^ M. SrMBSKn.'x ^Faheck Fucx cr Bkuv) 1V-8T 



I** 
i«- 

QUFTCB \n. Ala-vousm n-lH 

f ». Akv&.Jina sad Fo.>i jiu;^  

j^. Pmakk-vn EAn-t >.<( .U.-vih'!  

{ jt}. hc(wrain W 

i». Akv'bL'luci And (.^linr :>UtS)tu W 

4 to. FV^4^^«I tAvta M 

_;i *1. ?prt.-tlii- t.'nawtit; IK 

'i U. AnU^MUiiu M«««n .Ui'v^tilaKa uii Omm  Gnbed 

COUCITW » 

i Ul Pbfitxa! Pwi-xtSuMM W» 

JM. .Ut.-v'«i.-:ism,ud EvvhiUw 

} U^ T^-h<cvv 

fW. lUiiiak 

I •?. Mofphiae ' 

{Ul fpoiMMuK 

Cktfns nn. lsn.t.'i.\vic or E9i'<:.tTK« Trm C 

i W. nUtecavT aaJ Crinw 

I Ml Ditfwwa of SdunUw. Ibf Ad<tuti«» . 



; 1 *. in I 



CONTENTS Xli 

Page 

§ 51. Special Crimiiiality of the Dliterate and of the Educated ... Ill 

§ 52. Education in the Priaons 114 

§5S. Dangers of Education 114 

 

Chapter IX. Inflttsncx or Economic Condition — Wealth . 119-187 

§54 119 

§55. Taxes 119 

§ 56. Inheritance Taxes 122 

§57. Lack of Employment 124 

§58. Days of Work 124 

§59. Savings Banks 126 

§ 60. Savings in France 128 

§ 61. Agriculture and Manufacturing ISO 

§62. Wealth as a Cause of Crime 182 

68. Explanation 188 

§ 64. The Preponderance of Poor Criminals 185 



44 



Chapter X. Religion 188-144 

§65 188 

Chapter XI. Education — Illbgitimatb Children — Orphans 145-150 

§66. Illegitimate Children 145 

\9f. Orphans 147 

kios. Vicious Parentage — Education 148 

Chapter Xn. Heredity 151-174 

§ 69. Statistics of Hereditary Influence 151 

§70. Clinical Proof s 155 

§ 71. Elective Affinities 100 

§72. Atavistic Heredity in the Juke Family 161 

^ §78. Insanity of Parents 166 

§74. Epilepqr of Parents 168 

^§75. Alcoholic Heredity 169 

§76. Age of Parents 170 

§77. Synthesis 172 

* 

^WkbrXIII. Age — Prbcocitt 175-180 

§78. Age — Precocity 175 

§79. Supposed Scale of Crime 177 

§80. Cziminality at Different Periods of Life 179 

Chapter XIV. Sex — Phobtitution 181-192 

§81. ScE 181 

§ 81 Specific Criminality 188 



) 



> 

r 



zlii C0MTENT8 

|8S. PKMtitiitioii 1S5 

{84. Civilintiao 187 

185. ReddivisU 190 



Chaptkb XV. CiYiL Statob — 'FaofWEBBHOiH — Unemflotment 19$HM)6 

1 80. CivO Status W 

I 87. ProfenioDS IM 

1 88. Soldiers 001 

1 89. TbelDMme 803 

I 00. Avenioo to Woik £05 



Cbaftoi XVI. Phibonb — Nkwbpafebs — Imitation — Lsadkbs — 

Other Cauubb 800-tll 

I 91. Prisons '800 

92. Sensatiao 810 

1 98. Imitatiao 810 



o\ 



Chapter XVn. AasociATioNB of Cruhnaib and Theib Causm . 819-185 

{94 818 

I 95. Rdigioa — Morals — Politics tlS 

I 96. Barbarism 815 

I 97. Bad Government 816 

I 98. Weapons 817 

I 99. Idleness 818 

§100. Poverty 819 

1 101. Hybrid avilisation ttO 

{ 108. Wars and Insurrections 890 

1 108. Leaders tSt" 

1 104. Prisons 888 

i 105. Influence of Race 88S 

1 106. Heredity 88S 

1 107. Other Causes 994 



^ 
^ 



Chapter XVm. Caubbb of Political Crimeb 81 6 9l i 

il06 999 



f 109. Orography 



11 

ii 

fi 
ii 
ii 
ii 
11 
fi 
ii 



0. Points of Convergence 

1. Density 

8. Hcalthifulness — Genius 

8. Race^ 

4. Crossing of Races 

5. Bad Govemmtet 

6. Exclusive Predominance of One Class — Priests 

7. Parties and Divisions 

8. Imitation •• 

9. Epidemic Ideals • 




CONTENTS xliii 



120. Historic Traditions 884 

181. Inappropriiite Political Refonns 885 

188. Religion 886 

188. Economic Influences 887 

184. Taxes and Changes in the Currency 888 

185. Economic Crises 880 

186. Pauperism — Strikes 880 

187. Changes of Enyironment 841 

188. Occasional Causes 848 

180. War 848 



PROPHYLAXIS AND THERAPEUSIS -OF CRIME 

Chapteb I. Penal Substituteb — Cldiatk — Civilization — Dmm- 

nr — Scientific Police — Pbotogbafht — Identhication 845-854 

S180 845 

{181. Climate and Race 846 

1 188. Barbarism 848 

{188. Civilisation 840 

{ 184. Modem Police System 850 

{ 185. Methods of Identification 851 

^{186. The Press 853 

{187. Plethysmography 854 

Cbaptke n. Pbevention of Sexual Cbimeb and of Fraud . . . 855-864 

{188 855 

{ 180. The Prevention of Sexual Excesses 855<1 

{ 140. Legislative and Admimstrative Measures 858 

{141. Fraud 861 

Cbapixb hi. The Prevention of Alcoholum 865-874 

{148 865 

(148. Cure 878 

Cbaptee IV. Preventive Measures Against the Influence of 

Povertt and Wealth 875-801 

§144 875 

{145. Cooperation 878 

i 146. Charity — Benevolence 878 

f 147. London — Asylums, Refuges, Helps for the Poor 880 

§ 148. (1) Emigration Societies 880 

i 140. (8) Emphjrnent Societies 881 

1 150. (8) Orphanages 881 

1 151. (4) Institutions far Neglected Children 881 



i lU. (,S) SthooU 

I ISS. (0) Cartfot 

i IM. (T) IfirfiiaJ Jh{ SmMm 
1 155. Chuity in Latin Countrin . 

I IM. DoD B(Mco 

1 157. Dr. Bknuudo 

1 198. Tbe IndttctiTOMM <d Chuity 



CKAFTta V. RsuotOM . 



I 180. 

i 161. FamO; Eanntioo 

( 102. Applicatko at Psjcbiciogj to Befonnatiaa . , 

{ ISS. Anoriatians Atootig Quldim 

i IS«. Befonn SdiooU 

( 105. Edncktiotta] SIcUkkIi 

f IBS. Monl 'naming thnni^ Adoptiaii 

1 107. American Befonm — Plaong in tlie Country . 

J 188. Day Hcfonnatwiea for Childral 

iioa. "Bagged Sdtoob" 

{170. OtberEo^nhHeuuietforCliildm 

1 171. Bamaido'i In«titntk>u 

1 172. Medical Ttcatment 



Ckapt^ Vn. PaxmcnoN or Foutical Cantx . 



(173. 

( 174. Kadal .Affinity 

I 175. DecoittaliBtion 

I ITS. Cootert for Political SupRmary 

I 177. CnimBi Suffrage 

f ITS. Jbe Judiciary 

|IT». PMrMan'*Uwy«f — Lrgal.AidSocMtiea 

i ISO. <U>iGty to Otaagf Uie Laws 

f IM. BrfaraduD 

1 183. .Aidtaic Education 

{ IM. Economic DiacontHit 



CMAPtnt MIL Pnu. In 



J 185 

iim. Cdhdar PmoDs . . 
flST. Tbr Gndrd Syrtna 
1 188. Waga and Sa\-^r* 



M 



CONTENTS xlv 

Page 

1 189. Homes, etc.» for Released Convicts 844 

i 100. Deportation 846 

i 191. SurveiUance 851 

C^IAFTEB IX. AbBUROITIES AND CONTRADICTIONB IN CrDCINAL PbOCED- 

UBE 858-864 

§192 858 

§198. TheJuiy SS3 

§194. Appeal 857 

§195. Pardon 858 

§ 196. Criminological Prejudices 859 

§197. Erroneous Theories 861 

§198. Causes of this SUte of Things 868 



SYNTHESIS AND APPLICATION 

Chapter I. Atavism and Epilepbt in Crime and in Puni8Hmsnt . 865-884 

§199 965 

^ §«00. Atavism 865 

§«01. Epilepsy 869 

§ 202. Combination of Morbid Anomalies with Atavism 878 

§208. The Criminaloid 873 

§ 204. Crinunal Insane S7< 

§ 205. Criminals by Passion 876 

§ 206. Occasional Criminals 876 

2U- +207. Causes 876 

^ §208. Necessity of Crime 877 

§209. The Right to Punish 879 

CHipiEB n. Penalties According to Criminal Anthropology — 
Fines — Probation System — Insane Asylums — Institutions 
roE the Incorrigible — Capital Punishment 885-405 

§210 885 

y§211. Penalties other than Imprisonment 887 

^ § 212. Corporal Punishment — Confinement at Home 888 

§218. Fines 880 

§214. Indemnity 889 

§ 215. Reprimand and Security 890 

•^ § 218. Probation System — Conditional Sentence 891 

§217. The Reformatory at Elmira . . ^ 893 

§ 218. Asylums for the Criminal Insane 897 

^wiKBin. Penalties Anthropologically Adapted to the Sex, 

Age, Etc., of the Criminal, and to the Nature of the Crime 406-428 

§219. Sex 406 

§220. Abortion 407 



xlvi 



COMTENTB 



ttl. Infanticide 

ftStSL Age — Youtii ". 4» 

82S. OldAge 41& 

224. Criminals by Fkflrion . 419 

225. Political Criminals 4iim 

226. Occasional Criminals 41^ 

227. Aid to Siiidde 4W 

228. Defamation 4W 

229. The Duel 4W 

230. Adultery 4ir 

231. Criminakuds \ , . 41S 

232. Homo-serual Offenders 419 

283. Other Minor Offenses 41S 

234. Conq>licity 41# 

235. Habitual Criminals 419 

236. The Criminal Insane 4S0 

237. Incorrigible Criminals 4M 

238. The Death Penalty 



Chafteb IV. Pkactical Pboofb of thb Uthjtt of these Refobub — 
England — Switserland 

1 239 

I 240. Bom Criminals 



m 



Chapter V. Pkactical Appucation to the Cbiticibm of CBiMDffAL 
Law, to Expert Tebtdcont, Pbdagoot, Art, and Scdencb . 



§241 

§242. Political Crime 

§ 243. Application of Psychiatric Expert Testimony 

§ 244. Proof of Innocence 

§ 245. Pedagogy 

§246. Art — Letters 



m 



mf] 



Chapter VI. The Utiluation of Crdce — Stmbiosis 410 151* 



§247 

§248. Symbiosis 



411^1 



Bibuographt of the Writings of Cesare Lombroso on Cbimenal 
Anthropology 



Index 






1 

] 



i .i 









,• • • 



•  • 



CRIME: 

ITS CAUSES AND REMEDIES 

Vmrt One 

ETIOLOGY OF CRIME 



CHAPTER I 

lOTBOBOIiOGIGAL AND CXHCATIC INFLXTENCES — MONTHS — HIGH 

TEliPERATITBES 

S X. Meteorological and Climatic InflueApes 

EVERY crime has its origin in a multiplicity of causes, 
often intertwined and confused, each of which we must, 
in obedience to the necessities of thought and speech, investi- 
gate singly. This multiplicity is generally the rule with human 
pbeoomena, to which one can almost never assign a single 
cause unrelated to others. Every one knows that cholera, 
tyi^us, and tuberculosis have specific causes, but no one would 
venture to maintain that meteorological, hygienic, and psychic 
factors have nothing to do with them. Indeed, the best observ- 
ers often remain undecided as to the true specific cause of any 
given phenomenon. 

S a. Extremes of Temperature 

Among the determining causes of all biological activity are 
reckoned meteorological phenomena, and among these is heat. 
Thus the leaves of Drosera rotundifoliaf after having been 
immersed in water at 110^ F., become inflected and more sen- 
sitive to the action of nitrogenous substances; ^ but at ISO^ F. 

^ Darwin, "Insectivorous Plants." 



• 



• 



•. ..• 




r 



2;-. : CRIME; ITS CAUSES AND REMEDIES 152 

: Miey no longer show any inflection, and the tentacles are tem- 
porarily paralyzed, not regaining their mobility until immersed 
V in cold water. 

Physiology and statistics show that most human functions 
are subject to the influence of heat.' It is to be expected, then, 
that excessive heat wiU have its effect upon the human mind. 

History records no example of a tropical people that has 
- not fallen into subjec tion. Great heat leads to overproduction, 
which in turn becomes the cause, first, of an unequal distribu- 
tion of wealth, and then, as a consequence, of great inequality 
in the distribution of political and social power. In the coun- 
tries subject to great heat the mass of the people count for 
nothing; they have neither voice nor influence in the govern- 
ment; and though revolutions may often occur, these are but 
palace-revolutions, never uprisings of the people, who attadi 
no importance to them.' Buckle, among other reasons, finds 
an explanation iu the fact that the dwellers in hot countries 
need less food, clothing, and fuel, and hence do not possess the 
powers of resistance which dwellers in colder countries acquire 
in tlieir contest with nature. On this account tropical peoples 
are more inclined to inertia, to the use of narcotics, to the 
passive meditation of the Yogi, and to the extravagant asceti- 
cism and self-torture of the fakir. The inertia brought on by 
the heat and the constant feeling of weakness that follows it. 
renders the constitution more liable to convulsions, and favor* 
a tendency to vague dreaming, to exaggerated imagination, 
and, in consequence, to fanaticism at once religious and des- 
potic. From this condition of things flows naturally excesave 
licentiousness, alternating with excessive asceticism, as the 
most brutal absolutism alternates mth the most unrestrmne<l 
anarchy. 

In cold countries the power of resisting hardship is greater, 
owing {» the expenditure of energy necessary in procuring foodi 
clothing, and fuel; but just for that reason a visionary and un- 
stable charaoter is less frequent, the excessive cold making the 
imnginiiliaii iiuwtivc. the mind less irritable and less inconsti 



inconataalM 



31 METEOROLOGICAL AND CLIMATIC INFLUENCES 3 

lae contest with the cold consumes energy that would other- 
rise have been available for the social and personal activity of 
he individual. From this fact, and from the depressing effect 
fhich the cold exercises directly upon the nervous system, 
proceed the placidity and mildness of the inhabitants of the 
xdar regions. Dr. Bink depicts certain Eskimo tribes as so 
Mcific and placid that they have not even a word for "quarrel," 
Jieir strongest reaction to an affront being merely silence. 
Larrey notices that on the retreat from Moscow the snows of 
Russia made weaklings and even cowards of soldiers whom, 
up to that time, neither danger, wounds, nor hunger had been 
able to shake. Bove relates that among the Chukchi at 40^ 
bdow zero there are no quarrels, acts of violence, or crimes. 
Preyer, the bold polar traveler, notes how at the same tem- 
perature his will became paralyzed, his senses dulled, and his 
speech embarrassed.^ 

This explains why, not' only despotic Russia, but also the 
liberal Scandinavian countries, have rarely experienced rev- 
olotioiis. 

§ 3. Influence of Moderate Temperatures 

The influence which is most apt to produce a disposition 
toward rebellion and crime is that of a relatively moderate 
degree of heat. This is confirmed by a study of the psychology 
of the peoples of southern Europe, which shows us that they 
tend to be imstable, and to subordinate the interests of the com- 
munity and state to the individual. This is doubtless because 
Wt excites the nervous centers as alcohol does, without, how- 
ler, arriving at the point of producing apathy; and further 
because the climate, without removing human needs entirely, 
wduces them by increasing the productivity of the soil and at 
tk same time diminishing the necessity for food, clothing, and 

tIo<^lic dri^y^. In the dialect of Parma the sun is called the 

**Pather of Ragamuffins." 
, Daudet, who has written an entire novel ("Nouma Rou- 

'itttan*') to depict the great influence of the climate of southern 

ftttope ap6n conduct, says: 

» Petennann, " Mitteilungen," 1876. 

I 

I. 






4 CRIME: ITS CAUSES AND REMEDIES [H 

"The Southerner does not love strong drinks; he is intoxi- 
cated by nature. Sun and wind distil in him a terrible natural 
alcohol to whose influence every one born under this sky is sub- 
ject. Some bave only the mild fever which seta their speech 
and gesture free, redoubles their audacity, makes everything 
seem rosy-hued, and drives them on to boasting; others live 
ID a blind delirium. And what Southerner has not felt the 
sudden giving way, the exhaustion of his whole being, that 
follows an outburst of rage or enthusiasm?" 

Neri Taufucio ("Napoli a Colpo d'Occhio") remarks that 
inconstancy is a characteristic of the southern peoples, 

"One at first considers them naive, until suddenly one per- 
ceives that they are finished rascals. They are at the same time 
industrious and lazy, sober and intemperate; in short, their 
character, at least among the lower classes, has such different 
aspects and changes so rapidly, that it is impossible to fix iU 
The climate favors the loss of modesty. The people are prolific; 
the thought of the future of their children does not terrify them. 
The lazzarone steals when he has a chance, but never when 
there is any risk to be incurred. A boaster, he promises ten 
things, and performs one. If he falls into a quarrel, he shouts 
and gesticulates to arouse fear, although he is afraid himself; 
he tries to avoid actual fighting, but becomes wild if it comes 
to actual blows. Jealous, he slashes his wife's face if he doubts 
her. Independent, he can endure neither hospitals nor asylums. 
When he has work, he does it well. He feels a strong affection 
for his family, contents himself with little, and does not become 
intoxicated. Crafty, mendacious, and timid, his existence is a 
series of petty frauds, deceits, and acts of beggary. To get a 
few cents in alms he is capable of kissing your shoes without 
feeling himself humiliated thereby. His science is supersti- 
tion. Meeting a hunchback or a blind man conveys a quite 
definite augury. His ideas move in the small circle of God, 
devil, witches, evil eye. Holy Trinity, honor, knife, theft, orna- 
ments, and — Camorra. The masses fear ti\is last, bill re- 
spect it. For they feci that this despotic powei'-jirotects them 
agfdnst the other despots. It is the only authori% from whieh 
they can hope for anything that resembles juatice"" 



5 4. Crimes and Seasons 
The influence of heat upon certain crimes 
CO m prehensible . 

It is brought out in Guerry's statistics that the c: 




{4] METEOROLOGICAL AND CLIMATIC INFLUENCES 5 

(X!curs in England and France oftenest in the hot months; and 
Curdo has observed the same thing in Italy. 



January 

February 

March 

April 

Ity 

June 

July 

August . . . ^ . . . 
September ...... 

October 

November *, 

December* * 






Rapes committbd in 



England 
(1834-56) 



Percent 

5.25 

7.39 

7.75 

9.21 

9.24 

10.72 

10.46 

10.52 

10.29 

8.18 

5.91 

3.08 



France 
(182^-60) 



Per cent 

5.29 

5.67 

6.39 

8.98 

10.91 

12.88 

12.95 

11.52 

8.77 

6.71 

5.16 

4.97 



lUly 

(1869) 



Total number 
26 
22 
16 
28 
29 
29 
37 
85 
29 
14 
12 
15 



T-' : 

In Englapd, according to Guerry, and in Italy, according to 
Cuicio, the maxijmun number of murders falls in the hottest 
months. ^^^TherejKcurred : 



1 



^J^ ' f '. % 



AtfE^oat'. 
^ Kofuai^w. 



Ifardi 

Deoember 

lamiaiy 




Italy 
(1869) 



807 

301 

843 

288 

254 

278/^ 

23^ 

237 



Poisoning also, according to Guerry, occurs oftenest in May. 
Hie same phenomenon is to be observed in the case of rebellions. 
In studying (as I have in my "Political Crime") the 8S6 up- 
MngB that took place in the whole world in the period between 
1791 and 1880, one finds that in Asia and Africa the greatest 



^r 



6 CRIME: ITS CAUSES AND REMEDIES [sl 

number falls in July. In Europe and America the greater prev- 
alence of rebellions in the hot months could not be more 
clearly marked. In Europe the maximum proved to be in 
July, and in South America in January, which are respectively 
the two hottest mootlts. The minimum falls in Europe in 
December and January, and in South America in May and 
June, which again correspond in temperature. 

If now we pass from the whole oE Europe to the particular 
countries, we still find the greatest number of uprisings in the 
hot months. July leads in Italy, Spain, Portugal, and France; 
August, in Germany, Turkey, England, and (with March) in 
Greece. March leads in Ireland, Sweden, Norway, and Den- 
mark; January, in Switzerland; September, in Belgium and 
the Netherlands; April, in Russia and Poland; and May. in 
Bosnia, Herzegovina, Servia, and Bulgaria. From this the 
influence of the hot months would seem to be greatest in the 
countries of the South. 

S 5. Seasons ^H 

Bringing together by seasons the data of uprisings in Euk^)^^ 
during a hundred years, we get the following: 


 


1 


1 


1 


1 


, 


S 


I 


1 




1 


1 

1 


1 


1 


If 


, 


i- 

i 


Spring , 

Autumn 
WiatPT. 


i3 

38 
18 
80 


27 

ea 

14 
18 


12 
1 
6 


9 
5 


8 
7 
S 
3 


16 7 

SO, a 

15 1 6 

10 e 


5 
10 


3 

4 


6 
3 

S 


9 
4 


7 
11 

4 

3 


3 
6 

7 
i 


4 
4 
i 

i 


e 3 
1 1 

i ■£ 
1 1 > 


From this it appears that summer holds the first place in th^ 
case of five nations, among them all those of the South, ba- 
the case of four, including the most northerly, it is spring tha*^ 
 leads; in one case (Austro-Hungary) it is autumn; and in on^ 
B other (Switzeriand) it is winter. We find, further, that &v^^ 
^^ times, and principally in the hottest countries, 'the winter ha^ 



§ 5] METEOROLOGICAL AND CLIMATIC INFLUENCES 7 

more revolutions than the autumn; eight times it has fewer, and 
three times an equal number. 

If we consider America, especially South America (remember- 
ing that January there corresponds to our July, and February 
to our August) we shall find; 





America 


Europe 


Spring 


76 

54 
Gl 


list 






Winter 









We see, then, that in both hemispheres summer takes the 
£rst place, while spring always surpasses both autumn and win- 
ter, doubtless, as with crimes, because of the first heat, but also 
because of the diminution of the food supply. Autumn and 
winter, on the contrary, differ little in the number of revolu- 
tions, winter giving in America seven more than autumn, and 
in Europe two fewer. 

With regard to crimes, also, spring and summer stand plunly 
in the first rank. Guerry gives the following figures for the occur- 
rence of crimes agunst persons: 





Id England 


In France 




e6.eo% 


87.31% 
BO.80% 


^Vring^.^ 







Benoiaton de Chateneuf points out that duels in the army 
are more frequent in the summer.* 

I have proved that the same influence manifests itself in the 
«aae of men of genius,' 




CRIME: ITS CAUSES AKD REMEDIES 



araaei- 
iSere^H 

greate^^ 



{ 6. Hot Tears 

Ferri, in his "Crime in its Relation to Temperature," 
proved from a study of the French criminal statistics from 
1825 to 1878 that one can deduce an almost complete parallel- 
ism between heat and criminality, not only for the diSere 
months, but also for years of different degrees of heat. The n 
fluence of the temperature on crime from 1825 to 1848 appt 
to be very pronounced and constant, and is often even greate 
than that exercised by agricultural production. Since 1848, 
notwithstanding the more serious agricultural and political dis- 
turbances, the coincidence between temperature and criminality 
becomes from time to time plainly apparent, especially in the 
case of homicide and murder. This coincidence is to be noted 
especially in the years 18?6, 18^9, 1831-32, 1833, 1837. 1842^ 
1844-46, 1846, 1858, 1865. 1867-68. 

The connection comes out much more plainly, however, i 
the statistics of rape and offenses against chastity, which folia 
to an even greater degree the annual variations in temperatoi 
This may be seen from the following table: 



¥e«r 


Temperature 


Cue. of. 


18S0 


89' F. 


4S0 >-• 


1SS2 . 
1848 . 




95° 
88" 


^ [h.^* 


IBM . 




91- 


500 ) 


IMS . 




89" 


S80 1 


1352 . 
1871 , 




95° 
90' 


S Up- 


187* 




100° 


850 ) 



[ 



As regards crimes against property there is a marked incr 
in the winter {theft and forgery being most abundant in Januj 
while the other seasons differ little from one another. I 
influence of the weather is entirely different. Needs i 
while the means of satisfying them diminishes. 

S 7. Criminal Calendars 

Lacassagne, Chaussinaud, and Alaury, in confirmation of tl 

contention, have constructed, with the aid of the statisticaj 



§7] METEOROLOGICAL AND CLIMATIC INFLUENCES 9 

each individual crime, real criminal calendars upon the model of 
the botanists' calendars of flora. 

Among the crimes against persons, infanticide holds the first 
place in the months of January, February, March, and April 
(647, 750, 783, 662) ; which corresponds to the greater nimiber 
of births taking place in the spring. This nimiber falls off 
somewhat in May, and considerably in June and July, to in- 
crease again in November and December, through the influence 
of the Carnival,^ In the months named we find illegitimate 
births occurring with great frequency (1100, llSl, 1095, 1134), 
as well as abortions. Homicides and assaults ^ reach their max- 
imum in July (716). Parricides,* on the contrary, are more 
numerous in January and October. 

June is the month in which appears the greatest influence of 
the temperature upon the number of rapes practiced upon 
children. May, July, and August coming after it (2671, 2175, 
2459, 2238). The minimum falls m December (993), followed 
by the other cold months; while the monthly average is 1684. 
Rapes upon adults do not follow the same course. Their maxi- 
mum is in June (1078), the minimum in November (534); they 
increase ujk December and January (584), apparently as a result 
of the Carnival; they remain stationary in February (616) and 
iiu^rease in March and May (904), while the monthly average 
is 698. 

Assaults are djstributed irregularly because they are least 
influenced by the, climate; they increase in February (931), 
decrease during the following months (840-467), to rise again in 
May (983), June (958), going down in July (919), rising once 
more in August (997) and September (993), to undergo a new 
decrease in November and December (886). 

In the case of crimes against property the variations are not 
^ pronounced, though they are more numerous by 3000 cases 

' To avoid awkwardness of expression the term asaatiU will be used for 
'■■nilts other than those peculiarly against women, the original being 
woat equivalent to our "assault and battery." — Transl. 

' The French parricide, like the Italian parricidio, includes the murder 
^Ottr relatives other than antecedents. As the argument will not be 
^Mted, however, the English cognate will be used throughout this trans- 
.— Transl. 



10 CRIME: ITS CAUSES AND REMEDIES [§7 

in December and January (16,879 and 16,396) and in the cold 
season generally, than in April (13,491) and in the hot season, 
(The monthly average is 14,630.) Plainly it is not here a ques- 
tion of the direct effect of the cold, but rather of an increase of 
needs in winter and a diminution of the means of satisfying 
them, so that the motives for theft are more abundant. 

From the investigations of Maury,' it is possible to arrive at 
the following conclusions with regard to the individual months: 
In Marcli infanticide holds the first place, accounting for 119S 
crimes out of 10.000; then come in order, rape (1115 cases), 
substitution of children and concealment of birth (1019). kid- 
napping (1054), and threatening letters (997). 

In May, vagrancj- comes first (1257), then rapes and offenses 
against chastity (1150); then comes poisoning (1144), and finally 
rape of minora (1106). This last crime, under the influence of 
the heat, rises abruptly to the fourth place in May. having 
been only thirty-fifth in March and tenth in April, and reaches 
the second place in June, with 1303 cases. In June the first 
place is held by the analogous crime of rape upon adults (1313). 
The foiirth place, also, belongs to a sexual oflense, abortion 
(1080), while parricide occupies the third place (1151), 

In July, rape of minors rises to the first place (1330), and the 
other most numerous crimes are of a similar kind, — kidnapping 
(1118) and offenses against chastity (1093). In the third place 
come bodily injuries to blood relatives, with 1100 coses. In 
August, sexual crimes recede to the third place, yielding ttie 
first to crop-burning. This, however, is caused not so much by 
the temperature as by the opportunity; for at the harvest time 
it is easiest for the workman to revenge himself upon the land- 
lord. However, as Maury rightly obser\'e3,*the heat b not with- 
out its responsibility for the appearance of this passionate 
tendency. These crimes may be responsible for the fact that 
perjury becomes rarer than subornation of minors. 

In September, brutal passions become less violent, sexual 
assaults upon children move to the fifteenth place, and those 
upon adults to the twenty-fifth; while theft and breach of trust 
take the fouri:h place. 

' "Le Mouvement Moral de la SociiW," 



^ 



§ 7] METEOROLOGICAL AND CLIMATIC INFLUENCES 11 

Embezzlement and bribery have the first place in September 
and October, for in those months rents fall due and accoimts 
are settled. The numerous substitutions and concealments of 
new-bom children correspond to the greater number of 
births. 

From October to January, murder, parricide, and highway 
robbery are more frequent, since the nights are long and the 
fields deserted. In November, business resumes its full activity, 
and, as a consequence, falsification of accounts and bribery 
increase. 

In January, the passing of counterfeit money and the robbing 
of c hurc hes take the first place, apparently on account of the 
dark days. In February, infanticide and the concealment of 
birth break out again, corresponding to the increased birth-rate. 

Sexual crimes, having fallen in October to the twenty-eighth 
place, and rapes upon adults to the twenty-ninth, rise in Novem- 
ber to the twenty-fourth and twenty-sixth places respectively. 

There can be no doubt of the influence of heat upon crimes 
of passion. I have proved this in another way: first, by con- 
sulting the registers of five great Italian prisons, where the pun- 
ishments inflicted were for rioting, fighting, and violence against 
persons; and, secondly, from the observations made by Virgilio 
m the penal institution at Aversa during a period of five years. 
The following figures show that acts of violence are much 
more numerous in the hot months: 

May S46 October 368 

June 522 November 364 

July 503 December 352 

August 433 January 362 

September 508 February 361 

One obtains similar figures in insane asylums by keeping ac- 
count of the acute attacks of the insane. 

1867 1868 

The maximum in September 460 191 

" June 452 207 

" July 451 208 

•• minimum " November 206 206 

" February 205 121 

" December 245 87 

" January 222 139 



12 CRIME: ITS CAUSES AND REMEDIES [5§8j 

S 8. Excessive Beat 

Excessive heat, on the contrary, especially when coupled 
with humidity, exercises a slighter influence. Corre observed 
with regard to the crimes of tlie Creoles in Guadoloupe that 
when the maximum temperature is reached {July 5th, 85°) there 
is the minimum of crime, especially against persons; while in 
March (with a temperature of 62°) there is the maximum num- 
ber of criminals. We have here, then, an inversion like that 
which too great heat produces in the case of revolutions, and 
this because moist heat, when excessive, acts as a depressant, 
while moderate cold, Qn the contrary', acts as a stimulant. 

There were: 

In the hot season la the cool Kuon 



Corre obser\'es also that the month of June furnishes the 
largest number of crimes against persons, and January the 
smallest. 



S 9- Other Meteorological InfluenccB 
Superintendents of prisons have generally observed-that the 
inmates are more escited when storms are approaching, and 
during the first quarter of the moon. I myself have not suflS- 
cicnt data to prove this; but as the insane, who have numerous 
points of contact with criminals, are very sensitive to the inSu- 
ence of temperature and respond quickly to the variations of 
the barometer and of tlie moon, it is therefore very probable 
that the same is true of criminals.' 

One fact, however, has proved to me that organic influences 
are at work at the same time as meteorological. For several 
years I have noted day by day the criminals received into the 
jails of Turin, and have always found that upon corresponding 
days in different years there have entered a remarkable number 
of individuals (10 to 15) with the same bodily peculiarity, per- i 
sons who had hernia, or were asymmetric, blonde or brum 

' See "Peofflero e Meteore" (C. Lombroao, Milftn, 1S78). 



§10] M£TEOBOIX)GICAL AND CIJMATIC INFLUENCES 13 

though often commg from different provinces. Entirely differ- 
ent groups were to be found within the days of the same week» 
when, therefore, there was no significant change in the influence 
of the temperature. 

In recent years economic and political influences have come 
to the front and have reduced meteorological causes to the 
second rank. Thus, in France, the effect of the mean annual 
temperature upon revolts, evident in the past, has decreased in 
the last few years; while northern Europe (Russia, Denmark), 
on the other hand, although under the same climatic condi- 
tions, has had several uprisings. But, nevertheless, the effect 
of the weather cannot be doubted. 

§ zo. Crimes and Rebellions In Hot Countries 

In all this the preponderant influence of temperature is plainly 
evident, even if it is not exclusive; and this may be seen still 
better from the geographical distribution of crimes 'and poli- 
tical rebellions. 

In the southern parts of Italy and France there occur many 
more crimes against persons than in the central and northern 
portions. We shall return to this fact again in speaking of 
brigandage and of the Camorra. Guerry has shown that crimes 
against persons are twice as numerous in southern France (4.9) 
as in central and northern France (2.7 and 2.9). Vice versa^ 
crimes against property are more frequent in the north (4.9), 
than in the central and southern regions (2.3). 

In Italy there occur — 



Fob each 


100,000 Inhabitants 






Indictments 
for crime 


Homicides, 
highway rob- 
beries with 
homicide 


Aggravated 
theft 


Nivthem Italy 

Centnl Italy 

Souiheni Italy 

Insular Italy . . . ^ • • • 


746 

862 

1094 

1141 


7.22 
15.24 
31.00 
80.50 


143.4 
174.2 
143.3 
195.9 



14 CRIME: ITS CAUSES AND REMEDIES [5 10 

Liguria, simply because of its warmer climate, shows a 
greater number of crimes against persons than the rest of north 
Italy. In the period from 1375-84 the maximum number of 
crimes was furnished by Latium, and the next highest number 
by the islands. The minimum occurred in the north, with 3li 
crimes to the 100,000 inhabitants in Piedmont and 689 in 
Lombardy, while Latium showed 1537, Sardinia, l:i93, and 
Calabria, 1287. We find the greatest number of homicides 
exclusively in the south, and upon the islands. In Russia, in- 
fanticide and stealing from churches are most numerous in 
the southeast, while homicide, and especially parricide, occurs 
with a frequency that increases as one goes from the northeast  
to the southwest (Anutschin). Holtzendorff' estimates thai I 
murder is fifteen times as frequent in the southern States of 1 
North America as it is in the northern States; so in the north 
of England there is one homicide to 68,000 inhabitants, and in 
the south one homicide to from 4000 to 6000 inhabitants. In 
Texas, according to Redfield, in 15 years there were 7000 
homicides to 818,000 inhabitants. Even the school children 
were frequently provided with dangerous weapons. 

In studying the distribution of simple and aggravated homi- 
cides in Europe, we find the highest figures in Italy and the other 
southern countries, and the lowest in the more northerly regions, 
England, Denmark, Germany, The same can be said of polit- 
ical uprisings in all Europe.* We see, in fact, that the number of 
crimes increases as we go from north to south, and in the same 
measure as the heat increases. We find the maximum in Greece, 
which, with a population of ten millions, shows ninety-five revo- 
lutions; and the minimum in Russia, for which, on the basis.ot 
the same population, the number would be only .8. We note 
that the smallest number is to be foimd in the northern coiv 
tries, England and Scotland, Germany, Poland, Sweden, Nor- 
way, and Denmark; and the largest in tlie southern countries, 
Portugal, Spain, Turkey in Europe, and southern and centrtl 
Italy; and intermediate numbers in the regions lying between. 
Grouping the figures in this way we find: 



§ 10] METEOROLOGICAL AND CLBIATIC INFLUENCES 15 



In northern Europe about 12 revolts to 10,000,000 inhabitants 
In central " " 25 " " 10,000.000 

In southern " " 56 " " 10,000,000 



Considering Italy separately we find: 



In northern Italy, 27 revolts to 10,000,000 inhabitants 
In central " 32 " " 10,000,000 
In southern " 83 " " 10,000,000 

(Including 17 in Corsica, Sardmia, and Sicily) ^ 

Arranging these crimes by degrees of latitude and figuring 
their ratio to the population we arrive at the following table: 





Spain 


Italy 




To 100,000 inhabitants 




Number of crimes 


Number of indictments 


Degrees of 


committed 


for crime 


latitude 








Revolts 
against 
officers 


Climes 
against 


Resistance 
to officers 


Homicidef 




of the law 


persons 






From 36** to ST* 


14 


74.3 


 • • 


• • • 


" 87** " 38* 


12 


112.1 


86.7 


39.9 


" 88** •• S9** 





58.5 


42.0 


32.8 


" 89* " 40* 


3 


48.4 


30.6 


30.0 


« 40* " 41* 


11(1) 


72.4 


37.8 (3) 


31.9 


« 4lo " 42<» 


9(2) 


39.7 


36.8 (4) 


28.7 


« 420 " 430 


6 


31.2 


32.7 


20.9 


*• 43* " 44* 


5 


29.7 


18.7 


14.1 


« 44* " 45* 


• • • 


• • • 


19.8 


9.2 


" 45* " 46* 


• • • 


•  • 


19.2 


5.8 


- 46* " 47* 


• • • 


• • • 


16.2 


5.8 



From this table the influence of the climate is plainly to be 
seen; it is modified only by the influence of the capital (1 and 
2) and other great cities (3 and 4). Aggravated theft occurs 
in Spain in the north (Santander, Leon), in the south, and 
ni the center with nearly equal frequency; as often in Cadiz 



^ ^ These facts as to homicides and revolts both are confirmed in the 
Statistique Decennale de la Criminality en Italie,'' published by Bodio, 
«jdinthe "Stat. Crim. de rAnn6e,1884, pour TEspagne," published by 
UK Spanish minister of justice, Madrid, 1885. 



16 CRIME: ITS CAUSES AND REMEDIES [§10 

as in Badajos, Caceras, and Salamanca, because this crime de- 
pends less upon climate than upon opportunity. For the same 
reason infanticide and parricide are more numerous in the cen- 
tral provinces (where the capital is) and in the north. The same 
is true in France and Italy and in Europe generally. In Italy 
we see from the investigations of Ferri that in all southern Italy 
and the islands, with the exception of Sardinia, the influence 
of the heat is dominant in the number of simple homicides, and, 
with the added exception of Forh, in the cose of aggravated 
homicides also. So, likewise, murders increase in southern Italy 
and the islands, with the exception of the regions colonized by 
the Greeks, the provinces of ApuUa, Catania, Messina, etc 
Assaults also vary according to the same law, except in the case 
of Sardinia, where they are less numerous than would be ex- 
pected, and of Liguria. where they are more so. Parricides 
follow a similar course. They are very numerous in southern 
and insular Italy, with the exception of the Greek portion, but 
very numerous also in the heart of Piedmont. Poisonings 
abound equally in the islands and in the heart of Calabria, but 
here the climate is plainly not responsible. Infanticide is like- 
wise very frequent in Calabria and Sardinia, but it rages also 
in Abruzzo and Piedmont, showing itself to a certain extent 
independent of the climate. Highway robbery accompanied by 
homicide is, for the same reasons, very abundant in up| 
Piedmont, in Massa and Port Maurice, as upon the eiti 
boundaries of Italy and in the islands. Aggravated thi 
common in Sardinia and Calabria and at Rome, shows ano) 
maximum at Venice, Ferrara, Rovigo, Padua, and Bolof 
and is accordingly almost independent of the climate.' 
same climatic principle holds in France, where murders 
homicides are most prevalent in the south, with some 
tions that may be explained by racial influence. Parricide 
infanticide, on the contrary, are most numerous in scatt< 
districts in north, center, and south alike, not from any 
influence, but essentially because occasional causes are at 
in these places. 

' Fern, "Omicidio," 1895. 



CHAPTER n 

INFLUENCE OF MOUNTAIN FORMATION UPON CRDfE — GEOLOGY 
SOILS PRODUCING GOITRE, MALARIA, ETC.^ 

§ zz. Geology 

f 

MY earlier investigations showed me that geological con- 
ditions have very little influence upon political crime, 
and that, accordingly, in France uprisings are equally frequent 
upon the different formations, aside from a sUght divergence 
in the case of the Jurassic and Cretaceous.^ 

The same remark applies to crimes against persons in France, 
where for a period of fifty-four years we find the following dis- 
tribution of these offenses, in departments predominantly 

Jmaasic and Cretaceoua 21% 

Granite 19% 

Clay n% 

AUuvial «1% 

The same proportions, with almost no differences, hold for 
crimes against property. 

§ za. Orography 

Upon investigating the relation of the general conformation 
of the country to frequency of crimes against persons, we find 



^ The material for the following chapter is drawn from the excellent 



'"Criminal Statistics" of Bodio. and ttie remarkable topographical and 




^mnelle de France/' Lyons, 1881; De Collignon, ''Contribution k 
F&ude Anthropologique de Population FranQaise/' 1893; Id.^ ''Indice 
OepbaGque suivant le Crime en France/' Arch. d'Anthrop. Cnm., 1890; 





^ahoo dep^ Italiani," Rome^ 1890. — For the statistics of convictions: 

Oompte CSimineUe de la Justice en France/' 1882 (containing the num- 

wrof qraiTictions for the period from 1826 to 1880); Socquet, ^'Contribu- 



^i Y&ade Statistique de la Criminality en France, de 1^76 k 1880/' 
«*, WW: Joly, "La Prance CrimmeUe/' 1890. 
* See "Dflit Politique/' p. 77. 



1 



18 CRIME: ITS CAUSES AND REMEDIES [§ 

that during fifty-tour years the mimtnuiu. 20%, occurred in 
level eountrj'; the mean, 33%, in departoients that were }dBy, 
while the maximum, 35%, occurred in mountainous departments. 
This is without doubt due to the fact that the mountains offer 
more opportunity for ambuscades, and also breed a more active 
race. I have no doubt that there is an actual connection between 
criminality and a greater activity, for I have found the same 
dbtribution to hold true in France for genius and for revolu- 
tionary tendencies, both being more frequent in the moun- 
tainous departments and less so in the plains.^ Rape, while 
almost equally common in the mountains (35%) and among the 
hills (3S%), is much more common in the level country (70%), 
certainly because of the greater and denser population result- 
ing from the large cities. The same maj' be said about crimes 
against property, and for the same cause; for these crimes re- 
verse tlie order of frequency given for crimes against persons, 
and while reaching 50% in the plains, show 47% in the hilly 
departments, and only 43% in the mountains. In Italy this 
orographic connection is less clear. We find the maximum of 
crimes against property (201 to 100,000 inhabitants) in the 
valley of the Po on the one hand, and in the mountain and coast 
districts of Calabria and Leghorn on the other. In Tonquin 
piracy is favored by the system of irrigation, which facilitates 
the operations of bandits on the sea coast.' 

S 13, Malaria 

Of the districts of Italy that are most visited by malaria, where 
between five and eight to the thousand of the population die 
of it (Grosseto, Ferrara, Venice, Cremo, A'ercelH, N'ovara, Lan- 
ciano, Vaste, San Severo, Catanzaro, Lecce, Foggia. Terracina, 
and Sardinia), five out of the thirteen, Grosseto, Ferrara, Sa^ 
dinia, Lecce, and Terracina, show the maximum number of 
crimes against property. On the other hand there seems to be 
no connection lietween the occurrence of malaria and of homi- 
cide. In southern Sardinia, where malaria is most frequent, 
there are fewer crimes of this character, and also fewer sexual 

' See "Crime Politique," ch. iv. ' Cone, ' 



§§ 14, 15] MOUNTAIN FORMATION UPON CRIME 19 

crimes, than in the northern part. The same is true of France, 
where those departments that are most scourged by malaria 
(Morbihan, Landes, Loire-et-Cher, Ain) show the smallest 
number of homicides and rapes. 

§ 14. Goitrous Districts 

The great districts of Italy in which goitre and cretinism 
are indigenous, and in which the soil has great influence on the 
health and intelligence of the inhabitants (like Sondrio, AosJ^ 
Novarra, Cuneo, and Pavia), show no corresponding degree of 
criminality. All have less than the average number of homi- 
cides, of thefts, and (with the exception of Sondrio) of sexual 
offenses also. The same remark can be applied to the goitrous 
districts of France, of which the majority have only from 1.0 to 
5.7 homicides to a million inhabitants. Only in the departments 
of Basses and Hautes Alpes and Pyrenees Orientales is the 
niunber of homicides greater (9.76 to the million). For theft, 
also, the goitrous districts show very low figures, with the ex- 
ception of the departments of Doubs, Vosges, and Ardennes. 
It is worthy of note, however, that in almost all goitrous dis- 
tricts there is to be observed in the performance of crimes a 
greater degree of cruelty, mingled with lasciviousness. 

§ 15. Influence of the Mortality Rate 

Of the twenty-three French departments that show a mini- 
mum mortality rate,^ seven (30%) have more than the average 
number of murders. These are: Lot-et-Garonne, Aisne, Maine, 
C6tc d'Or, Eure, Haute Sadne, and Aube, giving an average of 
18.9%, Of eighteen departments with an intermediate mor- 
taG^ rate, six (33%) show a higher number of assassination 
than the average. They are Indre-et-Loire, Aube, Basses 
Pyi^d^, Herault, Doubs, Seine-et-Oise, and Vosges. The 
Qf^teen departments have 15.4% of murders, that is to say, 
dMKit as many as the first group. Of twenty-five departments 
Juiving a maximum mortality rate, seven (28%) exceed the aver- 
^ number of murders. They are: Basses Alpes, Haute Loire, 

1 Bertnion, "Demographie de la France/' 1878. 



20 CRIME: ITS CAUSES AND REMEDIES [§ 13 

Seine, Seine Inferieure, Bouclies du Rh6ne, Corsica, and Var, 
which give an average of 28%. If, however, the last two de- 
partments be omitted, as showing an abDormally high degree of 
criminality, the figure is only 20%, much nearer the other two. 
With regard to thefts, of twenty-four departments with a maxi- 
mum mortality fourteen exceed 90%, and the same is true of 
seventeen of the eighteen departments with an intermediate 
mortality rate. Of twenty-five departments having a minimum 
mortality eight pass 90%. " 

To sum up, then, it may be said that there exists no relation 
between the mortality rate and the frequency of theft, while 
the frequency of murder increases as the mortality rises. In 
Italy this may be especially well seen in Sardinia, Sicily, and 
Basilicata. Revolts, likewise, are more common in districts 
where the mortaUty is greatest. Out of twenty-seven depart- 
ments in France with a minimum mortality, fifteen manifested 
republican tendencies under the Empire; but of twenty-seven 
departments with the highest mortality, twenty were republican. 



CHAPTER in 

INFLUENCE OP RACE — VIRTUOUS SAVAGES — CRIMINAL CENTERS 
SEMITIC RACE — GREEKS IN ITALY AND IN FRANCE — CE- 
PHALIC INDEX — COLOR OF HAIR — JEWS — GYPSIES 

§ z6. Influence of Race 

T II TIE have already seen — and it will become clearer as we 
V V proceed — that the notion of crime existing in the mind 
of the savage is so vague that we are often led to doubt its exist- 
ence in the primitive man altogether.^ However, many tribes 
seem to have a relative morality all their own, which they apply 
in their own fashion, and immediately we see crime arise among 
them. Among the Yuris in America the respect for property is 
80 great that a thread is sufBcient for a boundary line. The 
Koiyaks and the Mbayas punish homicide committed within 
the tribe, although they do not regard it as a crime when com- 
mitted against outsiders. It is plain that without some such 
law the tribe could not hold together, but would soon 
disintegrate. 

There are, however, tribes to whom even this relative morality 
18 repugnant. So in Caramansa in Africa, alongside of the hon- 
est and peaceful Bagnus, who practice rice culture, we find the 
Balantes, who live by hunting and robbery alone. These put 
to death any who steal in their own village, but nevertheless 
steal from other tribes themselves.^ The one who steals best 
is most esteemed among them, and is even paid to teach their 
duldren to steal as well as chosen to lead their marauding 
expeditions. Not unlike these are the Beni-Hassan of Morocco, 
those chief business is theft. These are disciplined, and live 
^er their own chiefs with rights recognized by the govem- 
iBent, which makes use of their services in the recovery of stolen 

* Sec my "Hazmne Criminel." « Revue d'Anthrop., 1874. 



aA 



22 CRIME: ITS CAUSES AND REMEDIES [§10 

goods. They are divided into oat-thieves, horse-thieves, village- 
thieves, and highwaymen. There are among them mounted 
robbers, who flee so quickly that pursuit is futile. They often 
slip into houses naked and covered with oil, or hide themselves 
under leaves in order not to frighten the horses. They begin to 
steal at the age of eight.' In India there exists the tribe of the 
Zacka-Khail, who live by theft. When a boy is bom to them 
they dedicate him to his future profession by passing him 
through a hole broken in a house-wall, and saying to him three 
times, "Be a thief." 

The Kurubars, on the other hand, are noted for their hon- 
esty. They never lie, and would rather starve than steal. They 
are therefore set to keep watch over the harvest.^ Spencer also 
notes certain peoples as inclined to honesty, such aa the Todas, 
the Ainus, and the Bodos. These are in general peoples among 
whom war is held in slight esteem, and who are much engaged in 
trade. As a rule they do not contend among themselves, but 
leave their affairs to be regulated by the chiefs, and restore half 
of what is offered to them in their bartering if it appears to 
j/^^\ them to be too much. They do not apply the lex talionU, are 
not guilty of cruelty, honor women, and nevertheless, strange 
to say, are not religious. Among the Arabs (Bedouins) there 
are honest and industnous tribes; but there are also many 
others who lead a parasitic life. These are noted for their spirit 
of adventure, their reckless courage, their need of continual 
change, their idleness, and their tendency toward thefU In 
Central Africa Stanley found some tribes distinguished for hon- 
esty, and others, like the Zeghes, showing a tendency toward 
robbery and homicide. Among the Kafirs and Hottentots there 
are individuals who are especially savage and incapable of 
working, and wander about living by the labor of others, The** 
are called Fingas by the Kafirs, and Sonquas by the Hottentots. 
(Mayhcw.) 

In our ci\'ilized world, to note the proof of the influence of 
race upon crime is both easier and more certain. We know tii*t 



1 171 INFLUENCE OF RACE 23 

a large number of the thieves of London are of Irish parentage, 
or are natives of Lancashire. In Russia, according to Anut- 
schin, Bessarabia and Kherson furnish all the thieves of the 
capital, and the number of convictions in proportion to the 
number of indictments in their case is unusually great. Crimi- 
nality is transmitted among them from family to family.^ In 
Germany, the districts in which there are colonies of gypsies 
are recognized as those where the women are most inclined to 
steal. 

S 17. Criixiinal Centers 

In every part of Italy, almost in every province, there exists 
some village renowned for having furnished an unbroken series 
of special delinquents. Thus, in Liguria, Lerice is proverbial 
for swindlers, Campofreddo and Masson for homicides, Pozzolo 
for highway robberies. In the province of Lucca, Capannori is 
noted for its assassinations, and Carde in Piedmont for its field 
thefts. In southern Italy, Soro, Melfi, and St. Fele have al- 
ways had their bandits since 1860, and the same is true of Par- 
tinico and Monreale in Sicily. 

This predominance of crime m certain countries is certainly 
due to race, as history clearly shows in the case of some of them. 
Thus, Pergola near Pistoja was settled by gypsies, Masson by 
Portuguese outlaws, and Campofreddo by Corsican pirates. 
Even to-day the dialect in the latter place is half Corsican, half 
ligurian. But the most famous of all is the village of Artena 
m the province of Rome, which Sighele describes thus: ' 

"Situated on the summit of a hill, in the middle of a green 

«Dd smiling plain, under a mild sky, this village, where misery 

/is unknown, ought to be one of the happiest and most honest. 

/ Bat the reverse is the case, and its inhabitants have an evil 

cdebrity throughout all the surroimding country as thieves, 

t)npands, and assassins. This reputation is not a recent ac- 

<priation. In the Italian chronicles one often meets the name 

^ Artena, and its history can be summed up as one long series 

<^ crimes. 

» "Sitz. d. Geogr. Gesellsch.," 1868. St. Petersburg. 
* "Arch, di Psichiatria ed Antrop./' XI, Turin, 1890. 



24 CRIME: ITS CAUSES AND REMEDIES [g 17 

"The seriousness of the e\Tl may be seen from the following 
statistical table: 



Ankoal NniBEH o 



} 100,000 Inbabitants 



Caaaa 


Italy 

(1875-88) 


Art4Sll. 1 

(I8S4-88)^ 




9.38 
M,1T 

8.67 
47.30 




AasauiU 


205-00 


Thefts, Bimpic and aggmvated 


177.00 



"/Vrtena, then, is marked by a number of assaults, homicides, 
and murders six times as great as that of the average of Italy, 
and by a number of highway robberies thirty times as great. 
And yet these figures give only a very imperfect idea of the bold- 
ness and ferocity of the criminals of Artena. To have this prop- 
erly appreciated it would be necessary to describe all the crimes, 
to tell how they commit murders there in broad daylight in 
public places, how they strangle the witnesses who dare to tell 
the truth to the judges." 

The cause, according to Sighele, lies in the character of the 
inliabitants and the influence of earlier goverrunents, which 
elsewhere gave rise to brigandage and the Camorra; further, in 
the inability of the authorities to punish the guilty, because the 
witnesses are bribed or intimidated into keeping silent; but 
above ail, in the influence of heredity. In fact, in an investiga- 
tion of the proceedings instituted against inhabitants of Artena 
since 1852, Sighele came across the same names repeatedly, 
father, son, and nephew following one another at intervals as 
if driven by a fatal necessity. The name Montefortino, be- 
longing to an ancient family of Arlena, was already celebrated 
for crime as early as 1555. Paul IV in 1557 was obliged 
to condemn to death all tbe inhabitants of this town, and tit- J 
thorized any one to kill them and destroy their castle, "tlittfl 
it might no longer furnish a nest and refuge for base thieva^T 

It is to be noted that in Sicily brigandage is almost excluavt 
confined to that famous valley of the Conca d'Oro, where ti 
robber tribes of Berbers and Semites had their first and i 



§ 17] INFLUENCE OF RACE 25 

lasting places of refuge, and where the anatomical type, the 
customs, the political and moral ideab still retain the Arabian 
imprint, as the descriptions of Tommasi-Crudeles are sufBcient 
to prove.^ Moreover, here, as among the Arabs, cattle-stealing 
is the chief crime. With these facts we can easily be persuaded 
that the blood of this people, at once conquerors and robbers, 
hospitable and cruel, intelligent and superstitious, inconstant, 
restless, and impatient of restraint, must have its influence in 
Sicily in fomenting the sudden and implacable revolts and in 
perpetuating brigandage. This latter, it is to be noticed, is 
often mixed with politics, as it is in the case of the parent Ara- 
bian stock, and excites neither the horror nor the aversion dis- 
played by peoples less intelligent, indeed, but richer in Aryan 
blood, such as those of Catania and Messina in this same island 
of Sicily. A very different sort of community is that of Lar- 
derello in the province of Volterra, where for sixty years no 
homicide or theft or even misdemeanor has been committed. 
That race is a factor in the great criminality of the places men- 
tioned I am the more pecsuaded through having observed in 
the case of most of the inhabitants a taller stature than in the 
neighboring regions. 

In France, also, a race of criminals has been discovered by 
Fauvel in a row of villages along the border of the forest of 
Tierache, a continuation of the forest of Axdennes.* In every 
place where this race predominates there are continually violent 
brawls, to which the authorities most often have to shut their 
eyes. The stranger who ventures among these people exposes 
Umself to the insults of the women as of the men. Even among 
the well-to-do the same brutality often shows itself through a 
certain polite varnish. This half-barbarous condition is aggra- 
vated by frequent alcoholism; and the people, scorning agri- 
cultaral pursuits, betake themselves to work in the forests or in 

^ ''They are sober, patient, and persevering; they are open to friendly 
Woidies; they have an inclination to gain then* ends secretly and silently; 
«ey are at once hospitable and given to robbery. The lower classes are 
VQentitioua, the upper classes haughty. A man will say, ' I am a brigand/ 
*• s it meant no more than, ' I have blood in my veins.' To inform against 
tkoDidde 18 to transgress the code of honor." ''La Sicilia/' Florence, 

• "'BoBetin de la Sod^t^ d'Anthropologie,'' 1891. 



26 CRIME: ITS CAUSES AND REMEDIES [§§ 18-20 

the iron-works. Their real preference, however, is smuggling. 
They are a little below the average in height, but have powerful 
muscles, with broad, strong jaws, straiglit nose, pronoimced 
eyebrows, and thick, dark hair. This last characteristic sepa- 
rates them at once from the blond-haired race who inhabit the 
villages near them, with whom they associate only rarely. 

E iS. Europe 
In his "Homicide" Ferri shows clearly the influence of race 
upon the distribution of crime in Europe, Latin and Teuton 
occupying the opposite extremes of the scale, both for homicide 
in general, and also for aggravated homicide and infanticide. 
The same is true with regard to suicide and insanity, except that 
here the order is reversed and the Teuton shows the maximum 
in each case, and the Latin the minimum. 

S ig. Austria 

Very often, however, it is not possible to arrive at an exact 
estimate of the influence of race from tbe figures furnished by 
criminal statistics, for we encounter a whole complexus of 
causes which prevents us from drawing a definite conclusion. 
For example, women show the mininmm degree of criminality in 
Spain, Lombardy, Denmark, Slavonia, and Goritz, and the 
maximum in Austrian Silesia and in the Baltic provinces of 
Russia. But here the cultural influence is more in evidence than 
the racial. For where the women are educated like the men, as 
in Silesia and the Baltic provinces, or where they take part with 
the men in the struggle for existence, they approach men more 
nearly in the degree of criminality. The same thing may be said 
of the greater criminality to be observed in the Austrian empire 
chiefly among the youths, especially in Salzburg and Austria 
proper, as compared with the Slavs and Italians of GOritCt 
Carinthia, and the Tyrol. 

5 30. Italy . 

The following table presents a summary of simple homiddeBiJ 
(including assaults followed by death) and aggravated hoi 




§20] 



INFLUENCE OF RACE 



27 



cides (including highway robbery with homicide) for which 
indictments were brought in the different provinces of Italy in 
the years 1880-83 inclusive: 



Provinces of Italy with the 
population in 1881 


Number of indictments for 

homicide to the million 

inhabitants 


Simple 


Aggravated 


Piedmont (3,070,250) .... 

T,ig«ria (892,878) 

Lombaidy (3,680,615) .... 

Venetia (2,814,173) 

Emilia (1,706,817) 

Romagna (476,874) 

Umbria (572,660) 

Matches (936,279) 

Tuscany (2,208,869) 

Latium (903,472) 

Abrurzo (751,781) 

Molise (365,434) 

Campania (289,577) 

Apulia (1,589,054) 

Basilicata (524,504) 

Calabria (1,257,883) 

Sicily (5,927,901) 

Saidima (682,002) 


47 

40 

22 

34 

27 

103 

102 

94 

76 

178 

174 

286 

217 

117 

214 

246 

205 

122 


34 

29 

21 

25 

24 

76 

70 

53 

42 

90 

76 

104 

81 

46 

86 

104 

122 

167 



It is apparent, then, that these crimes are most frequent in 

the provinces where the population is predominantly Semitic 

(Sicily, Sardinia, Calabria) or purely Latin (Latium, Abruzzo), 

as compared with those where the population is Teutonic, 

Ligurian, Celtic (Lombardy, Liguria, Piedmont), or Slavic 

(Venetia). Now beside the original inhabitants, the Ligurians 

b the north, the Umbrians and Etruscans in the center, the 

Oacans in the south, and the Siculi, of Ligurian origin, in Sicily, 

the prindpal social elements of the Italian population are the 

Teutons, Celts, and Slavs in the north, the Phenicians, Arabs, 

Albanians, and Greeks in the south and on the islands. It is, 

then, to the African and oriental elements (the Greeks excepted) 

that Italy owes the frequency of homicide in Calabria, Sicily, 

ttd Sardinia; while the occurrence of a smaller number, as 



28 CRIME: ITS CAUSES AND REMEDIES [§20 

in Lombardy, is due to the large Teutonic element in the 
population. 

The effect of race is clearly to be seen in certain localities 
whose inhabitants differ ethnically from the smrouading popu- 
lation, and where the relative frequency or infrequency of crime 
coincides with the racial difference. Thus we have a striking 
contrast in Tuscany, where Siena shows 39 homicides to the 
million, Florence 43, and Pisa 60; while Massacarrara shows 83, 
Grosseto 102, Lucca 119, Arezzo 134, and Leghorn 140. Now it 
is true that in Massacarrara the quarries, and in Grosseto the 
marshes, produce special livnng-conditions; but the ethnic in- 
fluence is incontestable in the province of Lucca, which is dif- 
ferentiated from the rest of Tuscany by the greater stature and 
dolichocephaly of its inhabitants (the latter characteristic being 
found in Massacarrara also), and the greater tendency to emi- 
gration. One may refer also to the effect of the Ligurian blood. 
calling to mind how often the ancient Ligurians revolted against 
the Roman rule. But in Leghorn the racial influence is especially 
evident, and the origin of this is well known. Leghorn, in the 
sixteenth century, was merely a marshy village, having 748 
inhabitants in 1551. Its 6rst settlers were the Liburni, an 
Dlyrian people, inventors of the Liburnian galley, and notorious 
pirates. To these were added Saracens, Jews, and Marseillais, 
and later adventurers and pirates invited by the Medici.' 
Leghorn, which from 1879 to 1883 showed the greatest pro- 
portion of indictments for crime, furnished likewise, in compari- 
son with the whole of Tuscany (including Arezzo), the highest 
numbers for aggravated homicide, rebellion, and aggravated 
theft. This state of affairs cannot be accounted for by the 
greater density of the population, for the density at Milan is 
the same (919 to the square mile), and that at Naples is mudi 
greater (3976). Neither is it due to a greater preponderance 
of the urban population, for the urban residents in Naples 
constitute 94% of the total population of the municipahty, 
in Milan 9S%, and in Leghorn only 80%; while nevertheless 
insurrections and aggravated thefts are much more frequent 
there. 

' Lombroso, "Troppo Preato," 18S9. 



§ 20] INFLUENCE OP RACE 29 

Another very significant contrast is to be observed in the 
southern part of the peninsula. Here the summaiy of simple 
homicides shows certain localities in the provinces of Campo- 
basso, AvellinOy Cosenza, and Catanzaro with a relatively 
high criminality, and localities in the provinces of Benevento, 
Salerno, Bari, and Lucca, where the frequency of homicide is 
small in comparison with the neighboring provinces of Aquila, 
Caserto, Potenza, Reggio, and especially Naples. In the last the 
social environment would naturally be expected to be provoca- 
tive of crime. Now it is difficult not to deduce a causal con- 
nection between the presence of Albanian colonies and the great 
number of crimes of violence in the provinces of Cosenza, Catan- 
zaro, and Campobasso. On the other hand, the less frequent 
occurence of simple homicide in Reggio, Naples, and especially 
in Apulia (Bari and Lecce) depends in great part upon the Greek 
element of the population. To imderstand the presence and 
extent of this element it is only necessaiy to recall the ancient 
Magna Grsecia, the later Greek colonies which arrived during 
and after the Byzantine supremacy, and the earlier migrations 
of the lapygo-Messapians. "Even to-day," says Nicolucci, 
"the physiognomy of the greater part of the natives of these 
provinces recalls this type, through which shines pacific sweet- 
ness of character." ^ To the effect of the Greek element must 
be added the ethnic influence of the Norman occupation. 

As regards the marked inf requency of simple homicide in Sa- 
lerno and in Benevento, it is impossible not to recall the Lom- 
bard element which was dominant in the duchy of Benevento 
and Salerno so long and to such an extent that it has been able 
to resist the assimilating power of the native Italians, and to 
preserve to this day the tall stature and blond hair, noticeable 
mthe midst of the types indigenous to the peninsula. (Fern). 
The quite di£Ferent influence of the Albanian, Greek, and Lom- 
Wd elements upon the criminality in these contrasted locali- 
ties is confirmed by the distribution of aggravated homicide, 
aod highway robbery with homicide. Salerno and Reggio, 
indeed, form exceptions, having relatively high figures; but 
N^)les, thanks to its Greek blood, shows, notwithstanding the 

1 "Etnografia dell' Italia/' 1880. 



30 CRIME: ITS CAUSES AND REMEDIES [530 

density and poverty of its population, a small number of homi- 
cides, matching tlie figures tor Bari and Lecce. 

Sicily, also, offers a striking example of the influence ot race 
upon homicide. The eastern provinces, Messina, Catania, and 
Syracuse, show a number ot homicides much smaller than the 
provinces ot Caltanisetta, Girgenti, Trapani, and Palermo. Now 
Sicily differs greatly in the character of its population from the 
neighboring part of the peninsula, partly because of the numer- 
ous northern peoples (Vandals, Normans, French) which have 
conquered and ruled the island. But on the eastern coast it is 
the Greek element tliat is predominant, and it is impossible not 
to refer to this tact the smaller number of homicides occurring 
there; nor, on the other hand, to see in the large adnuxture ot 
Saracen and iVlhanian blood the reason for great frequency of 
homicides in the south and north. Rectus writes: 

"At the time of the siege ot Palermo by the Normans (1071 
A. D.) there were five languages spoken in Sicily, — Arabic, He- 
brew, Greek, Latin, and the popular Sicilian. Arabic remained 
the dominant language even under the Normans. Later the 
French, the Germans, the Spaniards, and the Aragonese con- 
tributed to make of the Sicilians a people different from their 
Italian neighbors in dress, manners, customs, and national 
feeling. The differences existing within the Sicilian population 
itself are very great, since now one race now another gets the 
upper hand in the mixture. Thus the people of the Etna prov- 
inces, who are without doubt of Hellenic origin — being in 
fact the purest of the Greeks, since they have not been mixed 
with the Slavs — have an excellent reputation for deportment 
and amiability. The inhabitants ot Palermo, on the contrary, 
among whom the Arab element is greater than anywhere else, 
have in general serious faces and dissolute manners." ' 

The criminality ot Sardinia is equally characteristic, whether 
one compares it with that of the continent, and even more with 
that of Sicily, or considers the almost constant contrast between 
the north (province of Snssari) and the south (proWnce of 
Cagliari). Ethnically Sardinia is differentiated from Sicily be- 
cause tlie Phcnician domination, begun in remote antiquity and 
renewed in Carthaginian times, was both more extensive and 
' Feai. 



§20] INFLUENCE OF RACE 31 

of longer duration in Sardinia than in Sicily, so that even to-day 
the Sardinian skull may partly serve to illustrate the ancient 
Phenician dolichocephalic type. The Saracen elements in Sar- 
dinia are less significant, though there are two Saracen colonies, 
— Barbaricini in the province of Sassari, and Maureddi, near 
Iglesias, in the province of Cagliari.^ This racial difference 
certainly contributes to produce the higher average of crimes 
agidnst persons in Sicily (notwithstanding the relatively small 
number in the eastern provinces), and, on the other hand, the 
higher average of crimes against property in Sardinia. For 
example, in comparing Sardinia with Sicily one sees a striking 
contrast in the number of simple homicides, which comes out 
still more strongly in the number of assaults. In the case of 
aggravated homicides, indeed, the figures for Sicily are lower 
on accoimt of the small number in the eastern provinces, but 
the total of all crimes against persons, including homicide, 
simple and aggravated, and highway robbery accompanied by 
homicide, is much greater than in Sardinia. In crimes against 
property, on the contrary, Sardinia, on account of the prepond- 
erance of Semitic blood, goes far beyond Sicily, especially in 
aggravated thefts and in forgeries; whereas in violent crimes 
against property, such as highway robbery, extortion, and black- 
mail, Sicily again takes the lead somewhat. 

In Sardinia, moreover, a contrast is to be observed between 
the two provinces of Sassari and Cagliari in the very type of 
the inhabitants, and in their social and economic life. The north 
has agriculture and manufacturing more developed, while the 
south has its mines, near Cagliari, Iglesias, etc. Now it is well 
known that the province of Cagliari is more decidedly Phenician, 
whereas in the province of Sassari the Spanish element dom- 
inates, and this fact doubtless cooperates with the economic 
conditions to cause the greater frequency of forgery and aggra- 
vated theft in the province of Cagliari, and of homicide, and 
Iiighway robbery with homicide, in the province of Sassari. 

Another example of the influence of race is f oimd in the crim- 
inality of Corsica, which notoriously gives the maximum num- 
ber of homicides (infanticide and poisoning excepted) for the 

^ Nicolucci, "Etnografia dell' Italia.'' 



32 



CRIME: ITS CAUSES AND BEMEDIES 



[5 20 



whole of France, but shows a very small number of thefts. By 
comparing the number of persons sentenced for homicide in 
Corsica from 1880 to 1883 with those sentenced in those parts 
of Italy that give the highest figures, the following data are 
obtained : 



PbBBOKH aBNTENCBD IN 1 





Yearly ave-Tige 


to 100,000 inhabitants 




Coi«ca 


Sardinia 


Sicily 


Calabrin 


Molije 
(Campo- 
bann] 


Simple homicides and oa- 
wuIU resulting in death 

Murders and highway rob- 
henva with homipide . . 


11.3 
0.5 


8.6 
l&.S 


14.3 


21.5 
0.0 


19.1 

5.e 



This means that although Corsica belongs to France politically, 
it is Italian both in race and in the character of its crimes. 
Reclus remarks: 

"Of the two islands, Sardinia and Corsica, once united, it is 
Corsica, notwithstanding its political connection with France, 
that is by geographical position and by its historical traditions 
most Italian." 

Thus the marked differences between the criminality o( Cor- 
sica and that of Sardinia are to be explained in great measure 
by racial causes, and this explanation is confirmed by the 
great resemblance existing between the criminality of Corsica 
and that of Sicily. The fact is that in Sicily the Saracen ele- 
ment came to dominate all the others, and this same stock, 
more fierce than covetous, exercised a great influence in Corsica. 
We know that 

"the ancient inhabitants (Ligurians and Iberians, or, as 
some think, Sicanians) were followed by the Phenicians and 
the Romans, but especially, up to the eleventh century, by the 
Saracens, and after these by the Italians and the French." ' 

' Nicolucci. 



§21] INFLUENCE OF RACE 33 

It is, then, to their Saracen blood that Corsica, Sicily, and, 
in part, Calabria owe their intense homicidal criminality, 
together with their lower degree of criminality, as regards 
property. 

§ az. Races in France 

A glance at the distribution of crimes in France shows that 
it is to the Ligurian and Gallic races that we owe the maximum 
of crimes of blood. This is proved in detail by the summary 
of the various crimes in the departments that furnish figures 
above the average. From such a summary we discover that the 
tendency toward murder increases as we pass from the depart- 
ments having a Cimbric population (1 out of the 18, or 5.5%f 
showing a number of murders above the average) to the Gallic 
departments (with 8 out of 3£, or 25%, above the average), 
then to the Iberian (with 3 out of 8, or 373^%), and Belgian 
(6 out of 15, or 40%), and finally to the Ligurian departments, 
all of which (100%) show more than the average number of 
murders. The series for rape is slightly different: first, Iberian 
departments (2 out of 8, 25%), next Cimbric (6 out of 18, 33%), 
Belgian (6 out of 15, 40%), Gallic (13 out of 32, 41%), and 
finally, as before, the Ligurian (6 out of 9, 67%). In crimes 
against property, on the other hand, we see the Belgians, the 
most industrial of the races, lead, with 67% of their depart- 
ments above the average, followed closely by the Ligurians and 
Iberians, with 60% and 61% respectively, while the Cimbric 
and Gallic elements show only 30% and 39%. 

As I have shown in my "Crime Politique," the dominant 

influence of the Ligurian and Gallic races is determined by their 

greater activity. The Ligurian peoples of France furnished the 

mftTinr^i^Tn of insurgents (all the departments, or 100%, being 

above the average), and the maximum number of men of genius 

\ (60% of the departments being above the average). The Gallic 

departments come next, with 82% for insurgents and 19% for 

men of genius; the Belgians, 62% and 33%; while the Cimbric 

departments showed only 38% for insurgents with scarcely 5% 

ior men of genius; and the Iberians furnish the minimum, with 

U% and 5% for insurgents and men of genius respectively. 



34 CRIME: ITS CAUSES AND REMEDIES [§22 

§ 11. Dolichocephaly and Br&chfcephaly 
I have attempted to discover the relationship between crim- 
inality on the one hand, and the cephalic index and the color of 
the hair on the other, being convinced that more reliable indica- 
tions of the influence of race might be obtained in this way. 
In studying crime in Italy in relation to the cephaUc indes, I 
have seen from the plates of Livi that in 21 provinces having a 
preponderance of doHchocephaly (index from 77 to 80 inclusive), 
the average of homicides and assaults is 31%, while the general 
average in Italy is 17%. In all the dolichocephalic pro\'inces, 
with the exception of Lucca and Lecce, that is to say, in 19 
out of 21, the proportion of homicides is above the average. 
The provinces where mesocepholy (index, 81 to 82) dominates 
fall below the dolichocephalic provinces in homicide, gi^'ing an 
average ot 35%. But where brachycephaly (index, S3 to 88) is 
most abundant the figure is 8%, an average much below that 
for the country as a whole. 

It must be noted, however, that the dolichocephalic pro\Tnces 
are in the south, with the exception of Lucca, which is also an 
exception to the parallelism of dolichocephaly and crime; that 
the brachy cephalic provinces, with the exception of Abruzzo, 
are all in upper Italy; and that the ultrabrachy cephalic are to 
be found in the mountainous regions, which nil have a smaller 
number ot crimes of blood. As for the mesocephalic population, 
it is to lie met in southern Italy, or in the warmer parts of upper 
Italy, hke Leghorn and Genoa, so it nmst be conceded that the 
influence of climate enters here with that of race. In the case 
of theft the difference is much smaller. Though observable, it 
is far less marked than in the case of homicide, as may be seen 
from the fact that the dolichocephalic provinces have 460 thefts 
to the million inhabitants, the mesocephalic 400, and the bra- 
chy cephalic SfiO. 

In France ' the crimes against persons give an average of !8 

to the 100,000 in the brachy cephalic departments, and of 3fl in 

the dohchocephalic, including Corsica (Collignon) ; but without 

Corsica it gives an average of only 24, the average for the whole 

' See "Compte Crimiaelle de la Justice en France." 



§23] INFLUENCE OF RACE 35 

country ranging from 24 to 33 to the 100,000. If we follow the 
figures given by Ferri we find an even smaller difference. Ac- 
cording to him the crimes of blood among the dolichocephalic 
part of the population (without Corsica) amoimt to 13 to the 
100,000, and to 19 in the brachycephalic departments. From 
this it is evident how much greater influence climate has upon 
crimes of blood than has race; for in Italy, where the dolicho- 
cephalic part of the population is collected in the south, its 
preponderance in crime is enormous. But in France, where 
it is distributed everywhere, in the south, in the north (Pas- 
de-Calais, Nord, Aisne), and in the center (Haute Vienne, 
Charente), it furnishes no precise data, and sometimes even 
gives smaller figures than the brachycephalic population. In 
the case of crimes against property, however, the difference 
in France is remarkable. The long-heads show 44 crimes to 
the 100,000, and the round-heads only 23. 

In general, there is everywhere a preponderance of crime in 
the districts dominated by dolichocephaly. In France the long- 
heads have furnished the greatest number of revolutionists and 
geniuses; and it is among the dolichocephalic Gauls and Liguri- 
ans that the princes and peoples have been found who offered 
most resistance to conquest. This is apparently in complete 
opposition to the teaching of criminal anthropology, according 
to which criminals are nearly always ultra-brachycephalic; but 
it is in reality of great value as enabling us to show the better 
that the exaggerated brachycephaly of criminals is a plain mark 
of d^eneracy. 

§23. light and Dark Hair 

In investigating the relation of the color of the hair to crim- 
inality in France, I have foimd that in the departments where 
dark hair predominates the figures for murder reach 1£.6% (or 
^•2% without Corsica), while the light-haired departments give 
only 6.3%. It is to be noted, however, that dark hair is espe- 

' dally abundant in hot districts, Vendte, H^rault, Var, Gers, 

1 Undes, Corsica, Bouches-du-Rhdne, Basses-Alpes, Gironde, etc. 

I The influence of climate is perhaps, therefore, not to be excluded. 

1^ SonOaiiy blond hair (except in Vaucluse) is more frequent in 



36 CBIME; ITS CAUSES AND REMEDIES [§24 

the departments with a northern climate, Pas-de-Calais, Nord, 
Ardennes, Manche, Eure-et-Loire, which, as has been shown, 
have a smaller number of crimes of blood. 

In Italy the proportion of blonds ia the whole of southern 
Italy is below the average of the kingdom,' except in Benevento, 
where it reaches the average, and in Apulia, Naples, Campania, 
Trapani, and eastern Sicily, where it is only a little below the 
average. Now in all southern Italy crimes of blood are below the 
average, and in the province of Benevento thej' give a figure 
which, although rather high (27.1%), is nevertheless below that 
of the neighboring provinces. The same is true of Apulia, 
eastern Sicily, Syracuse, and Catania, which all show a low 
degree of criminality (Syracuse 15, Catania 38, Leece 10). In 
these provinces the blond color of the hair is directly connected 
with the Lombard (Benevento) and Greek races (Sicily), and it 
is for this reason that they are less criminal. I have found no 
connection with race, however, in the blond oasis of Perugia, 
nor in the brunette oasis of Forli, in central Italy. 

The blond population inhabiting the neighborhood of the 
Alps is in direct connection with that of the mountains them- 
selves, and shows, as does the latter, only a slight criminaUty. 
But the cause here is merely orographic. On the other hand, 
the brunette oasis of Leghorn and Lucca coincides with 
criminality greater, even in crimes of blood, than that of tie 
neighboring parts of Tuscany, and, as here the color of the halt 
is accompanied by a special dolichocephaly without being ex- 
plicable by any orographic cause, it seems to me that we have 
a new proof of the influence of race upon crimes of blood. In 
the case of crimes against property there is no evident corre- 
spondence. For example, the pro\'ince of Treviso, where the 
inhabitants are very blond, gives the maximum of criminalit.v. 
and Ferrara, where the population is very dark, is nearly equal 
toil. 

S 14. Jews 

The influence of race upon criminality becomes plainly e\'i' 
dent when we study the Jews and the gypsies, though very 

> See Livi, " Archivio d'Antrop.," 1894. 



il 



524] INFLUENCE OF RACE 37 

[lifferently manifested in the two races. The statistics of many 
countries show a lower degree of criminality for the Jews than 
For their Gentile fellow-citizens. This is the more remarkable 
since, because of their usual occupations, they should in fair- 
ness be compared, not with the population in general, but with 
the merchants and petty tradespeople, who have, as we shall 
see, a high record for criminality. In Bavaria one Jew is sen- 
tenced for every 815 of them in the population, and one Catholic 
for every 266. In Baden, Jewish criminality was 63.3% of the 
Christian criminality. In Lombardy, under the rule of Austria, 
there was during the space of seven years one Jew convicted for 
eveiy 2,568 inhabitants. In Italy in 1855 there were only seven 
Jews in prison, five men and two women, a proportion much 
smaller than that prevailing among the Catholic population. 
Recent investigations made by Servi show that in 1869, out of 
a Jewish- population of 17,800 there were only eight sentenced. 
In Prussia, Hausner has observed a slight difference to the dis- 
credit of the Jews, there being one Jew indicted to each 2600, 
while the Christians show one to 2800. This is in part confirmed 
by Kolb, according to whom the following were recorded: 

In Prussia in 1859,^ 

1 Jew indicted for each 2703 

iCathoHc * 2645 

1 Protestant £821 

From 1862 to 1865, however, 



In Bavaria, 



1 Jew indicted for each 2800 
1 Protestant " " " 3800 



1 Jew indicted for each 315 
iCathoUc " " " 265 



In France from 1850 to 1860, on the average, 

the Jews indicted were .0776% of the adults 
" CathoKcs " " .0584% " " 

" Jews " " .0111% " " total population 

•• CathoHcs " " .0122% " " " 

In 1854 there were 166 Jewish criminals; in 1855, 118; in 
I8M, 168; in 1858, 142; in 1860, 123; in 1861, 118 — a slight 

» " Handb. der Vergleich. Statiatik," 1875, p. 130. 



38 CRIME: ITS CAUSES AND RKMEDTES [§24 

decrease in the later years. ^ In Austria, however, the number 
of Jews convicted was 3.74% in 1872, and 4.13% in 187S, 
figures higher by some fractions than those for the rest of tk 
population.' 

The fact of a special type of Jewish criminality is more oe^ 
tain than a greater or less degree of criminality. Among the 
Jews as among the gypsies the hereditary form of crime pl^ 
dominates, and in France they reckon whole generations of 
rogues and thieves among the Cerfbeers, Salomons, Levis, 
Blums, and Kleins. Those convicted of murder are rare, and. 
where they are found, they are captains of bands organiied 
with rare skill, like those of Graft, Cerfbeer, Meyer, and D^ 
champs. These master rogues had regular traveling agents, 
kept ledgers, and showed such a degree of cleverness, patience, 
and tenacity as made it possible for them to evade for manj 
years the attempts to bring them to justice. 

Most of the Jewish criminals in France have their own specU 
kinds of rascality, like the trick with the ring, when they pretend 
to have found an object of value; or the "" morning call,'* which 
gives theni an opportunity to rob the chambers of sleepers who 
have forgotten to lock tlieir doors.* 

The Russian Jews arc principally usurers, counterfeiters, and 
MUiugglers, enrr>*ing this last pursuit to the extent of smuggling 
women, ex|H)rting them to Turkey. Smuggling is organised 
among them in semi-gt)vernmental fashion. Whole towns on 
the bonier, like Benlereflf, are i)eopled almost entirely by Jewish 
HUiugglers. Often the government has the town surrounded by 
a eonlon of soUlters, and upon making a search finds inmiense 
Htore.M of snuiggled ginnls. The smuggling is carried so far as 
even \o Im* nn obstacle to et>mmercial treaties with Prussia. In 
PruHsia then* wen^ formerly great numbers of Jews convicted 
for forgt^ry ami for defamation, but more frequently for bank- 
rupl«\v and fi>r nnviving stolen gtHxls, a crime which frequently 
eludes the elulehes of the law. To the prevalence of this lut 
oriiue aiuoug them is due the great number of Jewish woidl 

• SiTvi. "iUi UmAxM in V>mM^'* Turin. IS72. 

* *\'<tM. ro)vn« «i. k k. CvitonviohisohoQ Stxafanstalten," 187& 



§251 EWLUENCE OF RACE 39 

incorporated into the thieves' slang in Germany and England, 
since the thief looks upon the receiver of stolen goods as a master 
and guide, and in consequence easily adopts his language. Every 
great enterprise of the famous band of Mainz was planned by a 
kochener^ or Jewish receiver of stolen goods. There was a time 
in France ''when nearly all the leaders of the great bands had 
Jewesses for concubines." Many causes formerly impelled the 
Jews to these crimes, as also to the unlawful gains of usiuy: 
greed for gold, discouragement, desperation, exclusion from 
office and from all public assistance, and the natural reaction 
against the persecutions of the stronger races, from which they 
had no other means of defense. They were often merely shut- 
tlecocks between the armed brigands and the feudal lords, and 
were forced to be accomplices in order not to become victims. 
One need not be astonished, therefore, if their criminality ap- 
pears great; and it is fair to note that from the time when the 
Jews have been permitted to enter political life their tendency 
to spedBl crime has diminished. We have forced upon us here 
anew the difficulty of coming to universally valid conclusions 
upon the basis of statistics alone. 

Even though the criminality of the Jews can be proved to 
be less than that of other races, a veiy different situation ap- 
pears when we turn to the question of insanity, in which they 
have an unfortunate leadership.^ Here, however, it is not so 
much a matter of race as of intellectual work, for among the 
Semitic races in general (Arabs, Bedouins) insanity b veiy rare. 

§ 25. Gypsies 

With the gypsies the case is quite different. They are the 
living example of a whole race of criminals, and have all the 
passions and all the vices of criminals. ''They have a horror," 
taja Gidmann,' "of anything that requires the slightest ap- 

^ In Bavaria there is one insane person to each 908 Catholics, 967 
Pkoteatantfl, 518 Jews: in Hanover, one insane person to each 527 Catholics, 
€41 Plotestants, ^7 Jews: in Silesia, one insane person to each 1355 Cath- 
fSu, 1264 ProtiBstantfl, 604 Jews. In Denmark there are 5.8 insane Jews 
and only 3.4 iosane Christians to the 1000 of each. (Oettingen.) 

» "EDgtoiie des Bohemiens," Paris. 1837; Perdari, "Susdi Zingari," 
Hilaa, 1871: Pott, ''Z^uner," Halle, 1844; Colocd, "Gli Zingari," 
•AiieDiia» 1889. 



40 CRIME: ITS CAUSES AND REMEDIES (525 

plication; they will endure hunger and misery rather than sub- 
mit to any continuous labor whatever; they work just enou^ 
txj keep from dying of hunger; they are perjurers even among 
themselves, ungrateful, and at once cruel and cowardly, from 
which fact comes the Transylvanian proverb that fifty gypaea 
can be put to flight with a wet clout." EnJisted in the Austrian 
army they cut a sorry flgure. They are revengeful to excess. 
One of them, to revenge himself upon his master, who had 
beaten him, dragged him to a cave, sewed him up in a skin, and 
fed Mm upon the most loathsome food till he died. With the 
intention of plundering Ijograno they poisoned the sources of 
the Dra^'e, and when they believed the inhabitants dead in- 
vaded the district in a body and were only frustrated through 
the discovery of the plot by one of the citizens. Gypsies have 
been known in a fit of rage to throw their own children at the 
head of their opponent like a stone from a sling. They are 
vain, hke all delinquents, but they have no fear of shame. 
Everything they earn they spend for drink and ornaments. 
They may be seen barefooted, but with bright-colored or lace- 
bedecked clothing; without stockings, but with yellow shoes: 
They have the improvidence of the savage and that of the crim- 
inal as well. The story is told that once when a party of theni 
had repulsed a body of troops from a trench, tliey called out, 
"Flee, flee, for if we had any lead left we would kill you all." 
The enemy, thus informed how the matter stood, turned badt 
and massacred them. Without morals, they are neverthdes 
superstitious (Borrow), and would believe themselves to 
damned or dishonored if they were to eat eels or squii 
although they devour half-putrefied carrion. They are givi 
orgies, love a noise, and make a great outcry in the marl 
They murder in cold blood in order to rob, and were foi 
suspected of cannibalism. The women are very clever at 
ing, and teach it to their children. They poison cattle 
certain powders in order to get the credit of curing them, 
perhaps to get their flesh at a low price. In Turkey they 
practice prostitution. They all excel in some form of 
such as passing counterfeit money or selling sick horses 
sound. As the name "Jew" with us is synonymous 



§25] INFLUENCE OF RACE 41 

usurer so in Spain giiano is synonymous with rascally cattle 
trader. In whatever condition the gypsy finds himself he al- 
ways maintains his impassivity, does not seem to concern him- 
self with the future, but lives from day to day, despising all 
forethought. 

"Authority, laws, rules, principles, precepts, duties, — these 
are notions and things insupportable to this strange race. To 
obey or to command is equidly odious to them, it is a burden 
and a bore. They have no more conception of property than 
they have of duty; *I have' is as foreign to them as I ought.' ^ 
Result, consequence, foresight, the connection between past and 
present, all are imknown to them." ^ 

Colocd believes that they have special routes, used also by 
refugees, thieves, and smugglers, which they indicate by special 
marks (the Zinken of the Germans). Of these the most fre- 
quently used is the patterauy formerly a trident, but now made 
in the shape of a Latin cross. These signs marked along the 
course of the highways, or drawn with charcoal on the walls of 
the houses, or cut into the bark of the trees, become a conven- 
tional means of saying to later bands, ''This is the gypsy route." 
In the first patterau the direction is indicated by lateral lines, in 
the second by the longer arm of the cross. Stopping places are 
marked by the mysterious swastika^ which is without doubt 
derived from the ancient East Indian symbol, possibly the orig- 
inal of our cross. "When they wish to leave the place where 
they are," wrote Pechon de Ruby in the sixteenth century, 
"th^r set out in the opposite direction from that which they 
are to travel, and after going half a league retrace their 



99 



like criminals and the pariahs from whom they are descended, 
they have a popular criminal literature which glorifies crime, as 
m the following dialogue between father and son: 

Father » "Holla, Basil, if you are to become great, by the 
cross of your father, you must steal." 
Son. "And afterward, father, if I am discovered?" 



* The word ought does not exist in the gypsy language. The verb to 
ktwe is ahnost forgotten by the European gypsies, and is unknown to the 
gypsies of Asia. 

* Colocd. 



42 CRIME: ITS CAUSES AND REMEDIES [§25 

Father. " Then you must take to your heels, joy of your sire." 
Son. *'To the devil with your cross, father! You do not 
teach me well." * 

It is to be noted that this race, so low morally and so inca- 
pable of cultural and intellectual development, a race that can 
never carry on any industry, and which in poetry has not got 
beyond the poorest lyrics, has created in Hungary a marvelous 
musical art — a new proof of the genius that, mixed with ata- 
vism, is to be found in the criminal.* 

* Ck>locci. 

* See LombroeOi "Atavism aad Evolution," in CarUemporary Beeiew, 
July, 1895. 



CHAPTER IV 

ayiUZATION — BABBARISM — AOOREQATIONS OP POPULATION — 

THE PRESS — NEW KINDS OF CRIME 

$ 26. Civilization and Barbarism 

AMONG the numerous social problems there is one espe- 
cially whose certain and complete solution concerns us 
greatly. It is that of the influence of civilization upon crime and 
insanity. If we judge by statistics alone we shall conclude that 
the problem is already solved, for in every country of Europe, 
except England, we find that crime and insanity are each year 
increasing out of proportion to the growth of the population.^ 

^ In France from 1826 to 1837 there was one person indicted to each 

one hundred of the population: in 1868 the indictments had reached 

oaeto fifty-five. (Dufau, "Traits de Statisque," 1840; Block. "L'Eu- 

lope Politique/' 1870.) From 1825 to 1838 the indictments (excluding 

potitical crimes and fiscal misdemeanors) rose from 57,470 to 80,920. In 

1838 the indictments increased from 237 (to the 100.000) to 375: in 1847 

to 4S0; from 1854-55 to 1866 they sank to 389, to mcrease asam to 517 

in 1874, and to 552 in 1889. There was, then, an increase of about 133% 

a 50 yeara. - (Joly, "France Criminelle," p. 10.) 

In Austria there were: 

In 1856, 1 conviction to 1238 inhabitants, 1 indictment to 832 

" 1857, 1 " " 1191 " 1 " " 813 

" 1860, 1 " " 1261 " 1 " " 933 

" 1861, 1 " " 1178 " 1 " "808 

"1862, 1 " " 1082 " 1 " " 749 



(Messedaglia.) 



h England and Wales there w^S: 



From 1811 to 1815 1 prisoner to each 1210 inhabitants 

" 1826 " 1830 1 " " " 568 " 

" 1826 " 1830 1 " . " " 477 " 

" 1846 " 1848 1 " " " 455 

^vm 1805 to 1841 the population increased 49%, the crimes six times 
&Qie than the population. In some counties, Monmouthshire for example, 



44 CRIME: ITS CAUSES AND REMEDIES [§26 

But Messedaglia rightly observes in this connection how easy 
it is to make a mistake in attempting to solve, on the basis of 
statistics alone, complex problems into which many factors 
enter at the same time. The continual increase of crime and 
insanity can, in fact, be explained by changes in the civil and 
penal laws, by a greater tendency to bring accusations, by the 
easier access to asylums for the insane, and by the greater ac- 
tivity of the police. 

One thing appears certain: civilization and barbarism alike 
possess crimes peculiar to them. Barbarism, by deadening the 
moral sensibilities, diminishes the horror of homicide, which is 
frequently admired as an heroic act. By making revenge a dutj' 
and confusing might with right, it increases crimes of blood and 
encourages associations of malefactors, just as among the insane 
it develops religious mania, demonomania, and imitative in- 
sanity. On the other hand, family ties are stronger, while sexual 
excitement and insane ambition are less frequent, and conse- 
quently parricide, infanticide, and theft are less frequent. 

The types of civilization which man has hitherto produced, 
according to Guglielmo Ferrero, are two: the type characterized 
by violence, and that characterized by fraud. They are distin- 
guished by the form which the struggle for existence takes. In 
the primitive civilization the struggle is carried on purely by 
force, and wealth and power are achieved by arms, at the ex- 
pense either of foreigners or of weaker fellow-citizens. Com- 
mercial competition I>etween two peoples is carried on through 
armies and fleets, that is to say, by the violent expulsion of 
competitors from coveted markets. Judicial contests are de- 
cided by the duel. In the civilization characterized by fraud, 
on the other hand, the struggle for existence is carried on by 
cunning and deceit, and the wager of battle is replaced by legal 
chicanery; political power is obtained, no longer at the point of 

} 720%. (Abetdeeu, "Dis- 

In Italy there were: 

From 1850 to 1859, 16,173 indictments tor serious crimes, and 7,535 
convictions. 

From 1860 to 1869, 23,854 indictments, and 10,701 coavictioos. 

From 1863 to 1869 crimes increased one-tenth, the population iboul 
one-twentieth (Curcio, op. cil.) 



pU^UItbl^UU BUVU- - 



§26] CIVILIZATION, BARBARISM, ETC. 45 

the sword, but by money; money is extracted from the pockets 
of others by tricks and mysterious maneuvers, such as the 
operations of the stock-exchange. The conunercial warfare is 
carried on through the perfection of the means of production, 
but still more through the perfection of the art of deceit, the 
skill acquired in giving the purchaser the impression that he is 
getting a good bargain.^ To the first type there belong Corsica, 
part of Sardinia, Montenegro, the Italian cities of the Middle 
Ages, and in general nearly all primitive civilizations. To the 
second type, on the other hand, belong all the modem civilized 
nations, that is to say, those among whom the capitalistic regime 
has reached its complete development. The distinction between 
the two types is not, however, so absolute in reality as it is in 
theory, for characteristics belonging to the two diflferent types 
are often found mixed together in the same society. 

Now since pathology, in the social field as in the physical, 
follows in the pathway of physiology, we discover these same 
two means of contest in the criminal world. As a matter of 
fact, there are two forms of criminality manifesting themselves 
in our day side by side: atavistic criminality, which is a return 
on the part of certain individuals of morbid constitution to the 
violent means of the struggle for existence now suppressed by 
civilization, such as homicide, robbery, and rape; and *' evolu- 
tive" criminality, which is no less perverted in intent but more 
civilized in the means employed, for in place of violence it uses 
trickery and deceit.^ Into the first class of criminals fall only a 
few individuals, fatally predisposed to crime; into the second 
any one may come who has not a character strong enough to 
resist the evil influences in his environment. 

Sighele rightly observes that the same division occurs in the 
two forms of "collective criminality," which are to be found, 
the one in the upper and the other in the lower ranks of society. 
On the one side are the rich or well-to-do, who in politics and 
business sell their votes and influence, and by the aid of intrigue, 
deceit, and speculation steal money from the public. On the 
other hand are the poor and ignorant, who, in anarchist plots, 

^ Fenero. ''Yiolenti e Frodolenti in Romagna/^ in "II Mondo Criminale 
UaGimo," Milan, ISM, 
* %hele, "DelinquenzaSettaria," Milan, 1898. 



CRIME; ITS CAUSES AND REMEDIES 



153 



in demonstratioDs, and in insurrections, attempt to ; 
against the situation into which they are forced and the wicke<t1 
nesa of those in high places. The first of these two forms is es- 
sentially modern and evolved, the second is atavblic, brutal, 
violent; the former is a thing of the brain, and proceeds by cun^ 
ning device, like imposture, misappropriation, or forgery; thej 
latter is a tiling of the muscles, and works by violent mean^-9 
like insurrection, bomb- thro wing, or assassination. Italy in t 
last few years has offered only too frequently the sad specta 
of the simultaneous breaking out of both forms of criminality.J 
On the one hand, we have had in Sicily brigandage and famine! 
riots, to which a pious or interested lie has given another name 
and ascribed other causes, and at the same time we have seen at 
Bome, in connection with the bank scandals, the gross immo- 
rality of the wealthy classes. 

I have given in my "Homme Criminel " examples of crimes 
of blood committed in the Middle Ages by special associations. 
But it may be asked, "Wliy, if in ancient times these criminal 
associations existed everywhere, have they persisted in certain 
countries only, disappearing from the others?" The answer ia 
easy if we consider the partially civilized condition of the peoples, 
and especially the condition of the governments which maintain 
and foster thb barbarism, the first and continual source of these 
perverted associations. "The more governments are organised 
as parties," says d'Azeglio very truly, "the more will parties 
organize themselves into governments." When the royal post* 
office violated the privacy of letters, and, bargaining with the 
thieves, allowed them full liberty for all their excesses in broth- 
els and prisons, the very necessities of the situation contributed 
to protect the Camorrist, for he was the one person who could 
carry a letter safely, protect one from assassination, ransom a 
stolen object at a fair price, or even pronounce, in minor matters, 
judgments doubtless as just as, and certainly quicker and less 
costly than, those offered by the regular tribunals. The Camorra 
was a kind of natural adaptation to the unhappy circumstances 
of a people rendered barbarous by bad government. 

Brigandage, in its turn, has often been a kind of wild j 
against oppressors. In the period of serfdom in Russia, t 
moujiks, indifferent to life and embittered by constant sufferii 




§26] CIVILIZATION, BARBARISM, ETC. 47 

for which no one cared, were all ready to avenge themselves by 
homicide, as is proved to us by a song made public by Dixon. 
''There is no great Russian family," says the well-known author 
of the work on European prisons, ''which does not include in its 
history the violent death of one of its members." The immo- 
bilization of capital and avarice drove the rich men of southern 
Italy to usury and unbelievable plundering of the poor peasants. 

"In Fondi," writes Jorioz, "many became brigands on ac- 
count of the extortions of the mayor, Amante. Coppa, Masini, 
and Tortora were driven to brigandage by the way their in- 
habitants were abused with impunity." "The peasants of 
southern Italy," said Govone to the investigating committee, 
"see in the brigand the avenger of the injustice with which 
society overwhelms them. The dissensions between rich and 
poor over the division of certain lands which formerly belonged 
to ancient barons but of which the title was now in doubt, or 
which had been promised to all, especially to the poor farmers; 
the hatred which divided the few representatives of the lesser 
nobility in the conmiunes of southern Italy; and the acts of 
vengeance practiced against the clients of one or another — 
these were the principal causes of brigandage. Of 124 com- 
munes in Basilicata there were only 44 without a brigand, and 
these were the only ones where the administration was in the 
hands of honest mayors. Of the two conmiunes, Bomba and 
Montazzoli, near Chieti, the first, where the poor were well 
treated, had no brigands, while the second, where they were 
abused, had a great number of brigands." " In the small estates 
of soutiiem Italy," observes Villari very truly, "the Middle 
Ages still exist in the midst of modem civilization, only in place 
of the ancient baron we have to-day the plebeian creditor." 
"We have in Sicily," writes Franchetti, "a class of peasants 
who are almost slaves of the soil; a second class, consisting of 
persons who consider themselves superior to the law; and a 
third, and this the most numerous, who regard the law as use- 
less and have exalted to the dignity of a principle the custom 
of securing justice for themselves by their own efforts. And 
where the majesty of the law is misunderstood and despised, 
its r^resentatives cannot be respected. The public official in 
Sicily is flattered and fawned upon so long as the originators 
o! the abuses and tyrannies there hope to have him for an accom- 
plice, or at least as a silent spectator of their misdeeds; but as 
Wa as a man is discovered who is faithful to his duty, he is de- 
tested, hunted, assailed, and opposed by every possible means." 
** After the abolition of feudalism," continues Franchetti in 



48 CRIME: ITS CAUSES AND REMEDIES 

another pls^e, "the external form of the social relationship! 
had to change, even if the real nature of those relationshipa 
did not. The absolute power of the great had ceased to be a 
legal institution, together with the jurisdiction and police power 
of the nobility. The instrument which must now be employed 
to cover up abuses was the officer of the state or city. But 
bribery did not always suffice to secure his connivance; it was 
necessary to employ special artifice. Some device must be 
used to acquire or retain control over those whose economic 
condition did not directly reduce them to practical slavery. 
Brute force had to give place, in part, to trickery and cunning. 
. . . But for all that, violence was not done away with, at 
least in a large part of the bland. Nothing had come to break 
up the ancient traditions, and the instruments for carrj-ing them 
into effect had not ceased to exist. The former officers of the 
feudal barons, though thrust to one side, were still there, to say 
nothing of the men who had already committed some crime, 
or were ready to do so, and who could not fail to be numerous 
in a country where the opportunity for crime and the power- 
lessness of tlie law were traditional. But now the officers, like 
the criminals, plied their trade on their own account, and who- | 
ever wanted their aid had to treat with them both." ^ 

"The word malandrino in Sicily loses its significance as d 
term of infamy and comes to be used among the people as i _ 
laudatory designation, proudly borne by many honorable per- 
sons. 'I am a brigand {malandrino)' means for them that the 
speaker claims to be a brave man, afraid of nothing, especially 
not afraid of justice, which they confuse with the government 
or, rather, with the police,"' 

This false conception of morals, this lack of perception of tl 
distance between honesty and double-dealing, explains how i 
is that the brigand finds accomplices among the peasants and] 
even among the proprietors, with whom he lives 
gard crime as a new means of speculation. This state of things, 
according to the reports of the prefects. Is the worst plague in 
Sicily, for while the real brigands who roam the country are few 
in number, at certain times they become legion, reinforced by 
their peasant auxiliaries. Further, the great proprietors them- 
selves make use of the brigands for the purpose of exacting ran- 
soms, annulling wills, and establishing their tyranny over thdz^ 

' Praachetti, "Condizioni Politiche e Amministrative della KcilUi J 
Florence. 

' Tomaaai-Cndeli, oy. cil. 



no- H 

the 

dly 

Lient, _ 

andfl 
o re-4 




§26] CIVILIZATION, BARBAHISM. ETC. 49 

fellow-citizens. From this cornea also their repugnance to laying 
information, which seems to them more immoral than murder 
itself, so that a dying man may conceal the name of hb mur- 
derer to the last. It is not homicide that arouses their aversion, 
but the law. Accordingly, in the few cases in which accusation 
is brought, the crime still goes generally without punishment. 
Thus in the province of Naples, of 150 brigands taken with anns 
in their hands, 107 were acquitted by the jury, and only 7 con- 
victed.' The situation is the same in the Romagna, as Alfred 
Comandini has shown us,* and, according to Bourde and Bour- 
aet> IB Corsica also. 

"The cause of all our ills," writes Comandini, "is the abuse 
of wine, the wide-spread custom of carrying arms, and the 
political associations that have come down as a tradition from 
the despotic times when all classes took part in them even at the 
peril of their lives. Their aspirations were honorable, but very 
often they favored the escape of a prisoner, because, if arrested, 
he might betray them. These associations have no longer 
any political or educative aim, not even that of mutual assist- 
ance. They afford oftenest only an occasion for drinking to- 
geUier, generally at the expense of the richer members, and this 
usually degenerates into fighting and brawling, in which from 
their traditional duty of aiding one another large numbers are 
frequently involved." 

But even more significant than the situation in the Romagna 
is the example which Corsica gives of an unconscious criminality, 
derived from social-historical conditions, as well as from the 
purely historical influences already pointed out. 

"The frequency of murders committed out of revenge," 
frites Boumet,' " is known to all the world, but it is not so well 
known how trivial the causes often are. That a dog belonging 
to a Tafani was killed by a Rocchino caused the death of eleven 
members o( the two families. In 1886 there were 135 attacks 
upon persons, or 1 to 200 inhabitants; that is to say, four times 
iDore than in the department of the Seine. Of these 135 at- 
Ucks, 52 were made as a result of quarrels and brawls. No 
"itnesa can be made to testify. In Palermo there were 60 
persons present at a crime, all of whom swore that they had 
Men nothing," 

' Jorioz, "D Brigantaggio," 1875. 

' "Le RomaEpe,^' Verona, 1881. 

' Bournet, "CriminaLW en Corae," 1887, in "Arohivio dj Psich.," VIII. 



50 CRIME: ITS CAUSES AND REMEDIES [§26 

Bourde, following the reports of the cotustabulaiy, estimates 
the number of bandits at from 500 to 600. 

"It all comes back to this," he says, "that the peasants in 
remote villages, who are enemies to the cluet of the clan, are per- 
suaded that there is no justice. The Corsicans are verj- proud, 
scorn physical labor, and till the soil only unwillingly. They 
are better endowed intellectually than morally, and have a way 
of their own of regarding good fortune and conscience. Their 
organization is very similar to the Roman patrician system. 
Fifteen or twenty families rule all the rest, some having control 
of only a hundred votes, others having thousands of electors 
to express their will. For two hundred years fifty families 
have been devoted to a single one. Independent life is impos- 
sible, for he who stands alone comes to nothing. The members 
of a family risk their lives with a sublime self-abnegation for 
the sake of one of their number. Two consciences struggle 
for supremacy in the island, the modern conscience, inspired 
by the principles of right and equity, and the ancient Corsiean 
conscience, which cannot raise itself above the interests of the 
family association. The latter generally prevails, and the ef- 
fects of it were seen in the proceedings of the juij' which valued 
the land condemned for the railways. The jury, presided ov« 
by Casabianca, the chief of the most powerful party in the 
island, made itself notorious by its partiality. Benedetti, an 
enemy of the party, received 2000 francs for a vineyard of 17 
ares, while a certain Virgitti, a follower of Casablanca's, re- 
ceived 13,000 francs for a vineyard of 19 ares, and so on. In 
Corsica even the victims thought these injustices natural, and 
would have practiced them themselves if they had had the 
power. The justices of the peace are all-powerful, but veiy 
partial and devoted to the interest of the party that has elected 
them. In making up the voting lists they do as they like, 
striking off the names of those who might injure them, and add- 
ing the names of those who may be useful; and this in spite of 
the courts of appeal and cassation. Serious crimes not infre- 
quently result. The artifices employed at elections are numerous 
and varied, and often have a tragic ending. At Palneca the 
mayor, Bartoli, three times postponed the voting, waiting for 
a favorable moment. The fourth time (Sept. 28, 1884) he and 
his partisans fortified themselves early in the morning in the 
town hall, and when their adversaries arrived they could not 
enter. These, exasperated, attempted to storm the place, hut 
were repulsed with fire-arms. All day shots were exchanged 
from one house to the other, with deaths and wounds resulting- 
BartoU's opponents told the prefect that they 'would rathff 



§26] 



CIVILIZATION, BARBARISM, ETC. 



51 



die than endure such slavery.' In 1885 in all France there were 
42,523 misdemeanors in rural districts. Corsica alone had 
13,405 of them, nearly a third!" ^ 

The progress of civilization, by endlessly multiplying needs 
and desires, and by encouraging sensuality through the accu- 
mulation of wealth, brings a flood of alcoholics and general 
paralytics into the insane asylums, and crowds the prisons with 
offenders against property and against decency. Statistics 
show us, in fact, that most crimes of this character committed 
in the great cities among the cultivated classes are on the 
increase.' Sighele shows us for his part that modem collective 
criminality has the same characteristics. 

» Bourde, "En Corse," 1887. Arch, di Psich., Vm. 

s 



Pniana, 1854 
1859 



tt 



Crimes 
against 
persons 



8.9 % 
16.65% 



Suicides 



.43% 
.52% 



Thefts 



88.41% 
78.17% 



Offences 

against 

decency 



2.26% 

4.68% 



•J 



France: 



(Oettingen, op, cU.) 



From 1831 to 1835: 



Indecent assaults 
upon 


Abortions 


Infanti- 
cides 


Suicides 


Thefts 


Homicides 


Adults 


Childxen 




2.95% 


ZM% 


.19% 


2.25% 


3.83% 


14.40% 


14.40% 



From 1856 to 1860: 



6.20% 



20.59% 


.97% 


67.45% 


6.18% 


11.83% 



11.83% 



The ratio of burdaries and highway robberies in Corsica to 



those in France was 

Of rapes 

** panicides and bankruptcies 

" CQEtortions 

" rapes of yoang girk .... 
" homicides 



as 0.38 to 1 

" 0.50 " 1 

" 0. " 1 

" 3. " 1 

"23. " 1 

"32. " 1 



(Robiquet, "Les Crimes en Corse/' 1862.) 



52 CRIME: ITS CAUSES AND REMEDIES [§26 

Confronted by these two forms of coUective criminality it is 
natural to ask ourselves, "Why does the criminality of the rich 
take the form of cunning, while that of the poor is based upoQ 
violence?" The answer is easy. The upper classes represent 
what is really modern, while the lower still belong in thought and 
feeling to a relatively distant past. It is, then, logical and natu- 
ral that the former should show the result of modern develop- 
ment in their collective criminality, and that the latter should 
remain, on the contrary, still violent, not to say absolutely 
atavistic. 

Bagehot has said: 

" In order to be persuaded that fineness of feeling diminishes 
in proportion as one descends the social scale, it is not necessary 
to visit savage peoples; it is enough to talk with the English 
poor, or even with one's own servants." ^ 

In the second place, if the criminality of the rich is a patho- 
logical phenomenon indicative of the defectiveness of the an- 
cient social organization that has come down to us, that of tie 
lower class, on the contrary, may appear to be the premature 
announcement of a new era about to arise. It b for this reason 
that the former bears all the marks of senile cunning, while the 
latter has the reckless audacity of youthful strength. Finally, 
the rich constitute the majority, if not in number, at least in 
power and in the strength of their position. The poor, on the 
other hand, represent the minority. Now it is characteristic of 
all minorities to be bolder and more violent than the majority. 
They have to conquer, while the majority have only to keep what 
tliey have gained. More energy is called out by the chance tu 
attain something, or reach a distant goal, than by the need of 
guarding a present possession. Victory softens and enervates, 
while the desire to conquer increases the courage a liundred- 
fold.' It is, in fact, with a, minority as it is with a single indi- 
vidual who is attacked by a number of persons. Such a oue 
shows a degree of strength which he would not at all manifest 
if others were at hand to aid him, Netressity increases the de- 

' Bagehot, "Loia Scientifiquea du Developperaent des Natiooa," Parisi 
1880. 

* Sighele, op. nl. 



§27] CIVILIZATION, BARBARISM, ETC. 53 

fensive power of those who stand alone and feel their weakness. 
The instinct of self-preservation, aroused by danger, gives to 
the organism the courage of despair. In the field of crime this 
natural law cannot fail to show itself among the lower classes, 
who have to contend against great odds and make up for their 
natural weakness by the boldness and violence of the means 
they employ. 

However painful it may be to admit that civilization has 
succeeded only in changing the kind of crimes, and perhaps in 
increasing their number, the fact itself is easy to understand, 
when one sees how much more advantageous the progress of 
education has been for attack than for defense. 

$ 27. Congestion of Population 

To the reasons which we have just enumerated must be added 
others of a different order. On account of railways, and govern- 
mental and coftmiercial concentration, civilization tends con- 
tinually to make the great centers of population still larger and 
to overpopulate the principal cities. And, as is well known, it 
18 in these that are found crowded together the greatest number 
of habitual criminals. This unfortunate concentration of crime 
is to be explained by the greater profits or the greater security 
which the large cities offer to criminals. But this, perhaps, is 
not the only reason, for if in the cities vigilance is more relaxed, 
prosecution is more active and systematic; and if temptations 
and inducements to crime are more numerous, so are the oppor- 
tunities for honest labor. I believe that there is another influ- 
ence at work which is more powerful still. The very congestion 
of population by itself gives an irresistible impulse toward crime 
and inmiorality. 

"There is," writes Bertillon, "a kind of violent and morbid 
tendency that moves us to reproduce the feelings and move- 
ments which we see around us. Many causes contribute to this : 
youth, femininity, and above all (as Sarcey says) the mutual 
contact of sentient persons, which gives added strength to 
the natural impressions that each one has by himself. The 
air IS filled with the dominant opinion, and transmits it like a 
contagion. 



54 CRIME: ITS CAUSES AND REMEDIES [§28 

It has I)cen observed that even the crowding together of 
horses develops the tendency to sodomy. All these causes, 
to^etlier with the parallelism that always exists between the 
(U^velopmcnt of the sexual organs and that of the brain, and 
also with better nutrition, partly explain for us the great in- 
rrcasc of crimes of sensuality, a characteristic of modem crimin- 
nlity harmonizing with the constant increase of prostitution so 
marked in the large cities. It is for this reason that women are 
more criminal in the more civilized countries. They are almost 
always drawn into crime by a false pride about their poverty, 
hy a desire for luxur>% and by masculine occupations and edu- 
cation, which give them the means and opportunity to cominit 
crimes of the same character as the men, such as forgeries, 
crimes against the laws of the press, and swindling. Civilia- 
tion increases the number of certain crimes, just as it increases 
cvrtain fonns of insanity^ (paralysis, alcoholism), because it in- 
creases the use of stimulants, which, SK'hile almost unknown to 
savages, have l>eci>me a veritable necessity to the civiliKd 
workl. Thus wo see to-day in England and America, that in 
addition to the abuse of alcohol and tobacco there is creeping in 
that of opium and even of ether; and that in France the con- 
smni>tion of brand,v grew from eight liters in ISW to thirty in 
1S70. 

§ iS. The Press 

Civiliration. by favoring the creation and dissemination of 
nowsprt|>ors, which are always a chronicle of Ances and crimes^ 
and often arc nothini: else, has furnished a new cause of crime I7 

' T-»kin<:. ic^r ovAmplo. ihe stAtisiics of the most advanoed ooantiyiB 
t^o n\>r!,i - :hr ln'.t«M Stales — we sof ia ihe valuable Cenms of ib 
\ iv.:<\i S:A:«'*jt .Cor.v.vr.iir.ir.1 of :hf Ten:h Census tlSSO) of the UbM 
Sts-^:*^. 1^ U. r ICvMv :ha: :bo ir^«wknr. who numbered 15,610 in 18% 
■:*.iM: ;n 1S«h\ ir..i :^:.4;^: :n 1S70. h&.i ir-rresskxi by ISSO to 91,907; wMk 




iViSAnc l.V ".- - Ir. V.nc.An.: .sn.i WiW ibew were in 1S59 18.6 n 

ivr^w to ihr UViW. \r./i?5N.V 2S9; ia 1S««. 39 —In Italj ("AicMi 



the inMnr 10 UViW: ir. ISTT. Ml: in ISSd. 61:25; in 1883; 67.7; ii 
\SS\^0. in ISSS.74 



§28] CIVILIZATION, BARBARISM, ETC. 55 

indting crimmals to gnulaU on andimitaUon. It is sad to think 
that the crime of Troppmann brought the circulation of the 
PeUt Journal up to 500,000 and that of the Figaro to 210,000, 
and it was doubtless for this reason that this crime was imitated 
idmost immediately in Belgium and in Italy. Note the following 
strange crime. During the absence of the proprietor R. his 
itrong box was forced. His assistant was inunediately ar- 
rested and the exact simi taken was found upon him, — indeed, 
the assistant admitted of his own accord that he had taken the 
money, but without evil intent. He had, in fact, without the 
necessity of breaking into the safe, much larger siuns under his 
control, and this with the consent of his employer, who had 
great confidence in him. He had committed the crime, he said, 
only in order to try a trick that he had read the day before in the 
Dewspaper. His employer, knowing him to be a constant reader 
ol the papers, declared that he accepted this explanation, and as 
loon as the assistant had been acquitted reinstated him in his 
position. In Paris in l873 one Grimal decided to conunit a 
crime in order to get himself talked of, like certain great criminals 
of whose exploits he read in the newspapers. With this aim he 
committed arson, but notwithstanding his confession his guilt 
was not believed. He maltreated his wife with the result that 
she died, and avowed himself the cause of her death, but he 
came out of this affair also with the verdict of ''not guilty.'* 
Then it was that the case of the widow Gras fell under his eye, 
and in order to imitate it he threw nitric acid into a friend's 
face, thereby killing him, and then went about telling everyone 
of his crime. The next day he first hastened to read the ac- 
count of the murder in the Petit Journal^ and immediately 
afterwards went to give himself up as a prisoner. It was per- 
fecklty obvious that reading criminal tales and various other 
icpoits in the papers suggested to him the idea of his crimes. 
Tlie same may be said of those novels which deal almost ex- 
tiaavfiy with the acts of criminals, like those at present f ash- 
iooaUe in France. Thus in 1866 two young men, Brouiller and 
ienean* stranded a tradeswoman. When arrested they de- 
jaied that the crime had been suggested to them by reading a 
lovd by Delmons. ''Some," says La Place very truly, "have 



56 CRIME: ITS CAUSES AND REMEDIES [§28 

received from nature an organism inclinejd to evil, but their in- 
clination is turned into action only by hearing or seeing the mis- 
deeds of others." Some years ago a package of ten stolen bonds 
was found done up in a paper, upon which the thief had written 
these gloomy lines taken from a novel by Bourrasque: "Con- 
science is a word invented to frighten fools and to make them 
submissive in their misery. Thrones and millions are only to 
be gained by violence and fraud." In the great cities many are 
incited to crime in the places where cheap lodgings may be 
obtained for the night. "Many»" says Mayhew, *'are brought 
to the lodging-house through being thrown out of work, and 
from the lodging-house are drawn into theft.*' 

The political laws and the new forms of popular govenunent 
imposed by modem civilization, and in part also by a pretended 
liberty, favor in every way the formation <^ jK2$^eties, under 
the pretext of social amusements, administrative enterprises, or 
mutual aid. The example of Palermo, Leghorn, Ravennt, 
Bologna, the history of Luciani and Pagge, and that of Cri^i 
and Nicotera, show us how short the distance is from sudi gsaet- 
ous enterprises to the most immoral violence and even to crimeL 
In North America some societies have gone so far as to commit 
crime with impunity, and in two of the most flourishing cities 
(New York and San Francisco) even officially, and have almost 
succeeded in legitimizing their frauds. The political revolutions 
which are more frequent with these forms of government caose 
an increase of certain crimes, either because they bring together 
crowds of people or because they excite violent passions. **Sput 
is a prison," says an illustrious Spaniard, '"where it is possSde 
to commit any crime whatever with impunity, provided ok 
cries in favor of this or that, or gives to his crime a politiol 
appearance." The number of criminals acquitted there rose ii 
five years to 4065, four times what they were in Prance,* It if 
not astonishing, then, that in Spain crimes are proportiooaielf 
more numerous than elsewhere. 

Wars, like revolutions, increase the number of crimes^ b^ 
cause of the increased massing and contact of men* — 
proved in Italy in 1866 (Curcio), and in North America * 

1 Armengol, "Estudios Penitenciarioe," 1873. 



§29] CIVILIZATION, BARBARISM, ETC. 57 

and after the Civil War.^ Sexual crimes, which before the Revo- 
lution of 1848 in France were from 100 to 200, increased first to 
280 and then to 505, and with them illegitimate births increased 
also. 

After all this it is easy to comprehend, without the necessity 
of citing figures, how much crime is increased when the criminals 
are herded together in prisons, where, according to the avowal 
of the criminals themselves, the greatest wickedness is a title to 
^oiy, and virtue is a badge of shame. Civilization, by multi- 
plying great penitentiaries, gives by that same means a greater 
extension to crime. This is the more true since a blamable 
solicitude has introduced charitable and philanthropic institu- 
tions (reform schools, etc.) which suffice to imdermine the 
character of respectable individuals, but not to soften the heart 
of a hardened culprit. We shall see how, after the introduction 
of the ticket-of-leave, there was noted in 1861-^2 in England a 
great increase of delinquents, as had already occurred in 1884 
after the inauguration of the transportation system.^ The houses 
of correction, which seem inspired by a truly humanitarian feel- 
ing of charity, through the single fact of their bringing together 
a mass of depraved individuals exeteise an influence quite other 
than salutary and almost always directly opposite to that for 
which they were instituted. It is worth noting here that the 
iOustrious Olivecrona attributed the great number of Swedish 
recidivists to the vices of the penitentiary system and to the 
custom of submitting yoimg offenders to the same discipline as 
the adults.* 

§ ag. New Crimes 

Civilization introduces every day new crimes, less atrocious 
perhi^ than the old ones but none the less injurious. Thus in 
London the thief substitutes cunning for violence; in place of 
burglary he practices purloining by means of special apparatus; 

1 Corre, op. cit. p. 78. 

s From 2649 in 1863-64, the criminals increased to 15,049 in 1873-74. 
In the colonies to which those convicted for crimee of violence were trans- 
portedy these crimes increased until thev were half as numerous as sdl 
others, while in Ehigland they remained only one-eighth as numerous. 
(Bdtrano-Scalia, 1874.) 

s "Des Causes ce la R6cidivie/' Stockhohn, 1873. 



58 CRIME; ITS CAUSES AND REMEDIES [§29 

in place of porcb-climbing he uses swindling and blackmail by 
the aid of the press.' Homicide with the aim of getting the 
benefit of life insurance is an example of a new form of crime 
committed by some physicians, and favored too often by new 
advances in scientific knowledge. Thus the knowledge that the 
symptoms of arsenic poisoning are similar to those of cholera 
suggested to two doctors, during the cholera epidemic in Mag- 
deburg and Monaco, the idea of first insuring and then poison- 
ing many of their patients.^ In Vienna a new crime has been 
invented which consists in appropriating goods that have been 
ordered for an imaginary society.' The anarchists have brought 
into fashion the use of dynamite against persons and buildings. 
Recently there has been introduced in Chicago the electric 
bludgeon, and also a small torpedo, which, being slipped into 
the intended victim's ptx^ket, explodes and blows him to pieces. 
Civilization, by relaxing the bonds of the family, not only in- 
creases the number of foundling asylums, which ore the nurseries 
of criminals, but also multiplies the desertions of adults, rapes, 
and infanticides. 

Notwithstanding these unhappy consequences, we must not 
allow ourselves to be led into an indiscriminate condemnation 
of the fruitful progress of ci\~ilization, since even in the matter 
of crime the change has not been altogether prejudicial, for, if 
for the time civilization has been the cause of the increase of 
crime, it has certainly mitigated its character. On the other 
hand, where progress has reached its height it has already found 
means of treating the diseases it has produced, with its a^- 
lums for the criminal insane, its system of separate confinement 
in the penitentiaries, its industrial institutions, its sa\'ings banks, 
and especially its societies for the protection of children, which 
pre%-ent crime almost from the cradle. (See Part III,) 

' "Quart. Review," 1S71. 

• Peltenkoffer, "Theorie dpr Cholera," 1871. 

• Ruodacbsu, VienDa, 1876. 



CHAPTER V 

DENBITY OF POPULATION — IMMIGRATION AND EMIGRATION — 

BIRTH-RATE 

S 30. Density of Population 

THE influence of civilization in reference to crime may be 
seen better by examining one by one its different factors, 
and in the first place tliat of density; for history teaches us that 
crime appears only when a certain density of population has 
been reached. 

Prostitution, assaults, thefts (as Reclus, Westermarck, and 
Krapotkin have rightly remarked), show themselves but rarely 
in primitive society; as among the Veddahs, who assemble only 
at the rainy seasons, and among certain Australian aborigines, 
who meet only for the yam harvest. It is for the same reason 
that when animals are not associated together or domesticated 
the equivalent of crime rarely appears among them, because 
their brutal instincts lack the means of manifesting themselves. 
When circumstances change, and the formation of tribes and 
dans gives opportunity for it, crime, which has hitherto lain 
dormant, breaks out with violence. Even among the less com- 
I>act barbarous societies crime is relatively rare, even if more 
ferocious; while in our more civilized society crime multiplies, 
and the five or six forms of crime prevalent among barbarians 
have become with us l^on. 

A single glance at the thefts, homicides, and political upheav- 
als of Europe in reference to density of population shows us 
that (with the exception of some contradictions, the result of 
the effect of temperature, which increases homicides and insur- 
rections in the south and thefts in the north) theft increases 



CRIME: ITS CAUSES AND REMEDIES 



[S3( 



will) density, while homicide diminishes. We see, in fact, in the 
folinwiiifc table, that of seven countries having a low density, only 
two, Spftin and Hungary, have very high figures for homicide; 
ami of eight countries having a maximum density, Italy alone 
showH a great nuinlxr of homicides. The reverse is true with 
rcfcard to thefts. With regard to revolts we can come to no 
Imnirtliati* conclusion; for we see in countries of equal density 
(i'olHud, Austria, Switzerland) the greatest differences in the 
nuiulxT of revolutions, while revolutions are lacking in other 
countries with great differences of density, like England, Russia, 
and Hungary. In the Middle Ages Corsica, with a very sparse 
population, had a great number of revolutions, forty-five in four 
cpiiturirs, according; to Ferrari. 



CteaiM um DKmnr c 



ECBOTKAM CoiTNTStBH 



I 



ftalMlktiM 






T1»A<>to 


Iiuumctknu> 


loUw 


CovairiM 


to 1.000.000 


100.000 


to 10.000,000 


*i«H*Mih 




inhalMUnts 




iiih.biUDt« 


« 


ItMift 


H 






M 


SMdHMHl 










MMwr 


13 






« 


DWMdf 


IS 




IS 


» 


.^«iB« 


n 


» 


ss 


1« 


ISrt«ad 


«s 


M 


«8 


l» 




u 


ns 




I.W 


tlMCMy 


TS 


in 




i«i 


fVkwl 


l« 




13 


IW 




l< 


ill 


80 


m 


ftM»» 


l» 


IM 


I« 


«n 




A 


wm 




•>» 


Mr* 


M 


71 


SO 


«N 


SLri* 


T 


19> 




m 


iSCk 


• 


n 


30 


m 


»^HiK 


m 


m 








* 1v<mI«vi)V> MtA ijnHhv '\.r Omit T 



ir Mh O — U BM1 > i w h SM 



§30] 



DENSITY OF POPULATION 



61 



detail with reference to the different degrees of density. In 
Italy for example, we find: * 

Number of Crimes to 100,000 Inhabitants 



Population to the 
■q. kilometer 


Homicides 


Thefts 


Resistance 
to police 


Rapes 


Swindling 


From 20 to 50 
•• 50 " 100 
" 100 " 150 
" 150 " 200 
" 200 upwards 


11.0 
6.03 
6.0 
5.1 
3.5 


199.0 
144.4 

148.0 
153.0 
158.0 


23.7 
25.4 
23.5 
24.6 
29.5 


18.8 
16.4 
14.5 
12.3 
18.7 


52.6 
45.0 
58.5 
54.6 
50.4 



We see, therefore, that homicide decreases as the density 
increases, especially in the great cities, so that Milan, Naples, 
Leghorn, and Genoa, with the most different races and climates 
(Greek, Celtic, Ligurian), give a like decrease in the number of 
homicides; and on the contrary we see the number regularly 
increase where the density is least, that is to say, in the hotter 
parts of the country, and in the islands, where society is more 
barbarous and criminal bands more common. 

Theft, rape, and resistance to the officers of the law also di- 
minish with the increase in density, to rise again rapidly, however, 
with the excessive density of the great cities (Padua, Naples, 
Milan, Venice). Swindling follows an irregular course, but 
nearly always in the direction opposite to the density, — a fact 
which arises from the strong participation of the islands, espe- 
cially Sardinia, in this crime, and also from the strong bias in 
favor of old racial customs in the provinces of Forli and Bologna, 
where swindling is widespread. The latter place is proverbial 
for swindling, and Dante in his Inferno makes Venedico say: 
** I am not the only Bolognese weeping here; this whole place is 
fuD of them." « 

So also in the recent French statistics we find the following: * 

^ Bodio, "Annuario Statistico Italiano/' ISdi, Rome. 

* E non mar io qui piango Bolognese: 
Ami n e questo luogo tanto pieno. 

Canto XVIII. 

• Ferri, "Omiddio," 1896. 



CRIME: ITS CAUSES AND REMEDIES 



aoto 40 
40 " OT 

eo " 80 

"100 



100 



Number of crime* to 100,000 



Homicides Bapes 



We see that theft becomes more and more frequent as the 
density increases. Homicides and rapes, on the contrary, show 
the highest proportion with the minimum or the maximum of 
the density. This contradiction is explained by the fact that 
where the population is most compact occur the great indus- 
trial (Seine-Inf^rieiire, 93) and political (Paris, 18} centers, and 
ports of immigration ( Bo flches-du- Rhone, 45), where the oppor- 
tunities for conflict are more fretiuent; and where there is the 
minimum of density (Corsica, 200); Lozere, 41; Hautes-AJpes, 
24) there is the maximum of barbarism, and we hnve seen that 
assaults and assassination are there often regarded more 
necessities than as crimes. 

The same thing is true of political insurrections, as I hai 
proved in my " Crime Politique. " A study of the revolutionary 
and of the ultra-conservative populations of the French depart- 
ments shows that the former are always more numerous in the 
districts where the density is greater. In studying the relation- 
ships of the density of population and the monarchical reaction 
in France, we find that in the departments with the denser popu- 
lation popular opinion is more inclined toward republican ideas. 
On the other hand, Basaes-Alpes, Landes, Indre, Cher, and 
Lozere, which have no more than forty inhabitants to the square 
kilometer, in the elections of 1877-81-83 gave a high percentage 
of votes to the monarchical party. The same is true in Vendee, 
Nord, Hautes-Pyr^n^es, Gers, Lflt, and Aveyron, which have 
not over sixty to the square kilometer; and a similar phenome- 
non has been noticed in the case of the plebiscites (Jacoby). 

When, on the contrary, the population reaches a high degree of 



lai 




§31] DENSITY OF POPULATION 63 

density, as in the departments of the Rhdne, the Loire, Seine-et- 
Oise, and Seine-Inferieure, we see the revolutionary spirit take 
on a great development, as Jacoby has already remarked (op, 
cit.). The greatest revolutionary tendency is found in the de- 
partments with a compact population, followed by those with a 
moderate density; while in the departments with a minimum 
density the conservatives prevail. 

It is easy to understand that where the urban population is 
densest political agitation is also most frequent. This is to 
be noticed especially in Paris, where, as Viollet-le-Duc writes,* 
"the whole civilized world empties its scum, making a cos- 
mopolitan city where a mob without country, principles, or 
traditions presumptuously directs the elections, and takes ad- 
vantage of the misfortunes of the country to overturn the 
government and put itself in power." Thus it was that after 
the Commune, out of 86,809 individuals arrested, there were 
1725 foreigners and 25,648 provincials. 

"It is the failing of coimtries too thickly populated," con- 
cludes Maxime du Camp, "that in them the provincial life can 
be developed only imperfectly. 

" Great capitals are dangerous for the political peace. They 
are like a suction-pump: they draw everything in and let 
nothing out. France has too big a head, and like a hydroceph- 
alous patient is subject to real outbursts of maniacal fury. 
Such an outburst was the Commune." 

On the whole the influence of race and climate blots out that 
of density, but the influence of this latter is still to be detected, 
both in the number of thefts, which it increases, and of homi- 
cides, which it diminishes. 

S 3z. Immigration and Emigration 

It is an undeniable fact that there exists a striking contrast 
between Italy and France, a complete contradiction, which, 
as we shall see, applies to wealth as well as to crime. In Italy 
homicides decrease regularly with the increase in density of the 
population, while in France they increase extraordinarily when 
the maximum density is reached (though Paris, to be sure, in 

^ "M^moires sur la Defense de Paris/' 1871. 



64 



CRIME; ITS CAUSES AND REMEDIES 



I 



tliis regard falls below Seine-et-Oise, which surrounds it). The 
contradiction is, however, explicable. The situation in Italy ii 
due to the increasing influence of civilization exercised by the 
great centers, which diminishes the traditional propensity to 
regard the taking of life in revenge as a duly or even as a right; 
and further it is due to the degree of what Fern calls "criminal 
saturation," caused by the excessive number of crimes of blood, 
so great as to be incapable of further increase. The contrast 
offered by France, however, is due to the special condition there 
produced by a new element, namely, immigration, which ia 
lacking in Italy. This increases the density of the population, 
it is true, but in a manner particularly fraught with conse- 
quences, since it introduces into the country more than 1 ,000,000 
foreigners at an age and under conditions which render them 
especially prone to crime, and further concentrates the process, 
at certain points only. In fact, the maximum of homicides, 4ft] 
is given by Boflches-du-Rh6ne, a department which is one of 
the great centers of immigration, having 50,000 Italian resi- 
dents. If, however, we take Joly's graphic presentation of 
criminality by the native country of the criminal, thus elim- 
inating the factor of immigration, we find that Boflches-du- 
Rh6ne goes down from the maximum degree. 86. to 62; H^rault 
from 81 to 63, Alpes Maritimes from 83 to 45; without speaking 
of the department of the Seine, where out of 40,000 persons 
arrested only 13,000 were born in the department, for if Paris 
imports a great many rogues, she exports a great many also. 
H^rault itself would have a good record, but one city (Cette] 
spoils everything. Of 10 persons indicted it furnishes 
7; it supplies by itself half of the cases tried at the court a 
Montpellier, a fact due especially to the great number of retndi- 
vists, who throng here and sleep in the open, and to the foP*i 
eigners. In 1889 there were 21 foreigners indicted to 118 resi- 
dents; that is to say, while the proportion of natives was 2 to 
the 1000. that of foreigners was 19 to 1000. The same thing ii 
true in Marseilles of the laborers working at the port. "It ii 
these foreigners," writes Joly, "who furnish the strongest eoi 
tingent to the thefts, assassinations, anarchistic riots, assault^J 
etc." 



1 

i 



•< 

M 
«« 
«« 
«« 



28% 
29% 



M M aoor «< 






§ 31] DENSITY OF POPULATION 65 

In 1881 there were 17 i«>e8 to 1,000,000 French 
M « «< «< ^ ^ M « foreignera 

In 1872 " " 18 " •* " French 
- " " " 46 " •• " foreignera 

It was known already that the immigrants showed a high 
degree of criminality. 

From the recent statistics of the United States ^ it is seen 
that the States which receive the greatest number of immigrants, 
especially Irish and Italians, give the highest number of crimes. 
Thus: 

CaMomm 0.90 criminals to 1000 population, 83% immigrants 

Nevada 0.31 " " " " 41% 

Wyoming 0.35 

Montana 0.10 

Azisona 0.16 

NcwYoik 0.«7 

On the other hand. 

New Mexico 0.03 " - " " 6.7% immigrants 

Pcm^yivania 0.11 - " " " 13.0% 

This runs counter to the notion of the effect of density of 
population upon crime. Montana with 0.8 inhabitants to the 
square mile, Wyoming with 0.2, Nevada with 0.6, and Arizona 
with 0.4 have, notwithstanding their low density, an enormous 
contingent of crimes, on account of immigration; while New 
York, with 151 inhabitants to the square mile, and Pennsyl- 
vania, with 95 inhabitants to the square nule, where the density 
is very great, have a much lower criminality. The District of 
Columbia also, which contains 2960 inhabitants to the square 
mile, shows relatively low figures. 

Of 49,000 individuab arrested in New York 32,000 were 
immigrants.' 

Of 88,000 prisoners in North America, 20,000 were children 
of foreigners.* 

In France it has already been observed that in 1886 

of 100,000 settled rendents 8 came before the courts 

** ** who had changed residence 29 " 
•■ ** foragners 41 



«« «« 
« « «« 



1 •'Gompendium of the Tenth Census (1880) of the United States." 

Pi. n. p. 1600. 

> Braee, ''The Dangerous Classes." 
* Bfldnumi-Scalia, op.dL 



66 CRIME: ITS CAUSES AND REMEDIES (531 

At present in France immigration has trebled; from 1851 to 
1886 it increased from 380,381 to 1,126,123. 

Joly ' has rightly remarked that when the tide moving men 
to emigrate is weak it draws tlie stronger and more intelligent, 
but when it becomes too violent it sweeps along good and bad 
alike. In fact, the greater part of the criminality of the immi- 
grants is furnished by the border provinces, where emigration 
is easy. Thus in 1886 there were 4 convictions to 100,000 Swiss, 
18 among the same number of Spaniards, S3 Italians, and abnoit 
no English or Russians. In Paris, in the same way, in pro- 
portion to their numbers, the Belgian and Swiss colonies fur- 
nished three times as many of the persons arrested as did the 
English or Americans. The Italian colony, wliich is hardly four 
times as large as the Austrian, furnished 15 times as many 
arrests.' On the other hand, the less stable the immigration is 
the more crimes it furnishes. The Belgians, who become nat- 
uralized Frenchmen, commit fewer crimes than the Spaniardsi 
who are nearly always merely temporary residents. 

The situation is similar with reference to migrations within 
a country, especially migrations of a wandering sort, like that 
of pedlars. For example, in a study made at St. Gaudens, from 
which many of the French pedlars start out (about 7000 in a 
population of 36,000), it wa.s found that they furnished a very 
high proportion ot crimes, both of fraud and of violence. From 
41 in 1831-09 these had increased to 200 and 290 in 1881; and 
the abandoned children, adulteries, and divorces were also very 
numerous. 

Sarthe is one of the best of the departments of France m 
point of criminality; but if we take account of crimes committed 
by natives who have emigrated it rises 34 degrees in the crim- 
inal scale. For analogous reasons the department of CreiiK 
rises from the third to the eighteenth place, owing to its 45,000 
immigrants caused by the instability ot labor. 

Many come to the great cities honest but with false ideas ot 
the new situation that has enticed them, and are, in conse- 
quence, easily led astray, and little by little become criminals. 
The young girl, having yielded to seduction, becomes a prosti* 
' "Franoo Criminelle," 1890, ' Joly, op. csL 



§ 31] DENSITY OF POPULATION 67 

tute; the workman, lacking work, falls into idleness, and, sur- 
rounded by companions who incite him to evil and tempted by 
the allurement of a thousand pleasures that he sees others en- 
joying, becomes a thief. There are repentant workmen who 
hope to make themselves forget and to redeem themselves by 
work, but they soon relapse, either through again running into 
ten^tation or through inability to cover up the past. Finally 
there are evil-doers who come to the city only to commit crime. 
In the small towns, as Joly very well says, it is necessary to 
seek opportunity for crime; in Paris the opportunity comes to 
you and draws you. High livers are themselves a cause of 
crime, especially crimes against pubUc decency. In Paris such 
crimes may be conmiitted with such clever shifts that they no 
longer appear to be criminal.^ 

''The full-blooded Parisian mingled in the excesses of the 
Commune only in a very moderate degree," writes Maxime 
du Camp. ^'The scum of the provinces fermented in Paris. 
The ruined men, the empty-headed, the envious, rushed to the 
city, puffed up with a sense of their own importance, and, be- 
cause they had become excited in the village wineshops, be- 
fieved themselves capable of ruling the world. Paris must 
realise their dream or perish; but Paris did not even know 
their names, and to expiate this grave offense it must fall." 

The emigrant in general (as I have already pointed out in 
the second edition of my '* Homme Criminel") is that human 
pfoduct of society which has the greatest tendency toward asso- 
ciated crime. For emigrants are the most necessitous part of 
society, the least closely watched, have no feeling of shame, 
■scape justice most easily, and make a great use of thieves' 
dang. Thieves are almost always nomads.^ Emigrants from 
Abrano formed the greatest contingent of the Mandni Band. 
(lorioK). The small inmiigration of the Garfagnini to the quar- 
€i Carrara produces crime even after the return of the work- 
for they come back drunkards, cynics, and members of 
societies. In centuries past these same migrations were 
a cause of crime.* The band of Fiordispini, for example, 

0m. eU. * Op. ciL Vol. I, Ft. 3, Chap. X. 

Mttidt "Dell' Emigrazione di Garfagoana/' 1879, Milan. 




68 CRIME; ITS CAUSES AND REMEDIES [§31 

was originally composed eotirely of tinkers, candle sellers, har- 
vesters, and [)edlars, who were already too much noted for 
sporadic crime. Even emigrants who are migrating because of 
religious fanaticism, and hence ought to be farthest from crime, 
nevertheless contribute notably to the number of cases of asso- 
ciated crime. The word "mariulo" seems to be derived from 
the custom of crying in chorus, "Vive Maria!" prevalent among 
the pilgrims to Loretto and Assisi — a custom which did not 
prevent them, however, from committing rapes and robberies, 
believing these expiated by their pilgrimage.' Pilgrimage was 
for them a convenient means of committing crime and a still 
more convenient means of doing penance for it. It was like 
the famous lance which first wounded, but immediately after- 
ward healed the wounds. I have found a proof of this in a 
decree of the king of France, dated September, 1735 (recalling 
other decrees of 1671 and 1686), in which pilgrimages were pro- 
hibited as a frequent cause of grave crimes.* 

1 Lozzi, "Dcir Olio in Halia." Florence, 1870. 

• It seenta worth while to give the text of it here: "His Majesty, 
calUng to mind the declarations of the lale king, his great-grandfather. 
dat«d August, 1G71, and January, 16S6, which prohibit (under penalty of 
condemnation to the salle>-s for life, in the case of men, and in the case 
of women other pennies at the discretion of the judges) to any of his 
subjects to go on a pilgrimage to Santiago in Galicia, to Our Lady oi 
Loretto, njid to other places otiteide the realm, without depress pennis- 
eian of His Majesty, countersigned by one of his secretaries of state with 
the consent of the bishop of (he diocese; 

"His Majcely being informed that, notwithstaDding these otdere, 
many of his subjects neglect to ask permission or abuse the permission in 
different ways when obtjuned, and under a specious pretext of devotion 
abandon their famihes, their parents, their maatere. their profcesions, 
their trades, in order to be free to lead a wandering life, full of idlenees 
and licentiousness, which often leads t.bcm into crime; 

"That others, leaving the realm in the hope of cetablishing themsclTta 
more advantageously, find in the end neither the advantages nor the help 
which good conduct m their native land would tiave brought tbem; and 
that, the greater part of them die miserably upon the road, or run the 
risk of being enlisted, whether they wilt or not, m the attnies of neig^itxK^ 
ing powers; 

"That often it happens that soldiers in the service of His Majecty 
mingle with these vagabonds and on account of the great number of these 
have an ooporl unity to rf(«ert ; 

"His Majesty, judging it necessary for ihe good of the service and ct 
the public to put an end to these disorders bv suppressing the pteteit that 
pvee rise to them, expreesly forbids any of liis subjects, to whatever ttfi 
eex. or condition they may belong, to go on a pi^pimage to Santiago o 
GtJicia, to Our Lady of Lorcito and MonteCcrrato, and other placcB out- 
nde of our realm, (or any OHue or pretext whataoever, tad this under 



§32) 



DENSITY OF POPULATION 



69 



This is doubtless the reason why places endowed with cele- 
brated shrines have generally the worst reputations, as d'Azeglio 
remarks in his ''Beeollections/' 

The influence of emigration e}q>lains clearly why, in the rela- 
tion of homicides to density, Italy differs from France. In the 
latter country in the ten years, 1880 to 1890, there was a yearly 
average of only 11,163 emigrants, while in Italy the number in 
1892 reached 246,751, with the yearly average about 124,000.^ 



§ 32. Birth-rate and Iminigratioii 

These investigations of emigration solve in great part another 
problem which seems to present a complete contradiction in 
Italy and France. Granting the influence of density of popu- 
lation upon certain crimes, it would appear that these crimes 
ought to follow the variations of the birth-rate, and that, for 
example, theft, which increases with the greater density, ought 
also to increase with a higher birth-rate. In France, however, 
we see rape and assassination increase with the maximum den- 
sity, but in inverse ratio to the birth-rate. Corre, and Joly 
after him {op. cit.), have observed in France the maximum 
criminality in the departments having the lowest birth-rate. 



Birth-rate 


Crimes 
against persons 


Thefts 


Rapes 


19.00 
16.47 
14.05 


64 
66 
89 


83 

99 

186 


17 
26 
29 



The fact is that in France the lower birth-rate stands in direct 
relation with the immigration of foreigners. This is the more 
easily expUined, as Maurel observes,^ since where there is a 
lower birth-rate there is also a smaller number of men. Now 

penalty of being condemned to the galleys for life in the case of men, 

etc^ etc. 

^Declaring null and void all permits previously granted.'' 
1 ''Statist dell' Emigrazione Italiana," Rome, 1894. 
• "BevueScientif.," Nov. 12, 1895. 



70 CRIME: ITS CAUSES AND REMEDIES [§32 

according to Joly's observations with regard to Cette aod Mar- 
seilles, the deficiency of the population resulting from the falling 
off oE the birth-rate is made up by foreign Immigrants, Genoese 
and Calabrians especially, who bring about an enormous in- 
crease in the number of crimes. Another contradiction is fur- 
nished by the very prolific class of workmen, in contrast with 
the miserly, and consequently sterile, peasant class. Thus in 
districts where there are great numbers of workmen, as in 
Seine-Inferieure, Nord, and Pas-de-Calais, one sees, in compar- 
ison with the departments of Cher and Indre, a great number of 
crimes, notwithstanding the higher figure for births. 

But on the whole the antagonism between birth-rate and 
crime predominates. Thus Paris, a part of Champagne and 
Normandy, and aU the Mediterranean departments except 
Gard show a sharp decline of the birth-rate, and a no less sharp 
increase of the number of crimes. (Joly.) In Tarn-et- Garonne, 
a very poor department without resources or means of communi- 
cation, there is to be noted an increase in the population and a 
smaller number of crimes; while rich and fertile departments 
become stripped of their native population, and have more 
crimes and a larger foreign contingent. {Joly.) Brittany, on the 
other hand, Cher, Seine, Drome. Vienne, and Vendee have more 
legitimate births, fewer crimes, and more early marriages. All 
this has less connection with the birth-rate than with the immi- 
gration that makes up the deficit in the native population; and 
also, as we shall see, with the avarice that lies at the root of the 
whole matter. 

But the influence of immigration is demonstrated to us by 
the inversion of the rule regarding birth-rate and crime in Italy, 
where there is no immigration, but on the other hand an emi- 
gration amounting on the average to 193 to the 100,000 in- 
habitants yearly.' We find in the statistics of Coghlan tiat 
the increase in the number of immigrants to New South Wafcs 
(1884-86) was accompanied by an increase in the number of 
crimes, but on the other hand the increase in the number of 
emigrants leaving (1883-88) also corresponded with the increase 
in the number of crimes (1884-88). If we take advantage of 
' Del Veccbio, "8 



§32] DENSITY OF POPULATION 71 

Bosco's new investigations ^ to study the influence of immigra- 
tion upon homicides in the United States in 1889, we find these 
facts: among those held for homicide, 95 to the million were 
bom in the United States, while 138 to the million were for- 
eigners, distributed as follows: 

Deninaik, Sweden, and Norway 5.8 to the 100,000 



Enidand 10.4 



En^ 



id 17.5 

Gennany 9.7 

Austria 12.2 

Fhmce 27.4 

Italy 58.1 



« 
« 
« 
« 
«« 
« 



« 
« 
« 

« 



That is to say, there were twice as many in proportion to the 
population (except in the case of the French and Italians) as in 
the native countiy. This confirms the observation that here, 
as in France, immigration produces a disadvantageous selection, 
even allowing for the fact that the age of the immigrants corre- 
sponds to that which in Europe gives the largest number of 
homicides. 

In Italy it is nearly always the case that the maximum num- 
ber of births occurs in the districts which are most notorious 
for their criminality, as well as for their poverty. Thus from 
1876 to 1888 the annual average was 40 births to the 1000 
inhabitants in southern and insular Italy, and only S6 through- 
I out the rest of the oountiy. In the same way in Sicily, out of 
• four provinces most given to homicide, Girgenti, Trapani, Cal- 
tanissetta, and Palermo, three have the maximum birth-rate.' 
However, another factor comes into play here, the lack of self- 

j restraint due to the excessive heat, which causes all Malthusian 

 

I precautions to be forgotten in the act of procreation. 

^ However, the excess of births in southern Italy is neutralized 
i^ the high mortality rate and by emigration. For this reason, 

-: notwithstanding the greater birth-rate, the average family in 

^ 1881 was 4.10 in Sicily, and 4.50 in Basilicata, as against 5.17 

^ m Venice, and 4.92 in Tuscany. 

-] Comparing next the countries of Europe having the maxi- 

4 mum birth-rate (1870-90) : 



«• 



i » "L'Omicidio negU Stati Uniti," 1895. 

s Bodio, "Statistica penale/' 1879-83. 



I 



CRIME: ITS CAUSES AND REMEDIES 



and those having the mtnimum birth-rate: 

France .... 24.8 Ireland ... 24.9 Switzerland ... 29.4 

we find a coincidence with homicides only in the cose of Italy 
and Hungary, which are in complete contrast with England 
and Germany, these having a high birth-rate and few homicides. 
Among the nations with a minimum birth-rate Ireland alone 
has a low figure for homicide. And if in England and Germany 
a greater number of thefts corresponds to the greater birth-rate, 
this is not true of Hungary and Switzerland. It follows thea 
that on the whole there is here no parallelism. 



i 33- City (Uid Coimtr; 
The infiuence of density is further shown by the effect in 
Prance of residence in the city or in the country. It is espe- 
cially to MM. Fayet, Cosquet, and Lacassagne that we owe 
the most diligent investigations of this subject. It is shown 
by their studies that from 1843 to 1856 the persons indicted in 
the country were more numerous, while since 1863 those in tbS — 
city have been in the majority.'  





HomicideB to 
100,000 


Births to 
100,000 




46.2 
26.D 
70.7 
19.2 
42.6 
16.7 
40.2 




Catama 






4600 
3900 
3900 
40DD 
4300 













The emigration from the country to the cities is such that 
the rural emigrants constitute a fifth part of the urban popul*- 

' See Lftcaaeagne, in my "Archivio di Paichiatria ed Antropoki^ 
Criminale," III, p. 3J1. Fayet had already noted in France in 1830-« 
I rural indictment to 405 iahabitantB, and 1 city indictment to 165. ("Jour- 
nal dea EcoD.," 1847.) 



§33] DENSITY OF POPULATION 73 

tion; and it is the better and more intelligent who emigrate, 
thus lowering the level of the countiy and in return bringing 
back to it the vices and customs of the city. 

To sum up, the indictments for crimes against property have 
diminished in the oountiy about two-thirds, and in the cities 
one-half. Thus there were: 

In 1843 78% in the country* 64% m the city 
" 1878 87% ** " " 86% " " " 

Indictments for crimes against the person were more numer- 
ous in the rural population from 1823 to 1878, but the number 
decreased after 1859 much more than in the cities. For crimes 
against the person in France the following statistics are given: 

In the country In the city 

In 1850 1819 880 

" 1861 18»4 886 

" 1870 1180 782 

" 1871 1280 608 

As regards homicide, Socquet demonstrates that at an earlier 
period, 1846-50, the persons indicted in the countiy were three 
times as numerous as those in the cities, in the proportion of 
20 to 7.6; while at a more recent period, 1876-80, they were 
only twice as numerous, 63 to 31. From this it appears that 
criminality in the countiy diminished, and in the city increased 
nearly a third. Those indicted for murder were: 

Rural Urban 

1846-50 72% 65% 

1876-80 26% 81% 

That is to say, there was a diminution in the latter period in 
both city and country, but much greater in the country. In 
indecent assaults upon adults the rural districts exceed the 
urban, doubtless because of the lack of houses of prostitution. 
Thus there were in the saq^fM;>eriods: 

^/^ Rural 

1846-50 ^7' 74% 

1876-80 >. 67% 




with a decrease in the country and a slight increalein the city. 
The number of indictments for indecent assauks upon children 



74 CRIME; ITS CAUSES AND REMEDIES [§33 

declined in the country from 5Q% in 1846-50 to 53% in 1876-80; 
while in the cities during the same time it rose from 30% to 
45% (Socquet), favored by idleness, the abuse of alcoholic 
drinks, and especially by the satiety produced by over-refine- 
ment. That in abortions the city leads is unmistakable. There 
are twice, and latterly even three times, as many as in the 
country, while in infanticide the country leads. This is doubt- 
less due to the greater ease of securing accomplices for an abor- 
tion in the city, and the slighter fear of being discovered. 
Indictments for: 



Abortions in France.' 






IS51-BS 


1876-80 


Country 

City 

Country 

City 


9.3 
18.6 

32 

ei 


t.2 
11.5 

22 



The curve for crimes against property shows that economic 
crises are more deeply felt in the country than in the cily.' 
Revolutions and the vintage have a different effect upon the 
number of indictments in the city and in the country. In the 
country indictments increase in the years of the abundant 
vintages. Revolutions, on the other hand, make themselves 
but slightly felt in the country, and only in the years following 
political crises, while in the city they are felt at once and keenly 
(Lacassagne). 

The urban and the rural districts have each their own spedfie 
type of criminality. The crimes in the country are more bar- 
barous, having their origin in revenge, avarice, and brutal 
sensualiUflten the city the criminality is characterized by lazi- 
ness, a i^^BPefined sensuality, and by forgery. This phenom- 



' Socquet, "Contribution & I'Etude de la Crii 
1826-80, 

* Lacassagne, op. cU. 



nalit^ en Prance," 



J 



§33] DENSITY OF POPULATION 75 

enon of the increase of crimes against public decency in the 
cities, and the relative decrease of crimes of blood, is greatly 
accentuated when we study the very large urban centers. In 
France, for example, the department of the Seine has already 
reached a figure for homicide (19.9) lower than that of the 
departments which surround it; Seine-et-Oise giving 24.3, 
and Oise giving 25. S (Ferri). The figures for infanticide are 
relatively even lower, while for rape upon children the figures 
are enormous. The number of thefts is also very high (244). 
In Italy, in the crimes against common honesty, the chief cities, 
Turin, Venice, Bologna, and Rome, have the predominance 
over the neighboring districts. The same is true with regard to 
crimes against public decency (Turin, Genoa, Venice, Bologna, 
Naples, Rome, and Palermo). In homicides Rome alone holds 
the first place (for causes of which we shall speak later), followed 
by Turin. In all the other principal cities homicides are de- 
creasing. Vienna has 10.6 homicides to the million inhabitants, 
while Austria as a whole has 25; but Vienna has 116 thefts to 
113 for the countiy at large. In Berlin the crimes against 
property, theft, fraud, and vagrancy really decreased from 
1818 to 1878, notwithstanding the great change of population; 
while, on the other hand, crimes against persons increased 
(except during the war of 1870).* The number of homicides, 
however, is smaller than in the provinces, being 11.6 to the 
million inhabitants, while in Breslau it is 18.2, in Magdeburg 
12, and in Constance 16. In thefts, on the other hand, Berlin 
goes beyond all the provinces except one. In England the 
phenomenon is still plainer. There are at present to the 100,000 
in London 15 suspected persons at liberty, with 50 in the other 
English cities, and 60 in the country districts. Just so there 
are in London 3 to 4 suspected houses to the 100,000 popula- 
tion, 3.9 in the country, and 18 in the other cities. 

^ Starke, op, cU. 



CHAPTER VI 

BtJBSISTENCE (fAMiNE, PRICE OF BREAD) 

i 34. Subsistence 

NE of the factors which complicate the effects of climate 
and density, often to the point of their becoming inex- 
tricable, is that of the diflSculty or ease of obtaining subsistence. 
Following Oettingen's comparisons of the number of crimes 
in Prussia with the price of the necessary foods, we see that the 
food problem plays a part equal to, or even greater than, that 
of civilization. For with cheap food crimes agaJnst property 
(except arson) decrease, while those against persons, especially 
rape, increase. 



O' 



Year 


Rape. 


Cweiol 


Crimes against 


Crimes against 


Price otgnia, 




property 


persons 


poUtoes,ete. 


18H 


iM 


0.43 


88.41 


S.90 


817.1 


16SS 


8.67 


0.46 


88.93 


8.04 


852,3 




t.6S 


0.43 


87.60 


9.32 


203.S 


1857 


4.14 


0.5S 


81.5* 


13.81 


156.3 


1858 


4.45 


0.80 


77.9a 


17.03 


140.S 


1859 


4.08 


0.52 


78,19 


16.63 


150.6 






In Prussia in 1868, when the price of potatoes, etc., was very 
high, crimes against property were in the proportion of 44.S8 
to 15.8 for those against persons. When the price of provisions 
fell, the former went down to 41, while the latter rose to 18. 
The famine of 1847 increased the crimes against persons 24%.' 
We have still plainer proof in the statistics for Prussia from 
1854 to 1878, as given by Starcke.' 

Years in which the price of wheat per 50 kilograms was : 



§34] 



SUBSISTENCE 



77 



Crimes in general .... 

Thefts 

Forest thefts 

Forgeries 

BanlEruptcies 

Crimes against public order 

Arson 

Anaults 

Homicides 

Infanticides 



More than 
12 marks 



1 to 172.9 

1,900 

50.8 

76,283 

77,600 

4,282 

68,S28 

87,828 

109,987 

280,700 



Inhabitants 



Less than 
10 marks 



190.6 

2,645 

48.2 

71,787 

56,800 

8,587 

46,960 

54,468 

118,225 

227,000 



Between 10 
and 12 marks 



179.8 

2,512 

49.5 

68,600 

56,200 

8,055 

71,666 

45,988 

95,000 

227,000 



We see here that, while the price of wheat partly influences 
crimes in general, it has a direct effect only upon forest thefts, 
of which the maximum corresponds to the maximum price of 
provisions. On the other hand, it is clear that the minimum 
price of wheat, corresponding to a maximum of well-bejng, 
comddes with a breaking out of assaults, homicides, and cases 
of arson. This may be explained by the fact that when the 
price of bread is low the abuse of alcohol is made possible. The 
medium price of grain corresponds with the greatest frequency 
of forgeries, bankruptcies, and crimes against public order. 
In France, in Corre's graphic tables (Fig. 1) we see that 
from 1843 to 1888 the line for the frequency of misdemeanors 
(nearly all against property), as well as that for suicides, 
rises continually, and keeps nearly parallel with the line for 
tbe price of bread as far as 1865. At this point, however, 
while the line for misdemeanors continues to rise, that for the 
price of bread goes down, proving that other factors enter in 
liere, reducing the cost of subsistence to the place of second 
importance. The line for crime proper shows no parallelism 
with the price of bread. Rossi comes to the same conclusions 
in a study of the criminality of Rome, Cagliari, etc., with respect 
to heat and the price of grain for the period from 1875 to 1883.^ 

1 " Archive de Psych, et Antrop. Grim.," 1884. 



78 CRIME: ITS CAUSES AND REMEDIES 

The number of crimes against property (excluding aggravated 
theft and highway robbery) is affected at the same time by 




the winter temperature und the price of food. In Rome, in 
(act, during these nine years the hij^est number of crimes 



§ 34] SUBSISTENCE 79 

(70,738) was reached in 1830, when a very high price of wheat 
and a rigorous winter coincided; while in 1877, when the price 
of wheat was high but the winter particularly mild, the number 
of crimes reached only 61,498. In 1881, when the price of 
wheat decreased noticeably, and the mean winter temperature 
increased, there was also a notable decrease in the crimes against 
property. From 70,730 the number went down to 59,815, a 
diminution which continued through the years 1882 and 1883, 
while at the same time the price of grain and the rigor of the 
cold decreased also. The action of the temperature upon as- 
saults and other crimes against persons from 1875 to 1883 
amounted to nothing, while for each increase in the price of 
food there was a corresponding decrease in the number of these 
crimes, and vice versa. 

But of all studies of the influences at work in the different 
kinds of crime in Italy, the most conclusive is that of the hours of 
labor necessary to obtain the equivalent of a kilogram of wheat 
or bread. In this way the price of food is corrected for variations 
in wages.^ We see here, in Figures 2 and 3: 1st, that all crimes 
against property (except where contradictory factors come too 
powerfully into play) run with great fidelity parallel to the curve 
of the hours of work necessary to procure the equivalent of a 
kilogram of bread or grain. Thefts increased from 137 to 153 
during the period 1875-77 with the increase of the hours of 
work, and decreased from 184 to 111 in the period 1879-88 
with the decrease in the number of hours. Commercial crimes, 
forgeries, etc., were not affected. 2nd. Crimes against moral- 
ity increase as the necessary hours of labor diminish. Thus 
from 1881 to 1888, a period in which the hours of work fell 
from 1£2 to 9£, these crimes increased from 3.11 to 5M. In 
England, Scotland, and Ireland the statistics for 50 years, 
which Fomasari di Verce has examined for me, show an anal- 
ogous relation between crime and the variations in the price of 
grain; that is to say, crimes against property without violence 
increase generally with the price of grain, as in 1846-47; while 
crimes with violence are almost wholly unaffected by food 

1 Fomasari di Verce, "La Criminalita e le Vioonde Eoonomiche in 
Itafia," Turin, Bocca, 1895. 





80 CKEME: ITS CAUSES AND REMEDIES [§34 
""■=111111111111111 °"'='™ 1 


l£ 

I' 

as 

170 
165 
160 
155 
150 
145 
140 
135 
130 
125 
120 
115 

no 

105 
100 

95 
90 




— 


n 


— 




— 


— 




— 


~ 




~" 


— 


— 


— 


~ 




5 

1 = 

t 49,0 

" 4S,0 
47,5 
195 47,0 
190 46,5 
186 46,0 
180 45,5 
175 45,0 
170 44,5 
165 44.0 
16043,5 
155 4^0 
15042;5 
145 42.0 
14041,5 




































5 




















































































































1 


































; 




















190 
185 
180 
175 
170 

155 
160 
145 

140 












1 


i 
























j 


\ 




1 


]i 
























/ 


\ 


\ 


1 


U 
























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/ 


% 


^ 


1; 






















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/ 




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J 










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V 


.. 














f 
















\ 
































I 




■■: 






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■: 




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1 


1 


\ 






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\ 


N 










: 










^ 


/ 








\ 




V 




























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> 


i\ 














130 
125 
120 
115 

no 

105 


13040,5 
125 40,0 
12039,0 

115 f 

no 1 

105 1 

100 1 




















y. 






























s 


\ 


'-" 








































^ 


































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"S 


// 


























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1 


































1 li III 11 11 11 ill I-' 11 



g 34] SUBSISTENCE 81 

prices. In 1842-45 and 1862-63 they fell with the fall of the 
price of gr^n, but rose in 1881-86 notwithstanding the cheap- 
ness of bread. Fraudulent crime9 against property, forgery, 
counterfeiting, etc., and likewise crimes against persons, were 
not influenced by prices. For New South Wales similar con- 
clusions may be drawn from the investigations of Coghlan. 
(Fig. 4.) 

The effect of the price of provisions upon murder is uncertain 
or negligible, the latter being also true of assaults. The in- 
fluence upon theft is very great, as is also the inverse effect upon 
crimes against good morals, which increase with the falling off 
in the price of food. Famine lessens sexual vigor, and abundance 
excites it; and while the need of food drives men to theft, the 
abundance of it leads to sexual crimes. The same observations 
hold good for the scarcity of work and reduction of wages. It 
has been remarked that women and domestic servants are more 
apt than others to be drawn into crime by the scarcity of food, 
doubtless t>ecause they feel it more. Especially is this the ease 
with domestic servants, who, because of intermittent periods 
of good living, lose the power of resistance to privation. But, 
admitting the action of scarcity of food upon the increase of 
Ihetts and of abundance upon the increase of homicides, as- 
saults, and debauchery, it is easy to understand its slight in- 
fluence upon the variation of criminality in general, if one group 
o( crimes increases with a given state of the market, and another 
group decreases under the same conditions, and rice versa. 
Even when the price of food moves in a constant direction it 
does not modify essentially the proportion of certain crimes. 
For example, in Italy the effect of the rise in price of food upon 
aggravated thefts is very marked; yet the greatest difference 
is between 184 and 105, that is to say, a variation of 79 to the 
100,000, Likewise, when the sexual crimes increase on account 
of the low price of food, the greate.st difference is 2.14 to the 
100.000, — a fact easy to understand when one thinks of the 
greater influence of heredity, climate, and race. 

At times there arises a strange contradiction in the effect of 
high prices on homicide. Ordinarily when bread Is dear, money 
is lacking to buy alcohohc drinks, and homicide and highway 





i:,^ .V.SD KKMI-lllli-.St ;j.:.4 




§341 



SUBSISTENCE 



83 



why the part which lack of food and real poverty play in crime 
is smaller than is generally believed. In the statistics of Gueny 
the thefts of provisions form hardly 1% of the total number of 
theftSy and even with those hwiger has less to do than gluttony. 
Of 43 classes of objects stolen in London, sausages, f owb, and 

Fig,Z. 
ITALY 



THE COXTRTB (tO 100,000 InHABITANTB) 




Homicide 












Aflsault 


Sexual 
offences 


Resistance 

to the 
government 




Aggra- 
▼ated 


Simple 




4.00 


10.71 


• • • 


• • • 


0.24 


1875 


4.50 


10.45 


• • • 


• • • 


0.14 


1876 


8.49 


9.80 


• • • 


• • • 


0.25 


1877 


8.91 


10.86 


• • • 


• • • 


0.67 


1878 


6.54 


18.79 


• • • 


8.45 


0.45 


1879 


5.87 


12.48 


147.88 


3.11 


0.87 


1880 


5.85 


11.08 


151.48 


8.95 


0.34 


1881 


5.54 


10.17 


157.10 


8.76 


0.37 


1882 


4.98 


10.08 


165.10 


8.66 


0.66 


1883 


5.02 


9.68 


167.18 


4.12 


0.61 


1884 


4.72 


9.27 


145.41 


4.29 


0.45 


1885 


4.52 


9.18 


158.83 


4.56 


0.42 


1886 


4.11 


8.38 


180.61 


4.41 


0.49 


1887 


4.26 


9.11 


192.27 


5.25 


0.26 


1888 


4.19 


8.17 


178.78 


5.62 


0.26 


1889 



game stood 13th; sugar, meat, and wine, 30th; and bread the 
last of all. Joly remarks that in the French statistics from 
1880 to 1890, while thefts of money and bank-notes were most 
numerous (396 : 100,000), thefts of meal, oats, domestic ani- 
mak* etc., were only 55 to the 100,000. Mar6 writes: ^ 

^^It fa seldom that hunger leads to theft. Young men steal 
and cigars, and when provisions are stolen, the grown 
taioe liquors, the women bonbons and chocolate." 



» "UnJoU Monde." 



84 



CRIME r ITS CAUSES AND REMEDIES 



[§3J 



The same may be said of prostitution. 

"If hunger and destitution," says Locatelli, "are sufficient to 
drive a young girl to prostitution, it would be necessary to con- 
Fig. 4 
S S? S S S g te S S g S N.S.Wai. 



V — 


;s 










r 










q 


_, 




7 1 ^ 


^ x^^ziij 


H^tl^'^E 11 + 


i \\. ii tiii 


t ^iJS^fM 


^z_^ 11 




v 



g „ 

fer Montyon prizes upon the myriads of virtuous daughters « 
the people who, notwithstanding the greatest privations and 
seductions of every kind, never sell themselves, but remiuii 
pure and chaste." 



§ 35] SUBSISTENCE 85 

It is not impossible that with time we may arrive at such a 
point as to be able to show how certain kinds of food favor 
certain crimes. We know that a vegetarian diet renders those 
who make use of it mild and tractable, while animal food makes 
men cruel and violent. This is doubtless why the Lombard 
peasant patiently bears the evil treatment of his masters, while 
the Romagnol, addicted to a pork diet, revenges himself with 
violence. 

§ 35. Insurrections 

The influence of hunger in insurrections also has been much 
exaggerated, as I have shown in my " Crime Politique." In 
Faraglia's valuable book, **Storia dei Prezzi in Napoli," which 
gives us the price of food year by year for nearly nine centuries, 
we find 46 great famines, in the years 1182, 1192, 1257, 1269, 
1342,1496-97, 1505, 1508, 1534, 1551, 1558, 1562-63, 1565, 1570, 
1580, 1586-87, 1591-92, 1595, 1597, 1603, 1621-22, 1623-25, 
1646, 1672, 1694-97, 1759-60, 1763, 1790-91, 1802, 1810, 1815- 
16, 1820-^1. Now, these 46 years of famine coincide with in- 
surrections only «x times, namely, in 1508, 1580, 1587, 1595, 
1621-22, 1820-21. In the cdebrated insurrection of Masaniello 
(1647) many other causes were associated with the economic 
situation, such as the madness of Masaniello,^ the hot season, 
and the cruelty of the Spaniards. For if in 1646 there was a 
famine, in 1647 there was abundance, if not of grain, at least of 
fruits, meat, lard, and cheese. Moreover, there was no insurrec- 
tion during the terrible famine of 1182, which lasted five years, 
and in which men could scarcely find weeds for food. Neither 
was there any revolt during the famine of 1496-97, when so 
terrible an epidemic resulted that people of the cities had to 
flee to the country; nor during that of 1565, when the distress 
was so great that rotten cabbage leaves sold for the price that 
would normally have purchased fresh and good ones. Nor 
was there an insurrection in 1570, when **the poor left the 
provinces, and streamed toward Naples in crowds, famished, 
emaciated, sick, hoping to save their lives by flight, and filling 
the streets with their misery." Finally, there was no insur- 

* C. Lombroeo, "Tre Tribuni Studiati da un Alienista," 1887. 



86 CRIME: ITS CAUSES AND REMEDIES [535 

rection during the famine of 1586. It is well to recall here that 
if there were revolts in France in 1827, 1832, 1847, running 
parallel with economic crises and dearths, there was also a very 
high summer temperature; and that during those of 1834, 1864, 
and 1865 we find nothing clearly indicating either an economic 
or a meteorological cause. In Strasburg between the periods 
1451-1500 and 1601-25 the average price of beef rose 1S4% 
and that of pork 92%, while many years the wages of the work- 
men sank 10%, and yet there was no insurrection.' In 1670, 
during tlie extreme famine in Madrid, the workmen organized 
themselves into bands and plundered the houses of the rich, 
killing the proprietors, and not a day passed that some one was 
not killed for the sake of bread; and yet there was no real in- 
surrection.* In India it has been possible to follow the conse- 
quences of terrible famines step bystep. That of 1865-66 caused 
the loss of 25% of the population of Orissa, and of 35% of the 
population of Puri, and yet there was no insurrection there in 
those years. The most noted famines of the last hundred years, 
at least in Nclhore, one of the provinces which has suffered most 
through lack of rain and density of population, took place in 
the following years: 1769-70, 1780, 1784, 1790-92, 1802, 1806- 
07, 1812, 1824, 1829, 1830, 1833, 1836-38, 1866, 1876-78.' 
In the famine of 1769-70 a third of the population died. In 
1877-78 it is estimated that, in addition to the normal number 
of deaths, more than 5 millions out of a population of 197 mil- 
lions died by famine.* Yet these famines gave rise to no insu^ 
rection. The great Indian mutiny of 1857-58 was due * in great 
part to aversion to the innovations (railroads, telegraphs, etc) 
introduced by civilization, to the conspiracies of the dethrontti 
princes, and, according to Hunter, to tlie beUef among llif 
Sepoys that their cartridges were to be greased with pork fat.' 
Here, then, prolonged hunger was less powerful than super- 
stition. The other Indian rebellions which are known to us 

' Martini, "PreuBsiche JahrbOcher," Nov., 1895. 

' Buckle, rV. 

' Hunter, "Imp. Gaz. of India," 1881. 

• Hunter, "The Indian Empire," 1882, 
' Hunter, op. cil. 

• Kaye, "History of the SepoyB," 186fi. 



§ 35] SUBSISTENCE 87 

had no relation to the scarcity of provisions; ndther the insur- 
rection of Bohilla in I75I9 nor that of the Sikhs in the Punjab 
in 1710, nor that of the Sepoys in 1764; neither the little semi- 
dynastic insurrections among the Synts in 1848, nor of the 
Sikhs in 1848. It is worthy of note that the province of Orissa, 
which is that most tried by famines, has the smallest nimiber 
of insurrections. 

All this is to be explained by the fact, already shown by our 
studies of the effect of tropical and polar climates, that when 
men's vitality is lowered they have not enough energy to resist. 
Thus, the excess of human misfortunes is rather less likely to 
produce revolutions than great prosperity. This is entirely 
in accord with what has been observed in criminal statistics, 
namely, that famine and great cold diminish in general all 
crimes against persons, especially rapes and homicides.^ 

^ LombroeO; "Crime Politique et Criminality/' Paris, 1895; Id. 
''PeDBiero e Meteore,'' Milan, 1875. 



CH.VPTER Vn 



ALCOHOLiaSI 



S 36. Alcoholism and Food Supply 



AS we have seen in the preceding chapter, the effect of food 
JLX. supply cannot be separated from that of alcohol. Indeed, 
this latter is so powerful a factor in criminal (etiology that it 
absorbs the other almost completely. 



{ 37. PemidouB Effect of Alcohol 

It is a well-known fact that alcohol, so far from rendering 
extreme temperatures more tolerable, increases the danger 
from great heat and cold alike, so that in the polar regions and 
in India soldiers and sailors, thinking to acquire greater resist- 
ance to fatigue by the use of alcoholic beverages, simply as- 
gravate their condition. It is doubtless for this reason that in 
the Russian campaign the northerners suffered more than the 
more temperate Latins. It has been proved in cholera epi- 
demics that drunkards, and even simple "drinkers," are afflicted 
in greater numbers than abstemious persons.' Abortions ait 
also more frequent among women who drink, and for this reason 
families of drinkers show a fecundity from « to 4 times leas tluB 
that of temperate and sober couples. This fatal liquor Gftn. 
then, stimulate carnal passion to the point of violence and 
crime without thereby increasing the birth-rate.' Alcohol b one 
of the principal causes of the rejection of recruits in the Swedish 



> Among abstainers cholera gave a mortality of 19.9' 
91% among drinkers. 

 Marriages oF drinkers gave an 
Btainers, 4.1. (Baer, " Alkonoliamus 






§ 38] ALCOHOLISM 89 

army for weakness or lack of development. These rejections 
rose to 82% in 1867, and fell to ^% in 1868 after the promul- 
gation of the liquor laws. In the French departments where, 
on account of the scarcity of wine, there is more use of spirits, 
as in Finistere, the exemption of conscripts from 72 rises to 
155 (Lunier). Alcohol influences the stature. The tall Woljaks, 
after having used brandy to excess, diminished in stature until 
they fell below middle height; and we have seen that the beauti- 
ful women of the valley of Viu lose their beauty and stature after 
having taken to the use of brandy. There is no cause for sur- 
prise, then, at the diminution of the average duration of life 
caused by the use of alcoholic drinks. Brandy shoidd be called 
not eau de vie^ but eau de la mort. NeLsson's calcidations show 
that the mortality among drinkers is at least 8.25 times greater 
than that of abstainers.^ 

§38. Pauperism 

All this prepares us to understand that one of the most evident 
and serious effects of alcoholism is pauperism. The progeny 
d the alcoholic are blind, paralytic, impotent. Even if they 
b^in life with wealth, they must necessarily become poor. If 
they are poor, they are incapable.of working. 

It is true that with the increase in wages the nimiber of drunk- 
ards grows disproportionately, and in consequence the number 
of misdemeanors also. When the wages of the miners in Lan- 
cashire increased from 4 shillings to 7 and 9, the mortality caused 
by drunkenness rose from 495 to 1804 and 2605, and crimes 
from 1885 to 8878 and 4402. But it is still worse when wages 
go down. Then alcohol is drunk to supply the place of clothing 
and food, that cold and hunger may be more easily borne; and 
alcohol in its turn makes the drinker constantly weaker and 
poorer, and keeps him always closely imprisoned in its fatal 
domain. It may be said, then, that alcoholism is the product 

> A man of 20 addicted to drink has an expectancy of life of 16 years, 
an abstainer of the same age has an expectancy of 44 years. A beer 
drinker would have 21.7 years, a drinker of spirits^ 16.7; a drinker of both 
beer and spirita, 16.1. Of 97 children of ucohoUc parents only 14 were 
norma]. (&aer, op. cit.) 



90 CRIME: ITS CAUSES AND REMEDIES [J 39^ 

both of superfluity and of poverty. This was seen in Aiz-Ia- 
Chapelle, where between 1850 and 1860 wages increased a 
fourth, and alcoholism increased also; but it increased still 
■more when, after the crisis in America, 80 factories chised and 
wages were cut down a third. The number of poor families 
rose from 1865 to 2255, and the wine-shops from 183 to 305; 
the prostitutes increased from 37 to 101, while the marriages 
decreased from 785 to 630. At the same time cases of theft and 
arson were multiplied.' In the famine of 1860-61 it was noted 
in London that not one of the 7900 members of the temperance 
society had applied for aid.* Huisch has obser\'ed that of each 
£100 ret^ived in alms £30 are spent for drink; and Bertrand 
and Lee have remarked that the most miserable municipalities 
are those where the use of alcohol has increased inordinately 
and the wine-shops have multiplied. A striking proof of the 
deleterious effects of alcohol is given by Upper Silesia. The 
misery was there so great that persons were dying of hunger, 
and at the same time alcoholism raged so frightfully that bridal 
couples reeled before the aitar, and parents came intoxicated to 
the baptism of their new-bom children. A preacher of Silesia 
wrote: "Where intemperance reigns, misery and crime follow 
the body like its shadow." ' It has already been noted that 
drunkenness is one of the chief causes of separation and divorce 
in Germany; and furthermore it is known that the children ot 
divorced parents and seeond marriages furnish a strong con- 
tingent to crime and prostitution. 

S 3g. Alcoholism and Ctime Statistics 

From all this it is easy to see the connection between alcohol- 
ism and crime from a social as well as a pathological point of 
view. The first proof of this is to be found in the statistics 
which show a continual increase of crimes in civilized countries. 

' Thun, "Die Industrie am Niederrhein," 1890. 

* From 1823 to 1826 the almshouses of Philadelphia recdved y*^J 
from 4000 to 5000 paupers who had been ruined by drink. Of 3000 indt- 
gent persons in Masaochusetta about 2900 found themaelves in the same 
condition. (Baer, op. eil., p. 582.) 

' Baer, op. cit. 



r 



ALCOHOLISM 91 

This increase can be justified by the growth of the population 
only to the extent of from 13% to 15%, but it is all too 
easily explained by the abuse of alcoholic drinks, the con- 
sumption of which increases at just the rate at which crime 
increases. 

A further clear proof is to be found in Fern's study of crim- 
inality in France,* which brings into relief the parallelism of 
crime with the consumption of wine and spirits, at least in the 
years of exceptionally good vintages {1850, '58, '65, '69, '75), 
and of exceptionally poor ones (1851, '53, '64, '66, '67, '73). 
1870, the year of the war, is an exception, as in that year mili- 
tary statistics crowd out judicial ones; 1876 forms another ex- 
ception and one which I cannot explain, not having the statistics 
of the successive years before me; while in 1860-61 the \"intage 
seems to have postponed its effect upon crime by one year. 
The parallelism is the stranger and more noteworthy because 
several authors pretend to attribute a. fatal influence to spirits 
only and not to wine, so that, as we shall see, it is proposed to 
encourage the distribution of wine in the countries most inclined 
to crime. Now, from these statistics the relation of the con- 
sumption of alcohol to homicides and assaults is not so evident 
as that of wine, except in the years 1855 to 1868, and 1873 to 
1876. And this is easy to understand, for brawls are more 
easily started in the wine-shops than in the establishments of 
the brandy sellers, where the stay b too short for an oppor- 
tunity to be given for quarrels. 

Another proof of the relationship of driak and crime is to be 
found in the observed fact that the days and months when 
crimes are most frequent are just those when alcoholic drinka 
are most abused. So Schroeter reports * that in Germany out 
of 2178 crimes 58% took place Saturday night, 3% Sunday, 
and 1% Monday; and that upon these same days sexual crimes, 
rebellion, and arson took the lead with a ratio of 84%. In Italy 
in 1870, the only year in which a record of this kind was kept, 
the same fact was noted.' 

' I»inbro8o, " Homme Criminel," 180.5. 

' "Jnhcbiii-h der Westphalischen GefSngniHse," 1871, 

* In itw official statUtica of 1870 the follotruig peroentagea of the various 



la 



92 



CRIME: ITS CAUSES AND REMEDIES 



Ferri discovered the surprising fact that in France, in the 
period from 1827 to 1869, while the crimes against persons in 
general fell off rapidly from August to December, the serioiu 
bodily assaults, on the contrarj-, showed a marked increase in 
November, when the new wine comes in. It is to be noted that 
it is a question of the infliction of grave injuries, such as come 
before the assizes, and not of the mere wine-shop brawls, such 
as are tried before the minor courts. Dixon has found a single 
place in America that has been exempt from crime for some 
years notwithstanding its large population of working men. 
This is St. Johnsbury, Vermont. But here there is absolute 
prohibition of the sale of fermented beverages, beer, wine, etc, 
which are furnished, like poisons, by the druggists upon the 
written demand of the consumer, with the consent of the mayor, 
who writes the name of the person concerned in a public regista. 
In Belgiun, it has been estimated alcoholism causes 25% to 
27% of the crime. In New York, of 49,433 persons ar- 
raigned, 30,509 were habitual drunkards. In 1S90, in the whole 





Aaaises 


sa 




68.1 

65,4 

56.9 

72.8 

78 

71.3 

69.6 

61.5 
61.2 

^.9 

47.8 
12 
31.2 
26.4 


78.5 


Parricide, uxoricide, infanticide .... 

Murder 

Homicide 

Assault with fata! result 


74.8 
76 


Tllreata aad vagrancy 


72.4 






Eicposure and Hubstitution of infanta . . 
Receiving and buying stolen goods .  . 
Misappropriation of public funds . . . 

Forgery 

Calumny and false accusation 

Highway robbery with homicide .... 


34.8 

39.3 
49.4 







§ 40] ALCOHOLISM 93 

United States, out of every 100 prisoners, 20 were drunkards, 
60 were moderate drinkers, and 20 were abstainers.^ In Hol- 
land, four-fifths of the crimes are attributed to the abuse of 
alcohol, seven-eighths of the brawls, three-fourths of the at- 
tacks upon persons, and one-fourth of the attacks upon prop- 
erty. Three-fourths of the crimes in Sweden are attributed 
to alcoholism. This applies especially to assassination and 
other crimes of blood, but thefts and frauds are largely due 
to an alcoholic heredity. In England, 10,000 out of 29,752 
convicted by the assizes, and 50,000 out of 90,908 convicted by 
the magistrates, had been drawn into crime by frequenting 
public houses.' In France Guillemin estimates the criminals 
resulting from the abuse of alcohol at 50%, and Baer places 
those in Germany at 41%. The greatest proportion of drunk- 
ards is to be found in those departments where, on account of 
the small production of wine, a larger quantity of spirituous 
liquor is consumed. Of the criminals observed by Marro, 78% 
abused alcoholic drinks, and of these only 10% were normal. 
In my " Centuria di Criminali," Rossi found that drunkenness 
ran up as high as 81%, of which 28% was begun in infanpy. 
There was a diflference of only 10% in the frequency of alcohol- 
ism among youths and among adidts. Of 100 criminals below 
20 years, 64% were already addicted to drink; from which we 
may see that this vice is very precocious. 

S 40. Physiological Effects 

All substances which have the power of exciting the brain 
in an abnormal manner drive one more easily to crime and sui- 
cide, as well as to insanity, with which last the other two are 
often inextricably confused. This tendenpy has been observed 
among the Medjidubs and the Alssaonas, who, not having any 
narcotics, bring on intoxication by a prolonged oscillatory 
movement of the head. "They are dangerous people," says 
Berbrugger,* "fierce, and inclined to theft.'* Opimn-smokers, 

1 B08O0 "L'Omicidio negU Stati Uniti d'America," 1897. 

* Baer, op. cit,, p. 343. 

• "L'Alg6rie," 1860. 



94 



CRIME; ITS CAUSES AND REMEDIES 



[5 40. 



also, are often seized with homicidal fury; and under the a 
of hashish Moreau felt himself impeUed to steal. 

The effects of wine are still more pernicious, and worse still, 
spirits, which may be called wine with its harmful principle 
concentrated. But most harmful of all are such liquors as 
absinthe and vermouth, which, in addition to alcohol, contain 
dnigs that poison the nervous centers.' Neumann in 1876 
showed how alcohol alters the hemoglobin, diminishes by one- 
fourth the capacity of the blood corpuscles to take up oxygen, 
and produces congestion in the membrane and cortex of the 
brain. From this there results dilatation of the blood vessels, 
paralysis of the muscular fibers of the walls of the vessels, 
cedema, and finally fatty degeneration of the irritated ner\-e 
cells. Krapelin * showed that from 30 to 45 grams of absolute 
ethyl alcohol more or less checked and paralyzed all the mental 
fimctions. The stupor, which resembles physical fatigue in its 
effect, increases with the dose of alcohol absorbed, lasting for 
small quantities 40 or 50 minutes, and for larger quantities 1 or 
2 hours. In the smaller doses the paralysis of the mental 
functions is preceded by a period of activity or acceleration 
which lasts 20 to 30 minutes at most. 

But this observer has further demonstrated that the effect 
of alcohol is not the same for all psychological functions; that 
while one may have a transitory acceleration of motor innerva- 
tion, the intellectual functions, such as apperception, concep- 
tion, association, are checked and almost arrested even by the 
smallest doses of alcohol. The same may be said with regard 
to sensation. It follows that the initial period of excitation 
produced by small quantities of alcohol, is only a kind of fire- 
works, due to several factors coming together, especially to the 
increase of external associations of ideas, associations of words, 
sensations, etc., to the detriment of internal assodations, those 
more logical and profound. Under the influence of alcohol the 
over-excited motor centers give the drunkard an illusory power, 
impelling him to the most brutal acts. The association of ideas 

« "Revue Scieotifiqup." 1897. 

» "Ufbcr die BeeinfluBHung einfacher phymdier Vorgange durch einige 
ArtDeimittel " [Jena, f^actter, 1892). 



§ 40] ALCOHOLISM 95 

is disturbed, and the drinker repeats without cessation the same 
barren platitudes, the same coarse jests. This likewise is to be 
explained by the initial acceleration of the psychomotor ac- 
tivities, by which painful mental inhibitions are intercepted. 
Alcohol, after it has once driven its unhappy victim into this 
evfl path, holds him fast there, since, after a drunkard is once 
made, the noblest sentiments become paralyzed and the soundest 
brain diseased. This is a new experimental proof of the truth 
of the statement that crime is the effect of a morbid condition of 
the organism. Thus, with alcoholics, the schlerosis which affects 
the brain, spinal cord, and ganglia, as well as the liver and kid- 
neys, shows its effects in one set of cases, in dementia, uremia* 
or jaundice, according to the part affected, and in others by 
crime. 

But unhappily crime is the commonest and most frequent 
consequence, a truth of which there is superabundant evidence. 
I met recently in prison a very remarkable thief, who, as they 
all do, boasted of being a thief, and did not know how to talk 
in anything but thieves' slang; and yet neither his education 
nor the shape of his head gave any indication of what impelled 
him to crime. I soon learned the cause, however, when he 
told me that both his father and he were drunkards. ''You 
see," he said, ** since I was a boy I have had a passion for brandy, 
and now I drink from forty to eighty small glasses of it, and 
the brandy drunkenness passes away after I have drunk two 
or three bottles of wine." ^ Habitual drinkers are not only 
immoral and beget children who are defective, delinquent, or 
precocious debauchees,* as we shall show by the history of the 
Juke family, but intoxication itself is a direct cause of crime. 
Gall teUs of a brigand named Petri, who felt himself impelled to 
homicide when he drank; and he mentions a woman in Berlin 
who, when intoxicated, was seized with sanguinary desires. 

Alcohol, then, is a cause of crime, first, because many commit 
crimes in order to obtain drink; further, because men sometimes 
seek in drink the courage necessary to commit crime, or an 
excuse for their misdeeds; again, because it is by the aid of 

> "Aichivio di Psichiatria e Scienze Penali/' 1890. 
« Ann. Med. Psich., 1877. 



1 



96 CRfME; ITS CAUSES AND REMEDIES [§4I 

drink that young men are drawn into crime; and because the 
drink-shop is the place for the meeting of accomplices, where 
they not only plan their crimes but also squander their g^ns. 
It has been estimated that in London in 1880 there were 4938 
public-houses which were the resorts of criminals and prostitutes 
exclusively. 

Finally, alcohol has a direct relation to crime, or rather to the 
prison, since after his first imprisonment the hberated criminal, 
having lost his reputation and all connection with his famDy, 
seeks compensation and oblivion in drink. This is why we 
often find alcoholism among recidivists, and it also explains the 
fact observed by Mayhew, that in the afternoon nearly all the 
thieves of London are intoxicated, and generally die of drink 
between the ages of thirty and forty. The same thing is found 
among the transported convicts of Noumea, who drink not only 
from settled habit, but also to forget dishonor, separation from 
family and country, and the cruelties of the wardens and th«r 
companions; and perhaps also to drown remorse. Wine becomes 
among them a regular medium of exchange. A shirt is worth 
one liter, a coat or pair of trousers, two. There is nothing, even 
to the kiss of a woman, that may not be bought with wine." 

§ 41. Specific Criminality 
It will be useful here to observe what crimes are esj)ecially 
influenced by alcoholism. From Baer's statistics* of the pen- 
itentiaries and jails of Germany, shown on the opposite page, 
it appears that alcoholism occurred oftenest in the case of those 
charged with assaults, sexual offenses, and insurrections. Next 
came assassination and homicide; and in the last rank those 
imprisoned for arson and theft, that is to say, crimes against 
profjerty. These, however, are more numerous than the others 
with habitual drunkards. The minimum occurs in the case of 
forgery and sw-indhng. and with reason, for, as several swindlere 
have said to rae, "it takes a clear head to carry out a shrewd 
scheme." According to Marambat,' of 3000 convicted persona 

• Simon Meyer. "SouvenirB cl'un Deport*," p. 376, Paris, 1880, 
» "Der Alkohoiismus, seine Verbreitung, etc.," Berlin, 1878. 
» "Revue Sdentifique," 1888. 



§ 41] ALCOHOLIS&f 97 

investigated by him. 78% were drunkards; vagrants and mendi* 
cants lead with a figure of 79%; murderers and incendiaries 
showed 50% and 57% respectively; and thieves, swindlers, etc., 
71%. In general, 88% of the crimes against persons were com- 
mitted by alcoholics, and 77% of the crimes against property. 
Marro, also, found that among drunkards highway robbers held 
the first place, 82% being addicted to drink; of brawlers, 77% 





I. Ik 

Total 


Alcoholic Crimmals 




In genera] 


Occasiooal 


Habitual 






773 
SS8 
348 
854 
10,033 
252 
304 
514 
590 


575 (75.5%) 
618 (68.8%) 
202 (63.2%) 
675 <60.«%) 
5212 <BI.9%) 
128 <50.8%) 
383 (47.6%) 
237 (46.1%) 
157 (26-0%) 


418 (72.7%) 
353 (57.1%) 
129 (68.6%) 
362 (81.2%) 
2513 (48.2%) 

78 (80.9%) 
184 (48.0% 
139 (58.8%) 

82 (52,2%) 


157 (27.3%) 
265 (42.9%) 
291 (41.4% 
823 (38.8% 
2899 (51.8% 
50 (39.1% 
199 (52.0% 


BobboT and munkr 

^rSacrime. . . . 
■Hirft 

P*n»»y 





Seiual nffeosea .... 209 

Reiistiince to officers . 662 

.\j»ulU I 1130 

.\raoa | 23 

Tbdt 3282 

Fraud, forgery, etc. . . 788 



158 (77.3%) 
499 (76.3%) 
716(83.4%) 
11(48.0%) 
1016(32.0%) 
191 (24.7%) 



113 (73.3%) 
445 (89.0%) 
681 (81.1%) 



54 (11.0%) 
135 (18.9%) 



were the same; of thieves, 78%; then swindlers with 66%, mur- 
derers with 62%, and ravishers with 61%. V^tault found that 
of 40 alcoholic criminals, 15 were homitndes, Stbieves, 5 swind- 
lers, 6 sexual criminab, 4 brawlers, 2 vagrants. We may say, 
in general, that the serious offenses, especially the inflictio^ of 
bodily iajuries and crimes agwnst property (simple theft and 
robbery), are those in which the influence of alcoholism makes 
itself more decidedly felt, but that its action is less evident in 
the latter class of cases than in the former. 



98 CRIME: ITS CAUSES AND REMEDIES [£41 

In studying the influence of alcohol upon the crinunality of 
Great Britain and Ireland, there are to be found, according to 
Fomasari di Verce, some strange differences. (1) With the 
increase of the consumption of alcohol crimes against property 
without \-iolence frequently decrease, though irregularly; ' and 
with the falling off of the use of alcohol crimes increase. There 
are, however, some exceptions. Thus, in 1875-76 they increased 
with the increased consumption, but in 1877-78 increased also, 
notwithstanding a diminution in the use of alcohol. (S) Upon 
nolent crimes against property the consumption of alcohol has 
no certain influence. (3) Fraudulent crimes against property 
mostly decrease with the greater consumption of alcohol. From 
1870 to 1875, and from 1863 to 1865, as the consumjition rose, 
these crimes descended from 276 to 260. and from 519 to 238. 
From 1848 to 1855, however, the two increased together. Con- 
sequently, independent of the consumption of alcohol, there is 
now an increase, now a diminution, of these crimes. Thus while 
the use of alcohol went on diminishing from 1875 to 1884, 
fraudulent theft sometimes increased, sometimes decreased 
(4) Forgery and counterfeiting also decreased up to 1884 witi 
the lowering of the price of wine, but after that increased not- 
withstanding the lower price. (5) Crimes against persons seem 
to follow the fluctuations of the consumption of alcoholic bev- 
erages, increasing gradually with the rise in the price of alcohol, J 
as in the period 1848 to 1857, They do not, however, decreaae I 
with the lowering of the price in the period 1873 to 1889.* 1 
(6) The other crimes have no very clear relation with the con- 
sumption of alcohol; but misdemeanors and violations of police 
regulations decrease with the diminution in consumption,' 

Finally, it may be remarked that although a very important 
factor, in England, where it makes itself felt with most intensity, 

' That the increaae or diminution of the consumption of alcohol Clce^ 
ciies no great influence upon the Crimea against property without violence 
may be seen, for example, from the fact that these crimes increaecd froto 
20,035 to 23,571 in IS47, and from 21,545 to 23,01T in 1854, parrilerling 
an increase in the conBUmplion of alcohol. But, on the other hand, they 
diminiahed in 1864 and 1871 from 14,075 to 13,202, and from 12.294 w 
11,265, Dotwithatanding the noticeable increase in consumption, froa 
0.85 to 0.90, and from 1.23 to 1.27. 

' Fomosari di Veroe, op. eit., p. 198. 

 Fomasari di Verce, op. eit., chape. 62-68. 



142] 



ALCOHOLISM 



99 



iooholism enters as a cause into no more than 77% of the cases, 
n New South Wales there is no correspondence to be found be- 
tween alcohol and crime, except in the case of theft and arson.^ 

43. Antagonism between Alcoholism and Crime in Civilized Countries 

It is a remarkable fact that in civilized countries, where 
Icohol is most abused, as in New South Wales and England, 
s influence becomes weaker and weaker, and Bosco shows that 
1 the United States, only 20% of the homicides are addicted 
3 drunkenness, while 70% on the contrary are sober (op. cU.). 
lus fact has already been explained by Colajanni and Zer- 
o^o.* It is not, according to them, that alcohol has any less 
errible effect upon individuals, but that the abuse of it occurs 
rhere civilization is already very far advanced and protects the 
odividual from great crimes by increased inhibitory power and 
I greater psychic activity. This is why England, Belgium, 
Norway, and Germany, which are the countries where the 
TiftTimiinn quantity of alcohol is consumed but civilization is 
nost advanced, furnish a smaller contingent of homicides than 
^pain and Italy, where less is consmned.' 

Here is a recent table of alcoholism in Europe: * 



Austria .... 

Spain 

Gennaay . . . 

Italy 

United Sjngdom 
Bdigiiim . . . . 
Franec . . . . 



Consumption of 

pure alcohol 

per capita 

(in gallons) 




Homicides 
to 100,000 
inhabitants 



25.0 
74.0 

6.7 
96.0 

5.6 
18.0 
18.0 



he 



explains, as Colajanni very truly remarks,^ why in France 
crimes caused by alcoholism, which were from 7% to 



> Gogjilan, op, eU. * "L'Alooolisme/' Turin/ 1893. 

* Coghlao. '^The Wealth and Progrees, etc./' Sydney, 1893. 

* ^^ArSTdi Pach,," VU. 



100 CRIME: ITS CAUSES AND REMEDIES [£43 

11% in the period from 1826 to 1840, descended to 5% and 3% 
in the period from 1861 to 1880. Alcoholism continues and even 
increases, but at the same time the inhibitorj' power given by 
civilization also increajses. It is for this reason that crimes di- 
minish notwithstanding the inSuence of alcohol. We must add 
that in the north the effect of the cold plays a large part; and 
although, on the one hand, it induces men to drink, on the other 
hand it lessens their impulsiveness and hence their tendency to 
homicide. 

S 43. Political Dishirbances 

Alcohol is a powerful factor in insurrections. This fact has 
not escaped the attention of leaders .of rebellions, who have 
often taken advantage of it to attain their ends. Thus in Argen- 
tina Don Juan Manuel, himself an alcoholic, found a powerful 
aid to his political schemes in the explosions of popular rage 
produced by drink. For the same reason alcohol was a political 
weapon in the hands of Quiroga, Franco, Artigas, and their wild 
followers, of whom several, like Blacito and Ortoguex, became 
themselves the victims of delirium iremena (Ramos-Mejia).' 

The abuse of spirituous liquors in Buenos Ayres in 1834 ]$ 
unbelievable. In that year there was consumed, besides hun- 
dreds of hogsheads of brandy, 3836 frasqtieras. 263 hogsheads, 
and 218'2 demijohns of gin. 2^46 hogsheads of wine, 346 barrels 
of beer, as well as cognac and port. During the French Revo- 
lution it was alcohol that inSamed the bloodj' instincts of the 
crowd and the representatives of the revolutionary goi 
ment. Among the latter we may recall Monastier, who, 
intoxicated, had Lassalle guillotined, and the next day did 
remember the order he had given. The envoys from \t 
in thive months emptied 1974 bottles of wine (Taine), and in- 
cluded in their number Vacheron. who violated and then shot 
down n-onien who nested his alcohol-inflamed desires. It has 
been assrrled that during the nmp d'Htd of the second of Decem- 
ber, enomious quantities of wine were distribated to the tFOOftt. 
Certainly- alcoholism was no stnn^r to the disturbances of 
IMS, amoDj! the chiefs of which, according to Chenu,* then 



5 44, 45] ALCOHOLISM lOT 

were two drunkards, Caussidiere and Grandmesnil. It is also 
certain that alcoholism played a great part in the Commune, 
thanks to the great quantity of wine and spirits to be found in 
the besieged city. Despine ' notes in this connection that dip- 
somania recruited the greatest number of the soldiers of the 
Commune, who were drawn by the hope of gratifying their un- 
fortunate appetite by pay and pillage, and whom alcoholism 
made indifferent to danger and wounds. The Communist 
general, Cluseret, himself in his Memoires does not attempt to 
conceal the fact. 

"Never," he says, "have the wine-sellera made so much 
money as at that period." [He himself often had to have heads 
of battalions arrested for intoxication, not only between night 
and morning, but also between morning and night.] "When 
things began to look black for the besieged insurgents, when 
the Versaillea troops were threatening Fort d'Issy at close 
range, what did the defenders do? The taverns and wine-shops 
of Uie ^-illage were crowded with customers stupefied by drink. 
At Asnieres, on the very eve of the capitulation, the National 
Guard, following its laudable custom, smoked, slept, ate, and 

\ 44. Alcoholiam uid Evolution 
In the "Man of Genius" I have shown that a number of men _ 
of genius, and certain of their parents, were alcohohcs (Beetho- ) 
ven, Byron, Avicenna, Alexander, Mui^r); but one may say  
that this b rather an effect and complication of genius than a 
cause, for these great and powerful brains need ever some new 
stimulant. Parallel to this is the fact that the more civilized 
peoples more easily fall a prey to alcohohsm, as a necessary con- 
sequence of their greater cortical excitability. 

% 45. Tobacco 

According to Venturi,' criminals show a greater number of 

users of snuff, not only than normal persons, but also than the 

insane (criminals, 45.8%; insane, 25.88%; normal persons, 

14.32%); and among the criminals themselves those guilty of 




I 



.•W CHOIE: ITS CAUSES AND REMEDIES [§45 

, . '• crimes of blood show a higher percentage (48%) than do thieves 
/•.'and forgers (43%). Criminals and lunatics form this habit very 
- -" early, which is not tlie case with the normal man; but while the 
habit grows upon the insane in the asylums, with criminals it b 
not similarly increased by detention in prison.' The prostitutes 
of Verona and Capua nearly all take snuff, and those who do 
not, smoke. Marambat ^ asserts that the passion of a minor (or 
tobacco leads to idleness, drunkenness, and finally crime. Of 
603 delinquent children from 8 to 15 years of age, 51% had the 
habit of using tobacco before their detention; of 103 young men 
between 16 and 20 the proportion of tobacco users was 84%; of 
850 mature men 78% had contracted this habit before the age of 
20. Of these, 516, or 57%, had been imprisoned for the first 
time before the age of 20, while of those who had never made 
use of tobacco the proportion of those imprisoned so young was 
only 17%. Of vagrants, beggars, thieves, swindlers, etc, 89% 
are tobacco users. Among convicts who are drunkards 74% use 
tobacco, among the others only 43%. The number of recidi- 
vists among those who smoke is 79%, and only 55% among 
those who do not. Temperate prisoners show 18% of recidivists 
among those who do not smoke, and 82% among those who do. 
It is clearly to be seen, then, that there is a causal connection 
1 between tobacco and crime, like that which exists in the case of 
alcohol. But, as in the case of alcohol, it is a curious fact that 
the countries where the consumption of tobacco is greatest 
have a lower criminality.* This contradiction is frequently met 
in our researches; but it soon disappears, because the abuse of 
these stimulating substances, as in the case of alcohol, takes 
place especially among civilized people, who learn to control 
themselves. 

' Venturi, o^. at. ' "Arcbiv, di Paich.," V, 378, 

' Consumption of tobacco in poimds per capita: 

Holland . . .6.92 Germany . . , .3.00 Spun - 1,70 

Austria . . . 3,77 France 2.05 Italy .- 1,34 

Denmark . . 3.70 Switzerland . . . 1.87 Ruasia 1.23 

Belgium . . . 3.15 

(Coghlan, "Wealth of New South WaleB," 1895.) 



J 



§ 46, 47] ALCOHOLISM 103 

S46. Hashish 

Stanley found in Africa a kind of brigands, called Ruga-Ruga, 
who were the only natives who used hashish to excess. Accord- 
ing to a tradition of Uganda, crime appeared among the sons of 
Einto after th^ had taken up beer-drinking. 

{47. Morphine 

To the foregoing intoxicants many more may be added. The 
Malay running amuck is impelled to his homicidal mania by 
the intoxication of opium. The Chinese opium-eater is at once 
^>athetic, impulsive, and inclined to suicide and murder. Many 
female swindlers have both the morphine habit and a tendency 
to hysteria; and those addicted to the use of morphine generally 
have the moral sense largely obliterated, and are in consequence 
the more inclined toward swindling, and sometimes toward 
homicide and sexual offenses.^ The slave to morphine loses 
little by little the power of resisting impulsive tendencies, to 
sudi an extent that he equals or surpasses the smoker of hashish, 
with ?diom criminal tendencies are common. A Chinaman, in 
order to get money for opium-smoking, staked even his own 
fingers, which he cut off, joint by joint, as he lost. Dr. Lamson, 
a morphine user, poisoned his brother-in-law with morphine, 
without comprehending the gravity of the act. When slaves to 
morphine are undergoing a forced abstinence they show rage, 
melancholy, and a tendency to suicide and homicide, but espe- 
dally toward theft for the purpose of procuring the desired drug 
(Guimbail). Marandon de Montijel reports the case of an advo- 
cate who, being refused morphine on board ship, broke into the 
ship's stores to procure it. A woman suffered so from being 
Aspnved of morphine that she ended by prostituting herself in 
order to obtain it. Another, addicted to the use of morphine, 
murdered her granddaughter, and maintained that the drug 
drove her to acts of violence.' An hysterical woman, 28 years 
M^ committed a fraud by getting goods to the value of 120 
francs under a false name, but, with a strange improvidence, 

1 Charoot| op. eU, 

s Quimbail, "Annales d'Hy^^ene Publiqoe," 1801. 



104 CRIME: ITS CAUSES AND REMEDIES [§48 

returned to the store a few days after and returned part of the 
goods, saying that she was not satisfied with them. She had 
sold the rest to buy morphine, for she owed the druggist 1600 
francs, and when he refused her further credit she committed 
her offense. 

S 48. Spoiled Uaize 

Indian com that has become spoiled must be regarded as a 
cause of crime. Experimental observations have shown that 
hens and good-natured dogs, fed upon sfxiiled maize, become 
fierce after a time. I have already in my "£tudes Cliniques 
sur la Pellagre" (1872), and in my "Traits sur la Pellagre" 
{Turin, 1890), told stories of criminals, where the original factor 
was pellagra, that is to say, the use of spoiled Indian corn. Thus 
a man afflicted with pellagra out of avarice starved his children, 
and killed one of them for having stolen a few potatoes out of his 
field to appea.se his hunger. A woman threw her new-bom child 
into a well almost publicly. Another stole to satisfy an insatia- 
ble appetite, and said, "I should be capable of eating a man." 
All three had acquired moral insanity at an advanced age 
through being poisoned by maize. 



J 



CHAPTER Vm 

INFLUENCE OF EDUCATION UPON CRIME 

S49. mitermcy and Crime 

THE absolute parallelism between education and crime, 
which many maintained several years ago, is to-day 
ri^tly r^^arded as an error. Marro found that of 500 crimi- 
nals and 500 honest men in Turin there were: 

Criminal Honeft 

miterate 1«% «% 

Knowing how to read and write . . 75% 67% 

Educated 12% 87% 

with, it is true, a larger proportion of criminals among the 
illiterates, but also among those who could read and write.^ 

Morano proved in 1878 in Palermo that of 53 crimes com- 
mitted in the school, 34 came from the pupils and 19 from the 
teachers, who certainly did not lack for education.' Curdo 
foond one convict in Italy to 284 of the illiterate population, 
and one to 992 of the educated, — figures which, with a slight in- 
crease of literates among the criminals, would balance one 
another. These very slight differences become in certain cate- 
gories of crime stiU less marked. Three-sevenths of the con- 
victs had received elementary instruction; one-half of those 
guilty of sexual offenses, one-half of the minor offenders, and 
ten twenty-fifths of the criminals against persons and property 
liad received some instruction (Curcio, op. cU.), And while 
criminals in general give an average of from 50% to 75% of 
illiterates, criminals who are still minors average only 42%, 
and in some provinces still lower. In Lombardy, for example, 
only 5% of the juvenile offenders are illiterate, and in Piedmont 

1 "Caratterie del CriminaU/' 1886, Turin. 

* Lombroso, "L'Incremento del Delitto/' p. 80. 



^M 106 CRIME: ITS CAUSES AND REMEDIES [H9 

^M 17%. As early as 1872 it had beeD estimated that to 4S3 
H illiterates there were 51 who could read, 368 who could read 
^B and write, 401 who could read, write, and couut, and 5 who 
^M had received a higher education.* According to Joly, the de- 
H partment of Herault, which in 1866 gave the minimum ol 
H illiterates (1%) among the conscripts, at that time held the 
H lowest place in the scale of criminality; whereas now that it 
H has a great number of schools it has mounted to the highest; 
H and a similar statement may be made of Doubs and Rhfine 
H {op. cU.). On the other hand, Deux Sevres, Vendee, and Lot 
H with U, Vienne with 14, Indre with 17, Cotes-du-Xord wilh 
^U 24, and Morbihan with 35 illiterates furnish the mioimum 
H degree of criminality (id.). Levasseur calculates that of 100 
 persons indicted in France there were: 




1S30-34 


IBM-SO 


1S50-SO 


1860-70 


1875 


IS78 


Enowiiu hoir to read 
Having higher cducatiDD 


3S 
2 


41 
S 


48 
3 


ss 


60 


4 


Thus in less than 30 years criminals with more or less education 
doubled in number. Tocquc\-ille shows that in Connecticut 
criminality has increased with the increase in instruction. In the i 
Tnited States the maximum figures for criminality (0.35, 0.30, 1 
and 0.37 to the 1000) were noted in Wyoming, California, and 1 

7.7, and 8.0%); and the minimum figures for criminality were 
found in New Mexico (0.03), South Carohna (0.06), Alabama, 
Mississippi, Geoi^a. and Louisiana, which had the highest 
number of illiterates. Nebraska, Iowa, Maine, and Dakota 
were exceptional. ha%-ing a small number of criminals and illit- 
erates both, as a result of other causes which we shall see pre?- 
(mtly. In England the counties of Surrey, Kent, Gloucester, and 
Middlesex, where there is a higher degree of education, gave the 

> Carfon, "Sutirt, CHWtMi*," Rtune, 1872. 



§49] INFLUENCE OF EDUCATION UPON CRIME 107 

by the more illiterate districts. North Wales, Essex, and Corn- 
wall.^ In Russia, where education is much less common, Oet- 
tingen (3d ed., p. 597) calculates that 25% of the convicts know 
how to read and write, and even 29% of the men, while of the 
population at large only 8% can read and write. ** Examine," 
says Lauvergne, **the records of the courts, and you will see that 
the most unreformable criminals are all educated" (*'Les For- 
gats," p. 207). But Coghlan gives us a still better proof in his 
"Wealth of New South Wales" (Sydney, 1895). There the 
percentage of illiteracy among the general population in 1880 was 
12; the illiterate prisoners were 5.5% of the illiterate population, 



« 


Persons 
arrested 


Illiterate 


Knowing how to 




Read 


Read and write 


Against penons 

Against property 
with violenoe 

without violenoe .... 
Rioting, dninkennras . . . 
GNmterfeiting 


8,355 

990 

4.873 

82,878 

157 


60 

331 

2,348 
3 


89 

14 

69 

473 

4 


8,094 

916 

4,473 

30,057 

150 



and the more or less educated prisoners 6.2% of the educated 
peculation. In 1891 the general percentage of illiteracy was 
7%, the illiterates imprisoned 4.1%, and the educated persons 
imprisoned 4.7%. That is to say, absolutely as well as rela- 
tively, that persons who had received instruction committed 



1 Mayhew, op. 


cit, : 








Convicts to 
10,000 inhab. 


Percentage of 
illiterates 


douoester 

Middlesex 

North Wales 


26 
24 

7 
8 


35 
18 
35 


Cornwall 


45 



108 CHIME: ITS CAUSES AND REMEDIES 

more crimes than the illiterate. From 1881 to 1891 pupils s 
the schools increased from 197,412 to 252,940, and the persou 
arrested from 39,758 to 44,851. For each 10 new schools openc 
there were 5 more arrests; and this was true in all the diSere 
branches of crime. 



5 50. DiflfusioQ of Education — Its AdvasUges 

However, an impartial examination of the figures for these 
last years brings the comforting assurance that education is not 
so fatal as it appears at first to be. It favors crime only up to a 
certain point, after which its influence is the other way. Where 
education is widely diffused the list of educated criminals in^ I 
creases, but the list of illiterate criminals increases still more, 
which shows that the criminality of the class with a moderate 
amount of education is decreasing. Thus in New York, while the 
whole population showed 6.08% of illiteracy, and the immigrants 
who furnish the greatest proportion of criminals only 1.88%, 
the criminal class showed an illiteracy of 31%.' Of the homi- 
cides recently convicted in the United States,* 33% were com- 
pletely illiterate, 64% could read and write, and 3% had a highra 
education, while the illiteracy of the population at large was only 
10%. In Austria, while the young and moral population of Sab- 
burg and the Tyrol have no illiterates, the criminal population 
show an illiteracy of from 16% to 20% (Messedaglia). In the 
recent statistics of Joly (op. cU.) we find that in France, to the 
100,000 inhabitants: 

6 dvpartmenti had 7 to 10 illiterates to 9 indicttaeati 



Here crime increased with a moderate education, and decreased 
with a higher education. In France also the following percent- 
ages of illiteracy were found: * 

" Braee, "The Daneeroua Clwaea of New York," 1871. 
• Boeni, "L'Omioidio Degli St*ti Uniti," 1897. 
' Oettingea, 3d ed., p. 5B7. 



§ 50] INFLUENCE OF EDUCATION UPON CBIME 109 





Among soldiers 


Among criminab 


iarr-88 


56 


68 


18S1-M 


49 


59 


18S5-86 


47 


57 


1886-^ 


47 


48 


186S-64 


88 


58 


1865-66 


85 


86 


1871-72 


80 


87 


1874-75 


18 


86 


1875-76 


17 


84 


1876-77 


16 


81 



The illiterates in each of the two categories diminish each year, 
then, but much more slowly among the criminals; and we may 
add that the criminals under 21 years of age decreased from 
1828 to 1863 by 4152 individuals. The facts appear still more 
dearly if we study the number of pupils in Europe, following 
Lavasseur,^ and the proportion of pupils in the public and private 
sdiools to the population, following Bodio,' together with the 
statistics of homicides and thefts given by Ferri, and those of 
revolutions given in n^ ''Crime Politique." We shall find the 
following data: 





Pupils to 
100 inhab- 
itants 


Homicides 
(1880-88) 
to 100.000 


Thefts to 
100.000 


Revolutions 
to 10.000.000 


Pmssift 


17.8 


5.7 


846 


5 


SwHieriand 


16.1 


16.4 


114 


80 


England* 


16.4 


5.6 


168 


7 


Netherlands* .... 


14.8 


5.6 


• • • 


• • 


Sweden* 


18.6 


18.0 


• •  


• • 


Austria 


18.5 


85.0 


108 


5 


France 


14JS 


18.0 


108 


16 


Belgium* 

SpiSi 


10.0 


18.0 


184 


• • 


9.1 


74.0 


58.0 


55 


Italy 


7.6 


06.0 


150 


80 


Russia 


8.4 


14.0 


? 


• • 



> "Bulletin de la Sod^t^ de Statistioue/' 1895. 

* "Di Alcuni Indici Misuratori de Movimento Eoonomico/' 1891. 

* Public schools only. 



110 



CBIME; ITS CAUSES AND REMEDIES 



119 



From this we see that the number of homicides decreases m^ 
the increase in the number of pupOs, except in the i 
Russia (with only 14 homicides, notwithstanding the minimui 
number in the schools, S.4), and of Switzerland, which has h 
figures for both pupils and homicides, Thefta follow the opp 
site course. They rise in England, Belgium, and Prussia wiM 
the greater number of pupils in the schools, and fall in Spi 
with the smaller number. Revolutionary tendencies §Sve c 
tradictory results. This relation is maintained to a certain poin 
everywhere if we study the nations severally. In Italy t 
parallehsm between homicide, rape, and ignorance is complet 
the minimum, mean, and maximum of ignorance corresponding* 
with those of the two crimes mentioned, as seen in the following 
table: 

Number ow Ci 





86-80% 


80-M% 


60-0% 




32.3 
23.6 

«.o 

1*1.0 


2S.9 
11.3 

63.0 
160.0 





















We have seen in France and England that crimes of blood are 
becoming more and more rare in the large cities, where they are 
nearly always committed by peasants and moimtaJneers; while 
crimes against property, on the other hand, are on the increase. 
A similar situation prevails in Italy with regard to recidi^nsts, 
just because they are more educated. In Belgium great crimes 
have decreased each year since 1832, falling from I to 83,573 of 
the population, which was the figure for the year mentioned, 
down to 1 for each 90,220 in 1855. In Switzerland great crimes 
have decreased 40% since 1862. In France the more serious 

' Bodio, "Relatione alia Commiaaone di Statistica GiudiiiariA," 
1896. 

> Ferri, "Omicidio" (Atlaa), 1896. 



§ 51] INFLUENCE OP EDUCATION UPON CBBfE 111 

crimes, those passed upon by the assizes, had fallen from 40 to 
the 100,000, which was the figure in 1825, to 11 to the 100,000 
in 1881; while the offenses which came before t^e magistrates 
rose from 48,000 to 205,000. There is, it is true, an augmenta- 
tion of crime amoimting to 133%; but crimes of blood have 
diminished, while sexual crimes have been on the increase. From 
1826 to 1880 thefts increased 238%, frauds 323%, breach .of 
trust 630%, and sexual crimes 700%. Vagrancy is four times 
greater, and offenses against officials five times. Bankruptcies 
have risen from 2000 up to 8000, and while the number of mer- 
chants has increased, of course, this increase has not been in the 
same proportion. These differences express the influence of 
education. But this influence has been more remarkable as well 
as more favorable in England,^ where from 1868 to 1892 the 
number of prisoners fell from 87,000 to 50,000, and the number 
of adult criminals from 31,295 to 29,825. Yet the population 
increased in the same time 12%, and now it is calculated that 
there are but 21 illiterates out of every 100 indicted. This 
diminution occurs especially in London, where schools are more 
numerous and widely diffused. 



S 51. Special Crimiiudtty of ^e niitemte and of tkt Educated 

All this explains a phenomenon which appears at first com- 
pletely sdf-contradictory, namely, that education now in- 
creases crime and now decreases it. When education is not 
yet diffused in a country and has not yet reached its full devel- 
opment, it at first increases all crimes except homicide. But 
when it is widely disseminated it diminishes all the violent 
crimes, except, as we shall see, the less serious crimes, the 
political crimes, or the commercial or sexual crimes, because 
these increase naturaUy with the increase of human inter- 
course, business, and cerebral activity. But education has an 
indisputable influence upon crime in changing its character and 
making it less savage. Fayet and Lacassagne show that in 

1 "Engliah Judicial Statistics," 1895; Joly, "Revue de Paris," No. 
21, 1895. 







112 CRIME: ITS CAUSES AND REMEDIES [§51 

France: (1) Among illiterates the crimes whicli lead are infanti- 
ctde, abortion, theft, formation of criniinal bands, robbery, and 
arson; (2) among those who can readjand write imperfectly, 
extortion, threatening letters, blackmail, robbery, injury to 
property, and assaults predominate; (3) among those who 
have received a moderate education, bribery, forgery, and 
threatening letters prevail; (4) among the well educated the 
predominant crimes are forgeries of commercial papers, official 
crimes, forgery and abstraction of public documents, and [>oliti- 
cal crimes (op. cU.). The minimiun of forgeries and the 
maximum of infanticides are found among tbe illiterate. With 
the convicts of a higher education the prevailing crime is foi^ 
gery of public documents, breach of trust, and swindling. Iiu 
fanticides and violent crimes are lacking. 

Accordingly there is a type of crime for the illiterate, namely, 
the savage type; and one for the educated, the milder, but 
more cunning type. In the same way, according to the most 
recent studies of Socquet ' we see that in France the illiterate 
criminals gradually diminished in the period 1876-80 in com- 
parison with the period 1831-35. Homicides and murders 
have decreased among them by half, infanticides and abortions 
by a third, and sexual crimes neaHy a half. The violent crimes 
of educated criminals are, on the whole, diminishing, while 
their other crimes are nearly at a standstill. As to politJcal 
crimes, these increase constantly among the educated. History 
teaches us that it has been the highly civilized states (Athens, 
Genoa, Florence) which furnished the maximum number of 
revolutions; and it is certainly not among the illiterate that 
 the nihilists and anarchists get their recruits, but among the 
more highly educated. Of this I have given abundant proof 
in my " Crime Politique." In .\ustrift the crimes which pre- 
vail among the illiterate are robberies, abductions, infanticide, 
abortions, murders, bigamy, homicides, malicious injury to 
property, and assaults. In Italy, following the remarkable 
study of Amati," we find:' 

' "Contrihulion k 1 'fit ode de la Criminabt^ en i^anee." 
I "letnuione e Delinqucnu in Italia," 18S6. 



L 




§ 51] INFLUENCE OP EDUCATION UPON CRIME 113 



Crimes, 1881-88 



Political crimes 
Frauds . . . , 

TliefU . . . . 
Rapes . . . 
RdbeUioDS . . 



Illiterate 



49% 



Able to read 
and write 



87% 
84% 

44% 
48% 



More highly 
educated 



10 



0.0 % 

7.0% 

O.W% 

1.7 % 

8.0 

8.1 



Among 500 individuals who had a higher education there were 
in 1881-83 the following number of the crimes specified (the 
second figure giving the number to the 1000) : 



78-152 

Homicides 44-88 

lliefts 40-80 

Rands 57-114 

Extortions 88-76 

Higliwaj robberies .... 82- 44 

Sexual crimes 84-68 

Bai^Tuptdes 88-66 

Peijuries 2-4 



Assaults 

Parricides 

Political crimes . . . 
Crimes a^inst religion 
Destruction of property 

Arson 

Instigation to crime . 
Abortions 



18-26 
ir- 4 

14-28 
1- 2 
4- 8 
»-18 
6-12 
1- 2 



That is to say, the figures are higher for forgery, fraud, sexual 
crime, bankruptcy, theft, extortion, and homicide; and lower 
for assault, highway robbery, parricide, and arson. Accord- 
ingly, while the illiterate lead in homicide and theft, the fully 
and partly educated together show a high figure for political 
crimes, and an absolute majority of the rapes and frauds. 

But it should be observed here that the above statistics belong 

to a period when thought was completely free in Italy, and 

when, therefore, the comparatively few political uprisings did 

not draw into their ranks the better part of the population; 

bence the relatively large number of illiterates. Now, however, 

tbose condemned for political crimes belong to the more highly 

educated strata of the nation. The same thing is true of Russia, 

^ere the greatest number of political offenders is furnished by 

the educated dass. Thus from 1827 to 1846 the nobles exiled 

to Siberia for political causes were 120 times as numerous as 

^ peasants. Of 100 women condemned for political crimes 



1 



114 CRIME: ITS CAUSES AND REMEDIES [§S 52, 53 

in Russia, 75 were well educated, 12 could read and write, and 
7 were illiterate.' 

It cunnot be said, then, that education always acts as a 
preventive of crime, nor, on the other hand, that it always 
impels toward crime. When it is really diffused among all 
classes, it has a beneficial effect, diminishing the number of 
crimes among those moderately educated, and making the char- 
acter of them milder. 

S SI. Education in th« Prisons 
However, if education is valuable for the population in gen- 
eral, it nevertheless ought not to be extended to the inmates rf 
prisons, unless it is accompanied by a special training designed 
to correct the passions and instincts rather than to develop the 
intellect. Elementary education is positively harmful as ap- 
plied to the ordinary crinunal; it places in his hands an addi- 
tional weapon for carrying on his crimes, and makes a recidi\'ist - 
of him. The introduction of schools into the prisons, at once 
bringing bad men into contact with each other and developing 
their intelligence and power, explains, to my mind, the great 
number of educated recidivists. For statistics show us that 
of crimes against property, made easier by education, recidi- 
vists comuiitted over twice as many (67 .-1%) as non -recidivists 
(■iS,47*^), while their crimes against persons were relatively 
much fewer. It is doubtless the elementary instruction ^ven 
in the prisons of Francis. Saxonj', and Sweden that accounts 
for the large number of forgeries committed by recidi^Hsts. 
The pick]MX'ket aud cut-throat learn in prison, at the expense 
of thv state, to make false keys, to make counterfeit monef, 
to eognv* banknotes, and to conunit bursaries. 

I SI- DtBfvn o( Edncatioa 

" Knowleilin*." s«>"s Seymour, "is power, not virtue. It may 

be the «T\-»iit of pKxI. but it iu*.v al^o be the ser%'ant of e^-il." 

To (Hit the Mate trtith in other wonis. the simple sensory knowl- 

ed^^tf thf fomi tif the letters m- the sound which indicates an 

' K. N, TM»v««nikv "Jurifiwiikj Vwtaik,- 1S89. 



§ 63] INFLUENCE OF EDUCATION UPON CRIME 115 

object, or the knowledge even of the great technical and sci- 
entific advances which have been made, does not raise the 
moral plane in the least degree. Indeed, it may become, on 
the contrary, a powerful instrument for evil, by creating new 
crimes that more easily escape the clutches of the law. Thus 
the advancement of science may enable criminals to use the 
railroad, as was the case with Tiebert in 1845; or dynamite, as 
with Thomas; or the telegraph and cipher messages, as in the 
case of the Venetian, Fangin, who used this means to indicate to 
his accomplices the courier who was to be robbed. Caruso, the 
bandit, was accustomed to say that if he had known the alpha- 
bet be would have conquered the world; and the murdere^ 
Delpero declared at the foot of the gallows that the cause o^ 
his ruin was the education which his parents had procured 
for him, since it had made him prefer idleness to poorly paid 
labor. Finally, all criminals learn, by reading the accounts of 
trials, of which they are very fond, to put into practice the arts 
of thdr predecessors. Thus, among 150 vagrants, Mayhew 
found 50 who had read ''Jack Sheppard" and other stories of 
criminals, and who declared that this reading had inspired 
their first steps in a life of crime. 

From the lowest education to the highest among us Latins, 
with whom crime is continually increasing, there is no teaching 
^ven that does not open the wound rather than heal it; and 
especially is this the case with poUtical crimes. We live in a 
stirring time when the days are years and the years centuries, 
and we would have our young people live in an atmosphere 
thousands of years old. The best intelligence has not time 
enough to take in that part of knowledge that is necessary to 
an (like natural history, hygiene, modem languages, and eco- 
nomics), and we would have the youth spend his precious hours 
in learning to babble dead languages and dead sciences, and 
all this to make him a man of good taste. It seems ridiculous 
to waste ten or twelve years on flowers and musical scales. 
The mighty torrent of modem life, laden with facts, passes 
before us and we do not see it. How it will make our descend- 
ants smile to think that thousands and thousands of men have 
seriously believed that some reluctantly learned and quickly 



116 



CRIME: ITS CAUSES AND REMEDIES 



§5S| 



forgotten fragment of the classics, or, worse still, the dry nilaJ 
of ancient grammar, were the best means of developing 1 
mind and forming the character of a young man, better t 
than the exposition of the most important facts, better meai 
than study of the causes of those facts. In the meanwhi 
we are creating generation after generation whose brains t 
crammed with study of the form only, and not of the substanc^B 
and, worse than this (since the form may be transmitted in somen 
masterpiece), with an adoration of the form which amounts to 
fetichism, and is the more false, blind, and sterile the longer 
it has been profitlessly employed. 

It is from this sort of education that has come the adoration 
of violence that has been the starting point of all our rebels, 
from Cola di Rienzi to Robespierre, What is the whole classical 
education but a continual glorification of violence in all its forma? 
In this matter all political parties are alike, so deep-seated is 
evil. The clericals cry Hurrah! at the dagger-thrust of Ravaillac, 
and the conservatives do likewise at the wholesale execution 
of the Communists in 1871. What wonder, then, that in s 
society saturated with violence, ^-iolence breaks out from time 
to time on all sides in storm and lightning? It is not possible 
to declare with impunity that ^-iolence is holy, with the proviso 
that it is to be used only in a certain way, for sooner or later 
some one will come to transfer the gospel of force from one 
political creed to another. 

I am glad that my illustrious master Talne has preceded 
me in thb line of thought. In his last pages he has given an 
almost posthumous admonition to us poor Latins, so vain- 
glorious, and so obstinatelir' attached to that which is our ruin. 

"The true learning, the true education," writes Taine.' "is 
acquired by contact with things, by innumerable sense-impres- 
sioiis which a man receix^es all day in the laboratory, the wort . 
shop, the court-room, or the hospital, impressions which entfl 
by the ears, the ej-es, the nose, to be consciously or unco 
scouslj" assimilated by him, and which sooner or later su{ 
to htm a new combination, a simplification, an economy, i 
iiKipro\'ement, an invention. Of these invaluable contacts, OJ 

< "Rev« FhikMfih.," ISM-^S. 



§53] INFLUENCE OF EDUCATION UPON CRIME 117 

all these assimilable and indispensable elements of mental life, 
the P'rench youth is deprived just at the most fruitfiil age. For 
seven or eight years he is shut up in school, cut off from the per- 
sonal experience that would give him a correct and vivid idea 
of things, of men, and of the way to equip himself for life, 

"It is too much to demand of young people that upon a set 
day they shall present themselves in the examination- room in 
the possession of all knowledge. As a matter of fact two months 
after the examination they have forgotten everything; but in 
the meantime their mental vigor declines, freshness and fer- 
tility disappear. The accomplished man, or rather the man 
who is no longer capable of any change, becomes ticketed, 
resigned to a life of routine, perpetually turning the same 
wheel. 

"On the other hand, the Anglo-Saxons [the only race in 
Europe, as we shall see, among whom criminality is declining] 
have not our innumerable special schools. Among them in- 
struction is given not by the book, but through the object 
itself. The engineer, for example, is educated not in the school 
but in the workshop, a thing which permits each man to reach 
the grade suited to his intelligence: workman or builder, if he 
can rise no liigher, engineer, if bis talents permit. With us, on 
the other hand, with the three grades of instruction, for child- 
hood, youth, and young manhood, with the theoretic and scho- 
lastic iuatructioii imparted by means of benches and books, the 
mental tension is simply increased and prolonged by the pros- 
pect of examinations, diplomas, degrees, and conmiissions; 
while our schools do not give the indispensable equipmenti 
namely, a sound and firm understanding, will, and nerves. So 
the entrance of the student into the world and hia first steps in 
the field of practical action are oftenest but a succession of im- 
fortunate falls, from which he emerges bruised even if not crip- 
pled. It is a rough and dangerous experiment. His mental poise 
is dLrturbed, and is in danger of not being reestablished. The 
disillusioning is too rude and too violent." 

Finally, education often incites to evil by creating new needs 
md aspirations without giving the power to gratify them. Es- 
pecially is this brought about by the minghng of good and bad 
dements in the school, an influence the more dangerous when 
tie'teacher himself inclines to evil, particularly in sexual rela- 
tionj, as has been observed in Italy and Germany. ' 

Ib this matter I am much of Dante's opinion: 
' Oettingen, op. cU. 




118 



CSniE: US GACSBS AND 



:4MMi]i:< 



[§53 



clove l^argomento deDa mente 
S*aggiim^ ml mal Toler ed aDa 
NcsBon npaio ri poo iar la gente." ^ 

"Tea TcdaoKLT says Jolly, ''iqKm the aciiooI*s sapplying t 
place of the parents, vho are kept occopied at ihor work, 
who lack the knowled^ or ahifitj to do their daty by th 
duldrea; and joa oomit, on the other hand, on the family 
siqiply the deficiency of the moral tnunin^ of the acdiooL B 
whue eadi waits for the other, th^ mute in 
nothing.** 



W W I I I II 



1 « 



Tf 



rinfono.'' XXXL) 



tfaeeffoitB 



w 

f 



CHAPTER IX 

IKTLX7ENGB OF ECONOMIC CONDITION — WEAI/TH ^ 

S54* 

THE influenee of wealth is a factor much more disputed 
than that of education, and the most impartial examination 
of the facts fails to give a complete solution; for the investigator 
fails to secure a sufficient number of decisive proofs. Bodio 
himself in his classic work, ''Di Alcuni Indid Num^ratori del 
Movimento Economico in Italia '* (1890)» shows that it is im- 
possible to give an answer to the question, What is the actual 
wealth of Italy? It is impossible to place a valuation upon all 
the agricultural and mineral wealth, because we have no exact 
statistics of mining and agriculture. A statement of all indi- 
vidual properties is impossible for lack of a simultaneous ap- 
praisal of all real and personal property. It is necessary, there- 
fore, to rely upon private statements as found in deeds-of-gift 
and wills. The average wage must be arrived at hypothetically 
upon the basis of the minimum necessary for living, which itself, 
in turn, is based upon conjectural data. To estimate wealth 
on the basis of taxes alone is seen plainly to be impossible when 
one reflects that the errors of the assessors by themselves would 
^ sufficient to overthrow all calculations, without considering 
. the numbers of business men, bankers, and even professional 
men who escape taxation more or less completely. This is 
^hy the results in this division of the subject, however one 
nuiy attack it, hardly succeed in establishing an exact relation 
between wealth and the more important crimes. 

$55. Taxes 

The following tables present a comparison of the number of 
the principal crimes compared with the sum total of all taxes 
paid by the inhabitants of the various provinces, including 



CRIME: ITS CAUSES AND REMEDIES 



sen 



taxes upon consumption (internal revenue, tobacco, salt, etc.), 
direct taxes (farm property, real estate generally, personal 
property, etc.), and taxes upon business. 



Maximdm Wealth 



AveniBetax 












paid per 

capiU. in 


Province 


Crimes 


Frauds 


ThefU 


Homicides' 


francs 












74.0 


IiE^hom 


20.4 


76 


224 


il-S 


71.8 


Rome 


22.1 


65 


S29 


27.8 


6B.I 


Naples 


W.7 


48 


161 


28.7 


64.6 


U.7 


47 


157 


8.4 


4fi.6 


Florence 


12.6 


43 


leo 


9.8 


4S.6 


Genoa 


17.2 


SO 


147 


7.9 


41.4 


Venice 


14.S 


138 


248 




S8.4 


Turin 


17.9 


103 


121 


9.1 


8S.S 


Bologna 


11.3 


104 


216 


7.a 


3S.0 




0.8 


50 


134 


2.3 


81.7 


Ferrara 


7.2 


S3 


387 


6,: 


81.4 


Mantua 


15.0 


88 


854 


7.8 




15.8 


70.6 


206 


"■■ 



Mean Wku-tb 



Tales 


Province 


Sexual 
Crimes 


Frauds 


TMti 


HoniodH 




20.0 


Port Maurice 


10.1 


04 


I3S 


S,l 




25.4 




8.1 




100 


0.3 






GrcMseto 


22.4 


SO 


IBS 


13.4 








17.0 


44 


189 






24.4 


Cauea 


8.9 


52 


87 


S.S 








11.7 


128 


100 


19,0 








21.8 


35 


150 






23.3 




16.7 


52 


120 






23.0 




0.5 


38 


lis 


4.0 






Fori, 


7.4 


172 


174 






20.4 


Ca^iari 


17.2 


OS 


208 


SU 1 1 


MS 


SS^ 


12.7 


a» 


140 


IS* J 


1 


13.4 


60 


113 


••1 


1 ThedaU 


sre alt from Bodio (1879-83) 


e^ccept the UieTts. which are Ima 




Ilea are taken (tom the "Am 


uario dd Ministcro dell. FinsaK. 


Stetisttca Fin. 

i. 


' (1886-87). 


J 



§551 



INFLUENCE OF ECONOMIC CONDinON 



121 



Mnmniit Wkaioh 



Taxes 


Proyince 


Sexiial 
Crimni 


Frauds 


Thefts 


Homicides 


10.5 


Belluno 


6.8 


25 


108 


5.1 


18.6 


Sondrio 


18.0 


81 


120 


5.4 


14.0 


Teramo 


14.7 


87 


108 


20.4 


14.7 


Coseosa 


84.8 


80 


125 


88.2 


15.0 
15.4 


Campobaaso 
Aquua 


22.2 
18.5 


42 
44 


190 
118 


41.2 
81.1 


15.8 


Chieti 


81.1 


76 


119 


25.7 


16.8 


Reggio Calabria 


80.5 


26 


214 


80.5 


16.4 


Mesnna 


17.9 


29 


148 


19.2 


16.5 


Aflooli 


18.8 


40 


82 


11.9 


16.6 


AvdliDa 


28.8 


42 


179 


45.4 


18.8 


Maoerata 


9.8 


102 


278 


18.0 




19.6 


48 


148 


28.0 

1 



The next table is formed by arranging these figures in groups, 
and adding to them the data for the years 1890-03 furnished 
by Bodio, in which he includes, besides the thefts tried at the 
assizes, those coming before the minor courts: 





Wealth, 1885-^ 


Wealth, 1890-98 (Bodio) 




Maximum 


Mean 


Minimum 


Maximum 


Mean 


Minimum 


Fraud .... 
Sexual crimes . 
Thefts .... 
Homicides . . 


70.6 

15.6 

206.0 

11.8 


66.0 

18.4 

148.0 

17.0 


48.0 

19.4 

148.0 

28.0 


55.18 

16.15 

861.28 

8.84 


89.45 

15.28 

829.51 

18.89 


87.89 

21.49 

419.05 1 

15.40 



^ Bodio includes rural thefts. 



From which it appears that fraudulent crimes increase 
positively with the increase of wealth, and the same is true of 
thefts, but if we add rural thefts we get the maximum where 
wealth is least; and this last is always true of homicides. This 
shows more clearly the influence of mere poverty upon the 
minor crimes. We have already shown in the chapter on sub- 



122 CRDIE: ITS CAUSES AND REMEDIES 

sistence that, in Germany, while thefts in general became lea 
frequent in the years when the price of grain was lowest, a 
increased when the price was very high, thefts from the forests, 
on the other hand, pursued the contraiy course. But these 
thefts, which still recall the ancient time when land and pasture 
were common property, are bound up with old tradition, and 
only exceptionally represent the immorality of a country. The 
results for sexual crimes are more unexpected. They show 
their minimum in Italy where wealth is moderate, and their 
maximum where there is the minimum of wealth. Italy thus 
presents an exception, as the usual course of sexual crimes is 
to increase with the increase of wealth. An examination of 
the figures shows, likewise, that there are individual provinces 
which give figures very far from the average of their several 
groups. 

I 56. Inheritance Taxes 
De Foville believes that it is possible to estimate private 
wealth upon the basis of the declarations in wills;' but if we 
study Pantaleoni's ' very valuable statistics for Italy, we shall 
see with what difficulty we shall arrive at any idea of the 
relation of crime to wealth. In fact, in studying the table 
given on the following page, we draw the conclusion that the 
richest districts. Piedmont, Liguria, Lombardy, and Tuscany, 
have a proportion of crimes against property less than the 
average of the kingdom; the same is true of the districts 
which in wealth come nearest the average, Venice and a 
Emilia. The poorest regions, Sardinia, Sicily, and Naplci 
have a high criminality; but Umbria and the Marches, vidA 
are also poor, show a very low figure for crime. Thefts a 
very rare in Tuscany, Lombardy, Emilia, Piedmont, 
Liguria, which are the richest districts, and also in one of t 
poorest, the Marches. In Sicily they are moderately numerouSi  
and in Venice a little more so, a fact to be explained by tbe 

' De Foville, "La Prance Economique," 1870. 

• PanlAleoiu, "Delle It™ona d 'Italia in Ordine alle loro RJccheue ed 
a) loro CaricoTributario" rtjiomale de^li Econoiniati, 1891); Id., "L'fi»- 



§561 



INFLUENCE OF ECONOMIC CONDITION 



123 



intense misety of the agricultural population of the latter dis- 
trict. The richest district, Latium, and the poorest, Sardinia, 
have the greatest number of thefts; so that here there is no 
evident parallelism with wealth. Bodio observes that in the 
case of Latium it is necessary to take account of the disturbing 
influence of the capital upon both crime and wealth. The in- 
heritance taxes are in this case an unreliable measure of the 
wealth of the locality, since there is capital concentrated here 
which belongs to other districts. Besides this, there is at Rome, 
on account of special conditions of rural property and the sys- 
tem of cultivation in use, a very limited number of persons 
who have immense properties, a fact which has a disproportion- 
ate effect upon the inheritance taxes. The smallest number 
of frauds is found in Umbria and the Marches; then come 
Tuscany, Emilia, Venice, Piedmont, Liguria, and Lombardy, 
which are the richer districts. The district of Naples furnishes 
fewer frauds by a great deal than it would seem it should 
because of its comparative poverty. 

Indictmentb. (Ayebaob to 100,000 Popuiatign, 1887-80) 



Utium . 
HedmoiDt 



Lombardy 
ToKtoy 



I 




Scihr . . 

Uttcbes) 
Umhria ] 



Averafle 
Wealth 


Thefts 


Frauds 


Highway 
robberies 


Homicides 


8333 


639 


116 


18 


25 


2746 


267 


44 


7 


7 


2400 


227 


44 


3 


8 


2164 


211 


84 


6 


7 


1085 


889 


48 


8 


4 


1870 


320 


40 


7 


13 


1762 


250 


88 


6 


6 


1471 


846 


65 


16 


26 


1888 


485 


47 


6 


21 


1227 




88 


8 


10 


• • • • 


670 


118 


14 


20 



Assaults 



513 

164 

124 
165 
98 
287 
130 
410 
531 

239 

277 






The Tnifiimiiin number of highway robberies is shown by 
Venice and Lombardy (rich) and by Umbria and the Marches 
(poor); the medium number by Tuscany, Emilia, Naples, 



124 CRIME: ITS CAUSES AND REMEDIES [§§ 57, 58 

Piedmont, and Liguria. Sardinia and Sicily, which are poor, 
are joined with the wealthy district of Latium in giving the 
maximum. The great contradictions are very apparent. 

§ 57. Lsck of EroploTineDt 
One would be tempted to believe at once that imemploy- 
ment must exercise a perceptible influence upon criminality. 
It is, however, of little importance. In New South Wales' 
the effect of periods of idleness upon the workmen is almost 
nothing. Wright * maintains that at the time of industrial 
depressions all crimes are increased, but he presents no proof. 
When he says that of 220 convicts in Massachusetts, 147 were 
without regular work, and that 68% of criminals have no occu- 
pation, he only bears witness that criminals do not like to 
work, a fact that is very well known. In the United States 
88% of the murderers about whom the facts were ascertain- 
able were occupied when they committed their crime, and only 
18% were without work.' It seems, then, that unemployment 
is not a cause of crimes of violence.^ The fact that the majority 
of criminals have almost never a settled trade does not contra- 
dict this. They never had an occupation and never wanted 
to have one, while the real unemployed are those who have 
had work and lost it through circumstances beyond th^ con- 
trol, or practically so, allowing for strikes. 

5 58. Days of Work 

A surer criterion for this question is to be found in the 

number of days' wages equivalent to the annual prire ol 

food for one individual. {See Table.") This approach^ 

 Coghlan, on. eit. 

' Wright, "The Relations of Economic Conditions to the Cause* « 
Crime," PhJadelphia, 1891. 

' Bosco, "L'Omicidio neRii Stati Unili d'America," 1895. 

' Compare Fomaaari di Verce. op. cil., chaps. 32-33, 44-48. 

' The comparisons of criminality on the different nations set forth in 

this table must be received with some caution because of the diSenol 

moral and legislative conditions in the different countries — a thing to be 

especially noted, as Bodio observes, with reference to sexual ' ' 

' omicides I 

lenza nel 1 . . . , . 

except thai EogUo 



•,81 



INFLUENCE OF ECONOMIC CONDITION 



125 



I 



8 



I 



s 



•g 



I 



40 



« 



tS 



111 

Hi 



s^sss s ss 

• • • • • • • ^» 

8SSSS S SS 



on n n iM 



•« ^ "S 

1 



I 



S3S S oSSSSo 



I 



Kn 



JSl 



6 SS£:ti98S|^ 
S 9 8 S 3 S g 

FN ^ FN « 



« « 



j 



'ill 



^1* 

H< Pm <! 



!? 5? 8 

O O ^ 

111' 

11' 



^ 8 9 3 S 

• • • • • 

F-4 ^ 01 oo 0» 



< CO IM 



S « 9 S 8 S 



1 

1 



I 



.11 



§1 

|CQ 

1 






LPT 



§•. 




ii 



•goa 



•8 



ill 



y 



.9 



126 CRIME: ITS CAUSES AND REMEDIES [§59 

closely to the study whicli we have already made of the cost 
of subabtenee. 

We see here (1) that excess of labor in connection with a 
minimum wage, that is to say, with a lack of proper nourish- 
ment, has a certain correspondence with homicide. In fact, 
Scotland, England, and Ireland, which have the minimum 
number of days' work, have also the minimum of homicides, 
0.51, 0.56, 1.05; and Spain and Italy, which have the maximum, 
have the maximum of homicides, 8.25, 9.53. (2) Further, 
there is a certain correspondence in the case of assaults. Eng- 
land, Ireland, and Scotland, which have the minimum necessary 
days of work, 127, have also the minimum number of assaults, 
2.67, 6.21, 11.59; Austria and Italy have a maximum number 
of days of work, 152 and 163, with the maximum of assaults 
likewise, 155, 230. But there is at the same time an exception 
in the case of Spain, which has a small number of assaults, with 
a large Dumber of days, and also in the case of Belgium, whidi 
shows a large number of assaults, 175.34. with only 136 days 
of work, a fact certainly to be traced to the influence of alcohol- 
ism. (3) The influence is reversed in the case of sexual offences. 
Of these one frequently observes the lower numbers where 
the number of days' work required is highest. Thus Spain, 
where 154 days are recjuired, has but 1.03 sexual crimes; while 
Belgium, which has nest to the smallest number of days (rf 
work, 130, has next to the highest number of these offenses. 
The United Kingdom, however, which shows the "ijniniiim 
number of days, has the second lowest number of sexual crimea, 
(4) The number of thefts is apparently in no way affected, 
for we see all degrees of this crime in countries with both high 
and low figures as to days of work, as in Spain, Belgium, France 
Italy, etc. 

S 50. Savings Bonks 

I have thought that the number of the depositors in the sav- 
ings banks would give more reliable data for the real wealth of 
a country, because this would give the measure of the principal 
source of wealth, — foresight and economy, — and hence meas- 
ure how prevalent among the people are the forces that inliibit 



§ 59] INFLUENCE OF ECONOMIC CONDITION 127 

vice and crime. As a mattor of fact, we have already seen that 
in France weahh is in direct relation to the lower birth-rate, 
which at bottom corresponds to greater foresight and to greater 
inhibitive power. 

According to Co^ilan {(vp. eii.) we find in Europe: 





Persons to eadi 


Crimes to 100,000 inhabitants 




aavin0»-bank 












book 


Homicide 


Theft 


Switseriand .... 


4.5 


16 


114 


Denmark 


6 


18 


114 


Sweden 


7 


18 


• • • 


KagUiMJ 


10 


5.6 


168 


Prussia 


10 


5.7 


246 


France 


12 


18 


108 


Austna 


14 


25 


108 


Italy 


25 


96 


150 



These figures show how homicides decrease as the number of 
bank books increases, while the contrary is true of thefts. In 
Italy, it is true, from the very limited data that we have, we 
see that the greatest number of savings-bank books, while cor- 
responding, as elsewhere, with the smallest number of homicides, 
oorreqwnds also with the smallest number of thefts.^ The aver- 
age of the different crimes in the 20 Italian provinces that have 
the greatest number of savings-bank books (1 to from 3 to 6 
inhabitants), in the 20 with the smallest number (1 to from 15 
to 24), and in the 20 that have a medium number (1 to from 
8 to 13), is as follows: 

Average number of crimes in 20 provinces in which number 
of books is — 





Maximum 


Intermediate 


Minimiim 


Fraudulent crimes . 
Sexual crimes . . . 
Thefts 


57 

11 

182 

10 


45 

12.6 
183 
12.6 


45 
20 

160 
27.4 



^ "Annuario Statistico Italiano/' 1892. 



m *%' i;^HikrvHii»c?>rHLV^»H * :« i:« tJi:-^: 



[§60 



the cam of taatB m ttaiy, «> it b here; 

by the 

of blood, 

rdsticHis are 

of wealtL 

is more in- 

pecufijirity 

with thetjxes 




to evil, 
finda 
EkeFklenno 
with 21. 
by the grng r aphi a J 
pnwtioa of Palenao and X aplesv hy imat aft Jje^bank, and in 
by race, abase of a l m hni, aad p nl itir a l iUHMJiti ons. Hie 
ry is troe of the pooRr piuiiings ia vhidi g e o g ra phka l 
position^ ffimalr. and race cxag^cnte the wBuriMf of poverty; 
for the faigbest figures aie to be Idmid in the aovithem and in- 
sular prcivi]we& In the case of semal crimes also there are 
analogoos esxxf^tioiis aiid explasatiaais. smoe a lu^ number 
are to be found in the licii pnovinoes of Leghorn (M) and Rome 
(^\ wfafle among the poor provinoes a very small number is 
shown by Vicg^cK KniTlia. Mcesiza (4U Befluno and Rovigo 
(5), Udine ^7\ etc Hcrv a|!ain the explanation is evidently 
ethnic and i^ograpfaic. Tbis proves in dii ee U> that the hi^ 
figures shown by the poorer pnovinoes in sottth c m Italy and 
the islands are connected not with eoonomic peculiarities, bot 
with race and cbmate. 

§ 6d. Savings in Piancy 

As TC^rards Prance, by estimating the wealth in the scvwJ 
departments on the ha<ds of the number of saTings4)ank boob 
to 1000 inhabitants, we find that crimes invariably inaesse 
directly as wealth increases. Tims: 



\Q0] 



INFLUENCE OF ECONOMIC CONDITION 



129 



Departments where the degree of wealth is — 





Average number of 




Homicides 


Thefts 


Rapes 


tfinimiini 

kfedium 

tfazimum 


64 
86 
80 


88 

00 

186 


171 

26 

20> 



i MinimiiTn wealth, to 100 books to the 1000 inhabitants (Corsica 20, Ar- 
ldche,97). 
Medium wealth, 100 to 200 books (Lot 101, Loire-et-Cher, 100). 
MaTJmum wealth, 200 to 406 books (Seine 201, Sarthe 406). 
< ^'Annuaiie d'Economie Politique," Paris, 1886. 



The striking difiFerence of the influence of savings in France 
ind in Italy is explained, up to a certain point, in the same 
waj that we have explained the difference that we found be- 
ween the two countries in the influence of density (see Chap- 
ter V); namely, that it is to the richest districts of France, 
Inhere manufacturing is most developed, that the emigrants flow; 
ind these commit, in general, four times as many crimes as the 
French. Now from 1851 to 1886 the number of immigrants 
nto France tripled, and the quality of the immigrants deteri- 
>rated as their numbers increased; for in the beginning it is the 
3etter elements that come in, but later, when the current that 
^rries men from one country to another becomes too strong 
it carries the worst elements with it (Joly). The department of 
Noid has four times more foreigners than Botlches-du-Rh6ne, 
and 19 times more than H^rault; but it has 9 times more natu- 
ralizations than the former, and 75 times more than the latter. 
That is to say, the foreign element in Nord is much more stable 
and assimilable, being largely Belgian, while H^rault is much 
frequented by Spaniards. Immigrants are also drawn into 
France by the low birth-rate and by the frequency of strikes, 
which give them hope of finding work.^ 

In southern Italy climatic and ethnic factors come into col- 



* Joly, "France Criminelle." 



130 CBIME: US CAC5BS ASD BElDEDiES [i61 



fiskm with the fronomir facior. We haTe winmdy seen thit in 
oooseqnenoe of the joint effect of the ^^■■■■'■*' dement in the 
population, and the hot cfimate, all crimes Ji^aaist pencHis» and 
in part those against, property, are ahnonnally' iBcreased. But 
it woold be a great mislafrr to soppoae that these ezplanalxns 
are suflbxnL We have stiD to look for a jgiai e i came. If ve 
compare certain districts of Ita^v, Eke Kedmont and Lombtr^* 
with parts of France that are similar in race and **»»^*a^ le 
diaH see that under neailj identicil conditioiis opposite phe 
nomena occur. In Ita^v the greater savings ooRcspond witfc 
the smaller number of crimes, while in France the oootnzy 
happens. Here we must see the cause in the fact that in France 
the maximum wealth is enonnous|y greater than in Italy, at 
least four times as great, in £acL This is the mcxe important 
since in many places in France this wealth, being too quicklly 
acquired, drives its possessors to the greatest ddMuidiety, so 
that, as Joly wdl puts it, to amuse onesdf and to debandi 0D^ 
self become svnonymous. We find a £icct {Moof of this in the 
fact that in Italy moderate and maximum wealth both lead to 
the same results, just because there is so maiji resemUanoe 
between them; while in France, on the contrary, the maxiinaiB 
degree of wealth differs enormously frmn moderate means, and 
in consequence produces contrary results. In Italy the increase 
of savings is an effect of economy rather than oi positive wealtb, 
while in France, at least in the manufacturing districts, e^ 
dally in Her&ult and Bot^ches-du-Kh5ne, savings accounts aie 
an indication of a wealth so great that it too often degenerattf 
into an occasaon for wild specul&tioii. Hence it is* that we fiol 
all the advantages of wealth in one country, and all the disad- 
vantages in the other. Moderate wealth, slowly accumulate^ 
restrains from crime; inordinate wealth is no longer a rein, but 
a spur and an incentive to crime. 

S 6i« Agricultiue and ^Ta  irf* ■*■ j  f i^^ 

In fact, where manufacturing crowds agriculture hard, tti 
still more where it displaces it entirdy, we see the nnmberifj 
crimes increase immediately. Indeed, if we divide IVanoe (n, 
in the study **Sur la CrimmaHt6 pendant 50 Ans" above) U*, 



Bl] 



INFLUENCE OF ECONOMIC CONDITION 



131 



pricultural, mixed, and manufacturing districts, we see that 
ime nearly always increases as we pass from the first named 
t the last. Of 42 agricultural departments only 11, or 26%, go 
^yond the average number of assassinations in France; while 
le average is exceeded by 10 out of the 26 departments of 
ixed industry, or 38%, and by 7 out of 17 manufacturing 
apartments, or 41%. Rapes upon adults and crimes against 
arsons show similar results. 

Percentage of departments exceeding the average of all 
ranee in: 





Rapes 


Crimes against 
persons 


Agricnltiml Departments (42) . . . 
Mnf4 (M) 


89% 

«2% 


48% 
S9% 


Mannfjurtaring (17) 


69% 



These figures are certainly to be explained by aggregations 
population and the coming in of immigrants. 

"In the department of H6rault," writes Joly, "fraud came in 
innanently with wealth. Never were there more attempts at 
ibery, whether of the local officials or of the highest represent- 
ives of the central administration. ... A case has been cited 
me in which the entire municipal council fraudulently evaded 
e payment of their own taxes. This evil was the greater for 
ling unpunished, the jury having brought in an acquittal. . . . 
'*Was not this general demorauzation produced, or hastened 
id aggravated in any case, by the crisis in wine-growing, which 
IS permitted these people since 1874 to make enormous gains 
ith their wines? As a matter of fact, it was in 1874 that 
&rault passed from the 5th place as regards criminality, up 
i the 61st, and in 1884 it went on to the 81st." ^ 
"From the day," writes Joly again, "when the peasants, 
therto poor, could change their uncultivated land into vine- 
irds, from the day when, thanks to the railroads, their prod- 
;t8 increased enormously in value before their eyes . . . from 
lat day they became greedy. . . . The man who has gambled 
id won in the stock exchange dreams only of stocks and bonds, 
id of cornering the market. Now all wealth gained without 

^ Joly, "La France Criminelle/' p. 112. 



i;^: CRIME: ITS CAUSES AND RFAfEDTFS [{62 

^^vrt rv:j^KiibW a little msooey won by gmmbling, and has the 
vi:xtc c<!^*t u;x»ci the ^linc. * It i» ^ood fortune,* said the com- 
cuvsk'^MHT o£ Cette. 'ihat kk$ raised this coontiy.* ** 

WSr« Ivxnju:^ wus p^xr it '•xs hocest. ""Xo^r those who 
<vtil >idh^v rv>s«ei^*c;:f li&essrser^iSw J2C the wefl-to-do peasants 
v\*c.?"ti;t MOW ^rr.-rie* tiii tie Turaiis" Joiy . In the east in 
tV sxxvfcrcssea: ,:c turrf. xzii in. "lie "wesc rn Calvados, manu- 
•^'«: vTic Jju JkTTCTi.v.irr; x.-** "rifcarviri. izii tiere is little crim- 
'•♦.«> ^\ I"? \'^: :S; -iJA^i-ij:!-:? i-r^ rj  n - r^T-^y the ground 



TVx* .viTT^'^i.v^x" ▼Tt: «-'^'"" "rniz  — 't ?;i-'^- j- J* always 
*t ,"»?Vx» .-» X- v^c' I**''? T^'C ."voisiiiSTC 'Jiif - rjr— ^ ade of the 
^viv^ v-i?. *.n; .x*s«**\'«c "I2V ns&K^ » Ji- •• znn^ 2? lie tStd of 
'•"'^* *. li*»T*\H*' jcvu.'*?^ T??a^t:2. TTiisr -s ii:c Ttbai^ced by a 

K»--Ti^';-. *^. x^ :r.»»T n-*:r»*ii. >.rv^iLr-" as<: i«ier aa£ :£ 'vealth, 
.^», *.^*^''.^■■i^ «» :t: "i-.rvstnt-r.zj^ r-nirrarTHr rc a rvccue* 25 20od 
^Y \i^.. i-^A,"!* •.; -r-'it- T ■T.rr am -fscwsiilT" 2? li? latter 

'■ ■' --• ■■'.■■ -vj: ^->-i':: > r. T . -r^^;. r. -v i t^niz* 1: crisje. 



^ 



"■ <-~- r-.Sf T--V ^^■s^r— ^*^ gTfc* ^yyw 






?«3] 



INFLUENCE OF ECONOMIC CONDITION 



133 



decree of wealth ($178), has nearly twice the criminality, 0.20, 
almost the same as the District of Columbia, O.Sl, which has a 
moderate degree of wealth ($112), as has also Wyoming, which, 
however, shows nearly twice the criminality, 0.35. Some poor 
states hke Dakota ($30 per capita), Alabama (819), and New 
Mexico ($19), give the lowest criminal statistics, from 0.04 to 
0.03; but here we encounter a contradiction, for Delaware, 
with a criminality figure of only 0.05, ha-s a moderate amount 
of wealth ($82). We have seen above how in France and Italy 
criminality in general increases, only changing its character; 
we have seen that Artena furnishes the maximum of crime for 
ItaJy, and yet that there no one, according to Sighele, b really 
poor, all being small land-holders, etc. This does not prevent 
the fact that, when a state of barbarism prevaOs, as in Corsica, 
crimes against persons increase, as simple thefts do, in the years 
and in the districts in which there is extreme poverty. 






i 63. ExpUiutioii ' 

Sie cause of all this is only too clear. On the one side pov- 
y and the lock of absolute necessities impel toward the theft 
of indispensable things for the satisfaction of the individual's 
own needs.' This is the first cord binding poverty and assaults 
upon property. On the other hand, poverty makes men im- 
pulfflve through the cortical irritation following the abuse of 
wine and alcohol, that terrible poison to which so many of the 
poor resort to still the pangs of hunger. Account must be taken 
also of the degeneration produced by scurvy, scrofula, anemia, 
and alcoholism in the parents, which often transforms itself 
into epilepsy and moral insanity. Poverty also drives men to 
commit brutal eliminations of individuals who are an unwelcome 
burden upon the family, recalling the parricides and infanti- 
cides committed by savages under similar circumstances. Pov- 
erty is indirectly a cause of sexual crimes, on account of the 
difficidty which the poor have of obtaining satisfaction through 
prostitution; on account of precocious promiscuity in factories 
and mines; and also because of the frequency of infantilism or 
> MajT, "Die GeBCtzmfiadgkeit in GeaeUBChaftiebeD," MQnchen, 1877; 




1 



134 CRIME: ITS CAUSES AND REMEDIES [§6 

femimsm among the boys.' On the other hand, when b slight 
temptation toward evil ia presented to an individual in com- 
fortable circumstances, he is rendered physically and morally 
stronger by sufficient nutrition and a sounder moral training, 
and is less pressed by need, so that while he feels the impulsion 
to do evil, he can more easily resist it. 

But wealth, in its turn, is a source of degeneration from other 
causes, such as syphilis, exhaustion, etc. It drives men to 
crime through vanity, in order to surpass others, and from a 
fatal ambition to cut a figure in the world, which, as we have 
seen, is one of the greatest causes of crimes against property. 
Also, as Fomasari has very truly remarked, where wealth is 
absolutely the greatest it is always accimiulated in the hands 
of a few, BO that at the same time there is always great poverty, 
more keenly felt because of the contrast. This favors the ten- 
dency toward crime on the one hand, and on the other furnishes 
better opportunities for it. Besides, it should be noted ' that 
where wealth is least, the crowding in of population is least, 
especially of dangerous individuals, who gather in the richer 
districts to carry on their criminal practices more easily, as, for 
example, in France, at Cette. 

U it is true, on the other hand, that urgent need f]rives the 
poor to wrongdoing, it is only to a very limited number of 
crimes, although these are the more violent ones; while ths 
artificial wants of the rich, although less urgent, are more nu- 
merous, and the kinds of crime among them are infinitely more 
numerous also, as well as the means of escaping punishment, 
encouraged by the example of persons high in politics. Thus 
we see, in Italy, ministers guilty of crimes against the public 
who remain in power, in spite of the discovery of their crime, 
and even use it as a means of fortifying their positioo. It is 
only in France and England that the people refuse to be gov- 
erned by criminals. 

As for sexual and alcoholic crimes, the first satisfaction made 
possible by wealth never sufficiently appeases the blaa^ hot 

' See my "Homme CrimincI," Vol. I. 

* See Ferri, "Dei Soatitutivi Penaii," in Arch, dj Pnch., I, p. 88 ; "SftrfS 
sulla Criminality in Fraacia," ia "Anoalidi Stati," e. 2a, v. XXI, p. 183; 
FoTQasari, op. cii. 



INFLUENCE OF ECONOMIC CONDITION 



135 



drives tliem on to seek new excitements, such as rapes upon 
children,' sodomy, the misuse of morphine, cocaine, etc. Too 
great wealth, then, instead of being a preventive, is often a 
spur to new crimes. 

"There arc many," says Joly, "who have nothing and want 
nothing, and many who have too much and are always ambitious 
to possess more; and besides, just as in war killmg en masse 
and at long range seems remote from the idea of homicide, so, 
in great cities, to ruin at a distance by fraud or bankruptcy 
an enormous number of people, does not seem really a crime, 
even to many timid people," 

The bom criminal finds, on the whole, more opportunities 
for crime in wealth than in poverty, but the case is still worse 
with the occasional crirainat,^ It is only necessary to study the 
physiognomy of Baihaut, De Z , Tanlongo, etc., to be con- 
vinced that these were not congenital criminals, and, without 
politics, would never have become criminab. 

{ 64. The Piepooderance of Poor Criminala 
But why, some one may object, are those convicted almost 
always poor? We see, for example, in the "Statistica Penale" 
for 1880, that 100 Italians indicted, of whom it was possible to 
know the economic condition, were divided as follows in the 
years given: 





1887 


1888 


1889 




SOSi 

u.s* 
a. 13 


57M 
30.77 
1.80 


06.00 


Fkirly camforUble 

Well-to-do or rich 


10.13 
1.74 



' See above. While educated pcraons furnitih 5% to 6% of all ci 



a twenty belongmg t« the libeml profesmuuo, 
ia these crimes there is one in eight (StarEenburn, "Das BexucDc Elend 
der Gebildetcn," 1895). 

' Criminel par ocaxsion (elsewhere •Toccagion.). Lomhroso usee this ex- 
pnonon usually to indicate one nho is a criminal by force of external cir- 
cumalaaccs, as distinct from the bom criminal ; but nc aometimcs employs 
(t for the nun of one crime as distuiguished from the habitual crimiaaL 
— Taurat. 



136 



CRIME: ITS CAUSES AND REMEDIES 



These figures agree with those published by Guillaume, Stei 
aad Marro,' iQ showing us an enormous disproportion of crii 
among the poor. 

But before we let ourselves be led away by these figures, 
which appear to be flatly contrary to our conclusions as to the 
evil effect of wealth, it is necessary to remember that the con- 
viction of rich men is very rare, and that, when they violate 
the laws, as Marro very truly says, they are not put into prtsoD 
so easily as the poor. The rich man has in his favor the influ- 
ence of his fortune, his family, his social relations, and his 
intelligence. This is often enough to save him from prison, 
and always gives him able defenders. In the private asylums, 
which are used only by the rich, the morally insane are very 
numerous, though there are but tew in the public asylums and 
the prisons; which means that wealth helps to clear up the 
pathology of the bom criminal, while poverty obscures il. 
Further, in the contest between classes, the courts are used as 
a means of dominating the poor, who are already, a priori, con- 
victed as such. The upper classes are accustomed to say, 
" Poor as a thief," and, alas! what is worse, to turn the proverb 
around. 

"If," as Colajanni says, "some of the delinquencies of the 
poor remain concealed, whether because the moral sense iJ 
deficient among them and for this reason no information ii 
laid, as in the case of sexual crimes, or because the offenses take 
place under such conditions that they are not discovered, as iD 
the case of field thefts, does it always happen that all the crim« 
of the rich come to light? Is there an army corps set aside to 
discover the crimes of the rich, as there is for the offences com- 
mitted in the fields and forests?" 



And have there not been cases of parliamentary and politinl 
immunity, flagrant or secret, — a kind of right of asylum. 
enormously extended to take in all delinquents having political 
power, ministers, deputies, great electors, journalists? A gresl 

' Guillaume, "fitat de la Queation des Priflons en SuMe": SteveiLS 
"Les Priaona CellulMre en Belgique"; Marro, "I Caratteri dei Delif 

Quenti," Turin, 1S87. 



k. 



§ 64] INFLUENCE OF ECONOMIC CONDITION 137 

poet has told us that rags allow crime to be seen at once through 
their rents, while gold conceals and defends it.^ 

To sum up: the economic factor has a great influence upon 
crime, not, however, that poverty is the principal cause of it, 
for excessive wealth, or money too quickly acquired, plays a 
large part as well; and poverty and wealth are frequently 
neutralized by the effect of race and climate. 

i ''Through tatter'd clothes small vices do appear; 

Robes and furred gowns hide all. Plate sin with gold, 
And the strong lanoe of justice hurtless breaks; 
Arm it in rags, a pigmy's straw does pierce it." 

(Shakespbabb, "King Lear," Act iv, Sc. vi.) 



CHAPTER X 



S65. 



THE influence of religion also is complex, even more so titan 
that of civilization or wealth. We have seen that there 
are criminals who are very religious (especially in the coimtiy, 
and in relatively uncivilized localities), and also criminals who 
are irreligious, even athebtic.'l We have seen that among church- 
goers, criminals and honest men are almost equally numerous,' 
and often the criminals are in the majority* Of 700 criminals 
examined by Fern 1 alone was an atheist, 1 was indifferent, 
and 7 were devout and even found in religion an excuse for their 
crime. One ot these said, " It is God who gives us the instinct to 
steal"; another, "Crimes are not sins, for the priests also com- 
mit them"; and still another, "I have siimed, it is true, but the 
priest pardoned me at confession." The greater number were 
as careless of punishment in the hereafter as they were of human 
punishment. Thus a murderer, when Ferri asked him whetha 
he did not fear the wrath of God, answered, " But God has ne\*er 
punished me yet." "But you will go to bcU." "Oh, I may 
go, and I may not." And a tliird: "We shall see whether we 
shall be punished, when we are dead." 

If we rely upon the somewhat limited statistics avaOable in 
this matter, we shall find that there are fewer criminals where 
atheists abound, than where, under equal conditions, eithet 
Cathohes or Protestajits dominate. This fact may proceed 
from their greater degree of education, the more so as in Europe 

• See my "Homme Criminel," Vol. I. 

 MBJdme Du Camp, while examimng 33 convicta during man Dot?1 
tiiBt 3 were reading the maas, 1 aat with head covered and eyea fiiied upon 
the altar, 1 knelt, 1 pretended to be reading the mase but really read t^'' 
"Magaain Pittoreeque," 1 waa weeping, while 26 sat at table reading m 
working. 

* See my "Honuno Criminel," Vol. I. 



§ 65] REUGION 139 

athebts are especially numerous among the more highly edu- 
cated. A cert rnp -amoupt of eaergy Is Decessary to separate 
OQCself in religious feeling from the general and coaveatkrtMJ- 
modraof tbouglit. The same power of inhibition which enables 
one to resist the imitative instinct makes it possible also to re- 
sist the impulse toward crime. 

Joly, who nevertheless insists upon the ennobling influence 
of the external practices of religion, cites Normandy as an ex- 
ample of a district where the respect for ritual religion is very 
great, and yet at the same time there is a high degree of crim- 
inality. This is expressed in a proverb which he quotes as being 
in use among the inhabitants of Lozere: "Lozerian, rosary in 
one hand and knife in the other." He further illustrates his 
[>oint by the following occurrence, which happened in Arddche: 
Two groups of men had fallen into a quarrel at the market, and 
they had already raised their great iron-shod sticks when sud- 
denly the Angelus sounded. The two hostile parties immediately 
lowered their clubs, uncovered, made the sign of the cross, and 
recited the Angelus. . . . But the prayer finished, they seized 
their weapons again, and the fight began anew, Joly observes 
that althougl) in France the girls are more carefully instructed 
in religion than the boys, nevertheless the number of female 
juvenile offenders has not diminbhcd; and if, on the whole, 
there is a decrease in juvenile crime, this is among the boys. Re- 
clus ' writes that there is a chapel at Treynier where they go to 
invoke the "Madonna of Hatred" to procure the death of some 
detested person. In speaking of Sicily the advocate Loeatelli 
says; 

"It is impossible to conceive the corrupting infiuence which 
must have been exercised upon the poorer classes by these 
thousands of priests, possessed of wealth and influence, idle, 
but endowed with the spirit and sensuality of all southern 
people. For them seduction, adultery, and incest itself were 
pardonable sins. The murderer who revealed his crime and 
excused himself on the ground that he had been provoked or 
injured, or even merely that he was in great poverty, was not 
only absolved, but also released from the necessity of satisfying 



"Geograptue Univcrselle," 11, 618. 





140 



CRIME: ITS CAUSES AND REMEDIES 



IS 6 



I 



the secular court, even where an innocent man had been arrested 
in his place. The witness who hid the truth from the judge 
in order to escape danger, or to avoid compromising a neighbor, 
was equally certain of reconciliation with God through the 
mediation of the confessor. The rich man, who secluded his 
own women with a truly Turkish jealousy, was treated with 
consideration if he attempted the honor of a daughter of the 
people. From smaller transgressions, such as forgery, a man 
could purge his conscience by paying the Church 3i francs and 
80 centimes." 



4 



It is still only a few centuries since the great vicars-general 
the richest cities granted permission to commit adultery for 
whole year. In other cities the right to commit fornication with 
impunity for a lifetime could be obtained by the payment of a 
quarter cask of wine to the bishop's officer, who drew this privi- 
lege from the canon De Diledissimis, in the decretals of the 
pope. One man even had the audacity to present to Pope 
Sixtus IV a petition for permission to commit this sin during 
the dog-^ays. In our own time there was a papal bull in force 
in Palermo until annulled in 1868, by which there was granted 
dispensation from the necessity of repaying unlawfully acquired 
money, by whatever crime obtained, upon payment of certain 
sums to the Church.' Dupin de Saint-Andre republished in 
1879 "Les Taxes de la Penitencerie Apostolique," ' in which 
crimes are taxed according to tariffs established by Pope John 
XII and Pope Leo X. Thus, a layman who had killed a 
priest was absolved upon payment of 7 gros, and only 5 if be 
had killed another layman. 



"If an ecclesiastic committed fornication with a nun, whether 
in or out of the monastery, or with one of his cousins or god- 
daughters, he was absolved only upon payment of 67 francs, 11 
sous. If the act was against nature, 219 francs and 14 sous. 
A nun who had committed fornication with a number of men, 
whether in or out of the convent, 131 francs. 14 sous. Adultery 
was absolved for 87 francs and 3 sous, A layman might he 
absolved for adultery, however, for only 4 francs; but for adul- 

' Quoted in full in the eccond edition of my "Incremento del Delitto in 
Italia," 1879, Turin. 

> Publiahed by Tousamn Denia in 1520 and in Rome in 1741. 




§ 65] RELIGION 141 

tery and incest, for 10 francs. Under John XII incest with 
sisters or mother cost 40 sous." ^ 

Who does not know the maxims of the Jesuits of the last cen- 
tury? LacroiXy for example, says: '"Although the natural law 
forbids lying and murder, under certain circumstances they are 
permitted." So Buzenbraun declares: "An extremely poor 
man may take what he needs, and may even kill anyone who 
tries to prevent him from taking what is necessary." In the 
same way Maiorca authorized regicide; and P^re Longuet says: 
^' A man does not sin against justice, and is not obliged to return 
the money that has been given him for killing or wounding " 
(op. eU.). 

However, one thing seems dear to me, namely, that the 
ounger religiop^ jEtfe, thejg^gater is their moral power, because 
the letter has not yet enax>a^ed upon the spirit, because the 
enthusiasm for new ideas occupies the mind and draws it away 
from crime, and, finally, because, whatever be its origin, the 
organism is then more free from symbols and formulas that 
dog its activity. This fact has been observed with us with 
r^ard to Savonarola and the Vaudois, and may still be noticed 
among the negroes in the United States, who, when they are 
converted to Methodism, renounce their idleness and practice of 
infanticide, so that in the districts where conversions abound the 
population increases noticeably. And it is a curious phenome- 
non that even the new religious sects created by pure paranoiacs, 
like the Lazarettists in Italy and the Quakers in England, 
brought about an inmiediate diminution in crime. Even the 
Skopzi, who castrate one another as a part of their religion, are 
renowned for their honesty. In northern Russia the Bialoriztzi * 
do not drink alcohol nor smoke : they wear white clothing woven 
by their own hands, and lead a virtuous life. The same is true 
of the Soutasevtzy, who reject priests, images, and military 
service, and as a consequence often su£Fer martyrdom. The 
"'Soils of God" believe that each one is his own god, and that it 
is suffident to address prayers to any neighbor. They unite 

1 l^nonio PoUdoro, "Delia Invenzione delle Cose" ; Bianohi-Giovini, 
rStoria dd Papi," Vol. XXI, 1864. 
s ''Revue des Revues," Oct. 15, 1895. 



142 CRIME; ITS CAUSES AND REMEDIES [§6 



>/ 



rm wild dances in honor of God, continuing until they fall ex- 
hausted to the floor. And with ali this they are very honest 
, The Veriginski or TolstoTans drink only tea, and allow them- 
jT selves to be maltreated without resistance, saying nothing 
more than "God help me," until their persecutor falls down 
in admiration at their feet. These new sects are veritable epi- 
demics of virtue and saintliness. 

It is a strange fact that the South-Russian sects, which are 
known for their sanguinary character (doubtless the effect of 
the hot climate, which, as we know, produces an inclination to 
homicide), nevertheless inspire a high morality. Thus the 
Doukobors kill all the children abnormal in body or mind, out of 
respect for the divine spirit that ought to dwell in them. One of 
their chiefs, Kapoustine, had all traitors to the dogmas of the 
sect buried alive, and in an action that was brought against luBi 
it was found that he had committed twenty-one religious bonu- 
cides. All this appears to us more than criminal. Yet this sect 
is opposed to war, and preaches that the Czar reigns only over 
rogues and criminals, while honest men, the true Doukobon^ 
have nothing to do with his laws or hia authority. It is from 
thb sect that the Molokani arose, drinkers of milk, enemies f& 
priests, ornaments, and useless ceremonies. All educated and 
very honest, these people help one another, have no poor, and. 
to whatever place they are deported, turn the most inhospitable 
locality into a garden. The Mormons of America, also, were 
famous for their industry and probity. 

On the whole, the contradiction of the influence of reli^oa, 
now great and now totally lacking, disappears when one grasp) 
the significance of the facts. Rehgion is useful when it is baaed 
absolutely upon morals and abandons all rites and formularies. 
This is a condition that can be realized only in the new religions: 
because while all in the beginning are moral, afterwards, littfc 
by Uttle, they become crystallized, and ritual practices submerge 
the moral principle, which is less easily conceived and retained by 
the crowd. All members of new sects are men of one idea, wluci 
protects them, like a vaccine, against ignoble passions. It ii 
for similar reasons that certain Protestant cit jes which have a 
more ardent religious fervor, like G gneva and London, are tlie 



§ 65] RELIGION 143 

only ones where crime is decreasing, notwithstandirig the prog- 
ress of civilization and the dense population (London alone 
having more people than an entire Italian province). Here it is 
not inhibition.. that-comes into play, but a great religious pas- 
sjoB,— which neutralizes ignoble instincts, and combats vices 
and immoral tendencies with such vigor that it ends by 
conquering them, 

"In England religion recruits thousands of fanatics, who, 
mider the most diverse names and theories, work themselves 
into a fever over saving men's souls. They extend their ac- 
tivity over an immense field, organizing services, preachings, 
processions, pious works, etc. 

"In the Latin countries, on the other hand, where the Cath- 
olic Chiu'cb extends its domination, rehgion can only rarely 
be a preservative from vice; and this not so much because of 
the irrehgion or scepticism of the people {a smaller factor than 
is generally beheved, even in the country of Voltaire), but 
bet^use of the very organization of the Chureh itself. The 
Catholic Church is a great disciplinary institution; it is almost 
an army, founded on obedience and subordination, in which 
each man has his place and prescribed course of action, laid down 
by immutable laws. Active, fanatical natures, like Dr. Bar- 
nardo, who are naturally independent and inclined to revolt, 
find themselves ill at ease in the Church, except in missions, 
which is the only department that grants individual autonomy. 
On the other hand they find themselves much at home in the 
Protestant sects, which are as free and autonomous as little 
dans or barbarous tribes, as is the case with the Baptbts, for 
example, or the Salvation Army.' 

"Further, fanaticism finds in the Germanic nations, and 
especially in England, a great field for its development In phi- 
lanthropy, something which is almost always lacking in Latin 



"London is the principal city of these f ^atics of philanthropy . 
Here are men and women of all clas.ses anJ social positions, rich 
and poor, educated or ignorant, sane or mad, who have taken 
it mto their heads to cure the diseases of society or to extirpate 
some special form of misfortune or sorrow. One has taken to 
heart the cruelties practiced upon children by their parents; 
another is concerned for blind old men; a third is concerned 
for the insane maltreated in the asylums; a fourth Is interested 
in liberated convicts. And all work without ceasing, publbh 



Ferrero, in the "Bifornia Sociale," 





144 



CRIME; ITS CAUSES AND REMEDIES 



(§65 



journals, organize societies, make speeches, and somelimes 
succeed in bringing about great social epidemics and move- 
ments of popular opinion intense enough to result in some im- 
portant humanitarian reform. This kind of activity may be 
an excellent substitute for political fanaticism, which results 
in dynamite outrages. 

" But in the Latm countries such agitations would come to 
nothing. The tradition of the administration of charity by the 
public authorities or by the church is so deeply rooted that no 
one want^ to concern himself personally with social miseries. 
If children are often maltreated in the great cities and the 
papers protest vigorously and stir up public opinion a little, 
public opinion will simply demand the enactment of a law by 
the state and then rest content, 4hough the law will never be 
enforced. J No one would think of founding private societies, 
such as they have in England, which watch cruel parents and 
at times come and snatch their little victims out of thor 
hands," 

This is natural. In the religions which have survived tor 
many centuries the moral element disappears, because it con- 
forms less to the sentiment of the masses, while only the cere- 
monial remains and superabounds. Of seventy-three principal 
articles of the Order of St. Benedict, only nine pertain to morali. 
In the Order of St. Columbanus one year of penance is decreed 
for anyone who loses a piece of the host (sacred bread), and sir 
months for one who lets two pieces be eaten at once. 

Theonly religions, then, which can prevent crime are those that 
are fanatical, passionately moral, or just arising. The others 
are no more effective than atheism, and perhaps less so. 



CHAPTEE XI 

EDUCATION ^- IlaLBGinMATE CHILDBEN — ORPHANS 

(66. megitiiiiate Chfldren 

THE influence of education upon crime is shown indirectly 
by the continually increasing proportion of criminals of 
illegitimate birth in the most civilized countries. In Prussia 
the ill^timate delinquents, who constitute S% of the whole in 
1859, rose by 1873 to 6%, and the women from 6% to 8%. In 
France, of the 800 minors arrested in 1864, 60% were orphaned 
or illegitimate, and 38% were the sons of prostitutes or delin- 
quents. In Austria in 1873 10% of all the male criminals were 
{Ultimate, and 21% of all the female.^ In Hamburg 30% ^f 
the prostitutes were illegitimate (Hugel), and in Paris a fifth^f 
the Parisian bom prostitute and an eighth of the country 
women.' In the prisons of Wtirtemberg in 1884-85 14.3% of 
the inmates were illegitimate; in-1885-86, 16.7%; "m 1886- 
87, 15.3%; while the illegitimate individuals^ the non-criminal 
population rose to 8.76%. Sichert ' found among 31^1 whom 
he examined in these same prisons, 27% of illegitimate crimi- 
nals, or nearly double the other figures. These were divided 
as follows: 

Percentage of illegitiiiiacy 

Thieves 82.4 

Pk^pocketfl 82.1 

Sexual criminalB 21.0 

Perjurers 18.0 

Incendiaries 12.9 

Of the habitual criminals he found 30.6% illegitimate, and 
17.5%, a little more than half as many, of the accidental crimi- 
nals. He found also the following: 

^ Oettingen. op. cU. 

» "Parent-du-ChAtelet," op. cU. 

» Liszt, "Archiv. f. Strafrecht," 1890 



ITS CAUSES AND REMEDIES [§66 

Arerae to woik Beggsn Vagrants 

.0% 3t% *a% 

.3% 39% M% 



la Italy the statistics of the prisoca show 3% to 5% among 
male minors, and 7% to 9% among the females.' We may add 
that 36% of the recidivists in Italy are either natural children 
or foundUngs. To comprehend the greater importance of these 
figures it is necessary to recall that a great proportion of all 
ille^timate children — at least 60%, and often 80% * — die in 
the first eighteen months or two years. Marbeau can then say 
without exaggeration that of four foundlings three die before 
they are twelve years old, and the fourth is doomed to a life 
of crime. To get at the significance of these figurea more exactly 
I have made researches with regard to 3787 entries, nearly all 
adults, in the asylums of Imola (Dr. Lolli). of Padua (Pnrf. 
Tebaldi), and of Pavia, and also with regard to 1059 entries in 
the city hospital of Pavia in 1871, and I found that there were 
1 .5% of foundlings in the asylums and 2.7% in the city hospital; 
and nevertheless the mortality is leas among the illegitimate in 
Pavia than in many other places.' Age and conditions being 
equal, foundlings furnish 20 times more delinquents than insane 
persons. We may affirm, then, with the greatest certmnty, that 
the greater part of the foundlings that escape deatli abandon 
themselves to crime. Doubtless heredity enters largely into this 
result. Most of these children are the fruit of sin; they have do 
name to uphold, no rein to stop them when spurred by passion, 
no mother who, by her assiduous care, affection, and sacrifices, 
mds in developing noble instincts and suppressing tendencies 
to evil; they find an honest living hard to get and are inevi- 
tably drawn toward evil. If they have no per\-erse tendencies 
they acquire them by imitation. On the other hand, philaih 

' "SUtiatica delle Careen," Rome, 1873, CXXVIII. 

> Of 1000 toundlinra in Bordeaux in the couree of 10 years 729 (Bed 
In 94 years 367,988 infanta entered the foundling aaylum, of whom 38S,KI 
died io infancy, that is to say, 79%. (Aogel, "Vortrag, Qb. MortAl der 
Kinder," 1865.) 

• 25% b the year after entrance. 



J 



§ 67] EDUCATION 147 

thropic institutioiiSy like orphan and foundling asylums, have 
also an evil influence, for, as we have seen, a multiplicity of con- 
tacts always fosters criminality. 



S67. Orphans 

That abandonment and the lack of education play a great 
part in producing criminality is demonstrated by the great num- 
ber of orphans and step-children found in the prisons. In Italy 
among the juvenile delinquents in 1871-72 there were from 8% 
to 13% of step-children. Brace tells that in New York 1542 
orphans and 504 step-children were arrested for various offenses. 
He adds that 55% of the criminals in the penitentiaries were 
without father and mother; and 60% of the children arrested 
had lost one parent, or their parents were separated. According 
to Marbeau, of 100 juvenile prisoners 15 had been abandoned 
by their mothers. In Italy during ten years we had an average 
of 83% to 35% of orphans among the delinquents; out of 580 
insane adults in my clinic orphans furnished 47%, and the 
number of orphans reached 78% among the 1059 entering the 
hospital of Pavia. But it is certainly a still more important 
fact that we find an average of 18% to 20% of orphans among 
the juvenile criminals, for the proportion of orphans in the gen- 
eral population is lower than this. The same is true of half- 
orphans, who furnish 18% of the general juvenile population, but 
23% to 30% of the juvenile delinquents. The Italian statistics 
show 26% of the delinquents to be fatherless and 23% to be 
motherless, while among the insane 51% have lost their fathers 
and 10% their mothers. 

It is certain, on the other hand, that the female sex predomi- 
nates among orphans who are criminals, and even more so in the 
case of foundlings. This is true even leaving out of account 
prostitution, which is a sort of minor criminality. So Oettingen 
arrives at the strange result, that while for each five male delin- 
quents there is one female, in the case of foundlings there are 
three females to one male. This is, however, quite natural, for 
a woman being weaker and more passionate than a man, has 



148 



CRIME: ITS CAUSES AND REMEDIES 



t aod T< 



t of the family to keep het 



more need of the support a 

in the right way, from which she is more easily turned t 
man, on account of the slippery path of prostitution that is 
always open to her. Here the hereditary influence Is very power- 
ful, and women who have sprung from a sexual transgresdon 
are easily led into the same error, and from this to graver 
offenses. 

The great number of foundlings among dehnquents explaiiu 
also the predominance of juvenile delinquents in the urban pop- 
ulation (Cardon), and gives us the measure of the harm done by 
detective education and by abandonment. 



S 68. Vicious Pareatage — Education 

It is entirely natural that evil education should have a still 
more deplorably criminal effect than even abandonment. We 
may recall here the large proportion of criminals who are sprung 
from unsound parents. Sichart finds the proportion of patho- 
logical inheritance to be 36%, while Marro makes it 90%. 
6.7% have epileptic parents, 4.3% are descended from suicides, 
6.7% from insane persons; while in the case of those guilty of 
grave crimes, Penta finds an alcoholic heredity of 37%, and 
Marro of 41%. How can an unfortunate child protect hims^ 
from evil when it is presented to him in the most attractive 
colors, or, worse still, when it is impo.sed upon him by the au- 
thority and example of his parents, or those who are charged 
with his education? We shall comprehend the situation best 
from actual examples: V., a sister of thieves, was brought up 
by her parents as a boy. Clothed as a boy, she took on a mu- 
culine air, and wielded her knife ^'igorously. One day while on 
a journey she stole a cloak, and, being arrested, accused her 
parents of the theft. The Comu family was composed of tbie^-es 
and murderers, habituated to crime from their tenderest in- 
fancy. Of five brothers and sisters only one, the youngest, had 
shown a strong aversion to crime. Her parents found a means 
of overcoming her repugnance, making her cany the head of 
one of their victims in her apron for two leagues. In a little 



§ 681 EDUCATION 149 

while she was so stripped of all remorse that she became the 
fiercest of the band and wanted to practice the most horrible 
cruelties upon their victims. The murderer Crocco, who at the 
age of three used to hit his comrades with stones and pluck 
birds alive, had often been left by his father entirely alone in the 
forest as late as his nineteenth year. Fr^gier tells of the son of 
a thief who was his father's pride because he was able at the age 
of three to take an impression of a key in wax. The wives of 
assassins, according to Vidocq, are more dangerous than their 
husbands, for they accustom their children to crime, and give 
them a present for every murder they commit. 

We have seen, and shall see still more clearly in the next 
chapter, how numerous the criminals are who have immoral 
parents or families, in which case vicious education and vicious 
heredity work together. Here also, as in the case of abandon- 
ment, and for the same reasons, namely, prostitution and the 
greater persistency of the woman in crime, the number of 
women subject to these influences is greater than the number 
of men. To many readers the influence of education, as shown 
by these figures, will appear of little importance. But aside 
from the fact that we must add the figures for foundlings already 
cited, we must also recall the fact that many crimes have an 
autochthonous origin, and that many individuals are bom 
perverse and remain perverse, notwithstanding the desperate 
eflforts of their parents to correct them. Among the juvenile 
delinquents of the year 1871-72 ^ 84% of the boys and 60% of 
the girls belonged to moral families. This is to be explained 
by weakness shown by the parents early in the child's training, 
which later renders unavailing their most strenuous efforts to 
obtain obedience. No^'l, Vidocq, Donon, Demarsilly, Lacenaire, 
Abbado, Hessel, Fra Diavolo, Cartouche, Trossarello, Tropp- 
mann, Anzalone, and Demme all belonged to honest families. 
Bosati told me that after his first thefts he had many times 
been beaten by his father and seen his mother weeping bitter 
feus over him» and he had promised them each time to restore 
the things stokn, naturally without keeping his promise. On 

1 Beltrami-Scalia, op. ciL 



150 CBIME: ITS CAUSES AND RKMEDTRS [§68 

the other hand it has often been observed, and the investiga- 
tions of Parent du ChAtelet and Mayhew confirm the ob- 
servation, that thieves and prostitutes who have become 
rich do their best to bring up their children to lead virtuous 
lives. 



CHAPTER Xn 

HEBEDITY 

(69. Statistics of Hereditaiy Influence 

AMONG 104 criminals whose heredity I have examined I 
«^^^ have found the following facts: 

71 showed some hereditary influence^ 
80 had alcoholic fathers, 

alcoholic mothers, 

criminal fathers, • 

criminal mothers, « 

fathers idio were insane or had had meningitis^ 

insane or a>ileptic mothers, 

mothers who were prostitutes, 

insane brothers and sisters, 

criminal brothers and sisters, 

epileptic brothers and sisters, 

brothers and sisters who were suiddes^ 

sisters who were prostitutes. 

Dr. Virgilib, who pursued his investigations under more favor- 
able conditions, found crime among the parents of criminals 
in 26.80% of the cases, almost always, as with alcoholism 
(present in the heredity of 21.77% of the cases), on the father's 
side. Aside from this, with 6% of the criminals crime appeared 
in collateral lines.^ 

Penta,' also, found among 184 bom criminals at St. Stefano 
the following: 



T^ 



11 


M 


8 


€€ 


2 


€€ 


5 


€t 


5 


«« 


8 


M 


6 


•< 


14 


<« 


4 


«« 


2 


«« 


10 


<« 



Advanced age of parents 


in 29 cases, or 16.0 


Drunkenness ** ** 


" 50 " " 27.0 


41liilMMA_> ** ** 


" 17 " " 9.« 


Cmbral apoplexy of parents 


" 20 " " 11.0 


Pellagra " " 


u 3 « « ^^, 


Insanity " " 


" 12 " " 6.5 



Insanity in ancestors or collateral lines in 27 cases, or 14.5% 
Hystim •• " " " " " 25 " " 18.5^ 



Epilepnr 
Headache 



<« <• t* « « "17 *' ** O Qi 

€€ M «4 •« « « tnr « <« 



17 " " 0.1 



1 "^rgilio, "Sagdo di Ricerche sulla Natura Morbosa del Delitto." 
< "Arohivio dTPnchiatria,'' Xn, 1801. 



152 CRIME: ITS CAUSES AND REMEDIES [§69 

In 4% to 5% only were the parents perfectly sound. Later 
he has given us a new table of statistics of morbid heredity, 
embracing 447 cases arranged in two series: 



CriniiiiBlity of pajeata . . . . 

Hysteria 

Epilepsy . 

Other nerve dijea*ea 

Alcoholism 

Insanity 

Pulmoiury tuberculosis . , . 
Advanced age of parents . , . 

Cerebral apoplexy 

Predispositiou to grave disease 
Cbronic malaria 



I 



Marro investigated the causes of death of 230 parents of 
criminals and of 100 parents of honest men, and found the 
following: 





In the COS 


« of the 




Fatheb 


MOTHB 




Criminal 


Honest 


Criminal 


Houat 


Alcoholism 


7.8 
l.t 
6.5 
Bl.l 
0.S 
4.8 
S.1 
2.1 


8.t 

2.4 
14.6 
14.6 
2.4 
S.4 

e.4 


9.1 

6.3 
1S.8 

3.2 

6.4 
10.7 

4.S 


37 

T.4 
18J 
8,7 

- _ 


Inaanity 

Heart disease 

Phthisis 

Nervous shock, worry, etc, . 



If, in place of examining each group separately, we add tc 
gether the deaths caused by alcoholism, suicide, insanity, i 
cerebral diseases, we find that among the ?30 parents of c 
inals these causes constitute 32.1%, while in the case of t! 



§69] HEREDITY 153 

parents of normal persons they are only 16.1%, almost exactly 
half. The number who have delinquent brothers is especially 
great- Out of 500 criminals Marro found 68 who had one or 
more delinquent brothers, and the following parentage: 



Epileptic 4 

Delinqueat ....... 6 

Alcoholic 34 (in 4 eaaet mother as well as father) 

Already old S3 (in 4 cases both parcats were old) 

In studying the still living parents of 500 criminals, Marro 
foimd in 40% of the cases alcoholism of the father, and in 5% 
alcoholism of the mother, while with 500 normal persons there 
was alcoholism in only 16% of the cases, on the father's side. 
Insanity of progenitors or in collateral lines occurred in 42.6% 
of the criminals {16% of the normal cases); epilepsy in 5.3% 
(2% of the nonnal cases); and immoral and violent character 
in 33.6%. In looking into the question of parents who were 
insane, apoplectic, alcoholic, epileptic, hysterical, and delin- 
quent, including also cases where there were anomalies of age 
and character, he found a morbid heredity in the case of from 
77% to 90% of the prisoners (op. cU.). Sichart studied 3881 
subjects imprisoned in Wiirtemberg for theft, rape, and fraud. 
In comparison with the general population he found that 
anomalies or crimes in the case of parents of the various classes 
in the following proportions: 

Thieves "-''^ 

IncendiarieB , '^'§^ 

Sexual offenders SS.7% 

Perjurers W.8% 

Swindlera «3.6% 

with the higher numbers then, in the case of thieves and incen- 
diaries.' Taking account simply of alcoholism, epilepsy, and 
suicide in the direct line, he found a morbid heredity in 71% 
of the incendiaries, in 55% of the thieves, in 43% of the ravish- 
ers, and in 37% of the swindlers. 

With regard to suicide of the parents Sichart and Marro found: 

' Both the French and the German veraons give the fiiure for aexual 
offanders as above; but I ouspeot it should be 28.7%. — Ibansl. 



CRIME: ITS CAUSES AND REMEDIES 



Suicide of poreiiti of: 



Thievfa . , . 

Incendi&riea , 
Selual offende 
Perjurera , , 
Swindlers , . 
HomicideB 



Comparing the proportion of vicious parents of the 
criminals given by Sichart with those reported by Marro, 
find them so divided: 



Thieves .. . - 
iDceodiariea . . 
Swindlers , . . 
Sexual offender! 
Perjurers . . . 



10.8% 
B.4% 
B.0% 

1«.0% 



We have here very high figures for thieves, not so high for 
swindlers, and lowest for incendiaries and perjurers. Of 3580 
juvenile criminals of Mettray, 707 were children of convicts 
and 308 of parents living in concubinage.' Of the inmates 
of the Elmira reformatory, there were 13.7% whose parents 
were insane or epileptic; 38% whose parents were drunkards. 
Thompson, out of 109 convicts, found 50 who were related 1" 
one another, 3 of them being members of one family and dt" 
scended from a recidivist. He noted also 2 sisters and 3 
brothers, all thieves, whose father, uncles, aunts, and cr 
were murderers. In one family of 15 members, of ' 
14 were counterfeiters, the fifteenth appeared honest, till oM J 
day he set fire to his house, after having insured it four ti 
over. 

1 Brace, op. til. 



§70] 



HEBEDITY 



155 



The influence of heredity may be observed among the female 
offenders and prostitutes studied by Mme. Tamowski» Marro,^ 
etc., and by Parent-du-ChAtelet. Of 5583 prostitutes Parent- 
du-ChAtelet found 252 who were sisters, 13 mothers and daugh- 
ters, 32 cousins, 4 aunts and nieces. One cannot read without 
a feeling of repugnance the speech that was made to Lacour by 
one of these unfortunates: ''My father is in prison, and my 
mother is living with the man who seduced me. She has had 
a child by him, whom I and my brother are bringing up." 

S70. Clinical Proofs 

I have studied a child in the prison at Pavia who had very 
exaggerated prognathism, tufted hair, feminine physiognomy, 
and strabismus. He had been guilty of murder at 12 years of 
age, and had been besides convicted of theft 6 times; 2 of his 
brothers were thieves, 2 sisters prostitutes, and his mother was 
a receiver of stolen goods. Five brothers and a brother-in-law 
of the Fossay family were convicted for participation in a 
robbery. Their grandfather and their father had both been 
lianged; two uncles and a nephew were in prison. A more 
noteworthy proof of hereditary influence is offered by Dr. 
Harris, who, noticing in a certain county on the upper Hud- 
son the great number of crimes committed by persons of the 
same name, consulted the registers and discovered that a 
great part of the inhabitants were descended from a cer- 
tain Margaret, a woman of evil life, who had lived there 
two centuries before, among whose descendants there were 



Itlher aloohoiic 
Itlher inaane . . . 
oicataold. . . . 
niatta epileptic . 
niatta tuberculoua 
nventa delinquent 



Female 
cmninalfl 


Female 
cmninalfl 


Ppoeti- 
tutes 


(Salsotto) 


(Marro) 


(Grimaldi) 


6.6% 

6.6% 

17.0% 

2.6% 


40.0% 

7.6% 

26.0% 

• • • • 


4.23% 


.... 
? 


• • • • 

19.7% 





Thieves 



Profiti- 
tutes 



(Tamowaki) 
49% 82% 

19% 44% 



ITS CAUSES AND REMEDIES [5 70 

and iOQ more who were either insane or 



Ima (pven us another proof in the genealogy of the 
akmI Cretien families, which I have here arranged 
furni that it may be taken in at a glance. 

G. CHETIEN 



-4 


Ibt laoridS 




P. Tm 
tirit 


,.'. 


^ 


Mmltin, 

d- "T" 

undo of Lsmaitre 

A. Tan« 

1 


S^ 


' T 




M. W« 




8. F..'i 

o..'« 




Uud muJefer thief thief murdent 
C. Lraaitn, 


J., 


Beooit, ^ 
diodl 
pii»i 

ViwJ. 1 


»., 


,1^ 


A,*-.. 


priBi 



VIM. 'Lam. Amiui* T.T. ^ Victorioe. bouiM 

P., tfawf Lsm.. iiMiinln 



The Fieschi also were hereditary assassins. 



Htruliim ' gives us yet another proof of hereditary criminal- 
ity in the histor>' of a family whose descendants numbered 831 
itMlivi<liiid.s. of 709 of whom it was possible to trace the history 
with Huffieiont accuracy. Among the 709 there were 106 illegit- 
llliatc children. 164 prostitutes, IT procurers, 142 be^ars, 63 
ill li(M|)ital!i for chronic diseases, and 76 criminals, who all to< 

"Atliuiilo Monthlv," 1875. IThM is the Juke family, dMcribed l»t«r, 
^ igdaie at Hi *' 
London, 1 



I "Atiiuiiio nioniiuy, lata. I- - - ^, -- 

wlltnh WM InvrstianUHt liy Duxdalt? at HartTa'a suggestion. — Tras5L.| 
• "JuiliiictiveCrimliuuity,''^Lw^-- "™" 



§ 701 HEREDITY 157 

gether spent 186 years in prison. The Y. family ^ occupied 
a high place in society in past times, but at the beginning of 
the 19th century had fallen completely into decay and con- 
sisted only of the sons of two brothers, Lu and Ren6. Ren6 

had passed all his life in contact with criminals without having 
been convicted himself. He was an original, passionately fond 
of cock-fights, and addicted to lechery. He had innumerable 
mistresses and children, so that all the children of the quarter 
called him ''papa/' One of his mistresses was the mother of 
a great number of criminals. The family of his brother pre- 
sented nothing abnormal, except that one of his sons, learning 
that his unde Ren6 had disinherited him, killed himself the 
day after the latter's death, and left behind him this writing: 

** Let no one be accused of my death; I have killed myself to 
escape from insupportable enemies whom my stupidity has 
gained for me, and because I have not been sufficiently on my 
guard against the rascality of certain people." 

The two mistresses of Ren6 who gave him a progeny of degen- 
erates were Z., wife of an executioner, from whom was bom a tu- 
berculous daughter that died at 24, and F., who was also married, 
and accused by public opinion of having poisoned her husband. 
F. had 5 children, of whom 2 were by her husband and 8 
by her paramour. The children of the husband were: 1st, 
Z., who lived separated from her husband, was a mattoid and 
quarreLsome. Everything furnished her with an opportunity 
for a lawsuit, which, however, she regulariy lost. She had 
many paramours, among others an orator of great talent, by 
whom she had several children, including a celebrated poet, 
punter, etc. 2d, fl., proprietress of a house of ill fame; she 
liad two children, of whom one was blind and the other had 
Parkinson's paralysis. Among the children whom F. had by 
kr paramour Ren6, were the following: 1st, Em., who, while 
watching by the body of her father, became drunk with her sister- 
ia^w. She had a daughter of evil life; also a niece who was a 
IKostitute at 15 and a thief. 2d, Em., a peasant, who tried 
to hang himself. He married Fl., a woman of dissolute morals, 
aotorioua for her incestuous relations with her oldest son and 
' Aubiy, "La Contagbn du Meutre," Paris, 1889. 



158 CRIME; ITS CAUSES AND REMEDIES i|70 I 

associated in theft with her daughter, who was a drunkard. She 
was strongly suspected of having killed her son-in-law, and 
her daughter called her "The old woman loaded with crimes." 
From this sad marriage were bom two children: 1st, Marie, 
wlio, during a menstrual period, killed her husband, with the 
aid of her mother. They were both acquitted. 2d Am., who 
had sexual intercourse with his mother, and killed the husband 
of his mistress. In a collateral branch of the family of Fl., the 
daughter of F., there are many bankrupt merchants; a mothei 
who, notwithstanding her numerous children, eloped with hei 
last lover, carrying off the money-box; a husband who, after 
having gone off and squandered the family fortune, returned 
to live at his wife's expense; and a brother of Marie's second 
husband, who killed first his adulterous wife and then himself. 
In this family nearly all the members have committed one or 
more crimes, and those who are not criminals are suicides. But 
there is a collateral branch, that of Z., which is composed 
of persons who occupy a high place in art. This family con- 
firms, then, the close connection that exists between genius and 

Laurent • tells us the story of a whole family of criminsls, 
who support wonderfully the data of Marro and Aubry- Ib 
this family the paternal grandfather died of an affection of the 
heart. He was of weak character and completely dominated by 
his wife. She, nervou.s and eccentric, struck her husband oa 
all occasions, and "was so irascible that she even took pleasuK 
in striking her sister when she was sick. The father was veiy 
nervous and violent, but a coward, and although he had knowl- 
edge of the dissolute conduct of his wife, he had not courage b> 
intervene. He died of aortic insufficiency. A paternal uncles 
who was very vicious and violent, struck his parents to get moaef 
from them. He took advantage of their absence to sell a part 
of the furniture, and tried to kill his son on account of jealousy. 
A cousin gemion of the two preceding was addicted to pedc^ 
a.sty. The maternal grandfather was intelligent, but a drunkard, 
and served two years in prison for theft. He was a captaia 
under the Commune, but was punished for misconduct. He 
' "Lea Habitud) dee Priaona." 



§ 70] HEREDITY 159 

was unbalanced, brutal, and coarse. By his first marriage he 
had four daughters, whose mental state we shall describe later. 
The maternal grandmother abandoned her children, and dis- 
sipated the week's wages in company with her husband. She 
died of cancer of the uterus. The mother, very vicious, idle, 
and violent, married at the age of 20 and had two children 
by her marriage. At 23 she abandoned her husband to live 
with a young man, by whom she had a son. She later 
returned to her husband and by him had a fourth child, yet 
during this time was the mistress of a wine merchant. To this 
paramour succeeded another, and at the age of 35 she brought 
into' the world a fifth child. Abandoning her family and chil- 
dren without concern, she spent her time playing cards in dives 
and quarrelling with drunkards. She tried several times, while 
in a state of drunkenness, to kill her husband. At 37 she had, 
by one of her lovers, a sixth infant, who died of meningitis. 
She became pregnant once more, and abandoned definitely 
the conjugal roof, taking her daughters with her but giving 
them up to the first comer, to surrender herself to drink. At 
the age of 39 she became pregnant once more, and had her 
paramour produce an abortion. This woman had three sisters. 
The first was vicious from infancy and abandoned herself to 
a life of prostitution at the age of 16. So irascible was she that 
in a fit of jealousy she tore off another woman's ear. The 
second sister, dull, lascivious, and given to drink, had three 
diildien, one of whom at the age of 9 she threw out of the win- 
dow for some trifling reason; and another time, without ap- 
paient cause, she threw it in front of the wheels of a carriage. 
It suffered from meningitis, but recovered. The third sister was 
weak-minded and dissipated, and used to get drunk in company 
with her husband. 

Let us pass on now to the examination of the third generation, 
iriiich includes 8 children: 1st, A young girl of 19 years, very 
blond, not very intelligent, very hairy, with a high-arched 
palate, and frontal protuberances strongly developed. Mali- 
cknis and jealous, she put pins in her brothers' broth. When 
ten yean old she was found in a dive with some yoimg men, 
giving herself up to a precocious debauch. 2d, A young man 



160 CRIME: ITS CAUSES AND REMEDIES [§71 

of 18 years, a workman, economical and honest but nervous 
and stubborn and of weak character like his father. 3d, Aa 
adulterous daughter of 15, vicious, a drinker, and a gourmand. 
She frequented the wine-shops, was often drunk, and stole 
from the show-cases of the grocers. 4th, A daughter of U, 
lazy, deceitful, thievish, irascible, egoistic, coquettish, and 
lascivious. Her figure is constantly contracted by a nervous 
twitching, her physiognomy is one continual grimace. Having 
no family feeling she takes advantage, when her grandmother 
is asleep, to pinch her legs, in revenge for punishments that 
she herself has received. 5lh, An eight-year-old boy, rickety, 
scrofulous, very nervous, irascible, and despotic. He has par- 
oxysms, when he breaks anything that comes into his hands. 
6th, An adulterous daughter, who died at 16 of meningitis. 

The famous thief Sans Refus was the daughter of a thief 
named Comtois, who died upon the wheel in 1788, and of a 
female thief named Lenipave. Marianne, the most skilful mem- 
ber of the Thiebert band, was the child of two thieves, her 
father being a recidivist five times over. She first saw light 
on th» highroad, in a stolen cart.' Sighele has studied all the 
proceedings instituted against the inhabitants of Artena since 
lH5i and has continually met the same name; father, son, aad 
nephew follow one another at inter\'als, as if impelled by a 
fatal law. In the last trial there were two families concerned 
who were already known in criminal annals. One was composed 
of seven members, the other of six, father, mother, and four 
sons, not one lacking. 

"It is appropriate in this connection," says Sighele,* "to 
quote the words of \'idocq : ' There are families in which crime 
b transmitted from generation to generation, and which appear 
to exist only to prove the truth of the old proverb. Like jather, 
like son.' " ' 

\ 71. Elective Affinities 
We see that this heredity, rendered so active by the union of 
two criminal families, from which organized bands naturally 
' Lucas, "De rH*r4dit4 Naturelle, p. 487. 
' "Archivio di PBichiatria," IS64. 
* "Bon cbiea chaaae de raoe." 



§ 72] HEREDITY 161 

arise, has its source in a Idnd of elective affinity impelling the 
delinquent woman to choose a lover or husband from among 
those most inclined to crime. We may recall the elective af- 
finity which, in the Y. family, drove Ben6 to choose his mis- 
tresses among the prostitutes and delinquents; as well as the 
marriages of the Cretien and Lemaitre families. We find 
another striking example of this affinity in the fatal sympathy 
of the Marquise de Brinvilliers for Sainte-Croix; and in that 

of Louise Poch — — and Marie Catel , thieves, swindlers, 

and prostitutes, for Bossignol. The former of these felt herself 
drawn to him when her rival told her in prison of his exploits. 

Marie Catel , bom of a noble family, was already ruined at 

the age of 14, and at 15 she had committed highway robbery 
as RossignoFs accomplice. In Turin there was a certain girl 
named Camburzano who became the mistress of a thief while 
not yet nubile. When sent to a reformatory she escaped, and 
the same day joined herself with an assassin named Tomo, 
whose accomplice she became, and the instigator of his most 
atrocious murders. 



' S 72. Atavistic Heredity in the Juke Family 

But the most striking proof of the heredity of crime and of its 
idation to prostitution and mental diseases is furnished us by 
the fine study which Dugdale has made of the Juke family.^ 
The originator of this deplorable family was a certain hunter, 
fisher, and libertine, called by Dugdale "Max Juke," who was 
bom some time between 1720 and 1740. He became blind in 
Us old age. He had numerous descendants, 540 legitimate, and 
160 illegitimate. All the ramifications of his posterity cannot 
be traced down to the present; but we have the lines of descent 
from 5 daughters (3 of whom were prostitutes before they 
married) as well as that of some collateral branches, for 7 gen- 
erations. We give the tabular summary of the family: 

> Dugdale, "The Jukes" (Putnam. 4th ed., 1911), reprinted from the 
^Thirtieth Annual Report of the Executive Conmiittee of the Prison 
Aandatkm of New York for 1874." 



CBIUE: TIS CAUSES AND RFMIiini lff ! 



B73 













.5 

i. 


PaHKNTAOB BT Sh 




1 

1", 


} 


1 


Second generation { x"^"*™™ 

Third generaUon -^ ?^°^^ " 
.Xmcn . . 
/■Juke womea 

fJuke women 

IXma . . 
fJuke women 

rJuke women 
Total genenitioa ^f^Z^ ! 

Juke blood 

X blood 










a 

6 
34 

le 
ii? 

M 
«4 

84 
l« 

"fl 
fi« 

leg 


5 

3 
16 

7 
18 


46 
2S 
67 
34 
119 
S8 
108 

ai 

63 

8 
48 
3 
3 

U2 
67 
225 
102 

477 

leo 


I 
2 

IS 
3 

It 

88 
6 
46 
S 
M 
4 
70 
11 
S3 

' i 

is2 

IS 
15S 
18 

377 
31 




fimnd total 


709 


645 


368 


si 


Noi 


■B. 




a 


iu<j 


licatespc 


«on.»o 


t of Joke 


biood 



We see from this table the singular connection existing between 
prostitution, crime, and sickness; for from the same hereditaif 
causes we find: 



76 delinquent! and 128 prostitutes , 131 impotent, 

I4S va^nnta and IB brothel-keepen idiotic, or 

* ~ 91 ilJc^timate Byphititic 



872] 



MumuQE Reutionb 










Paufkbibh 






Crwc 












1 


* 














1 


■1 

ii 


•5.1 

Jl 

11 


1 


1^ 




4g 

] *3 




*3 


1 
1 


"5 


li 


3 

i 


i 


S 

3 








3 

1 


S 


'2 
















4 






1 


« 




.1 








i 








4 








« 




S 






3 




w 




H 


14 






12 


1« 


122 


7 








7 








4 






7 


« 


.IS 


» 






H 


2 








4 






tt 


1» 


WH 


» 




12 






19 






Ifi 






t 


11 


SO 


» 




10 


13 


11 


XT 




» 


!W 






ts 


M 


IINI 


Itf 


Ifl 




W 


1.1 








14 






* 


11 


40 


« 








1 


n 






12 






7 


2.1 


H7 


11 


21 


1« 


72 


41 


M 






14 






4 


14 


!W 










HI 


« 






K 


 










S 




2 


H 


2 


1 
i 






i 


■• 








;; 


7 




2 


sH 


2 


n 




je 


fiS 






ar 


4fi 


9*9 


M 


»i 


ifi 


\^ 


24 


Kft 




I 


B1 









VII 


ivn 


rt 




3 




3 


5S 






«0 






14 


Mt 


270 


M 


40 


ss 


s»H 


fi» 


fi7 






M 






7 


if; 


tr; 


ft 




K4 


24 


20 


IW 




lie 


7.1 






,17 


ttfl 


fiW 


fi.1 


HI 


411 


91>^ 


83 


M 




1 


Sfi 






10 


47 


222 


11 




a? 


2454 


32 


!30 


24 


13 


IBS 


46 


18 


87 


142 


734 


M 


96 


76 


116 


IIS 



Imi oomwcled iritli them br manUge or cohabiUtirat. 



We see the delinquents scantily represented in the second gen- 
eratioii, but multiplying with extraordinary rapidity, and lising 
from 29 in the fourth generation to 10 in the fifth: just as the 
number of prostitutes rises from 14 to 35 and 76; and of beggars, 
irhidh increases from 11 to 56 and 74. They diminish in the 
nxth and seventh generations, only because Nature herself 
makes an end of the matter through the sterility of the women, 
iriiich affected 9 individuals in the third generation and 22 in 



164 



CRIME: ITS CAUSES AND HEMEDIES 



I 



the fifth, and also by the early deaths of the children, whic 
rose as high as 300 in the last years. The members of 
family passed altogether 116 years in prison, and received poo^ , 
relief for a total of 830 years. In the fifth generation half tie 
women were imehaste, and a correspondingly high number of 
the men criminals. Of the seventh generation the oldest indi- 
vidual had reached the age ot only 7 years, yet 6 members of 
it were in almshouses. In 75 years the maintenance of this 
family and the damage done by them cost the state $1,300,000. 
It has been shown that in all or nearly all the branches of 
this family the tendency to crime, unlike the tendency to pau- 
perism, was strongest with the eldest son, always following the 
male line in preference to the female. This tendency was ac- 
companied by excess of vitality, fecundity, and ^^go^, and wis 
more developed in the illegitimate lines than in the legitimate, 
a statement which is also true of the other forms of immorality. 
Thus, by comparing the S8 illegitimate members of the fiWi 
generation with the 85 legitimate members we get the following: 
38 iOegitimate 



I 



The figures here given for prostitution represent only a si 
part of the sexual immorality, as is proved by the large n 
of bastards (21% of the males and 13% of the females), i 
syphilitics, and "harlots," ' of whom there were 60% i 
second generation (3 daughters out of the 5), 37% in the tl 
69% in the fourth, 48% in the fifth, and 38% in the s 
average of 52.40%. In addition there were 4«% of I 
among tJie women who married into the family. The c 
with regard to exaggerated fecundity and to prostitution t 
to prove that sesual excesses are one of the most s 
of pauperism, which, in its turn, appears to be 1 
its character, especially with the women, and to gain i 

< Dugdale uses Uus word fo: 
UQchastity, rracrving the term " 





572] 



HEREDITY 



165 



by preference among the young. Pauperism, agun, is bound 
up with crime and disease, on account of the great number of 
individuals who become tainted with syphilis, or have bodily 
deformities, or inherit a tendency to crime or vagrancy. On 
the other hand, it is noted that in the families where the brothers 
are criminals, the sisters give themselves up to prostitution, and 
are indicted only for sexual offenses. So Dugdote says (p. 26), 
"Prostitution in the woman b the analogue of crime and pau- 
perism in the man." It may be seen here how prostitution 
arises by heredity, without being explainable by destitution or 
other causes, and is diecked only by the intervention of an early 
marriage. The distribution of the bastards as to sex (21% of 
the males, 13% of the females) shows a curious predominance 
of the male sex, while the opposite is true among the legitimate 
offspring. Among the first bom, also, where legitimate, daugh- 
ters predominate; and where illegitimate, sons. The following 
table shows us the connection between crime and prostitution 
on one ride, and disease and deformi^ on the other: 



DwaABM. MAUOBIUTTONa, i 



a Injcbieb 





1 


1 
5 


T 
1 


1 


' 


-| 


e- 




i 




ill 


f 








i 






^ ' 




- 


4\ 


a. 


Joke blood . . 


1 


10 




1 


1 


1 


29 


u 


S3 


S0.77 


Xbk»d . . . 




1 


1 






1 


19 


' 


1 


Vi 


IS 


56.47 


ToUl . . . 


1 


11 


1 


1 


1 


« 


M 


^ 


 


M 







AlU^ether Dugdale found 200 thieves and other criminals, 280 
beg^rs or invalids, 90 prostitutes or women afflicted with 
syphilis, all descended from one dnmkard; to which should be 
added, as additional consequences, 300 children dying prema- 
tnrdy, 400 men infected with syphilis, and 7 assassinated. 

Tliis is not a unique case. The savage Galetto of Marseilles 
ma a neiAev of Ortolano, ravisher and cannibal; DumoUaid 



166 



CRIME: ITS CAUSES AND REMEDIES 



was the son of a murderer; Patetot had assassins for grandfath 
and great-grandfather; Papa, Crocco, and Serravalle had gran 
fathers who had been in prison, and Cavalante's father 
grandfather both were convicts. The Comu family were assas- 
sins from father to son, as were the Verdures, the Cerfbeers, 
and Nathans. Of tliis last family 14 members were incarcerated 

at one time in the same prison. Mocc , a brazen adulteress, 

who poisoned her husband, was the issue of an incest; and 
prostitutes are nearly always daughters of delinquents or dniuk- 
ards. Mme. de Pompadour was the daughter of a drunken 
thief who bad been pardoned. 



i 73. Insuiity of Parants 
As all these dismal genealogies prove to us, a certain number 
of the parents of criminals are afflicted with insanity. I have 
found in the case of 314 criminals whose descent was known to 
me, 7 whose fathers were insane, 2 who had fathers that were 
epileptic, while in the case of 4 the mother, in i cases the father, 
in 3 a brother, in 4 an uncle, and in 1 a cousin, were afBicted 
with cretinism. Of 100 other criminals 5 had insane mothirs, 
3 insane fathers, 6 insane brothers, and 4 had epileptic brothers. 
I had under my care in PaWa a family whose genealogy alter- 
nated between criminals and prostitutes, as seen by the foUowioj 
outline: 

Fe . . . ri, insuie at SO, with hallucinations 

! 

L, insane, committed incest 

I 



Thief Thief 



Suicide Prosti- 



oitted 

Another family that I have investigated 

AJs . . , == Wife, epileptic 
poisoned I 
bis wife I 

Murderer Suicide 



i I. 




§73] 



HEBEDITY 



167 



In the cases of 67 insane criminals Moeli found in 61%, in- 
sanity or epilepsy of parents; 15%, suicide or criminality of 
parents; 21%, insanity of brothers or sisters.^ Kock,^ leaving 
aside all doubtful cases, found that 46% of criminals were of 
morbid descent. Virgilio studied 266 convicts, all, however, 
with chronic diseases, 10 of them being insane and 13 epileptic. 
He found insanity of 1 parent, generally the father. Epi- 
lepsy was present with still greater frequency, being found in 
14.1% of the cases. In 6 cases the father was eccentric, in 1 
the mother; in 1 case the father was a semi-imbecile. One 
ravisher had a deaf-mute father. Penta found insanity among 
the parents of 16% of the criminals investigated by him. At 
Elmira, N. Y., in 1890, 127 of the prisoners had insane or epi- 
leptic parents. Marro and Sichart found: 

IiraANiTT OF Parents 



Marro 



IncfnHiarics . . 
Sexual criminals 
Hiieves .... 
Swindlers . . . 
Perjurers . . . 
Homicides . . 
Guilty of assault 




28.5% 
10.2% 
14.5% 
10.3% 

•  • 

17.0% 
14.0% 



Gottin, who set fire to the house of his benefactor, had an 
insane grandfather; Mio had his father and grandfather both 
insane; Jean de Agordo, a parricide, had insane brothers; Mar- 
tinati's sister was a cretin; Vizzocaro, at once parricide and 
fratricide, and Palmerini, an assassin, both had insane brothers 
and uncles; Bussi, insane father and mother; Alberti, an insane 
father and grandfather; Faella, an insane father; Guiteau had '* 
an insane father, uncles, and cousins; Perussi, a forger and mur- 
decer, who was bom in an insane asylum, had an insane mother, 
who committed suicide, and a father with megalomania; Verger 
had a mother and sisters who were suicides; Groudfroy, who 

1 "Ueber irre Verbrecher," 1888. 

s "Zur Statistik der Gheisteskrankheiten in WOrtemberg/' p. 161, 
Stuttgart, 1877. 



168 CRIME: ITS CAUSES AND REMEDIES [|7i 

killed his wife, mother, and sisters, after insuring their lives 
his favor, had an insane grandmother and uncles; Didier, 
parricide, had an insane father; Louise Bricaz, who killed her 
husband, had an epileptic mother and an insane sister; and 
Ceresa, Abbado, and Kulmann all had insane parents. 

In this connection we find the same thing true of the insane 
as of criminals. Golgi, Stewart, and Tigges have proved that 
insane men are more apt to have insanity on the pateroal side 
than on the maternal,' as is also the case with criminals. How- 
ever, it is important for the purposes of medical jurisprudence 
to note that insanity of the parents is less frequent with crim- 
inals than with the insane. Among 3115 insane per.wns Tigges 
found that 28% had insane parents, while Stewart's figure is 
49%, and that of Golgi 53%. If we Uke in also the hereditary 
influence of epilepsy and other nervous diseaaes, Golgi gives us 
a figure of 78%. 

S 74. Epileps? of Parents 

Knecht found epilepsy among the parents of 15% of the 
criminals examined by him; Ribaudo, investigating 559 militan' 
prisoners, found 10.1%; Penta found 9-8% among the parents 
of 184bomcriQiiDals. Clark showed that 46% of the parents of 
epileptic criminals had epilepsy, and only i\% of the parents 
of non-criminal epileptics. Dejerine, however, gives the figures 
as 74.6% and 34.6%, but. though higher, the ratio between 
criminal and non-criminal remains the same. Marro and Si- 
ehart found the following percentages of epil^Ucs among 
various classes of criminals: 



3 





Sichart 


MUTO 




a.1% 






1-3% 












Homicidwi 


7.0% 




* St«imt, "On Henditaiy Iimidty," London, IS74. 




§75] 



HEREDITY 



169 



Sts* Alcoholic Heredity 

Penta found alcoholism in 33% of the parents of criminals, 
and I myself have met it in 20%. At Elmira, of 6300 criminab 
under age, 38% had drunken parents. Legrain^ found that 
157 individuals, belonging to 50 different families of alcoholics, 
showed the following: Insane, 54%; alcoholics, 62%; epileptics, 
61%; having convulsions, 29%; morally insane, 14%; having 
meningitis, 6.5%. According to Baer the following percentages 
of the parents of criminals were drunken: In Saxony, 10.5%; 
Baden, 19.5%; WUrtemberg, 19.8%; Alsace, 22.0%; Prussia, 
22.1%; Bavaria, 34.6%. Sichart and Marro found the parents 
of criminals alcoholic in the following proportions: 



Marro 



Hueves . . . , 
Swindlers . . , 
Incendiaries . 
Perjurers ... 
Sexual Criminals 




46.6% 
8«.4% 
42.8% 

48.5% 



Marro found also 49% in the case of parents of homicides, and 
50% of the parents of those guilty of assault. Thus those guilty 
of crimes of blood show the highest figures, followed closely by 
thieves. 

In Italy alcoholism of the parents is much less frequently a 
cause of insanity than of crime, being found in the case of 17% 
of the insane but in 22% of those imprisoned at Aversa for long 
terms. Legrain observed that precocity is the first character- 
istic of alcoholic heredity. He found children who were alco- 
holics even at four years. Another characteristic is the impossi- 
bility of withstanding the effects of alcohol. Thus a father had 
been a drinker for seven years without having his brain affected, 
while his son was thrown into a delirium by two days' orgy. 
Further, alcoholic heredity manifests itself by an imperious 
need of larger and larger doses of alcohol. All these charac- 
teristics are frequently met in criminals. 

^ "D6g6n6reBoenoe Sociale et Aloooliame," Paris, 1875. 



170 



CRIME; ITS CAUSES AND REMEDIES 



I 



S 76. Age of Parenta 

Marro, in investigating this subject, has come to the follow- 
ing conclusions: 

"Among criminals against property the children of young 
parents abound, except in the case of swindlers, among whom 
they are rare. Swindling demands, in fact, dissimulation and 
artfulness, rather than physical quickness and force, which are 
the gifts of youth, as the former qualities are the properties of 
a maturer age." 

He found descent from elderly parents very numerous in the 
case of those committing crimes against persons, appearing in 
the case of 52.9% of the homicides, while the percentage for 
the general population is only 17. On the other hand, only 
3% of this class of criminals were found to have youthful 
parents. Among those punished for assaults, old and also very 
young parents were much more numerous than in the general 
population (40% and 13.5% respectively). This is easy to 
comprehend when we remember that callousness is as much a 
preparation for brawling and insurrection as excess of vivacity. 
Among ravishers, on the other hand, the proportion of elderly 
fathers falls to 30%; but there is also a higher number of elderly 
mothers than normal. Marro, taking 21 as the beginning of 
maturity for women and 37 as the beginning of decadence, 
arrives at the following table of percentages of criminal, normal, 
and insane persons, according to the mother's age at their birth: 
Age of Mother 



a 



Murderers 

Guilt)' of assault .... 

Raviflhera 

Highway robbers .... 

Burglara 

Pickpockela 

House thieves 

Thieves 

Swindlers 

General aveiage of crimitiBli 
Normal 



Decadent 



M.8% 

fi7.S% 


88.7% 


Ii.1% 


S9.S% 


M.9% 




B.0% 


81.17o 




lt.7% 


68.5% 


n.s% 


M.1% 




i4.e% 


IS.6% 




n.9^ 






§761 



HEREDITY 



171 



The law observed for the fathers in the diflPerent classes of 
delinquents holds good for the mothers also. The percentage 
of elderly mothers, as of elderly fathers, is especially high with 
murderers and ravishers, though in the case of the latter, to a 
more limited extent for both parents. Both fathers and mothers 
are frequently young in the case of those guilty of assault and 
theft, and especially is this true with highway robbers. Marro 
has studied the conduct in school of 917 pupils, with reference 
to the age of their parents, with the following results: 



Conduct of Childben in School 



Age of parents 


Good 


Medium 


Bad 


Under 26 (father) . . . . 
From 86 to 41 (father) . . 
Over 41 (father) .... 
Under 22 (mother) . . . . 
From 22 to 87 (mother) . 
Over 87^(moiher) .... 


44% 
47% 

«1% 
58.9% 

48.8% 

41.8% 


31% 
28.8% 
82.2% 
41.8% 


28% 

17% 

16% 

17.7% 

18.4% 

17.2% 



The maximum of bad and the minimum of good children are 
to be found where the father is young, but on account of the 
mildness and docility of character belonging to women, espe- 
cially in youth, the greatest proportion of good children are 
to be found among those bom of young mothers. 

With regard to pupils whose parents both belong to the same 
age period the following results are reached: 

Conduct of Pupiub 



Age of parents 


Good 


Medium 


Bad 


Immature 

Mature 


40% 
41% 


89% 
85% 
41% 


21% 
15% 


Decstknt 


16% 



Ihfarro found that fewer delinquents than normal persons had 
tMurents belonging to the same age period, there being 63% of 



172 CRIME: ITS CAUSES AND REMEDIES [§77 

the f onner to 70% of the latter. In the case of pupils the max- 
imum of intelligence and the minimum of good conduct were 
found where both parents were very young. 

The age of complete development of the parents gives the 
maximum of good conduct and the same proportion of intelli- 
gent children as when the mother is of full age. In the period 
of decadence of the two parents, both good conduct and intelii- 
gence are less often found than in the preceding period. 



S 77. Synthesis 

Of all nervous anomalies the most typical as a sign of degen- 
eracy, aside from cretinism, is the neurosis of the criminal. Tins 
recalls the phenomenon that was so striking in the histoiy of 
the Juke family, the excess of vigor and fecundity in the eai&r 
generations, neutralized in later generations by child-mortality, 
and finally giving place to complete sterility, such as occurs in 
the case of "" freaks" and too violent crosses. Penta ooanto 
among the signs of degeneracy found in the bom criminal t 
great fecundity rendered futile through the speedy dying out 
of the offspring. Of 104 brothers of criminals whom he studied, 
70 died at an early age. Of 100 parents of criminals, 53 showed 
an exaggerated fecundity and 23 a partial sterility. Of 46 
criminals, 10 showed exaggerated and 31 restricted fecundity. 
In studying the figures of Marro and Sichart we find that epi- 
lepsy is more common with the parents of thieves; suicide with 
those of incendiaries; alcoholism with those of thieves and 
ravishers; and insanity with the parents of incendiaries. Wc 
have seen from the Juke family that males, especially the eldest, 
are more often affected by a criminal heredity than females, 
and illegitimate than legitimate children, the relations bdsg 
inverted in the case of pauperism, in which organic weakness 
plays a greater part. We have seen that in heredity, for normal 
as well as for criminal men, the influence of the father exceeds 
that of the mother. Thus Marro found the diseases given bdow 
to have their hereditary influence from the paternal or matenal 
side in the following ratios: 



§77] 



HEREDITY 



173 



Alooholimi 

Inaanity 

Diseases of spinal cord 
" heart . . 
Fhtliisis 




From mother 



8.1% 
5.0% 

18.0% 
8.2% 

10.0% 



Here the mothers lead only in the last. 

In the parents of homicides vicious tendencies are found 
with 23% of the fathers and only 7% of the mothers; of those 
guilty of assault, 20% of the fathers are of evil character and 
16% of the mothers. We may say that the mother has the 
power of transmitting her emotional characteristics to her chil- 
dren more than her intellectual characteristics. These con- 
dusioiis agree with the general laws of heredity set forth by Or- 
chanski.^ He shows that heredity being a function of the organ- 
ism of the parents, it corresponds at any given moment to the 
energy of their other functions and to their general physical 
condition. Each of the parents shows a tendency to transmit 
his own sex, and the one that prevails is the one nearest the 
period of maturity. 

Resemblance to the father prevails, but more in the case of 
boys than girls. The same principle holds true for structure, 
although the boys show more variability, the girb more stability. 
Jt one of the parents is diseased there is a tendency, stronger in 
the case of the father, to transmit the disease to children of the 
%ame sex as the parent affected. This phenomenon shows itself 
especially in the case of neuropathic parents, phthisical par- 
ents reversing the relationship. Transmission of disease, conse- 
quently, is progressive with the father, regressive with the 
mother; the pathological condition of the father tends to repeat 
itsdf in the children. Morbid heredity depends, then, upon two 
Cactors, — the sex of the parent and the intensity of the morbid 
fiondition. Males inherit diseases from both parents and in 
Q^reater intensity, having a tendency to transform functional 



1 Orchanski, "L'ErediU deUe Famiglie Malate/' Turin, 1806. 



174 



CEraE: ITS CAUSES AND REMEDIES 



877 



while females show the opposite 



disorders into orgaDic ones; 
tendency. 

To sum up: the organic type is constantly being fixed by 
hetedity. The children themselves have & large part in the 
manifestation otheredity, by the^faptthat they can assimilate 
more or less actively the hereditary characteristics. Hereditaiy 
influences are not all manifested at any given moment, or once 
for all. They are latent in the organism and manifest themselves 
gradually throughout the whole period of developmeut. Every- 
thing organic is subject to the general laws of heredity; the 
characteristics inherited by any part of the organism follow the 
general course of the development of that organ, and reaches its 
highest point at the period of the organ's greatest developmeat. 
The antagonism between the influence of the father, which favors 
variabiUty and individuality, and that of the mother, which 
tends to preserve the tj-pe, has already befin observed in the 
determination of the sex of the offspring. The same contest 
goes on in the matter of transmitting disease, which the mother 
diminishes by transmitting her own diseases in milder form and , 
combating the morbid tendencies of the father. There is the J 
same difference between the parts that the male and female I 
children play in inheriting, as there is in that which the father f 
and mother play in transmitting hereditary characteristics. 



CHAPTER Xm 



AGE — PBECOCITY 



S78. Age— Precocity 

/^"VNE of the few strikmg differences between crime and in- 
V^ sanity is found in the part played by age. A glance at the 
following tabular comparison between nearly equal numbers of 
insane, delinquent, and normal persons shows that criminals 
are most numerous at the ages between 20 and 30, at which 
ages the number of normal persons and of insane is much lower, 
while the latter are most numerous between 30 and 40. 



Age 





Itauanb 




ENGLmH 


Nonnal 


Insane 


CriminalA 


Criminals 


20,011 

48.55% 
17.01% 

14.82% 
10.67% 

6,56^0^ 


20,011 

6.18% 

2.84% 
26.21% 
22.19% 
14.02% 

9.84% 1 


26,590 

12.9% 

45.7% 

28.8% 

11.6% 

8.8% 

0.8% « 


28,768 

25.10% 

42.40% 
16.80% 

4:209? 
2.0% • 



Under 20 
20 to 80. 
80 " 40. 
40 " 50 . 
50 " 60. 
Over 60 . 



1 Lolli, "SUtistica del Manicomio di Imola," 1874. 
s Garden, "SUtistica delle Caieeri," Rome, 1871. 
* Mayhew, op. eit. 
^Die Oestcrreichen Strafanstalten," Vienna, 1874. 



««i 



AUBTBIANB 



Criminal 



12,786 

10.4% 
42.6% 
27.67% 
12.1 % 
5.9 
12.4 



It will be noted that from the age of 40 on, the percentage of 
the insane is twice that of normal individuals and criminals; 
while these latter after the age of 50 are less than half as nu- 
merous relatively as normal persons of that age. 

A more detailed analysis shows that the maximum of crim- 
inality is found at ages ranging from 15 to 125 years. In England 



176 CRIMX: ITS CAUSES AND REMEDIES [678 

the proporijon of juvenile crime is declining, and the percental 
of criminals under 21 will be seen to be less than the percentage 
of the normal population falling within this age group, while 
from 22 to 30 the criminal percentage is double the normal.' 

In Austria one-sixth of the convicts are between 14 and 20 
years of age, and four-sixths between 21 and 40. 

Of 1477 criminals condemned to death in France: 

107 were betneea 16 and 90 



Of 46 criminals studied by me, 35 had commenced thai 
criminal career at the following ages: 



Twelve others confessed that they had run away from home to 
escape either punishment or work. Ten per cent of the inmates 
of the reform school at Turin admitted freely that they had 
learned to steal before 12, not from necessity, but led by the en- 
couragement and instructions of their companions. In the hun- 
dred criminals investigated by Rossi and myself we found 35vho 
had begun to drink between the ages of 2 and 10, and of these 
25 draidc only brandy; 6 had become addicted to the practice 
of masturbation before the age of 6, and 13 had had sexual 





In En'oland 




Criminals 


General populfttkai 


12 and under 


1.1% 

18.1% 
32.4% 
21.0% 
13.1% 
3.3% 




13.5% 

22_^ 




2210-30 




J«°S 









CL. Levy, "JouniuJ of the Statistical Society," 1882.} 



AGE — PRECOCITY 



177 



, intercourse before the age of 14,' — all of which shows great pre- 
f cocity in \'ice. 

I Marro found that of his 462 criminals 18% had become de- 
, lioquents before the age of 13. Manzom has very well hit oflE 
^ the principal source of this early leaning toward crime, namely, 
the mania to pass as full-grown; in his famous novel he says: 
"Gervais, on account of having had a hand in something that 
savored of crime, thought he had become a man like the others." 
Marro, in his studies of the conduct of pupils in the schools, 
found that there were two periods especially marked by bad 
conduct, — the first between 11 and 13 years of age, and the 
second between 16 and 17, 
 Precocity in crime points to the fact that criminality, much 
more than insanity, is an inherited characteristic. This re- 
minds us that precocity is one of the distinguishing features of 
savage peoples, — a new proof of the atavistic origin of crime. 
In this connection certain customs of the nature-peoples are 
interesting. Thus the young men in certain African tribes, upon 
' attaining their majority, strip themselves and withdraw to the 
' woods, where they remain until they have killed some one. 

We may also certainly ascribe to atavistic influence an 
institution like that of the scuonero in Naples, which, for the 
fifteen -year-old boys, means to play the tyrant, to carry clubs or 
revolvers, to have love affairs, and to put parents and policemen 
in their proper places. It is thus a sort of juvenile "Camorra," 
in which the highest honor belongs to him who has wounded or 
killed some one. Another proof of the same influence is found 
in the Sicilian word "oTnarta." which means either manliness 
or brigandage. 



S n- Suppoeed Scale of Crime 

In one case I have found a true gradation in the character of 
the thefts of a young criminal, who began as a boy by stealing 
■4 sous to buy a top. He then stole 8 .sous, then 1 franc, and 
fioully 3 francs. But, in general, the ascending scale of crime is 

' RooB), "Una Centuria di Crimioali," 18S5. 



178 CRIME: ITS CAUSES AND REMEDIES [§79 

imaginary, for many enter the criminal course by the great door 
of homicide and rape, while the most atrocious crimes aie often 
the most precocious. There was found one day in Milan an 
old man riddled with 82 wounds, who was believed at first 
to have been the victim of an atrocious act of revenge. It was 
discovered that his murderers were five youths of from 15 to 19 
years, who had committed this horrible crime for the purpose 
of getting money for a visit to a brothel, and that all had wanted 
to have a part in stabbing the victim. 

All great criminals have given proof of perversity in their 
youth, especially at the age of puberty and sometimes even be- 
fore. This was true of Bonsegni at 18 years of age, of Boulot at 
17, and of the Marquise de Brinvilliers at 18. At 7^ Dombey 
was already a thief, and added sacrilege to his theft at 12. At S 
Crocco tore out the feathers of living birds; Lasagne cut oot 
the tongues of cattle at 11; at the same age Cartou<die stok 
from his schoolmates; while Mme. Laf argue, as a child 6i 10, 
strangled fowls. Feuerbach tells of a parricide who had taken 
great delight as a child in making hens jump about after he Iiad 
put out their eyes. 

"The tendency to theft," says Locatelli, "shows itself in ex- 
treme youth, beginning with little pilferings at home and in- 
creasing gradually. Murderers, on the contrary, become sud 
all at once, frequently at a tender age. It is for this reason that 
children below the age of puberty who have already conmiitted 
homicide are less rare than second-story thieves of the same 
age. 

In the prisons of Paris there are no less than 2000 youths 
from 16 to 21 years of age, 996 of whom are incarcerated for 
murder or theft, and the assassinations committed by these 
young criminals are marked by the most horrible ferocity. 
Maillot and Gille killed their benefactress with the aid of their 
comrades, and bit off her fingers to get her rings. The youngest 
of this band was 15 and the oldest 18. Each of the ParisiaD 
bands of young assassins included a girl who had scarodlj 
reached nubility.^ 

» D'HauBSonvUe, "L'Enfance k Paris," 1876. 



§ 801 AGE — PRECOCITY 179 

PipinOy Bagnisy Quartery, Verzeni, Moro, and Prevost began 
with assassination. Prevost later was an irreproachable agent 
of police for 21 years. Martin killed his own wife, having pre- 
viously been perfectly reputable. Charles IX was cruel from 
childhood. 



§80. Criminality at Different Periods of Life 

Each period of life has its own form of criminality, as Quetelet, 
Guerry, and Messedaglia have very well shown. Youth and 
old age are found in Austria to furnish the greatest number of 
sexual crimes, 83%. Guerry also finds the two highest points 
for these crimes to be between 16 and 25, and between 65 and 
70 years. In England the greatest number of crimes contrary 
to nature are committed by persons between 50 and 60; but 
doubtless what is taken for crime at this age may often be the 
result of creeping paralysis and senile dementia. Another ten- 
dency which is 'observable in youth is that toward arson (30.8% 
in Austria) ; and in this case also it is to be noted that mania 
before the age of puberty is apt to take the form of pyromania. 
A similar observation may be made with regard to theft; but 
Quetelet observes that if the tendency toward theft is one of 
the first to show itself, it also makes itself felt throughout the 
whole life, and is common to every age-period.^ 

In the period of manhood the predominant crimes are mur- 
ders, homicides, infanticides, abortions, and rape, amounting in 
Austria to about 80%. At a riper age there is an increasing 
number of libels, frauds, breaches of trust, crimes contrary to 
nature, instances of blackmail, and of aid given to criminals. In 
old age there are to be observed crimes contrary to nature, aid 
to criminals, breach of trust, swindling, and, what furnishes a 
new analogy with the crimes of youth, arson. We may get a 
more exact notion of the distribution of crime according to age 
from the following table, in which is given the number of per- 
sons out of 1000 of the same age who were indicted in France 
between 1826 and 1840 :> 

* Quetelet, "Physique Sociale " p. 325. 

* After Guerry, "Statistique Morale de la France/' p. 84. 



CRIME: ITS.CAUSES AND REMEDIES 



[580 



Under 16 

i«-ei 

21-25 
25-30 
80-35 
35-40 
40-45 
45-50 
50-iS 
M-flO 
80-65 
65-70 
70-80 
Over SO 




CHAPTER XIV 



SEX — PROSTITUTION 



§8z. Sez 

ALL statistics show that women are much less criminal than 
men, and this will be even more striking if we regard those 
guilty of infanticide as outside of the regular criminal class. In 
Austria female criminals do not reach 14% of the total; in 
Spain th^ are under 11%, while in Italy they are only 8.2%. 
Bringing together the different data ^ we get the following table, 
showing the part played by women in crime in different coun- 
tries of Europe: 





Men 


Women 


Number of men 
to 1 woman 


Italy (1885-89) .... 


84.1 


15.9 


5.2 


Great Britain (1858-M) 


79.0 


21.0 


8.8 


Denmark and Norway . 


80.0 


20.0 


4.0 


Holland 


81.0 


19.0 


4.5 


Belgium 


82.0 


18.0 


4.5 


France 


88.0 


17.0 


4.8 


Austria 


88.0 


17.0 


4.8 


Baden 


84.0 


16.0 


5.8 


Prussia 


85.0 


15.0 


5.7 


Russia 


91.0 


9.0 


10.1 


Buenoa-Ayres (1892) 


96.4 


8.6 


27.1 


Algeria (187^-80) . . . 


96.2 


8.8 


25.0 


Victoria (1890) .... 


91.7 


8.8 


11.0 


New South Wales . . . 


85.5 


14.5 


5.8 



Bringing together the figures for all classes of delinquents 
convicted in Italy during the years 1885-89, we get the follow- 
ing yearly averages: 

^ A oomplete bibliography will be found in Lombroso and Ferrero's 
"Female Offender." 



182 CRIME: ITS CAUSES AND REMEDIES [§ 

For the men For th« vomen 

186.823 H,S3T 

If, however, we take account of the fact that the cases paned 
upon by the justices of the peace are the least serious, those whidi 
come before the Assizes are the most serious, and those which 
come before the Tribunals are of a degree between the two, we 
shall see that the female offenders are distributed in an inverse 
ratio to the gra^'ity of the crime. Thus for each 100 men the 
following number of women were convicted in the three classes 
of courta: 

Justice courts il .9 women 

Tribunals 9.2 " 

Assizes 6,0 " 

Almost all the statistics show that women take up a life of 
crime later than men. Oettingen places the climax of female 
criminality between the 25th and 30th years, while Quetdet 
calls it about the 30th year. With men the maximum of eriin- 
inality is reached at 24. In Italy in the years from 1885 to 
1889, for each 100 crimes committed by male delinquents of 
the various age periods, the following were committed by female 
delinquents: ' 





JusUces ot 

the peace 


TribuiuJs 


Aidio 


Under U 


22.5 


10.1 


0.0 


11-21 


22.2 


9.0 




21-60 


21.6 


8.4 


6.5 


Over 50 


23.1 


10.6 


II.l 



We see, accordingly, that for all classes of crimes female 
criminality reaches its highest point, as compared with that of 
men, at the most advanced age; that is to say, when the special 
characteristics of sex have been effaced by age, and when pros- 
titution no longer offers a career. The second highest period ol 
female criminality is to be found in the age below 14, when the 

' Rencoroni, "La Crimimdita Femminile" (Arch, di Pacluatria, 1893)' 



§82] 



SEX — PBOSnrUTION 



183 



sex characteristics are not yet fully developed.^ This is not 
true, however, of the gravest offenses; for among the girls below 
14 there was not one convicted at the Assizes, while of the boys 
of that age there were 4650 convicted out of 10,000,000. 

In Germany 3.8% of the female offenders and 2.6% of the 
male are over 60 years old. For every 100 criminal men over 
60 there were 25.4 criminal women of the same age, while be- 
tween the ages of 21 and 40 there were only 19.6 criminal women 
to 100 men. During the years 1876-80 among the juvenile de- 
linquents there were 16.3 girls under 16 to 100 boys, and 17.7 
girls under 21 to 100 boys of like age. Female delinquency has, 
then, one of its high points during youth, a fact to be explamed 
by prostitution among girls not yet of age. According to 
Parent-du-Chdtelet 15% of the French prostitutes were over 
17 and under 21 years of age, while according to Guerry 24% of 
the London prostitutes were under 20. 

§82. Specific Criminality 

Women as criminals are naturally active in other spheres 
than those which men occupy. In Austria women are most 



^ In Italy in 
were divided into 


the years 1871-72 juvenile criminals of the two sexes 
) age groups as foUows: 




Of 100 girls 


Of 100 boys 


Under 10 








25.5 
43.5 
27 
4 


18 


11 to 14 . 
15 to 18 . 
Over 18 . 




 • • 
> • • 


• • • • 

• • •  

• • • • 


57 

23 

2 



In Austria out of 100 criminals of either sex there were: 



Age 


Women 


Men 


10 to 20 


12.7 
42.1 
24.5 
14.0 
7.3 
2.9 


10 6 


20to30 


30.6 


30to50 


27.8 


50to60 


12.5 


60 to 70 


5.7 


Over 70 


1.6 







I 



r 



184 CRIME: ITS CAUSES AND REMEDIES [§82 

ofteD guilty of abortion, bigamy, libel, participation in crimes, 
arson, and theft; they are more rarely guilty of homicide and 
forgery. In France their principal crimes are infanticide, abor- 
tion, poisoning, parricide, maltreating of children, domestic 
thefts, and arson. In England they are beginning to be more 
often guilty of passing counterfeit money, perjury, and libel; 
and homicide also is slowly increasing there. In studj-ing the 
situation in Italy, Rencoroni {pp. cU.) arrived at the following 
results: 



1 



Crimes (assizes) 


Average of 

three years 


To 1.000.000 


WonKOto 


Men 


w„„ 


Men 


Womni 


100 DKO 


Crimea against the State . 
Forgery and commercinl 

v^^. etc. : : : : : : 

-S«u«l crimes 

""ToUoning 

AssauU 

Highway robbery .... 

Thdt 


9.2 

34,5.8 
114.6 
251.0 

10.8 
144.0 
4.4 
890.2 
473.8 
SIO.S 

22.8 

w.e 

42.2 


0.6 

24.0 
1.0 

15.6 

5i.e 

49.2 

5.4 
34.2 

5.9 
G0.8 

1.4 
18.6 

8.8 


5.472 

22.822 
6.876 
17.8 
0.618 
75.504 
0.264 
59.346 
35.630 
60.0GO 
1.368 
6.520 
2.652 


0.036 
1.440 

0-ose 
siose 

2.052 
0.324 
2.052 
0-348 
4.012 
O.0S4 

i.tie 

0.288 


0.5 

6.9 
0.8 
5.18 

478^ 
3.4 

122.7 
SJ 
IJ 


Receipt ot stolen goods . 
Arson 





We saw above that on an average 6 women are condemiwd 
at the Assizes for each 100 men. The figures are higher for the 
following crimes: 

Number of womoi 

Receiving stolen goods 90.2 

Poisoabg IM.7 

Abortion, infanticide 4T6.8 

Arson 8.( 

These four crimes, then, seem to have a closer coonectioa vi& 
the feminine nature. 

That women less often are engaged in highway rMnetJ. 
murder, homicide, and assault is due to the verv luitore ot ^ 



§831 SEX — PEOSTTTUnON 185 

feminine constitution. To conceive an assassination, to make 
ready for it» to put it into execution demands, in a great num- 
ber of cases at least, not only physical force, but a certain energy 
and a certain combination of intellectual functions. In this sort 
of development women almost always fall short of men. It 
seems on the other hand that the crimes that are habitual to 
them are those which require a smaller degree of physical and 
intellectual force, and such especially are receipt of stolen goods, 
poisoning, abortion, and infanticide. I specify intellectual force 
and not education, for it is well known that poisoners are 
often well educated persons. Qu6telet has already remarked 
that these differences proceed not so much from slighter per- 
versity of character as from a more retired way of life, which 
gives less opportunity for such crimes as highway robbery; and 
from a smaller degree of strength and intelligence, on account of 
which women commit fewer murders and crimes requiring the 
use of the newspapers. But in domestic crimes they equal, and 
sometimes even exceed, the men. In poisoning they reach 91% 
and in house-theft 60%, to say nothing of abortion and infanti- 
cide. If we add that the great niunber of sexual offenses com- 
mitted by men are not only equalled but surpassed, at least in 
the eyes of the psychologist, by prostitution on the part of the 
women, and that in the more civilized countries and periods the 
criminality of women continually increases until it approaches 
that of men, we find that the analogy between the two is greater 
than would have been believed possible at first sight. 

§83. Prostitiition 

The comparative infrequency of the arrest of women for 
vagrancy ^ is due in part to the fact that women are less given 
to drink, in part to the fact that they are less employed in trade, 
and finally to the fact that in youth prostitution completely 
takes the place of crime.^ With this unhappy profession idle- 

1 Tlie American reader will have to remember that in the United States 
m Dugdale points out, "vagrancy" as applied to a woman is frequently 
odIv an "oflSeial euphonism for prostitution." — Transl. 

> For the oomi^ete demonstration of this see the work of Lombroeo 
md FeR«n> dted above. 



186 CRIME: ITS CAUSES AND REMEDIES [§83 

ness and vagabondage are inseparably bound up. If cases of 
prostitution are included in the criminal statistics the two sexes 
are at once placed on an equality, or the preponderance may 
even be thrown on the side of women. According to Ryan 
and Talbot there is 1 prostitute to each 7 women in London, 
and in Hamburg 1 to each 9. In Italy, in the great centers, 
they form 18% to 33% of the female population of like age.' 
In some countries the proportion has doubled and in some 
increased even tenfold. In Berlin the number of prostitutes 
increased from 600 in 1845 to 9653 in 1893. In 1876 Du Camp 
placed the number of secret prostitutes in Paris at 20,000. 

We have seen, and shall see more and more, how the physical 
and moral characteristics of the delinquent belong equally to 
the prostitute, and how great the sympathy is between the two 
classes. Both phenomena spring from idleness, misery, and 
especially from alcoholism. Both are connected, likewise, with 
certain organic and hereditary tendencies, as Dugdale has dem- 
onstrated in connection with the Juke family. 

"When I compare the data brought together in technical 
writings," says Locattlli, " with the results of my own experience, 
I am convinced that those authors have fallen into error who 
allege that the principal cause of prostitution is abandonment, 
or the misery into which many of the young girls of the prole- 
tariat are plunged. Prostitution, in my opinion, like theft, 
springs from vicious natural tendencies of certain individuals. 
Lack of education, abandonment, poverty, and bad example 
can be considered at most as secondary causes; just as fanuly 
care and instruction may serve as salutary checks upon e\Tl 
tendencies. The tendency to prostitution proceeds from a fun- 
damental lack of the sense of modesty, which often mamfesti 
itself at the same time as the absence of all sexual feeling, for 
many of these unfortunates are of an apathetic temperament. 
They are automatons, who concern themselves with nothing and 
have almost no feeling; in their many and fleeting relationships 
they show no preference. If they ever show favor to some par- 
ticular lover, they do it, not from sympathy, but because it is 
the custom of their associates; they show themselves as indil- 
ferent to homage as to the most brutal abuse." 

This apathy, it is true, is interrupted from time to time by vio- 
lent and fugitive fits of passion ; * but here also there is a striking 
' Castiglioni, "Sulla Proatituzione," Rome, 1871. 




§84] SEX -PROSTITUTION 187 

resemblance to the criminal, with whom apathy, insensibility, 
violent and transitory passion, and idleness are dominant 
characteristics.^ But even if we hold strictly to legal definition 
and official statistics, it is plain that a part of the army of pros- 
titutes must be enrolled as criminals also. Guerry observed 
that in London 80% of the female criminals under 80 years of 
age came from among the prostitutes, and 7% of those over 
that age. Furthermore, prostitution, like female criminality, 
tends to increase with increasing civilization and approach to 
male criminality in amount. In London in 1884 the female 
criminals were 18.8% as numerous as the male, and in 1858 
25.7%; while in Spain the figure was as low as 11%, in France 
20%, in Prussia 22%, in Scotland 23%. In Austria in general 
the female criminality is 14% of the male, but in Vienna it is 
25%. 

But aside from these facts many other grave reasons make 
us suq)ect that the criminality of women is greater than the 
statistics show. The crimes mentioned above to which women 
are particularly addicted are just those which are most easily 
concealed and most rarely lead to trial. To this may be added 
the well known fact of the greater obstinacy and intensity of 
criminality when it appears in a woman. Thus in America 
delinquent girls have shown themselves more incorrigible than 
boys. However, it must be remembered in this connection 
that female criminals show fewer marks of degeneracy than 
criminal men. 



§84. Civilization 

In both sexes, but especially in the case of women, we see 
that the more serious crimes regularly increase as civilization 
decreases. On the other hand, the relation of the degree of 
civilization with vagrancy and similar offenses and with sexual 
crimes is not so definite. The following table gives the ratio 
which the frequency of the various crimes in southern and 
central Italy bears to that of the more civilized part of the 
kingdom: 

^ Lombroso, "Homme Cximinel/' VoL I. 



CRIME: ITS CAUSES AND REMEDIES [§84 

NCMBEB OF CBIMBa TO 1 COUaTTBD IN NOBTBERN ItALT 





CeotnllUly 


Southern Italy 




By men 


B,wo.„ 


By men 


By women 


Murder and homicide . . . 


S 
$ 


4 

e 

s 

1 


18 

e 

4 

1 


U 


Highway robbery . . . . 


S 











i 



Abortion and infanticide are more frequent at an early age 
the more ci\Tlized a country is, but more frequent at an ad- 
vanced age the less civilized it is. This appears to be due to 
the fact that the more civilized a countiy is, the more will fear 
of public dishonor induce a young girl who becomes pregnant 
to take criminal means to save her reputation. But where these 
crimes are most frequent between 21 and 40, it is not a clinging 
to reputation so much as an unfortunate custom that is the 
cause. It may be remarked in this connection that abortion 
is a widespread practice among savages. 

The number of persons sentenced by the "correctional tri- 
bunals" in France increased from 1831 to 1880 by 180% for 
the men and 110% for the women. The increase of school 
instruction in France, then. left the female criminality even 
lower than before in proportion to that of the men. While in 
1888 among the recidivists 1% of the men had a higher edu- 
cation and 9% an elementary education, none of the women 
had a higher education and only 5% an elementary one; o( 
the men 30% were absolutely illiterate, and 47% of the women. 
Of 244 criminals transported in 1887-88, 30% of the men and 
39% of the women were illiterate, 53% of the men and 51% of 
the women could read and write, 15% of the men and 10% of 
the women had an elementary education, and 2% of the men 
but none of the women had a higher education. The same 
phenomenon is equally to be found in Germany. In 1854 23% 
of the crimes were committed by women, in 1878 only 16%; 



§ 84] SEX — PROSTITUTION 189 

so that in this period there was a constant diminution in female 
delinquency. In the country the infanticides are more frequent, 
and in the cities the abortions. Thus in Germany in 1888 out 
of 172 infanticides only 1 took place in Berlin, while of 216 
abortions 23 occurred in Berlin. In France 75% of the infanti- 
cides take place in the coimtry, and 60% of the abortions in the 
cities. 

In many of the more highly civilized countries, such as Eng- 
land and Austria, female delinquency appears for a moment to 
be approaching that of men; but this is due to the influence 
of petty offenses, drunkenness, vagrancy, etc., while as regards 
crimes proper, the criminality of women is much less than that 
of men and tends to diminish rather than increase. In coun- 
tries still barbarous, female delinquency is infinitely less, so 
that in Bulgaria Laveleye found almost no women in the prisons. 
If we look at the effect of great cities upon each crime in par- 
ticular we see that assaults, highway robberies, and thefts are 
more numerous in the great cities than in the small towns or 
in the country. In Berlin, for example, the increased density 
of the population is a manifest cause of the increase of crimes 
committed by women; in fact, 21% of the crimes in the capi- 
tal are committed by women, as against 16% for the Empire 
at large. In England during the years 1859 to 1863 for every 
100 men convicted at the Assizes there were respectively 35, 
36, 38, 33, 31, and 32 women; but among the arrests made by 
the London police during about the same period (1854-62) 
there were 57 women to 100 men, while in Liverpool the ntmi- 
ber was 69, and in Dublin 84. 

Fewer crimes against property are committed by married 
women (and men) than by unmarried; but of crimes in general 
the married woman above 30 years of age commits more than 
the unmarried, though a similar statement cannot be made with 
regard to married men until they have passed the age of 70, — 
a fact which may be attributed to crimes against the person, 
against the state, etc. 



CBJME: ITS CAUSES AND REMEDIES 



[§85" 



iSs- Recidivists 

In France the number of recidivists has increased as follows: 

PeaicBNTAOE or Cbihinals who abb RsciDivisTe 



Y„» 


Hen 


W<»«l> 


lMI-56 


36 




18Sff-60 


SO 




iBei-es 


42 


17 


1868-70 


4S 




1871-76 


51 




1877-80 


63 


21 



Male criminals are, then, much more apt to become recidi- 
vists than women, and this tendency increases with advancing 
civilization, as the figures show; aad this may fairly be main- 
tiuned, notwithstanding the allowance that must be made tor 
error because of the fact that nowadays recidivists are much 
more easily recognized than formerly. It is well known that 
prisoners in penitentiaries relapse into crime almost immediatdy 
upon their release, or at least within a short period of years, u 
shown in the following table: 



Relcahed C^n-victs 



Rccuivmu 



Yotf 


Men 


Womea 


ISSI-M 

1856-aO 


1 


1 


186«-70 

1871-7S 

1876 

1977 







In Germany the results are a little different (Starice). Al- 
though in 1869 there was a somewhat smaller proportion of 
recidivists among the female criminals, the number rose grado- 



§851 



SEX — PEOSTrnjnoN 



191 



ally, and by 1882 had reached the percentage shown by the 
men. 

RxdOIVISTB IN GbRMANT 



Year 



1860 . . 

1870 . . 

1871 . . 

1872 . . 
1878 . . 

1874 . . 

1875 . . 

1876 . . 
1877-78 
1878-79 
187»-80 
1880-81 
1881-88 



Men 



71.44% 

74.00^ 

80.88^ 

77.«9^ 

80.66< 

774» 

79.08 

79.66V0 

78.47% 

79.18% 

77.18% 

76.42^ 

78.76< 



Women 



64.98% 

74.»% 

78.85% 

74.16% 

77.46^ 

77.16< 

84.26% 

78.17% 

76.76% 

75.80% 

75.19% 

77.77*^ 

78.J 



Total 



76.74% 

80.1J 

77.84< 

79.85^ 

79.^ 

78.25< 

78.61< 

76.84< 

76.47^ 

78.87%) 



Messedaglia has shown that repeated relapses mto crime are 
more frequent with Austrian women than single relapses, while 
in the case of male criminals the two are about equal. The 
same thing is observed in Prussia, where 16% of the female 
cases are of women arrested for the first time, 17% are women 
arrested after the first relapse, 24% after the 6th, and 30% 
after 7 or more relapses. 

In conclusion we may affirm: 

1st, Female delinquency is only a fourth or a fifth that of 
men, and only one-sixteenth if we consider simply serious crimes. 

2d, Female criminality reaches its highest point, as compared 
with male criminality, in advanced age, the period of youth 
coming second, and middle life last. Taking the criminality 
of women absolutely, without reference to that of men, we find 
the maximum in old age good only for the more serious crimes.^ 
In both sexes the proportion of crimes committed in youth b 
very high. 

3d, In comparing the criminality of the two sexes we find 
women participating more often in crimes which require less 
bodily strength, less culture, and less intellectual energy. 

1 Aooording to Ma3rr the maximum of criminality is found m men 
between 18 and 21, and in women between 30 and 40. 



192 CRIME: ITS CAUSES AND REMEDIES [fW 

4th, In both sexes youth leads in Crimea resulting from sud- 
den anger, and maturity in crimes that require premeditation. 
With women, however, the period of maturity leads in murder, 
homicide, and arson. Middle life (from 21 to 50 years) exceeds 
the two others in the total number of crimes. 

5th, The figures for crime in general, as well as for each clas.? 
of crime, for each ses, and in each country, are in general very 
consistent. In Italy, however, among the men serious crimes 
are decreasing, minor offenses increasing among both sexes, but 
in the case of the women serious offenses are on the increase 

6th, Abortion and infanticide appear to be committed by 
women more from feelings of shame and less from ancient cus- 
tom, the more civilized the country. Thus in northern Italy 
these crimes are more common in youth, in southern Italy th^ 
are committed by the mature. 

7th, The effect of great cities upon the increase of crime is 
more marked in the case of women, and shows itself especially 
in the multiplication of assaults, highway robberies, and thefts. 

8th, Prostitution largely takes the place of crime for women, 
thus explaining why women seem less criminal than men, and 
also giving a probable reason why female criminality is greatest 
in old age, when prostitution no longer offers a profession. 



W", 



CHAPTER XV 

CIVIL STATUS — PROFESSION — UNEMPLOTBfENT 

§86. Civfl Status 

know that the age of maximum criminality is between 
15 and 25, and that the majority of female delinquents 
are prostitutes or minors; it is hardly necessary to add, then, 
that it is the unmarried who show the greatest criminality. 
Taking out those who have not yet reached marriageable age, 
we get from the statistics for Italy for the years 1890 to 1894, 
the following mmiber of persons sentenced out of 1000 in the 
same condition in life: unmarried, 48.9; married, S9.7; widow- 
ers and widows, 14.3. In Austria the proportion of the un- 
married among the criminals is S5% greater than among the 
lest of the population, while the proportion of married crim- 
inals is 18% less than that of married persons in general. Wid- 
owers sentenced for crime are a smaller part of the criminal 
dass by 56% than are widowers in the normal population. 
Similar relations obtain among the insane, and for similar 
reasons. According to Verga there is 1 insane person to 474 
unmarried persons between the ages of SO and 60, and 1 to 
1418 married persons. Upon the basis of the statistics for 
1841-^7 Girard found: 

1 mnne person to 2160 unmarried 
1 " " •• 7004 married 

1 •• •• •• 4572 widowers 

With r^ard to sex Lunier found for the years 1856-62: 

1 insane person to 2089 men* 2081 women, unmarried 
1 " " •• 4754 " 5454 " married 

^ « M «• 3^^ widowers. S250 widows 

It is, however, to be noted that among criminals, as well 
aa among the insane, widows are much more numerous than 
lowers, a fact that Messedaglia in Austria and Lolli in Italy 



194 CRIME: ITS CAUSES AND REMEDIES [587 

explain by the greater number of widows to be found in the 
population. It has been noted in Austria, Italy, and France 
that Djarried men and widowers who have children commit 
offenses much less frequently than the childless. The contrary 
is true according to Guislain and Castiglioni, however, witll 
regard to the frequency of insanity, a fact expl^nable by the 
anxiety occasioned by the needs of a large family.' 

5 87. Professions 
It is rather difficult to determine the influence of occupatitm, 
on account of the system of classification and nomenclature 
commonly employed in statistics, — a system which, however 
useful for economists, is hardly suited to the purposes of the an- 
thropologist; as, for example, when there are grouped together 
innkeepers and merchants, soldiers and agricultural laboren. 
metal-workers and cabinet-makers, or artists and professionil 
men. The comparison becomes additionally diflScult when the 
statistics of recruits and the census statistics each have their 
own mode of grouping. According to the latest ItaUan statistic! 
the following numbers of convictions (to the 1000) occurred ia 
the various classes of occupation: 

Agriculture 8.9 

MulufMrturiae 7.4 

Comment 18.8 

Public service snd the liboaJ profcnkMS .... 3.5 

Domestic service S.8 

The greater criminality among merchants may be explained 
by the greater activity of business life, as well as to the increase 
of this class since the last census in 1881. They furnish not only 
the large number of commercial frauds that would naturally 
be expected, but also a considerable number of hbels and other 
siiuilar crimes. The offenses most common among the agricol- 
tural population are theft (36%) and assault (22%). This 
cla.«s furnishes only a very small number of the other forms of 
crime. Among factory-workers also there are a large number 
of convictions for theft and assault, but in comparison with the 
agricultural population they show more of a tendency towsid 
' Vei^a, "Se U Matrimonio," Milan, 1870. 



§871 



CIVIL STATUS, ETC. 



195 



resistanoe to the officers of the state (11%), and toward libels 
and frauds. 

If we go on now to take up certain occupations in detail, we 
shall see that the highest proportion of persons convicted is 
found among pedlars (44 to the 1000), and of these relatively 
large numbers are for theft (80%), resistance to officers (20%), 
and sexual offenses. Butchers also show a large nimiber of 
convictions (87 to the 1000), being guilty principally of resistance 
to the authorities and frauds in business. Then come draymen 
and cab-drivers (26 to the 1000), who are arraigned most fre- 
quently for resistance to the authorities, and for crimes against 
property and persons. The learned professions and domestic 
service contribute only a small quota of criminals (2.94 and 
8.93 to the 1000). In the first class forgery is the most common 
crime, and house-theft in the second. Marro found in Turin 
the smallest nimiber of delinquents (2 to the 1000) among the 
huntsmen, priests, students, school-teachers, fishermen, and 
umbrdla-makers. A fairly small nimiber (8 to the 1000) he 
found among the lithographers, marble-workers, carriage- 
makers, gardeners, masons, and tanners; and a somewhat 
higher one (14 to the 1000) among the brokers, writers, weavers, 
and hairdressers, the last being guilty of sexual crimes almost 
exclusively. 

The following table gives the percentages of certain pro- 
fessions among criminals compared with the percentages of 
the same professions in the normal population: 



Muoos 
BaIkis . . 
LodEimiths 
Sboemaken 
Students . 



Amoi 
criminals 



>ng 
mua 




In nonnal 
population 




Bakers and masons have a strong representation, because they 
are paid daily and have no need of a long apprenticeship. The 
occupations carried on in the city which involve most exposure 



196 CRIME: ITS CAUSES AND REMEDIES [§87 1 

to alcoholism {cooks, shoemakers, innkeepers), which bring the 
poor into contact with the rich (domestic ser\'aats), or which 
furnish the means of committing crime (masons and locksmiths), 
furnish a large contingent of criminals, and an even higher 
proportion of recidivists. A philological confirmation of part 
of the above is found in the derivation of cogTiin (rascal), from 
the Latin coquus (cook). The occupations which bring men 
less into contact with their fellows, such as those of [>easaDts 
and boatmen, fumish the smallest proportion of criminak, and 
also of recidivists. In France the greatest tendency to sexual 
crimes is found among the shoemakers, — a fact to be referred 
to their alcoholism, and to the effect upon the genital organs of 
their position when at work. The same attitude toward cnme 
in the ease of the various occupations is found in the other 
civilized countries. The following table gives the number of 
persons (to the million) convicted in Austria, classified accord- 
ing to occupation: 

Feraoos engaged in kgiicultun 

Proprietora and tenonta U.8 1 

Stewards SS.t>40S 

~ " JS1.6) 



Fenons engftg^ in macutactuiing aj 

Entrepreneura «3.8 ) 

Agents 13.0 [ 37.T 

Workmen 45.5 ) 

Other occupatioiu 



Domestic servants WM 

Other occupations IM 

Persons without occupation (including women ttad children) U 

General population of Austria, excluding those without occupation . . ttJ 

Leaving out of account the persons without profession, « 
including the women and children, the smallest contingent td 
crime is furnished by the property-owners and members of the 
learned professions. 

If we divide crimes of \-iolenee into those which are pre- 
meditated and those which are not, we get the following num- 
bers (to the million inhabitants) for the various occupations: 



1 



CIVIL STATUS. ETC. 



197 



ded praprieton 

icultunl laborers 

lufocturen . 

ionen in factories 

petty owners and stockholders 

ami professions 

nestle servants 



Plremeditated 



17.8 

14.4 
8.9 

18.2 
8.2 
8.3 

24.7 



Not pre- 
meditated 



25.3 
26.2 
12.7 
24.8 
6.2 
1.4 
11.2 



Infanticide 



4.2 
11.0 
2.2 
8.0 
1.4 
1.4 
97.7 



n France the various occupations are grouped in a manner 
erent from that employed in Austria, and they are also given 
( in detail. In the group of liberal professions are included 
ly officers, capitalists, and stockholders (a very numerous 
ss in France). The industrial and commercial classes are 
. distinguished, nor are country proprietors distinguished 
tn farm-laborers. During the years 1876-80 there were the 
owing numbers of convictions (to the million inhabitants) 
crimes of violence: 

Persons without occupation, beggars, vagrants, prostitutes, 

inm^f^^ of almshouses 59.2 

Domestic servants 25.9 

Agricultural class 24.8 

Industrial and commercial class 18.1 

liberal professions 10.6 

all the groups, aside from those without occupation, we 
i a complete analogy with the Austrian statistics, and may 
iw the conclusion that analogous social conditions produce 
dogous results in difiPerent countries. 

[n France, according to Yvem^s there were in 1882 the 
[owing indictments for each 100,000 males of the same oc- 
>ation: 

Property owners and stockholders 6 

Public officers 12 

Farmers 16 

Farm servants and laborers 24 

Industrial workers 25 

Liberal professions 28 

lYansportation and merchant marine 35 

Commercial class 38 

Personal servants 49 

Oociqiations not dassiJBed or unknown 54 



CRIME: ITS CAUSES AND REMEDIES 



:§87* 



According to Tarde's last researches,' the number of persona 
convicted in France, to 10,000 of each class of occupation, b as 
follows : 

Agriculture O.M 

Manufacturiiig 1^ 

Commerce 1.00 

In France, as in Italy, the agricultural cla^s furnishes & 
smaller contingent of criminals than the manufacturing or com- 
mercial classes. We note here the enormous difference between 
the number of persons indicted in the country and of those 
indicted in the city, a tact certainly due to the harmful en- 
vironment in which the latter live. According to earlier re- 
searches of Fayet, the agricultural population, which was 53% 
of the whole, in 1847 furnished only 32% of the crime. It is 
well to note in this connection that agricultural servants, though 
exposed to great poverty, furnish only from 4% to 5% of the 
crime, while servants in the city furnish 7%. This latter class, 
with the innkeei>ers, furnish one-third of the iofantiddea, 
one-sixth of the thefts, one-ninth of the poisonings, doubtless 
because of the loss of the sense of personal dignity that the 
state of dependence always brings in its train. I emphasize 
this especially because alcoholbm is rare among domestic ser- 
vants, and hence they are less exposed to one of the principal 
causes of crime. Fayet observes, however, that the majority 
of parricides, 108 out of 164, spring from the country popula* 
tion. Fayet further finds a considerable number of offensei 
against modesty among masons and painters, of rapes among 
cab-drivers, and of infanticides among hat-makers and laundiy- 
workers (these last doubtless because of the large number of 
women so employed). Among merchants crimes against prop- 
erty are especially abundant, as they also are among prof«a- 
sional and moneyed men; among tlie latter, unfortunatdf. 
these crimes are increasing, especially with the notaries and 
attorneys, and in a les.s degree with property owners. In 
France in the years 1833-39 there occmred the following 
numbers of crimes for each 10,000 men over 26 years of age 
in the specified classes: 

' "Aotee du Congr^ d'Antropologie Criminelle de Gen6Te," 1897. 



§87] CIVIL STATUS. ETC. 199 

PrieaU 10 

Solicitofs 58 

Advocates 74 

NoUrics 1« 

Bailias les 

Joly rightly remarks that their knowledge of the law, their 
privileges, education, and well-being, ought to ensure that the 
professional classes would manifest few criminal tendencies. 
Yet on the contrary they are corrupted by success or by the 
parasitic character of their work, which t«mpts them to make 
the most gain out of their profession, instead of firing them 
with noble ambition. He notes that up to the year 1881 the 
number of notaries annually removed from office was from 18 
to i5, but that in 188iJ it was 40, in 1883 41, and in 1884 58, 
After a sUght decrease in the next two years the number in 
1887 leaped up to 75. According to the French criminal statistics 
the number of notaries indicted is 43 to the 10,000, while there 
ia about 1 indictment to the 10,000 in the general population. 
The criminality of notaries is accordingly 43 times greater than 
that of the population as a whole. Notaries and bailiffs fur- 
nish more criminals than individuals of the same sex and age 
in the other higher professions. A tenth of the murders, a 
seventh of the homicides, an eighth of the parricides, an eighth 
of the rapes upon girb under 15, and an eighteenth of all other 
crimes, have been committed by professional men or men of 
wealth, while these classes constitute but an eighteenth part of 
the total population.' This proves clearly the corrupting influ- 
ence of higher education, and at the same time shows how 
httle influence intimidation has in overcoming temptation, since 
advocates and bailiffs know better than anyone else the penal- 
ties which the law threatens. 

In Prussia the liberal professions furnish 2.2% of the popula- 
tion and 4% of the criminals; domestic servants fumiahed 2% 
of the population and 12% of the criminals.' 

The data with regard to Russia that are accessible to roe have 
reference to 9229 crimes of violence committed' in the years 
1875 to 1879. Below is given a comfurison of these, as regards 

 F&yct, "JoumftI dee EconomieteB," 1647. 
* Oettingen, "Moralstatistik," p. 37. 



200 CRIME: ITS CAUSES AND REMEDIES [SSTl 

distribution by occupation, with the statistics for Austria and 
France: 




Rii»a 


Auatm 


Fnnc« 


Percent 


Percent 


PerccBt 


Manufuctures J PreprielorB . 
and commerce 1 Woritmen . . 


47 J „„ 
MB *"^ 
" inn 

7.7 
1.B 
«,» 
6.7 

4.0 


Sl.« '"" 
" IBS 

OS 
1B.6 
8.8 

4.9 


  S0.7 

;■■ M.0 

8.1 
8.0 


Domestic Bcn-anU 

OceupatioD not determined . . 
Prostitutes and persona without 


Thus, while in Austria in the space of three years there were 
condemned for crimes of violence 4 persons belonging to the 
liberal professions, in Russia in a period of five years there were 
condemned for the same crimes 165 persons, of whom 88 were 
in the employ of the government, 59 were ecclesiastics, lawyeis, 
doctors, or technicians, and 19 were men of learning, students, 
or painters. The explanation of this excessive number of crimes 
of violence among the hberal professions in Russia is to be found 

the one hand provoke crime, and on the other are its natural 
consequence. 

As regards the criminality of women, we find that the higher 
figures are to be found among those engaged in commerce, aod 
that the most numerous crimes here are swindling, fraud, libel, 
and assault. The women engaged in factories and workshops 
are less given to theft than the women in the country, plainly 
because of the opportunity for field theft which tiie latter have. 
As regards the specific criminality of women in the different 

est number convicted of abortion (3 out of 100); and that the* 
employed in domestic service come next to coimtry women in 
the number of thefts (55 to the 100).' However, the figures 

' Booco, "1* Delinquenza FemminUe," Rome, 1897.  



§ 881 CrVIL STATUS, ETC. 201 

are too limited for us to draw any very definite and general 
conclusions, and in addition the great number of prostitutes 
confuses all our investigations, for it is certain that a large 
part of the country women arrive at criminal practices by the 
road of prostitution, carried on either openly or under the 
guise of service in the dty. "Frequenting large cities,** writes 
Parent-du-ChAtelet, "is harmful to women from the country, 
who appear from the statistics to give themselves up to prosti^ 
tution in direct proportion to their nearness to great centers." 
Half of the prostitutes of Paris come from among the seam- 
stresses and ironers; a third from the milliners, saleswomen, 
and hairdressers; a twentieth from the laundresses and factory- 
workers; and a few from among the actresses. 



§88. Soldiers 

It is important to make a separate study of the very high 
criminality of the soldier class, which, according to Hausner,^ 
is 25 times as great as that of the population as a whole. But 
there is certainly an error here, for the investigator has not ez- 
duded from the civil population the old men, women, and chil- 
dren. At any rate we find very different figures for Italy. If 
we study the crimes of the soldiers in Italy in the year 1872, 
we shall find that most of the charges brought are for actions 
whidi are not criminal outside of the army, such as insubordi- 
nation and malingering. We find, then, one person convicted 
to 112 soldiers. Now if we compare this figure with the pro- 
portion of persons of the same age (between 21 and 31 years old) 
who were found guUty in the general population (1 to 172), we 



1 












Number in population to each 
person convicted 




Civilians 


Soldiers 


In Austria 

" Holland 

" France 


856 
4330 
7460 


78 
173 
139 



202 CRIME: ITS CAUSES AND REMEDIES [gS 

shall see that while the figures for the military are worse, 
difference is not so very great; and even this difference becoi 
less when we leave out of account the women in the dvil ] 
ulation, since their criminality is 80% leas than that of 
men. 

But even if we must admit that there is a real difference 
seems to be the case in Germany), it is explained by the fi 
that the soldier continually has arms ready at hand, is at 
age most inclined to crime, is unmarried, largely idle, and foi 
into close contact with many individuals and in a narrow s 
(from which come the high figures for rape, pederasty, 
criminal associations); to this may be added in time of war the 
habituation to deeds of blood. Holtzendorff telb that a mur- 
derer, who had been a soldier, excused himself by saying that 
in the Austrian war in 1866 he had seen so many men killed 
that one more or less seemed a small matter to him. Lucian 
has said, "Men who follow war have neither faith nor piety. 
A curious and significant fact in connection with this is fur- 
nished us by philology, namely, that many military functioi 
were formerly exercised in such a criminal manner that thi 
have become synonymous with crime. Thus latrones were of- 
ficers ad laiue, aides-de-camp of the king, but instead of playing 
the courtier in the fashion of the present, they committed so 
many depredations that their name has become confounded 
with "robber." In our day we can hardly believe that "pirate" 
was a name originally used for marines, or that "brigand" 
formerly meant simply a kind of sharpshooter used in attacking 
a town. 

That warlike peoples are characterized by a high degree of 
cruelty is a fact that can still be seen in our own day, as Ham- 
mond has very well shown in his study of military psychology. 
The cruelty peculiar to the soldier is inspired partly by his con- 
tempt for the civilian class, a contempt that has come down 
from ancient times, and partly by having his excesses go un- 
punished. There are innumerable examples of such impunity 
in Germany, Russia, and Italy. In Coblenz a lieutenant killed 
with his saber a merchant who was passing, and was senlenceJ. 
to one year's imprisonment, a sentence made even shorter hf 



r- 
ur-  




§89] CIVIL STATUS. ETC. 203 

pardon; but when the mother of his victim complained of this 
in a violent letter she was fined (1894). In Berlin a soldier, 
named Laerke, while on guard duty, seriously wounded two 
workmen; his superior officers praised him highly for this pro- 
ceeding and promoted him (1S93). In Bologna, Monteleone, 
and Aquila armed officers have attacked peaceful citizens; and 
these examples could be prolonged indefinitely. The pretended 
chivalrous magnanimity, which is attributed to soldiers, is as for- 
eign to them as it is to the Middle Ages, in which it existed only 
in the imapnation of the romantic school. There are, it is true, 
exceptions, but their case is no less deplorable. These are the 
individuals whom the "service" has succeeded in making thor- 
oughly servile, so that they are no longer capable of directing 
their own lives, are without individuality or originality, and 
must always lean upon someone else, while the nation from 
which they were drawn sorely needs powerful arms and free, 
strong hearts- 

But what has most effect on the disproportion between the 
criminality of soldiers and that of civilians, is the smaller dif- 
ference in the former case between the apparent criminality, as 
Messedaglia calls it, and the real criminahty. In the army any 
crime is quickly brought to light and promptly punished, while 
in (nvil life, as is well known, not half the crimes committed are 
{hscovered and punished.* 



§ 8q. Tlie InUBS 

The influence of occupation upon insanity is less clearly 
ifemonstrated than in the case of crime; for it is not easy to find 
statistics which concern themselves with both rich and poor, 
fdnee these two classes are generally received into different 
Bsylums. However, from tbe French statistics, the complet- 
«t we have, we get glimpses of interesting analogies with 

' Of 233,181 caeca brought before the examining juaticea in Pnmce, 
^0,276 had to do with offenaea of which the authors were unknown. In 
1S63-66 in Bavaria 68% ot the Crimea and 54% of the miademcanora 
ffmwQed unpunished because either the offenders were unknown or their 
milt inauffioiently proved (Mayhew). 



204 CRIME: ITS CAUSES AND REMEDIES [§89 

dime.^ The insane are more than twice as numeious in the dty 
as they are in the country (S23 to 100), and men are more often 
affected than women (132 to 100) . Agriculturists furnish the mini- 
mum of insanity, and the liberal professions the maximum; and 
among these latter, artists and jurists show higher figures than 
officials and ecclesiastics. The investigations of Girard show 
the great frequency of insanity among domestics, metal workers, 
and miners. According to Bini and Golgi it is very common 
among shoemakers (1.2% to 8%), inmates of almshouses, and 
cooks (2% to 5%), with a very large number in the liberal 
professions (5%). According to the investigations of Girard 
and Baroffio, the military class gave the highest figures for 
insanity, 1.4 to the thousand. The researches of Lolly, which 
are the only ones for Italy that I am acquainted with, are very 
inclusive, and show insanity to be more common among the 
landed proprietors, the well-to-do classes, and the merdiants 
than among the agricultural classes. With this latter dass it 
is less conmion also than among artisans.' 

^ Lunier, "Nouveau Dictionnaire de Mddecine.'' Paris, 1872; Ginid 
de Caillouz, "fitudes Pratiques but les Alidnds," Paris, 1863. 

Girard (Seine, 1852) ^'^^^Sf*' 

1 insane person to each 

Artists 3292 104 

Jurists 544 119 

Literati 1035 280 

Ecclesiastics 706 253 

Physicians and pharmacists 1602 259 

OflScials 1621 727 

Bankers 2571 5487 

Domestic servants 609 

Shoemakers and tailors . . 1807 

Landed proprietors .... 5547 3609 

Agriculturists 11,403 18,819 

Soldiers 553 1711 

Miners 132 

Metal-workers 732 

Innkeepers, etc 1700 

* According to Lolly the various classes furnish the following ptf- 
oentages to the total population and to the number of the insane: 

Population Insane 

Agricultural class 49.0 % 34.00% 

Artisan " 12.3 % 12.90% 

Domestic " 2.64% 2.17% 

Landholding " 2.78% 6.23% 

Commercial " 2.70% 1.66% 

Ecclesiastical" 0.60% 1.37% 



§ 90] CIVIL STATUS, ETC. 205 

I must add that the occupations which accustom men to the 
sight of blood or to the use of dangerous weapons, such as the 
trade of the butcher, soldier, etc., or to a life of social or sexual 
isolation, like that of the shepherd, field guard, or priest, es- 
pecially when the exasperation of a forced chastity is added, — 
such occupations, I say, call forth both in the insane and in 
criminals a savage cruelty in their deeds, which is often ac- 
companied by abnormal lubricity. We may note also that 
poisonings are more frequently conunitted by physicians and 
pharmacists than by any other class. 

§ 90. Aversion to Work 

In connection with such investiga;tions as the foregoing, it is 
necessary to call attention to the fact that the occupation 
claimed by the criminal is frequentiy only nominal, and his 
real occupation is idleness. I have discovered in Turin a 
strange pursuit peculiar to criminals, that of counterfeiting a 
trade. These men pose as joiners, locksmiths, or what not, 
and provide themselves with the necessary tools. But these 
are simply to convince the police. Their work is either all a 
pretense, or just sufficient in amount to prevent their appre- 
hension for vagrancy. They lack neither the means nor the 
opportunity of working, but only the willingness to work. 
Sichart ^ found that out of 3181 prisoners 1347, or 42.3%, had 
an aversion to work. Grouped according to the various crimes 
conunitted, the nimibers were as follows: 

Total number of prisoners Those having aversion to woric 

1848 thieves 961, or 52 

S81 swindlers 172, " 45 

155 incendiaries 48, " SI 

542 sexual criminals 145, " 26.7^ 

255 perjurers 21, " 8.2Vo 

The importance of these figures b still clearer when we take 
into account the way they are divided between what Sichart 
calls '^occasional criminals" ^ and habitual criminals. Of the 

^ " Ueber individuelle Faktoren des Verbrechens,'' in the " Zeitschrift 
fOr die ipninmte StrafwiaBenschaft," 1891. 
* "Chminels par occasion." 




206 CRIME: ITS CAUSES AND REMEDIES [\ 

former 170, or 19.2%, showed an BVersion to work, but of 
latter 1170, or 51. 7% — over two and a half times as maay.i 
According to the recent statistics for Massachusetts,' we 
that out of 4340 convicts, 2991, or 68%, had no occupation. 
According to the Pennsylvania statistics, almost 88% of tlie^ 
convicts in the penitentiaries had never followed a trade, 
the same was true of 68J4% of the inmates of the county jaUa.^ 
As regards homicides in particular, Frederick Wines has shoi 
that in 1800, out of 6958 convicts guilty of this crime, 6175, 
more than 74%, had never received any instruction in a trade.' 

The aversion to work shows itself also in the occupations 
which criminals adopt. Marro, having noticed that 
furnish 11% of the criminals, although they form but 3.56% of 
the population, got an explanation from the masons themselves. 
Many of them told him that they had given up other trades and 
taken up this, for the reason that masons receive their wages 
daily, without waiting for the end of the week or fortnight; 
which proves that they follow this trade only by caprice. I 
have already shown that the thieves in France are often 
pegre or paresseiix (idler), and that the worst criminals, such 
Lacenaire, Leraaire, and Cretien, hated work more than they 
loved life. One may study this state of mind in the psycho- 
logical tables given in the anthropological-statistical "Atlas" of 
Ferri's "Omicidio," where the psychology of idleness is often 
pointed out. Thus a recidivist, on being asked if he vas 
willing to work, replied, "No, work shortens life." Another 
said quite frankly, "I have worked, but only a little, because 
work tires you." Another, when asked why he did not work, 
excused himself by saying, "I am not capable of it." Still 
another said, "I have no desire to work, so I have to steal if 
I want money." 

The frequency with which criminab change their trades is 
noteworthy. Of 100 normal persons 86 were found to have 
followed always the same occupation, 13 had changed once, and 
1 had had three different trades. Among the criminals how- 
ever, the following had changed their occupation two or loore 
times: 

> Wright, op. eil. * Bosoo, op. eit. 



J 



§901 CIVIL STATUS, ETC. 207 

97 out of 40 murderen 

SO " "40 pickpockeU 

60 " "77 swindlera 

ftSt " "88 hi^way lobben 

28 " " 51 persons guilty of aasault • 

60 " "97 thieves 

80 " "88 ravishen 

28 " " 41 other sexual criminals 

The reports of the Ehnira Reformatory give the following 
with regard to the occupation of 6635 prisoners: 

Domestic servants 1694, or 25.5% 

Common laborers 8651, " 55.0% 

Skilled laborers 974, " 14.7% 

Without occupation 820, " 4.8% 

The figure for those without occupation would be very low, 
but the report goes on to add: 

''It must be noted that those who declare they have a trade 
are almost never regularly employed.^ Consequently the num- 
ber of men entering the reformatory, who are incapable of 
adapting themselves to steady work, is very great; and so like- 
wise is the number of those who remain still incapable of work- 
ing, notwithstanding the system of moral stimulation applied 
to them, because," so Superintendent Brockway affirms, 'upon 
34% of the prisoners any moral incentive to work is wasted; 
it does not even arouse their attention." 

For this reason Brockway advocates the use of the lash and 

corporal punishment in general, methodically and carefully but 

rigorously applied. He thus confirms, without being conscious 

of it, the analogy between the incorrigible criminal and the sav- 

age» for the latter will not work unless compelled to do so by 

violence, and will sometimes die under the blows inflicted upon 

him before he can make up his mind to it. The tendency of 

criminals to change their trades, and their preference for those 

in which the wages are paid daily and in which, consequently, 

liberty is less trammeled, prove to us that the aversion of the 

criminal for work does not proceed so much from an absolute 

incapacity for every form of activity, as from a distaste for 

«very form of occupation that is regular, methodical, and strictly 

fixed as to hours. 

1 " Nineteenth Year Book, New York State Reformatory at Elimra,'' 
1894. D. 38. 



208 CRIME: ITS CAUSES AND REMEDIES [§gfln 

Marro's figures here are full of meaning and help us to UDder^ 
stand the nature of the criminal's incapacity for work. This k^ 
not incapacity for every kind of activity, not absolute inertia. 
The criminal has to employ at certain times a veiy great degree 
of acti\'ity. Certain crimes, like fraud and theft, very often 
demand energetic action. What is repugnant to the criminal 
is the regularity of the mechanism of modem society, that 
gigantic system of cog-wheels by which each human being, 
assigned to his place in the clock-work, must execute at any 
given instant the prescribed movement- Criminab, being inca- 
pable of resisting the intermittent caprices of a character at once 
inert and impulsive, declare war upon a society which is not in 
harmony with their inclinations. In the army of labor the crim- 
inal is a guerrilla. He is capricious about undergoing fatigue, 
and pretends that he submits to it only when he pleases, alter- 
nating intense effort with long periods of idleness, and always 
refractory under the will of another. In this his character is 
entirely like that of the savage, who, though habitually inert, 
bestirs himself from time to time and gives himself up to the 
most fatiguing labors of himttng and war. This is the character 
which Robertson gives to the American Indians. He say^ 

" WTien they undertake a hunting expedition they leave thdr 
habitual indolence and put into use intellectual faculties which 
apparently commonly remain dormant; they become active, 
persevering, indefatigable." 

Marro observes very truly, 

"Among uncivilized peoples we find an almost total incapadly 
for any continued effort. Steady, uninterrupted tabor is the 
characteristic of civilized man. The more he is liable to hus- 
band his physical strength, the more profitable his intelligence | 
makes it, and the more he is able to use it for his own t 
and that of society." 



CHAPTER XVI 

FBI80N8 — MEW8PAPSBS — IMITATION — LEADEBS — OTHER 

CAUSES 



cn 



S9X. Prisons 

of the greatest factors in crime is the prison. We think 
that we are protecting and avenging society by imprison- 
ing criminals, while, on the contrary, we are not only furnishing 
them with the means of associating with one another and giving 
mutual instruction, but we are giving them real enjoyment 
besides. ''I should like to tear to pieces the man who speaks 
evil of the prison," sang a prisoner at Palermo. * '*The prison is 
a piece of good fortune that has befallen us, because it teaches 
us hiding-places, and how to steal." ^ These facts explain why 
we so often find in our statistics individuals who are sentenced 
50 or 80 times, persons who steal simply in order to be incar- 
cerated again. A certain man named Zucchi stole during the 
Assizes in order to be arrested. ''Since 1852," he said, ''I have 
passed 20 years in prison. The amnesty set me free; but I 
cannot live on a franc a day, and I thought I would get myself 
put in prison, so as to be able to eat, drink, and sleep. Your 
Honor, increase the sentence, for, after all, one is not so badly 
off in prison." * In Rome, in 1879, an old man of 80, who had 
spent 47 years in prison, begged the judge to send him back. ''I 
do not ask for a position," he said, ''but for some prison where 
I can live in peace. I am already 80 years old, and I shall not 
five long enough to ruin the government." Olivecrona tells 
of a convict who, on leaving the prison, thanked the director, 
<Uid declared that he had never before had such good food as he 
liad had since his incarceration. 

"While the convict," says Olivecrona, "gets his 52 kilos of 
i>ieat a year, the peasant ordinarily has but 25 kilos of salted 

^ LombroBO, ''Homme Criminel/' Vol. I. 
> ''Bivista di Discipline Carcerarie/' 1878. 



210 CRIME: ITS CAUSES AND REMEDIES 1S93 

beef and half a hog salted for himself and his whole family. 
We must, therefore, place the mildness of the prison regimen 
aa one of the causes of recidivism," ' 



S ga. Seosatioa 
There is another very powerful cause of crime, which, how- 
ever, it is hard to estimate exactly, except, [)erhap5, by the 
increase of certain crimes in some professions. I refer to the 
direct influence of sense impressions. Thus, for example, there 
are thieves who cannot see gold without taking it. A rich 
banker, named Downer, entered the establishment of his bar- 
ber in a state of intoxication. An apprentice of the latter, 16 
years old, who up to that time had been entirely honest, hearing 
the jingling of the money in the banker's pocket, was immedi- 
ately seized with the idea of killing him, and strangled him with 
a cord. Terrified at his crime he fled and confessed, declaring 
that if he had not heard the sound of the coin he would never 
have thought of committing the horrible deed. Marie Ftank, 
S8 years old, an inveterate drinker, who had already liad a 
period of insanity and was continually beaten by her husband, 
one day saw r great fire, and immediately went and set fire 
to twelve houses. Adele Strohm, while witnessing the execu- 
tion of two convicts, conceived the idea of killing her b«t 
friend in order to die in the grace of God.* 

S 93. Imitation 
The cases cited are doubtless to be explained in part by in- 
sanity; but still more there enters the effect of imitation, whid 
is one of the most active causes of crime as well as insanity. In 
1863 and in 1872 hardly had the newspapers begun to spe&k o{ 
the abandonment of children, than this crime was repeated in 
Marseilles 8 times in a single day (Despine). The news of the 
assassination of Archbishop Sibour impelled a priest to atUck 
the bishop of Matera, although be had no grudge against him 
whatever. Dufresne hated a certain Delauchx, but without 
thinking of harming him. He read the accoimt of the tml ai 
> "De la Recidive," 1812. » DcB^nne, op. ett 



J 



§ 93] PBISONS 211 

Verger, and getting up, he cried, "I too will do as Verger did," 
and killed his enemy. At Bergamo, a short time after the trial 
of Verzeni, two other cases of the strangling of women took 
place; and similar phenomena occurred in Paris after the triab 
of Philippe, Billoir, and Moyaux, and in Florence after that of 
Martinati. At the time of the trial of Boux two servants pre- 
tended that they had been garrotted by their master, after 
having stolen from him themselves. The poisoning of La 
Pommerais was followed by that of Pritchard. 

This morbid stimulation is increased a hundred-fold by the 
prodigious increase of really criminal newspapers, which spread 
abroad the virus of the most loathsome social plagues, simply 
for sordid gain, and excite the morbid appetite and still more 
morbid curiosity of the lower social classes. They may be likened 
to those maggots which, sprung from putrefaction, increase it 
I^ their presence. These newspapers, unfortunately, have in 
a single Italian dty as many as 28,000 readers. In New York 
in 1851 a woman murdered her husband; a few days afterward 
three other women did the same thing. Corridori killed the 
Erector of his school, who had administered a deserved reproof 
to him, saying before he struck him, "I will repeat the case of 
the director of Catanzaro," who had also been killed for a similar 
cause. The attempted assassination of D. James upon the rail- 
way was followed by another upon the same line (Montel).^ 

^ Holtsendorff dves us many other examples in his magnificent work, 
"Da6 Verforechen des Moides und die Todestrafe/' Berlin, 1875. 



CHAFTEB XVn 
ABBOcunonB cr cBnaxALB, akd tukuc caubb 

194- 

npHE diQlogy of Mwiriatrd crime, iriiidi is tbe most im- 
X portjmt Mid the most hannfol, d ka ei v c s to be studied by 
itself. 

Tlie first GftQse that may be assigned to this fJienomenQn i 
tnufitioii. The lopg pcfsistence snd obstjnaqr <rf soch sasodi- 
tioos as the Mafia, the Camonra, and faijgaiidage, aeeni to proeeed 
in the first place fiom the antiquity of their cxistenoe;, ior tk 



long l epe titi on of the same acts transfonns them into aUbit 
and oonseqnentty into a law. Histoiy trarhrs us that cttne 
phenomena of long duration are not to be eradirated eaaSjfi 
a strcAe. The Camorra was abea^y in czistcnoe in N^iki m 
15CS^ We know from the ecficts of the Spanish vioerays. Cost 
Miranda, the Duke of Akala, ei a/., that gamblers, g*«iUng- 
house keepers, and those who levied tribute on these houses ob 
their own account, were threat^ied with the galleys, and abo 
those prisoners who, under pretext of an offmng for certain hdy 
images, levied a tax upon the other prisoners.^ Monnier remsrfa 
very truly that the etymology of camorra shows its Spamsh 
origin. The word in Spanish means a quarrel, brawL or dis- 
pute, and camorruia signifies a bad character. The Arabic 
word kumar means a gambling game. We learn from a novel 
of Cervantes that at about the time we have been speakingoi 
there was an association in Seville exactly corresponding to 
the Camorra. This soc^ty, likewise, levied tribute upon evtxj 
thief for an image which was held in special reverence, gave tk 
police a part of its gains, and undertook to execute prirale 
acts of revenge, including the sfregioj or f ace-sladiing. To tbis 
association were attached novices, called '"minor bdrotheD»'* 



' Mordini, ''Relazioiie al R. Ministeio,'' Rome, 1S74; Monnier, *^9A 
r.««rfm.- 1861. 



§951 ASSOCIATIONS OF CRIMINAIS 213 

who bad to hand over the entire proceeds of their thefts for the 
first half-year, carry messages to the " ma jor brothers " io prisoD, 
and perform subordinate offices generally. The major brothers 
had a common surname, and shared ecjuitably the sums which 
the associates turned into the common treasury. The thieves 
of Morocco also levy a tax upon the prostitutes. 

Societies entirely similar to the Camorra have existed in all 
imperfectly civilized periods. Thus Scalia has found mentioned 
in the Middle Ages, in the rules of the Stinche prison and the 
prisons of Parma, abuses like those of the Camorra, especially 
in connection with gambling. We read that each roomful of 
prisoners had its chief, called "capitaneo" or "podesta." pre- 
cisely as the modern Camorrists have their "priore "; and this 
mediaeval Camorra used to tax the new comers, just as is the 
custom to-day.' In Don Quixote we are told how certain idle 
folk exacted a share of the gains of lucky gamblers in return for 
a prediction of the lucky or unlucky plays. This b the ordinary 
missioD of the modem Camorrist. 

Brigandage, which persists with obstinacy in southern Italy 
&nd in Sardinia, probably has its origin in historic tradition, 
tor it already existed in the most ancient times in central and 
Bouthem Italy, and Strabo mentions it in connection with 
Sardinia. 

"In the kingdom of Naples," writes Giannone (IV, 10), 
"there were always bandits in the train of the invaders, Greek, 
Lombard. Saracen, Angevin, or Albanian, all alike thievish, 
cruel, and greedy." 

{ 95. Religion ^ Morals — Politics 

In countries where civilization is not yet firmly established, 
there exists no clear notion of morals and justice, and religion is 
often but the accomplice or instigator of crime. In Bari there 
was said daily the " Mass of the brigands," at the expense of the 
brigand Pasquale. "We are blessed by God," he said to a 
friend — "the gospels say so." The state of moraUty naturally 
falls in with these notions of rehgion. 

 Beltrani-Scalia, "Storia della Riforma delle Careen in Italia," 1868, 



2U 



CRIME: ITS CAUSES AND REMEDIES 



[iS 



I 



"In Naples in 1877 an Espoalto, after having assassinated aa 
ex-camorrist by order of his chief, went to give himself up to 
justice in order to protect his superior from arrest. iVn ap- , 
plaudiog crowd accompanied him to the prison, and cover 
liini with flowers like a hero " (Onofrio). 

Where justice is quite jjowerless the injured person must 
essarily have recourse to his own strength or that of his friei 
If honor is at stake, he will seek a private revenge; or if it 
question of stolen property, he will come to a friendly under- 
standing with the thieves. In Sicily, as was seen in the Lombard 
trial, one pays a certain sum to recover a stolen horse or sheep: 
or the thief may pay a certain sum to the person robbed, in 
order to avoid prosecution or the recovery of the stolen prop- 
erty. This proceeding recalls at every point the customs of 
primitive justice.' 

There is another and very potent cause that favors the forma- 
tion of associations of criminab in civilized countries. This is 
the admiration inspired in the weak by brute strength. Any 
one who has seen, in the midst of an effeminate population *-ith 
their soft flesh, soft speech, and weak character, a real Camor- 
rist, with martial brows, iron muscles, and rolling r's, compre- 
hends at once that if the Camorra had not been brought in. it 
would have arisen of its own accord, as the inevitable result of 
the contrast between these energetic individuals and the sheep- 
like multitude. Even the Camorrist bows to this law; a strong 
and violent man himself, he bows to one stronger and more rio- 
lent. Monnier cites a very curious proof of thi-i influence. A 
Calabrian priest, imprisoned as the result of an affair of git' 
lantry, upon entering the prison was asked to pay the usual tu 
to the Camorra. He refused, and, being threatened, repUed that' 
if he had been armed no one would have dared to use thresto] 
with him. "If that is all!" said the Camorrist, and in ths 
twinkling of an eye offered him two knives, only to drop de«d 
the nest moment. The same evening the homicidal priest, who 
feared the vengeance of the Camorra more than he did thei 
justice of the Bourbon government, to his great astonishmeot 
found himself offered the office of "barattolo" in the society. 
' See Du Boys, "Uistoire du Droit CriioiiteL" 



§96] ASSOCIATIONS OF CRIMINALS 215 

He had been admitted as a Camorrist without his own wish. 
The same adventure happened to another Calabriao, who re- 
fused to pay the tax and threatened with his knife the man who 
tried to collect it, Onofrio writes, "In Sicily they call any one 
who has courage ' Mafioso.'" The Camorra is thus the expres- 
sion of the natural self-confidence of the strong, when they see 
themselves surrounded only by weaklings. 

But it is not only the strength of the few that mMntains this 
state of things, but also the fear felt by the many. The brigand 
Lombardo declared that the warmest partisans of his enterprises 
were the respectable land-owners, who, from fear of making him 
their enemy, told him of the houses of their neighbors that he 
might rob. "They did not realize," he added, "that they in 
their turn would be pointed out by others, so that in the end 
they lost much more than if they had combined against me." 
".\ single, unarmed Camorrist." writes Monnier, "shows him- 
self in the midst of a crowd of thousands of people, and demands 
his tribute. He is submissively obeyed, much more so than if he 
were the regular tax-collector." "The spirit of the Camorra," 
writes Mordini, "persists in Naples, that is to say, intimidation 
persists as the result of arrogance and presumption," Monnier 
explains the long persistence of the Camorra and brigandage in 
southern Italy by the dominance of fear. The religion taught 
by the priests was nothing but the fear of the devil; the pre- 
vulin^ politics consisted of nothing but fear of the king, who 
held the middle class in subjection through their fear of the pro- 
letariat; while both classes were kept in order through the fear 
of a brutal military and police force. Fear took the place of 
conscience and devotion to duty. Order was kept not by ele- 
vating man, but by degrading him. And what happened? Fear 
became a ready weapon in the hands of the most violent. 



* 



g6. BBTbahsm 



Aside from what has been stated above, many other circum- 
stances belon^g to a state of semi -civilization may have an 
influence upon the prevalence of brigandage. Such a state of 
society oSers more opportunity for successful ambuscades and 



1 

aatm 



216 CRIME: ITS CAUSES AND REMEDIES [§ 

safe places of refuge. Thus the forests of Sora, Pizzuto, S. Elii 
Faiola, and Sila were alwaj's the resort of brigands, and the saiOtv 
is true in France of the forests of Osgier, Rou\Tay, etc. For 
similar reasons localities largely uninhabited and not connected 
with others by frequent roads are favorable for bandits. In 
Italy we see brigandage disappearing before the railroads, and 
it is never known to persist in countries crossed by numerous 
good highways, with many towns. The province of Syracuse, 
which is better provided with roads than any other in Sidly, 
has no brigands; while Basilicata, in which in 1870 91 out of 
124 comunmes had no roads, was the province most infested 
with brigands. ^M 

S 97. Bad Goveniment ^^ 

In Mexico not so very many years ago the sons of noble 
families thought it entirely proper to commit highway robbery, 
just as was the case in Pans in 1400 and in Venice in 1600, 
In the last years of the pontificate of Clement XIV there were 
recorded 12,000 homicides, of which 4000 were in Rome itself. 
In Venice up to the time of Napoleon there still existed the 
so-called Buli, who domineered over the people at pleasure, 
entirely by means of the terror they had managed to inspire. 
To comprehend the unhappy condition to which society was 
reduced at that period, it is enough to recall that the most  
famous men of the Republic were publicly banished for igno- I 
minious crimes. It is enough to cite Morosiui, Comaroi Falieii 1 
and Mocenigo. 
Says Molmenti:' 

"In a memorial addressed to the emperor by the communes 
of Castiglione, Medole, and Solferino, against Ferdinand U 
Gonzaga, it was proved that the assassins of the prince bad 
murdered poor peasants, cut off their heads, and exposed them 
in an Iron cage under the walls of Castiglione; that his mcn-at- 
arms burned farm-houses and barns, plundered the dwellin|s. 
stole money, cattle, and furniture, and cut down or rooted up 
the vineyards. Even in the Republic of San Marco, which, 
although fallen into decay, still preserved a reputation for 

* P. Molmeati, "I Banditti della Repubblica di Veaczia," FloreUM 



§981 ASSOCIATIONS OF CRIMINALS 217 

strictness, the depredations of bandits were frequent, especially 
in the last two centuries. All precautions, laws, threats, and 
punishments often remained ineSectual. If a Venetian noble- 
man committed a crime, the government immediately sent a 
band of men into the city whose peace he had disturbed. But 
the popiJace, in whom the criminal inspired the greatest respect, 
protected him, and the noble delinquent found a safe retreat in 
his own castle. The magistrates, themselves almost all nobles, 
after pubUshing decrees and sentences against the offender 
and making loud threats, suffered the matter to fall into obliv- 
ion. The ambassador of the Venetian Republic in Milan, 
sword in hand, claimed that he possessed the right of asylum. 
So, when one morning the chief of the Milan city-guard and 
bis men passed before his residence, the ambassador, to pun- 
ish such audacity, had a volley fired at them, and killed or 
wounded several." 

Finally, in the times of Cartouche there existed in Paris 
Bomething which resembled, if not the Camorra, at least the 
Sicilian Mafia. The thieves at that time were organized into 
bands, and had accomplices even in the ranks of the police; 
they had pseudo-bailiffs and spies, and enrolled a whole popu- 
lation in their number, innkeepers, porters, watchmakers, 
tailors, armorers, and even physicians. In France in 1500 the 
"Bupgxmdians" and "Bohemians" were veritable bands of 
brigands, composed of vagrants and soldiers of fortune, who, 
as society became more and more civilized, withdrew into the 
forests of Rouvray and Estreltere, where fugitives from the 
dvil wars went to increase their number.' 



J 98. Weapons 
Another matter which has great influence in promoting 
brigandage is the carrying of weapons and famiUarity with 
their use. The gladiators, in old Roman times, were the most 
terrible leaders of bands of brigands and transformed their 
companies into veritable armies. Tommasi Crudeli says quite 
rightly: 

"In the whole of southern Italy, beginning with the Cam- 

pagna. the knife is not to be regarded as an implement of treach- 

' LombroBO, "Homme Criminel," Vol. II, p. 474- 



218 CRIME: ITS CAUSES AND REMEDIES (§99 

ery, but rather as the aword of the people. Almost always, in 
fact, its use is preceded by a formal challenge. The custom of 
holding these dueb is so deeply rooted that during the disarmiiig 
of the SiciUan populace, there were established in all the dis- 
tricts of Palermo hiding-places in the walls, known to all tlie 
inhabitants in the districts, where they hid their knives, and 
from which they got them in case of a dispute." 



S 99. Idlesess 

The prevalence of the Mafia in Palmero b due to the absence 
of any manufacturing industry and to the influence of the 
monasteries, which is favorable to idleness. Certainly priests 
and monks have always been among the causes of brigandage. 
The province of Naples in the 18th century, out of i million 
inhabitants, had 115,000 ecclesiastics, of whom half were 
monks; each village of 3000 inhabitants had at least 60 priests. 
The priests made begging not only a trade — they made it a 
work of merit. 

" One of the principal causes of brigandage and the Camorra," 
says Monnier, "was the custom, widespread among the Nea- 
pohtans, of letting their children, from the age of three on, 
grow up on the street. There they learned to beg, and to swear 
by all the saints that they were orphans and dying of hunga. 
The beggar soon became a rogue; and, being cast into prison, 
became a member of the Camorra, if he was brave, or ita victiii^ 
if he was a coward," 

The mild and fertile climate of Naples, as well as that of Ft- 
lermo, is a help to idleness and tempts the inhabitants to lounge 
in the streets; it furnishes the means of life at little expaoe. 
and does not let the need and duty of working be felt. Thi* 
is why associations of malefactors are more frequent in the prin- 
cipal cities, especially in the south, where the ^-iolent paasioni 
are more likely to provoke certain classes of crime.' 

' "In my opinion," ho Vincent Maggiorani wiit*8 to me, "the H*fi* 
represents the acute period of n dtsoasv which has invaded more or tn 
all the countries near the Orient, or deriving their population from it 
1 beheve that the occurrences which t-t^e place from time to time in Spu 
are only a different form of tte same malady. You will find nothing Eto 
it in northern Europe. An isothermal line marka the Umits of this tern- 
pettuuent, eto." 



§ 100] ASSOCIATIONS OF CRIMINALS 219 

The formation of societies of criminals plainly depends upon 
the character and conditions of the country. Thus we see 
the Mafia and Camorra spring up again after they have been 
broken up and all their members deported. In 1860-61 a 
great number of Camorrists were deported from Naples; yet, 
after a short period of depression, the Camorra was more 
active than ever, and now dares to threaten the electoral 
councils, the Palladium of Italy. The Mafia, destroyed in 
Palermo in 1860, rose again in 1866, armed and powerful. 
The Camorra, annihilated in 1874 by Mordini, was resuscitated 
in 1877 under the regime of Nicotera; and if it has not installed 
its members in the highest places in the city government, it 
certmnly has a tremendous influence in the elections. In 
Messina in 1866 the Camorra was destroyed, literally, by the 
execution of its 29 leaders. But the men who accompUshed 
this feat, having the reputation of being brave men, made use 
of it to carry on the Camorra themselves as actively as their 
xlecessors, or even more so. 



Much has been said with regard to the effect of poverty. 
le pictures which Villari has drawn of the condition of our 
Ktple in the south are so horrible aa to make us shudder. 

"In Sicily," he writes, "there is no other relation between 
lisant and landlord than that of oppressor and oppressed. 
Inhere comes a bad year, the peasant returns home from his 
tors empty-handed. If the year is a good one. then usurers 
te the place of hail, grasshoppers, storms, and hurricanes. 
_%e peasants are a troop of barbarians in the heart of the 
islana, and it is not so much against the government that they 
rise up, as against the usury and oppression of which they 
are the victims. If they execrate every form of government, 
it is because they believe that all governments sustain their 
oppressors." 

That poverty, however, has not all the importance that 
Villari would like to attribute to it (though it certwnly has a 
great deal) is evident when one considers the facts more criti- 
cally. Thus the district of Montreale, which is certainly one 



220 CRIME: ITS CAUSES AND REMEDIES [§1Q2 

of the least poor in Sicily, is just that in which the Mafia re- 
cruits its worst members from among the well-to-do daaaes. 
Naples, too, where the Camorra rules, is certainly not in a 
worse condition than Calabria. Artena, whose criminality has 
been described above, is one of the richest districts in the 
province of Rome. Moreover, the Camorra draws more vic- 
tims than true accomplices from among the poor of Naples. 

i xox. Hybrid CiTilization 

Still worse than the lack of civiUzation, as regards the eo- 
oouragement of criminal societies, is the mixture of civilizatioii 
and barbarism, such as is found in certain parts of Italy and 
in a large portion of America, where we see peoples, still haK- 
barbarous, subjected to a system borrowed from more civilised 
nations. While the advantages of both stages of society are 
lacking, the harmful features of both are present. Thus, 
great cities, the increase of wealth, and food too delicate, in- 
crease vagrancy, rape, and theft, and make the disooveiy of 
crime less easy; while the jury system, the respect for personal 
hberty, and the ease of getting pardons are frequently causes 
of impunity in crime. The system of elective offices, espedaUy 
when, as in some states in America, it is extended even to the 
judiciary, offers the criminal class a new instrument of power 
and illicit gain. We see associated crime extend its power 
to the press, to the election of legislators, and, in America, to 
the election of judges, thus gaining a double advantage,— 
immediate gain and future immunity. 

§ 103. Wars and Insurrections 

Political disturbances again, wars and uprisings, are fact<xs 
to be taken into account in this connection. The gathoing 
of crowds, great excitement, the ease of obtaining arms, and 
the relaxed vigilance of the government are all natural causes 
of the association of criminals. Bands so formed may become 
bold enough to make themselves real political factors. TTiB 
is the explanation of the atrocities of Alcolea and of the Paris 
Commune, and of the more recent events of similar nature 



103 



ASSOCIATIONS OF CRIMINALS 



221 



1 Mexico and New Orleans, These occurrences, which have 
ecome unusual in our day, in former times were very frequent, 
a the Middle Agea the tyranny of the barons gave to brig- 
ndage the appearance of a kind of social institution, defend- 
ig the vassals or avenging them upon their lords, who, in 
lieir turn, regarded robbery as a noble trade. So also in 
ndent times the ten years wliich followed the restoration of 
ulla were a golden age for the robbers and pirates of Italy.' 
a 179S in Paris, at the time of the free distribution of bread, 
> many vagabonds and criminals crowded in that strangers 
ere warned not to go out at night, if they did not wish to be 
)bbed. The thieves carried their boldness so far that they 
iosed the highways with ropes. Charles de Rouge was chief 
[ a band which plundered the Wge farms, presenting himself 
3 a commissary of the Repubhc. During the Napoleonic 
ars there appeared in the invaded countries a band of robbers 
died the "army of the moon." This sham army had its 
lam soldiers and sham oflScers, and plundered conquerors 
id conquered ahke. In earlier limes there were similar bands 
ho followed the Goths and Vandals into Italy. In modern 
sly, when the Bourbons withdrew from Naples to Rome, 
rigandage raged in Abruzzo; and when, under Murat, the 
■ade of brigand became dangerous, the Bourbons landed the 
jnvicts of Sicily in Calabria. He who stole the most was 
est received by the king. "Criminal acts," writes Colletta, 
lost, in consequence, their criminal character, and crime 
ecarae a Idnd of trade carried on all over the kingdom," 
'o the eyes of one who recognizes the essentially immoral 
baracter of war, this breaking out of criminality is not sur- 
riaing. Spencer, in his splendid study of ethics, has showed 
liat the warlike peoples are always the most vicious. 

! 103. Leiden 
If at any given moment, in a country where criminal ele- 
lents are plentiful, there arises a criminal who is a genius, 
• has great audacity or an influential social position, we see 
inoinal associations rise and multiply. Thus it was to the 
> Mommsen, "History of Rome," Vol. IQ. 





222 CRIME: ITS CAUSES AND REMEDIES [§104 

great intelligence of their leaders that the bands of Lacenaire, 
Lombardo, Strattmatter» Hessel» Maino, Mottino, La Gak, 
and Tweed owed their origin and long impunity. Cavakanti 
was a robber-chief of such genius that almost all his followers, 
more fortimate than those of Alexander^ became themsdves 
leaders of terrible bands, like Canosa, Egidione, etc. Tbt 
band of assassins and incendiaries of Longpierre escaped al 
inquiry, because they were organized and protected by GaDe- 
mand, the mayor of the place, who, by inoendiaiy fires, re- 
venged himself upon his political opponents, or depredated 
goods that he wanted to purchase. 



§ 104. Prisons 

But the principal cause of associated crime has been, and 
still is, the gathering together of criminals in prisons not con- 
structed on the cellular system. Almost all the criminil 
chiefs, Maino, Lombardo, La Gala, Lacenaire, Souffaid, Ha^ 
duin, and others, have been men who have escaped from the 
galleys and have chosen their accomplices from among tbeir 
companions who had there given proofs of boldness and ferodtj. 
It is in prison that the Camorra arose, and it is there alone tluit 
it first held sway; but when, imder King Ferdinand in 18S0> 
many convicts were set at hberty by the royal clemenpy, they 
carried over into free life the illicit gains and dissolute mannas 
to which they had become accustomed.^ Only a few years 
ago the Camorra chose its chiefs from among the prisoners in 
the "Vicaria," and the free Camorrists made no important 
decision without first consulting these chiefs. In Palermo* 
the criminal got his professional education in prison, and 
novices without prison experience were admitted only into 
such enterprises as required a large number of i>ersons. 

This will appear natural enough if we recall the words of 
the criminal of Palermo quoted in the preceding chapter: 
"Prison is a piece of good fortune that heaven sends us, b^ 
cause it teaches us fit places and companions for stealing."' 

1 Moniner, op. cit., p. 58. ' Locatelli, op. dL 

The F^ncn differs in the two places. — Transu. 



1 106] ASSOCIATIONS OF CRIMINAI£ 223 

S 105. Influence of Rnce 

We have already spoken of the influence of race upon crime. 
The same thing is naturally true of associations of criminals.' 

The gypsies, like the Bedouins, may be called a race of 
associated malefactors. According to Maury, the negro in the 
United States, and in southern Italy the Albanians, Greeks, 
and at times even the native population, show the same ten- 
dency to associated crime. Saint-Jorioz said, in speaking of 
Sora: "This beautiful country swarms with thieves; there are 
as many of them as there are inhabitants." Thb fact ex- 
plains how brigands succeed in getting themselves elected as 
communal counselors. The inhabitants of Castelforte and of 
Spigno protect the thieves on condition that they practice their 
calling outside the district. The people in the neighborhood of 
Palermo, among whom the "Mafiosi" swann, are descended 
from the bravoes of the andent barons; or, to trace their 
lineage still farther back, from rapacious Arab conquerors, 
blood-brothers of the Bedouins. "I have noticed," writes 
d'Azegtio, speaking of the Romans, "that in the ancient fiefs 
of the Middle Ages (Cotonna, Orsini, Savello) there has re- 
mained in the population the imprint of that life of hatred, 
war, and division which was the normal yearly round in those 
unbappy centuries. Nearly all the young men exemphfy the 
true type of the bravo." * 

^k S 106. Heredity 

^ptbese questions of race resolve themselves finally, as a 
matter of course, into the question of heredity. Among the 
modem brigands of southern Italy there have been some who 
descended from the terrible Fra Diavolo. Many among the 
famous Camorrists are brothers, and we know of the seven 
Mazzardi brothers, the Manzi brothers, the Vadarelli, and the 
La Galas. In the United States the Younger brothers, who 
robbed banks in Minnesota in broad daylight, are equally 



224 CHIME; ITS CAUSES AND REMEDIES [J 107 

notorious. The band of Cuccito and that of Nathan woe 
composed of parents, brothers, and brothers-in-law. Here, to 
the influence of heredity, tradition, and education, is added 
the power of numbers. A family of criminab is a bond already 
formed, which, from the fact of parentage, has the means d 
increasing and perpetuating itself in the children. 

In 1821 the communes of Vrely and Rosieres were afflicted 
with thefts and homicides, showing on the part of the auUion 
a great knowledge of the locahty, and uncommon boldness. 
Terror prevented the laying of information, but the criminili 
were finally discovered, and were found all to belong to one 
family. In 1838 the thefts were renewed, and the guilty pei^ 
sons were no other than the nephews of the first lot of criminals. 
In 1852 and the years immediately following assassinations 
occurred again in the same communes. The murderers prove 
to be great-nephews of the earlier offenders, who had beai 
active thirty years before. These facts explain to us why we 
see a constant recrudescence of crime in a given \'illage. It is 
enough that a single one of these perverted families should 
survive, in order to corrupt the whole district, through the 
elective affinity there is between criminals. This justifies to 
a certain extent the barbarity of the ancients and of savages 
in punishing with the guilty their innocent relatives. 



S 107. Othei Causes 

Criminals combine very often from necessity also, in ordff 
to be able to resist an armed force, or to escape the search 
the police by removing themselves from the scene of tiwir' 
crimes; though there is a tendency on the part of nearly «l 
criminal bands to commit their misdeeds just around the cirde 
of their own district. 

Again, the necessity of supplying the lack of certain qualitiO 
may lead to association. Thus Lacenaire, who was s coward, 
joined himself to Avril, who was fierce and bloody; while 
Maino and La Gala, who were courageous but ignorant, ssso- 
<nated with them Ferraris and Davanzo, who were educalei 
Most criminab seek in others a courage they lack themselves. 



^1 

«  

rrl. 



§ 107] ASSOCIATIONS OF CRIMINALS 225 

It may be added that for many of these people a crime is a 
sort of pleasure expedition* which is not so enjoyable unless 
carried on in company. 

At times an association has an entirely accidental origin. 
Thus Tepas, just out of prison, started to rob a drunken man, 
when he heard himself called by Faurier, who wanted to share 
the booty. From this chance meeting sprung the Tepas band. 
*'The most accidental circumstances/' says Mayhew, **such as 
the fact of living in the same neighborhood, or street, or bear- 
ing the same name, or meeting when coming out of prison, 
etc., gives rise to the bands of petty thieves of London." 
Spa^^iardi tells us that the meeting places of the gamins are 
where bands of thieves have their origin in Lombardy. 




WE have seen that poHlical crime is a kind of crime d 
pasaioD, punishable only because it involves an o 
against the conser\'ative sentiments of the human race, par- 
ticularly in the fields of religion and politics,' We have seen' 
that it is especially frequent among the young, and In the moat 
intelligent and cultivated nations. 



j log. Orography 
The influence which a lighter atmospheric pressure has upon 
this land of crime is incontestably very great. It can be said 
that the most revolutionary peoples have always been touiHl 
among the mountmns. Witness the struggles of the SamniUft 
the Marsi, the Ligures, the Cantabri, and the Bruttii against 
the Romans; those of the Asturians against the Goths au^ 
Saracens; and those of the Albanians, Druses, Maroiutes, ani 
Mainnottes ' against the Turks. Just so it was in the CeveniK- 
in France, and in the Valtelline and at Pinerolo in Italy, that 
the first efforts in favor of religious liberty were made, not- 
withstanding the dragonnades and the pimishments of the 
Inquisition. According to Plutarch, the inhabitants of Attics, 
after the insurrection of Cimon, were divided into three partio. 
corresponding to the differences in the geographical configurtr 
tion of the country. Those who lived in the mountains wanted 

' For a full preaentation of this subject Bee my "Crime Politique * 
lee Revolutiona,'' Pt, I., 1890. 

' LombroBo, "Oomme Cruninel," Vol, 11. 

• It was the Maiiinotlca of Mount Taigete that firet proclaimed in*- 
pendencG of Turkey. (GervinuB, " Geschichte der Erbebuns Griecheulftoda* 
1864.) 



§ 112] CAUSES OF POLITICAL CRIMES 227 

a popular government at any price; those who lived in the plains 
demanded an oligarchical government; while the dwellers along 
the seacoast preferred a mixed form of government. 

{ zzo. Points of Conyergence 

In the places where valleys converge and where the people 
come most into contact with others, they are most inclined to 
innovation and revolution. Poland imdoubtedly owes its early 
civilization and its revolts, as well as later its misfortunes, to 
the position which it occupies at the meeting point of Slav, 
Teuton, and Byzantine. Those departments of France that 
are situated upon the courses of the great rivers, the Seine, 
Rhdne, and Loire, or which include great ports, furnish, aside 
from other causes, the largest number of revolutionary votes.^ 

§ zzz. Density 

The same thing is true of places with great density of popu- 
lation and great industrial activity; here, too, the revolution- 
ary spirit shows itself in a high state of development, just as 
the conservative spirit predominates in agricultural and thinly 
populated regions. 

§ zza« Healtlifolness — Genius 

Both the salubrity and fertility of a coimtiy exercise an influ- 
ence in the development of the revolutionary spirit, as I have 
shown in the case of Italy by long series of figures.' 

Genius, too, plays its part, and it is for this reason that 
Florence, Athens, and Geneva, cities noted for their men of 
genius, have also been noted for insurrections. Geniuses and 
revolts have likewise been numerous in the Romagna and in 
liguria, which are among the most healthful parts of Italy. 
In Fnmce the parallelism is still clearer, for in 75 departments 
out of 86, genius, tall stature, and anti-monarchical parties go 
together. 

^ Lombroso and Laschi, "Crime Politique." 
' Lombroso and Laschi, op. cU, 



228 CRIME: ITS CAUSES AND REMEDIES [flU 

5 113. Races 

The ethnic influence in its turn is incontestable. By a study 
of the votes and the revolts in France, I have shown that the 
departments in which the Llgurian and Gallic races predomi- 
nate have furnished the greatest number of rebels, and that 
the Iberians and Cimbrians have furnished the minimum. 
Many small districts and single cities, like Arluno and LeghorOi 
are known for their constant tendency to revolt.' 

The history of the Apuanian Ligurians explains to us why 
to-day anarchy and insurrection often break out among them; 
the Ligures were continually in revolt against the Romans. 



{114. Crossine of RacBB 

The ethnic influence comes out very plainly in the crossing 
of races, which is able to make them all more revolutionary and 
progressive. This is a phenomenon connected with that dis- 
covered in the vegetable world by Darwin, that even bisexuil 
plants ought to be cross-fertilized; and also with the law of 
Romanes, according to which independent variation is the 
primary cause of evolution. The lomans give us an excellent 
example. They were revolutionary, and produced the greatest 
geniuses of Greece, certainly as a consequence of the fact that 
they were early crossed with the Lydians and Persians in Asii 
Minor and the islands, and in addition were subjected to the 
influence of a change of climate. The crossing of the Poles 
with the Teutonic race, all the more potent because the lattff 
was in the nascent state, explains why Poland rose in so short 
a time to great intellectual heights, in the midst of other SlaTf 
still barbarous, and this at a time when these very Germau 
who brought to the Poles the first seeds of their civilizatioB 
had themselves but a low degree of ciJture. We have here, 
then, a partial explanation of Poland's continual insurrections-* 

' Leghorn wn« apttled by the lllyrian Liburai, who were notorioui H 
piraW^, and first viaited the Tuscan waters amply (or the purposes o( 
plunder, 

* The oroeeing with the Germans aeemB to have been going on even ia 



§ 115] CAUSES OF POLITICAL CRIMES 229 

The climatic and racial crossing of the South American 
natives with the European colonists in the Spanish republics 
has produced a race active both conmiercially and intellectually, 
but above all things given to revolution. Modem Spain cannot 
boast of a Bamos-Mejas» a Boca» a Mitri, or a Pinero. 



§ ZZ5. Bad Goyemment 

A government imder which the public welfare is neglected 
and respectable persons persecuted is always provocative of 
insurrections and revolutions. Persecutions make great changes 
in men's ideas and feelings. Benjamin Franklin, on the eve of 
the American Revolution, in a pamphlet entitled ''Rules by 
which a great empire may be reduced to a small one," sums 
up as follows the characteristics of the bad government which, 
as a matter of fact, in a short time drove his coimtry to revolt: 

''Do yon wish," he writes, addressing the mother coimtry, 
"to irritate your colonies and drive them into rebellion? Here 
is an infallible method: Always suppose them ready to revolt, 
and treat them accordingly. Place in their midst soldiers who 
by their insolence may provoke an insurrection, and then put 
it down with bullets and bayonets." 

In a country where political reforms keep pace with the aspira- 
tions of the people, insurrections seldom or never occur. The 
reign of Louis Philippe in France, favorable to the wealthy 
dasses but without any sympathy with the mass of the people, 
multiplied insurrections and political crimes, which disappeared 
in the first years of the Caesarian-democratic government of 
Napoleon III, who impressed the people by his magnificence and 
his attempts at social reform. It is a fact demonstrated by the 
statistics of persons indicted for political causes from 1826 to 
1880 (including offenses of the press), that the Napoleonic 
period (1851-70) corresponds with the minimum number of 
political trials. 

prehistoric times. It is certain that in the prehistoric graves of Poland 
and of PruaEda, dolichocephalic, orthognathous skulls are found, — skullsy 
that is to say, of Teutonic type. 



CRIME: ITS CAUSES AND REMEDIES 



[5 115 1 





Cues "en 


Cam of 




contradlctoira" 


^^ d 


1828-30 


19 


^ 1 


1831-33 


90 


406 ^ 


1836^0 


13 


63 1 


18*l-*5 






1848-50 




£71 


1851-SS 






1838-60 






1861^85 






1866-70 






1871-76 


10 


64 


1876-80 




6 



The struggle for supremacy between different social classes 
b an effect of that inequality which Aristotle calls "the source 
of all the revolutions." ' 

"On the one side," he writes, "are those whodesire equality, 
and who rise in revolt if they believe they have less than others, 
even though they really have as much as the most favored. 
On the other side there are those who aspire to power, and 
who, although equality exists, rise in insurrection if they think 
that this equality has no sound reason for being." 

Abuse of power by the dominant class is enough to produce 
a reaction; and Aristotle says again ("PoUtics"): "To whatever 
side a government inclines, it always degenerates through an 
exaggeration of the principles i^on which it is based." In 
France the Revolution of 1789, wliich appeared to have choked 
the monarchical principle with the blood of the king, degener- 
ating into anarchy, prepared the way for the Empire; and t' 
whole process was repeated by the Republic of 1349 and t 
Second Empire. 

' "Politics." It is a curious tact that all the authors who have b1 
or written about revolutiaos have simply followed Aristotle. 
because he was both an observer aad a genius, and living in the n 
a great number of little revolutions, saw and understood much a 




§117] CAUSES OF POLITIC.VL CRIMES 231 

G Ji6> Exdasive Piedominance of One Class — Priests 
Whatever the form of government, the dommance of one 
class or caste over another has always been a source of danger, 
through hindering the organic development of a country and 
predisposing tt first to atrophy and then to anarchy. It is thus 
that the dominance of the clergy in Spain and Scotland, and in 
Italy in the Papal States and the kingdom of Naples, for a long 
time retarded the progress of these countries and drove them 
to revolt. It was for analogous reasons that the tyranny of the 
Roman patricians, notwithstanding their defeat, led to the con- 
spiracies of Satuminus and of Catihne, and then to the dictator- 
ship of Ciesar. This last, in its turn, led to the conspiracy of 
Brutus, which finally failed because the rise of the Empire rep- 
resented a justifiable reaction of the lower classes against the 
oUgarchy. Not infrequently members of an oligarchy, strug- 
gling with one another for power, as at Cnidos, leave the way 
open for the people to overthrow them. In Florence in the 
Middle Ages the tyranny of the nobles prepared the way for 
the triumph of petty tradesmen; and the abuses of this class 
brought about, in turn, the election of the Duke of Athens, 
who, although he sought to repress the abuse of power, ended 
by alienating the people from hira and being himself driven 
out. When, on the contrary, the social classes and the powers 
pertaining to them are in a state of equilibrium, hberty is pre- 
served and revolutions become very rare. In this way, accord- 
ing to Aristotle, the long duration of the Spartan govemihent 
is to be explained. Power was evenly distributed between the 
higher classes, represented by the Senate, and the mass of the 
people, who chose the Ephors by public vote. Further the 
power of the kings was much circumscribed, and, since there 
were two of them, they could not easily come to an agreement, 
^^k1 consequently only rarely Iiecame tyrants. 



S 117. Puties and DlviBiona 



Parties, though at times useful in the struggle of the weak 
against the strong, are often what Coco calls them, a means of 
corrupting the individual, and, through the individual, the ns- 



232 CRIME: ITS CAUSES AND REMEDIES 

tion. This is seen in the spectacle oSered by the situation m 
the mediieval Italian cities, especially in Florence, where an 
exaggerated and intolerant party spirit led to complete political 
and inteQectual exhaustion. Another example of this is to be 
found in the Argentine Republic, where the Unitaires of Buenos 
Ayres brought about the reaction under Rosas. They were a 
party of typical Utopians, revolutionary idealists, who wanted 
to march straight on, with head high, not deviating a hair's 
breadth from their course. Even on the eve of a battle they 
were taken up with a regulation, a formula, or a pompous 
phrase. It would be impossible to find men with better logic, 
more enterprise, or leas common sense.' 

Since parties are favorable to political liberty, the more 
ground they gain in the political life, the less important do secret 
political societies become. These latter are the fruit of oppres- 
sion, since oppression turns ideas into feelings, and these in 
their turn produce sects and societies. Yet it is certainly Ici 
this origin that modem civilization is indebted for many ce- 
forms and other ser\'ices in the political field. It is enough to 
recall the Carbonari in Italy, the Chartists in England, tie 
Uetieria in Greece, and the Nihilists in Russia. The ideal of 
these last, it is true, has Uttle correspondence with the feelings 
of the Russian people, since what Stepniak said of an earlier 
period is still true, that in the popular mind the Czar and Goil 
are welded together.* 

In Italy the "Fraternal Hand," discovered at Girgenti lo 
1S83, was originally a society for mutual aid in case of sickne» 
or death. But soon it degenerated: certain duties occasioned 
certain crimes. Everyone was bound to make himself respected 
for the honor of the organization, to protect the women, to 
revenge the injuries of his comrades, and to help save them if 
they were accused. They ended by ordering assassinations, and 
executing them in the same way that a hunter chases a haie^ 
They intimidated juries, and prevented outsiders from bidding 
at the public auctions. The residt was that respectable persoM 
had to affiliate with them, or buy protection against them from 



§ 119] CAUSES OF POLITICAL CRIMES 233 

other criminals.' In Ireland, side by side with the Land League, 
which served the country with loyalty and patriotism, there 
rose up the society of the " Invincibles," which numbered not 
more than 200 members but speedily distinguished itself by all 
sorts of agrarian crimes, 

^ft S ti8. Imitation 

^We have seen that through imitation, criminality, insanity, 
and hallucination become epidemic in a mob. Hence imitation 
becomes a powerful factor in producing an insurrection. This 
may occur on a large scale, one nation imitating another and 
producing a veritable epidemic of revolutions. This is what 
happened, according to Ferrari,' in the period from 1378 to 1494, 
during which the European peoples imitated the great number of 
Italian uprisings against the ancient lords — at Rome under 
Rienzi, at Genoa imder Adorno, at Florence under the Ciompi, 
at Palermo under the Alessi, and at Naples imder the Lazzari. 
In this period took place the insurrection of the Hussites in 
Bohemia, the revolts of the working- people in the free cities of 
Germany (Worms, Hall, Lubeck, Aix), the refusal of the burgh- 
ers of Ghent to pay taxes, the Swiss war of independence, the 
uprisings of the Swedish peasants under Inglebert and the 
Croatian peasants under Har%'at, and in England the religious 
movement initiated by Wyclif, The men of 1793 imitated, or, 
rather, aped, the heroes of Plutarch (Buckle), as the Napoleons 
imitated the Ctesars. In 1789 in France almost all the depart- 
ments imitated the September massacres of Paris, and later 
those of the White Terror. Ari.stotle names as one of the causes 
of revolts the neighborhood of countries with other forms of 
government. The nearness of the oligarchical Spartan govern- 
ment often caused the overthrow of the democracy in Athens, 
and pice versa. 

S 1 19. Epidemic Ideals 

Many ideals spread themselves almost like epidemics. So 

was it formerly with the monarchical ideal, the glory of one's 

' Lestinp, "L'Aaaociaiione della PrateUanza " (Arch, di Psioh., Vol. 
V, p. 462). 

 "Storia delie Rivoluzioni d'ltalia," Milan, 1370, 




J 



234 CRIME: ITS CAUSES AND REMEDIES [§120 

own king; so with the ideal of popular sovereignty; then of 
nationality; and so is it now with the ideal of the amelioration 
of economic conditions. It is not that to-day conditions are 
worse than they were in the days of our fathers. On the con- 
trary, the famines, which used to mow down their millioiu, 
now gather in only a few hundreds of victims; and our work- 
men to-day own more shirts than many a proud noble of an- 
tiquity. But men's needs and their repugnance to the labor 
necessary to satisfy thera have increased in proportion to the 
economic betterment that has been going on, 



S 130. Bistoric TrBditionB 

"Every revolution," wrote Machiavelli, "lays a stepping- 
stone tor another one." We see revolutions, as a matter of 
fact, repeat the form of revolutions which happened even Jit 
remote periods. Thus the Roman tribunate lived again in 
Rome with Rienzi and Baroncelli, and later with Ciceruacduo 
and Coccapieller, notwithstanding many differences in the in- 
stitutions and individuals. The revolutionary tendencies of the 
Romagna were well known even in the Middle Ages, and Dante 
refers to them in the words; "The heart of the Romagna is. 
and ever will be, at war with tyrants." The Paris Commune 
inutated the revolution of 1789, as '89 had imitated the Jac- 
querie, while the National Assembly of Paris copied the old 
Provincial Assembhes. We may say that in Paris barricades 
have become a decennial habit, like military revolutions in 
Spain, attempts upon the life of the Czar in Russia, and brig- 
andage in Greece and Macedonia. 

A last proof of this influence of traditions b that those revo- 
lutionary governments perish which do not know bow to hoJd 
them in honor. The greater the difference between the old fonu 
of government and the new, the more unstable is the adherence 
of the people. For this cause those revolutions have been taoit 
fortunate that have held the past in honor. Thus the elder 
Brutus kept for the people their king, under the name of "r«s 
sacrificulus." The Ciesars, likewise, retained the Tribunate. 



§ 121] CAUSES OF POUTICAL CRIMES 235 

the Senate, and other forms of the republican government, 
even to the extent of limiting themselves to the military title, 
"Imperator" (General). Just so the English in the Magna 
Charta professed to confirm ancient rights; and in Italy the 
Guelfs, following the Ghibelline.s in Italy, chose the captain of 
the [)eople from among the nobles, as the Ghibellines had 
chosen their podesta. This did not escape the keen intellect of 
Machiavelli, who wrote; "Whoever would reform a free state 
must preserve the shadow of the old forms; in changing old 
institutions the human mind must be at pains to make the 
transformation preserve as much as possible of that which ia 
ancient." 

Sill. loappropiiate Political Reforms 

Only men ignorant of human nature, or excessively despotic, 
would make decrees not necessitated by the conditions of the 
moment, and destroy old insUtutions to replace them with new, 
not because they were demanded, but because they were in use 
in other social organisms. By such means a discontent with 
every kind of reform is awakened, and since the new is not based 
upon the old there results an active antipathy which produces a 
constant succession of revolutions. This is what happened to 
the reforms of Arnaldo and Savonarola. This is what came to 
pass when Rienzi tried to bring about a political reform which 
even Cavour could not carry out completely. The same situa- 
tion, again, was repeated in France in the attempt of Marcel, 
at a time when even a constitution was not possible, to bring 
about a republican federation, with proportional taxation, social 
and administrative unity, general political rights, national au- 
thority substituted for royal, and Paris as the head of France.* 
"To reform everything, is to destroy everything," wrote Coco 
with regard to the Neapolitan revolution of 1799. In Spain 
Charles III. was able, through the power of his personality and 
authority, to curb the power of the clergy, and to ameliorate 
the condition of the country. But no sooner had he fallen from 
power than all his reforms ceased without leaving a regret, be- 




"LeVieuxNeuf," 1877. 



5 



236 CRIME: ITS CAUSES AND REMEDIES [g 122 

cause they were premature. In 1812, in 1820, and in 1836, 
there was no lack of ardent reformers in the Spanish govern- 
ment, but they failed because they were not in touch with tie 
feeling of the people. In 1814 and in 1823 the popular indig- 
nation drove out the Cortes, and Quin tells that everywhere 
the king passed, the crowd hurled insults at the Uberab, tbe 
constitution, and the Cortes.' 



j 123. Rellgioa 
Religion, in Astatic and African countries, not only mixed 
with politics, but was itself the only politics, sometimes revolu- 
tionary but more often reactionary, according to the charactef 
of the rehgion. In India, Nanak (1469) by performing miracles 
founded the religion of the Sikhs, which was based upon mono- 
theism, the abrogation of caste, and the blessedness of Nirvana. 
The founder himself made few proselytes, but under Havogind, 
one of his successors, the Sikhs took up arms against the Mussol- 
man fanaticism, won new power during the Mahratta uprismg, 
founded a sort of republic, and to-day number nearly two 
millions. Mahomet put an end to fetichism, conquered Arabia, 
and notwithstanding his ignorance (hardly one of the sura) 
of his Koran has any sense in it), he produced a revolution even 
in the field of science. For from 750 to 1250 a. d., with the 
ostensible purpose of explaining the Koran, the Arabs trans- 
lated the Greek authors and made gigantic encyclopsedic com- 
pilations, which were disseminated through Europe. As if to 
establish once for all the parallelism of religion and politics, the 
Convention decreed the worship of the Supreme Being, and 
organized the love-feast; and the populace put at its head the 
mad Catherine Theot, who preached the immortality of the 
bodj", and at 70 declared that she was about to become young 
again. Tlie Jacobins favored the society of the Theopkilantropa, 
who celebrated their festivals in Xotre Dame, the new Temple of 
Reason, and in Saint Roch, the Temple of Genius, where, before 
the altars, sentimental verses from the classics were sung and 
feasts were celebrated for Socrates, St. Vincent, Rousseau, and 
' "MenKMn of Ferdiaand," IS24- 



§ 123] CAUSES OF POLITICAL CRIMES 237 

WastuDgton. In ancient Israel the reaction under Jeroboam 
followed the reign of Solomon, because the latter, a revolution- 
ary, at least in art and industry, bad anticipated the popular 
mind by several centuries.' 

Thus a reaction is sure to result whenever an attempt is made 
to set aside dominant customs and superstitions. One of the 
causes of the uprising of the Annamese against the French was 
the lack of reverence manifested by the Europeans for the ancient 
documents which were held in such honor by the natives {prob- 
ably because they thought them endowed with magic power) 
that they had societies for the express purpose of collecting and 
caring for them. AJl the insurrections against the EngUsh in 
India have been caused by violations of the customs or religion 
of the people. Thus the Sepoy rebellion of 1857 was caused not 
by the violent occupation of the ancient kingdom of Oude on 
the part of the East India Company so much as by the preaching 
of Protestant missionaries, and their over-zealous attempts at 
proselytism, arousing the opposition of Brahmin and Mussul- 
man alike; and further by the fact that the Sepoys were required 
to use cartridges smeared with pork-fat. 



» 



S 133. EcoDomic Influences 



The influence of economic causes in many of the greatest 
revolutionary movements of recent centuries has been demon- 
strated by Loria * with incontestable proofs. 

The strife of classes in England flared up when the nobility 
l)egan to make laws that were to the interest of the land-owners, 
and prejudicial to manufacturing. Such was the situation when 
the middle classes gathered about Elizabeth and triumphed with 
her over Mary Stuart and her nobles. The same phenomenon 
was repeated with Cromwell, and with William of Orange. The 
same antagonism manifested itself in Germany in the sixteenth 
century, when the nobility, represented by the electoral princes, 
having exclusive political power, passed laws hostile to capital 

' lUnan, "Etudes d'Histoire larailite" ("Revue dea Deux Mondefl," 
Aug., 1S88). 

 "La Teoim Economica della Coetituzione Folitica," 1885. 



238 CRIME: ITS CAUSES AND 

and commerce, levying imposts on imports and exports. In 
Italy the contests of the Guelfs and Ghibellines masked the 
strife between the manufacturers and the feudal nobility.' In 
France it was the middle classes, long powerless against king 
and nobles, and, furthermore, excluded from the National As- 
sembly, who stirred up the people to revolt, and put to flight both 
court and aristocracy. Even modem Nihilism, according to 
Roscher, springs from the contest between the moneyed and the 
landed classes. It came especially from the favor shown by 
the commercial classes and small proprietors to the ransom 
of the peasants, to the detriment of the nobility, who responded 
by allj'ing themselves with disinherited men of family and eSl 
the other enemies of the middle classes. (Loria.) Tschen re- 
marks that the prosperity of China springs from the system of 
canals which fertilizes it, and that every emperor who neglecb 
the canals speedily falls.* 



f 114. Taxes and Chaises in the Cturencr 

Very often it is the government itself that, through igno- 
rance of economic laws, aggravates the disorder already existing, 
and provokes insurrection. Thus it was in France, where one 
of the causes of the revolution of 1380 was that under the 
Valois the value of gold was changed 26 times in a single year. 
Similarly, in Sicily, according to Amari, the discontent occ»- 
sioned by the alteration of the value of the money was not 
without influence in causing the Sicilian Vespers. (Loria.) In 
1S82 in Paris, the tax upon vegetables called forth the uprising 
of the Maillotins. In 1640 Mazarin doubled the taxes on food- 
supplies in Paris, and the people built the barricades of the 26tli 
of August, The court, becoming terrified, treated with theiB 
and granted a diminution in the taxes of more than 12,000,000 
francs. In 1639 the people of Rouen rose in insurrection with 

* This hypothesis is certainly a bold one, but does oot l&ck pmi. 
For example, Bonaccorsi, the PodpBta of Reegio, who had shown Lunidf 
friendly U> Uie working people, was deposed^t«r eight months, bj tbi 
Ghibellines. 

* "Revue ScieuUfique," 1S89. 



1 126] CAl^ES OF POLITICAL CBDIES 239 

the cry of ''Death to the gabdeursr* but the uprising was ex- 
tinguished in the blood of the rioters themselves. The popular 
hatred of the tax-agents continued to be actively in evidence, 
however, unlil the government finally prohibited the use of the 
epithets, ''publican," "extortioner," and "monopolist," against 
the tax-collectors. Even when a tax is just, that it should affect 
one dass more directly than another is sufficient to stir up an 
insurrection. Thus the tax on grain at Pavia and the land-tax 
nt Florence produced revolts which were inspired by the middle 



{ 135. Economic Crises 

Industrial and commercial crises had in ancient times no veiy 
^reat influence in revolutions, being responsible for local up- 
risingB merely.^ This was the case in Rome, where, according to 
Carle,' the great agitations had for their moving cause the debts 
to which the people were liable, rather than the agrarian laws. 
During the fierce contests between the consulate and the trib- 
unate, when economic prosperity was in no way lacking, Spu- 
rius Cassius, who proposed an agrarian law by which the com- 
mon property was to be divided in part among the poor citizens, 
not only was not supported by the people, but was put to death, 
simply because he wished that the Latin allies should share in 
the division.' 

{ 136. Pauperism. Strikes 

It is our own time alone that has seen the great political and 
social revolutions, caused by the disproportion between the re- 
waids of labor and those of speculative capital, and, further, 
by new needs, which make the people feel more keenly than ever 
before the reality of their sad condition. The Darwinian theory, 
it is true, concedes the difference between individuals and, in 

* RoBBi, ''H Fattore Economico nei MoU Rivoluzionari'' ("Archivio 
Ftaiduatria," IX, 1). 

* "Genesi e Sviluppo deUe Vane Foime di Convivenza Civile e Poli- 
tical" Turin, 1878. 

s Mommsen, "Roman EQstoiy," L 



240 CRIME: ITS CAUSES AND REMEDIES [§ 126 

coDsequence, a necessary inequality in wealUi. But the senti- 
ment of humanity, which received its first breath from Christ 
and which time has not been able to weaken, is not willing to per- 
mit, whatever the theory ot Darwin may be, that a man who is 
working should die of hunger, or that a man who is willing and 
able to be of service should look for work in vain, WTien one 
sees that thousands of peasants in Italy, whose interests not a 
single representative has taken up in Parliament, are compelled 
to Uve upon spoiled maize, for which no one has thought out 8 
remedy; when one sees that whole districts in the Alps are 
decimated by goiture and cretinism, simply because a hundredtli 
part of the money wasted on useless monuments is not spent in 
supplying these people with wholesome water; when one thinlu 
that in the plains of Italy, at the gates of the two largest cities, 
malaria rages and decimates the population; ' one is compelled 
to conclude that if the peasants protest by uprbings and strilceUt 
the responsibility falls upon those who have not found a vaj 
to remedy the evil. In France the strikes of 1882 in Boanne. 
Bess^ge, Mohere, and other industrial centers in the south, and 
the more serious troubles in Montceau-les- Mines and Lyotu. 
were the result of a socialistic agitation ha\'ing a pronounced 
political character. In the United States the revolutionaiy 
Socialist party, which has its center in Chicago, seems to grow 
in importance constantly, partly from economic crises, occ»- 
sioned espernally by railroad speculation, and partly from the 
disregard of the proletariat on the part of both the leading 
political parties. Now it b to this organization that we must 
attribute a great part of the strikes which occur with audi 
frequency (160 in i years). 

In comparison with the past, our own age shows many moR 
uprisings from economic than from military causes. Distuil^ 
ances proceeding from economic conditions are most abundant 
in the countries that best represent modem life, like France 
England, and Belgium; while it is the military rebellions that 

> Out of 525S communes in Italy, 2813, with a population of elera 
and a half tnilliona. are scourged with malaria, and in 2025 other o^ 
munce, with a population of piRht millions, there are a certain numlMr 
of caaee. (Bodio, "Bulletin de I'Inatitut International de StatJatiaoet* 
1887.J 



CAUSES OF POLITICAL CRIMES 241 

e place in countries like Spain and Tiirkey, which represent 
bygone age. From the statistics ot insurrections during the 
t half of the nineteenth century we get the foUon-ing: 



Country 


Total 

InmiiTBCtions 


Number luivuig 
causes 


Number haviug 


Turitey 


19 
M 

10 
15 


9 




8 



S 137. Change of Snvironmeiit 

JWe find in this connection many singular contradictions. 

S very hot climate of Egypt makes antirevolutionists of the 

oites, the Fellahs, and even of the Berbers, who, in the moun- 

s of Algeria, are in a continual state of revolution, so that 

I Algiers they show the graves of seven beys, all named and 

1 in a single day. In new surroundings the Dutch agricul- 

pists became the nomadic Boers of South Africa; the Norman 

iDters became bold sea-rovers; the pastoral Jews became 

rchants; and the strictly conservative Anglo-Saxons became 

t free innovators and revolutionaries of North America. A 

ment can succeed in preventing the disorders that 

; from difference of race, especially when there enters the 

tor of the attraction which lai^e bodies of people have for 

Jler bodies of a different kind. This latter is one of the most 

werful factors in the fusion of the Semitic Sards with the 

tftic Piedmontese, and of the thoroughly Italian Corsicans 

I the French. When peoples have lived in a state of isola- 

n. the first crossings (Dorians, Romans) provoke violent 

jrturbaoces; but later, as evolution proceeds, economic and 

Gtical interests become more important than questions of 

Thus it is that the Poles execrate the Russians because 

 their despotism, notwithstanding their common Slavic blood. 

t the other hand, the people of the Rhine valley, although 

I in the main, incline more toward the French tbxui 



242 CRIME: ITS CAUSES AND REMEDIES [§128 

toward the nation of their own blood, because habit and com- 
mercial interest count for more with them than race. 

The dominance of different factors at certain perioda, as, for 
example, the economic factor in our own day, is explained by 
the fact that, in sociology as well as in chemistry, certain agents 
are most active in the "nascent state." Physiology, also, 
teaches us that of a series of similar stimuli the first is 
most strongly felt. Hence it is that the influence of climate is 
still effective even after being hidden or weakened by the in- 
fluence of race. For this reason in certain countries, as in Flor- 
ence, for example, the configuration of the land has much less 
effect upon the occurrence of uprisings and acts of violence 
than it formerly had. Holland is a cold, level country, and for 
this reason is naturally antirevolutionaiy, but the battle witb 
the sea and with foreign oppressors has had a modifying in- 
fluence. 

Religion has upon the whole very little influence upon the 
course of cultural evolution, but in the nascent state it is a- 
ceedingly favorable to revolt and revolution. New religions br 
almost always accompanied by a real revolution in morals nad 
character, genuine reforms which win them adherents from 
among respectable people. History gives us examples of \iut 
in the rise of Buddhism, Christianity, and Lutheranism, and we 
see the influence still to-day in the Lazzarettists and in certain 
Russian sects. 



S laS. Occatioiud Causes 

Aristotle affirms that oligarchies commonly go to pieces 
through the too great preponderance of certain of their memben. 
and that when they are in difficulties they try to extricate them- 
selves by raising insurrections. In Syracuse, he tells us. the 
constitution was changed because of a love-affair which drove 
two young noblemen and their followers to revolt. Speaking ol 
tyrannicides he finds that they are most frequently caused by 
personal Injuries. Bacon remarks that some too lively ezpies- 
sions of certain princes have sometimes been the spark that 
kindled a revolt. Thus Galba destroyed himself when he said, 




§ 129] CAUSES OF POUTICAL CRIMES 243 

"Legi a se militem, non emi," ' the soldiers no longer having 
any hope that he would pay them for their votes, Probus was 
equally lost when he uttered the words, "Si vixero, non opus 
erit amphus Romano Imperio militihus," ' for the soldiers 
immediately revolted against him. Even in our own century 
riots have originated from comparatively trifling causes. Thus 
in 1821 a revolt broke out in Madrid because the king either 
could not or would not take part in a certain procession. In 
1867 Bucharest rose in revolt against the monopoly of tobacco, 
and the same year there was a riot in Manchester because of the 
arrest of two Fenians. In 1876 an insurrection took place ia 
Amsterdam because of the abolition of one of the annual fairs. 



S iig. War 

Wars are often the cause of domestic disturbances. Greek 
bistory, especially the history of the oligarchies, abundantly 
illustrates this. According to Soltyk, the victorious wars 
which the Poles waged in the 17th and 18th centuries 
formed one of the causes of the downfall of Poland, because 
they bore heavily upon the poor without any corresponding 
advantages, and increased the activity of the conquered peoples. 
The Franco- Prussian war overcame the disinclination felt in 
many circles toward the idea of the Empire in Germany, This 
is shown in the statistics of the cases of leze majesty. While 
tlie sentences for this offense from 1846 to 1848 ran as high a3 
342. and m 1849 reached 369, they fell to 132 and 193 in 1879 
aiid 1880.* According to Renan, the two great products of the 
Hebrew race, the Jewish religion and the Christian, are to be 
attributed not solely to the prophets, but also to the perturba- 
tions produced by the Assyrian and Roman victories. 

It must be added that such occasional causes of insurrections 
«re plainly only a pretext, affording an opportunity for the out- 
break of a people already predisposed to revolt. The brutality 
of a soldier and the lasciviousness of a prince gave occasion 

> That ho chose his aoldiera, he did not buy thera. 

 " If I live, the Roman Empire will have no further need of eoldiers." 

> "Verbredier und Vorbrecben in Preueeen," Berlin, 1SS4. 



244 CRIME: ITS CAUSES AND REMEDIES [§ 129 

for the Sicilian Vespers and for the expulsion of the Tarquins. 
But to see that these things were only the occasion and not the 
whole cause it is only necessary to recall how many infamous 
crimes on the part of conquering kings and peoples Italy has 
suffered to go unpunished. 



ipart Ctoa 

PROPHYLAXIS AND THERAPEUSIS OF 

CRIME 

CHAPTER I 

PENAL SUBSTITUTES — CLIMATE — CIVIUZATION — DENSITT — 
SCIENTIFIC POLICE — PHOTOGRAPHY — IDENTIFICATION 

§130. 

IF crime is often really a fatal consequence of certain constitu- 
tions which are naturaUy predisposed to it, it is then almost 
irremediable; and we can no longer hope that education or im- 
prisonment will be remedies sufficient to combat it. But we 
see in these cases the causes of the constant recidivism under 
every penal system; and, what is more important, we get a 
liint of the proper course for a new system of criminal thera- 
peutics to follow. 

It is no longer enough to repress crime: we must try to pre- 
vent it. If we cannot suppress it, we can at least seek for means 
to decrease the influence of the causes we have been studying, 
upon occajsional, juvenile, and partial criminals. 

For this purpose we must use what Ferri has so happily called ^ 
"penal substitutes." The idea is that the legislator, recogniz- 
ing and studying the causes of crime, shall seek by preventive 
means to neutralize them or at least decrease their effect. 

Thus in the economic sphere freedom of exchange prevents 
local scarcity, and hence removes a fertile cause of theft and 
riot The lowering of customs duties, or, better still, their abo- 
lition, prevents smuggling. A more equitable distribution of 
taxation prevents frauds against the state. The substitution of 
metallic currency for the more easily imitated banknotes reduces 

1 "Sodologie CrimineUe/' Paris, 1890. 



246 



CRIUE: ITS CAUSES AND REMEDIES 



the amount of counterfeiting; better salaries for public officers 
diminish the chance of bribery and corruption; while the dis- 
tribution of wood to the poor stops thefts in the forests better 
than a crowd of gendarmes. Broad, electric-lighted streets are 
better than policemen to prevent theft and rape. 

In tlic polUical sphere, a really liberal government, like that 
of England, prevents anarchistic insurrections and acts of re- 
venge, just as entire liberty of the press prevents corruption of 
the government and insurrections of the governed. 

In the scientific sphere, auto[>sies tend to prevent poisoning 
in general, as Marsh's test has checked arsenic poisoning in par- 
ticular. So, likewise, steamships have abolished piracy, and 
railroads have cut down highway robbery. 

In the legislative sphere, proper laws for the acknowledgment 
of illegitimate children, for investigating their parentage, and 
for indemnification in cases of the breach of a promise of mar- 
riage, will diminish abortions, infanticides, and many homicides 
committed for revenge. In the same way civil justice at a low 
price will prevent offenses ag^nst the public order, juries of 
honor will prevent duels, and foundling hospitals will prevent 
infanticides. 

In the religious system, the marriage of the clergy and the 
abolition of pilgrimages would cause the disappearance of many 
sexual crimes. 

In the field of education, the abolition of atrocious spectacles 
and of gambling would be a means of preventing brawls and 
crimes of violence. 



5 131. Climate and Race 

Let us now attempt a systematic application of substitute 
for punishment, following the classification of the more serious 
causes of crime. 

We certainly cannot prevent the effect of a hot climate upon 
crime, but we ought to try to introduce those institutions most 
fitted to temper its effects. For example, prostitution should 
be regulated in such a way as to diminish sexual excesses; 
baths of salt or fresh water should be made accessible to the 



M31] 



PENAL SUBSTITUTES. ETC. 



247 



whole population, as was the case in ancient Rome and is now 
in Calabria, for nothing diminishes the exciting effect of the 
heat more than cold water. Then we ought to make judicial 
punishments more swift and hence better adapted to affect 
unpresaionable minds; avoiding, however, a pedantic uniform- 
ity that would extend the same laws to northern districts, 
which need different treatment, especially as to crimes against 
persons and, above all, sexual crimes. 

The promoter of the new Italian code ' deplores as a very 
great inconvenience the disparity which exists in the judicial 
treatment of citizens of different parts of the kingdom, but he 
does not reflect that it this difference did not exist in the law, 
it would certainly exist in something much more substantia], 
namely, in public opinion, which interprets a homicide at 
Mazzara quite differently from the way in which it is inter- 
preted at Aosta. a fact that is sure to make itself felt at the 
trial. An attempted rape upon a twelve-year-old girl is a 
different thing in the south, where sexual maturity comes 
early, from what it is in the north, and the question of the 
age of consent must be differently decided for different climates; 
but here there is necessary a careful investigation as to whether, 
and how far, sexual maturity is accompanied by mental matur- 
ity. We have now, in this regard, a unified law; yet it cer- 
tainly has not served to diminish the number of the crimes, 
but only to make the law itself powerless and an object of deri- 
sion. To unify the law in reality, and not upon paper simply, 
it would be necessary to unify the morals, birth-rate, and sexual 
characteristics, and more than that, to unify the climate, soil, 
and system of agriculture; otherwise the law would remain 
like the ukase which commanded the Poles to change their 
language. It is possible to exterminate a people, but not to 
lake away their language, unless it is possible to change at a 
stroke their entire physical constitution. 

It proves nothing that certain countries with populations | 
ethnically different have a uniform law. In Corsica, thanks to 
tlie juries, the French law remains a dead letter. In Switaer- 
land, on the other hand, each canton has its own penal laws, 
' Zanardalli, "Progetto del Nuovo Codice Penale," Rome, 1888. 




248 CRIME: ITS CAUSES AND REMEDIES [§ 132 

and DO inconvenience has resulted from it. The United King- 
dom of Great Britain and Ireland, too, has no general penal 
code, but a series of special laws which varj- for the three 
kingdoms. The same situation exists in the United States. 
And these are the freest countries, and in England, at least, 
crime is on tlie decrease. 

It is not to be desired that the specialization be extended in 
detail to proxinees and communes, for the matter is one that 
affects large ethnic and climatic groups. But where gj-psies, 
for example, arc numerous, it would be absurd to treat them 
as citizens of Paris or London would be treated, and try them 
before gypsy juries. 

{ 133. Barbarism 

It is impossible to extirpate barbarism all at once; but its 
harmful effects can be lessened by clearing the forests, those 
natural fortresses of malefactors, by opening new roads, and 
by founding towns and villages in the wilder places. This last 
was the course taken by Liutprando in 734 to put an end to 
the brigandage that flourished in the uninhabited parts of 
Modena. To these measures should be coupled an energetic 
repression of the arrogance of the powerful and the revenge <rf 
the weak, those two fertile sources of brigandage. By a ra- 
tional education, superstition and prejudice should be removed 
or made to serve against crime, as Garibaldi and NapoleoD 
attempted to have them ser\'e. Certain institutions, without 
utility for ci^-ilized countries, should be abolished; such are 
the jury system, the national guard, popular election of judges 
and all secret societies, especially monastic societies, so favor- 
able to hatred and wrongdoing. Emigration shoidd be watched 
and regulated, and associations of criminals prevented or de- 
stroyed as soon as formed, through rewards offered to their 
individual members for information. Receivers of stolen good< 
and their accomplices, those natural propagators of crime, 
should be severely handled by the aid of an able police force. 
Finally, honest but weak citizens should be encouraged, or, if 
that is not possible, terrified, until, placed between fear of the 



S 133] PENAL SUBSTITUTES. ETC. 249 

criminals and fear ot the law, they shall be more in awe of the 
latter than of the former. This is the method to which Manhes 
owes the destruction of 4000 brigands in four months. 

When crime, not of an economic, political, or religious char- 
acter, but purely ethnic, flourishes under the protection of 
certain free institutions, such as the inviolability of domicile, 
the prohibition of preventive arrest, the freedom of association, 
jury trial, etc., it becomes indispensable to suspend these 
pri\Tleges until the epidemic ot crime is suppressed, as is done 
in the freest countries, England, America, and Portugal. It is 
in the interest of civilization not to allow so precious a posses- 
sion as liberty to be destroyed by misuse. On this account, 
where brigandage, the Camorra, or the Mafia takes on a politi- 
cal aspect, it is necessary to pass the most severe laws to pre- 
vent the possibility of their influencing the elections. The 
elector who Is even merely suspected of participation in these 
associations ought to lose aU poUtical rights; and persons ar- 
rested for such participation should be sent to distant locali- 
ties exempt from endemic criminality, or, better, transported 
to the islands. The pohtical tribunate, of which we shall 
speak later, should give particular attention to the carrying 
out of these measures. Finally, a restriction of the pardoning 
power, especially with reference to organized criminals, would 
be useful; and in any case it ought not to be possible for them 
to return to the district which is their natural field of action. 



f 133. Civilization 

The harmful effects of great aggregations of population, 
which are those of civilization pushed to the limit, can be pre- 
vented by bringing into play new preventives to counteract 
the new weapons placed in the hands of crime. 

The attempt may be made to prevent the evil effects of the 
great centers by transporting to the smaller cities institutions 
that draw numbers of persons to place-s already overcrowded, 
such as universities, academies, scientific laboratories, military 
colleges, etc. These great masses of people cannot be suddenly 
I dispersed, but they can be clarified and the emigration of the 




250 CRIME: ITS CAUSES AND REMEDIES [§134 

unemployed encouraged, by furnishing free transportation if 
necessary. If the population increases more than its food- 
supply, the practice of Neo-Malthusianism must be energeti- 
cally disseminated. 

A certtun Englishman' (a citizen, that is to say, of the 
country which is the most scrupulous about personal liberty) 
proposes that those houses which criminals make their habitual 
resort should be closely watched and, if necessary, suppressed, 
so that these elements of the population shall not be able lo 
meet, and hence may become harmless. He proposes, further, 
to visit with severe penalties what he calls the "capitalists of 
crime," — the receivers of stolen goods, who ahnost always go 
unpunished. 

In order to prevent the increase of crime through immigra- 
tion, a sort of selection should be practiced, as is, to some exteDt, 
done in the United States. Only those should be accepted u 
immigrants who are sound and respectable, and have some 
means and manual skill. It is by virtue of such a selection 
as this, together with judicial investigations, that France has 
been able in recent years to purify the stream of inimigratioii 
and obtain a decrease in crime.^ 

! 134. Modeni Police System 
We have hitherto carried on our police system very much as 
war was made in the heroic ages, when the cleverness or mus- 
cular strength of single individuals alone decided the victory. 
We have very able police officers, — able as Ulysses and Achil- 
les were in their battles; but we have no Moltke, no one corre- 
sponding to a general-staff officer, to make use in his campaigns 
against crime of the resourees offered him by study of statistics, 
criminal anthropology, etc., which would multiply his personal 
talent by the enormous forces placed at his disposal by sd- 
ence. The telegraph, for example, applied to railroad trains, 
tlie railroad itself, the telephone, — these are instruments 
placed in our hands to be used against the new tools that civili- 
zation has furnished to crime. We may add to these a wdl- 
arranged collection of photographs of criminals. 

' ffiD, "Criminal Capitalist," 1872. * Joly, op. dL 



§ 1351 PENAL SUBSTITDTES, ETC. 251 

In America the companies that insure against burglary have 
introduced electric burglar-alarms. In various American cities, 
likewise, the police are furnished with signal boxes, so that in 
case of necessity a policeman can summon assistance without 
leaving his beat. Guillar proposes the association of all nations 
for the arrest of criminals, with uniform extradition treaties 
and a sort of international police, who shall exchange photo- 
graphs of criminals and give notice of those who are going to 
foreign countries, whether voluntarily or because deported — 
with the exception of those rare cases where the criminal has 
learned to support himself by a trade. For this purpose an 
international criminal register and an international biueau of 
information would be necessary.^ 

In England there has been introduced the corps of detectives, 
and in Austria the corresponding organization of ^^Vertraute," 
who form the aggressive force in the fight against crime. 
These take up the search for the criminal and push it to the 
end, making use of all the means at their disposal — railroad, 
tel^raph, press — but especially a knowledge of the features, 
and, what is not so easily changed, the look of criminals, and 
of the collections of photographs of which I have spoken.* 



§ 135. Methods of Identification 

If a good police commissary in Italy wants to put his hand 
upon the unknown author of some crime, he has recourse to 
his memory, to photographs, and also to the clumsy criminal 
roister instituted a few years ago. But in a kingdom as large 
as Italy, with such rapid means of communication, thousands 
of individuals escape observation. The best memory would 
not be much help. Delinquents easily succeed in eluding the 
police by changing their names, or, if arrested, give them a 
false idea of their antecedents by taking the name of some 
lespectable person. From this one sees how necessary it is to 
have means of identifying accused persons with scientific accu- 

1 "Rev. de Disc. Career.," Bulletin Intemat., 1876. 
t In Yienna in nine months of the vear 1872, 150 " Vertraute" arrested 
49fi0 delinquents, among whom were 1426 thieves and 472 swindlers. 



252 CRIME: ITS CAUSES AND REMEDIES [U3S 

racy; and of all the systems proposed for this purpose that (rf 
Bertillon is undoubtedly the best.^ At the prefecture of the 
Paris police, to wliich he was attached, there were preserved 
several thousand photographs of dehnquents, but it became 
increasingly difficult to make use of these as the number d 
delinquents increased. For this reason Bertillon proposed to 
classify criminals according to the measurements of certain 
parts of the body which could be taken as invariable. These 
are: the height, the length and breadth of tlie head, the length 
of the middle finger of the left hand, the length of the Irft toot, 
and the length and cireumference of the left forearm. Suppos- 
ing the records to be divided up into series on the basis of these 
measurements, it is evident that it would be necessaiy in Iden- 
tifying a criminal, only to examine the photographs of a ^n^ 
series, or at most to add the series on each side, as the error 
in measurement could only be very small. 

This system of Bertillon's is based upon the fact that when 
the human body has reached its complete development, it 
remains almost invariable, and that it is impossible to find 
two individuals completely alike. By the use of this method 
Bertillon obtained 3017 identifications between 1883 and 1890. 
This was the first trial of "Bertillonage." After a time it wis 
perceived that it was possible to make the ideutificatiom 
by the measurements alone, without the aid of photographs. 
Thus far the identification had an essentially judicial chanc- 
ter: it served to guarantee to the magistrate the identity sod 
the antecedents of the individual undergoing trial. But a ncv 
advance allowed the utilization of this method by the poUc^ 
in furnishing them with the data necessary to recognize a delin- 
quent still at liberty and concealed imder a false name. TiSs 
Bertillon obtained with "speaking photographs," that bi 
photographs accompanied by a minute description of the indi- 
vidual and his particular physical characteristics. 

' Bonomi, "Project o( an InHtniment for Identifying the PenOB," 
1892; Compagnone, "II Caaellario Giudiziario," Rome, 1895; A, Beitiflol^ 
"Identification Aotlirapometrique, Instructions Signaletiques," MduB, 
1893| Id., "La PhotoBraphie Judiciare, etc.," 1890; Lombroso, "h% 
ApplicatioDH de 1 'Anthropologic Crimmelle, Paris, 1892. [But mt 
Ottolenghi, "PoLzia Scientifica," Turin, 1910, who deacribes the latMt 
improvementB on Bertillon's Byatem. — Tbanhl.I 



§ 1361 PENAL SUBSTITUTES, ETC. 253 

With this same object the author has constructed an im- 
proved "Tachy-Anthropometer," a contrivance by which the 
necessary measurements of the body and skull may be quickly 
made, and which also permits the lateral, transverse, and 
horizontal curves of the skull to be taken and recorded auto- 
maticaUy by means of an electric pen. This latter system has 
the great advantage that the procedure is purely mechanical, 
and that the sources of error are much less numerous than 
in the regular Bertillon system; and while in the millimetric 
measurements the only means of verifying their accuracy is to 
repeat them, where the cranial outlines are taken, their pre- 
cision can be tested by their direct superposition upon the head 
of the subject. It should not be forgotten that in the ordinary 
system the points of difference between individuals are very 
limited, while in the new system they are very numerous. 

§ 136. The Press 

The police force must also avail itself systematically of the 
services of the press. For the press is an instrument of civili- 
zation as well as of crime, and can be neither suppressed nor 
restricted without injury to true freedom. The thing to be 
done, obviously, is to utilize it for the protection of society. 
In Switzerland the governmental authority has a sort of hand- 
book containing the photographs and biographies of the prin- 
cipal Swiss criminals. In Germany it is the custom to insert 
in the more popular newspapers the description of the criminals 
most sought for, their photographs, and the amount of the reward 
promised for their apprehension. At Mainz there is a news- 
paper published in three languages, French, German, and Eng- 
lish ("Moniteur International de Police Criminelle," " Inter- 
nationales Ejriminalpolizeiblatt,'' " International Criminal Police 
Times"), which is published weekly by the police counselor, and 
contains the portraits and marks of the criminals sought. At 
Cairo in Egypt there is published every Thursday a newspaper 
in Arabic, " Vagal *u *bubulis," or Police News, edited by the 
bureau of police, which contains the portraits of the homicides 
and counterfeiters arrested, with notes of their crimes and 



254 CRIME: ITS CAUSES AND REMEDIES [§ 13" 

minute descripUons. Thus the press, through that very pub- 
licity which has been heretofore a source of blackmail, fraud, 
and libel, may become a means of social defense. i 

S 137. PlethyBmograph; 

But there is something better in prospect. We have abolished 
torture, and we may congratulate ourselves upon it. But 
though this brutal means of investigation more often deceix'ed 
than gave light, it is still an evil that nothing better has arisen 
to take the place left empty by its abolition. 

Now the knowledge of biological anomalies (anesthesia, 
analgesia, left- handedness, abnormal field of vision), and of 
psychological anomalies {the cruelty, vanity, and improvidence 
of criminals), may help to fill up the gap; so also, other data, 
like obscene and vindictive tattooing, etc. Despine has al- 
ready suggested the arrest of habitual criminals when Ib^ 
boast that they are gomg to commit a crime, knowing that in 
these cases the act follows close upon the word. We have al- 
ready (in the first volume of my "Homme Criminei ") seen how 
the plethysmograph of Mosso is able, without affecting the 
health and without any pain, to penetrate into the most secret 
recesses of the mind of the criminal.' I have myself made use 
of this instrument in a complicated case, proving that a certain 
well-known criminal was not guilty of the crime with which be 
was accused, but was guilty of a theft, at first connected with 
him by this test alone, but later brought home to him by 
judicial investigation. 

' The plethysmograph is a device for testing variations in the circulstkn 
of the blood, and rests for ita usefulness upon the way tbe circulatioD le- 
eponds to woat ia paaeiDg in the mind. — Trajisi.. 



CHAPTER n 

FRKVENnON OF SEXUAL CRIBiES AND OF FRAUD 

§138. 

SEXUAL crimes ^ and crimes of fraud are the specific crimes 
of advanced civilization. How shall they be remedied? 

§ Z39. The Prevention of Seznal Excesses 

Divorce is a powerful means of preventing a great many 
cases of adultery and many of those other sexual crimes that 
are among the saddest phenomena of modem criminality. By 
the statistics of Ferri * we see the convictions for adultery in 
France increased from 1864 to 1867, while in the same period 
in Saxony, where divorce existed, they decreased; in the Ger- 
man districts where the French law was in force, there were 
many more trials and separations than in the other districts, 
and the sexual crimes were more numerous. In France in the 
period when divorce did not exist, from 1818 to 1874, poison- 
ings among married people were more frequent than among the 
mimarried (45 : SO), but in following years, on the other hand, 
they became fewer. In Italy it is reckoned that no fewer than 
46 homicides a year occur, perpetrated with the sole object of 
patting an end to a union that has become insupportable. I have 
told in my "Homme Criminel" (Vol. II) the case of the Klein- 
roth family, where the sons and their mother killed the father 
because of his continual brutal ill-treatment. In France Mme. 
Godefroy, 43 years of age, had won the respect and affection 
of the whole district for the courage with which she had brought 
up nine children, and had borne for 15 years the ill-treatment of 
her drunken husband; but one day, when he threatened her 

1 Fenta, "I Peryertimenti Seesuali," etc., 1893; Viazzi, "Reati Sessu- 
alL" 1806: Krafft-Ebing, "Psyschopatia Sexualis," 1899. 
< " Jiddvio di Pinchiatria," II, 500; XII, 550. 



266 CRIME; ITS CAUSES AND REMEDIES [§ 139 

with a knife, at the end of her patience, she killed him with an 
iron spade; she gave herself up and was acquitted. 

As regards sexual crimes in general, a considerable number 
are to be attributed to individual congenital tendencies, but 
another part, and this the greater, conies under the categoiy 
of occasional crimes due to the influence of the comparative 
barbarism of the country districts, and to passions which b&ve 
no other outlet, on account of the absence of prostitution and 
the difficulty of marriage; for these crimes are especially to be 
observed in certain mountainous countries where prostitution 
does not exist, and among soldiers and priests. 

But the majority of these crimes are due to the effect of 
civilization. We have a proof of this in the fact of their increase 
in the western pro\4nces of Prussia, where the civilization is 
highest, and in the fact tJiat the sexual assaults upon children 
have increased fivefold in 50 years, while those upon adults 
have decreased. In France these crimes numbered 305 in 1826. 
and by 1882 hod reached 932. The rapes upon children increased 
from 138 to 791, an increase of 500%. In England they num- 
bered 167 in 1830-34; 972 in 1835-39; and 1395 in 1851-55. 
In Prussia, according to Oettingen, sexual misdemeanots in- 
creased between 1855 and 1869 from 225 to 925; while crimes 
of the same nature rose from 1477 to 2945. Modem civilizaUoo 
exercises a still more direct influence. By diffusing educatioa 
it increases the irritation of the nervous system, which, in its 
turn, demands stimulations and pleasure that must always 
be new and more and more keen. It seems that the more a 
man's pyschic activity increases, the more the number of his 
needs and his taste for pleasures grow, especially when his mind 
is not occupied with great scientific and humauitariaQ ideas, 
and when his wealth permits an over-abundant diet. Of aD I 
these, the sexual need is certainly that which is most keenly ' 
felt, and this is that which, throughout the whole animal woHd, 
is in the closest connection with the cerebral system. This 
relationship is sometimes one of antagonism, as seen in the 
great fecimdity of fish and the lower insects, the lesser fectmdity 
of the higher animals, and the sterility of the worker ants ani! 
bees, and of great men; and sometimes one of parallelism, as is 



39] PBEVENTION OF SEXUAL CHIMES 257 

>ved by the greater psychic force at the period of virility and 
the exuberance of health, life, and intelligence to be observed 
ong chaste men. 

rhis insatiability with regard to pleasure in the cases of in- 
iduals of high culture, together with the abundance of op- 
rtunity, explains to us why the crimes against children 
Tease in inverse ratio to the crimes against adults; and it 
ther explains, together with the lack of divorce and the fact 
it marriages between old people are constantly becoming 
>re numerous, the apparently strange fact that this crime, 
[ike all others, is most common in the case of married people. 
France the unmarried furnish 41.5 of the rapes of children, 
1 the married men 45.9: while in other offenses against 
rsons the figures are 48.1 for the unmarried, and 40.4 for the 
jried. 

We may add that because of the continued development of 
esight,^ the more intelligent people are always seeking to 
gender the fewest children possible, and hence incline toward 
lerasty. Thus it is that I have observed among the more 
elligent mountaineers, at Ceresole, for example, marriage 
stponed until the age of 40, in order to have fewer children; 
ile in the mountains where cretinism is most abundant, in 
t Vall^ of Aosta, the marriages produce, at Donnaz, for 
imple, 6.5 children, and at Chatillon, 5.1, nearly double the 



[t is not too bold a hypothesis to say that marriage, where 
alth and influence are preferred to beauty and health, is a 
jisaction in which the choice is made directly contrary to 
i laws of natural selection; and that it consequently becomes 
tef ul and leads not only to desertion of the marriage bed, 
t also to hatred and disgust at the entire sex, and in conse- 
ence to a search for sexual gratification contrary to nature, 
is latter certainly would not be so common if sexual needs 
lid be freely satisfied with a beloved person of the opposite 
:. Civilization, in its turn, materially influences rapes upon 
» immature, by multiplying workshops, mines, schools, and 

1 Fern, "Socialismo e Criminality'' 1883. 
s "Inctiiesta Agraria/' VIII, p. 160. 



I 



258 CRIME: ITS CAUSES AND REMEDIES [g lil 

colleges; and thus furnishes numerous occasions for contact 
between adults, often unmarried, and the immature, among 
whom it is enough that one should be immoral, in order to 
corrupt hundreds. This all explains why the workmen, who 
furnish, according to Fayet, 30% of the general criminality. 
furnish 35% of the rapes upon children. 



§ 140. Legislative and AdmlnistrBtiTe MeaBtires 

It is very easy to follow the old military method and say: 
If crimes increase, let us also increase the penalties, and we 
shall put a stop to them. This is an exaggeration. It b, however, 
true that Ferri also exaggerates when, by a series of statistics 
for France, covering 53 years, he tries to prove the ineffective- 
ness of punishment, because the continual condemnatioiu 
coincide with a continual increase in the number of crimes. 
But if we examine these tables we shall see that if there has 
been an increase in the reformatory penalties visited up>on those 
guilty of rapes upon adults, at the expense of severer punish- 
ments (56. 4: 32.2 = 1.75), on the other hand, the excess of 
sentences to prison over those to hard labor has diminished 
much more ( t-^ : r^ = 2.34 j, a result which proves an in- 
crease in the severity of the penalty on the whole. Now, crimes 
against adults having diminished, it is clear that this severity 
has had a certain influence. We find another proof in the table 
of rapes upon children. Here it seems that the lighter penalties 
have increased at the expense of those that are more severe. 
Here, then, the severity has decreased; and we find that at 
the same time the number of these crimes in France has in- 
creased. The penalty, then, is not without its influence. 

Yet it is incontestable that in this case we must look to 
preventive measures much more than to punitive ones. For 
thb reason the schools, and the workshops where children arc 
employed, should be supervised. An excellent substitute for 
penal measures in the case of pederasty, for example, is to put 
directoresses or married women as supervisors in the work- 
shops where children work at night; and this measure would 



J 



fl4D] PREVENTION OF SEXUAL CRIMES 259 

be the more easily put in practice, since it would be economi- 
cally advantageous. It would also be necessary to prohibit 
child-labor in the mines, as is done by the French law of 1874 
with regard to the labor of children — a law which has been 
in force since 1875 and coincides with a diminution in the num- 
ber of rapes upon children since 1876. Another remedy would 
certainly be the diffusion of prostitution in the agricultural 
districts, and especially in localities where there are a large 
number of sailors, soldiers, and laborers. It is especially neces- 
sary to make sexual intercourse accessible to all dissolute- 
minded young men. 

No law can be devised to prevent mercenary marriages, 
which, because of their origin, easily become repugnant. But 
at least a greater facility of divorce can be granted, that the 
antipathy may not reach the point of leading to hatred and 
crime. It is evident that divorce b destined to diminish the 
number of crimes of adultery. In the first place, it permits a 
kgitimate sexual satisfaction to husbands, who if young and 
merely separated from their wives would certainly procure 
illegitimate satisfaction; and, in the second place, it threatens 
the unmarried adulterer, who now runs, at most, the risk of a 
due!, with the far greater danger of a forced marriage with an 
unchaste woman. In the present state of things the injured 
husband, if he has recourse to the courts, runs much more risk 
and is subjected to more annoyances, than the true culprit, 
on account of the publicity and ridicule to which he is subjected, 
to say nothing of the chance of the eventual acquittal of the 
offender. Further, divorce is a preventive against crimes of 
vengeance on the part of the injured husband {crimes frequent 
on the stage, though rare in real life), and against the new 
French remedy of acid-throwing it would be much better and 
more effective than all the efforts of the courts. Even when 
the author of the crime is acquitted by the court and absolved 
by public opinion, he remains none the less a criminal; and 
the killing of an adulterer, however culpable he may be, is 
always a kind of wild justice, left in the hands of the injured 
person by a custom still entirely savage. Now it is to be noted 
that, according to Dumas, who ought to know something about 



I 



260 CRIME: ITS CAUSES AND REMEDIES [§ 1« 

it, these murders occur oftener in le^timate marriages than in 
cases of coDcubinage, because it is in the former that the need 
of avenging the violation of one's own legitimate property is 
most keenly felt. 

I have shown in a previous chapter that there are certain 
perverse natures which are irresistibly drawn toward one another. 
The marriage of such is happy for the participants, however 
harmful for society. But what of those cases where one of 
these depraved beings is united with a respectable person, when 
a satyr like tlie Frenchman Ferlin, who, by 7 servants besides 
his wife, had 54 children and ended by ravishing one of his own 
daughters, is married to a chaste and sober woman? From 
such cases we see new causes and forms of crime arise. The 
ancient jurists, who were anything but considerate to women, 
admitted that a woman who was beaten by her husband could 
not be accused if afterward she committed adultery.' Plainly, 
the ancients saw in adultery a preventive against marital 
cruelty. Now. divorce would be a better preventive. 

But divorce alone is not sufficient. It is necessary to inast 
Upon investigation into the question of paternity, and, above 
all, reparation for the woman seduced. If we cast a glance at 
our society we see there, as regards the se.\ual instinct, two 
opposite currents. On the one side sexual desires increase as 
intelligence and civilization increase — hence the great number 
of educated offenders; and on the other side, the means o( 
satisfying this need becomes more and more difEcult. It a 
from this fatal situation that sexual crimes arise. But the 
situation is aggravated by that prejudice which makes n» 
regard that as a grave offense for one sex, which for the other ii 
not even a misdemeanor; but which makes the sexual act enough 
of a fault in a young man to drive him to satisfy this imperious 
need, in his morej^rgtic moments, by acts contrary- to nature. 
Hence we see, added to the congenital perverts who are the 
inevitable effect of degeneracy, numbers of accidental p 
who need not have been made such. 



' "Si vir uitorem atrtwiua verberaverit atque 
terium committat, ooa potent cam maritus 
Leg. Counub-"). 



lo are UK J 
il perveti 1 

jat et "^^H 



§ 141] PREVENTION OF SEXUAL CRIMES 261 

When, then, a true balance comes to be struck between the 
demands of nature and those of morality and duty, we shall 
see crimes of this character rapidly diminish. For this purpose 
it is necessarj' to make marriage less mercenary, to make legiti- 
mate sexual relations easier, to make maternity always respected, 
and especially to make obligatory that reparation to the woman 
which the law now not only does not provide, but actually 
prevents, by forbidding inquiry into the question of paternity. 
These are the true preventives, not only of sexual crimes, but 
also of infanticide and of many suicides and homicides, crimes 
which in general arise from sexual relationships; and these 
criminals are just those most worthy of human pity, the more 
so as the guilty are most often those who are otherwise respect- 
able people. 



Fraud and breach of trust are the most modem crimes and 
show the result of evolution and civilization upon crime, — a 
process in which it has lost all the cruelty which characterized it 
in primitive ages, substituting greed and that habit of lying 
which unfortunately threatens to become general among us. 
Thus if we pass from the more retired valleys into the small 
towns, and from the towns to the great cities, we shall see, as we 
pass from small to great, the commercial lie, sn-indling on a 
small scale, take on larger and larger proportions; and in the 
highest society, under the form of 6nancial corporations, we 
shall see the true, the gigantic system of swindling flourishing 
permanently, sheltered behind the most high-sounding and 
honored, if not the most honorable, names. It is, then, natural 
that the common swindler, or the corrupt politician, should not 
be a bom criminal, but a criminaloid possessing all the qualities 
ol the normal man; so that without a propitious opportunity, 
L opportunity, we may even say, as would be almost 
sough to corrupt an honest man, he would not have stumbled.' 
Now, here we see a means of prevention by the dissemination 
f ol the modem economic truth that a bank which gives itself up 
Vawely to speculating in the product of money can only be a 
' Lombroao, "Homme Criminel," Vol. II. 



262 CRIME: ITS CAUSES AND REMEDIES IJ 141 

swindling scheme, since money cannot of its own power mul- 
tiply it^«elf. Further, we must demand, in every case, that the 
directors of corporate banks, having agricultural or industrial 
objects, shall offer effective guarantees that losses will be made 
good, even when a disastrous operation has been sanctioQcd 
by the stockholders. Tliis last provision is the more necessary, 
since stockholders are often only convenient instruments in the 
hands of rogues, and are made their involuntary and uncon- 
scious accompUces. 

The bankers and jewelers of London and Paris hare found 
an ingenious method of discovering swindlers who approftd) 
them under the disguise of men of high station. They emj^oy 
for this purpose dogs trained to recognize the odor of these 
pretended rich persons, who bathe but rarely. They make use, 
also, of the telephone, of instantaneous photography, and of the 
new telephotography, which transmits the image of the sus- 
pected client, as the telephone does the voice. Hence the swind- 
ler is in danger of being arrested before ever leaving the place 
where he attempts his fraud. 

But it becomes much more diflBcnlt to prevent swindling when 
it is protected by political or governmental power. Swindling 
by taking advantage of political office seems to many persons 
to-day no more a crime, than the use of poison did in the Mid- 
dle Ages, when not only the Borgias, but also the Ten in Venice 
made use of it as a common pohtical weapon. Now, from 
assisting a newspaper with the public money ("the public's 
money is no one's money "} to helping a friend, and then finaDf 
one's self, is but a short step, especially for those who seek to 
supply the lack of genius with lack of honesty. 

But here the institution of parliamentary government hu 
its effect, especially through increasing the lack of responsibility- 
When we lived under a despotic government the royal concu- 
bines pocketed the public money. Tonday it is the deputies 
who have taken their places. For these, considering them- 
selves, like the kings, inviolable, and being even more ine- 
sponsible than the kings, naturally deny themselves nothing, 
unless restrained by moral sense. Find the means of putting 
e treasures into the hands of men who are irresponsible 



§ 141] PREVENTION OF SEXUAL CRIMES 263 

and inviolahle, or nearly so, and then try to tell them that they 
must not touch those treasures! To-day the evil is so much 
the greater, as the deputies and senators are more numerous, 
and hence more dangerous, than kings. It is easy to under- 
stand why they are more dangerous. In the electoral contest 
it is not intellectual qualities, and still less moral qualities, that 
decide the victory. Far from it! The man who has new ideas 
simply dashes himself against the stone wall of the people's 
conservative prejudices. He, who with a free conscience points 
out an evil and proposes the remedy, injiires the interests of 
some powerful voters. The respectable man who does not 
combat abuses openly injures no one, but he also accomplishes 
nothing; and all run the risk of being submerged by the medi- 
ocrity, which satisfies the world with an insigmficant program, 
or by the brazen and corrupt, who buy the needed votes. 

It is necessary, then, to restrict the number of these repre- 
sentatives of the nation, to limit tlieir power, and to remove 
their special privileges. In ordinaiy offenses it is just that they 
should be held to a greater responsibility than others, as in 
England, where merely the suspicion of adultery, which for 
most persons would not have been considered a crime, was 
enough to cause the fall of Pamell. 

For this reason the largest liberty must be given to the press. 
In the present state of things the guilty not only cannot be ac- 
cused, but, if they are accused, find a new resource in their 
own crimes; and they can, at the expense of honest men and 
with the aid of the law itself, indemnify themselves for the 
efforts which honorable men make to expose their misdeeds. 

This happened in France when B some years ago got a 

young journalist convicted and heavily sentenced for reveal- 
ing only a small part of the truth about Panama. 

Here is the place to say that in such cases to lay bare the 
sores b not, as some weak persons believe, to increase the evil, 
but on the contrary to begin the work of healing. A country 
which, like France, seeks to cast the light of day upon the foul 
places in order to purify itself, regains its rank in the estima- 
tion of the world and in popular opinion, however high may be 
the statioQ of the guilty. 




264 CRIME: ITS CAUSES AND REMKDTRS [§111 

One of the reforms that would serve best to check politk&I 
corruption would be an extensive decentralization. When a 
government, centralized like the Italian or the French, has tk 
right to administer enormous sums and manage affairs involving 
billions, as in many of our public works, corruption inevitaUy 
arises, because the control of the public is no longer activdr 
or directly exercised, and a wider door of impunity is left open. 
But if, on the other hand, the public business has to be trans- 
acted in broad daylight, under the eyes of all, the control wiD 
be more efficacious, and those weak persons whom mooe^ 
might corrupt will find in the publicity of th^ acts a means 
of resisting evil. Panama scandals occur always in the great 
central administrations, and never, or in much «ith^1Uf pro- 
portions, in municipal administration. 

The abuse of public office is thus a crime of the most advanonl 
civilization, which can be prevented only by limifing the number 
and power of the deputies and senators, who are the natunl 
protectors of corrupt officiab; by a decentralization which wil 
permit a more active surveillance and decrease the number 
of monopolies; but especially by cutting down the number of 
officials. Russia and Italy are really governments of offidah 
who absorb and stifle everything that has vital force in the 
country, and, under pretext of sustaining life, destroy it. Now 
it is possible, in the courts, for example, to replace the coIIe^ 
tive functionaries by a single judge, and thus increase the sense 
of responsibility and at the same time discover cases of comip- 
tion more easily. By a diminution in the number of employees 
it would be made possible to choose the best ones. I have pro- 
posed, for example, to choose the judges in the first place by 
examinations; then, for the next higher grade, by the number 
of decisions not revoked by the higher courts; and finally, for 
the higher judges, by the number of cases treated by direct 
citation and by their issue on appeal. This would be the most 
exact criterion, and at the same time a great encouragement to 
well-doing. 



CHAPTER III 

THE FBEVENTION OF ALCOHOLISM^ 

§143. 

IN combating alcoholism we should be inspired by the 
extraordinary efforts that the Anglo-Saxons have made. 
Their temperance societies have become very powerful, and by 
1867 already included 3,000,000 members and published three 
weekly and three monthly papers. In Glasgow they spent 
£2000 to open coffee houses in districts where workmen most 
frequented the whiskey-shops. In London on holidays they 
opened tea-rooms and theaters able to hold more than 4500 
persons. At the Congress in Baltimore in 1878 they were 
represented by more than 750,000 members; and in five years 
th^ boasted that they had caused the closing of 4000 distil- 
leries and 8000 liquor saloons. In America the women were 
powerful allies of these inexorable enemies of alcoholism. To 
save their brothers and husbands they forced the liquor 
dealers, by their prayers and their importunate exhortations, 
to dose their shops. Some resisted and threatened to strike 
them, or turned the hose on them; others had recourse to the 
courts, or set bears at them. But they were protected by their 
own weakness, by their perseverance, and by the righteousness 
of their cause; and even when a jury found them guilty the 
judge was not willing to pronounce sentence. Put to flight one 
day, they returned to the attack the next, so that many had to 
yield to their indomitable energy. In Germany and Switzerland 
there arose under the auspices of Forel newspapers and libraries 

1 WiDl Bode, ''Die Heilung der TninksuclVb'' Bremerhaven, 1890; 
O. Bun(». "Die Alkoholfrage," ZQrich, 1890; A. Forel, "Die Ernchtung 
von Trmker-Asylen und i&er EinfUffung in die Gesetzgebung/' 1890; 
Id., "Die Reform der Geaellschaft durcn die vdllige Emthaltung yon 
alkobolischen Qetrftnken/' 1891; Zerboglio, "Soil' Alcooliflmo/' 1895; 
Korsakoff, ' "Lois et Mesures Prophylactiques," Turin, 1894; Claude, 
"Rapport au Sdnat sur la Consonmiation de Talcool en France/' 1897; 
Jaoquet, "L'Alcoolisme/' 1897; Legrain, "D^g^neresoenoe Sociale et 
Alcoolisme/' 1877. 



5 



266 CRIME: IIS CAUSES AND REMEDIES [§ 1' 

whose sole aim was to combat the abuse of alcohol. Through 
the combined effect of such efforts great changes were made in 
institutions in this regard. In 1832 the custom was com- 
menced of giving additional pay to every sailor who would 
give up his ration of grog; in the rations of the land troops 
spirits were suppressed {the sutlers were forbidden to sdl . 
them), and replaced by coffee and sugar, a measure which WMM 
later adopted by the great industrial companies. M 

In 1845 the State of New York declared against the unre- 
stricted sale of liquor; Maine followed its example; but never- 
theless the sale continued in secret. Then it was that the 
famous Maine law was passed, which prohibited expressly the 
manufacture and sale of spirituous liquors, except for medicinal 
purposes; the difficulty of transporting such liquors became 
extreme; it was forbidden to have more than one gallon in the 
house, and the law permitted domiciliary visits for the purpose 
of discovering hidden supplies. This law was adopted in some 
of the other states, but was largely ineffective because of the 
presence of foreigners and the attitude of the central govern- 
ment. In all the states of the Union (and later in Switzerland 
and Prussia) laws were passed which prohibited the sale of 
alcoholic drinks to students, minors, Insane persons, and Indians. 
The dealer was made responsible for damage and injuries caused 
by drunkenness, responsibility for which, in Illinois 
as high as $5000. In some States the dealer was aJso liable for 
damage to the drinker's family, caused by idleness and bf 
diseases due to drink. 

In England since 1856 the sale of liquor on holidays baa 
been prohibited. Later in 1864 and 1870 the sale was restricUd 
to certain hours. A fine of from 7 to 40 shillings, or a day IB 
prison, was imposed by law upon every one found publicly il 
a state of intoxication. In 1871, under Gladstone (who suffered 
from the unpopularity of the measure), the number of public 



houses was limited as follows: 

In the towns la the country 

1 to laOO inhabitaata 1 to 900 inhabiUiita 

e " 8000 " t ■' 1800 

3 •' 4000 " 3 •' 18O0 




§142] THE PREVENTION OF ALCOHOLISM 267 

Special inspectors are appointed to control the illegal sale of 
liquor, and adulteration is punished by progressive 6nes and 
loss of license. By the law of 1873 it was ordered that no new 
licenses 'jdiould be granted as long as existing licenses continued 
in force, and out of the money received from licenses certain 
sums were set aside to buy up the licenses of public houses that 
it was desirable to close. To these things must be added the 
exhortations of preachers, especially those of Father Mathew, 
who in 1838-40 succeeded by his eloquence alone in diminish- 
ing the consumption of alcohol in Ireland by half and cutting 
down the crimes from 6400 to 4100. Finally, there is the 
tax upon alcoholic drinks. In the United States this tax is 
very high; in France it pays the state more than 600,000,000 
francs, and there is talk of increasing it. In Belgium it brings 
in more than 13,000,000. 

According to the prenal code of Holland, passed in 1881, 
drunkenness upon the public streets is punished by a maximum 
fine of 15 florins; upon a second offense the punishment is im- 
prisonment for three days, and upon a third offense within a 
year of the first the imprisonment may be extended to two 
weeks. In succeeding years it may reach three weeks or more, 
and if the offender is capable of working he may be sent to a 
public workhouse for a year or more. The retailer who fur- 
nishes drinks to a child below 16 years of age is pimished by 
imprisonment for not more than three weeks, and by a fine of 
not more than 100 florins. The law of 1881 forbids the sale of 
tilcohol in quantities of less than 2 liters without the authoriza- 
tion of the government of the commune. Tins is refused when 
the number of shops reaches 

I to 600 inbnbitonts in the larfce cities 

I " 300 " " cities of from 20,000 to 50.000 populatioa 

1 " 2S0 " •' Lhe villages 

As a result of the promulgation of this law the number of 
shops, which was 40,000 m 1881, fell to 25,000 by 1891.i 

In Switzerland the privilege of exporting alcohol, of making 
it, and of selling it wholesale, belongs to the government. Two- 
thirds of the quantity consumed must be imported; of the re- 
' Jacquet, op. eil. 



J 



268 CRIME: ITS CAUSES AND REMEDIES 

maining third, hall is manufactured by the state, which has 
taken over the larger distilleries for this purpose; and the rest 
is sold by the 200 small distilleries. The price of sale is fixed 
by the Federal Council. Pure alcohol and the stronger spirits 
are subject to a federal tax of 80 francs to the metric quintal, 
and is measured by special federal officers. After ttie passage 
of this law the consumption of alcoholic drinks fell 20%. The 
Canton of Saint-Gall, by a law promulgated in May, 1891, 
gave the public authorities, communal or municipal, the poww 
of assuming the guardianship of an habitual drinker, at the 
expense either of the patient or the poor-fund. 

In Sweden, where alcoholism rages to the extent of being an 
endemic disease, the taxes on the distillation of brandy were 
raised in 1855—56-64, successively from 2 francs to the hec- 
toliter to 27 and 32, The use of steam in the distilleries was 
forbidden, the production limited to 2610 liters a daj', and 
distillation permitted only two months in the year (later seven 
mouths, but only in the large distilleries), in order to suppress 
the small ones, recognized as most harmful to the people. Ai 
a consequence the production of alcohol fell two-thirds in ten 
years, and the price rose from ,50 to 1.30 Kr. a liter. In Sweden 
a corporation collected enough money to buy up the drink- 
shops of a district, and allowed the retailers, now become their 
employees, to make a profit merely upon the tea, coffee, and 
food that they sold. This association has found imitators in 
147 Swedish cities. It sold only pure liquors, and refused to sell 
to drunkards or minors. Since 1813 there has existed, more- 
over, a law which fined a person found drunk upon the streets 
three dollars for the first offense, twice that for the second of- 
fense, and for the third and fourth took away his right of vote 
and representation. At the fifth offense he was condemned to 
prison or to the house of correction at hard labor for six montlu. 
and upon the sixth offense, for one year. Further (at least in 
Norway), the sale of spirits is prohibited upon holidays and 
the day before, and before 8 o'clock in the morning.' 

Which of all these remedies has given the best result? 

Many of the most energetic measures, espedally the repit^ 
» "Ann. de Stat.," 1880. 




§ 142] THE PHEVENTION OF ALCOHOLISM 269 

sive measures, have come far from realizing the end for which 
they were designetl, except in Switzerland, England, and Sweden. 
We know that from 1851 to 1857 serious crimes decreased 40% 
in Sweden, and lesser crimes 30%, and that this diminution 
constantly makes itself felt. There were 40,621 crimes in 1865, 
and only 25,277 In 1868.' In the period from 1830 to 1834. with 
an average consumption of 46 hters of brandy, there were 59 
murders and 2281 thefts, and in 1875-78, the consumption of 
brandy having fallen to 11 liters, the number of miuders had 
fallen to 18 and that of thefts to 1871 (Jaquet). At the same 
time the average stature and length of life had increased (Baer) ; 
and the figure for suicides of alcoholics, which was 46 in 1861, 
had fallen to 11 by 1869. The number of drunkards has also 
decreased, but not so much and in an irregular manner. At 
Gothenburg, for example, there was: 
a 1851 1 d 
' 1859 1 

*■ 1860 1 

" 1865 1 

" 1866 1 

" IH70 1 

" 1872 I 

" 1873 I 

•' 1H7* I 

It is nevertheless true that when my colleague. Dr. Brusa, 
arrived in Gothenburg on a holiday, tliough he himself could 
not get a drop of wine, he met a number of persons drunk on 
the streets. On the other hand, it is certain that all these 
Draconian laws have not prevented alcoholism from increasing 
in France and America. It has even been affirmed that the 
Maine law is rather a political weapon than a hygienic measure; 
and that the illicit sale of alcoholic drinks, of which the very 
legislators who prohibit it are often guilty, furthers alcoholism 
by making all drinking disreputable. In France, the tax upon 
alcohol, which rose from 37.40 francs to 60 in 1855, to 90 in 1860, 
and to 150 in 1871, now actually amounts to 156.25 francs to the 
hectoliter of pure alcohol. Notwithstanding this, the average 
per capita consumption rose from 11.45 liters in 1850, to the 
enormous amount of 41.56 in 189* (Claude). The same thing 
^^^^^ ' Bertrand, " Ebbm but 1' Intemperance," 1876. 



270 CRIME: ITS CAUSES AND REMEDIES (§ 142 

in effect may be said with regard to England, where, notwith- 
standing the exorbitant tax of 489.20 francs to the hectoliter of 
pure alcohol, the consumption in the United Kingdom between 
1860 and 1880 has wavered between 4,1 and 5.7 liters per capita, 
and from 1880 to 1893, with some slight changes, has maintained 
the figure of 4.5 liters. The trifling diminution is certainly \ess 
to be attributed to the tax than to the total abstainers, whose 
number is estimated at 5,000,000. 

There is small reason for astonishment at the comparative 
inefiScacy of these fiscal measures, if we take into account tij< 
fact that they only slightly and indirectly affect the consumer 
This may easily be seen by following Dupuy's calculations: 

"Suppose that a liter of alcohol costs, tax and all, about 4 
francs. We know that from a liter of alcohol it is possible to 
make two and a half liters of brandy. Now, a liter holds 30 to 
40 small glasses — let us say 33 — at 3 centiliters to a class. 
From a liter of alcohol we should then get two and a half liUn 
of brandy, or 82 small glasses. At 10 centimes a glass the re- 
tailer gets 8.20 francs. This is 4.20 francs more than the cost 
price. The margin is large, and leaves ample profit for retailer 
and wholesaler both" (Claude). 

But the lack of success is due especially to the fact that do 
repressive law can accompUsh its purpose when it runs counter 
to our instincts. Now among these instincts is that desire for 
psychic stimulation, such as one may get from wine, a need 
which increases with the progress of civilization. For Uiii 
reason the poor miners in Scotland, who have not enough money 
to buy whiskey, have recourse to laudanum; and the poor of 
London allay the pangs of hunger in the same way.' In Irelaiwi 
when the preaching of Father Mathew had turned the people 
away from alcoholic drinks, they unexpectedly became addicted 
to the use of ether,' of which the good pastor had never thought. 

> Colking calculates that in 1867 there were 78,000 pouods of opium iMd 
in the UniUd States for narcotic purpoeee ("Opium and Opium Eaim 
Philadelphia, 1871). In Kentucky the legislature paesod a law by whitt 
anyone who, throu^ the use of opium, arsenic, or other drugs, becaiH 
incapable of controlling himself, might tie placed in care of a guorditiii 
or shut up in an asylum (Fazio, "Dell' Ubbriachezza," 1875). In Ua- 
don 118.915 pounds of opium were imported in 1857, and in 1862, 280,750; 
and still more in the ntanufucturing centers of Lancashire (Fazio, op. eit). 

' They used a mixture of ethyl- and methyl-ether. 



S142I 



THE PREVENTION OF ALCOHOLISM 



271 



"This," said they, "is not wine, it is not gin, which Father 
Mathew has forbidden us to use; and it makes us merry for a 
few pence, so we drink it." They made use of it even to the 
point of drunkenness, frequently talung 7 to 14 grams, while 
inveterate users went as high as 90 grams. 

The true ideal of a wise and philanthropic legislator, in the 
combat with alcoholisnj. would be to provide the people with 
some form of mental stimulant that would injure neither mind 
nor body, and would not have the danger of alcohol. Subsidies 
to the large theaters have been discussed in this connection. 
Why should not popular theaters and shows be subsidized? It 
would be quite fair to refuse to subsidize great theaters, since 
they are only for the rich, and to provide, instead, a means of 
mental distraction to the poor, which would be of use in pre- 
venting aicoholism. At a mass meeting in Turin in the interest 
of temperance, a workman asked that tlie theaters should be 
kept in operation all day on Sunday at a low price, so that the 
workmen might have something to keep them out of the wine- 
^ops. This was the only rational suggestion made at the meet- 
ing, and it was indignantly rejected. Fomi tells us that in a 
small district in the south of Italy the wine-shop keeper had 
the leader of a troupe of comedians thrashed, because since he 
had arrived there with his cheap performances (the admission 
price was IS centimes) the retailer had sold only half as much 
wine as usual.' In Italy, as we shall see later, the clergy alone 
have organized recreations on a large scale for the feast-days, 
by means of which the poor can agreeably pass their time be- 
tween one prayer and the next without resorting to the wine- 
-tu'p. No other class has done as much. 

f ! is nccessar>' also to extend the use of lea and coffee, which 
: liiilftte the brain without paralyzing the inhihitoiy faculties 
. .ilcohol does. To do this it i* not ciwuicU Iji Inrn-n** iU'- rn»M 
lijion alcohol: it is necessary also, as Pi  
.■^uR^iested, to lower the taxm ut>oti im|" ■< 
.--.free, and particularly npoo sagor, wlu 

-kr other drinks ag^.^<>abIe. pi« 

. i rages. Since the dark and u 



272 CRIME: ITS CAUSES AND REMEDIES [§ 143 

narrow and dirty streets, in which workmen are obliged to livei 
drive them irresistibly to the wine-sbop, we should widen the 
streets, and build for the workingman buildings with belt» 
air, and of a sort to make the domestic heaj-th an agreeable and 
respectable resting-place, to be preferred to the wine-shop. 

After these measures have been adopted it will be time to 
come down upon the retailers of alcoholic beverages, by restrict- 
ing the hours of sale at night and on holidays, by restricting 
the licenses, and by forcing the sale of food and coffee, par- 
ticularly in the neighborhood of factories. It will be necessuy 
to be even more strict with the proprietors of factories and 
mines, when they themselves sell alcoholic drinks, for by thetr 
authority they help corrupt the most sober workman. Finally, 
spirituous liquors should have very heavy taxes laid upon them, 
a measure much more moral and salutary than taxing salt and 
flour; and the consumption of amyl-alcohol should be prohibilecl. 
and also the use of all alcohols not rectified, including bitten; 
vennouth, etc., since these are the most harmful to health. 

It has also been proposed to forbid the sale of alcoholic drinb 
on credit, and to declare contracts made in the wine-cellars Dot 
binding. A measure that seems especiaUy practical is to ban 
the workman's wages paid to his family in the morning instead 
of at night, and never on a holiday or the day before.' Let no 
one interpose the usual protest about personal liberty, fix 
when we see the Anglo-Saxons, the most democratic people in 
the world, carrying their restrictions even to the hours whoi 
liquor may be sold and the amount that each person may have 
in his house; when we see a Gladstone the promoter and apostle 
of similar measures, while in Italy the hours of .sale are increased) 
and no one raises a voice for the substitution of taxes on tlie 
wine-shops for the baneful taxes upon salt and flour, — one b 
driven to ask himself whether this pretended devotion to liberty 
is not simply the result of the avarice of trade. 

§ 143. Cure 

With regard to direct cure, use has been made of stryduiiiw 

bromides, tinctiu^ of nux vomica, cold baths (Kowalewsky)* 



THE PREVENTION OF ALCOHOLISM 



273 



baths of hot air impregnated with vapor of turpentine, and 
sulphur baths, according to the nature of the case and its com- 
plications. Massage and gymnastics have also been made use 
of; and Forel, Ladame, and Bucknill have obtained good results 
with hypnotism where the patient was susceptible to it. Forel, 
Kowalewsky, Ladame, Legraiu, and Magnan have introduced 
the rational cure of drunkenness by isolation and absolute depri- 
vation of all alcoholic drinks for a period which Masson, Crother, 
and Hirsch think should be a year, Dr>'sdale and Kraepelin 
nine months, and Forel from four months to a year. Magnan 
advises, further, a Ught, strengthening diet; meat, vegetables, 
fruits, and sweet foods, and for drinks, bitter infusions (hops, 
quassia), bouillon, tea, and coffee.' To this we may add mus- 
cular labor, especially agricultural, even for those who are not 
accustomed to it. But, as Magnan says,* what is especially 
necessary is a moral reeducation, by means of discussions and 
lectures, which shall show to these patients the danger and harm 
of alcohol, and awaken their affections and moral sense. For 
this purpose Forel has established in the country the asylum of 
EUetton, a kind of farm-colony, under the paternal rule of a 
superintendent who is at once administrator and the educator 
of his charges. These form one family, living in common a 
simple and healthful Ute, encouraging one another, busy with 
regular work, and aU subjected to total abstinence. This ex- 
periment is a success in 63% of the cases. Similar methods in 
the United States, from the statbtics of 3000 cases, show about 
the same percentage of success. 

Magnan proposes the committal to special asylums of habitual 
drunkards and of all who have alcoholic delirium, even after 
the delirium has ceased, for 17 or 18 months — or in the case m 
of incurables.for an indeterminate period, as is already prescribed J 

' In the "Revue d'Hyp6ne," 1895, Ludwig propoBes an agreeabla 1 
drink, the color and taste of whirh recalls flparkling white wine. It ia 
made aa IoUowb: Wlut« stigar 1 kilogram, ml sugar 1 kilogr., ground 
barley 500 gr,, bops 30 gr,, coriaodcr 30 gr,, cIderDerriee 25 gr., violets 
35 gr.p vinegar 1 liter, water 50 lil«re. Take a perfectly clean caak, cut 
out a hole 4 or 5 inchea square in plac« of the bunghole, and put in firit 
the augur and then the other ingredient*; mix all carefully, and leave 
bo atecp for eight days; draw off, filter, and bottle, corking carcfulty. 
Tbia costs about 7 ceatimca a liter, and raaemblee wine veiy dosoly. 

• "La M6decine Moderne," Nov., 1893. 



274 CRIME: ITS CAUSES AND BEMEDIES [§ 143 

in the canton of Saint Gall, in Switzerland. Hospitals for al- 
coholics have a double object: first, that of protecting sodetj 
by withdrawing drunkards from it; and second, that of put- 
ting the drunkards in the best condition for cure and conection. 
Such hospitals should receive: first, the person ^who has com- 
mitted an offense in a drunken fit; secondly, anyone who has 
dissipated his own property and that of his family by his in- 
temperance; and thirdly, any person found drunk on the 
street a niunber of times, etc. In the first class of cases the 
hospital is a substitute for the prison or insane a^luuL In 
the others it is a temporary refuge. Anyone who has committed 
a crime in a state of intoxication, if after an investigation by 
e3q)erts he is proved to be dangerous, should be shut up in id 
inebriate hospital for an indeterminate period. In the caie 
where a crime has been conmiitted by an intoxicated pefBOi 
who is not an habitual drunkard, and he is found to be pcf- 
fectly sound, he should be examined for anthropolo^cal anl 
p^chical marks of degeneracy as signs of a criminal tendencj. 
If these are found he should not be released until a care is ai- 
sured, which means, in most cases, his permanent detcntiwv 



CHAPTER IV 

P REVEN T IVE IfEASUBES AGAINST THE INFLUENCE OF POVERTT 

AND WEALTH 

IF, as we have seen, wealth that is excessive or too rapidly 
acquired has almost as fatal an influence as poverty, it 
follows that preventive measures will be efficacious only when 
they combat the excess of the one as well as of the other. 

The first thing of importance here is to secure reforms that 
shall assure greater equality in the distribution of the returns 
of labor and make work accessible for every able-bodied person; 
for example, the limitation of the hours of labor according to 
the age of the worker and the nature of the work, especially in 
mines and in unhealthful trades, and the exclusion of women, 
also, from work at night, thus protecting their virtue and health, 
and at the same time bringing larger returns to a greater number 
of workers. For the attainment of this object it is not enough 
to authorize strikes theoretically. It is also necessary to per- 
mit their organization practically and not to suppress trades 
unions and boycotts, without which the liberty of striking is 
no more than a legal hypocrisy. On the other hand, the aboli- 
tion of lotteries and of many holidays, the facilitation of civil 
actions, the turning over to the conmiunes of lighting, road- 
making, schools, and water-supply, would prevent much 
<x>miption and extend to a greater number of laborers the 
advantages of hygiene and the cheapest market in things most 
necessary to life. This would make it possible to mitigate the 
distress of the poor, without producing any disorder or injuring 
the rich. 

The excess of wealth, on the other hand, may be counteracted 
l>y making the rich share their profits with the laborers, and by 
establishing progressive taxes, especially upon legacies, taxes 



276 CRIME: ITS CAUSES AND REMEDIES [JIM 

which shall weigh heavily upon or even annul legacies received 
from distant relatives, and turn these, as well as the gains of 
speculation and gambling, to the profit of the state and Uk 
helpless. We have already made a great step toward lie 
expropriation and subdivision of property by abolishing ecde- 
siastical beneiices and entailed estates, and by means of these 
taxes we could, without too much disturbance, bring about n 
still greater subdivision. Why do we allow a peasant in upper 
Italy to eat poisoned bread, which gives him pellagra, when we 
could prevent it with the law which we apply effectively in the 
cities? Why do we allow the dwellers in the malaria districts 
to die, when the sale of quinine at a low price would save then? 
Finally, if the want of coal prevents the expansion of certain 
industries, the government could extend the use of the water 
power at our disposal, at the expense of a small part of the 
enormous sums which it wastes without thought upon iniUtarf 
and official pomp. 

On the other hand, since the great country estates, by pe^ 
petuating the wealth of the few, perpetuate also the illness and 
poverty of the many, why should they not be expropriated to 
the state? and why should not more prejudicial agrarian eon- 
tracts be modified, and the peasants receive a larger share in 
the profits? Henry George shows that if the state confiscated 
the land and let it directly to capable laborers, it would not 
only bring about a higher productivity, but also fix a minimum 
wage, higher than present wages, and thus encourage workmen 
insufficiently paid to devote themselves by preference to the 
cultivation of the soil.' 

On the other hand, the poverty of the workmen, due in greet 
part to the excess of production over consumption, inevitabtjr 
draws after it a lowering of wages, a phenomenon which caa 
only be aggravated by the competition of the markets of Japan. 
China, and America. We ought then to help relieve the markri 
by encouraging consumption on the part of a greater number o( 
individuals, by lightening imposts, duties, and especially indi- 
rect taxes that can be replaced by others not detrimental to 
health and morals, such as taxes on alcohol and tobacco. 
' "Progreaa and Poverty," 1892. 



|44] MEASUHES AGAINST POVERTY AND WEALTH 277 

hich would affect only the rich and the vicious. England had 
o need of a socialistic creed in order to realize these reforms, 
'his government, the only sensible one that Europe has, knew 
ow to prevent the excesses of the lower classes, first in regard 
y the Irish question and then in the labor question (as in the 
ase of the miners and dock-laborers), by conceding complete 
berty of striking, by granting of its own accord the eight- 
our day in all government shops, and by giving an equal 
oice to employers and to workmen in the arbitration of labor 
ifficulties. 

The excess of population being in its turn a grave cause of 
overty and crime, we must direct emigration from the over- 
opulated countries toward those which are less thickly settled, 
ord Derby has said: "I have always been persuaded that if 
ur country has escaped the greatest evils that afflict society, 

is because we have always had, beyond the sea, outlets for 
ur population and our manufactures." England, in fact, 
aring the ocean and the means of utilizing it, has the whole 
orld for safety-valve. 

The state ought also to establish working colonies at a dis- 
ince from the great centers, especially in the heart of the less 
:lvanced districts where the need of clearing and cultivation 

most felt. To these colonies persons found guilty of laziness 
nd vagrancy should be sent for a definite time, and the cost 
f their lodging, food, and transportation should be set aside 
ut of their earnings.^ Laziness can l>e overcome only by 
bligatory work, just as the muscular inertia of a limb that has 
^mained for a long time in enforced idleness can be corrected 
aly by continued movement, violent and often even painful, 
fter the pastor of Badelschwing, as a measure to prevent beg- 
ing and vagrancy, had introduced in Westphalia a colony of 
■ee workers, who cultivated barren strips of territorj', 12 other 
rovinces followed this example, and by this measure there were 
5,000 more laborers at work in the country. Since then the 
amber of convictions for vagrancy and begging has diminished 

third. An institution of this kind brought down the convic- 
ons for vagrancy in the canton of Vaud by a half. In Holland 
> Hdlo, "Dee Colomca Agticole Pgnitentiarea," 1865. 




i 



278 CRIME: ITS CAUSES AND REMEDIES [§146 

1800 persons with their families cultivEiting the frontiers of 
Drenta cost 24 francs per annum for each person, while eliminat- 
ing mendicancy at the same time. The great distress in Baden 
in 1850, after the failure of the great building contractors, wns 
relieved from 1851 to 1858 by the emigration of more than 
12,000 artisans.' 

{145. Coopers tioa 
In Italy and in France the first help must always be furnished 
by the government and the ruling classes, because our people 
are not used to getting themselves out of difficulties by thor 
own efforts alone. We must however attempt to bring it 
about that the more needy classes shall aid one another by 
cooperation and mutual assistance. The immense benefit 
which the financial contributions of these classes bring to the 
state should be turned to their profit by the substitution of 
collective for private capital. 

S 146. Chuity. Benevolence 

There is to-day, however, a degree of distress which cannot 
be relieved by the slow methods of cotiperation. collectJ^'isia, 
and the insufficient and tardy measures of the state. An investi- 
gation carried on by my daughter Gina * upon the spot proved 
that of a hundred fanulies of workmen in Turin, all of whom 
were employed, 50% were always in debt and 25% were bene- 
ficiaries of parochial charity, without which they would have 
been in danger of dying of hunger. These works of charily, 
once the sole help in time of distress, although insufficient, aft 
still a necessary auxiliary, and will be so until advancing dv- 
ilization replaces them with preventive measures. 

We must endeavor, then, to have philanthropy cast off the 
old monkish habit and, inspired by the new spirit, march along 
the road of popular economic reform. In modernizing philftD- 
thropic methods the Anglo-Saxon and Germanic nations excd, 
amoi^ whom the Protestant religions have popularized chaiit; 




§ 146] MEASURES AGAINST POVERTY AND WEALTH 279 

by freeing it from ecclesiastical bonds and putting it directly 
in touch with the heart of the people — the best method of 
discovering and relieving secret distress. In England and 
Switzerland charity ingeniously makes use of the aid of the 
poor in helping the poor. Unemployed mothers, for example, 
are set to care for the children of those that are at work. Lodg- 
ing houses are established as temporary homes for domestic 
servants and employment bureaus are set up for those who 
need work. The whole machinery works so perfectly that 
only small charitable contributions are necessary to maintain 
the institutions, while at the same time the self-respect of the 
beneficiary is maintained. 

Geneva,' for example, which is one of the few cities of Europe 
where crime is decreasing, has 400 philanthropic Institutions, 
including the following: 35 for children, of which 7 are for 
taking them to the baths, 5 for protection at home, 1 recrea- 
tional, 2 schools of apprenticeship, I industrial, and 1 musical; 
16 for old people, of which 5 are asylums, I for pensions at 
home, 10 for insurance; 48 for women, of which 4 are asylums 
for young girls, 1 for fallen women, 4 for unemployed domes- 
tics, 8 hospitals (5 for domestics and 3 for young girls), 1 rec- 
reational, 1 against prostitution, 1 protective, 4 employment 
a^ncies, 7 for procuring work at home, 8 for the protection of 
teachers, children, etc. ; 46 for men, of which 1 1 are for indus- 
trial accidents, 8 of various nationalities to facilitate the em- 
ployment of emigrants, 3 for the unemployed, 4 for recreation 
and lecture halls, 4 for lectures, 1 against gambling, 1 to buy 
tools, 1 for placing apprentices, 9 temperance, 9 people's kitch- 
ens, etc., etc. The more special institutions are: societies for 
the improvement of lodgings, and for sanitaiy lodgings at a 
cheap price; special savings banks which receive money in 
small sums and repay it in merehandise bought at wholesale; 
family hotels for poor foreigners, workmen in search of employ- 
ment, etc. One of the most characteristic of their institutions 
is the Old Paper Society. This society distributes sacks to a 
great many families, who return them at a certain time filled 
with old papers. With the proceeds of the sale of these the 

 Lombard, "Annuure Philanthropique Genevoio," Geneva, 1893. 




1 



280 CRIME: ITS CAUSES AND REMEDIES [§ 1*8 

society maintains an office and an agency which receives old 
clothes and other articles from the rich, has them cleaned and 
repaired by tlie destitute, and then sells them at a moderate 
price, or gives them away to the needy. Other agencies pro- 
cure work for poor women and take charge of the business of 
selling the proceeds of their labor. 

It is a characteristic mark that these societies conduct them- 
selves without need of patrons. The asylums, lodgings, etc., 
are never gratuitous. Those who take advantage of them pay 
a little — as little as possible and at intervals — but on the 
whole societies and asylums alike are maintained by those who 
enjoy the benefits of them. It is a sort of evolution of charity 
that takes away everj'thing humiliating about it, and makes 
it a strong and efficacious assistant. 

S 147. London — Asylums, Refuges, Helps for the Poor 
Similar institutions, or even better ones, exist in London, the 
only capital in the world where crime is decreasing, London 
has about 120 institutions, which in 1894 assisted more than 
18,000 individuals, at an expense of £173,000. The aged 
have naturally the greatest number of retreats (20), and after 
them the widows. There are establishments of all sorts, tor 
those belonging to different trades, natiouEdities, and religions, 
for old married couples, for the support of the poor in their own 
homes, night-refuges, employment agencies for sailors; there are 
societies for the care of alcoholics, for the care of the children 
of prisoners, and for poor prisoners themselves. All these 
institutions are connected with one another and directed by 
central committees.* 

I 148. (i) Emigratiort SocietUt 
Several societies make it their business to put a check to 
the increase of crime by encouraging emigration, particularly 
to Canada. They furnish information and aid, and organiie 
expeditions of adults or of infants. In 1894 they directed the 
emigration of 7565 persons. 

> Low, "Handbook to the Charity of London," 1895-06. 



>3] MEASURES AG 

S 149. (1) Employment Soeictirn 

There are 21 societies whose sole object is the procuring of 
employment, while others find places for boys as bootblacks 
i cabin-boys. 



fide 



5 150. (3) Orpkanasa 



The concern feit for children is shown especially by the 60 
asylums, which eared for 20,199 orphans, at an expense of 
172,340 francs; homes are found for others with respectable 
parents, who are recompensed in this way for their sobriety; 
and, finally, children with sick fathers and mothers are con- 
sidered, with a breadth of view quite exceptional, as being 
orphans and are treated as such. 

S 151. (4) InHitutiottt for Negtecled Children 

Institutions more directly prophylactic are unquestionably 
those which have for their object the care, protection, and 
instruction of deserted children, as well as for giving temporary 
care to children whose parents while at work would otherwise 
have to leave them uncared for. There are about sixty such 
societies, which in 1894 saved 38.300 children from the dangers 
of the street, at an expense of 119,246 francs. 



lb 



S 153. (S) SehooU 



institutions are subdivided into free schools, night 
and vacation schools. Certain of them furnish food 
I clothing, and they are often designed for different classes 
the population. There are about 40 of them, and in 1894 
kve instruction to more than 16,000 children. 

t tSJ. (6) Cartfirr Priimert, ConwieU, ete. 

T applied to the diminution of crim- 

1 prisoners, for protecting women 

I, refuges for alcoholics, societies for 



1 282 CRIME: ITS CAUSES AND REMEDIES [§154 

H moral propaganda, etc.), numbered 84 in 1894, and assisted 
H more than 67,000 individuals. Among these 36 are designed 
^B especially for women released from prison, whether fallen or 
H criminal, or simply in danger of becoming so. Such are those 
^B societies whose object is to protect domestic servants against 
H the perils of their position. 

S 154- (7) Mutual Aid ScciOU, 

Finally, the mutual aid societies also specialize as to trades, 
nationalities, religions, etc. There are 68, which in 1894 aided 
33,340 individuals with a total of 218,796 francs. 

The following is a r^sumfe for the year 1894 of those chari- 
table institutions of London which may have some effect upoD 
criminality: 




Number of 


Amouat 
eipoided 


Ftuks 


Societies tor the care and asaUtancc of prisoners 


67.577 
7.5M 
4,840 

eO.I9S 

se.3i* 

10.019 
18,037 
33.3*0 
lM,9dl 


176,030 

x.txr 
2e,e9o 

172,Ml 
119,i4< 
lOSJfll 
172.flM 
81S.7M 
I.0M,5M 


Orphan asylums 

Institutions for poor and neglected children . . 






Total 


are those wliich have for their object the protection of children. 
The English National Society for the Prevention of Cradty to 
Children {imitated upon an even larger scale in New York), 
did not limit itself, as would have been the case in Prance or 
Italy, to securing the passage of a law. It wanted to introduce 
the idea and practice of justice toward children in all ranks rf 
society, and ita efforta have been crowned with success; M,43T 



A] MEASURES AGAINST POVERTY AND WEALTH 283 

dren, abused in every sort of way, have been rescued from 
; who were torturing them; 62,887 ^■ictiins of negligence, 
"Bnffering from hunger and cold, have received the necessities 
of life; while at least 603 children have been kept from mendi- 
cancy. This society, in 10 yeafs, has been able to rescue from 
vice, himger, and crime 109,304 children. While protecting 
these children it received more than 47,220 complaints against 
those who were maltreating them. Of these, 5313 remained 
unknown; in the case of 38.895 the society limited itself to a 
reprimand; B792 it prosecuted, always with increasing success, 
for from the first to the second period of its existence the per- 
centage of acquittals fell from 10.2% to 5.6%. According to 
the investigations of the soeiety. the parents most crue! to their 
children are always those with some means. This is to be 
explained by the effect of the abuse of alcohol, and by a new 
form of criminality, for the practice of which the parents must 
have money on band. This criminal device is the insuring of 
the life of the child whose death is awaited, hoped for. and 
even hastened by the beneficiaries. According to the horrible 
confession of one of the persons accused, certain children are 
worth more dead than alive. In five years the society has 
taken up the cases af about 19,000 maltreated children, repre- 
senting for their parents a value of £95,000. 

But, in order to reach such a result, and to penetrate so deeply 
into the most secret recesses of the criminal world, recesses 
almost always hidden even from the eye of the regular pohce, 
it was necessary for the society to avail itself of every assistance, 
even that of the administrators of the poor funds and Parliament 
itself. The society obtained the aid of the magistrates and 
judges, who, after having seen its work, recognized its compe- 
tence, and have ended by giving its inspectors an almost ofiicial 
ilignity. Better even than this, the society has obtained the 
cooperation of the masses. In the 10 years of its existence it 
has received proof of the sympathy and approval of 100,000 
citizens who have facilitated Ihi- wurk of juNLice by I 
tealimony. All these effort'^ t:   - ' - 

laHy hn|>i>y k.-iuILi, and mn I i 

Of 7398 prisons ueui"- ' ' ' 



284 CHIME: ITS CAUSES AND REMEDIES [&155 

are living to-day with their children, and only 100 have had to 
appear in court a second time. 

To what ia one to attribute so marvelous a change in the pa^ 
ent? In great part to the punishment, the efficacy being in 
proportion to its duration; for the degree of improvement in the 
conduct of the parents toward their children corresponds in 
general with the number of months that they have had to spend 
in prison. We may add that during the imprisonment of the 
parent the society does not abandon the children, but, instesd 
of the pale, miserable creatures that they were, has them flour- 
ishing and robust to turn over to their parents. When these 
see their children looking so well they are proud of them, and 
a certain natural parental love is awakened, which helps in the 
process of reformation. Strange contradiction of human ego- 
ism! The father formerly held his victim responsible for dis- 
eases of which he himself was the cause, and now takes pride in 
a show of health to which he himself has contributed nothing. 

S I5S- Charity in Latin Countries 

In comparison with what is done in the places just described, 
how limited appears the charity of Latin countries! Turin, > 
city three times the size of Geneva, has but 159 workingmen'l 
societies, for mutual aid, etc., and 147 charitable institution^ 
of which 21 are hospitals; 43 institutions are designed for chil- 
dren, of which two are for delinquents, S3 are asylums lor in- 
fants, 6 orphanages, 3 recreational, and 6 industrial scho(^ 
There are also 22 institutions for women, of which 11 are foi 
those in danger, 2 are hospitals, and 9 professional schools 
Among the most modem of the institutions are: a society for 
workmen meeting with misfortune while at work, a people'i 
bureau, pensions for men without families (in return for pay- 
ment), and a mountain and a seaside resort maintained for 
outings for poor children. Finally, there is the Cottolengo Insti- 
tute, which receives all the sick, weak, and infirm who present 
themselves, up to 2000 or 3000. In southern Italy, BartokJ 
Longa, for the honor of the Virgin and the sanctuary at Pompes. 
took 136 orphans, and 70 children of convicts, whom he in- 
structed in agriculture and in various trades. Here the cult d 



H 156] MEASURES AGAINST POVERTY AND WEALTH 285 

the ^'i^giIl came into partnersliip with modem journalism,^ by 
means of which the philanthropist succeeded in placing the 
orphans in benevolent and respectable famihes. 

What is lacking here is: institutions to receive small savings; 
societies to improve the lodgings of the poor; employment 
bureaus and servants' lodging-houses, which need cost the 
philanthropist nothing, as they are self-supporting; and insti- 
tutions preventive of theft. Aside from the orphan asylums, 
none of the institutions receive children below 10 or 12 years, 
and we have, moreover, neither boarding schools nor "ragged 
schools." Furthermore, these institutions show such excessive 
modesty, such a shrinking from all publicity, that I have gath- 
ered the data with great difficulty, and of a great many of them 
it is impossible to know anything. 



S 156. Don Bosco 

Among the charitable institutions of Turin, that of Don 
Bosco holds the first place; for, with us charity is only truly 
marvelous when it appears in the person of some saint, great 
both in heart and intelligence, like the very justly celebrated 
Don Bosco.* 

Don Bosco was 26 years old in 1841, when, while visiting the 
prisons of Turin, he became interested in the lot of the young 
delinquents, thinking that if care had been taken of them in 
time many of them might have been saved. From then on he 
remved into his community the young workmen who were 
most exposed to temptation, getting work for them when they 
did not have it and visiting them at their labors. In 1850 he 
founded the Mutual Aid Society, the object of which was to 
furnish aid to the members who fell sick, or were destitute be- 
cause of the lack of work. Each one pays five centesimi every 
Sunday, and cannot take advantage of the benefits of the so- 
ciety until he has been a member for six months, except where 

» "Valle di Pomiiei," Anno VI, 1896. 

* G. Bonelti.l" Cinque Lustri til SU»ria dell' Oratorio Salesiano," Turin, 
1S92; Dr. D'Espinay, "Don Bosco," 1890; D. Giordani, "La Gioventfi 
di Don Boecq," 1886; Id., " La Carit& nell ' Educaaone," 1890; F. Cemiti, 
"Le Idfe di Don Boaco,"^ 1886. 



286 CRIME: ITS CAUSES AND REMEDIES [§157 

he has paid down his sis months' fees upon eatraoce, not bong 
sick nor out of work at the time. Each sick member leceivtt 
eighty centesimi a day. In Don Bosco's institutions youi^ 
people of all classes of society are received, including deserted 
children. Don Bosco himself maintains that one-6ftcenth of 
the youths are natural perverts. 

The Salesians (or brethren of St. Francis of Sales) believe 
that the system of their institution exercises a beneficent influ- 
ence even upon perverts, though they are not able to furaiali 
any direct proof. Moreover, they refuse to receive incorrig- 
ibles, those who have reached the age of 14 or 15, convicts, 
and epileptics. There are about 200 Salesian institutions tot 
young people in the two hemispheres. Each contains 150 in- 
mates, or a total of about 30,000, to which must be added u 
average of 100 day scholars, etc., or 20,000 more. The inmata 
are admitted into the schools at 9 years of age and into the woHi- 
ahops at 12. After their admission these young people are kefH 
under observation in separate rooms during the time set apart 
for food and rest, but not during working hours. They are not 
compelled to take part in religious exercises, though advised to 
do so; and no special favor is shown to those who are especiBilf 
zealous in this regard. Each workshop has a clerical and a lif 
dii-ector. The tools and the designs are the work of the Salesiui 
themselves. There are, besides, 50 institutions for young girls, 
with an average of 100 inmates and 280 day pupils. These an 
exclusively for instruction and for household work. But evo 
the Salesian institutions follow the fatal tendency of the Latni 
nations, by admitting an excessive number of young people to 
classical studies (more than 500 in the institution at TunD 
alone), as if the country had not greater need of energetic 
workmen than of decipherers of musty tomes. 



{ 157. Dr. B«mardo 

Let us now look at the miracles of a Protestant saint.' Ow 
cold evening in the winter of 1866, Dr. Bamardo, who w»s 

' 1S96; "11- 



§ 157) MEASURES AGAINST POVERTY AND WEALTH 287 

then studying medicine, and directing a "ragged school" on 
his free evenings, when just on the point of leaving the school, 
saw that one child remained in the room, standing next to the 
stove, without any apparent intention of leaving. Bamardo, by 
<lint of many questions, succeeded in learning that the hoy had 
neither father, mother, friends, nor lodging, that he slept here 
and there wherever he could, in the places least frequented by 
the police, and that many other children did the same. Moved 
by such excessive misery, Bamardo wanted to be sure of the 
truth and begged the child to guide him to the retreat of his 
companions in misfortune. 

At one o'clock in the morning he went out with his guide, 
and after having passed through one of the worst quarters of 
London, they penetrated into a narrow court, traversed a long 
shed, and found themselves before a very high wall. Up this 
wail the boy climbed, followed by the doctor. Here a strange 
spectacle presented itself to their eyes: upon a very steep roof, 
with their heads toward the ridgepole and their feet in the 
, gutter, lay 10 or 18 boys of from 12 to 18 years. It was 
„ there, in the midst of these pale figures of distress, that Bar- 
, nardo made his vow to devote himself body and soul to that 
J rescue work which became from that night the sole object of 
, las life. A poor student and unknown, he yet succeeded in 
. getting from charitable persons the sum necessary to rent a 
small house, capable of holding 20 children. When his refuge 
was ready he spent two nights in gathering in his boys from 
llie streets. "I could not possibly," he says, "imagine or de- 
pict a more touching scene than that first night in the little old 
house, when, before going to sleep, my first family of 25 children 
knell with me to thank our common Father for His goodness 
and to pray that He, who feeds even the sparrows, would not 
f;iil them in their need." 

This house, opened with 25 children, prospered, and was 
I "idily duplicated. In less than SO years the number of houses 
I : I' Teased to 87, which have received more than 50,000 children, 
from a few weeks old up to 18 or 20 years. In addition there 
have been founded a great variety of complementary institu- 
tiom: free dispensaries, schools for the poor, Sunday schoolsi 



CRIME: ITS CAUSES AND REMEDIES 



Biss 



free kitchens, night-lodgiog houses, children's colonies in tie 
country, employment agencies, temperance societies, soup- 
kitchens, agencies for immigrants and emigrants. It is strange 
to see from what a peculiar mixture of idealism, practical under- 
standing, quick comprehension, and blind trust in God this 
colossal work has arisen. In each of the numerous cases whidi 
Bamardo repoits, he notes as a moral conclusion what tie 
saving of that individual cost. "With £10 sterling and the 
help of God," the doctor concludes, mathematically and ingenu- 
ously, "a life has been saved." In his paper, "Night and Day," 
published in the interest of his houses, we find notices like this; 
"We need a good farm under cultivation, about 50 miles from 
London, etc."; and to this notice, given with such simple con- 
fidence, is added a list of the needs of his great family of 8000 
children: stockings, night-gowns, bed-clothes, sen-iug- machines, 
a harmonium, old linen for new-bom children, and finally a 
magic lantern. 

The same bold grasp with which Barnardo began his woA 
of child-saving he applied to the art of finding the means ci 
subsistence for his institutions. For this army, which grew ti> 
a total of 100,000, he took the public alone for collaborator, 
but he organized the work so that he had something for even' 
one to do. Those who have money give it, and those who have 
none give their work, if not every day, then one day in the week. 
We may say of Bamardo that he knew how to transform sym- 
pathy into money, and then to recast it as charity. 

In this matter how far the Anglo-Saxons have gone beyond 
the Latins! 

S 158. The IneSectiveaess of Cluri^ 

However useful it may be, cliarity is, after all, but an inef- 
fective palliative against an immense amount of need and 
distress. L'na/oidably subject to human passions, charity d^ 
pends not only upon economic conditions, but also upon t!w 
sentimental condition of men. The effect of an intennittoit 
pity or of the caprice of the moment, it never completely at- 
tains its end, and, considering the vastness of the abyss, is not 



15S1 MEASURES AGAINST POVERTY AND WEALTH 289 

apable of filling it up by the strenuous efforts of individuals 
tdapted to the need. Even if the rich wish to restore in this 
ray a part or even the whole of what has been acquired, for 
he most part, by means quite other than honest, it is not pos- 
ible. It is a^ if, after shearing a lamb, one should try to fasten 
he wool once more upon its back. The intention might be 
■ood, but the wool would not grow again. 

Three-fourtJis of the cases of distress, in fact, escape this 
■emedy, and those who are helped by it are helped insufficiently 
md badly, entirely apart from the fact that a third of the 
noney spent for charity goes for administration, and so comes 
tgain into the coffers of the well-to-do. Many institutions, 
charitable in name, merely serve to keep the poor in subjec- 
tion to the church. Thus I have seen aid refused to a family 
amply because one of its members read a newspaper which 
Eras not even irreligious, and many times in order to get bread 
the unfortunate are obliged to be present at religious services 
ia often as three times in a day, losing thereby more time 
than would have been needed to gain by working the means of 
satisfying their hunger. 

Then, however disguised it may be, public charity does not 
usually give its help to the person who, though most needy, 
is also most sensitive and feels most keenly the shame of re- 
ceiving alms. It debases man instead of relieving him, since 
it ^rtingiiishes in his heart all sense of personal dignity, and 
takes away everj' spontaneous impulse to struggle and win 
his own place in life. 

For eighteen hundred years the saying of the gospel, "Quod 
auperest, date pauperibus," has been preached, and yet social 
evil and misery have become greater and greater. If this maxim 
was little heeded when the religious sentiment was still very 
quick and general, why should it be heeded to-day, in condi- 
tions so little favorable, in a society like ours, where each one 
is obliged to look out for lus own interests? Earlier, when small 
land-holdings were the rule, when communication was little 
[leveloped, the landed proprietor or the master- work man could 
ilways, or nearly always, give work to the few people who asked 
Tor it. But if nowadays you were to ask the manager of a large 



;e 

1 



290 CRIME: ITS CAUSES AND EEMEDIES [§158 

factory to give work to all the unemployed who knock at hi» 
door, he would tell you — and rightly — that if he followed 
yoiir advice he would fail at the end of a week. Now, suppos- 
ing the sentiment of charity were to prevail, what could alnu 
to individuals do against the tide of unemployment and dis- 
tress which, in modem society, affects a great and continually 
increasing multitude of persons? Thus, the best of our insti- 
tutions, mountain resorts, hospitals, etc., for the cure of poor 
children, only lower the morbidity and mortality from 50% to 
47%. Now, by preventing night work for the young, by p\Tng 
lunches to school-children, you will see this morbidity and 
mortality dinunish in much greater proportion than with all 
those other institutions. 

Charity and want are related to each other as two parallel 
lines, which can never come together, while, by having recourse 
to the human interests, with egoism for ally, it is possible to 
fill up the gap between them. Thus, the adoption of the eight- 
hour working day, while economizing the powers of the work- 
man, would permit the emploj-ment of a greater number, and 
at the same time allow better work. The workman, now ab- 
sorbed by the hard labor of the shop, which is killing him, 
would be able to busy himself with his family, experience the 
sweetness of family life instead of the mere burden of it. and 
be able to acquire a greater degree of culture, which would be a 
new weapon against crime. It is by work equitably distributed 
among all the unemployed, more than by charity, that the con- 
dition of the poor may be improved economically and morallj'. 
The collective control of the necessities of life, which is no« 
limited to schools, lighting, baths, and sometimes to hospitals 
and tramways, if extended in the same way to food, housing 
and clothing, would be a complete substitute for the charity of 
former times, and the true preventive of all occasional crimes. 
Further, by preventing the excesses and dangers of poverty 
and of riches, it would be useful to all classes; for the insect and 
the microbe which convey the diseases of the poor to the man- 
sions of the rich are truly the Eumenides punisbing the rich for 
forgetting the poor, just as the famine, that originates in the 
speculation of the rich, multiplies diseases among the poor, and 



§ 158] MEASUBES AGAINST POVERTY AND WEALTH 291 

these in turn come back upon those who caused them. One 
may say the same of many of the occasional crimes caused by 
the neglect of the poor on the part of the rich. Theft» anarchy, 
murder» and revolt are simply evil consequences coming back 
upon the heads of those who set the cause in motion. 



IT is time to free ourselves from the atavistic tendency, 
which has survived unnoticed even in the most scientific 
observer, to regard religion as a universal panacea for cnme. 
Let us recall how slowly we have been treed from the religious 
shell, from which have come the first attempts not only at 
morals, but also at art and science, so that once no one could 
be pmnter, sculptor, poet, architect, or physician, nnthout first 
being priest (Spencer). But at length art and science, those 
noble plants that grew up modestly in the shadow of the temple, 
are completely freed from its influence, and there remans to 
the priest, who once dominKted every department of knowledge 
a monopoly not even of morab and charity; for many profes 
a charity and an ethics apart from religion, and on all sides thoe 
are rising ethical societies, free from all rites. 

We cannot, then, find in religion, at least as it is understood 
in Latin countries, a remedy against crime. 

"The true morality," we may say with Sergi,' " is instinctive; 
the moral sense is like the feeling of pity; if it does not already 
exist, neither religious nor educative influence, nor any precept, 
will be able to create it. 

"Religion is a system of instruction by precepts, which have, 
like all other moral rules, an exterior sanction remote from 
reality and the daily life; and not only b it not able to fortify 
the character, but, on the contrary, it can only enfeeble it, by 
minimizing the personality by asceticism even to the p(nnt at 
annihilation. 

"It is from religion that springs the monstrous phenomenoa 
of men externally religious and respected for ecclesiastical »iA 
divine authority, and yet at the same time inunora] in tbdr 
social relations." 

\ "Tribuna Giudiziaria," 1896. 



96. I 



§ 159] REUGION 293 

But bow is it, some one will ask, that religion shows itself at 
times as a useful moral force against crime? We reply, that re- 
ligion can have a beneficent influence only when, being in a 
nascent state, it can transform itself into a violent passion. 
"Delia" furnishes us with a magnificent example of such a 
transformation . * 

Delia lost her mother at an early age, and was carefully 
brought up in a convent. Seduced in the first place by a young 
lawyer, and then ravished by a priest while under the influence 
of a narcotic, she abandoned herself to a life of prostitution 
and drunkenness. She was three times sent to correctional 
institutions, and finally released because she refused all food 
while imprisoned. She joined a band of thieves, of which she 
soon became the head because of her energy and muscular 
agility. She fought with the police and with her own compan- 
ions, so that she was arrested seven times. She aided thieves 
in their exploits; but she would not permit the weak to be struck 
in her presence, and would defend them at the risk of her own 
life. She was devoted to the sick, took care of them, and de- 
fended them against those who wanted to rob them. The police 
called her the " Wonder," but her companions called her the 
"Bluebird," doubtless from the color she preferred, A mission- 
ary, Mrs. Whittemore, on the 25th of May, 1891, went into the 
dives of Mulberry Bend, where she gathered these thieves to- 
gether and tried to hold a religious service; but being excited 
by the arrest of two men of their band, they would not even let 
her ^ng. They would certainly have revenged themselves upon 
the missionaries if these had not been protected by Delia, who 
afterward accompanied them into the opium dens of Mott 
Street, where the worst criminals in New York assemble. Upon 
leaving her Mrs. Whittemore gave her a rose, which she made 
a half-mystical omen, begging her to be converted and to come 
to her with the flower. But the Bluebird answered, that as for 
money, she found it quite natural to take it from any one who 
had it; as for the rest, she added, "I have committed already 
all the sins that it is possible for me to commit, and I should 
• Whitlfitnore, "Delia." 




1 



294 CRIME: ITS CAUSES AMD REMEDIES [§ 159 

not be able to live in any other way " (she was then twenty-three 
years old). She promised, however, to come to one of the mu- 
sion halls, and kept her word. In the evening she went to retuts 
her enchanted rose, and confessed that she had passed a vei; 
troubled day, trying to drown her doubts in drink; but the 
more she drank the more she became the mistress of hersdf. 
In the evening, perceiving that tlie flower was withering, she 
became thoughtful, and recalled the days when she too wm 
pure, like the rose. She saw the years falling away one by one 
like the petals of the flower; and immediately her resolution 
was taken, and she told her companions that she was quitting 
them. The same evening, with tears in her eyes, she presented 
herself at the mission, where Mrs. Whittemore embraced ha 
tenderly, and asked her to pray with her. 

From that day she gave up drink, opium, and tobacco, and 
asked to be allowed to go to sec one of her old boon companions 
in prison, in order to convert him. She was sent to the hospital 
very ill with consumption and syphilis. When, on coming out, 
she was invited to drink, she resisted the incUoation. When 
she was cured she set herself to work to convert her old com- 
panions of Mulberry Bend. She also addressed 1500 convicts 
at Auburn. "What have we gained," she said, "by serv-ing 
the devil? Prison, misery, contempt, and disease. When I 
was at my worst and delighted in making others afrud of me, 
I was myself often afraid, and would not go to bed without a 
bright light burning beside me. In the morning I used to ask 
myself whether I would not lie in prison that night, I remember 
that when a lady once said to me, 'Have you found Jesus?' I 
replied, 'No, is he lost!' for I hated the Protestants. My r^ 
gion was purely one of form. If you ask me how much time 
it took me to give up my life of sin forever, I will answer you: 
about three minutes, the time it took to ask God to do ii" 
In 11 months she converted more than 100. She died of con- 
sumption within the year, but the stir that she made was ao 
great that after her death 80 of her companions became, or 
appeared to become, honest. 

I do not guarantee the conversion of these last, but that of 



§ 159] EEUGION 295 

Delia is certain. This is proved by the change in her face as 
shown by her photographs. But it must be remembered that 
she was led to a life of prostitution and crime, not by preco- 
cious criminality but by a rape committed while she was drugged. 
Further, even in her criminal career, she was always the pro- 
tectress of the weak. It is plain, then, that she was rather a 
criminaloid than a bom criminal. However that may be, the 
promptitude of her conversion (it was, she said, an affair of 
three minutes) under the influence of a suggestive impression, 
and, further, the ardor that she brought to it, both go to prove 
that in this case the reGgious passion, in the nascent state, 
stifles all the other passions. 

Similar cases may be adduced, like that related to me by 
the Baptists, of a drunken thief who was converted at a stroke 
by the sermons and example of the missionaries, and perse- 
vered in the right way. But these are absolutely individual, 
and cannot be cited in favor of religion. They furnish no proof 
that religion as organized with us, among whom these fruitful 
fanaticisms do not flourish, has any efficacy in the cure of crimi- 
nality. It is to be noted, moreover, that these miracles occur 
especially among the Anglo-Saxons and Swiss. We are forced 
to conclude that what is commonly attributed to the influence 
of religion is really due to race and to advanced civilization, 
which carries these people towards great ideals and noble 
fanaticisms, while with the development of culture the religious 
sentiment each day grows weaker. It is tlius that we find 
proofs of a noble zeal in the societies for ethical culture,' and 
among the Good Templars, which are ethical and anti-alcoholic 
rather than religious. 

"In the Calvinistic countries," writes Ferrero, "reli^on 
enrolls thousands of fanatics, who, under the most diverse names 
and theories, are feverishly active, not in honor of a rite but in 
order to save the souls of men. In Italy, as in France, no one 
ever succeeds in bringing about a great flood of moral protest 
against the most serious social evils; and enthusiastic and 
active spirits must seek elsewhere for a field in which to employ 
their energy." ' 



1 



296 CRIME: rrS CAUSES AND REMEDIES [glS* 

Take the Salvation Army, for example.^ TMs institutioo 
was founded by Booth, under the most eccentric exterior fonns, 
with a military hierarchy and bizarre uniforms, but with the 
holiest and soberest intentions. It is a sort of a sect that has 
for its aim the prevention and combatting of vice and crime, 
even with the strangest weapons. It contends ag^nst alco- 
hoUsra with meetings, cheap temperance hotels, "elevators," 
and people's kitchens (which last in 1895 distributed 3,396,078 
meals). It fights vagrancy with dormitories, which give lodg- 
ings every night to more than 4100 persons, where many pa- 
sons are converted by evangelistic meetings. The SalvatioD 
Army puts within reach of the unfortunate everything that may 
be able to draw them from evil ways; it enrolls them in em- 
ployment agencies, which in the year 1895 alone found work 
for 19,372 persons; or receives them into its "elevators," speciJ 
establishments, where they are employed at paid work tx 
taught a trade if they have none, until situations can be found 
for them. Or they may be placed in the farm -\'ili ages of the 
Army, with which they may remain in relation for four years. 
For convicts the Salvation Army has addresses in the prisons. 
It enrolls the more promising subjects as soldiers in the ranks, 
and admits another part of them into a special establishment, 
where it attempts to repair the defects of their moral and prac- 
tical education, especially by teaching them a trade. From 
here they pass to the "elevators" and then into the employ of 
private individuab, or to the farm- villages, etc. The Army 
owns, besides, 84 bureaus for the unfortunate, the office of 
which is the direct and personal effort to conquer vice. In • 
year they visited about 58,733 poor families in private houses, 
15,702 persons in public-houses, and 7500 in lodging houses, 
giving assistance to at least 3887 sick persons. The army ai» 
maintains special Institutions for children, who are sent as 
speedily as possible to the country. For women the anny 
maintains 9 special dormitories, and 13 Rescue Homes, whicb 
almost hterally snatch women from public-houses and other 
doubtful resorts. They give employment to 1556 women, and 



1 



' Wliite, Park and Ferrari, "Truth about the Salvation Anny," L<»- 
don, 1892; Booth, "light in Darkest England," London, 1892. 



§ 159] REUGION 297 

after a certain time find places for them in private bouses, or 
send them to their farms. It b remarkable to see how quiet a 
reception these new soldiers of charity meet with. Their housea, 
"elevators," and farms are open, and any one who wishes can 
go in or come out; and one who has left and comes back again 
is always received as a prodigal son, and enjoys complete liberty. 

The principle of the work of the Wesleyans is not radically 
different. When Marcus, one of their leaders, had revealed 
the horrors of the condition of the poor of London, they threw 
themselves headlong into the work of converting the vicioua 
and alcoholic' Hughes, one of their great apostles, said in a 
sermon, "We must not be so wrapped up in saving the soul 
that we forget to save the body," and with the accents of the 
profoundest conviction he carried hundreds of persons with 
him, who professed themselves converted and confided them- 
selves to his pastoral guidance. They choose the hours when 
men are most in danger, the social hours as they call them, 
between 9 and 11, invite them to evening gatherings, treat 
them well, and get them to sign the pledge. They visit the 
most infected places, where their sisters discover and save the 
women who are in danger. One of them one day saw a young 
girl being led into a public house by a libertine. Accosting her 
she said, "Remember that you are a woman," and kissed her 
on the forehead. The girl, much moved, replied, "I will never 
go into a pubUc-house again; but take us in every evening, if 
you do not want us to fall into evil again." 

In the "Protestant Association for the Practical Study of 
the Social Question," we find partisans of the idea of the par- 
ticipation of labor in the benefits of capital. Lord Shaftesbury, 
who transformed the condition of the miners in England, 
advocated also insurance against industrial accidents.* 

The order of Good Templars, founded in New York in 1862, 
and that of the Blue Cross, founded in Geneva in 1877, number 
respectively 500,000 and 10,000 members, who are required to 
abstain for a certain time from all alcoholic drinks, and succeed 

' "Revue du Christia 




298 CRIMEl its CAUSES AND REMEDIES [§ 159 

in doing it. All this e^Iaina why it is that in Protestaot 
countries, especially in Switzerland and England, alcoholism 
is decreasing, while it is increasing in Cathohc countries. 

Can we say that our Salesians and Sisters have accomplished 
more? Far from" it! To attain similar results, or even to 
strive after them, there is necessary a degree of ideality not to 
be found in the old races, who shut themselves up within their 
ritual observances and reach their highest development in a 
dictator, whether he be pope, general of an order, or saint 
This is a fact which I have directly demonstrated by putting 
side by side the work of Don Bosco and that of Doctor Bar- 
nardo. In Italy we see crime effectively combatted by rare 
individualities, but they are either dissenters, like Lazarretti, or 
Bt least have had for some time their center of action outside 
the orbit of the official church, hke Don Bosco and St. Franos 
of Assisi. In either case they constitute, for the moment at 
least, a new religion, palpitating with life, and in a little time 
would form a schism, if the prudent statesmanship of Rome 
did not take precautions to draw them once more within tlie 
circle of her influence. 

Hence it comes that saints like Don Bosco and Bartolo Longo 
do not arise without having obstacles everj-where placed in 
their way by those very ecclesiastical authorities who ought to 
build altars to them. It is for the same reason that when they 
wish to raise themselves up to the level of the advanced ideas 
of our own time they only half succeed; and instead of starting 
the children under their care in the more useful trades, on a 
large scale, by organizing emigration parties, or cleating the 
land, as Dr. Barnardo did, they succeed only in creating great 
monasteries, and in turning out priests and classical scholars for 
whom society has no place. They are saints, in short, of a 
time remote from our own, whose work, however vast it may 
be, b still necessarily short of the needs of the present, and 
rarely reaches the roots of crime. However admirable th^ 
may be for genius or sanctity, they must conform to the will of 
the higher authority and show that they have more at heart 
the triumph of the rites of Rome than that of virtue. If nol. 
they are suppressed. Thus it is that Don Bosco had for his 



■^159] RELIGHH*' 

final aim the creation of Salesian priests; just as the object 
sought by Bartolo Longo was the worship of Our Lady of 
Pompeii. Now, even if, by giving to deserted children a trade 
and an education which was certainly moral, they prevented 
the occurrence of some accidental crimes, they could never in 
this way save the true crinunaloid and criminal born. 

We may conclude, then, by saying that ritual and liturgical 
fonnuUe are much more in evidence in institutions of this 
kind, than the rules necessary for a practical life. 

On the other hand, in the Latin charities, the support of the 
public is almost never associated with that of the founder. It 
never manifests itself personally, and is consequently less 
interested and less efficacious; since the power of these great 
apostles lies completely in tlieir own personality, they have all 
the merit and all the responsibility, and when they leave the 
scene they leave an empty place that cannot be filled. In the 
French orphan asylums, Joly tells us, for a long time only the 
religious interests of the children was thought of.' They were 
put into a brotherhood without being given any trade. Roussel 
also remarks that the church charities in France are all for 
young girls, so that neglected boys have no other refuge than 
the prisons and houses of correction; moreover, the Catholic 
orphanages almost never receive illegitimate children, and, 
unlike the Protestants, who try to throw as much light of 
publicity on their own organizations as possible, the Catholic 
institutions do all they can to escape it, and are never willing 
to report except to the bishop and to Rome. The pupils of 
the orphanages grow up without any knowledge of tlie world, 
and are consequently incapable of making a future for them- 
selves.' 

In conclusion we may say that Anglo-Saxon charity differ- 
entiates itself from the Latin still more fundamentally through 
taking particular care to preserve the self-respect of its bene- 
ficiaries, by making use of their services, by making itself, in 
fact, coGperative and mutual; and it concerns itself especially 
with the very young, to whom Latin charity pays little atten- 



300 CRIME: ITS CAUSES AND REMEDIES [g 159 

tion, feeding them at most. Among the Anglo-Saxbns we see 
religious groups like the Salvation Army and the Baptists pn^ 
posing, as their great aim in life, redemption from crime, tbe 
prevention of alcoholism, and the care of infancy. And if tbe 
inSuence of individual men, like Booth and Bamardo, through 
their inspiration and genius, counts for much in the search (or 
better methods, they are not indispensable, for there is alwap 
a legion of fellow- workers, who by their numbers and enthua- 
asm ensure the support of the public. 

Here then, it is not religion in general, that deserves tbe 
credit, but certain religions only, or, better still, the ideal ten- 
dency of certain progressive races. However, we must say of 
the operation of religion, aa we have said of that of charity, thai 
it is always individual. limited, and less effective than the 
influence, which alone is imiversaliy felt by the 



CHAPTER VI 



I TSB DANGEBS OP rNSTHDCTlON — EDUCATION - 
SCHOOLS, ETC. 



) say that the influence of mere instruction upon crime is 
beneficent is an exaggeration in which no one any longer 
leves. To instruct the criminal is to perfect him in evji, 
1 to give him new weapons against society. It is necessary 
(Ove all to suppress the schools in the prisons, which serve 
only to multiply recidivists, as I have shown in the first and 
second volumes of my "Homme Criniinel," Let us seek, oa 
the contrary, to extend education to the greatest possible 
number of honest persons; let us strengthen the body, occupy- 
ing it pleasantly with gymnastics, marohes, and dances in the 
open air; ' let us prevent idleness and precocious lasciviousness, 
more by these means than by simple precepts. It would also 
be necessary to choose married teachers by preference, and to 
suppress the schools in monasteries and convents. When in 
the elementary schools a child is found who has the known 
marks of the bom criminal, he mast first of all be separated 
from the others and given a special training with the object of 
strengthening the inhibitory centers, always underdeveloped 
with this class, and of subduing or diverting the criminal tend- 
encies by supplying them with a new outlet, while preventing 
the pupil from acquiring dangerous arts. Let us recall here 
the confession of bom criminals themselves, that education 
was for them a powerful auxiliary to evil. It is the more to be 
feared nowadays when political conditions permit bom crimi-  
nats, who have received an education, to have easier access to 
political power than honest men have, because of the corrup- 



 Physical tinning is a school of contiDenoe and chastity. A oociptj 
tor the cultivation m morals would attain its end better by ^ving ttie 
"- - 'ate for Eymnastica, etc., than by semunu. 



302 CRIME: ITS CAUSES AND REMEDIES [§ 160 

tion, violence, intrigue, and fraud which dominate in the politi- 
cal worid. How many misfortunes, how much blood, would 
not Italy and France have been spared if Napoleon, Boulanger, 
and Crispi had been illiterate! 

In order that the school may be useful, not negatively as 
now, but positively, we must change the basis of our educa- 
tion, which, at present, by its admiration of beauty and force, 
leads to idleness and violence. We must place in the first rank 
special schools for agriculture; and in the other schools we 
must give first place to manual work, in this way substituting 
something practical and exact for the nebulous mirages of the 
antique. This coiirse, coupled with veiy heav^y taxes upon 
universities, would relieve us of this deluge of the "declasse," ' 
which we increase daily by new university facilities. 

"Up to the present," writes Sergi, "the school has dehated 
upon the best way to teach the alphabet, bow it b possible to 
team to write soonest, and what is the best method of develop- 
ing the intelligence; but it does not teach us any method of 
directing our feelings and impulses. Education, like hygiene, 
is designed to preserve sound health. Now any director or 
teacher of hygiene must necessarily know how to discriminate 
between normal and disturbed functions, must be able to recog- 
nize what causes disturbance and to prevent it. The same is 
true of the educator. He must know the nature of the human 
soul; how it works and acts individuaUy and in society; what 
organic causes may alter its manifestations; and what external 
and social causes may tUsturb its normal functions. Our edu- 
cators are not educated in this sense. They enter the schools to 
bring up the children, without any definite conception of thft 
difficult end they are supposed to attain. Each little human 
being who goes to school is a problem with several unknown 
quantities, but he is treated as a problem already solved! 

" In place of increasing the number of classical schools, reduce 
them to the minimum, and transform all the others into schools 
of business, arts, and trades, professional and practical schoc^ 
corresponding to the demands of modem life. Introduce into 
these schools the cultivation of the intelligence and character 
needed for daily life; by these means you will inculcate the 
habit of working, which is in itself a very efficacious educatioo. 

' Any one who doubts the truth of thia osserlion has only to naU 

 •■■ •■ s-M "  



. m of the revolution iata of 1789, and to read Vallea'e Le Bwie- 
iier et I'lnaurge," in order to become convinced that thia inatriiction, out 
of hannoDy with the times, results only in making rebels and "declsss^" 



§ 161] THE DANGERS OF INSTRUCTION, ETC. 303 

When we have numerous schools of arts and trades, manual 
labor will be ennobled, whereas now any one who wants to leam 
a trade must serve under a master-workman, and learns it by 
practice more or less badly. The principal object of every 
school should be the education of the character, upon which 
all conduct depends. It should strengthen it where it is weak, 
create it where it does not yet exist, and direct it where it lacks 
direction," 

§ i6i. Ftmil; Education 

In this regard the family can accomplish far more than the 
teacher. No one has ever set himself to investigate what 
relation there is between success in school, and success or non- 
success in life; no one has investigated the relations between 
the physical and ethnic energies, typical of a young man, 
and the unforeseen contingencies and accidents of the life of 
the future citizen.' It is to this especially that the family 
should apply itself. Yet with us the family relies upon the 
school for the care of education, while the schoolmaster, for 
his part, who in any case could do little because of the great 
number o( pupils demanding his attention, counts upon what 
the family is supposed to accomplish. Thus both remain 
inactive just where crime could be most effectively prevented. 
The family-public does not realize that into the integration of 
the state and the destination of the child, vocation and apti- 
tudes enter as exponents and the lack of intellectual preparation 
as a coefficient; and that to obtain the integration there is 
needed the union and the continuity of all forces, including 
those for whose developments the parents must earnestly 
strive. 

Yet very little is necessary to bring about this reform in 
education. 

"The children of a loving mother," writes Garofalo.* "affec- 
tionate or severe as the case demands, become accustomed to 
watch for the approbation or blame in her look. What penalty 
can be greater than the grieved reproof which the mother gives 

' Francis Gallon, "On Intfimational Anthropometry," "Bulletin of 
the IntemaiJonal Institute of StatisticB," 1890; ''idea Liberale," 1896. 

' " L 'Educaiione in Rapporto alia Criminality," Rome, 1896. Sea 
alao Desmoulins, "A quoi tient la Bup^riorit^ des Anglo-Saxons," 1897. 



1 



304 CRIME: ITS CAUSES AND REMEDIES [§161 

the child who has lied or maltreated a companion? Such s 
child will acquire, month by month and year by year, an instinct 
opposed to falsehood, theft, and cruelty, a physiological aver- 
sion, thanks to which crime will be for him no longer possible. 
Then the problem of education will be solved." 

Criminal anthropology has taught us that, given the tempo- 
rary criminality common to children, we need not be dismayed 
at their first criminal acts, nor visit them with too severe pen- 
alties, when these acts are not too often repeated, and are not 
accompanied with the antiiropological marks of criminality, 
Evolution toward the good takes place in the normal human 
being gradually, Uke the transformation of the lower forms in 
the fcetus. Only a bad education, by stimulating the perverse 
instincts which are merely effervescent in childhood, can make 
them become habitual instead of being transformed. Spencer 
shows us in his admirable book upon Education how much evil 
too strict an education can do, by irritating the child without 
convincing him that he has done wrong, and by not fitting itself 
to his natural instincts; an education, in short, that tries to get 
more than the child can give, forgetting the immense influence 
of sympathy, on accoimt of which even adults regret having 
injured a sympathetic person more than one unsympathetic 

We ought, then, to make punishments milder and at the same 
time render them more effective by always adapting them to 
the character. Thus when a child has injured a valuable 
object, let us buy another at the expense of some debcacy list 
he would have had, thus showing him the consequences of bis 
fault. When he does not obey our orders let us show him less 
sympathy, but not give way to anger, which, however brief it 
may be, is always injurious to the father as well as the child — 
to the father, because it is at bottom but a relic of savage veo- 
geance, and to the child, because it produces in him a dangerous 
reaction. The child ought to be persuaded without being con- 
strained by violence. We should prevent, rather than encour- 
age, as many do, the association of ideas between bad actions 
and punishment, on account of which, when the surveillance of 
parent or teacher is removed, children no longer fear to do wrong. 
This is why the children of persons who have been too strict. 




62] THE DANGERS OF INSTKUCTION, ETC. 305 

on arriving at adult years, often commit more faults, and 
2n crimes, than the children of parents who were not so strict. 

S l6a. Application of Psycholog; to Reformatories 
These reasons have double force when it is a question of a 
senile delinquent, naturally inclined to anger and revenge, 
d likely to take punishment in bad part. Cruel by instinct, 
becomes still more so in the reform school from the example 
others, from tlie glory attaching to misdeeds, and from the 
) often justifiable reaction against punishments that are too 
fere for the gravity of the offence and the age of the offender. 
Iiat sympathy can the head of such an infltitution inspire in 
; diild, to whom he has only a fleeting relation and then only 
inflict punishment? How can he keep watch of hira day by 
y, in such a way as to change his habits, when it is a question 
hundreds whom he can hardly oversee? How, finally, can he 
oid the greater danger of new opportunities for evil-doing, 
len the mingling of so many perverse beings, proud of their 
■n perversity, would be corrupting even for an honest person, 
d when the juvenile criminal encounters this at an age when 
healthy ideas spring up and grow with most vigor? ' 
New subdivisions in the reformatories are too much to expect. 
Is much if the inmates are separated according to age and 
Lise of imprisonment. How shall masturbators, choleric per- 
ns, sexual psychopathies, thieves, and tormentors of animals 
separated? It is important, however, to improve these insti- 
tions by a special selection. It is necessary not only to sep- 
ite the youths from the incorrigible adults, but to attempt to 
3up them according to age, degree of depravity, etc., for, 
3uped togetlier, their vices will propagate tliemselves, instead 
being corrected. The evil tendencies must be eombatted by 
pnotic suggestion, which is especially effective at this age 
d when periodically renewed forms a kind of habitual inclin- 
lon toward the good. This is a proceeding analogous to that 
which Spencer speaks in his "Education." 

 We ahaJ! see in the following chapter how Brockway, under the 

piration of these pages, create the reiormatory at Elmira, thus giving _ 

my work the greatest reward that a thinker can hope for. ^^^^H 



306 CRIME: ITS CAUSES AND REMEDIES [§162 

"Some carp, having been put into an aquarium with smaller 
fish, were in the habit of eating them; being separated from 
the others by a glass partition, they at first threw themselves 
against it in their endeavor to seize their prey, but seeing tlie 
uselessness of their efforts they ceased their attempts, and 
when the glass was raised they lived with the smaller fish witii- 
out trying to eat them. Habit made them harmless, if not 
innocent. It is 'thus that a dog, trained by habit and education, 
ends by not stealing." 

It is by this method that bom criminals ought to be treated, 
avoiding harsh punishments which can only irritate them. 

The measure most necessary, preventive isolation of the 
criminal, is considerably facilitated by new advances in an- 
thropology; for the characteristics of physiognomy and cranium, 
taken together with biological characterbtics and the excess of 
tendencies to evil-doing, assist powerfully in distinguishing the 
dominant and always increasing criminality of the bom criminal 
from that which is found temporarily in the case of aU chil- 
dren.^ It appeared from recent studies made in Italy upon tlu* 
subject,' that of 333 pupils examined, 13% showed serious cran- 
ial anomalies. N'ow of Uiese abnormal individuals 44% vere 
insubordinate, while of the pupils of normal type only 24% were 
insubordinate. Of the former, 23% were dull, and 27% inert; 
of the latter, 11% were dull, and 10% inert. Among the ahncff* 
mal there were 10% incapable of any progress, and only 2% 
among those of normal tj^pe. Of the 43 with cranial abnormal- 
ities, 8 complained of headache, or of a feeling of heat in the 
head, and of incapacity for continuoiis work; 12 were impular^ 
irascible, and unable to restrain themselves, while 6, true crim- 
inals born, lacked moral sense and committed without com- 
punction the most serious offences.* The isolation of the bom 
criminal, in these cases, prevents his perfecting himself in evil; 

' "Homme Crimioel," Vol. I, chap. 2. 

 Vital), "Studi Antropologici in Scrvino alia Pedagogia," 1896. 

• Joly ^"Le Combat pontre le Crime," etc., n. U6) did not find sajf 
bora cnmwEila in the schoob that be examined. "We have the weak 
Wid Bbnormal|" the eehoolmastera answered him, "but they are genet- 
ally mild and moffenaive." But somewhat later Joly is obliged to admit 
that there were those vcbo had committed homicide, and that they vtn 
not U> be found in the schools bf<«u3e not tolerated there. Now orbin 
were they before they were cipeUed? 



§ 163] THE DANGERS OF INSTRUCTION, ETC. 307 

and, what is more important, prevents fruit, congenitally rotten, 
from tainting Imndreds that are sound. 

Does this idea, which I tliink Is new as applied to the preven- 
tion of crime, amount to nothing in its practical application? 
In England, when a child plays truant from school or is refrac- 
tory when he attends, he is confined, after a regular trial, in a 
truants' school. Here they endeavor to give hira immediately, 
from head to foot, the sensation of a new life. To this end his 
hair is cut, he is bathed, disinfected, and clotlicd in suitable 
garments. He is then placed in his own division and obhged to 
keep silence all the week, except on Sunday. He has to do his 
part in the work of the establishment, as well in tailoring and 
shoemaking, which alternate with gymnastics and mihtary exer- 
cises. The little recluses know that it depends upon themselves 
alone whether they regain their liberty in a longer or shorter 
period. The first time, they stay generally only 8 weeks or less, 
at the expiration of which they are released with the admonition 
to attend the ordinary schools. Of those set at Uberty 25% or 
30% offend ^ain, and are confined in the school tor 4 months, 
and if they commit a third offence, for 6 months. If, after this, 
they are found to require more prolonged moral treatment, they 
are sent to the reform school. 

The industrial schools receive children who have not been 
convicted, but who, because of their environment, are in danger. 
The reform schools receive the young dehnquents convicted by 
the magistrates, county court, or court of assizes. They are 
confined, for a term not to exceed 5 years, in authorized and 
inspected schools. In short, the industrial schools are pre- 
ventive establishments, while the reform schools, as their name 
Indicates, are repressive and at the same time educational 
institution.s, in which delinquent children are carefully separated 
from those simply vicious, and where the dangers of promiscuity 
are avoided by a careful division into small groups. 

i 163. Associations among Children 

For the same reason it is necessary to watch all the scholastic 
institutions in order to prevent tuming them into criminal 




308 CRIME: ITS CAUSES AND REMEDIES [§ 163 

centers. This b the way to check the development of criminal 
tendencies, which exist already in germ. The asso<nations o( 
street-boys in the great cities appear inoffensive, but they are, 
on the contrary, greatly to be dreaded. It is these that we should 
try to suppress with the greatest energy. "The children who do 
tlie mischief," said a school teacher to Joly, "are never alone, 
and when they get together it is never for any good." ' 

We have already seen in the "Homme Criminel" and in 
Fart I of this work, how men, when they form associations, 
lose in honesty, even when they are senators, deputies, or aca- 
demicians. It is natural, then, that this law should manifest 
itself in the time of childhood, when dishonesty is a physiolo^ 
ical characteristic. It is easy to understand how much more 
serious the danger from these associations is when the childm 
are orphans, or belong to families that are immoral or inc^iable 
of training them. 

"We can say," says Sp£tgliardi,' "that the majority of youi^ 
tramps and vagrants do not become such from perversity or 
poverty, but from defective education and because they ven 
drawn away by evil associations. How many times have we 
not heard respectable families say something of this kind: 'As 
long as our son remained in the country he was an obedient 
young man and full of promise; but since we have been estab- 
lished in Milan he has lost his respect and affection for his 
parents, and has robbed the house several times.' A boy 
8 years old, of a good and respectable family, disappeared from 
the house of his parents for several days and was able to evadi' 
the most diligent search. When he was found he was never 
willing to tell where he had hidden. To what shall we ascribe 
these strange changes taking place in children of respectable 
families? Where do they find the means of living lives inde- 
pendent of their families and emancipated from them, if not 
with bands of vagrants? 

"But if the children who make an ideal of this kind of life, 
found, on the contrary, that the first step they took in that 

' Joly, "Le Combat contrc le Crime," etc., p. 127. "When aome of 
the children ga wrons," smd another schoolmaster to him, ''it is timaH 
always due to friendahips that become too intimate. Two children, ^t- 
viously good, moke doubtful diacloBurea to each other and mutually ccr- 
rupt one another. It is atill worse where the children are aaturallv bad. 
They have a teodenry to form bands which have all the criminal <^ukne- 
teriatics, and employ a sort of argot among themaelvea." [Ibid.) 

' "The Monist," Chicago, 1895. 



§ 164] THE DANGERS OF INSTRUCTION. ETC. 309 

direction brought them hunger, isolatioa, aud strict surveil- 
lance, would it Bot be better for the family, and could not the 
family by this means make its authority effective? There are 
already strict ordinances for pubhc hygiene, for policing the 
streets, for preventing contagion . . . ; why should there not 
be one hnuting these associations, which are a hidden menace 
to society? While they are children, a police officer would be 
sufficient to reduce them to subjection. Let them alone, and 
some day they will be resisting charges of cavalry." 

S 164. Refonn Scbools 

Some years ago the reform schools admitted 7688 children: 
those in Italy, 3770, in Belgium 1473, in Holland 1616, and 
in America S400, all with the ostensible puqiose of preservation 
and amendment. But we have shown how far these institutions 
are from being able to realize good results under the actual con- 
ditions of their organization, which brings all these perverse 
natures into contact with each other. This promiscuity be- 
comes still more dangerous when these young prisoners come 
to be more than a hundred in number. They cea.se then to be 
individuals and become a crowd, which cannot be watched and 
developed in detail, even by the most able director, so that the 
most stringent rules end in failure. I speak not theoretically 
hut after a detailed inquiry into numbers of these institutions, 
while remaining an admirer of the rare philanthropists who are 
at the head of some of them. 

If sometimes in these reform -schools I have noticed young 
people who were industrious, trained, and without bigotry, I 
cannot say the same of many others, in which, under the mask 
of a Jesuitical mildness, ^'ice flourished worse than ever. I have 
even observed in one of the better establishments in Milan some 
of these juvenile dehnquents who, when questioned as to the 
cause of their confinement, lied brazenly, even in the presence 
of the director, a fact which proves that they had neither re- 
pented nor had any realization of their offences. To assure 
myself with regard to this I have observed several of these 
dehnquents after their liberation. I have questioned them, 
and their answers and autobiographies proved to me how full 
even the better establishments are of the most infamous vices. 



310 CRIME: ITS CAUSES AND REMEDIES [§ 16* 

such as pederasty, theft, and the Camorra, just as in the case 
of the prisons. So bad indeed was it that it even disgusted my 
informants, though they made no pretensions to virtue, and 
soon fell again into crime.' 

In some of these establishments, at G. and M. for example, 
there prevails unpunished the custom of compelling the new 
arrivals to masturbate all the adults that desire it. At Ascoli 
the inmates set fire to the establishment with petroleum. At 
Ambrogiana three of thera stabbed one of the guards to death, 
with no other motive than the pleasure of doing evil. The ruses 
that they employ are unbchevable. One of them, taking ad- 
vantage of his occupation as carpenter, hollowed out a piece 
of wood, in which he concealed cigars, sausage, etc., to sell to 
his companions. Another hid a dagger in his straw mattress. 
A third concealed a gold piece under his enrollment number, so 
that he always had it with hJm when he changed his cell, a 
trick that never would have been discovered without his own 
confession. Of the youths whom we interrogated at the " Gen- 
erals," 8% manifested no desire to amend, although they had 
committed the most serious crimes. "If young people of our 
age," they said, "have money tor amusements, why have not 
we the right to get some for ourselves by stealing either from 
them or from others." Others added, "Whatever crime we 
may commit wiU not equal what we have endured in the re- 
formatory." 3% resolutely denied their offences; 11% declared 
that they repented, but did so with an air of indifference which 
proved their insincerity; 5% w*ent so far as to insult their pai^ 
ents. We have seen,' that in these institutions tattooing ii 
very prevalent, 40% of the inmates being marked in this way. 
This is a very grave sign; but there is another worse still, if 
possible: this is the use of a special argot. 

If, however, by the most assiduous pains the young prisoners 
are really improved, this improvement disappears when th^ 
go back among adults. More than this, there is but one rule 
not only for all parts of the country but for all ages, whereas 

' For detailed proof ae« the autobioeraphiee and dialogues at the cod 
ot the 2d ecUtion of the "Homme Criminel," Turin, 1878. 
> "Homme Criminel," Vol. I, p. 338. 




§ 1641 THE DANGERS OF INSTBUCTION. ETC. 3U 

what is needed is a tutor and a matron for the children, and 
for the adults a real martinet. Joly also tells of reform schools 
in France that seem at first glance to be like paradise, but which, 
in reality, are so many hells. The discipline is very severe but at 
the same time inefficacious. Thus, for example, tliere is a 
punishment room where the children have to march around in 
an ellipse from morning till night, covering as much as 25 miles 
over the rough floor before going to lie down on their plank 
beds. In revenge, when eight or ten of them get one of the 
guards in a comer, they threaten him with blows or with an 
accusation if he does not do what they wish.' 

Would not total neglect be better than such a system of 
education? 

There exist, it is true, cert^n rare establishments which have 
at their head men remarkable for their philanthropy and for 
their keen insight as teachers. Such men are De Metz, Ducci, 
Rey, Obermayer, Spagtiardi, and Martelli, who by their devo- 
tion make up for every lack. But these are exceptions upon 
which the state cannot count. 

It is certain that the bad results of these reformatories are 
much less when the number of the inmates is more limited. 
Thus in France the public institutions which almost always 
had as many as 400 pupils showed a recidivism over 19%, 
while the private institutions, having an average of 150 pupils, 
showed only 11% to H%; and in Switzerland and in the Grand 
Duchy of Baden, where there are never more than 50 pupils, 
recidivism falls to 4% and 2-5%; while in England it is 4% for 
the boys and 1% for the girls. 

However these figures do not satisfy me completely. In the 
United States they count upon 33% of recidivism in the nu- 
merous reformatories. Toequeville, after praising them as the 
ideal of penal reform, declares that of 519 children released, 
300 relapse into crime, including nearly all those addicted to 
Iheft and drink, especially in the case of the girls. Of 85 girls 
released only 11 had excellent conduct and 37 good. Out of 
437 boys, 41 were excellent and 85 good. Everyone will recall 
the pompous eulogies of the colony of Mettray, which, accord- 
> "Le Combat contre le Crime," p. 14S. 



312 



CRIME: ITS CAUSES AND ] 



MB 



ing to the statistics of some years ago, was able to reduce tecid- 
ivbm from 75%, which had been the figure, to 3.8% (Despine), 
Now, a few years afterward Du Camp informed us that recid- 
ivism had risen again to 33.3%, a fact which he explained by 
the aversion of the Parisians to the countrj', which is generallj' 
the delight of the young. Yet Mettray has the ideal system 
for a reform school, for the children are divided into groups or 
families of 16 or 17, each living in a cottage with its own head 
and assistant head. How shall we believe the miracles told of 
the cellular reform school of la Roquette, which is said to have 
reduced recidivism from 15% to 9%,' when we see that a few 
years afterward a government commission found it necessary 
to suppress it? And tlie French statisticians, while for the 
period 1866-68 they estimated the recidivists at 17% in the 
case of public reform schools and at 11% in the case of private 
ones, confessed that half of those released had a bad reputation.' 

Even if these statistics were exact, they would prove abso- 
lutely nothing, because the private institutions are apt to get 
rid of their worst subjects by transferring the insubordinate 
and idle to the government reformatories; and when once they 
have got rid of these, those that are left make a relatively good 
showing. We know, moreover, that however useful the reform- 
atones might be for effecting a moral cure, yet the enormooi 
expense that they entail and their limited number, consideiing 
the need, must always make them insufficient. 

We may add that the possibihty of putting children into an 
institution when they become undisciplined, and this without 
expense, makes many parents less active in watching over them, 
and at times even interested in having them misbehave. I 
have observed at the "Generala" five youths of well-knomi 
families, two of whom had incomes of more than 100,000 francs, 
whom greedy guardians or guilty parents had had confined und* 
more or less grave pretexts, keeping them there at a franc  
day and refusing them even the money necessary to buy t 
musical instrument or a book with which to make their sham^ 
imprisonment a little more bearable. 




§ 164] THE DANGERS OF INSTRUCTION, ETC. 313 

"I must remark," says the former chief of police, Locatelli, 
"that the legislative measures with reference to refractory 
children are being wrongly interpreted by our people. While 
the legislators passed them with the intention of more effectually 
preventing crime, the people, following a system of interpretation 
taught by self-interest, persist in considering them exclusively 
philanthropic; so that fatliers of large families consider them- 
selves authorized by the law to have those children who cause 
them most trouble and expense confined and educated at the 
expenae of the state. As soon as the persons interested perceived 
that their applications were received with circumspection, the 
attempts were made more craftily. Demands for the commit- 
ment of the children were supported by ample testimony, often 
from very high sources, proving the incorrigibility of the minor 
in question. What is still more deplorable, parents often even 
went so far as to force the child into idleness and vagrancy by 
all sorts of artifices, as by cutting down his food, for example, 
or disturbing his sleep, in such a way, however, that the author- 
ities could get no proofs." 

For those who believe that these reform schools are a benefit 
to deserted children and orphans, I would say that these schools 
have hardly 8% to 13% of orphans, and 8% to 12% of step- 
children. They can he useful only in those rare instances when 
they really teach the young prisoner a trade. We may add that 
in DO reform school, or in hardly any, is the system of isolation 
at night or a rigid rule of silence apphed — regulations which 
would hardly be applicable in institutions half didactic, half 
industrial, and which would be continually evaded by the 
tricks of the prisoners. 

If any one is greatly concerned at the thought of the harm 
which some of these children would receive if left in their 
demoralizing homes, let him think of the effect upon honest but 
weak young people who are brought into contact with the 
vicious in the reform school. Those among them who come 
from the country, where they could not learn evil or form bad 
associations because of lack of opportunity, find in the reform- 
atory evil associations all prepared for them. 1 would per- 
mit reform schools, then, only in exceptional cases and for a 
small number of individuals, these to be classified according to 
age, aptitude, and morality. They should be separated at 
night, but should enjoy relative liberty with no mark of infamy. 



314 CRIME: ITS CAUSES AND REMEDIES [§ 165 

I wotild have these schools admit only those who for th«r 
poverty could not be received In military and naval schools. 
Aa for the rich who would like to have their children confined 
in such a place, they ought to pay a heavy tax, proportioned to 
their income. 

5 165. Educational Methods 

If we sometimes meet with success in our reform schools, 
notwithstanding their defective organization, it ia due to the 
fact that there the young man becomes used to regular and 
continuous work, something that the born criminal commonly 
refuses. Tliis latter fact makes it easier to recognize such 
criminals and separate them from the others, and thus it is 
made easier to develop the physiological honesty of habit in 
the youth whose defect is only the physiological sub-criminality 
of the child. 

Don Bosco^ has traced for us an excellent system for the 
education of young delinquents who are capable of reformatioiL 

"The greater part," he says, "have an ordinary tempera- 
ment and character, but they are inconstant and indined 
to indifference. They should be advised and warned briefly 
but frequently, and encouraged to work by small rewards an5 
a great deal of confidence, though without any relaxation of 
sur\'eillance. Effort and care must be especially directed toward 
the class of unruly pupils, of whom there is about one in fifteen. 
But the vice most to be dreaded is lubricity. Any one of tlie 
inmates who persists in this must be expelled. The young 
prisoners must not be allowed to keep any money or article 
of value; in this way we may prevent theft and the bargajmog 
to which the children are inclined, being natural traders. . . . 
The repressive system is plainly capable of keeping down dis- 
order, but it is powerless to make the soul better; for althou^ 
children easily forget punishments inflicted by their parents, 
they always remember those of their teachers. Repres^o 
may be useful in the army and, in general, with persons who 
are mature and prudent; but what is needed with cluldren 
is the preventive system. This system, based entirely upon 
reason, religion, and love, excludes any violent puni^unenL 
To understand the advantages of thiq system it ia 



' Boaetti, "CSnque Luatri di Storia dell' Oratorio Salcsiaiio," Turin, 




(p67 



i7] THE DANGERS OF INSTRUCTION, ETC. 315 

to remember the instability of the child, which makes him for- 
get tlisciplinary rules and the puoishmeDts that he incurs, often 
transgressing a rule and making himself hable to a punishment 
of which, at the moment of acting, he never thought at all. 
He would certainly have acted quite differently if a friendly 
voice liad warned him. It is necessary to see that the pupib 
are never alone, and to give them ample opportunity to run, 
jump, and shout as much as they like. Gymnastics, vocal and 
instrumental music, declamation, amateur theatricals, walks, — 
aU these are effective means of procuring good discipline, at the 
same time being useful for morals and health. The subjects for 
presentation in the improvised theater must be carefully chosen 
and only respectable characters depicted." 



I 



S i66. Moral Training Oiroiigh Adoption 
Tt is, above all, the example of the teachers that has influence; 
for we are led more by example than by persuasion. Every 
effort must be made to find the exceptional teachers that are 
necessary; and when these are wanting, when a mixing of the 
different classes cannot be avoided, because of crowding and 
because the frauds of parents cannot be prevented, when there 
is not a cubicle for each inmate, and when good workshops 
are lacking, as is unhappily the case in Italy, then it is prefer- 
able to entrust the children to moral and energetic families at 
a distance from the corrupting influences of the city. The 
deserted child little by little becomes fond of the family that 
adopts him, brings them his first earnings, generally never 
leaves the home that has received him, and finds there a stable 
mora) environment, which directs him to rectitude.' Thus in 
France, of 11,250 children sent to families in the country, only 
147 finally had to be sent to the reform school, 

S 167. AmericinRefonns— Placing in the Country 
Here philanthropy must assume new forms, abandoning the 
methods of the monastery and the barracks, as well as those 
of abstract morals, which have no hold on a being inclined to 
cirimc. What is necessary Ls to inspire the person with a desire 
for property, a love of work, and a feeling for the beautiful. 
• Joly, "Le Combat centre le Crime." 



316 CRIME; ITS CAUSES AND REMEDIES [§ 187 

This adoption must be supplemented by emigration to distant 
lands or migration to the country. This is the only effective 
remedy, as Bamardo, Bosco, and Brace have proved. In 1853 
professors, judges, clergymen, and rabbb formed a society to 
help vagrant children,' and established philanthropic work- 
shops, where they might be received. But the competition of 
the regular shops prevented the success of this enterprise, and 
the boys themselves, for their part, objected to being objects 
of charity and preferred their liberty. The plan of giving them 
lodging at a low price was then thought of. Beds were fui^ 
nished at 6 cents, and a bath and dinner at 4 cents. 

But there was as yet no way of making the lodgers work; as 
for asking them directly to do so, tliat would have been to 
empty the establishment at once. In order to awake neither re- 
pugnance nor suspicion, the director entered one morning and 
announced that some one wanted an employee at $12 a month. 
Twenty voices were raised to offer themselves. "Very well," 
said the director, "but a good handwriting is necessary." Gen- 
eral silence! "Well, then, if no one knows how to write, we will 
teach it to you in the evenings." Thus it was that the nigbl 
schools were started. In 1869 and 1870 8835 boys made use 
of the lodging-house. In 10 years the total had reached 01,326. 
of whom 7788 had become good workers. The poor women 
objected to mingling with the well-to-do in the industrial 
schools, and accordingly schoob have been created expressly 
for them, and food and clothes are promised those who con- 
duct themselves well. Since then the number of girls arrested 
for vagrancy has diminished, and from 3172 in 1861 fell to SSfl 
in 1871. Only 5 out of 2000 pupils went to the bad. The 
number of female thieves fell from 944 to 572; and there were 
only 212 girls under age arrested in place of 405. the fonner 
number. Still more was done for the boys. Primary schoob 
of carpentry were opened, in which hot meals were served. 
Entertainments were organized with admission costing 4 or fi 

• Brace, "Reports upon the Questions of the Program of the Inta* | 
natjoiud Penitentiary Congress at Stockholm, . . . Accordinc to wh»l . 
principles institations for rofcrant, mendieojit, and deaertea childitf 
should be organiKed," 1S77; Brace, "Dangerous Clasaea (rf New YoA." 
1875, 




§ 167] THE DANGERS OF INSTRUCTION, ETC. 317 

centa. At first the children broke the windows and shouted 
"We don't want any schools!" But the very fact that they 
were under no compulsion to go overcame the most unwilling; 
and the objective methods of Froebel ended by winning them 
over completely. 

The institution supplemented this work by placing children 
on distant farms, where their work is best utilized, and, in con- 
sequence, preferred, where they are free from the bad influences 
of the large and small cities, and where the worker, being in 
direct contact with his employer, is better watched than he 
would be if he were living with his own family. 

The continual contact with a good housekeeper makes good 
domestic servants out of the girls, and the boys learn from their 
employer to be good farmers. Living in an atmosphere of 
kindness, sympathy, and industry, stimulated at the same time 
by a new self-respect and the hope of a better position, and, 
on the other hand, having no bad companions nor any tempta- 
tion to steal, they abandon with their rags many of their vices 
and find in the various activities of farm life an outlet for their 
energy. When they are too delicate, the society pays for their 
support until they gain strength enough to work; but if they 
finaily prove not to be strong enough, the society takes them 
back again. 

In this way the society in less than 23 years has placed more 
than 35,000 children who were deserted and without refuge, to 
say nothing of the large number received into the industrial 
schools (21 day schools and 14 night schools) and in the lodg- 
ing-hoasea (more than 23,000 in 1875). After the children have 
contracted habits of order and sobriety in the night schoob and 
Sunday schools, they are placed in the country, and the whole 
work has not cost more than 82.000,000. 

Many of these children are adopted by their employers; 
others have started new farms by their work, or have entered 
some profession. Many of the girls have become excellent 
mothers of families. Some of these young people change their 
situations, as all employees do; but few return to New York, 
and very few indeed, not more than 6 in 15,000, get into the 
In New York, in fact, in the ten years following the 



^xourts. 



318 CRIMEr ITS CAUSES AND REMEDIES [5168 

establishment of this work there was a decrease in the nil 
ber of 

Vagmnla from S8B9 to 9H 



This is, according to Brace, the only institution really useful 
for vagrant children, who, crowded together, could only cor- 
rupt each other, while by this means we use the boy to improve 
the land, and the land to improve the boy. This is surely s 
good cure for criminaUty, and haw effective it would be in 
certain parts of Italy! 

There remain the children who are sickly and otherwise in- 
capable of farm work. For these separate beds have to be 
kept In the schools themselves, as is done iu the "ragged 
schools" in England. 

S i68. Day Refonnalories for Children 
When it is not possible to bring about the creation of hene\-o- 
lent institutions like that described above, they may be replaced 
by the institution advocated by Spagliardi, a reform school for 
day pupils, which is much easier to establish. This is a com- 
pulsory day school for refractory children between the ages 
of 6 and 12, whom the neglect or incapacity of the parents have 
left unprovided with any education, and who cannot receive 
one in the ordinary asylums. With these are included the 
young vagrants found habitually together in the public places. 

"Even the asylums for children," says this great philanthro- 
pist,* "do not get all the poor children, especially tiiose of the 
very poor, ashamed of their poverty. But in any case, wbta 
the children come out of these institutions at an age when 
children are most inclined to evil, there is no longer any special 
refuge for them, and they become vagabonds." 

In this way we may counteract the weakening of parent^ 
authority, which is one of the most serious causes of dime 
(not less than 20% among the children of the well-tonio), a«i 
this without taking them from home and shutting them up 



§169] THE DANGEBS OF INSTRUCTION, ETC. 319 

at just the time when they most need air and movement 
and the care and relationships of family life. In this way the 
child would be given a milder treatment and one better suited 
to his age, he would be spared fatigue disproportionate to his 
strength, while special attention would be given to his physical 
development. 

This is not all. The reform school costs too much to be 
Bpplied upon a large scale, while these day reformatories, better 
adapted to childhood, could readily extend their operations in 
direct proportion to the need. Moreover, even if the expense 
were greater, which is not the case, this would be largely com- 
pensated by the decrease in the number of criminals. We have 
a direct proof of this in the two institutions for children in 
Milan, which, out of the 700 children received since 1840, had 
not a single one convicted after leaving the school, while half 
the prLsoncrs of the reform schools have been inmates of other 
asylums. It would certainly be sufficient, for the present, if 
the so-called oratories, where the children are assembled on 
Sundays (in Milan about 3000) for useless prayers interrupted 
by long and wearisome periods of idleness, should be secular- 
ized, conducted on rational lines, and utilized every day in the 
week. 

i 169. " Ragged Schools " 
There exists in London an institution midway between the 
wmpulsory asylum of Spagliardl and the voluntary asylum of 
Brace. This U that of the "Home for Little Boys." These 
are real little villages or colonies given up to unfortunate chil- 
dren. The inmates are divided into groups like families, and 
are taught trades of shoemaker, farmer, valet, mechanic, etc.' 
We may cite also the "Ragged Schools," where the children 
are furnished with food and clothing as well as instruction, and 
Inhere the poorest, the deserted children, and the orphans are 
also given lodging for the night. This institution, which costs 
the government nothing, was founded in 1818 with certain 
children picked up in the streets of London. These schools 
formed a noble bond between the higher and lower classes, and 
' "lUvtsta di DiBciplina Carceria," 1876, p. 197. 



320 CRIME: IIS CAUSES ASD KKMKIXBS Qm 



■i tlKm mi^it be aecb for Ahtj-kmr jvais m, rtiwrlm rf 
g^ gi— ^ fji^Aiwg the i^pfctfrrt evoy S — J^ . Tk ^JJi^ 
aie allowed to enter and ksie off tiKir ovm aooovd* thni^ 
maiQr of tlMm aie Imni^it to the i^ook in tke fiist iiiitiBoeliy 
the poooe. NnDubcrs of tihcju stqipuil thcfludm bgr tlievcu 
work. Thw thoe weie in 1800 388 ^«n^M^^-lr« m tke kW 
each of wliom faton^it the aodtij iii| i rm'r dai|^. 

Anothrr KngBA mensme nu rtly off bcii^ ^—nfirtH hid 
of oUiging patents wlio are found to be i fapntMih l r for a difs 
ddinqnency to contribute a penny ont of eveiy ahilEngof ttdr 
wages towaid his support iM3e detained. Thus are d^F 
l^en an interest in taking caie of their diildren* and do Mt 
consider their confinement an advantage. We hsve seca Ik 
miracles acoompHshed by the Society for tlie P ke r e n tiott d 
Cmdty to Children. Another fine institution is that of Ik 
Boys' Brigade,' idiidi emoDs the little TagnbcMids of the stneb 
by hundreds. It was instituted in Glasgo^r by W. A. Sntt 
in 1883, and in 1891 already numbered 20,000 boys, who ddkd. 
marched, had common prayers, and sang in church. 

§ 171. Bamardo's Institutioiis 

To save, if not the bom criminals, at least the crimiiiskH(b» 
it is necessary to take them in infancy. 

"The attempts to reform unfortunate adults,** writes Btf- 
nardo, "always come to nothing on account of the force of 
the criminal habit in the indi\'idual. The vis inertia of igno- 
rance, vice, and crime is hardly to be overcome by the idea i 
reformation. 

"It is quite otherwise when it is a question of children. HiH 
the difficulties are smoothed away the moment that we havei 
plastic material in our hands. The influence of environmes^ 
and circumstances in the formation of character is grettef 
than would be believed. I have observed that a new and healtli* 
f ul environment is more powerful to transform and renew tf 
individual, than heredity is to fix a blemish upon him. Kb 

* "Revue du Christianisme Pratique," 1892. 



171] THE DANGERS OF INSTRUCTION. ETC. 321 

cessaiy, then, to cleanse and purify the atmosphere at once 
id thoroughly if per\'erse instincts are to be obUterated." 

Bamardo cites triumphantly the careful examination that he 
ade of the lists of the children received. This showed that 
i% of the children were descended from drinking parents, 
ow we know how fatal an alcoholic heredity is; and yet, out 

9000 received and sent to Canada, who have grown up and 
bose history is known, only 1% have gone wrong. It is 
pessary, then, to take the child in the plastic state, if we want 

change it. It is not a rehgious question simply, but one of 
onomics. By spending $100 to take in and reform a child, 
ciety saves thousands of dollars necessary to defend itself 
gainst the adult criminal. 

Bamardo receives all deserted children, looks carefully into 
eir past, and keeps them for some time under observation, 
ter which he chooses a trade for them and sends them to a 
rm or to Canada. One of his great secrets is to isolate the 
ildren as much as possible in small groups, leaving them 
U liberty to develop their different individual aptitudes, and 
us avoiding as much as possible what he himself calls "the 
unp of institutional uniformity," that curse of orphanages 
d children's homes in general. For this it is necessary not 
nply to avoid mingling children of different ages, but even to 
ep them in different buildings, having them pass from one 

the other according to age and circumstances. 
This intuition of the needs and capacities of each individual 

relation to society Barnardo has carried into all his work, 
plying it systematically with profound penetration and truly 
jnane feeling. He receives children of all ages; those be- 
■een 3 and 5 go to the Tiny House, those from 4 to 9 to the 
rsey House, Elsewhere he cares for children between 10 
,d 15. When they reach 13 years of age, Bamardo tries to 
custom them to work, to harden them to fatigue, to prepare 
em, in short, for the life before them. But to the very little 
ildren, the nurslings, orphaned or abandoned, Bamardo 
shes to give, if not luxury, at least the comfort of children 
ought up and cared for in their own homes. Their home is 
uated in the midst of gardens, they have young, strong 



322 CRIME: ITS CAUSES AND REMEDIES [§171 

nurses, rooms full of light and sun, white clothes, plaTthings, 
birds, little carriages, and good beds. If the Doctor cannol 
furnish complete comfort to all the children he takes in. he 
wishes at least to give it to the smallest. In his paper, "Night 
and Day," we see a photograph of one of the dormitories. 
Colored pictures cover the walls, in tlie background is a large 
rocking-horse, while bird-cages hang by the beds. The picture 
makes one think sadly of our orphanages and day nurseries, 
where the children are kept like cattle in a stable and every- 
tliing goes on as if in tombs of the living. One of the branch 
homes is in the country because a little three-year-old country 
girl received into the institution could not accustom herself to 
it and cried continually- The case was brought before the 
council, and one of Bamardo's collaborators, IViiss Blanche 
Watteley, at once found the solution: it the child could not 
get used to the city, they would establish a home in the country. 
This is how the "Bird's Castle" came into being. 

After having snatched the children from misery and crime 
and taught them to work, Barnardo, to complete his task, sendj 
them to Canada, where he has an agent to place them on farms 
and keep watch over them. Contracts are made with the 
farmers for three or five years, with food, lodging, and $50 or 
$100 a year in wages, according to the age of the ward. Thus 
they are rescued from the pernicious barrack system of crowded 
living, and at the same time transplanted into new surround- 
ings, where the fevering stimulation of modem life cannot 
affect them. 

It was with an equally true feeling for the needs and capacities 
of his wards that Barnardo organized the institution for piU. 
They have a little village all to themselves in a charming place 
a short distance from London. This Ullage is made up <rf 
cottages, surrounded by gardens, having fanciful names, like 
"Pea-blossom," "Wild Thyme," etc. Each house holds 20 
girls, watched over by house-mothers; for Dr. Barnardo says 
quite rightly that if the institutional stamp harms a boy. it 
stunts a girl completely, since her temperament demands for 
its complete development all the domestic details of the taniilj 
life. The barrack system may very well under certain condi- 




g 171] THE DANGERS OF INSTaUCTION, ETC. 323 

lions be useful tor boys, provided it is for a limited time only. 
But it would have do value whatever for giris, who would leara 
trom it nothing that the wife of a poor man ought to know, — 
to make purchases, to quiet a crying child, to sew. All these 
are taught by the cottage system, and 800 girls trained in this 
way are annually sent to Canada, where they are very much 
sought after. 

The benefits of this method of education cannot be doubted 
when one considers the list of the rescued that the delegates 
of the Salvation Army gave me. The histories cited by Bar- 
nardo also and backed up by photographs give us incontestable 
evidence of a transformation that is not only mental hut also 
physical, so that the criminal, thanks to the Doctor, has be- 
come actually another man. 

"Job, for example,' was IS years old when he was admitted. 
His mother had died of cancer three years before in the hospital; 
his father was lazy, tuberculous, and a drunkard, and had often 
been imprisoned. Job, left to himself, on leaving the asylum 
had started out as a pedlar; being without shelter or resources 
he had been drawn away by evil companions and became a 
thorough vagabond, begging on the street comers under pre- 
tense of selling matches. He is now sober and does not smoke, 
and is a fine young fellow, well developed physically. For 
£8 for his education, and XIO for his voyage, he has become 
an independent citizen in a new country.' 

"James, 14 years old, a Liverpool boy, lived with a married 
sister, the mother of three childjen, in a kind of cellar, which 
the police required them to leave. He had several times been 
put in prison for mendicity and for having been found in the 
company of known criminals. He was sent to Canada and 
placed upon a farm, and though at first there was some 
trouble because of his irregular conduct, he has now completely 
amended." 

O noble souls of Don Bosco, Brockway, and Bamardo, take 
from these pages, across which crime has trailed its dark and 
dreadful lines, a greeting! for you alone have brought us light, 
liave opened the only positive road to the prevention of crime. 




324 CBIME: US CAUSES AND REMEDTKS [§172 

f Z73. Medical Trettment 

After attempts at moral suggestion the hypnotic cure skonid 
be tried. Although the effectiveness of this method has bea 
exaggerated, it is certain that at least for the moment oertaii 
tendencies may be combated successfully by hypnotic methods, 
and the mind given the proper direction. This result has bees 
obtained with paranoiacs. It ought to be still easier to attain 
success when the malady is in the incipient stage, and to pro- 
duce by repetition the habit of right action. Further, we most 
not forget that the basis of criminal tendencies is always of in 
epileptic nature. According to Hasse and Esquirol, the epflqh 
sies that manifest themselves shortly before the age of puberty 
frequently disappear when that age is readiied. When qi 
lepsy is hereditary it is frequently sufficnent to remove dre 
patient from the circumstances in which the parents find; 
for example, to move him to another climate and to substitute 
for brain work muscular exercise in the open air. AoooidDg 
to Bevan-Lewis and Clouston, the hydropathic treatmest, 
coupled with a vegetarian diet, is very effective.* The intemi 
treatment useful in such cases must also be applied. BromkieS) 
opium, belladonna, etc., are given in various cases. 

^ Marro, ''La Puberty Studiata nell' Uomo e nella Donna," p. 438. 




5 »73- 
fANY of the economic measures that we have suggested 
' for preventing parliamentary corruption and the excess 
of poverty and wealth would also be very efficacious for the 
prevention of the political crime that expresses the discontent of 
the masses, as ordinary crime expresses that of the individual. 

S 174, Racial Affinit; 
Historical experience, as Lanessen points out to us, shows 
that when a dominant people is inferior in power and culture 
the people ruled always end by freeing themselves completely. 
Of this Greece, Holland, and the United States are examples. 
Good politics, then, would consist in a voluntary abandonment 
of sovereignty in such cases; but vanity and immediate inter- 
ests blind the ruling nation, and only rarely is this wise resolu- 
tion taken. An easier method is a kind of incomplete detach- 
ment, like that of Austria and Hungary, and England and her 
colonics, a device that diminishes dependence, contacts, and 
diasensiona, thus removing one of the greatest causes of re- 
bellions and political crimes, the more .so as the people, gov- 
erning themselves, see the more serious evils and are able to 
n-raove them. 

This device of detachment and autonomy is applicable at 
times within the nation itself, when there exists a great differ- 
ence of race, as, for example, between the north and the south 
of Italy, Under these conditions, a uniform civil, penal, and 
political code provokes continual discontent, which manifests 
itself in insurrections. Among degenerate races showing great 
ifferences, as in the case of the castes of India and the fanatical 



326 CRIME: ITS CAUSES AND REMEDIES [§176 

Mohammedaii populations, the sole method of political con- 
ciliation consists in abandoning any attempt at civil or religious 
progress, and in preserving scrupulously the status qiio, — this 
even to the smallest details, such as the resj>ect for the ashes 
of manuscripts in Tonquin and for pork fat in India. This is 
the system of which the Romans were, and the English still are, 



{ 175. Decentralization 
"The future of society politically lies in decentralization," 
says Spencer, If a people is treated like a child it loses all 
spontaneity and becomes incapable of contending against diffi- 
culties. Thus it comes that where the English have recourse 
to their mutual-aid societies, the French clamor against tlie 
government. They can no longer have a free govemment, for 
when they are free they lose all stability and give themselm 
up to anarchy. The imperial form of government, which ii 
that best adapted to them, is naturally never liljeral. On tbe 
other hand, by concentrating great powers in the hands of a 
few, great opportunity is given for corruption, the more » 
when parhamentary immunity protects the authors of it. If, 
however, you will aUow the cities to administer th^r own aSun 
freely, according to their importance, to elect their own officer^ 
to have charge of the courts of first instance, secondary educa- 
tion, the police, the prisons, the means of communication, yoa 
will eliminate a great cause of injustice and abuses, and ia 
consequence will eliminate also the political crimes provokoi 
by these abuses. 

I 176. Contest tta Political Suprenucy 
In order that one class in exclusive possession of the politial 
power may not proceed to excesses prejudicial to other classes, 
it is necessary' that the people shall be represented somewhere 
among the multlphcity of historical constituent elements, TBiw 
the tribunate preserv-ed the Roman Republic for centimes and 
prevented popular uprisings. 



§179] 



PREVENTION OF POLITICAL CRIME 



5 177. Universal Sufirage 
Universal suffrage seems destined, in the course of time, to 
bring about the abohtion of class distinctions, but turned over 
to the ignorant and corrupt it may easily be turned against 
liberty itself. The aristocracy of knowledge, which Aristotle 
believed impossible but which has nevertheless existed for cen- 
turies in China, would alone be fitted to counteract the power 
of money, acting through the bourgeoisie, and the power of 
numbers in the proletariat. But if we are to admit universal 
suffrage, like a torrent that cannot be stayed, it must be guided 
the rational voices of men of higher worth and clearer sight. 



r 



5 178. The Jodiciftry 

The judiciary, for its part, ought to be freed from that sub- 
servience to the legislative power which, in Italy, paralyzes its 
forces. It is quite different in America, where popular election 
lias given the judges a power and independence so great as to 
, allow them, upon complaint of a citizen whose rights are in- 
bulged, to pronounce null and void laws which do not con- 
form to the constitution. Noailles ' shows how this judicial 
system, which comes directly from the English common law, 
protects the rights of the nation and of individuals against 
the power of Congress as much as it does the privileges of the 
federal government and individual rights against the power of 
the several states. When there is a conflict between a clause 
of tlie constitution and a legislative enactment, the judicial 
power steps in to see to it that constitutional liberty shall not 
be threatened by the weakness or the tyranny of legislative 
bodies. 

{ 179. Poor Man's Lawyer — Legal Aid Societies 

We see how the judiciary can prevent political crimes, which 
are committed in revenge for great injustices.' The internal 
peace of Rome was maintained for centuries by the influence 

' Due de NoBillcB, "Lo Pouvoir Judiciare aux Etate-UniH" (H«vue da 
Deux Mondea, Aug. 1st, 1888). 

' Lcimbroso and LaschI, Le Crime Politique et L«fl Revolulions," 
1S91. 



328 CRIME: ITS CAUSES AND REMEDIES [§ 181 

of the Tribunate, and that of Venice by the relative imparti- 
ality of juatice. It is certain, on the other hund, that when 
tyrannical governments like that of Austria In Italy, and th&t 
of ancient Piedmont, survHved so long without dissensions, 
they owed it to the equal justice which, except m matters con- 
cerning the king, prevailed there by means of the "advocate 
of the poor," and to the Senate, which had the right of abro- 
gating any ministerial decree that did not conform to the laws. 
This institutioD of a, popular mediator to protect the poor 
and weak should again be established. I have observed that 
the voice of a single honest tribune (Jaures, for example) often 
proves more powerful against the errors of the government 
than the entire chamber. Thus, in the recent banking scandals, 
without the Boulangist deputies in Paris and Colajanni in 
Italy, all parties would have united to hush the matter up. 

j i8o. AfaUit7 to Change the Laws 
If it is possible for a political form to endure, it is due to the 
flexibihty of its constitution and laws, which must adapt them- 
selves to new conditions. Switzerland is a striking proof o( 
this. In the period between 1870 and 1879 the Swiss made 
1 15 changes in the constitutions of the cantons and 3 in the 
federal constitution; and they were able to maintain Iheif 
union notwithstanding great diversity of race and custom. 

S i8i. Cooservatiam 
But no change must be made too abruptly. "Id order that 
the institutions of a people may be stable," says Constant, 
"they must keep themselves to the level of the people's ideas." 
The violent abolition of serfdom in Russia and of the ancient 
estates in France and Germany had become a necessi^ of 
justice; the same may be said of the secularization of the 
property of the church, when tlie accumulation of property a 
mortmain and the pretensions of the clergy to exemption from 
land-taxes had made all economic and political progreas im- 
possible. Yet these reforms were not brought about with- 
out immediate troubles, because there was a disregard of tlie 



§ 184] PREVENTION OF POLITICAL CRIME 329 

law of conservatism, which does not permit too rapid an intro- 
duction of innovations, even for good. 

{ z8a. Referendum 

The referendum, or appeal to the people, is able to show, 
where it exists, how far there exists a community of ideas be- 
tween the nation and their representatives. It may be con- 
sidered as the most powerful instrument for the education of 
a free people, because it forces them to study the laws sub- 
mitted to them, and, by making them feel their whole respon- 
sibility, gives them a consciousness of the part they have in 
the political life of the country.^ 

{ 283. Archaic Education 

II we are to protect ourselves from ''occasional'' revolution- 
ists, who, however misguided and atavistic they and their meas- 
ures may be, still do advocate reforms, we must strip our- 
selves of the unfortunate heritage received from our fathers, 
the rhetoric of Arcadia. Whoever will study the revolutions 
of 1789 and 184f8, and the character of many mattoids, will 
see that one of the great causes for insurrection is the archaic 
^stem of education, which is in complete contrast with our 
positive needs. We bring up our young people in a hot-house 
instead of in the strong current of life, and we want them to 
be robust! In this way we get aesthetes, — I am willing to 
admit that, though some deny it, — but we do not get men 
capable of taking part in the contest of modem life. 

S z84. Economic Discontent 

The sole remedy against our political criminals who are such 
from accident, from passion, from imitation, or from poverty, 
consists in remedying the economic uneasiness in the country, 
since this is the true basis for anarchy. We have to-day an 
economic fanaticism, as we formerly had a political fanaticism. 
It is imperatively necessary that we should open a vent for this 
economic fanaticism with economic reforms (see above), as we 

1 Bnmialti, "La Legge e la liberty nello State Modemo/' Turin, 1888. 



330 



CRIME; ITS CAUSES AND REMEDIES 



l§18i 



have opened one for political fanaticism with constitutional 
and representative government, and for religious fanaticism 
with freedom of worship. Now, we do nothing of all this: we 
jwnnit taxes, recruiting, and penalties to affect the poor mac 
most severely, and give him no compensation, except bright 
soap-bubbles under the names of national glory, liberty, and 
equality, which, by their contrast with reahty, make his suffer- 
ings all the harder to bear. 



CHAPTER Vm 

PENAL INSTITUTIONS 
(185. 

MEASURES for the prevention of crime are unhappily, 
with our race at least, a dream of the idealist. The 
I^al world that rules us» and for which the defense and the 
punishment of the criminal are sources of honors and rewards, 
has something to do besides preventing crime and devising a 
substitute for the almost always useless, and often positively 
harmful, penalties. It is just for this reason that we must 
consider these penalties carefully, particularly the institution 
of the prison, which, according to the common notion of our 
l^al lights, is the only social defense against crime. 

S z86. CeUttlar Prisons 

Once we have decided to inflict a prison penalty, the indi- 
vidual cell seems clearly indicated; for, if it does not reform the 
^^ty, it prevents his sinking further into crime and removes, 
at least in part, the possibility of the formation of associations 
of evil-doers by interfering with the formation of that kind of 
public opinion in the prison that compels the prisoner to add 
the vices of his companions to his own. The cell seems also to 
Teach the highest degree of perfection for the purpose of judi- 
cial investigation, isolating the criminal whose guilt is still to 
1>e proved; in the same way it is indispensable for the punish- 
ment of the delinquents still capable of correction, who have 
iallen for the first time and from whom criminal contact and 
association would soon take away all sense of shame. It 
offers, then, real advantages without the risk of grave danger 
to health, or at worst gives a somewhat greater opportunity 
ioT suicide.^ But the advantages of the cellular prisons are in 

* Lecour, "Du Suicide et de I'Ali^nation dans lea Prisons/' Parisj 1876. 
JLoooiding to this author, in America there was: 1 death to 49 prisoners 
In the common prisons; in those conducted on the Auburn system, 1 to 



332 CRIME: ITS CAUSES AND REMEDIES (§186 

great measure neutralized by the great expense which makes 
their apphcation on a large scale impossible; and even more 
objectionable is the fact that they favor inertia on the part of 
,;^e prisoner and transform him into an automaton, incapable 
of taking part in the struggle of life. 

"In the actual organization of the prbons," ssid Gauthi^, 
"everything is combined to blot out the individual, to annihil- 
ate his thought, and destroy his will. The uniformity of the 
system that pretends to fasluon all its 'subjects' upon the same 
model, the calculated severity of a monastic life where no room 
is left for the unforeseen, the prohibition of all intercourse with 
the outside world except through the banal monthly letter; 
everything, in short, even to the miserable, animal-like maidi 
in Indian file, is fitted to turn the prisoner into an imconsciom 
automaton.' 

"We want to make useful citizens out of these prisono^ 
and we force them to idleness. We accustom them to find 
food and lodging assured, without thought for the morrow, ai 
any other concern than that of obeying the order given. We 
force them to be like the dog at the spit, who bad only to raise 
his foot and turn the drum, like an unconscious machine, li 
not this the ideal of the witless and the cowardly? It is Nirvaiu, 
the paradise of the Hindu. 

"For many an honest man the struggle for existence is not 
only sharper, but much less safe. When the first repugnanct 
is overcome, many — doubtless the majority — come impe^ 
ceptibly to the point of preparing a prison future for theoc 
selves." 

Gauthier knew a prisoner, a former army officer, who bdd 
the post of paymaster in the prison of Clairvaux and wm 
serving his fourth or fifth term. Toward the end of ISSi, 
being, to his great displeasure, near the end of his sentence, be 
begged that his place should be saved for him until he was set 
tenced again. 

"And we may remark that, save for a few honorable oretp- 
IJons, for nearly all the directors of prisons the ideal of a 'gooi 

54. In France there is 1 to 14 in the cellular prisona. .\c«)niing to 
AJauzct, in 8 prisons on the Auburn eyHt-eni, in Ainerica, then a *■ 
average of 1 death to .50 with a minimum of 1 to 81. In RuImIc^iU* 
the cellular priBOD gives 1 death to 83; in France 1 to 39. ("Bamtl 
lea Peines " 1863.) 

' "Le Mode dea Priaona," Paris, 1888. 



§1 



PENAL INSTITUTIONS 



333 



prisoner' U the recidivist, the veteran, the habitual criminal, 
whose prison experience and the docility he has acquired are 
guarantees of his orderly conduct. 

"The unfortunate thing is that this ' good prisoner,' according 
to the formula, under thJn regime is not slow in becoming in- 
capable of resisting his companions, criminals by birth or by 
profession. He has so little power of resisting unhealthy stimuli, 
the desire for unlawful gain, and the attraction of evil examples, 
that he is worse than Uie 'bad' prisoner. 

"The only ambition that remains to him is for crime and 
wickedness, the result of the special education which he and 
other convicts have given each other. It is not without reason 
that in criminala' slang the prison is spoken of as 'the college,' " 

To these things must be added the tale-bearing, quarrel- 
someness, lying, and all the other special vices acquired or 
developed in prison. 

"In the presence of the solitude and miserable formalism of 
the prison," writes Prins, the Belgian prison director, "we must 
ask ourselves whether the man of the lower classes can be re- 
generated only through solitude and formalism. 

"Voluntary isolation may elevate the mind of the poet, 
but what effect can the soUtude imposed upon the criminal 
have, other than to lower his moral level more and more? Do 
we teach a child to walk by putting difficulties in his way, 
or by filling him with fear of a fall and making him hang on to 
others? Shall we teach a man to take his place in society by 
shutting him up in a solitary cell, in a situation as unlike the 
Booal life as possible, and by taking from him even the appear- 
ance of any moral exercise, by regulating from morning till 
night the smallest details of his daily movements and even 
thoughts? If it were a question of making good scholars, good 
workmen, or good soldiers, should we be willing to accept the 
method of prolonged ceOular confinement? If this method 
is condemned, then, by the experience of ordinary life, it will 
not become useful the moment the court pronounces sentence." 

Other proofs of the evil effects of the prison may be found 
by consulting my " Palimpsestes de la Prison." See, for ex- 
ample, these lines written by a prisoner: 

"I am 18 years old; misfortune has made me guilty several 
times, and each time I have been shut up in prison. But how 
have I been reformed in prison? what have I learned? I have 
perfected myself in wickedness there." 



1 



334 CRIME; ITS CAUSES AND REMEDIES [§186 

And this: 

"To try to correct an idler and a thief by subjecting them to 
idleness is surely absurd. 

" , , . Poor prisoners! They are regarded as so many 
animals; they are kept shut up like so many white bears, unda 

t>retense of reforming them. ... In penal institutions a man 
earns to hate society, but not to make an honest man out of a 
thief. They are the universities of thieves, where the old teacb 
the young their trade. To enter this hotel there is no need irf 
money even to tip the servants. As for myself, I thank God I 
am happier than St. Peter, Here in my cell I am ser\'ed by 
lackeys. What a Utopia! This is better than being in tM 
country." 

And another: 

"Friends, do not try to escape from prison. Here we eat, 
drink, sleep, without the need of working." 

I have even found a cryptogram in which a friend was urged 
to commit a crime in order to get into prison again. "For 
the two of us the time will pass more quickly, and when we aie 
in the galley we can teJl each other the story of our liii-es," Le 
Blanc, a notorious thief, said to Guisquet, the prelect of poIJt^r 
"If we are arrested, we finish by living at the expense of olheri. 
we are clothed, fed, and warmed, and all this at the cost oi 
those we have despoiled." 

What b still more serious, there are a great number who fin- 
prison life a real source of pleasure. We may say that in pi:i • 
of the complete isolation from the external world, that theo- 
retically belongs to cellular prisons, there exist manifold means 
of information and communication, all the more harmful 
(especially for judicial investigations) from the fact that tlu? 
are unforeseen and unknown. 

"The walls of a prison," writes Gauthier again, "onder At 
very eyes of the guards, offer a world of information and •« 
marvelous instruments of correspondence. Thus, when I 
found myself at ChoIon-on-the-Saone, in the most secret cdL 
I learned of arrests that had been made in Lyons, Paris, ani 
Vienne on mv account, news which was of great importance 
to me. . . . There is first the little cord, stretched by the 
weight of a ball made of breadcrumb, and so thrown from ou 




§ 186] PENAL INSTITUTIONS 335 

window to another, while one holds on to the bars of the win- 
dow. There are books in the library which circulate covered 
with cryptograms. Then the pipes for water and hot air make 
excellent speaking-tubes. Another dodge, which needs per- 
sons with some instruction, is that by knocking on the wall. 
It is not necessary that the persons communicating by this 
method should he in contiguous cells. I once got valuable newa 
in this way from a comrade 40 or 50 meters off." {Op. cii.) 

Nothing is secret in prison. A judge having asked a certain 
prisoner at the Assizes how he communicated with his accom- 
plices, the prisoner replied; "To keep us from communicating 
you woidd liave to keep one of us in France and send the other 
to hell." ' 

But the aristocracy of crime, the rich or influential criminals, 
have no need of these expedients. The guards have nothing 
to lose by favoring their communication with the outside worldt 
and the cellular system makes it easy to do this with impunity, 
for who can know what passes in a solitary cell? I have my- 
self had direct evidence that facts are known in prison 
before they are published in the outside world. The removal 
of a procurator-general was announced to me in prison several 
days before it took place, and when no one, not even the offi- 
cial himself, knew of it. By studying the wall-inscriptions and 
documents of the prisoners in the great cellular prison in Turin,* 
I have become convinced that, while it is supposed that associa- 
tion and, above all, comradeship, are prevented by the cell 
^stem, in reality the "esprit de corps" is strengthened, where 
before it hardly existed. I have found in the writings of the 
prisoners how one of them affectionately salutes his successors, 
another leaves a crayon for his comrades that they may be 
able to write, a third advises comrades equally unknown to 
feign insanity in order to escape sentence. I have seen how 
the walls of the exercise yard, continually re- whitewashed, 
formed a kind of daily newspaper, carried on abo, in summer, 
on the sand and the dirty windows, and in winter on the snow 
and in the books that the convicts are permitted to read. In 
studying the wall-inscriptions I have found that out of 1000, 

' "Gaietta dei Giuristi," 42. 

* "PalimpaeeteB de la Prison," 1889, pp. 2I-fiO. 





336 CRIME: ITS CAUSES AND REOIEDIES [|1» 

182 had reference to comrades, 900 were simple salutAtions, 45 
contained news of trials, and 87 were encouragements to com- 
mit further crimes. 

There b in the prisons a bureau connected with the admin- 
istration department, called the matriculation office, in whidi 
there are always some prisoners kept, since here all are examined 
and observed when they enter and when they leave. This office 
is a center for imparting news, from which it is disseminated 
throughout the celb by the prisoners. Will it be believed that 
even upon audience days there are to be found collected in tliis 
ante-chamber a dozen or more convicts? Thiis, at the very 
moment of judicial investigation, almost under the eyes of the 
judge, and for the very prisoner who is being examined, this 
system that has cost society so much is made futile. 

I have not spoken of workshops. In the cellular prisons the 
efforts to prevent communication allow very little work to be 
done. From this there results, beside the injuiy to the state 
and to the prisoner who is kept in idleness, a still graver danger 
for the future. The active prisoners become accustomed to 
idleness, it they do not die of it, wliile the lazy ones are just in 
their element; consequently, when they go out they commit new 
crimes in order to return. But if work is allowed, it is impossi- 
ble, even if those are excluded who have fellow-prisoners, to 
prevent new relationships from being formed with the foremen 
of the free workshops, the contractors, etc. The consequenoe 
of this is that the investigations which are kept secret from the 
public are no secret at all from the accused person himself. 

"The object of cellular isolation," writes Prins,' "is to re- 
generate the guilty by checking the evil influence of fellow 
prisoners, in order that only the beneficent influence of respect- 
able men may be operative. But see the real facts. Everywhere 
the guards, who are supposed to represent the good elements 
of society to the con^Hct, are men devoted to duty, but they 
are recruited from the very sphere of society to which the 
convicts themselves belong; sometimes they are *declass^' 
without employment, who for a ridiculously small salary, insnfi^ 
rient for the maintenance of a family, have to live very 
as tte prisoners do. Too few in numbers (scarcely 1 
' "Lea Crimineb en Prison,' 




) 187] PENAL INSTITUTIONS 337 

jr 30 prisoners), they naturally are able to do little more than 
»st a glance into the cell or at the work, and see that the rules 
ire observed. It is to these empty formalities and to the too 
jasty visit of an oiEcial or a chaplain that those charged with 
transforming or amending the guilty come to limit their efforts." 

We see from all this how necessarj- it b to change our ideas about 
|)risons. 

1 187. The Graded System 

Everyone will understand why penologists, having only this 
mournful expedient of a prison, have tried to improve it as 
much as possible. It is as a result of such efforts that the Irish 
system has won so much applause. This system is as follows: 
The criminal passes the first period in solitary confinement, not 
exceeding nine months, which may be reduced to eight; during 
this period he has only a vegetable diet, poor clothing, and a 
monotonous task of oakum -picking. In the second grade there 
Is collective work, rigidly watched, which is divided into four 
classes each more privileged and advantageous than the one 
below, into which the convict passes successively after ba^nng 
obtained by his work and good conduct a certain number of 
merit marks. In the first class the door of the cell remains 
open during the day; the work is not regularly paid for, but 
may perhaps be rewarded with a penny. After having received 
54 merit marks the prisoner passes successively into the other 
classes, where he receives greater and greater compensation and 
also mstmction, and finds himself more in contact w^th the 
public, and so on. This grade having been passed through, 
there commences for the convicts the grade of almost complete 
independence (intermediate prison) with work in the field. 
Hiey wear their own clothing, receive wages, may be allowed 
to absent themselves, and are in continual contact with the out- 
ride world. From the conclusion of this grade until the end of 
their sentence they have provisional liberty under the surveil- 
lance of the police, who, in case they go wrong, send them back 
to prison. Before they go out they are registered, photographed, 
and warned that the first shp will bring them hack to prison. 
When they first reach their destination they must report to the 





338 CHIME: ITS CAUSES AND HEMEDIES [g 187 

police, and monthly thereafter. The police look after them and 
help them get work. 

This is a magnificent means of getting these rude and laiy 
beings into the notion of being virtuous, or at least of working. 
The criminal can in this way cut down hia sentence (and tie 
state its expense) by a sixth or even a third, and as every mis- 
demeanor means being reduced to a lower grade, the most 
dreaded of penalties, all other punishments become imneco- 
sary in the intermediate grades. The results obtained in Ire- 
land by this reform were satisfactory, at least in appearance; 
since I85i, when the system was introduced, there has heen 1 
remarkable reduction in crimes. The following are the figures: 

Year Entered during year Total conricte 

1851 710 3933 

1857 428 8014 

ISeO SSI lOSl 

ISW ISl IflU 

1870 245 1IS8 

We may add that this reform unites economy (upon which 
depends the possibility of applying any system) with the d^ 
mands of criminal psychology, by permitting a gradual passa^ 
to complete liberty. It thus makes of the criminal's perpetuil 
dream of freedom a means of discipline and reformatiou. It 
offers besides a means of overcoming the prejudice of tl* 
public against the liberated convicts, and inspires the convicb 
themselves with confidence. 

In Denmark the convicts remain in thetr cells night and d»J, 
and work there for their own advantage. The incorrigible 
prisoners and the recidivists, after six years, five in common in 
a special prison, and have no other reward for their good «»• 
duct than the freedom of working in the fields near the prisM. 
Those who are young and can still be reformed, or those wba 
are convicted for the first time for a minor offense with a soh 
tence of from three to six months at the most, remain in a speciil 
cellular prison. They are divided according to their conduct 
into different grades. In the first (from three to six months) 
there is absolute seclusion, instruction in the cell, work withoat 
pay, and only writing on the slate allowed. In the second gnde 



^7] 



PENAL INSTITUTIONS 339 

(six months) they receive two shillings a day for their work, are 
taught in school but separated from others, can have paper on 
bolidays and books every fortnight, may pm^ase with half 
their pay a mirror and ao almanac, may write letters and receive 
visits every two months. In the third grade, which is twelve 
months at least, they receive three shillings a. day, have books 
or paper every week, are allowed to buy many useful things, 
and send money to their families, receive visits every six weeks, 
and may have the portraits of their famihes. In the fourth 
grade they get four shillings a day, and, besides other advantages 
which are more and more conceded to them, they can go out of 
their celts, work in the open air, and have flowers and birds. 
Their sentence may be reduced for good conduct, a sentence 
of eight months to six, of three years to one, and of six years to 
three and one-half. Thus they pass from absolute solitude to 
solitude at night only, from absolute silence to work in the 
field and an almost complete liberty. Hardly 10% remain in 
their cells more than two years.' 

Let us hail these institutions as a great step in advance, but 
let us not be under any illusion aljout them. There are other 
"things to i>e remembered. In Ireland the statistics are affected 
by emigration, for liberated convicts, not finding work, went to 
JVjneiica, where they peopled the penitentiaries." Moreover, 
«ven with tliia system there are many recidivists in Denmark, 
mad still more in England, where, as it appears, the paroled 
convicts easily change their residence, and notwithstanding the 
law go to places where they are unknown. There they do not 
»ct directly, but make use of the services of other criminals. 
According to Davis, chaplain of Newgate,' one sheriff had cases 
of prisoners released with ticket-of -leave, convicted a second 
time, again released on ticket-of-leave, and convicted a third 
time, all before the original sentence had expired. One of these, 
vlio was 36 years old, had been sentenced to a term of more 
than 40 years, and was free! 

This is why the number of paroled prisoners in England, 

il ' Ppara, "PriBona, etc "' 1872; BpUroni-ScaUa, op. eU. 

» "Rjv. di Disuii^a Carcemria," 1877. p. 39. 
* Cere, "Les Populations OBOgereuscs, ' 1372, p. 103. 



I 



340 CRIME; ITS CAUSES AND REMEDIES 

which rose to 2892 in 1854, fell to 922 in 1857, to 912 in 18i 
to 252 in 1859, and did not rise above 1400 in 1861-62-6S.*' 
In CJermany, also, the number of those conditionally liberated 
fell from 3141, the figure for 1871, to 733 in 1872. and 421 in 
1874, This lack of success is to be attributed to the imprudence 
with which released convicts are allowed to change their resi- 
dence and to the practice of turning over to them their entire 
savings; also to the fact that many employers, more selfish than 
the philanthropists, seek only their own immediate profit from 
the convicts and do not further concern themselves with their 
conduct; and finally to a lack of active and continual surveil- 
lance, where a large number of individuals are concerned. 

Together with gradations of punishments it is well to apply 
what I have called individualization of punishment, which con- 
sists in applying special methods of repression and occupation 
adapted to each individual, as a physician does in prescribing 
dietary rules and special remedies according to the tempera- 
ment of each patient. Here is the secret of the success attained 
in Saxony (Zwickau), where there are special prisons for the 
old and for the young, for hea^-j" penalties and for light ones, 
and where, according to the merits of each prisoner, his food, 
his clothes, and the severity of his penalty are changed. But 
these measures can be carried out only for criminaloids, and in 
small prisons, with very able directors. Otherwise the prize of 
liberty will fall to the worst criminals, who make the best pri§- 
oners, being the most hj-pocritical. For these reasons such 
reforms cannot be left to be administered by a short-sighted 
bureaucracy. 

Besides these institutions it is necessary to seek to develop 
right feeling in the convicts. We must remember that \Hrtue 
is not to be created artificiaUy; and that the best results are io 
be obtained by basing it upon the interests and passions of men. 
A man may lose his life, but he cannot be stripped of his pas- 
sions, and all men, even the most depraved, need an interest and 
an aim to guide them in life. They may be insensible to threaU. 
to fear, and even to physical suffering, but they never are in- 
sensible to vanity, to the need of distinguishing themselve-s 
' Cere, op. at., p. 100. 




187] PENAL INSTITUTIONS 341 

nd above all to the hope of liberty. This is why sermoDS and 
»sons of abstract morality are useless. We have to use the 
onvicts' vaiuty as a lever, to interest them in the good by grant- 
ig them material advantages, such as the gradual diminution 
f their penalty. Good results may be obtained by instituting 

kind of decoration, and merit and demerit marks. The pris- 
ners must be permitted to pass according to merit into the 
rivileged classes, where they can, for example, wear ordinary 
lothing and a beard, ornament their cells with flowers and 
ictures, receive visits, work for themselves and their family, 
nd, finally, catch a glimpse of the much-desired perspective of - 
emporarj' liberty. 

To gain liberty is the dream and constant thought of prisoners, 
nd when they see a way open before them, more safe and'cer- 
iin than that of a surreptitious escape, they i\'ill take it at 
nee. They will do right, it is true, only to obtain their liberty, 
ot for its own sake, but as movements repeated become a sec- 
nd nature, so we may hope that they will form the habit of 
ight conduct. This b why the right of pardon should be abol- 
ihed, since it makes prisoners hope for liberty by the favor ot 
smeone else. 

"It b necessary," says Despine rightly, "to elevate the 
riminal in his own eyes, by making lum understand that he 
an reconquer the respect of the world; we must fill his soul 
rith the need of becoming honest by utilizing the same pa.ssion3 
rhich would make him still more depraved if left to himself." 

Despine, Clam, De Metz, Montesinos, and Brockway have 
ounted so much upon the influence of honor among the crim- 
lals that they have left them almost free upon their parole 
iuring their work; and fierce men, whom twenty guards could 
careely restrain, never even thought of escaping. Ferrus tells 
f a thief who was converted by a Sister in prison, who, with 
his end in view, trusted him with the care of the wardrobe. 
k convicted carpenter was unbearable because of hia extreme 
iolence; the oversight of other convicts was given to him, and 
lC became the most docile of all. A prisoner of Citeaux, wearied 
y his labor, threw his mattock at the feet of the director, 
dbert Reey; the latter, without saying a word, took up the 



Lna I 

ied J 

I 

the I 



342 



CRIME: ITS CAUSES AND REMEDIES 



tool and went to work in the other's place. The unfortunate 
man, struck by this noble lesson of practical morality, took up 
his work, and did not offend again. These examples show us 
clearly how we must set about to reform these men. We must 
act upon them by example more than by word, by morality 
in action more than by theoretical teaching. Strict discipline 
is incontestably necessary with them, the more so since light 
punishments, having but a slight effect, have to be repeated 
more often and for this reason are less efficacious than severe 
punishments tliat are rare; but too great severity is certainly 
more harmful than useful. Severity bends but does not reform 
them, and it makes them hypocrites. 

Adult criminals ought to be considered as children,' as moral 
invalids, who must be cared for at once with mildness and with 
severity, but more of the first than of the second, because \he 
spirit of vengeance, the excitability which is the basis of their 
character, makes them consider even the hghtest punishment is 
a persecution. It is for this reason that too strict a silence it 
detrimental to morals. An old prisoner said to Despine; " When 
you shut your eyes to our breaches of discipline we talked 
more, but we did not offend against morality; now we speak 
less, but we blaspheme and conspire." In Denmark, when the 
greatest severity prevailed in the prisons there were 30% of 
misdemeanors; now, with a milder regime, there are only 6%. 
Despine used an excellent method, by not inflicting punishmeal 
until some time after the offense, in order not to appear to yield 
to a fit of passion. The guilty prisoner was led to a. meditation 
cell; the director went in only after an hour to tell him the pen- 
alty which the rule required; often the whole group to whidi 
the guilty person belongs was blamed and punished. This i* 
a method used by 01>erraayer with great success. 

Work ought to be the first care and the highest aim of every 
penal institution, in order to awaken the energy of the 
oner and give him the habit of productive labor, necessary 
his liberation. It is, further, an instrument of penitent 
discipline, and also a means of indemnifying the state for 




§ IS"! PENAL INSTITUTIONS 343 

expense incurred; ' but this last consideration is only secondary 
and should not be made the principal end, for many lucrative 
occupations cannot be used to advantage. We ought, for reasons 
above mentioned, to avoid the trades of locksmith, photog- 
rapher, penman, etc., which prepare the way for other crimes. 
We should prefer, on the contrary, farm work, which shows the 
minimum of criminality in our statistics and gives an easy 
means of placing the discharged convicts; we may also use 
straw and wicker work, rope-making, typography, potteiy-mak- 
ing, stone-cutting, etc. ; and we should admit only as a last resort 
occupations like book-binding and cabinet-making, which re- 
quire the use of tools that might become dangerous. 

In every way the work ought to be proportioned to the forces 
and instincts of the convict, who, if he has accomplished as 
much as he is capable of, although that may be little, ought to 
receive a propmrtionate reward, if not in money, at least in the 
shortening of his sentence. For this reason I believe that it is 
necessary to ehminate the contractor from the prison system, 
since he seeks naturally to favor the most skilful and. neverthe- 
less, in certain countries, even has control of the pardoning of 
the prisoners. 

We must try to give criminals a love for work by making it 
a reward for good conduct and a relief from the boredom of 
prison. It is not best, then, to impose it upon them; they must 
be brought, by means of a cellular detention more or less pro- 
longed, to want it and ask for it (Crofton). If we want to make 
the work profitable and to establish the spirit of comradeship 

' Only the priBona of ChorlnBtowr, Chatham, PortBmouth, and Ali- 
pore. ae Car aa 1 know, give returns nearly equal to their expenses. In 
1871-72 Chatham and Portamouth even showed a profit of £17,769. 
According to Garplli the Italian prisone coer^Uie state 32,000,000 tiro, 
and brought in only 1>^ ("Lezioni auUa Rifonna delle Carceri,".lSfl2). 
According to Nicotera ("Relazione buI Lavoro dei Detenuti," 1876), there 
were in 1874-75 38,407 prisoners working, and 32,178 unoccupied. Of 
the workers one-fourth were weavers, one-aurth shoemakerB, one-twentieth 
Joiners, one-tenth agricultural laborers, and one-one hundredth employed 
m saJt-worka. The net profit for the administration in 1871 was 1,632^530 
lire, end the prisoners received wages at the rate of 0,47 lire a day. This 
comparee favorably with the wages paid in Belgium (0.26), Hungary (0,22), 
and Austria (0.41), In Austria a convict can be obliged to pay a certain 
sum for his detention. In Berne he must earn at least 75 centunes a day 
to get the benefit of bis labor. In France be receives one-third of whi^ 
be earns. 



Vi 



344 CRIME: ITS CAUSES AND REMEDIES !§ 189 

and emulation, which is one of the principal foundations of the 
reform of the prisoner, it is well, after the first period has been 
gone through, to mitigate the severity of the cellular system by 
allowing the prisoners to work together in small groups, accord- 
ing to the necessities of their occupation. 

The work must not, however, be made a pretext for too many 
privileges, granted either generally or individually. Mareska 
attributes much recidivism to the privileges given to certab 
clerks in prison. He heard one day one of these say to a new- 
comer: "You fool, with a little scribbling you are better off in 
here than outside," ' — words which recall those of the Sicilian 
prisoner to the judge (Part I. Ch. XVII), and explain tie 
fact, known by many prison directors, that the worst rogues 
are the most docile in the prisons, and in appearance the most 
repentant. 

5 iS8. Wages aod Savings 

A further means of moral reform has been suggested by De 
Metz and Oh\ecrona to prevent the recidivism of freed convict^. 
They advise that the money earned in prison, which is generally 
turned over to the prisoners when discharged and often beco[ne> 
their capital for criminal enterprises, should be deposited as » 
guarantee of their good behavior and as a forced means of sar- 
ing. It could be lodged with the government of the munici- 
pality to which they go or with the employer, and the 
interest alone paid to them. In Belgium and Holland seven- 
tenths of the wages of those condemned to compulsory Idwr a 
retained, six-tenths in the case of those sentenced to solitaiT 
confinement, and five-tenths in the case of those in the simiJe 
prisons: the rest is divided into two parts, of which one m«y 
be used in prison and the other on going out. In England Uk 
money is handed over to the released prisoner with his ticket, 
if it does not exceed £S. When it exceeds this amount it is 
paid in instalments upon certificate of good conduct. 

S 189. Homes, etc, for Released CooTicts 

Many ad\'ise also homes for the reception and employment 

of released prisoners, but, aside from the fact that th^ cannot 

> "Du Tiogtia de la R£farme," 1838. UI. 



1 



§ 189] PENAL INSTITUTIONS 345 

be applied upon a scale corresponding with the need, experi- 
ence has shown to those who study these institutions in the 
world and not in books that they have no value in the case of 
adults, but, on the contrary, very often increase the tendency 
to idleness, and are rendezvous for criminal associations. 

"Out of a hundred liberated convicts, twenty to forty years 
of age, received in the 'patronage' at Milan," writes Spagliardi, 
"only the youngest, and few even of those, responded at all 
to the immense efforts made for their restoration. 

"The tendency to idleness and to libertinage, increased by 
the privations they had undergone, and the fact that they 
could come and go at pleasure decided them, after two or three 
months, to leave the asylum, the more so as they did not see 
IB the director the man who was sacrificing himself for their 
good. He was to them only an enemy, and almost a tyrant. 
Hence there was a silent war against him carried on by insidts, 
insubordination, violence, and threats." 

This is why the statistics of these institutions are so limited 
and so deceptive. In France out of 16,000 convicts released 
from prison 363 were assisted. In England 48 societies extended 
aid to 12,000. In genera! it is considered unwise to establish 
institutions for more than temporary help or to give help in 
money. Instead, food and lodging should be given for future 
work, and the society should dismiss those who are lazy and also 
keep informed of the conduct of the persons whom they recom- 
mend to positions. For this purpose a special agent is necessary.' 
Maxirae du Camp ' also recognizes the uselesaness of assistance 
rendered to born or habitual criiniuab, while it may be veiy 
useful with accidental criminals. 

"Among the criminals," he rightly says, "there are those 
who become drunk on a glass of water; cashiers who make 
errors in figures; clerks who become confused about prices and 
end by committing irregularities, which appear dishonest and 
bring them before the courts, where they become still more 
confused and are convicted. These, once liberated, will not 
fall again into guilt, if they find an employment suited to their 
limited intelligence." 

' Lemarque, "La Rehabilitation, etc.," Paris, 1877; Brown, "Sugges- 
tiooB on the tteformatioD of Discharged PriHonere," 1870. 
> "Revue des Deui Mondes," 1889. 




A 



346 CRIME: ITS CAUSES AND REMEDIES [§ 190 

For these, I admit, assistance is necessary. Further, there 
are occasional criminals, who, having been tempted hy some 
opportunity for pleasure, have stumbled the first time and 
robbed their employer. Such persona, if they are not assisted 
when they come out of prison, will look upon society only as an 
enemy, and one who was filled with remorse at having stola 
twenty francs comes not to be dismayed at burglaiy and 
murder. 

{ 190. Deportstion 

There is in Europe a party which see In deportation the 
only remedy against crime. ^ It has been asserted that s great 
part of the flouri.shing American colonies, and ancient Rome 
itself, owed their origin to a kind of penal immigration. Tbk 
is an historical error. For Rome it is enough to recall the 
inunortal pages of Virgil; and as for America, we must re- 
member that if the third expedition of Columbus was made tip 
of malefactors, among whom, however, were reckoned many 
heretics and adventurers, in the first and second only men et 
honor took part. Under James II deportation was forbidden; 
and on the other hand, many of the colonies of North Americt 
owed their origin to very respectable men, hke the Quakers of 
Penn and Fox. From the influence of transported con\'ictf 
in AustraUa Victoria, South Australia, and New Zealand must 
be altogether excluded; and if New South Wales and Tas- 
mania owe their origin to transportation, it is a great error to 
suppose that they owe their prosperity to it. This is so true 
that the great philanthropists, Howard and Bentham, pro- 
tested against transportation almost immediately, and shortly 
afterward the colonists themselves did the same; so that in 
1828 its abolition was voted by Parliament. The prosperi^ 
of Australia is due to its fertile meadows and the trade in wo(J. 
which has brought in crowds of free men. The wealth of MeJ- 
bourne and Sydney began just when the transportation oS 
convicts ceased. 

In New South Wales the population increased only at the 



§ 190] PENAL INSTITUTIONS 347 

rate of 2000 persons a year from 1810 to 1830, when transpor- 
tation was at its height; while from 1839 to 1848 the exporta- 
tion of wool increased from 7 to 43 miUion pounds, and the 
population from 114,000 to 220,000, although transportation 
had ceased in 1840. While it lasted, brigandage raged on a 
Large scale. The convicts did not work, and those who were 
employed in the construction of roads had to be watched by 
guards and soldiers, who treated them worse than beasts, chased 
them with dogs, chained and fiogged them. Those who had been 
set free sold the land the government had given them for the 
purpose of starting them at honest work, and joined their old 
accomplices in new crimes. We need not be astonished that 
the mortality of this part of the population reached 40%, while 
that of the free population was hardly 5%; and if the criminality 
in England was 1 to 850 inhabitants, in New South Wales it 
was 1 to 104, and in Van Dieman's Land 1 to 48. Finally, while 
the crimes of \-iolence in England were to other crimes as 1 to 
8, in New South Wales they reached 50%. In 1805-06 with 
an average deportation of 360 prisoners a year, there were 
2649 convictions in England; and in 1853-56, with an average 
of 4108 deportations, there were 15,048 convictions. These 
facts show what sort of advantages are to be looked for from 
deportation, without counting the enormous expense and the 
crimes which criminals sometimes commit in order to be de- 
ported. In 1852, in fact, there were 3000 criminals in France 
who asked to be deported, and, what is worse, some of them 
committed new crimes to attain their end.' While in England 
the expense of supporting a delinquent is £10, this expense 
rises in the colonies to £26, £35, and £40. 

In Guiana there is supposed to be a profit of £1511 with 
deportation; but dividing this by the number of days of work 
it is reduced to 54 centimes a head in 1865. and to 48 centimes 
in 1866; and there are 5% of escapes and 40% of deaths re- 
corded. Each criminal costs 1100 francs a year, three times 
as much as a convict in prison; and the transportation cost 
reaches 400 francs,' By the French law of May 30, 1874, the 

' StevenH; "Reg. dea EtabliBa.," 1S77. 

 Bonneville de Marsangy "D'Am£liovation des Lob Criminellos," 
II,B5. 



348 



CRIME: ITS CAUSES AND REMEDIES [§!90 ' 



deported convicts were to be employed at the hardest labor ' 
the colony, while efforts were to be made to reform them. TIj< 
were given the means of living honestly, something an hou&t 
man does not always get. A savings bank subsidized by the 
government was started tor them; lands of the best qualitf, 
often cleared, were given them, which became their own after 
five years. While working the land they have a right to food, 
clothing, agricultural implements,^ and hospital care; in the 
case of married persons, the wife has the same rights, besides 
150 francs at the time of marriage, and complete fumishinj. 
It is not only the environment that is changed, for everything 
that would occasion a relapse into crime is carefully removed. 
But we know that while a change of surroimdings may refonn 
an occasional criminal, it has no effect upon real bom criminals, 
who make up the greater part of the deported convicts. In 
fact, according to official reports, — and the officials have an 
interest in concealing the truth — we see crime breaking out 
again in plain daylight, so that honest men, and the very official) 
themselves who send to the government their garbled report* 
are often the victims of these pretended sheep returned to the 
fold. Thomas, an impartial foreigner, thus describes tbt 
situation from his own experience: * 

". . . It is impossible to imagine the degree of infamy to 
which they have come. In 1884 one of the criminals tried to 
cut his wife's throat after having been married to her for 48 
hours; surprised at the time, he afterward fled to the natives, 
who shot him. But the savages themselves are often the vic- 
tims of these miserable men. Impunity and indulgence haw 
given rise to real anarchy, to a veritable hell upon earth." 

According to Mancelon,' criminals who had been condemned 
to death at least three times were finally set at liberty. A 
deported convict thus described to Laurent one of the marriagv 
which the governor, M. Pardon, in his official capacity (189I}> 
has mentioned with so much admiration:* 



MMP 



§ 190] PENAL INSTITUTIONS 349 

"I was present on the Isle of Noa at a curious ceremony, the 
marriage of two of my fellow prisoners. The bridegroom waa 
a man sentenced to five years at hard labor for a murder. To 
choose his wife he had gone to the convent of Bouraii and 
selected an old prostitute, sentenced to eight years at hard labor, 
for gixnug aid in robbing and murdering a man in his own house. 
The marriage took place. After the mass the priest spoke to 
the newly married couple of pardon, redemption, and the 
forgetting of injuries, but the wife kejjt repeating in her argot, 
'Ah, how he wearies me!' 

"After mass a very 'wet' banquet took place. The witness 
drank so much that while he slept he was robbed of his pocket- 
book. The husband also became so intoxicated that the next 
morning he awoke without his pocket-book, with a black eye, 
and without news of his wife, who was absent until the next 
morning with another convict. He took it in good part, however, 
and even found it natural. 

"Although married, this woman became the concubine of 
freed con\-icts, and of the prisoners themselves. One day she 
lured an .\rab, whom she knew to be rich, into a secluded spot, 
where her husband robbed him and then killed him with a 
hatchet; but the wife, horrified, denounced the murderer, and 
he was condemned to death. Thus ended this happy match." 

In the monograph, "Travails Forces Fin de Siecle," ' we are 
told of a certain Devillepoix, condemned to hard labor for life 
for two rapes upon minors followed by two homicides, who 
married as his second wife an infanticide. Some time after- 
ward he set fire to the houses of his neighbors without reason, 
and also burned a plantation. He prostituted his wife to the 
first comer in order to live more comfortably. He was con- 
demned to death. 

"In 1881 the minister of marine compl^ned that of 7000 
persons, without counting freed convicts, only 360 could be 
employed upon the construction of the roads. All the others 
■were wandering about at random, entirely unrestrained, nomin- 
ally taking up land or working for private individuals. Thus 
there was no more discipline or prison. In 1880 there were only 
640 to 700 escapes; in 1889 these had reached the constant 
figure of 800. 

"The notorious bandit, Brodeau, who had escaped several 
umes, killed an old woman and devoured a portion of her fiesh. 



"Nouvelle Itevue," 1890. 





350 CRIME: ITS CAUSES AND REMEDIES [g 190 | 

Under the knife of the guillotine he mocked at the law, and with 
s loud voice himself gave the signal for the knife to fall. 

"Besides, who could restrain those depraved individuak 
when they perceived that the prison, that scarecrow of the 
criminal codes, was nothing but a jest? 

"The council of war loses its time with sentencing and re- 
sentencing convicts already condemned to life iinprisomnent 
Additional sentences have been given of 10, 20, 100, and SOO 
years in prison. 

" In Noumea there are individuals who have been condemned 
to death three times and afterwards pardoned and left at hberlv 
for the rest of their lives. 

"In 1891 the maritime tribunal of Noumea condemned hJ 
death a convict named Jamicol, who, in consequence of sentences 
incurred in the colony, would not have been treed before the yew 
2036, that is, in 145 years! 

"A woman named Mace, sent to New Caledonia after hai-ing 
killed her two children, married, got a land grant, and killed 
another child. An old potter of Bourail, who had been ten- 
tenced for the rape of an older daughter, was rejoined by lii> 
wife, his victim, and by another younger daughter. He Amy 
the older to the lowest prostitution, prepared the younger for 
the same mode of life, and went on with his Sourishing potter; 
trade." * 

The effects of such colonial organization are evident. A 
quarter of a century has already elapsed since the arri\al of 
the first convoy of convicts in New Caledonia. Yet there are 
still no roads there; Noumea has neither sewers, embankment^, 
nor docks; in a short time all the land n'ill be in the hand^ '>f 
incendiaries and murderers. We can see from this how mucb 
confidence ought to l>e placed in reports of inspectors i^t 
maintain that "the holders of the laud-grants are true farn;' r 
some of whom might with perfect safety be pardoned and ^' 
at liberty." 

I have reported the facts scrupulously in order that thej" 
may serve to counterbalance the assertion that is constant^ 
being made: "Change the environment, and the crimiMl 
disappears." Now, here everything is changed, race, cliraalt 
conditions — all the causes of crime are removed — and i« 
spite of everything the bom criminal continues his series rf 
crimes, while the honest man pays the expenses! What belts 
' Laurent, op. cit. 



1^ 



§ 191] PENAL INSTITUTIONS 351 

proof could we have of the supremacy of organic action over 
en\-ironment ! 

These facts show further a long series of deceptions on the 
part of bureaucrats, who represent the most deplorable measures 
as excellent. In fact, M. Pardon, the governor of New Cale- 
donia, in his report for 1891, praised the system in use there, 
and stated that he had employed 1200 convicts upon the roads 
and placed 630 at agricultural labor with the farmers, declaring 
that they were watched by the guards without any danger. The 
holders of land-grants bad increased to liiS; the penalties were 
respected, and did not even arouse feelings of revolt; while 
industry prospered.' The truth, be should have added, is that, 
aside from the enormous expenses for the support of the crimi- 
nals (not less than 900 francs a head), he fails to take into 
account the great proportion of the criminals who commit 
their crimes only to get themselves sent to this Eden. 

In order to understand the economic harm done by penal 
oolonies, it is necessary to note that the delinquents who are 
not peasants are more than half of the criminals deported. 
Now it is not at 25 or 30 years of age that one leams a new 
trade; moreover, the sluggishness, the repugnance to work, 
which is one of the characteristics of the bom criminal, is some- 
thing which we can hardly hope to see bettered in a hotter 
climate, itself an incentive to crime, nor in the neighborhood 
of savage populations, whose tendencies are so nearly allied to 
those of the bom criminal. It is, then, natural that recidivism 
should increase instead of diminish; for we know that this is 
the rule and not the exception with the born criminal. 

It is advantageous to sentence to deportation, therefore, 
only occasional criminals and criminals by passion.* 

S 191. Surveillance 

All those of us who know anytliing of delinquents and of the 

police, know that surveillance occupies a large part of the 

time of the officers of public safety,' and this, with an expense 

1 "Bulletin des Prisons. " 

• See Chapters XU and XIII. 

- "^ ""^ "Delle Persone Pregiudicate," in 




352 CBIME: US CAUSES AND BEMEDIES QlSl 

of mote than four milEcms, without may real advantage; for 
the crimes are in great part committed by tlie persons who ait 
being watched. Bat the gurveillance itself is a cause of net 
crimes, and it certainly is a canse of the distress of ddinquents; 
for by denoondng them to ieq>ectaUe people throu^ thdr 
perscmal visits, the police prevent their getting or keepo^ 
enapioymeoL Crime, as Ortolan has tndy said,^ leads to SQ^ 
veiDance; and this prevents those who are waidied from fiad- 
ing w<N^ a drde that is even more fatal wben th^ are nt 
to a residence far from their native countiy. 

''The penalty of survfiHance,** says Fre|per» ''has aoooa- 
plished nothing since its introdnction, it offers no guarantee; 
and it hcids out the promise of a security that does not ensL"' 

Add to this the enormous number of arrests, the loss to &e 
government on account of the expense <rf imprisoimieDt, tk 
arbitrary arrests for forgetting to salute an oflieer, for addre» 
ing a suspect, or for being out a few minutes after hours, wUck 
reduce these unfortunates to the podtion of slaves in the haidi 
of the police (Curdo.) "Enemies,'* says BCachiavdli, ''msit 
be conciliated or exterminated." By surveillance we do 
neither the one nor the other, we only irritate them; and its 
to this, or little more than this, that all our institutions fcr 
the repression of crime amount in the end. 

» "fil^mento de Droit Penal," chap. 7, tit. v. 
* ''Les Clafises Dangereuaes," 1868. 



CHAPTER IX 

>ITIES AND CONTRADICTIONS IN CBIMINAL PBOCEDUBE 

methods and expedients in criminal procedure are no 
bter than we have seen our penal institutions to be. 
s in criminal cases are nothing more than a game of 
where nothing is certain but the publicity which leads 
rimes. 

§ 293. The Juiy 

ick of uniformity in the verdicts brought in by juries 
;nt years and in different countries shows the inefBcienpy 
istitution. Thus, Cagliari reckons that there are 50% 
ittals, while upper Italy shows but 23%.^ Venice 

difference of 9% to 15% as we pass from the small 
> the large ones. "The cultivated classes/' says Tai- 
3 never represented on the jury," and in fact numerous 
ove to us only too clearly the complete ignorance of 
Thus in a vote with regard to a homicide a ballot 
id on which was written "Yes or no." It was counted 

of the prisoner. When the juror was asked why he 
tten so strange a vote, he answered, "Because the 
id printed on it, 'The juror must answer: yes or no.' " 
is no guarantee of the incorruptibility of the juryman, 
ving no account to render and nothing to lose by an ac- 
3ften levies tribute upon justice, as is proved by numer- 
littals secured by bribery even after the criminal has 
1. More than this, the jury of itself is a cause of 
corruption. Borghetti' notes that many respectable 
i are corrupted by serving on the juiy, and he adds: 
e arena where the Mafia achieves its triumphs." More- 

li, "Del Modo oon cui e Amministraia la Giiistizia/' Venioe, 
az. della Qiunta per 1' Inchieeta sulle Condiziom della Sidlia." 



W 1 



354 CRIMK: ITS CAUSES AND REMEDIES [§193 

over the injustice towards the poor that springs from that 
corruption is a great cause of immorality, for the poor accused 
person, seeing that justice is quite other than equal for all, 
believes himself almost justified in indemnifying himself at the 
expense of a society which has condemned him, and r^ards 
his sentence as unjust, even when it is not. 

In answer to those who maintain that juries are a guarantee 
of free government, we may recall that the history of England 
shows us how often juries change their opinion according to the 
will of the government. But besides, what has this argument 
to do with cases that are not political? Furthermore, in those 
cases where the government remains quite indifferent, public 
opinion, to which the most respectable juries are involuntarily 
subservient, is often easily misled by criminals and their de- 
fenders. And where will you find a greater tyranny than that 
of ignorance? "The jury," writes Pironti, "often acquits the 
man, who steals the public money, for the purpose of protest- 
ing against the government, or perhaps acquits a criminal 
because he was a brave soldier." I will add that this excessive 
mildness in dealing with criminals leads them to new crimes; 
and we may understand why in a brawl a comrade of the 
aggressor said to him, "Kill him, and you will have a juiy 
trial. If you merely wound him, you will go to the police 
magistrate." ' Where a matter must above all be decided on 
its merits without any reference to feeling, is it not the direct 
opposite of justice to leave it to be decided by popular instinct, 
by the feeling that happens to predominate in the crowd at the 
moment? And what can be done about the errors of the juryi 
springing often from causes that it is impossible to foresee, as 
in the Galletti case in Brescia, where a blot of ink upon the 
"Yes" of a juryman caused the acquittal of a man who ou^ 
to have been condemned to death? 

It is vain to urge in support of the jury the necessity of 
modernizing the processes of justice, as well as other institu- 
tions. The juiy existed already, though in rudimentary fonn. 
at the time of the Twelve Tables and the Germanic "Gerichle.* 
It is just as modem as cremation, — that pretended innov*- 
I "Eoo Giudizi&rio," 1878. 




§ 193] ABSURDITIES IN CRIMINAL FROCEDUBE 355 

tion of the modem paeudo-hygieniats, which was already ancient 
in the time of Homer — and quite as commendable in practice. 

Have we not done everything to bind upon magistrates the 
duty of justifying and giving the reasons of their decisions and 
of not giving tliem in the form of oracles — this notwithstanding 
the guarantees offered by their past, by their special studies, 
by their experience, and by the fact that appeal may be taken 
from their decktons? And then we think we have discovered 
a new source of liberty and justice in permitting men without 
expierience, without responsibility, to sentence by a simple yea 
or no, like children and despots, without giving any reason tor 
their acts; and in Italy we aggravate the evil by decreeing 
that this irresponsible sentence shall be irrevocable when it is 
in favor of the criminal, and only subject to appeal when it is 
against him! Every magistrate must justify the condemna- 
Uoc or acquittal which he pronounces for libel, theft, or assault. 
But when it is a question of robbery or murder, the popular 
magistracy gives its decision without any other guarantee or 
reasou than yes or no.^ Worse than that, the juror may slili 
more easily let the criminal go unpunished by casting a blank 
ballot, which, even if the law does interpret it as a definite 
expression, in the conscience of an ignorant juryman, who is 
inclined to make mental reservations, is always a compromise 
between truth and injustice. 

If even tliose precautions prescribed by law to prevent the 
inconveniences of the jury system were only observed! One 
of the most important assuredly is that the jury shall communi- 
cate with no one until they have pronounced their verdict. 
They take an oath to observe this obligation, but in reality, as 
all the world knows, they do not keep it, and communicate, 
even publicly, with the counsel for the defense. Why, on the 
other band, should the right of exclusion without cause be 
pven to the defendant, who challenges the better jurors — 
just those who by their honorable character and their intelli- 
gence would be most capable of resisting seduction and rhetoric? 
How can we believe that an ignorant man could follow a trial 
like that at Ancona, in which 147 witnesses were interrogated 
' "Eco Giudiriario," 1875. 



356 CRIME: ITS CAUSES AND REMEDIES [§ 193 

and 5000 questions laid before the jury? Furthermore, how 
shall those who have nothing to lose by acquitting resist threats 
of death, when even responsible judges allow themselves to be 
intimidated? And, finally, if tried judges, if an assembly of 
experts, can in certain crimes hardly disentangle the truth, 
which can only be understood through a knowledge of ton- 
cology, surgery, and psychiatry, how can it be done by indi- 
viduals who are not only not specialists but quite ignorant of 
any science whatever? And this at a time when division of 
labor is required in things much less important than justice! 
Are we not abandoning to chance something that ought to be 
conducted according to the strictest rules? 

Objection is made, it is true, that the average number of 
acquittals in jury trials is no larger than in those cases decided 
by the judge. But this objection is far from being exact, for 
the average in some regions is twice as great. Even if it were 
true, there is a great difference between the two cases. Before 
a case is brought to trial before a jury it has already been sub- 
mitted to a long series of tests and judgments such as those 
of the prtetor, the examining judge, the royal procurator, the 
section of accusation, the president of the court, the procurator 
general, experts, etc. After all these it is difficult for any proof 
of the innocence of the accused person to arise. Further, it is 
not so much in regard to number as to quality that the acquit- 
tals are at fault. They show a deplorable generosity toward 
murderers, homicides, and those guilty of insurrection; and also, 
by an unfortunate perversion, toward forgers and persons who 
steal public money, a fact which is certainly one of the causes 
of the constant increase of crimes of this kind. 

The objection that in England and America the jury system 
works well has no weight. In the Anglo-Saxon race the feeling 
for justice and duty does not fail as often as it does with us. 
Further, they do not try by jury those who have con- 
fessed their guilt, while with us these cases, which amomit 
to half the total number, give rise to the greatest scandak I 
Then there is a smaller number of criminals tried by jun' 
in England, 1 to 132,770 inhabitants, while in Italy there i' 
1 for each 8931, — an enormous difference not sufficieDtI.v 



§ 194] ABSURDITIES IN CRIMINAL PROCEDURE 357 

accounted for by our greater crimmality. In England, moreover, 
in many cases such as insurrections, bankruptcies, etc., there are 
special juries, and the habeas corpus does not forbid (as some 
imagine) preventive arrests by the police, but gives the accused 
the right to secure within 24 hours the inter\'ention of the magis- 
tracy (the High Court of London, or the County Court) to 
decide whether hia detention should be continued or revoked. 
In all difficult cases the Coroner calls about him a veritable 
jury of speciahsts, physicians, or chemists. The jurors, more- 
over, take oath to conform to the instructions of the judge with 
regard to the law. and keep the oath scrupulously, thanks to 
their respect for the law. Public opinion in England, moreover, 
would revolt against a perjured verdict in which the instructions 
of the judge on points of law were disregarded. Besides this if 
the verdict appears unjust, the judge can suspend the execution 
of it, at least until it has been sanctioned by his colleagues.' 
We may add that the jury cannot leave the Court House until 
the verdict has been rendered, a measure that prevents many 
bad influences. 

But even in England the jury system is not without its ob- 
jectors. As early as the time of Elizabeth they used against the 
jury the words hurled by Cicero against corrupt magistrates: 
"Quos fames magis quara fama commoverit." ' And in 1824 
the " Westminster Review " attacked the jury system violently, 
and went so far as to call it the phantom of justice. 

! 194- Appeal 

"Injustice makes judgment bitter," wrote Bacon, "delay 
s it sour." As much may be said in our day, when, thanks 
l> appeals, the penalty is no longer either prompt, certain, or 
And whereas the judgment of the trial court is pre- 
Bded by a regidar and complete argument, that of the appellate 
; is based merely upon a written statement of the case 
ten very irregularly and incompletely drawn up. This fatal 
ifice is crowned by the most ample right to reverse the de- 
inons of the lower court, not based, as would be just (and as is 
' Glaaer, "Schwuriterichtliehe Er6rt«rungen," Vienna, 1876. 
^fba are more influenced by hunger than by gwd repute. 



358 CRIME: ITS CAUSES AND REMEDIES [§195 

the practice id America, Englaad, and even France) upon sub- 
stantial errors and errors of fact; but almost always upon matters 
of form, on account of which a very costly judgment may be 
reversed for a simple mistake in grammar made by an unfortu- 
nate clerk. 

J 1 95. Pardon 
As if the right of appeal were not enough, we have also the 
right of pardon so profusely employed in Italy that pardons 
are here a hundred times as numerous as they are in France.' 
Now, how can we reconcile this clemency with the rarity of cases 
of moral reform? Who is not aware that criminals liberated 
after having passed through the graduated prison system (which 
is much more of a test than simple imprisonment) still give 
very poor results? How can we say that justice is equal for 
all, that it is destined to bring the disturbed juridical condi- 
tion into equilibrium, and that it is based upon fixed, immuta- 
ble laws, free from all personal influence, when all that is needed 
to blot out the whole thing b a simple stroke of the pen, — the 
signature of a man who may be the best man in tlie countrj. 
but is after all only a man? The system of pardons is founded 
upon the supposition that the right to punish exists only in 
the will of the ruler, "But we use it to mitigate justice wheo it 
is too severe," answers Friedrich. Very well, if that is so, you 
have not true justice, and you ought to change its meUiods. 
Says Filangeri:' "Every pardon granted to a criminal b  
derogation of the law; for if the pardon is just, the law b bad, 
and if the law is just, the pardon is an attack upon the law. 
By the first hypothesb, laws should be abolished, and by the f 
second, pardons." We may add as a last consideration tlist 
pardons are contrary to the spirit of equality that animali- 
modem society, for when it favors the rich, as is too often tli' 
case, it makes the poor suspect that there is no justice (or their. 
Rousseau's words in this connection may be remembered: "Fn'- 
quent pardons announce that crimes will soon have no haibs 
need of them, and everyone knows whither that leads," 



§ 196) ABSURDITIES IN CRIMINAL PROCEDURE 359 

{ ig6. Crimiiiological Prejudices 
It is stili worse that there should be instilled into judicial 
practice a series of prejudices which make every judgment 
useless. We deplore, for example, the principle that when there 
is a doubt as to the intent of the criminal, he must be presumed 
to have had the less evil intent; and that when we cannot prove 
which of two crimes he was aiming at, we must always presume 
that it was the less serious. Now it is the exact contrary of 
this that is the case with bom criminals. The law, then, by 
following an hypothesis that is the direct opposite of the fact, 
endangers the safety of society. 

But it is still worse when the law is more lenient with at- 
tempted crimes, when it denies the intention, even where the 
criminal has betrayed it by his threats and by the steps which he 
has taken to put it into execution. Thus, one who administers 
a substance that he believes to be poisonous, when it is not, is 
guilty from the point of view of common sense, which does not 
stop for the magic formulas of the old jurists; for he is as dan- 
gerous as if he had administered a real poison, the more so 
since we know the pertinacity with which poisoners repeat 
their crimes on a large scale. To take the opposite position is 
virtually to insist on seeing the victim quite dead before taking 
steps to protect him. This is to rob ourselves, through love of 
abstract theories, of a. practical and concrete means of protec- 
tion, — so much the more since we know the tendency of the 
bom criminal to divulge his own crimes before committing them.' 
Further, it is absurd that our laws should be milder towards 
recidi%'ists who do not fall again into the same crimes. They 
are no less dangerous on that account, but quite the contrary. 
The English statistics show that those who have committed 
crimes against persons, upon relapsing, commit more especially 
Crimes against property, in order to escape justice. The crim- 
inal who always relapses into the same crimes is almost always 
^ semi-imbecile, perhaps less dangerous. For such the increase 
c>f the penalty is less urgent; while the man, who at short inter- 
■v»aJs commits several kinds of crimes, shows greater intelligence 
i "Homme Crimind," Vol. I, Pt. 3. 



360 CRIME: ITS CAUSES AND REMEDIES [§196 

and greater versatility in crime. Such were Lacenaire, Gasps- 
roni, Desmes, and Holmes, who knew how to combine theft, 
swindling, and poisoning, with forgery and assassination. Men 
of this sort are the moat dangerous, and the hardest to recognite 
and arrest. 
- Again, the importance that is assigned to public trials is an 



" The public trial is almost always only a useless and often 
dangerous repetition of the recorded results of the preliminarj" 
investigation; for the witnesses simply repeat their depositions, 
which are already in the record. Now it is difficult for the 
memory not to become confused before an imposing tribunal, 
where the crowd is annoying and the lawyers ask captious, or 
even threatening, questions; while it is much easier to recollect 
and recount a fact exactly in a small room before two or three 
persons only." ' 

The same may be said of the arguments of prosecution and 
defence, — and this with the more reason because the written 
argument, which is an immense advance on the spoken one. is 
permanent, and the memory for words is much weaker than 
that for things. According to the experiments of MUnsterbeif 
and Bigham, the average of errors of memory is greater lor the 
auditory series (31.6%) than it is for the \Tsual series (20.5%), 
The vaunted oral trial is, then, absolutely contrarj" to modon 
progress, however much it may have been regarded as one of 
the pillars of justice. 

Finally, when we cannot clearly prove that the person acciucd 
is a recidivist, or even when his crime has been comraitted in 
youth, we should at least take account of all his evil antecedents, 
in order to class him among suspects. What we want to arri' 
at is the degree of fear with which the indi\-idual must be in 
spired to keep him from doing harm, and if the legislator df 
not believe that anthropological and psychological character 
istics may be of service to him in solving the question, heou^< 
not, at least, to reject demonstrated criminological facts. 

' Ferrero, "Lea Loia Psycholo^quee de Symboliame," 1890. 



I 



§197] ABSURDITIES IN CRIMINAI, PROCEDURE 361 

5 197. Erroneona Theories 
There are many jurists, who are deeply versed in scientific 
matters and in the current of the scientific movement with re- 
gard to the criminal, who have not been able to gauge its depth 
accurately for want of physiological ideas or of direct contact. 
These men have maintained that the great numbers of insane 
and feeble-minded to be found amongcriminala, and consequently 
the limited responsibility of many criminals for their crimes, lead 
inevitably to the reduction of the penalty. They do not under- 
stand that the new anthropological notions, while diminishing 
the guilt of the born criminal, imposes upon us at the same time 
the duty of prolonging his sentence, because the more irrespon- 
sible criminals are the more they are to be dreaded, since their 
innate and atavistic criminal tendencies can be neutralized only 
by selection and sequestration. These tendencies are like a 
swelling wave, which is turned back upon itself when it encoun- 
ters a strong dike, but which sweeps on and becomes threaten- 
ing if nothing checks it. Our jurists have not imitated the 
Dutch, but have thought that they check the e\Tl by lowering 
the dikes more and more; hence the increasing tendency to give 
every opportunity of defense to the criminal and to facilitate 
pardons, whde nothing is done to increase the security of society 
and the certainty of the repression of crime. Now, if a general, 
relying upon the power of philosophy, allowed himself to be 
guided solely by that, or by an abstract strategy, founded upon 
the history of ancient battles, without regard for modem bal- 
listics, b it not certain that he would conduct his unfortunate 
soldiers to an inevitable death? Now, penal justice requires at 
least as much practical knowledge as does military strategy. 
Metaphysics in this matter can be only a negative resource, 
yet the practical results must often depend upon the opinion of 
persons, ^'enerable indeed but inclined to substitute metaphysics 
for strategy, who dream with open eyes of free-will independent 
of matter and of a right to punish based not upon pressing social 
necessity but upon abstract violations of juridical order. Not 
only do they not think of eliminating the true causes of crime 
(mch as alcoholism, aasociations of children, etc.). but, by intro- 



362 CRIME; ITS CAUSES AND REMEDIES [§198 

ducing precipitately all the innovations that the civilized world 
has contrived in favor of the criminal, they forget the pre- 
cautions necessary to mitigate the evil consequences of these 
(intermediate institutions for conditional liberation, etc.), and 
they forget, finally, the new means devised for the defense of 
society. 

It is also to be deplored that the high-priests of justice regaid 
the form of procedure of more importance than the protection 
of society; so that it haa passed into a proverb that the forms 
more than the substance of the procedure are the supreme 
guarantee for both parties, and that "forma dat esse rei," — 
four words that are the greatest proof of human blindness in 
juridical matters. 

S 198. Causes of this State of ThingB 

The cause of this fatal retrogession toward theory is to be 
sought, first of all, in that law of inertia and exaggerated con- 
servatism by means of which a man, when he has been drawn 
along by extraordinary circumstances or by bold and fortunate 
rebels, turns back with terror from every change, however 
simple and logical; and if in some cases men submit to the 
change, notwithstanding their repugnance, it is because the 
time is so ripe, and the innovation so apt, that they are carried 
along in spite of themselves and forced to accept it. But here. 
as in religion and philosophy, the truth is hidden by formulas, 
whose mystic and imposing appearance prevents the discovery 
of their insubstantial character. Whoever, with uplifted re- 
ligious feelings, hears for the first time rabbis or brahmina re- 
citing mysteriously their Hebrew or Sanscrit prayers, attacJies 
to them a profound significance, whereas if translated into the 
ATilgar tongue they would appear quite simple. In the same 
way the public does not understand the legal vocabulary, and 
finds the jurist the more profound the less it understands him. 
Often jurists do the same, and thinlc more of themselves, the 
more they entangle themselves in their hieroglyphics. We 
understand from this why it is that the public cannot take 
jurists seriously when they affirm, for example, that to authof 




§ 198] ABSURDITIES IN CHIMINAL PROCEDITIE 363 

ize another person to commit a crime is not to be guilty of an 
overt act; or that when a convict's second offense b different 
from the first he is not a recidivist. 

Ferrero finds another cause for these errors,' in ideo-emotional 
inactivity, in tie tendency of the human mind to reduce to a 
minimum the number of mental associations necessary for any 
work whatever. In practice, then, the literal interpretation of 
the law prevails over all considerations of justice, 

"This is the case with the bureaucrary of great governments. 
We know that the most common vice of this class of function- 
aries is the habit of applying literally the rules and laws given 
for their guidance; whUe these can be but the imperfect indica- 
tion of the will of the law-makers, who, not being able to foresee 
everything, can only lay down general rules. The official ought 
to interpret these general rules according to the particular 
case, but, instead, the letter of the rule becomes standard, 
truth, and even reason itself. The employee of a private estab- 
lishment, with an eye to his own interests, does not let himself 
so easily fall into the habit of carrying out a general rule with- 
out reflection, but interprets the directions he receives accord- 
ing to the circumstances of the case." 

Now, what happens to codified laws, which are supposed to 
serve merely to guide the magistrate in particular cases, is that 
they become justice to him even when applied to the letter. To 
decide conscientiously the judge ought to make himself a per- 
sonal criterion for the special case that he has under his eyes, 
and judge it according to the general spirit that emanates from 
the written law. The Roman jurisconsults also recognized that 
the civil law needed to be supplemented by what they called the 
tiatural law, which was nothing else than the expression of that 
feeling of justice that revolts against the application of general 
JTiles to particular cases to which they are not adapted. But 
all this requires an intense intellectual effort, a fatiguing labor 
accompanied by a tormenting sense of responsibility. It is 
much easier and more convenient to apply the general directions 
^f the law by deducing their logical consequences. As soon as 
the mind has become accustomed to this way of working, a 
professional ideo-emotional stagnation is produced, which leads 
^^^^^^_ > "Lea Lois PBychologiqiies du Syinbalisme," supra. 



364 CRIME: ITS CAUSES AND REMEDTRS [{IS 

the judge to consider the literal implication of the law as Ui 
whole duty. He soon comes to exclude every collatenl idei 
that might lead to an equitable solution of the question. Tke 
amount of injury su£Pered by the victim and the causes iriiki 
brought about the crime are not in any way taken into aocooiL 
These considerations help us understand why the scieooB 
aU began with the deductive method. £ven the physical xi- 
enoes» which from the nature of their subject would natnn^ 
hold themselves closer to nature, started with deduction. Prim- 
itive physics and chemistry, for example, consisted of a series 
of deductions drawn by force of logic from a principle estabfisbed 
by the observation of facts at random. It was only later tbt 
men came to recognize the fact that to leam the laws of Daturel 
is necessary to reason less and to observe more. In the b^ 
ning pure logic was preferred to observation and experieoo^ 
because it was a less fatiguing psychological process, endaf 
the presence of a smaller number of intellectual dements ia tie 
mind. 

**The employment of pure logic is, then, the effect of a 
ideo-emotional inactivity proper to the period of infancy, wUck 
appears in the period of old age by the well-known law of degefi- 
eracy and atavism. What is the science of the Middle Ages 
but an invasion of Greek subtilty into the field which the thcw^ 
of antiquity properly submitted to the method of observatkn' 
Just so the absolutism of the deductive method in moden 
juridical science is a sign of decrepitude. The law oi vko- 
emotional inactivity explains to us why so often the bv 
of rude and barbarous peoples is distinguished by a certaia 
sound common sense, as compared with the marvelously logbi 
but marvelously absurd subtilties of the law of the most civS- 
ized peoples." ^ 

^ Ferrero, "Lea Lois Psychologiques du Symbolisme," Paris, 189t 



SYNTHESIS AND APPLICATION 



|ata\ism and epilepsy in crime and in pdnishment 

i >99. 

IXL that I have set forth in the present book and in those 
_ ' which preceded it (Vol. I and II of the " Homme Criminel ") 
mves clearly the insecurity of the ancient criminological scaf- 
folding. Have I succeeded in substituting a more solid edifice? 
If pride in a long and painful task has not blinded me, I thin k 
that I can answer in the affirmative. The fundamental pro- 
position imdoubtedly is that we ought to study not so much 
the abstract crime as the crimiDal. 

S 300. AUviam 
The born criminal shows in a proportion reaching 33% nu- 
merous specific characteristics that are almost always atavistic. 
Those who have followed us thus far have seen that many of 
the characteristics presented by savage races are very often 
found among bom criminals. Such, for example, are: the slight 
development of the pilar system; low cranial capacity; retreat- 
ing forehead; highly developed frontal sinuses; great frequency 
of Wormian bones; early closing of the cranial sutures; the 
simplicity of the sutures; the thickness of the bones of the skull; 
enormous development of the maxitlaries and the zygomata; 
prognathism; obliquity of the orbits; greater pigmentation of 
the skin; tufted and crispy hair; and large ears. To these we 
may add the lemnrine appendix; anomalies of the ear; dental 
dinstemata; great agility; relative insensibility to pain; dullness 
of the sense of touch; great visual acuteness; ability to recover 
quickly from wounds; blunted affections; precocity as to sensual 



366 CBIME: ITS CAUSES AND BEMEDIES [!» 

pleasures; ^ greater lesemblanoe between the sexes; greater Id- 
oorrigibility of the woman (Spencer); laziness; absen c e of I^ 
morse; impulsiveness; physiop^chic endtabilily; and eap^ 
ciaOy improvidence, whidi sometimes appears as courage od 
again as recklessness changing to cowardice. Besides these 
there is great vanity; a passion for gambling and alooUk 
drinks; violent but fleeting passions; superstition; eztraordiBaij 
sensitiveness with regard to one'sown personality; and a apecsl 
conception of God and morality. Unexpected analogies m 
met even in small details, as, for ezan^>le, the inq>rovi9ed nies 
of criminal gangs; the entirdy personal influence of the diieb;^ 
the custom of tattooing; the not uncommon crudty ctf tbor 
games; the excessive use of gestiues; the onomatopoetic bi- 
guage with personification of inanimate things; and a sptai 
literature recalling that of heroic times, when crimes were cxk- 
brated and the thought tended to clothe itself in rliytlimie 
form. 

This atavism explains the di£Fusion of certain crimes, sudi as 
the pederasty and infanticide, whose extension to wbde oob- 
panies we could not explain if we did not recall the Romans, tfe 
Greeks, the Chinese, and the Tahitians, who not only did not 
regard them as crimes, but sometimes even practiced them as 
a national custom. Garofalo has admirably summed up the 
psychical characteristics of the bom criminal as being the ab- 
sence of the feelings of shame, honor, and pity, which are those 
that are lacking in the savage also.* We may add to these tk 
lack of industry and self-control. 

To those who, like Reclus and Krapotkin, object that there 

are savage pjeoples who are honorable and chaste, we must 

reply that a certain degree of density of population and of 

association among men is necessary for crimes to develop. It is 

not possible for example, to steal when property does not exist 

or to swindle when there is no trade. But the proof that these 

tendencies exist in germ in the savage, is that when they begffl 

to pass from their stage of savagery and take on a Uttle dviB- 

zation they always develop the characteristics of crimioslitj 

1 "Homme Criminel," Vol. I, pp. 136 to 579. 

« Tacitus, "Germ.," VII. 

« "Criminologie," 2d ed., 1895. 



SYNTHESIS AND APPLICATION 

CHAPTER I 

ATAVISM AND EPILEPSY IN CRIME AND IN PUNISHMENT 

S 199. 

ALL that I have set forth in the present book and in those 
which preceded it (Vol. I and 11 of the ** Homme Criminel '*) 
proves dearly the insecurity of the ancient criminological scaf- 
Idding. Have I succeeded in substituting a more solid edifice? 
If pride in a long and painful task has not blinded me, I think 
that I can answer in the affirmative. The fundamental pro- 
position undoubtedly is that we ought to study not so much 
the abstract crime as the criminal. 

§ aoo. AtaTism 

The bom criminal shows in a proportion reaching 33% nu- 
merous specific characteristics that are almost always atavistic. 
Those who have followed us thus far have seen that many of 
the characteristics presented by savage races are very often 
foond among bom criminals. Such, for example, are: the slight 
development of the pilar system; low cranial capacity; retreat- 
ing forehead; highly developed frontal sinuses; great frequency 
of Wormian bones; early closing of the cranial sutures; the 
simplicity of the sutures; the thickness of the bones of the skull; 
enormous development of the maxillaries and the zygomata; 
prognathism; obliquity of the orbits; greater pigmentation of 
the skin; tufted and crispy hair; and large ears. To these we 
may add the lemurine appendix; anomalies of the ear; dental 
diastemata; great agility; relative insensibility to pain; dullness 
of the sense of touch; great visual acuteness; ability to recover 
quiddy from wounds; blunted affections; precocity as to sensual 



368 CRIME: ITS CAUSES AND REMEDIES [§20O 

We may add that the atavism of the crimiDal, when he lacks 
absolutely every trace of shame and pity, may go back tar 
beyond the savage, even to the brutes themselves. Patho- 
logical anatomy helps prove our position by showing in the 
case of the criminal a greater development of the cerebellum, a 
rarer union of the calcarine 6s3ure with the parieto-occipital, 
the absence of folds in the passage of Gratiolet, the gutter- 
like shape of the nasal incisure, the frequency of the olecraiual 
foramen, extra ribs and vertebne, and especially the histo- 
logical anomalies discovered by Roncoroni in the cortex of 
the cerebrum of criminals, that is to say, the frequent absence 
of granular layers, and the presence of nerve cells in the white 
matter, and immense pyramidal ceils. In seeking for analogies 
beyond our own race we come upon the explanation of the 
union of the atlas with the occipital bone, the prominence of 
the canine teeth, the flattening of the palate, and the median 
occipital fossa, occurring among criminals as with the lemurs 
and rodents;* as also the prehensile foot, the simplicity of the 
lines of the palm, motor and sensory left-handedness. ATe 
recall also the tendency to cannibalism even without desire for 
vengeance, and still more that form of sanguinary ferocity, 
mingled with lubricity, of which examiiles are furnished us bv 
Gille, Verzeni, Legier, Bertrand. Artusio, the Marquis of Sade, 
and others, with whom atavism was accompanied by epilep^, 
idiocy, or general paralysis, but who always recall the pturing 
of animals, preceded by ferodous and sanguinary contests to 
overcome the reticence of the female or to conquer rivals.* 

These facts prove clearly that the most horrible crimes havs 
their origin in those animal instincts of which childhood give* 
us a pale reflection. Repressed in civilized man by education, 
environment, and the fear of punishment, thej- suddenly breik 
out in the born criminal without apparent cause, or under the 
influence of certain circumstances, such as sickness, atmosphffic 
influences, sexual excitement, or mob influence. We bnw 
that certain morbid conditions, such as injuries to the head, 
meningitis, and chronic intoxication, or certain pfaysiologicil 

' "Homme Criminol," Vol. I, pp. 160, 217, 176, IS2. 

< "Homme Cruninel," Vol. 1, pp. 449, 513; Vol. 11, pp. 95, 96, 133, 138^ 

144, 147. 




201] 



ATAVISM AND EPILEPSY IN CRIME 



nditions like pregnancy and senility, produce derangements 
the nutrition of the nervous centers, and in consequence 
avistic retrogressions. We can see, then, how they may 
alitate the tendency to crime, and when we take into account 
e short distance that separates the criminal from the savage, 
! come to understand why convicts so easily adopt savage 
stoms, including cannibalism, as was observed in Australia 
d Guiana.^ When we note, further, how children, until they 
e educated, are ignorant of the difference between \'ice and 
rtue, and steal, strike, and lie without the least compunction, 
i easily understand the great precocity in crime, and see 
ly it is that the majority of abandoned children and orphans 
d by becoming criminals,* Further, atavism shows us the 
e£5cacy of punishment for bom criminals and why it is that 
ey inevitably have periodic relapses into crime, so that the 
eatest variation shown by the number of crimes against 
rsons is not more than ^, and by those against property 
>l more than ^.* 

We see, as Maury very truly remarks, that we are governed 
' silent laws, which never fall into desuetude and rule society 
uch more surely than the laws inscribed in the codes. 

S 101. Epilepsy 
The same phenomena which we observe in the case of bom 
ipinal^ appear again in the rare cases of moral insanity,* but 
ly be studied minutely, and on a large scale, in epileptics, 
minal or not,' as the table given below will prove. There 
shall see that not one of the atavistic phenomena shown by 
minals is lacking in epilepsy; though epileptics show also 
tain purely morbid phenomena, such as cephalea, atheroma, 
irium, and hallucination. In bom criminals also we find, 
ddes the atavistic characteristics, certain others that appear 
be entirely pathological, or which at first sight seem more 
iriy aUied to disease than to atavism. Such are, for example, 
the anatomical field, excessive asymmetry, cranial capacity 



' Bouvier, "Voyagp k la Guyane," 1866, 

,e Criminel," Vol. I, pp. 92 to 108. 
' Maury, "Mouvemente Moral de Ja Soci6t<i," Paris, 1800. 




370 CRIME: ITS CAUSES AND REMEDIES fil 

and face too large or too small, sclerosis, traces of moiin^ 
hydrocephalous forehead, oxycephaly, acrooephaly, cranial 4 
pressions, numerous osteophytes, early dosing of the cnml 
sutures, thoracic asymmetry, late grayness of hair, late baU- 
ness, and abnormal and early wrinkles; in the biological iH 
alterations of the reflexes and pupillary inequaliti^ T« 
these we may add peripheral scotomata of the visual &U. 
which one never finds in savages, with whom, on the contmr, 
the field of vision is remarkably wide and regular, as ire see 
in the case oi the Dinkas. There is also to be added the ahe»> 
tion of hearing, taste, and smell, the predilection for animdk. 
precocity in sexual pleasures, amnesia, vertigo, and miBk 
and paranoiac complications. These abnormalities, whidiiR 
found in greater proportion among idiots, cretins, and degas- 
ates in general, are to be explained by the fact that in tboe 
cases alcoholic intoxication is added to the effect of atavifl^ 
and still more to that of epilepsy. 

However, the participation of epilepsy in producing the efed 
does not exclude atavism, since they equally involve dianeta' 
istics at once atavistic and pathological, like macnNsqdi^* 
cranial sclerosis. Wormian bones, rarity of beard; and in tk 
biological field, left-handedness, analgesis, obtuseness of a! 
senses except that of sight, impulsiveness, jjederasty, obscenity, 
sluggishness, superstition, frequent cannibalism, choleric isi 
impetuous disposition, tendency to reproduce the cries ifli 
actions of animals; and especially the histological anonufe 
of the cortex, which we have noted among criminals, and vW 
reproduce the conditions of the lower animals; and finally 
anomalies of the teeth. These latter might app>ear to have w 
connection with the brain, but are, on the contrary, intimately 
connected with it, since the teeth proceed from the same eo- 
bryonic membrane as the brain does.^ 

We may recall here that Gowers, having often noted in epi- 
leptics acts peculiar to animals, such as biting, barking, aai 
mewing, concludes from this "that these are manifestatkif 
of that instinctive animalism which we possess in the laterf 
state." 2 

* "Homme Criminel/* Vol. I, p. 232, n. 

* "EpUepsy," London, 1880. 



§201] 



ATAVISM AND EPILEPSY IN CHIME 



J 



Ezostoau 

Aiymmetry 

Mcdiui occipitel fosM .... 
CrmaiBl index too great . . . . 

Strongly artlicd brows . . . . 

Low, retreating forehead . . . 

llydfocephaloua forehend . . . 

Cranial osleophytes 

Numerous Wormian bonea . . 

Frontal suture 

Early synostoais 

Oblique orbits 

'LiMnurine appi^ndix 

Maxiliarics too targe 

Large and promlneDt tygomata 

Large, outstanding ears .... 

Facial asymmetry 

Strabismus , 

Masculine face in women . . . 

Dental diaftemata 

Anomalies of bones of DMC . . 

Aoonialies of teetii 

Bones of fa™ too large .... 

/'Anomalies of fissures 

I Small weight 

■< Hypertrophy of ivrebelluin . . 
I Histological changes of cortex . 

VTraces oF uieiungitis 

/-Asymmetry of thorax 

I Prehensile foot 

J Left-handcdness 

1 Hernia 

I Simplicity of lines of palm . . . 
^Viaceral leuoni 



If hilly developed epileptic fits are often lacking in the case 
td the born criiiiiiiiil, this is because they remain latent, and 
only show themselves later under the influence of the cau.ses 
assigned (anger alcoKolisni), which bring them to the surface. 
"With both criminals and epileptics there is to be noted an 
insuffident development of the higher centers. This manifests 



CRIME; ITS CAUSES AND REMEDIES 



11 



("AbDomal wrinkles 

Sparse beard 

-i Yellowiah tint 

Tattooing 

LCriapy hair 

rLeft-handedaeag and ambidextiy 
J Abnarmalities of refiexea . . . 

I Unequal pupiU 

^Abnormal agility 

/Obtuseness o{ sense of touch . . 
I Relative insensibility to pain 

GkaI visual scuteness .... 

Obtuseness of hearing, taste, and 



neU . 



TJmited intelligence 

Superstition 

Emotional obtuseness 

IjBck of moral sensibility . . . 

Absence o! reroorse 

Cannibalism, ferocity, lack of 

self-conlrol 

Pederasty, onanism, obscenity . 
Exaggerated religious beliefs . . 

Vagrancy 

Sexual precocity 

Simulation 

Laziness, inertia 

Improvidence 

Cowardice 

Passion for gambling 

Mania, paranoia, delirium . . . 

I. Vertigo 

Heredity (alcoholism, msanity, 

epilepsy, old age of parents) 
Alcohol' 



™y, c 



III 



IS 201 



-A 



itself in a deterioration in the moral and emotional sensibilities, 
in sluggishness, physiopsychic hyperescitability, and espedaDj 
in a tack of balance in the mental faculties, which, even wIko 
distinguished by genius and altruism, nevertheless alws." 
Bhow gaps, contrasts, and intermittent action. 




% 



2031 ATA\TSM AND EPILEPSY IN CRIME 373 

j 3oa. CombinatioQ of Morbid Anomalies with AUfism 
Very often, moreover, certain common characteristics of 
i""'"ftl'< and epileptics have been classed as abnormal or 
orbid and not as atavistic, entirely because of the insuffi- 
;ncy of our embryological and phylogenetic knowledge, 
any of the characteristics given in the preceding table {which, 
iwever, is only schematic) are atavistic and morbid at the 
me time, such as microcephaly, cranial sclerosis, etc. Facial 
ymmetry would also appear to be ata\~istic when we recall, 
r example, the flat-fishes (Penta) ; so likewise the abnormally 
-inkled face, taking us back to the Hottentots and the apes. 
:mia, also, as Fer4 rightly remarks, recalls conditions that 
B normal in the lower vertebrates and in the embiyo. 
Very often morbidity and atavism go back to a common 
use, as Wagner ' observes in a magnificent dissertation. 
The idea," he writes, "that the atavism of criminals is 
jociated with some specific disease of the foetus has been 
papletely confirmed by the discoveries ofj Ettinghausen. If, 

• example, we freeze the roots of an oak so as partly to kill it, 
s following year it will put out leaves that are not Uke the 
ives of the modern oak, but like those of the oak of the ter- 
jy period. This fact explains  the reappearance of inter- 
Kliate and indistinct fossil forms. We see very clearly, then, 
it influences capable of producing a disease can bring about 
ivistic morphological retrogressions." 

The epileptic background upon which the clinical and ana- 
nical picture of the moral lunatic and the born criminal is 
iwn (a picture that would otherwise be lost in vague semi- 
-idical, semi -psychiatric hypotheses) explains the instan- 
leousness, periodicity, and paradoxical character of their 
mptoms, which are doubtless their most marked character- 
ics. Note, for example, in this class, the coexistence and 
.erchange of kindness and ferocity, of cowardice and the 
iddest recklessness, and of genius and complete stupidity. 

S aoj. The Criminaloid 
Criminaloids, while quite separable from bom criminals, do 
t lack some connection with epilepsy and atavism. Thus 

• Wagner vod Jaiiregg, "Antrittsvorleoung an der PsychifttriBcben 
inik," Vienna, 1805. 



i 



r 

I 



374 CHIME: ITS CAUSES AND REMEDIES (§203 

there are more epileptics among them (10% among pickpockets) 
than among normal men, and a greater proportion of criminal 
tj-pes (17%), but there are also certain specific anomalies, such 
as left-handedneas, common among swindlers.' 

In the biology of the criminaloid we observe a smaller number 
of anomalies in touch, sensibility to pain, psychometrj'. and 
especially less early baldness and grayness, and less tattooing. 
But, on the other hand, we meet with a larger number of 
strictly morbid anomalies, depending upon the abuse of alco- 
holic drinks, such as atheromata, paresis, and scars. Psychic 
anomalies are especially less frequent with the criminuloid, 
who has not the cynicism of the bom criminal nor the pasaoa 
for doing evil for its own sake; he confesses his fault more 
easily and with more sincerity, and repents more often. But 
he is more lascivious, and more often given to alcoholism; and 
the criminaloid women are more susceptible to suggestion. 
The criminaloid is more precocious and relapses oftener, — at 
least this is the case with pickpockets and simple thieves. Tbey 
arc often drawn into crime by a greater opportunity, although 
the lack of self-control which makes the epilepUc commit 
crime without reason is sometimes found in the criminaknil 
also. We may recall how Casenova confessed that when be 
committed a fraud he never premeditated it, but "seemed to 
yield to a superior will." A pickpocket said to me, "When the 
inspiration comes to us we cannot resist." Dostojevsky depicb 
smugglers of the prison as carrying on their occupation almost 
without returns, notwithstanding the grave risks they nm anJ 
in spite of repeated promises not to relapse. Mendel and Ben- 
edict describe the impulsive nature of the vagabond, which 
keeps him moving without object and without rest. 

Criminaloids, then, differ from bom criminals in degree, vtA 
in kind. This is so true that the greater number of them, 
having become habitual criminals, thanks to a long sojourn io 
prison, can no longer be distinguished from bom criniiiuli 
except by the slighter character of their physical mnrls of 
criminality. 

Still less different from bom criminals are those latent 
1 "Homme Criminel," Vol. II, pp. 216, 514, 518. 




14] ATAVISM AND EPILEPSY IN CRIME 375 

>nal3, high in power, whom society venerates as its chiefs. They 
bear the marks of congenital criminality, but their high posi- 
,tion generally pre\'ents their crinunal character from being 
recognized. Their families, of which they are the scourges, 
may discover it; or their depraved nature may be revealed all 
too late at the expense of the whole country, at the head of 
which their own shamelessness, seconded by the ignorance and 
cowardice of the majority, has caused them to be placed. Even 
this strange species of criminal monomaniac, who seems to 
differ from the epileptic in the motive of his crime and the 
manner of carr^'ing it out,' shows nevertheless the epileptic 
and atavistic origin of his criminality by obsessions, interrupted 
periods of ideation, lack of self-control, exaggerated imporbance 
£^ven to certain details, exhaustion after his criminal crises,' 
fondness for symbolism, excessive and intermittent acti\'ity, 
and finally by hereditary stigmata. 

S 104. Criminal Insane 
Even among the true insane criminals those forms predogi- 
inate which we may call the hypertrophy of crime, the exagger- 
ation of the bom criminal, not only in bodily and functional 
diaracteristics but also in the manner of committing the crime 
and' in conduct afterward.' These ser\-e to explain to us the 
extent of the impulsive, obscene, and cruel tendencies of the 
criminal insane, who are almost always obscure epileptics or 
bom criminals upon whom melancholia and monomania have 
grafted themselves, according to the natural tendency of dif- 
ferent forms of psychic disorders to take root together upon 
the corrupted soil of degeneracy. We have seen, likewise, 
how hysterical persons, alcoholics, dipsomaniacs, pyromaniacs, 
kleptomaniacs, the temporarily insane, reproduce many of the 
characteristics of the epileptic. Even the mattoid, who oo 
account of his habitual calm and the absence of signs of degen- 
eracy and heredity, seems far removed from epilepsy, yet shows 
at times this epileptic form, which we have seen to be the ker- 
nel of crime.' 

> "Homme Criminel," Vol. II, pp. 94, 97, 418. 

« "Homme Criminel," Vol. I pp. 34 to 22S; Vol. II, p. 213. 

• "Homme Criminel," Vol. ll, p. 646. 



376 CRIME: ITS CAUSES AND REMEDIES 

S 305. Crintinals by Pession 
Criminals of this class form a species apart, and are So 
plete contrast with the born criminal, both in the harmonic 
lines of the body, the beauty of the soul, and great nerve 
and emotional sensitiveness, as well as in the motives of thdr' 
crimes, always noble and powerful, such as love or politics. 
Nevertheless they show some points of resemblance with epi- 
leptics, such as their tendency to excesses, impulstvenasi 
suddenness in their outbreaks, and frequent amnesia.' 

S ]o6. Occasional Crimiiials 
Occasional criminals, or better, pseudo-criminals, are those 
who do not seek the occasion for the crime but are almost drawn 
into it, or fall into the meshes of the code for veiy insignificant 
reasons. These are the only ones who escape all connectioa 
with ata\'ism and epilepsy; but, as Garafalo observes, these 
ought not, properly speaking, to be called criminals. 

i 107. Causes 
The studj* of the causes of crime does not lessen the fatal in- 
fluence to be assigned to the oi^anic factor, which certainl; 
amounts to 35% and possibly e\-en 40%; the so-called causes 
of crime b^g often only the last determinants and the greit 
strength of congenital impulsiveness the principal cause. TTiis 
we have proved in some cases by the continual rel^)9es occa- 
sioned by very small causes, or even without causes, when not 
only the economic en^-i^onment has been changed, but when >B 
the circumstances that migfat encourage crime have been R- 
moved; and we have pro%'ed it especially by the iiicrea»Dg 
recidivism in London, notwithstanding the great efforts nude 
by Great Britain to suppress the causes which produce ciiine- 
Finallj-. we ha\-e seen that certain cinnmistances have so strong 
An action upon crimindoids that they are equivalent to organic 
causes, and we may even say that they become organic. Among 
these dicumstances should be noted the effect of excesavf 

> ■'Homme Criminel," VoL II, p. 226. 



§ 208] ATAVISM AND EPILEPSY IN CRIME 377 

heat upon rapes, assaults, assassinations, and revolts, and the 
effect of alcohol and heredity upon the whole gamut of crime; 
and to these must be added the effect of race, which in Italy 
through the Semitic race, and in France through the Ligurian 
race, increases the crimes of blood. 

A fact of the greatest importance b that the same causes 
which cUminbh certain crimes increase others, making it difficult 
for the statesman to devise a remedy. Thus we have seen that 
education and wealth cause a decrease in certain brutal crimes, 
especially homicides and assassinations, but at the same time 
increase others, or even create new crimes, such as bankruptcy 
and swindling. And if, for example, too great a density is the 
cause of many crimes, such as frauds and thefts, a sparse popu- 
lation, in its turn, favors brigandage and crimes of blood. Scar- 
city favors thefts from the forests, forgeries, insurrections, and 
incendiary fires, while cheapness of grain multiplies the rapes, 
homicides, and crimes against persons generally. 

Alcohol, which next to heat is the most powerful crime-pro- 
ducer, increases, when it is cheap, all the crimes against persons 
and against the public administration; and if it is dear, all the 
crimes against property. Yet it presents this strange contra- 
diction, that the more serious crimes are least numerous where 
alcohol is most abused, doubtless because this abuse takes place 
in just those localities where there is a higher degree of civiliza- 
tion, and this, by favoring inhibition, decreases the more bar- 
barous crimes. 

The school, likewise is a cause of crime, but where education 
is most general it diminishes the number and seriousness of the 
critaes. 

S 3o8. Necessity of Crime 

Statistics as well as anthropological investigations show us 
crime, then, as a natural phenomonon, — a phenomenon (some 
philosophers would say) as necessary as birth, death, or con- 
ception. 

This idea of the necessity of crime, however bold it may ap- 
pear, is nevertheless not so new nor so heterodox as one might 
believe at first sight. Centuries ago Casaubon expressed the 





378 CRIME: ITS CAUSES AND REMEDIES 

same truth when he said, "Man does not sin, but he is coer 
in various degrees"; and St. Bernard likewise said, "Which > 
of us, however experienced he may be, can distinguish among 
his own wishes the influence of the morsus serpeniia from that of 
Mic morbus mentis f" And further: "The sin is leas in our heart, 
and we do not know whetlier we ought to ascribe it to ourseivra 
or to the enemy: it is hard to know what the heart does and 
what it is obliged to do." St. Augustine is still more explicit 
when he says: "Not even the angels can make the man who 
wills evil will the good." The boldest and most ardent de- 
fender of this theory b a fervent Catholic and & priest of the 
Tyrol, Ruf.' 

The defenders of theories quite opposed to our own also 
affirm it indirectly by the contradictions into which they fall 
in their deflnitions. If we compare the different attempts at 
criminal codes we see how difficult it b for the legal expert to 
fix the theory of irresponsibility and to find an exact definition 
for it. "The whole world knows what a good or a bad action 
is, but it is difficult, even impos.sible, to tell whether the de- 
praved act has been committed with a full, or only an incom- 
plete, knowledge of the evii," says Mittermayer. Way * writes: 
"We have not yet any scientific knowledge of responaibiUty." 
And Mahring says:' "Irresponsibility is a matter which crim- 
inal justice cannot decide with certainty in any special case." 
In fact, there are men who are afflicted with incipient insanity, 
or are so profoundly predisposed to it that tlie slightest cause 
may make them fall into it. Others are driven by heredity to 
eccentricity or to immoral excesses. "Knowledge of the act," 
says Delbriick, "with an examination of the body and the miiul 
before and after it, b not enough to clear up the question of 
resporusibility; it is necessarj' to know the life of the criminal 
from the cradle to the dbsecting table." * Now as long as the 
criminal is living it is hardly possible to dissect hira. Carrara 
presumes "absolute responsibility where both intellect and will 

' G. Ruf, "Die Criminal justiz, ilire Witteraprliche und Zukunft," 
Innsbniek, 1870. 

' "Die strafreditliche ZurectiDkuig," 1851. 

• "Die Zukunft der peinlichen Bechtspflege," p. 188. 

• "Zeitaohrift ftir Psycliiattie," 1864, p. 72. 



\ 209] ATAVISM AND EPILEPSY IN CRIME 379 

x>]nbine in the accomplishment of a criminal action," but he 
idds immediately afterward, "upon the condition that the action 
if the will has not been lessened by physical, intellectual, or 
noral causes." Now we have seen that there is no crime in 
^hich these causes are lacking. 

8 309. The Right to Punish 

Some one replies to us: "But if you deny responsibility, what 
ight have you to punish? You proclaim that a man is not 
inswerable for his conduct, and yet you exact a penalty. How 
Qconsistent, and how harsh!" I shall never forget how a ven- 
Table thinker shook his head when he read these pages, and 
aid to me: "Where will you arrive, with such premises? Must 
re let ourselves be pillaged and murdered by brigands upon the 
iretext that we cannot decide whether they know they are doing 
nx>ng?" I answer: nothing is less logical than to try to be too 
ogical; nothing is more imprudent than to try to maintain 
heories, even those which are apparently the soundest, if they 
ire going to upset the order of society. If a physician at the 
ledside of a patient, when there is grave danger, must proceed 
cautiously even with the best established system of medicine, 
he sociologist must observe still greater circumspection, for if 
le puts into operation innovations of an upsetting nature he 
vill simply succeed in demonstrating the uselessness and inef- 
iciency of his science. 

Scientific knowledge, however, is happily not at war but in 
Jliance with social order and practice. If crime is a necessary 
hing, so also is society's resistance to crime, and, consequently, 
he punishment of crime, which must be measured by the amount 
4 apprehension with which it inspires the individual. Punish- 
nent thus becomes less hateful, but also less contradictory and 
^rtainly more efficacious. 

I do not believe that any theory of punishment has a sound 
msis, except that of natural necessity and the right of self- 
lefenfle. This is the old theory of Beccaria and of Romagnosi,^ 

^ ''Society has the right to make punishment follow upon crime as a 
keoesBarv means for the preservation of its members." ('^Genesi del 
)iritto renale.") " Penalties which go beyond the necessity of preserving 
he public weal are unjust." (Beccaria, "Dei DeUtti e delle Pene."> 



380 CaiME: ITS CAUSES AND REMEDIES [§209 

of CarmigDani, and, in part, of Rosminii Mancini, and Ellero, 
and it has now valiant defenders in Ferri, Garofalo, and, above 
all, Poletti, In Germany we see thia theory put forward by 
Hommel, Feuerbach, Grollmann, and Hottzendorff; in England 
by Hobbes and BenUiam; and in France by Ortolan and Tis!ot 
Tissot declares that it is impossible to find any moral relation- 
ship between crime and punishment.* In France a state prose- 
cuting attorney has said: 

"Man has no intrinsic right to punish; in order tohave tliii 
right he would have to have the knowledge of absolute justice. 
If it were not in the name of the most absolute necessity, how 
could a man arrogate to himself the right of judging bis fellov 
man? From the fact that man cannot defend himself withuut 
inflicting punishment, the conclusion has been drawn that In- 
has the right to punish; but that he really does not have ii 
may be seen from the fact that when this pretended right is 
taken by itself without reference to the concrete need it ceaxt 
to be v^d." 

Rondeau, governor under Joseph II, in hb "Essai physique 
sur la peine de mort," * denied the freedom of the will, repiidi 
ated the universally accepted notions of good and c^tI, meril 
and demerit, and in speaking of repressive justice he declared; 

"Crime does not exist in nature; it b the law alone that im- 
poses thb unjust designation upon acts that are necessary tsi 
mevitable. The innumerable and diverse causes which product 
the pretended criminality are all materia! and all independent o( 
our will, like the miasma that produces fever. Anger is a pas^ 
fever, jealousy a momentary delirium, the rapacity of the llw 
and swindler an aberration of disease, and the depraved plo- 
sions that drive men to sins against nature are organic inipff' 
fections. All moral evil is the result of phj-sical e\'il. h< 
murderer himself is a sick man like all other criminab. Why. 
and in the name of what principle, could they be pimished. 
unless it is because they dbturb the regular course of the sodJ 
life and impede the normal and legitimate development of tk 
species? On this ground society, or, better, the govemmenl, 

"The reason for the state's callinB; a criminal to account is not to t3ict 

vengeance for the crime, but to bring it about that crime shall not h 

committis] in the future. (Carmignani.) 

» "Introduction Pliilosophique 4 1' Etude du Droit P^nal," 1S74. p.3!^ 
* Frasati, "La NuovaScuolo di Diritto Penale in Italia ed all' Eswn' 

Turin, 1891. 



209] ATAVISM AND EPILEPSY IN CRIME 381 

lad the right to place an obstacle in the way of the fatal con- 
equences of their acts, just as a landowner has a right to build 
, dike against the flood which threatens to inundate his fields. 
The social power can, then, without scruple andiwithout hesi- 
ation, deprive malefactors of their liberty; but the moment 
bat all crime is recognized as the natural product and logical 
oDJsequence of some disease, punishment must become omy a 
ledical treatment. We shall cure the thief and the vagrant 
y teaching them the joys of honest work. If by an exception, 
rhich is unhappily too frequent, they show themselves insensible 
[> medical cure, they must be separated from their fellow 
itizexis." 

Ve see here that our boldest conclusions are already more than 

century old. 

One might question whether it is from wickedness or from 
he effect of their own organism that wild beasts devour man; 
ut notwithstanding this doubt, no one would abstain from 
illing them and tamely allow himself to be devoured by them. 
I'or would any one, because of a belief in the right of domestic 
piffiA^la to life and liberty, refrain from harnessing them up for 
rork, or slaughtering them for food. And what right have we 
o confine the insane, if it is not for self-defense? By what 
ther right do we deprive the conscript soldier of his most holy 
nd noble right of forming his own home and family, and send 
im, many times in spite of himself, to death? 

It is just because the principle of punishment is based upon 
be necessity of defense that it is really not open to objection. 

Formerly, punishment, which was made to correspond to the 
rime and like it had an atavistic origin, did not attempt to 
onceal the fact that it was either an equivalent ^ or an act of 
engeance. The judges were not ashamed to carry out the 
entence themselves, as the members of the holy Vehme did. 
!!rime was considered not only as an evil, but as the worst of 
Yils, which only death could pay for. If the guilty did not 
onfessy torture was used. When torture was dispensed with, 

X wotpif poena, compensation. In the Hiad, Achillee killed twelve 
Rpojaiis in return for the death of Patroclus. The compensation for the 
bath of a Frank was 200 sous, and thefts dso could be paid for. Slaves 
iMi their lives for the same crimes which cost a free man only 45 sous. 
Del G^udioe, ''La Vendetta nel Diritto Longobardo," 1876.) 



382 CRIME: ITS CAUSES AND REMEDIES p 

witnesses sufficed. Later mere presumptions were suffident,- 
and such presumptions! Not only did the judges kill thecdfr 
inal, but they wanted him to taste death slowly. This cnvkf 
did not diminish crime, but it was logical, nevertheless. Tk 
theory does not contradict the practice. The concq>tionii 
that the criminal never improves, and that he begets difldn 
like himself. The death of the criminal alone prevented nai 
ivism. Men of that day obeyed the instinct that impdled tka 
to punish one offence by committing another; but they did not 
conceal this view. But our logic, our sincerity in penal matte 
where is it? 

We still have this primitive instinct. When we are tzyii^t 
criminal, we have always a tendency to measure his p 
by the degree of repugnance and horror with which his 
inspires us and to be filled with indignation against the w 
who has confessed it. So we not infrequently see repreflaiti> 
tives of the law forgetting their abstract theories and denumdif 
in loud tones that the vengeance of society be visited upontk 
offender. Yet the same men, when inditing a book upon cni- 
inal law or sitting to legislate on the same subject, would reps- 
diate such an attitude with horror. And what logic is that a 
the theory, which is being brought into vogue again by Boeder, 
Garelli, Pessina, that punishment is for the purpose of rrforc 
when we know very well that the reform of the guilty is ahraj? 
or nearly always an exception, while the prison not only docswt 
improve him but even makes him worse. Besides, how, irid 
such a theory, could one justify the punishments inflicted for 
political crimes, or crimes committed through excitement of 
passion, followed as they almost always are by sponteKooJ 
and complete repentance? Oppenheim, after having writttf 
that every crime should be followed by a proportionate pai^tj 
and that the penalty should not only be an evil but sbtwU 
appear as such, goes on to say (with Mohl and Thur): ** Punish- 
ment should have for its only aim the reformation and empbj* 
ment of the criminal." But is not this an obvious contradictioi.* 
How can you reconcile the theory which has the criminal (fi'' 
honored with that which pretends to improve him? Howoi 
you brand him upon the brow with iron, and say to him, "IW' 



ATAVISM AND EPILEPSY IN CBIME 383 

ielf better"? What are the theories of Herbert, Kant, 
Utomid, and Hegel, but the ancient ideas of vengeance and the 

e talionia disguised in modern dressP 

And with all thia the State does not think of the morrow. It 
jhuts the prisoner up, and when he has served the term of his 
ptence it sets him at liberty again, thus increasing the danger 
[ society, for the criminal alwaj's becomes more depraved in 

B pronuscuity of the prison, and goes out more irritated and 
better armed against society. With tbis theory it is not pos- 
sible to justify the increase of the penalty in the case of recid- 
ivbm nor the adoption of preventive measures. 

Some legislators maintain that a criminal ought to be made 
to expiate his crime. But the conception of expiation is eccle- 
siastieal, and how can we say that a criminal expiates his crime, 
when it is by force that we take away his life or his liberty? 

The theory of intimidation in its turn offers numerous con- 
tradictions. Our predecessors cut off nose and ears, quartered, 
boiled in water and in oil, and poured melted lead down the 
throat. But they succeeded only in multiplying crimes and 
making them more horrible, for the frequency and ferocity of 
the punishments hardened men; in the time of Robespierre 
even the children played at guillotining.' But what do men 
expect to accomplish by intimidation nowadays, when penal- 
ties have been made so much milder and the prisons are almost 
like comfortable hotels? And then, what sort of justice is that 
which punishes a man, less for the crime he has committed than 
to ser\'e as an example to others? 

Further, the right to punish, based upon the nature of the 
deed itself, has nothing absolute in it, since we see the penalty 
varying according to the temper and habits of the particular 
judge, Breton affirms that a j'udge accustomed to deal with 
great crimes will inflict puninhinents relatively more severe 

' The death penalty was visited in France ae late aa 1100 upon 116 
Idndeof crimes; thieves were brokeo on the wheel, murderprs were hanged; 
later all were broken on (he wheel. Between 1770 and 1780 a certain L. 
was broken on the wheel for Htealing linen, and another thiet for having 
stolen cheese. In 1666 in Auvergne there were 276 individiiala hanged, 
44 beheaded, 32 broken on the wheel, 3 burned, and 28 sent to the galleya. 
Id a single province t^ere were more persona executed than are now con- 
victed in all France. 



384 CRIME: ITS CAUSES AND REMEDIES ^201 

when he comes to deal with minor o£Fenses; he will give mootl 
in prison instead of days. No judges, moreover, even in i 
same country and when it is a question of identically the su 
crime, agree exactly upon the sentence. Is it possible to bdk^ 
in an eternal and absolute principle of justice among men wli 
we see this pretended justice vary so greatly within a be 
interval of space or time; when we see bigamy and rape punisk 
so differently in England and in Germany; when we see that i 
so many years ago a Jew who accosted a Catholic prostiti 
was condenmed to death, as was likewise a Catholic who 
lowed an involuntary blasphemy to escape him, while infu 
dde, incest, and rape were tolerated? Do we not even tonl 
see the right of pardon and the theory of limitations stiD 
force, as if the favor of the king or the lapse of time could dm 
the depraved nature of the criminal or make him less Vlaij 
relapse into crime? 



CHAPTER n 

LTIB8 ACCORDING TO CRIMINAL ANTHROPOLOGY — FINES — 
•ROBATION SYSTEM — INSANE ASYLUMS — INSTITUTIONS 
"OR THE INCORRIGIBLE — CAPITAL PUNISHMENT 

(azo. 

* all the criticisms raised by punishment the most impor- 
tant is surely thatwhich concerns its application, especially 
the fruitful labors of Ferri, Garofalo, Van Hamel, Viazzi, 
)ighele have not only corrected what there was irrational 
: repression, but have brought it into harmony with our 
cal ideas. Now, when once it has been demonstrated that 
^nalty is not an equivalent of compensation to offended so- 

or a sort of excommunication inflicted by lay priests with 
thought of the crime than of the criminal, we see that 
hment must change its character. We must have in view 
welfare of society more than the punishment of the crim- 
uid the criminal and his victim more than the crime. The 
nspired by a man who suddenly commits a murder for a 
ion of honor, or for a political idea, is very different from 
iSLT we have of a man who puts a climax on a life of crime 
an assassination for the purpose of theft or rape. In the 
case the punishment is almost useless, the crime itself 
so grave a punishment that it is certain the offender will 

• repeat it. In the second case every delay and every 
ation of the penalty is a peril for honest men. 

us in cases of assault it is absurd to establish, as the codes 
great differentiation according to the seriousness and du- 
Q of the effects, especially since antiseptic methods now 
in the cure; for the murderer does not measure his blows, 
it is only purely by chance if they are not mortal. On the 
"ary, in crimes of this kind we must observe carefully to 
hether the guilty person is a respectable man and whether 



386 CRIME: ITS CAUSES AND REMEDIES p 

he had serious provocation. If this is the case, he bdongii 
the category of criminals of passion; while if the crime biti 
slight motive, or has been premeditated with accomplices, wi 
the persons in question are habitual criminals, the di^M 
assault, the unsuccessful attempt, ought to be punished aii 
serious crime, in order to prevent fatal relapses into crime, h 
this case we ought to take no account of the quarrel of thetM 
parties, who are not at all interested in what happens to otbos, 
for the State has the general welfare to care for. 

"It is impossible," says Ferri, very rightly, **to scpnte 
the crime from the criminal, as it is impossible, in drawing ^ 
a penal code, to suppose an average criminal iype, wfaiil.i 
reality, one never meets in any case. Now what does the judfc 
do? Before him is a pair of scales. In one of the pans hepib 
the crime, in the other the penalty. He hesitates, then diB» 
ishes one side and adds to the other, expecting thus to metsff 
the social adaptibility of the criminal. But, having tm 
pronounced the sentence, the judge does not concern ISaui 
to know whether the person condemned falls again into tk 
same crime. What does he know of the application of At 
penalty, and of the effect that it has upon the criminal to be 
deprived of his liberty? Further, when a crimmal is saitencd 
for 20 years but reformed in 10, why keep him there for 1') 
years longer, when another, to whom it would be useful te 
remain in prison longer, is liberated at the end of 5 yesii 
Crime is like sickness. The remedy should be fitted to tk 
disease. It is the task of the criminal anthropologist to detfl' 
mine in what measure it should be applied. What should w 
say of a physician who, stopping at the door of a hospital viri 
should say to the patients brought to him, * Pneumonia? Syn? 
of rhubarb for 15 days. Typhus? Syrup of rhubarb for i 
month '; and then at the end of the time named turn them out 
of doors, cured or not? " 

In order to avoid these faults the penalty should be indctff 
minate, and should be subdivided according to the princi[Jed 
Cicero: **A natura hominis discenda est natura juris."* We 
must make a difference according to whether we have rxoid 
our eyes a bom criminal, an occasional criminal, or a crimifii 
by passion. In the case of every criminal in whose case tk 
crime itself and the personal conditions show that reparati* 

* "The nature of law is to be learned from the nature of man.'* 



PENALTIES, FINES, PROBATION SYSTEM 



387 



; the damage ia not a sufficient social sanction, the judge 
lould give sentence of imprisonment for an indeterminate 
: in a criminaJ asylum, or in the institutions (agricultural 
Ktlonies or prisons) for occasional criminals, adults or minors. 
lie carrying out of the sentence should be regarded as the 
gical and natural continuation of the work of the judge, as 
I function of practical protection on the part of special organs, 
lie commission for cariying out penal sentences should include 
expert criminal anthropologists, representing the judge, the 
defense, and the prosecution. These men, together with ad- 
ministrative officers, would stand, not for neglecting and for- 
getting the prisoner as soon as sentence is pronounced, as 
happens now, but for a humanitarian work which would be 
efficacious for the protection, now of society against the libera- 
tion of dangerous criminals, now of the individual against the 
eiecution of a sentence which, in his case, has been proved to 
be excessive. It is apparent, then, that conditional liberation 
is bound up with the principle of the indeterminate sentence. 

S lit. Penalties other than Imprisonment 

We ought as much as possible to avoid the short and repeated 
aentences to prison, which, as we have seen, is the school of 
crime, and especially of associated crime, the most dangerous 
of all. "They prevent any cure, they render impossible any 
continuous effort, and they give the criminal a sort of dis- 
tinction, for there are many prisoners who mark on their caps 
the number of their sentences."' "We might say," writes 
Krohne," "that most countries have adopted the principle of 
sending to prison as many men as possible, as often as possible, 
and for as short a period as jiossible." He might have added 
that they do this in a way to make the prison do as little good 
issible and as much harm as possible. I have seen in 
nil children arrested under the very grave charge of being 
bbsnd of malefactors, for having stolen a herring, and 4 others, 
» had stolen a bunch of grapes. At the same time three 
isters in the legislative chamber were defending a thief 
" London, 1892. 




hiet M 



388 CRIME: ITS CAUSES AND REMEDIES [§!1! 

who had stolen 20 millions. Aocording to Joly thoe hv! 
almost always been in France as many as S,000»000 men vb 
have passed at least 24 hours in prison. Each year moR 
than 100,000 individuals step in to keep up or raise tb 
formidable number by taking the places of those wbo St 
Berenger reckons that the isolation (and we may add.tkii' 
prisonment) of half the persons sentenced might be dispenei 
with. Of 300,000 persons convicted 57,000 were for violatigi 
of police ordinances, etc.; 7000 or 8000 imprisoned for diiit; 
5500 foreigners expelled from the country, and 18,000 or 14,M 
awaiting transfer; and 12,000 serving sentences of less tka 
six days. The short sentences, almost always served in ooa- 
pany with habitual criminals, can have no intimidating efet, 
especially with the ridiculously short sentences of one and tins 
days possible under the penal codes of Holland and Itd|f. I 
The effects, on the contraiy, are disastrous, since they wabi | 
impossible for justice to be taken seriously. By taldng sii9 
all fear from the minds of the persons convicted, they diHe 
them irresistibly to new offenses, on account of the disiutf 
already incurred. 

Accordingly, other repressive measures must be substitotel 
for imprisonment for minor offenses, such as confinement ai 
home, security for good behavior, judicial admonition, isA 
forced labor without imprisonment, local exile, corporal p®- 
ishment, conditional sentence. Let us look into these oe* 
means. 

S ai2. Corporal Punishment — Confinement at Home 

Corporal punishment for minor offenses would be an affi' 
lent substitute for imprisonment, if applied in a manner a 
harmony with our civilization. Fasting, the douche, and hxi 
labor would be incontestably very efficacious, and at the sitf 
time less costly and easier to apply in varying degrees, b 
England whipping has been reintroduced, and, according*^ 
Tissot, with success. Not less useful would be the confineoe^ 
of the guilty person in his own home, a measure already ^ 
ployed in the army. 



§ 214] PENALTIES, FINES, PROBATION SYSTEM 389 

$313. Fines 

After corporal punishment the penalty which is most easily 
adjusted and most efficacioiis, provided it is guaranteed by 
bond, is a fine. Apphed in proportion to the wealth of the 
culprit, it would contribute to diminish the enormous judicial 
expenses, while striking the criminal rich, who escape punish- 
naent most easily on their most vulnerable side, the side from 
which they are most often impelled toward evil. Bonneville 
de Marsangy truly remarks that a fine is the most liberal, the 
most divisible, the most economical, the most completely re- 
missible punishment, and therefore the most efficacious. The 
more we advance, he says, the more value money has in this 
aense, that the number of pleasures it can buy becomes il- 
timitable. Further, the number of those who use money for 
pleasure increases also, so that the more we advance the 
more useful a fine becomes. Fines ought aways to be employed 
for the punishment of those guilty of minor offenses, thus di- 
minishing greatly the number of imprisonments. According 
to the code of criminal procedure in Holland, proceedings 
against a person guilty of a misdemeanor are not begun if 
the offender on being called is willing to pay the maximum 
fine. The case goes on only in the event of refusal to pay. 
For offenses for which the penalty woiild be not more than a 
month's imprisonment, this function could be exercised by the 
Chamber of Advice, which could stop the proceedings upon 
Ihe payment of a fine by the defendant. Those who refused 
to pay would be sentenced to labor; and if they refused to 
Bobmit to this, they would have to serve a prison sentence 
made as severe as was consistent with health and life. 

As for the objection that the fine is difficult to proportion, 
it does not deserve to be taken seriously, for while a rich man 
does not care a.s little for one day in prison as a vagrant does, 
a fine of 10,000 francs from him would be the equivalent of a 
few francs from a poor man. 

I 3x4. Indemnity 

A fine permits also the indemnifying of the victim, and in 

Qus way we strike at the root of crime, so much the more since 





390 CRIME; ITS CAUSES AND KEMEDIES [§21S 

the greatest number of criminals from cupidity are drawn 
from the profcsinioiial and other well-to-do classes. The penal 
judges themselves should be obliged to fix the amount of 
damages to be paid, in order to avoid the delay and discomfort 
of a new trial in the civil court, and tlie public prosecutor br 
virtue of his office should caU for the fixing of damages in cases 
where, whether through ignorance or fear, the victims take no 
action. Bonneville de Marsangy proposes to grant the victim 
a special lien upon the property of the convicted person. The 
indemnity should be collected by the state along with tlie 
expenses of the trial, and, if necessary, a part of the returns of 
the prisoner's labor should be retained in favor of tlie 
victim. 

S ais. Reprimand and Secuiitr 

The judicial reprimand as substitute for punishment in tbe 
case of minor offenses is already admitted in the codes of Italy. 
Russia, Spain, and Portugal; also in the canton of Vaud, and 
in the Roman law which prescribed, "Moneat lex antequam 
puniat." ' However, if admonition can be efficacious in caao 
of the pranks of the young, brawls, and insults, it is not serions 
enough for the offenses of criminaloids without security, vrhicii 
is really a suspended fine. The magistrate obliges the culprit 
to deposit a sum of money which shall guarantee society against 
his relapse. The deposit b made for a definite time, afta 
which it is restored to him if his conduct ha.s been irrepreben- 
sible. This practice is allowed in the United States and in 
Denmark, and it is certain that the obligation to deposit a 
sum of money and the fear of losing it in case of relapse ace 
much more effective in preventing rioting and violence than 
a few days in prison. 

The security for good conduct is no less useful. "When the 
magistrate, in place of inflicting punishment demands of the 
defendant a guarantee that he will not disturb the peac* tt 
another, or that he will maintain good conduct, or abstain from 
certain definite acts, he warns him that in case of a new offense 
he will be subjected to a more severe penalty than would have 
' "Let the law warn before it punisheB." 



been inflicted for the first transgression." This measure has 
'been adopted into the Spanish code; and in England it has 
'been in operation from early times under the form of "recog- 
nizances to keep the peace," and of "good behavior," demanded 
by the justice of the peace from bad characters, or from a per- 
'^aon who has threatened another, always upon the demand 
ol the person threatened, supported by evidence. The same 
'hnethod has been authorized since 1861 as an accessory penalty 
Hn connctions for crime, 

S 3i6. Probation SfStem— ConditioDsl SeDtence 
The best preventive institution for minor or occasional ' 
criminals is the probation system, widely used in the United 
States, especially for young criminals. A young criminal, not 
a recidivist, is not put into prison, but receives an admonition I 
"from the judge, who warns him that at the first relapse he will I 
''be sentenced; and he is placed under the surveillance of a 1 
' special officer of the state. If this officer finds that in his ' 
huoily he is not receiving a proper education or sufficient over- i 
'nght, he is put into a special home for neglected children. If 
' he commits a fresh offense he is again brought before the court 
'and sent to a reform school. 

' This system has given such excellent results in Massachu- 
'setts that the idea was suggested of extending it to adult 
criminals, and the law df 1878 instituted a special official, the 
** probation officer/'^This officer is supposed to inform himself 
witli regard to all persons convicted of misdemeanors by the 
courts oiSoKUta, and to determine, by the aid of the informa- 
tion received, whether the offenders are capable of being re- 
formed without the need of the infliction of a penalty. He is 
present at the trials of all those for whom repressive measures 
do not seem to be necessary', and after having made known the 
results of his investigations (of which the principal aim is to 
ftiscover whether there has been a previous conviction), he asks 
that the culprit be released on probation. If the court con- 
■ents to this the culprit is put on probation«fai-tt |nniuiii|>hlLtr 
may my fmtn two tooaths-to twelve, under conditions imposed 
hy the court. The probation officer formally imdertakes to 



r 



392 CRIME: ITS CAUSES AND 

see that the conditions are carried out, and has the right at 
any time during the period of probation to arrest the culprit 
for any cause whatsoever, and to bring bim before the court 
again in order to have him undergo the sentence which bad 
been suspended. When the term of probation has expired, tie 
probation officer asks that the sentence be annulled, but in cer 
tain cases he may ask that the time first fixed be prolonged, 
'he number of persons released on probation in the city <A 
Boston, guilty of drunkenness, receiving stolen goods, petit 
larceny, and assault and battery, reached 2803 during the 
period from 1879 to 1883. Of these. 223 did not conduct 
themselves properly during the term of their probation, were 
brought to couEt again, and had to undergo the penalty; H 
took Sight, and could not be apprehended. In 1888 out of 
244 persons put upon probation, 230 appeared to be reformed. 
Many of these promises, without doubt, have not been kqit, 
but on the whole the desired effect seems really to have been 
attained, The officer declared that nearly 95% of the personi 
under his charge the previous year had maintained good con- 
duct and had been released; only 13, recognized as incorrigihie, 
had had to undergo punishment. The experiment has been 
so successful that the law of 1880 extended the application of 
it to the whole state of Massachusetts. 

An analogous system was put into operation in England by 
the " Probation of First Offenders Act" of 1887; but wh3e in 
America the concurrence and cooperation of the prohatioa 
officer guarantee the good conduct of the culprit, in England 
the pledge of the offender himself is required, or at least the 
concurrence of a bondsman whose assistance will be most 
efficacious, since he is stimulated by the thought that a frtsh 
offense will forfeit the bond. Further, the English law demaods 
special grounds for a release on probation, and allows the 
magistrate to fix the time without the intervention of any 
special officer. According to a letter of Colonel Howard pub- 
lished by Professor von Liszt, the number of persons con(B- 
tionally released between 1887 and 1897 reached 20,000. v.i\h 
9% of recidivisms.' 

' "Bulletin o( the Internationa] Union of Criminal Law," Mav, 1887. 



Hi217] PENALTIES, FINES, PROBATION SYSTEM 393 

^H In Belgium this institution, introduced by law in 1888, bore 
■^immediate fruit. The minister of justice reported to the 
chamber in 1891 that of 449,070 persons convicted, 27,564 were 
conditionally released and only 2% relapsed into crime. These 
persons admitted to probation had been convicted for damage 
to property, blackmail, fraud, breach of trust, defamation of 
character, seduction of minors, marriage brokage, indecent 
esposure, threats, adulteration, unintentional injuries, appro- 
priation of lost objects, mendicity, vagabondage, the carrying 
and sale of forbidden weapons, unintentional homicides, kid- 
napping, attempted rape, arson, and fraudulent bankruptcy. 
The crimes handled in this fashion, then, were mostly those 
that are committed by occasional oEfenders, and only a few 
Guch as born criminals commit. 

In France also this new institution has been tried since the 
passage of the Berenger Law in 1891. M. Dumas, director 
of penal affairs, reported in 1893 upon the first nine months' 
experience with the law. The correctional tribunals had pro- 
nounced 11,768 conditional sentences, of which 7362 were for 
imprisonment and 4406 were fines. Tliis was out of a total of 
162,£82, of which 97,845 were prison sentences and 15.337 were 
fines. Hence the sentences suspended represented 7.5% of the 
prison sentences and 6,7% of the fines. 

In New Zealand and Australia in the first period of two 
years, according to the report of the minister of justice, the 
results of the experiment were excellent. Of 121 persons 
admitted to probation, 58 had conducted themselves properly, 
9 had not fulfilled the obligations imposed, 1 had taken flight, 
and 53 were still in a state of probation at the end of the second 
year. From the 1st of October. 1886, to the 31st of Decem- 
ber, 1888, in New Zealand, according to the report of Captain 
Hume, sentence was suspended and replaced by probation for 
203 persons, of whom 70% appeared to be reformed and 6% 
were arrested again. 

ill?. The Refomutory at Elmln 

Another method of applying the principle of which we have 

been speaking is found in the Elmira Reformatory, which waa 



394 CRIME: ITS CAUSES AND REMEDIES ^217 

created by Brockway under the inspiration of my "Homnie 
Criminel," as he himself says, and of which Winter, Way, and 
Ellis have given good descriptions.^ To this establishment aie 
regularly sent only young men between 16 and 30 years of a^ 
guilty for the first time o( a minor offense. The law granti 
unlimited authority to the board of directors,' who may set 
the prisoners at liberty at any time before the expiration d 
the sentence. The liberation is to be based upon a strong 
conviction that the culprit is reformed. The only formality 
which accompanies it is the word of honor that he gives the 
superintendent. However, though the tmard can shorten the 
sentence for the better prisoners, it cannot lengthen it for 
the others. 

Brockway concentrates all his efforts upon gaining a knowl- 
edge of the young criminal, of his psychological conditions, of 
the environment in which he has lived, and of the causes whidi 
have contributed to debase him. From these he deduces the 
means to bring about his reformation. He sets himself to 
develop the criminal's muscular system by douches, massage, 
gymnastics, and by a proper dietary-, and to strengthen his will 
by making him take part in procuring his own liberation. 
Immediately upon arriving at the prison the prisoner takes a 
bath, is then clothed in the uniform of the prison, is photo- 
graphed, examined, and vaccinated. For two days he b shut 
up in his cell to meditate upon his crime and to prepare him- 
self for reformation. The third day he is brought before the 
superintendent, who places him, according to his tendencies 
and schooling, in a school or industrial class; and be is nude 
to understand his duties and the conditions up>on which be 
may regain his liberty. He is instructed in a trade (more than 
75% of the prisoners know none) which shall permit him to 
earn his living after his liberation. This is the first care of the 
management. 

' Alexander Winter^ "The New York Reformatory at Hmira," widi 
preface bv Havelock Ellis, London, 1891; "Fifteentfi Annual Rpport of 
the Board of Managers of the New York State Rcfortnatorv at. Elmira," 
Jan., 1891. 

' The board of directors consiate of the aupfrintendent and fiv* otha 
members appoint^ ^by the governor of the state with Ihe conaenl of tlx' 
Senate. 



§217] PENALTIES, FINES. PROBATION SYSTEM 395 

The young prisoners are divided into three classes, — the good, 
the medium, and the bad or least corrigible. Each prisoner 
is marked monthly according to conduct, work, and progress 
in school, with a maximum of three for each; and to pass to 
the highest class he must obtain the maximum of nine marks 
each month for six months. Promotion to the first class 
carries with it certain advantages, especially Tiith regard to 
correspondence; such as receiving visits, having books, and 
eatiog at a common table instead of in a separate cell. Finally 
the better prisoners are permitted to take walks together in 
the field, and responsible tasks are given to them, such as 
superintendence of the other prisoners. But just as they may 
win a place in the first class, so by negligence or bad conduct 
they may fall out of it. In this case they are put back into 
the third class, and must submit to harder work in order to 
regain their position. Brockway. taking account of the apti- 
tude and physical strength of each prisoner, fixed at the begin- 
ning of each month the amount of work that he must accomplish 
in order to obtiun the maximum number of good marks. 

Each week there is published in the reformatory the "Sum- 
mary," a paper conducted exclusively by the prisoners theni- 
sdves. It contains a review of the political events of the 
week, taken from the better American newspapers; in addition 
there are items with regard to the life in the institution itself, 
lectures that have been held, promotions and degradations, and 
the liberation of prisoners. I have been receiving this paper 
for a year, and find that no juristic organ in Italy or France 
is so rich in news and especially in information as regards 
criminality. 

All the work of the institution, even to the superintendence 
and guarding, is done by the prisoners themselves, so that the 
expense is reduced to a minimum. At the same time the work 
of the prisoners is chosen with a view to fitting them for life in 
society, and not to making the institution pay a profit. The 
prisoners in the first class are intentionally exposed to various 
kinds of temptations. After six months Brockway proposes 
to the board that they be pven conditional liberty. The board 
has a right to refuse permission, but, as a matter of fact, always 



396 CRIME: ITS CAUSES AND REMEDIES [§217 

authorizes the liberation when Brockway considers it adiii- 
able. The release takes place, however, only after permanent 
employment has been found for the prisoner. After being 
liberated he must give account of himself regularly for the first 
six months at least, and receives complete liberty only at the 
end of a year of good conduct. 

This is, then, the probation system perfected. No one is > 
warmer partisan than I myself of this reform, which is the 
first practical apphcation of my studies. I believe firmly thit 
the individual and physical study of each criminal, with pnc- 
tical, individualized instruction, can but have excellent results 
when applied to criminaloids. In these it will inculcate espe- 
cially the habit of working. 

But for born criminals this method does not seem to me 
equally efficacious. When I see that 49% of the inmates of the 
Elmira Reformatory are completely lacking in moral sensibility, 
that H% have left home before they were 14 years old, that 
37% come from drunken or epileptic parents, and that 5fl% 
show no signs of repentance, I do not beUeve that they can be 
reformed by hot and cold baths, great actiWty, and a sound 
education. I feel this the more since the more promising dtit- 
dren are there in limited numbers and are mingled with the 
adults. In fact, if we examine the detailed statistics of 17tt 
prisoners set at liberty after remaining at Elmira for an avera^ 
of 20 months, we find that 156 are settled in other states; 10 
are dead; 128 have not yet finished the term of their probation; 
185 could not be liberated until the expiration of their full sen- 
tence; 271 have been given partial liberty after having com- 
pleted six months' probation satisfactorily; 47 were arrested fgr 
other offenses during the time of their probation; 146 did not 
furnish the reports required, and disappeared; 79 have had to 
be returned to the reformatory; 25 returned voluntarily, having 
lost their employment. Leaving out the 10 who died, we have 
533 who were not reformed, that b to say 31%, a proportion 
closely approaching that which I have given for bom criminals. 
Moreover, the supervision of the indi\-iduals under probatJon 
is so superficial, that if we count as recidi\-ists those who ha« 
been lost sight of, we shall approach much more nearly to iJie 



§218] PENALTIES, FINES, PROBATION SYSTEM 397 

reality than if we presume that they are reformed as Brockway 
does. 

But notwithstanding these defects this system, together with 
the agricultural colony system, is the best possible substitute 
for the prison. 

i ai8. Asjlums for the Crimiiul lasane 
There is another institution which we believe destined to pro- 
mote harmony between humanitarian impulses and the safety 
of society; namely, asylums for the criminal insane. We might 
argue indeSnitely upon the abstract theory of punishment, but 
the whole world is agreed upon one point: that among real or 
supposed criminals there are many who are insane. For these, 
prison is an injustice and liberty a danger to which in Italy we 
have opposed only half- measures, such as violate both mo- 
rality and the social safety. The English, who have arrived at 
reforms by the practice of true liberty, have been trying 
for a century to fiU up this most dangerous gap in the social 
structure, and have in large measure succeeded through the 
institution of asylums for the criminal insane. Beginning with 
1786, dangerous lunatics were confined in a special ward in 
Bedlam, from which they could not he released except by the 
authority of the Lord Chancellor.' In 1844 this measure ap- 
peared to be insufficient, and the state resolved to confine 235 
of the criminal insane in the private institution of Fisherton 
House. But the number of these unfortunates increased con- 
tinually, and special institutions were finally erected at Dun- 
drum in Ireland in 1820, at Perth in Scotland in 1858, and at 
Broadmoor in England in 1863. New laws ordered that not 
only those should be received there who had commited a crime 
in a state of insanity, or had become insane during their trial, 
but al.so all prisoners who, whether from insanity or from idiocy, 
were incapable of undergoing prison discipline. These last are 
separated from the others and placed in particular sections; if 
cured they are returned to prison: the others remain in prison 
as long as a royal order does not authorize their release. The 

' Stat. 34 Georgp III, ch. iv: "Whoever hus committed manslaughter 
higti treasoD ahall be kept in a place of safety during the pleasure o[ 
I Majesty. " 





398 CRIME: ITS CAUSES .VND REMEDIES i§218 

number of these criminal maniacs in 1868 was 1:244.* The 
character of the attendants, the attention to the comfort of the 
inmates, and the arrangements for their employment and e 
tcrtainment are all excellent, yet many English philanthropist! 
think that they have not yet done enough, and complain tlut 
there are many persons In the ordinarj- prisons who should be 
confined in these asylums instead. 

In America there are similar institutions, including an an 
to the great penitentiary at Auburn. 

Now I ask myself; Is it possible that an institution, which 
has been found useful by the most oligarchical nation in the 
world and also by the most democratic, which in 24 years hu 
been so greatly extended without yet fully meeting the demsnils 
Upon it, — ia it possible that this is a mere luxurj', a caprice rf 
Anglo-Saxon race? Does it not rather correspond to a sad 
social need, and ought not we, here in Italy, desire to see it 
take root and spread abroad in our land? If in Italy and li 
France the number of the criminal insane appears to be mudl 
smaller, this is because the public mind has not yet grasped llie 
fact that a great number of criminal acts proceed from morbid 
impulses. If at times insanity is recognized as the sole cause 
of a crime and the trial is stopped, the authorities do not cob- 
cern themselves further. Besides, many of these unfortunstet 

> On Jan. let, 1868, there were in Braadnioor 616, of whom 506 «M 
men and 110 women. These had committed: 

Men Women Total 

Capital crimes 188 69 257 

Simple crimes 152 52 2(M 

Attempted suicide 74 29 103 

Already epileptic 43 G 49 



From I8S2 to 186S there were 770 entriee, 39 peraons were currd, 5S 
died, and 5 escaped. 

In Dundrum (Ireland), from 1850 to 1863 there were recd%-t><l 2S0 
insane criminals, of whom 173 were men and 77 were women. Of the ~ 
38 were cured, 41 died, and 3 escaped. Their crimes were as toUo»: 

Homicide 79 

Burglary 72 

Assault 30 

Theft 12 

Minor offenses 32 

See Pelman, " Psych i at rische Reiseerinnerungen aua Englandj" ISIft 
"Seventh Report on Criminal Lunatics," 1869. 



§218] PENALTIES, FINES, PROBATION SYSTEM 399 

have periods of rationality in the midst of their insamty, and 
are supposed on this account to be merely feigning.' 

From another point of view the presence of these unfortunates 
in penal institutions is an offense to the moral sense, and it is 
not without danger, both for society and lor discipline; they 
can neither be cared for nor watched properly because of lack 
of fit quarters and of a suitable organization. Further, they 
often act violently and without sense of shame toward the other 
prisoners, and are so much the more dangerous since they have 
sudden fits of excitement, often for the most trivial reasons. 
Thus an insane prisoner killed another of the convicts because 
he would not black his shoes for him. At the same time they 
obetinately resist the prison discipline, show themselves indif- 
ferent to punishment, discontented, and defiant, and make 
themselves the center and pretext of continual insurrections. 
If they are kept isolated and chained in cells, as is too largely 
ttie custom, inaction, and insufficient food and light soon make 
them the prey of disease, even if they do not themselves put an 
end to tlieir unhappy existence. On the other hand, to send 
them to ordinary insane asylumns gives rise to other incon- 
veniences. They take their vices with them, and become the 
disseminators of sodomy. Sight, rebellion, and theft, to the 
detriment of the institution and of the other patients, who are 
terrified by their savage and obscene manners and by the 
unhappy reputation that has preceded them. 

There is another class of the insane who, at a certain period 
of their Uves, have been victims of a criminal impulse. These 
have not the depraved tendencies of the first class, but they are 
not less dangerous, for they are often irresistibly driven to sav- 
age and unforeseen acts. They wound persons and bum build- 
ings, surmounting with remarkable clearness of mind all the 
obstacles that oppose them. There are those of them who feign 
the most perfect tranquillity in order to obtain their liberty or 
to combine secretly for an escape or a plot. They do not avoid 
society as other insane persons do, but tend to associate among 
themselves; and, as they preserve the restlessness of mind that 





400 CRIME: ITS CAUSES AND REMEDIES I§21S ' 

they had before they became criminal or insane, they eontinu 
ally imagine that they are maltreated or insulted, and succeed 
in inspiring others with their false ideas and in giving form 
little by little to plans for flight or rebellion. This again diffa- 
entiates them from ordinarj' lunatics, who are quite incapaUe 
of such enterprises, but, like somnambulists, live isolated in u 
imaginary worid. 

All alienists are in agreement as to these facts, and I mysdf 
have had direct proof of them in the institutions of which I 
have been director. Thus Er., an insane person already im- 
prisoned for receiving stolen goods, complained incessantly ol 
the injustice of the courts and of our treatment of him, whidi 
he did not find sufficiently respectful. He wrote absurd letten 
of protest to the King and to the prefect. One day he appeand 
entirely changed, he had become humble and well-behaved; be 
had set himself to plotting with three other patients for a slau^ 
ter of the attendants, and a little later, while the attendants 
were engaged in distributing the soup at noon, he and his ci-n; 
panions tore up part of the paving of the court and b^an ! 
throw the stones in all directions. A few years later an epilep;  
homicide did the same thing and nearly succeeded in putting 
the whole force of attendants to flight. Another insane crim- 
inal, a honucide with hallucinations, was so intelligent, that 
although he was a poor shoemaker without education, he «» 
able to write his autobiography in a style worthy of Cellini 
This man conducted himself properly for two years, but one 
day there was discovered hidden in his bed a bar of iron whidi 
he had prepared for the express purpose of striking mysrft 
Another day, baring made a picklock of some pieces of wood, 
he opened two doors, let himself down from a window, and es- 
caped. All investigators who have treated of this subject ffvt 
examples of the danger of unexpected relapse into mori>id ten- 
dencies on the part of individuals apparently harmless.' Tbf 
burgomaster of Gratz some years ago became the victim of i 
religious monomaniac, who had already threatened the life u' 

1 "AnnaJes Medico-pay cholo^ques," 1846, p. 16; Falret, 
Aliunde Dangcreux." 1870; Solbng, "Verbrwhen und Wahnainn," Mm 
1870; Delbnick, ''Zeitechrift ftlr PHychiatrie," XX, p. 478. 



§218] PENALTIES, FINES, PROBATION SYSTEM 401 

another person, Hatfield, before making his attempt upon the 
life of George III, had attempted to kill his wife and three chil- 
flren. Confined in Bedlam, he there killed an insane person. 
Booth, the assassin of Lincoln, had once thrown himself Into 
the sea, to speak, as he said, with a colleague who had drowned 
himself. 

The harm of the unrestrained liberty given to insane crim- 
inals ends by extending itself to the whole nation. This is not 
simply because these unfortunates turn their homicidal thoughts 
towards the heads of the nation, but especially because, being 
endowed with a very clear mind and a tendency to form associ- 
ations, they succeed, when the moment is favorable, in forming 
8 partisan band. This is the more dangerous because the leaders, 
lacking balance of mind, are unable to control themselves, but 
act upon the mind of the mob by the veiy fascination of their 
strangeness, and succeed in drawing them blindly after them. 
They are, we might say, ferment germs, powerless by them- 
sel%es, but terrible in their eCfects when they can act at a given 
temperature and upon a predisposed organism. Historic ex- 
amples of this are to be found among the epidemics of insanity 
in the Middle Ages, among the Mormons and Methodists in 
America, in the incendiaries of Normandy in 1830, and in those 
of the Commune in Paris, We know now that, leaving aside the 
influence of certain rare idealists, the Commune was the effect 
of an epidemic delirium called forth by defeat and the abuse 
of absinthe, but especially by the great number of the insane. 
ambitious, homicidal, or even paralytic, freed too soon from the 
asylums, who, finding in this over-excited population a propi- 
tious soil, united and put into action their disastrous dreams. 
Laborde ' cites at least eight members of the Commune who 
were notoriously insane. Such were Eude, Ferre, Goupil, 
Lunier, and Flourens, and such was B., who nevertheless was 
elected by 10,000 votes. The horrors of the French Revolution 
also were often provoked by the delirium of homicidal mono- 
maniacs like Marat and Teroigne. The Marquis de Sade was 
president of the section of the "Pikemen." 



"Lee Honmiee de I'laaurrection de Paris devaat la Peychologie," 





402 CRIME: ITS CAUSES AND REMEDIES [JSIS 

The one remedy for all these evils is unquestionably the in- 
stitution of asylums for the criminal insane. If these receiTed 
legal recognition and their position were unequivocally fixed, 
the continual conflict between justice and public safety would 
cease, a conflict which now is renewed every time one of these 
unfortunates comes to trial and an attempt is made to dete^ 
mine how far he was driven by morbid impulses and how far 
by the perversity of his own will. In doubt the judges estri- 
cate themselves, now by an injustice, now by an imprudence— 
the latter when they lighten the sentence of a man who appean 
insane, or acquit him altogetlier; the former, when as, alas, too 
often happens, they condemn, perhaps to death, one whom as 
alienist would recognize at once as insane. 

Many will object, it is true, that if we allow ourselves to be 
led by these considerations we shall end by punishing no one. 
But the same objections were raised against those who opposed 
the burning of those insane unfortunates whom men called 
witches. 

This position should not be ascribed to a sentimental pi^. 
dangerous to others, for the measure is preventive evai moit 
than humanitarian; since if those unjustly con\'icted are nu- 
merous, those imprudently acquitted are not less so. The thing 
to be done, then, is to prevent them from returning to sodely, 
to which they are a great source of danger, until we have cveiy 
assurance that they have become perfectly harmless. 

It may be objected again that it is easy to confuse those who 
feign insanity with those who are really insane; and, in fact, 
the number of these is very great among criminals. But the 
most recent studies have shown us that mistakes are made only 
because so many observers are ignorant of the oonnectvw 
between moral insanity and crime; and because, moreover, i 
is very difficult to make a true diagnosis, since many of the 
persons pretending insanity are really predisposed to it, so that 
in a short time they become actually insane, or are genoioe 
insane persons who, ignorant of their true disease, ea^ly pre- 
tend an artificial one. Further, these patients often preseot 
verj- rare forms of mental disturbance, and on this account the 
distrust of the physician is quite rightly aroused. Jacob! 



A 1 



§21S] PENALTIES, FINES, PROBATION SYSTEM 403 

that he had to change his opinion four times about an insane 
person who appeared to be feigning insanity but proved to be 
really insane. A thief who was pronounced by Delbrticfc to be 
feigning insanity starved himself to death. Another pretended 
that he had in his right leg a disease that he had in reality in 
his left. A homicidal monomaniac imitated in prison a form of 
insanity which he did not have, and did this, as he told me, to 
escape sentence. But if some criminals really succeed in feign- 
ing insanity, the perpetual seclusion in a hospital for the insane 
will be punishment enough, even if modem society, not content 
with defending itself against them, still wishes to revenge itself 
upon them. Insane criminals, in fact, complain incessantly of 
b^ng kept in the hospitals, and demand with loud cries to re- 
turn to prison. There is, for example, the case of Trossarello, 
who would not allow his counsel to defend him as insane, pre- 
ferring to be executed to being immured in an insane asylum. 
Would not the asylum for the criminal insane be the best means 
of making such criminals harmless? I do not know whether 
Vacher merely pretended to be insane, or was really so; but 
if he had been permanently confined in an insane asylum the 
lives of several men would have been spared. 

Wiedemebter objects, further, that the asylums for the crim- 
inal insane in England are often the theater of sad scenes of 
blood, and require for their maintenance three times the expense 
of the others. This is true, for the tendency to make plots. 
very rare in the ordinary asylums, is, on the contrary, very 
frequent in the criminal asylums, since the inmates know that 
they will never be released, and furthermore, being conscious 
of their impunity, destroy clothing and utensils, attack the at- 
tendants, wound, and kill. In 1868 there occurred at Broadmoor 
7S cases in which attendants were injured, two of them verj' 
seriously; and the daily expense, (specially great because of the 
damage done by the insane and the high pay given the attend- 
ants, reached five francs for each insane person. There is 
nothing, however, to wonder at in that, nor should it cause 
any serious opposition, for it is natural that the bringing to- 
gether of so many dangerous individuals should bring great 
dangers with it, especially to the poor attendants, who, not- 





404 CRIME; ITS CAUSES AND REMEDIES (§ 21S 

withstanding their high wages, seldom remain long in the ser- 
vice.' But if it were not for the asylums for the criminal insane 
these things would occur in the ordinary asylums. Besides, 
the subdivisions recently introduced by Orange at Broadmoor 
have greatly improved conditions. First the convicts arc sep- 
arated from the others; then those who have been indicted but 
not convicted; finally the ordinary prisoners, who have betn 
sentenced to short terras for crimes of little moment, are re- 
turned to the county asylums. The government has carried 
the reform to completion and removed all inconveniences by 
setting aside one wing of the Woking prison for convicts who 
become insane while in prison. 

The statistics of asylums for the criminal insane show that 
they have a noticeably lower mortality rate than the general 
asylums. This is an encouragement to establish more of these 
institutions, and at the same time a proof that conditions in 
them are not as bad as has been represented. 

The expense does not appear to be so excessive when one 
compares it with the cost of caring, not for ordinary insaae 
persons, but for the violent insane, who, needing double watch- 
fulness, occasion a considerable expense. It is necessary also 
to take into account the expense occasioned by escape, fre- 
quent in the case of the violent. In Massachusetts this expense 
has been estimated at not less than $25 a day while the escaped 
lunatic is at large. This is even one of the reasons that led the 
state to erect an asylum for the criminal insane. We may add 
that the expense could be considerably diminished by trans- 
ferring to the asylum a number of the better penitentiuy 
guards at an advanced pay; in this way the frequent changes 
of attendants would be avoided, and at the same time men 
accustomed to this sort of danger and not easily intimidated 
would be secured. Finally, the number of inmates might be 
cut down by removing criminals who become inoffensive, by 

' Attendants receive an average compensation of from £30 to £40. tin 
head attendant from £150 to £175, his asaiatant from £40 to £60. Tbrn 
who are married have a family apartment, a school for thdr duUrefl.* 
library, reading-room, and smoking-room. Yet in 1867 69 gave up tlxir 
poBitiooe, and 64 in 1868. In Broadmoor there ia 1 attendant to 5 patientt. 
in Dundrum 1 to 13. The expeoee for clothing destroyed reached £512 to 



§ 218] PENALTIES, FINES, PROBATION SYSTEM 405 

^limiTiftfing those who come from prison in an acute state of 
insanity and are therefore, as the experience of Gutch in Bruch- 
sal shows, more likely to be cured, and also by retaining in the 
prison infirmary, under strict surveiUance, those prisoners who 
are suspected of feigning insanity. 



CHAPTER m 

PENALTIES ANTHROPOLOGIC ALLY ADAPTED TO THE BEX, AGBi | 
ETC., OF THE CRUflNAL, AND TO THE NATURE OF THE CHIHE ' 

S aig. Sex 

As I have shown in Chapter XIV, and in my "Female 
Offender," we may conclude that the true bom criminal 
esbts among women only in the form of the prostitute, who 
already finds in her lamentable calling a substitute for crime. 
Most female criminals 

"are only criminals from accident or passion, passing fre- 
quently from one to the other of these two classes. They very 
rarely show the type and tendencies of the criminal, and com- 
mit only from 11% to 40% as many crimes as men. They 
lead, it ia true, in poisoning, abortion, and infanticide; but of 
the highway robberies only 6% to 8% are committed by 



We may add that the crimes which are more essentially 
feminine, such as abortion and infanticide, are just those for 
which there is least need of punishment, being almost alwaji 
committed at the suggestion of the lover or husband. It it 
often sufficient to separate the criminals. 

The penalty for the greater number of female criminals coukt 
be limited to a reprimand with suspended sentence, except in 
the very rare cases of poisoning, swindling, or homicide, io 
which it would be necessary to confine the offender in a cott- 
vent, where, on account of their great susceptibility to sugges- 
tion, religion could be substituted for the eroticism that is &t 
most frequent cause of their crimes. I have had proofs of this 
in a cellular prison under my charge, where, however, the nuns 
in attendance were not especially well fitted for their duties. 
As for those who relapse two or three times into sexual 
the only method would be to enroll them in the official 



§220] PENALTIES ADAPTED TO SEX, ETC. 407 

prostitutes, which would have the advantage of preventing 
clandestine prostitution, much the most harmful sort. 

Recognizing the great importance which women attach to 
dress and ornament, we may often in minor offenses, such as 
thefts, brawls, and slanders, replace a prison sentence by penal- 
ties which will touch female vanity, such as cutting the hair, 
etc. In adopting special penalties for women we shall only be 
returning to usages of the ancients, the Jews, and the Germans. 
In Russia in the Middle Ages a woman who struck her husband 
had to ride upon an ass with her face toward the tail. In 
England women who quarreled among themselves had to go 
through the village with a weight chained to their foot; sland- 
erers and busybodies had to wear a muzzle,' Konrad Celtes 
writes in hb "De Origine, Situ, Moribus, et lostitutionibus 
Germanite" : 

" Women who have been brought into disrepute because of 
witchcraft or superstitious practices, or have been guilty of 
infanticide or abortion, have various punishments inflicted 
upon them; being either sewed up in sacks and drowned, or 
even burned to death, or buried alive. Yet these cruel pun- 
ishments are not sufficient to prevent their continually adding 
crime to crime."' 

£ azo. Abortion 

The crimes of abortion which do not have professional gain 
for their object ought to be punished only by reprimand or 
putting upon probation. It is to Balestrini that the credit is 
due for demonstrating that the procuring of an abortion ought 
not to be treated as a crime;' for the lawmaker cannot in 
this matter pretend to be protecting the family, since this 
crime is most often committed by unmarried mothers just with 
the object of not creating an illegitimate family. Regarded as 
a defense of the person, such a law would have no force except 
where the abortion was procured without the consent of the 
mother. The abstract legal object is equally without standing, 

' "Revue des Revues," 1895. 

' LombroBO, in "Proceedings of Second Penitentiary Congreaa," 1865; 
lloraglia, in "Archivio di Pgiehiatria," 18M-95. 
, * RaSoello Baleetxini, "Aborto, Infonticidio, ed Espouzioae d'lofante." 




408 



CRIME: rre CAUSES AND REMEDIES 



15221 



since society has aothing to gun from the birth of UlegitimBte 
children. The fiction of civil law which extends personality 
to iinbora children cannot be carried over into criming law. 
The legal existence of the fcetai life as a part of the soool 
structure is, moreover, very contestable; an embryo does not 
represent a real human being, but a being still at the stage of 
animahsm, or rather a lower animal, which, in the earlier months, 
it would take an embryologist to recognize as human at ail 
\o right is injured, then, by an abortion produced by a woman 
upon herself, not even by the danger which she incurs, no one 
being able to prevent another from injuring biraself. 

We may add that indictments and, still more, convictions ate 
very rare, and that there is the risk of an unjust conWotion 
from the difficulty of obtaining certain proof except in ve»y 
rare cases.' In Italy in 1863 out of 9 women tried 4 were 
acquitted; in 1870 there were 4 acquittals to 8 indictments, 
and in 1881 the same number to 13 indictments.* In Eng- 
land from 1847 to 1849 there were only 3 cases of abortion 
tried, in 1850 there were 5, in 1851 4, in 1858 9, in 1853 
17, out of which number there were 12 acquittals. In 1853 
there was not a single trial for abortion in Scotland, and the 
same was true in WUrtemberg in 1853-54. And the rarit.v 
of convictions (28%) not only casts ridicule upon the law, 
but also makes it appear that there is injustice in the rare I 
cases where the penalty is exacted." 

{ 311. Inianticide 
All these arguments are applicable to infanticide also. Birth, 
the later development of the embryo, is only an imjust cause rf 
infamy to the woman without being any advantage to society, 
to which on the contrary it becomes a charge; for if the infant 
is abandoned it is received into a foundling asylum, where it 
is legally assassinated, the mortality in these establistunenb 
being so great as to be like a permanent epidemic. Thus in 
Syracuse the mortality of foundlings reaches 73%, at Modio. 
99%, and at Turin, 50%. 

' RoiTBello Balestrini, op, at. 

' "Statiflliche Giudiriarie Penali." 

* Bfwcaiia, " Dei DelitU e detle Pene." 



§221] PENALTIES ADAPTED TO SEX, ETC. 409 

It may be objected that we ought not to intetfeie with the 
increase of the population, but in that case we ought to pass 
laws against onanism. All thinkers recognize that law is a 
relation of man to man, having for its object to make possible 
the existence of man in society; that it has two terms, man and 
society, but man only in so far as he is a member of society. 
In the case of the foetus, and in the case of the newly bom 
child as well, we can recognize only one of these two terms 
fully; we may even say that the social element is completely 
lacking. *'It is evident, in fact, that both are rather under 
the guardianship of the mother, who constitutes their whole 
environment, than under that of society, of which they are 
still not directly a part." ^ The alarm of society for the life of 
an infant of whose existence it is still ignorant (for infanticide 
'* honoris causa" must necessarily take place before the birth 
of the infant is known) ought to be much less than that for the 
loss of an adult in the flower of his age.' 

We must, then, deduct from the theoretical evil caused by 
the murder of the new-bom child, the amount of certain or 
probable evil which would come from the preservation of a life 
which' exposes the father and mother to an irreparable loss of 
honor, compromises the peace of one family and sometimes of 
several, or, at least, in case the child is deserted, puts society 
in a perplexing situation; for, on the one hand, the imperious 
voice of charity imposes upon society the necessity of receiving 
the innocent foundling, while on the other hand reason and 
experience teach that, by constantly accepting the bringing up 
of these children as an obligation, it incurs the risk of enoour- 
aginig desertion and makes charity degenerate into a reward 
of immorality.' 

As for the direct harm caused by infanticide, it consists in 
the rappiession of an existence so threatened, by the frequency 
of still4nrth8 and the great mortality of foundlings, that it 
not all approach the harm done by an ordinary homicide. 

It is hardly necessary to add that a penitentiary sentence 

' Thwt^ ''Intiod. Fhiloeoph. k Tfitude du Droit PdnaL" 

* nikwiiliil, op. eU, 

• BoMiido^ '^Diikmario di Eoonomioa Politica.'* 



410 CRIME: ITS CAUSES AND BESIEDIES [§222 

would have the infallible effect of depraving the wonum, and 
of taking from her, together with the habit of housework, tlw 
meaus of rehabilitating herself when her term had expired. Ob 
the other hand, if we base the penalty upon the fear of a M^se, 
it can have no hold upon tlte infanticide, who is almost invaii- 
ably a criminal by accident or by passion, rarely a recidivist 
Probation, with security for good behavior, is here, then, very 
generally sufficient. Limiting in this way the repressive meas- 
ures against women, we shall prevent those decisions of judge 
and juries which seem so unjust when we compare the treat- 
ment of women with that of men. Out of 100 of each sei who 
came to trial at the Assizes in Italy, 34 women and 31 men 
were acquitted; 31 women and 19 men before the Tribunal; 
and 8 women and 6 men before the justices of the peace. In 
France, 25 women and 50 men were acquitted at the Assizes; 
and in Russia, 31 women and 34 men.' 

ja22. Age— Youth 

Prison is still less the proper expedient for the youth of 
either sex. I have shown that there are offenses which belong 
physiologically to childhood, such as cruelty to animals, ihefl 
of food, and cheating.' What is really useful in these cases is 
what we may call moral nurture, putting them into the care 
of respectable and kindly families, where the children will hf 
well treated, and where they will be submitted to the prap' " 
sort of suggestion, so powerful at that age. Here they will '' 
stimulated to continued activity for the satisfaction of thcii 
proper pride, and at the same time will be withdrawn fraa 
dissipation and idleness. Charitable institutions, agricultund 
colonies, and reform-schools like Bamardo's and that at Ehnin, 
rendered more useful by the application of new ideas drawn 
from psychology and psychiatry and by emigration to agri- 
cultural centers, will prevent the occasional crimes so fnequent 
at that age and will succeed in certain cases, if not in correcting, 
at least in usefully transforming, the born criminal, and in anv 
case will prevent him from contaminating others.' 

' Bosco, "La Statialica Civile e Penale," Rome, 189S. 

• "Homme Criminel," Vol. I. 

 1 have read in the "Bulletin de I'Union des Soci^Ue de PattotuT." 



iSJ PENALTIES ADAPTED TO SEX, ETC. 411 

J For this purpose it is necessary to avoid the detention prison, 
4riuch is the greatest source of corruption for youth. 

"We speak," says Joly, "of the prisons of the Middle Ages, 
tHi«re they found a dead man between two sick men in the 
tame bed. What we still do in our prisons is destined. I believe, 
:o cause quite a.s much astonishment by and by. We put a 
jerson awaiting judgment, who is innocent or perhaps only an 
•ocasional criminal, in contact with hardened offenders. . . . 
^Vance, with such promiscuities, transforms into malefactors 
luldren who have no tendency to crime," ' 

And all this has not even the advantage of making a selection, 
ince, as Joly very well observes, the children acquitted are 
rorse than those convicted. 

It is for this reason that every violent correctional measure 
usht to be regarded as harmful and we should turn to milder 
measures. Especially, remembering the great precocity i^uon 
riminals, the limit of age at which we begin their ap^ and Dro- 
ught to be set at some little time before nine ysflsiderably beyond 
►nged in the case of infantilism to a period co'^, also, according to 
aat set by law. The limits should var>- (dfic and southern races 
ixnate, race, profession, etc. The SeirijCs in crimes of blood and 
re for example, much more precocioijjp^ose who live in the coun- 
i sexual crimes; and the poor and tist Tty dwellers and the rich. 
■y are slower to develop than the C' wh* 

"3. Old A^pQj ^yg^j y^^ ^^^ ^jj.jj_ ^^ 1^^ 
The old man unable to do h In his case the common refuge. 
mred the prison sentence, jmr Here such inmates shoidd be kept 
»e workliouse, is sufficient... canth special precautions to prevent 
I separate apartments. w« / also escape. Only when the crime 
le contagion of evil and/r<e perversity should the old man be 
lOws an unconquerah's ^I'ar prison. 
,, .-^^ce^lted in a reg, sribunal of the Seine in pa^emg judgn^cnt upoa 

. 1897, that the TrC^S'^"'*'fu'^."P'^''»*- " 'hi^Tg^od the 
,rs inquires into tL^ff'^'if '0>; ^ ^^ « «(.t (73%) to the temporary 
(i t« 1(3^'^ ?^,""' Rovemment m 1893, and thiw aU but 
lora ti»ri '? .,■*' ^"^ spared a penal sentence A i-irctilnr 




ay. 13th, 1898. extends this meaaure t 
...__ -cnitcr'""— " 'ono - n-. . 
•at ctinUe lo Crime." 



_f*JR«vuB^P^nitcntiare," 1898, p. 871.) ' 



CRIME: 11^ CAUSES AND REMEDIES 



IS22S 



S 334. Criminals b; Passion 

For true criminals by passion remorse for crime is already 
the greatest of punishments. A fine, a judicial reprimand, or 
removal from the city or from the persons injured will be suffi- 
cient to protect society, to which they present no danger; and j 
this treatment will leave them able to be useful, because of I 
the great altruism which is characteristic of their class. I 



S 315. Political Criminals 

Much the same may be said of political criminals. If there 
is a crime which should be spared not only capital punishment, 
but even any severe punishment at all, it is that of the poUtiol 
criminal. This is especially true because many political crim- 
inals, if they are not criminals by passion, are insane and need 
the hospital more than the scaffold; and because even when 
they are criminals their altruism renders them worthy of the 
greatest consideration, and often by having their altruism given 
another direction they may be made useful to society. Louise 
Michel was called in New Caledonia "the red angel." so de- 
voted was she to the sick and unfortunate.' Moreover, almost 
all political criminals are young, and it is in youth that heroUm 
and fanaticism attain their highest degree. It is not possible 
to kill an idea by killing the man who has conceived it; on 
the contrary it grows and perj>etuate3 itself better in the glo» 
of the martyr's halo, all the more if it is true, while if it is false, 
it falls of itself. Furthermore, it is not possible to pass final 
judgment upon a man while he is alive, any more than a ain^ 
generation can decide with certainty as to the falsity of an idet 
that has arisen under their own eyes. Russia has for a long 
time given us proofs of the uselessness of too severe laws againsl 
political criminals. Each of her terrible acts of repression by 
condemnation to a lingering death in the mines of Siberia haa 
been followed by new and more \iolent reactions; and the suae 
is true of France and Italy. Ravachol was not yet dead vha 

> Lombroeo and Laachi, "Le Crime Politique," Pons, 1890. 



PENALTIES ADAPTED TO SEX, ETC. 413 

IS turned into a demi-god, and h3mms were sung in Paris 
honor instead of the Marseillaise.^ 

here is nothing," writes one of our profoundest thinkers, 
rrero,* "more potent in exciting revolutionary tendencies 
those legendai^ martyrologies that stir the imagination 
i numbers of fanatics with whom our society is swarming, 
rho are always an important element in all revolutionary 
cnents. In every society there is a crowd of persons who 
a martyr. They enjoy being persecuted and believing 
;elves the victims of human wickedness. They enroll 
;elves in the political parties which offer the most danger, 
is certain moimtain-climbers choose the moimtain that 
he most dangerous precipices and the most inaccessible 
. For aU such there is no more powerful incentive to 
ice revolutionary theories than violent persecutions; and 
ig is more dangerous than to give these exalted imagina- 
the corpse of an executed leader." 

it which characterizes these political criminals especially 
Ack, which we might call specifiic, of adaptability to the 
of government imder which they are living; while bom 
lab show themselves imadaptable not only to the social 
>nment of the nation in which they are found, but also 
it of any nation of the same degree of civilization. For 
eason, while bom criminals must be eliminated from the 
ed world, political criminals, who are such by passion, 
simply be removed from the governmental and social 
»nment of the people to whom they have proved unable 
ipt themselves. 

le, as it existed in Roman law and as it now exists in 
inia, and — in serious cases — deportation, are, then, the 
ies most appropriate for this class of criminals. But 
penalties ought always to be temporary and revocable 
three or five years at the will of parliament; ' for before 
cpiration of the sentence public opinion may very well 
ijianged. It is just for this reason that our school, while 
ed to jury trial for ordinary crimes, accepts it in the case 
itical crimes as the only means of diagnosis which permits 

* LombrosOy "Lee Anarchistes," Paris, 1896. 
s "La Rifonna Sociale/' 1894. 

• LombroBO, "Crime Politique/' Pt. IV. 



414 



CRIME: ITS CAUSES AND REMEDIES 



tiie recognition of whether the public opinion regards 
offense in question as a crime. It was thus that fon 
heresy was punished as the gravest [wssible crime, whi 
punish it to-day would seem ridiculous. It will be the sai 
a short time with crimes of leze majesty, strikes, and the 
tended offenses of socialistic thought. By this means we 
prevent those rare cases of rebellion which are, as we have 
the beginning of evolution; and this idea is neither revolt 
ary nor new, for it has already been applied in different coui 
and epochs, and under really free governments; in Flo 
under the form of admonition, in Greece under that of c 
cism, and in Sicily as petalism. In the constitution o 
United States it is Congress itself which fixes the penalt 
political crimes; and the same situation prevailed in the Ri 
Republic. J 

But if the punishment for crimes provoked by politiJ 
sion alone ought always to be temporary, in mixed pq 
crimes, on the contrary, the penalty might be applied 
mixed form; that is to say, fixed for a certain term of j 
corresponding to the legitimate social reaction, and ind 
minate for another series of years, in order that it ma 
possible to interrupt it when the attack upon the pol 
organization is no longer considered in the country as a o 



§ 326. Occasional CrimiiulB 

The same crime calls for a different penalty accord 

is committed by a bom criminal, a criminaloid, or an o 

criminal, and even at times in this latter case for 

ment at all. In this case it is essential to recognize t 

motive. An offense that is really occasional, and n 

excludes the thought of punishment, is the theft of foot 

persons who are famished.' Refd punishment is equally inap 

priate in all cases of involuntary offenses, according to the c 

ion of Puglia, Pinsero, and Capobianco,* the amount of 

damages to be paid being left to the civil judges; for it wool 

unjust to regard a man as absolutely unfit to live in a 

' Creinfini, "De Jure Criminali," 1748. 

' "Scuola Fowtiva," III and Vll. 



S227] PENALTIES ADAPTED TO SEX, ETC. 415 

iimply for the reason that through negligence or thoughtless- 
ness, or by a pure accident which could not be repeated, he has 
comraitted a harmful act. If the same thing occurs repeatedly, 
it ia possible to add to the simple damages a fine, or suspension 
From the office, art, or profession which have been the cause 
of the blamable act. 

S ai?. Aid to Suicide 

Among the pretended crimes which the law punishes but which 
the public conscience absolves, are those which Garofalo calls 
"not natural" but juridical, and which we shall call conven- 
tional. Aid to suicide is an example. 

"If, leaving aside pure abstractions, we interrogate the 
science of life, we shall see," write Calucci and Ferri, "that 
the interest of society in the existence of each of its members 
is not absolute, but that it decreases greatly, and even ceases 
altogether, in the case of voluntary death. On its side biology 
shows us that in the struggle for existence it is the weakest, 
those least adapted to the social life, who succumb. Suicide 
is one of the forms of this defeat. It is, according to Hackel, 
& safety valve for future generations, to whom it spares a fatal 
heritage of nervous diseases with their consequent misery. It 
is, says Bagehot, one of the instruments for the amelioration 
of the human race by the road of selection." ' 

Such is also the opinion of MorselH and of myself. I have 
shown with Ferri that suicide is oppo.sed to homicide." that it 
is a real safety valve, so that where the one increases the other 
decreases. On this side, then, suicide is of real advantage to 
Ifae security of the state. 

"Either," continues Ferri, "you maintain that a man has 
lot a right to dispose of his own life, and then you ought to 
runish the suicide, or else you recognize that suicide is not a 
rime. In that case how can you punish the man who takes 
tart in the suicide by aiding in it, just for taking part in what 
B no crime? For, even if we cannot deny that the state exercises 
ts repressive function for the purpose of defending its citizens 
18 individuals in the case of crime against their safety, who 
loes not see that real and voluntary consent of the victim re- 
noves every excuse for interference on the part of the state?" 
' Ferri, "L' Omipidio-SuJcidio," 1884. 
lel," Vol. I. 





CRIME; ITS CAUSES AND REMEDIES 



I§229 



Wherein do we feel our safety threatened when we learn that 
an individual has been killed at hia own request? The Church 
alone can pretend to save the sinner in spite of himself. 

£ a 28. Defamatioo 
The same may be said of the penalties decreed by the Italiim 
code against defamation having a poUtical or social object, the 
work most often of men better than the normal who have the 
courage to reveal to the public facts that pass for defamation 
only because the persons accused are powerful. These noble 
defamers are not to be feared, and they do no damage. They 
disobey the law only because it is imperfect. They arc, then, 
pseudo-criminab,' more worthy of praise than punishment. It 
ia enough to make them show their good faith by funushing 
proof of the facts or by retracting if they are deceived, especially 
since to lay bore our wounds is to begin their cure. 



S 320. The Dnel 
The situation is much the same with regard to the duel. 
Are we still subject to the tyranny of the custom which drove 
us to the duel in grave and exceptional cases whea the serviots 
of the law became unavailing? If it b so, then we have befoie 
us, in persons guilty of duelling, harmless individuals, and we 
should be using an excessive and unjust zeal if we were to puft- 
ish them in order to escape a danger which in reality does not 
exist. On the other hand, is it the office of the criminal law to 
correct morals? Assuredly not, for morals and laws follow the 
natural trend of things and are both determined by en^^^oI^■ 
mcnt. It is enough to recall that duels raged most in the coun- 
tries where they were punished most severely, and that from 
the Middle Ages to our own time the number has decreased is 
measure as the laws against them became milder. But who ever 
believed that prejudices could be overcome by penalties? Have 
not the prejudices already gathered enough victims without 
having these useless punishments coming in and demaadiol 
new ones? The penal code ought to aim at defending soaefj 
' "Homme Criminel," Vol. II. 



J 



§230] PENALTIES ADAPTED TO SEX, ETC. 417 

by purifying it from the evil race of criminals. Now the duel- 
ist, at least in most cases, is rather a victim than a criminal, 
and if, on account of the means which science offers us, we are 
able to identify him as a criminal in those rare cases in which 
he is such, why should we offer him this honorable means of 
escape? If he is not a criminal, why should we punish him for 
being the victim of the very prejudices which we wish to eradi- 
cate? But the prejudice will either die, or it will be stronger 
than the law; and the penalties which, on account of their 
severity, will not be applied, will render the impotent efforts 
of the lawmaker all the more ridiculous. 



§ aao. Adultery 

In the matter of adultery, again, the situation is much the 
Mune. That it should be punished as a crime in the canon law 
18 doubtless justified, but in the modem code it can be classed 
at most only as a contravention. Adultery is assuredly im- 
moral, and it is certain that if a law could prevent it by punish- 
ment it would be welcome; but that it could do so is not the 
Qpiiiion of the majority. Moreover, in this kind of trial the 
Wctim suffers more than the culprit. It is useless, then, to 
llave recourse to the law; and besides, the general and habitual 
Impunity renders condemnation, in the rare cases where it takes 
(ilaoe, all the more cruel. As Berenini rightly says in his mag- 
nificent monograph, ''Offesa e Difesa," ''The law cannot oblige 
% woman to love her husband or the husband his wife. It can 
Onlsr aaf^uard rights that may be exacted materially and by 
Love is not a right that either, one of a married couple 
reqmre o t thfi ^^•^^^•, *^tiH thp law cannot, in consequeiice, 
a right which does not exist for the person who claims 
Ibn liave been injured. Adultery, by dissolving the natural mar- 
involves a moral divorce; why sliould it not also dissolve 
civil marriage by a legal divorce? \ Why maintain forcibly 
of the disturbance while aggravating its effects by the 
scandal of a trial and a condempation? 



»» 



418 CRIME: ITS CAUSES AND REMEDIES [|2S 

§ aai* Crimliuloids 

For criminaloids who are not recidivists and are witboatK> 
complices, it will be sufficient for the first time to suspend so- 
tence, take security, and require the repayment of the duni^ 
by work, where the culprit is not able to pay. This woik shoi^ 
be in the fields when the offender is a peasant* or, in ctseci 
refusal to work, in a cellular prison. 

S 232. Homo-sexual Offenders 

Homo-sexual offenders whose crime has been oocasknedl^ 
residence in barracks, or coUeges, or by a forced celibacy, pliialf 
will not relapse when the cause has been removed. It wiD be 
sufficient in their case to inffict a conditional punishmoit, far 
they are not to be confused with the homo-sexual offendenib 
are bom such, and who manifest their evil propensities fm 
childhood without being determined by special causes. Hms 
should be confined from their youth, for they are a souice d 
contagion and cause a great number of occasional criminals. 

§ 233. Other Minor Offenses 

Many other punishable acts could be transferred from the 
penal to the civil code for fines and payment of damages, k 
this class come the violation of private correspondence, dama^ 
caused to the property of another, and bad treatment of otbff 
members of the family when not habitual or proceeding froa 
depraved and truly criminal instincts. To this treatment « 
may add, in the case of husband and wife, separation and 4- 
vorce. These disciplinary measures would be sufficient in tir 
case of a violation of the duties proper to a public employee, 
and could be carried to the extent of dismissing him from ^ 
position. Simple threats, violation of domicile without criB- 
inal intent, insult, arbitrary taking of satisfaction, abuse d 
pasturage rights, and trespass would be suflSciently puniibeJ 
by payment of damages, which could very well be estimated bf 
a civil judge.^ I would add to the list thefts of food of smJ 
value, provided that the small value of the articles stolen showiJ 

* See Garofalo, "Riparazione alia Vittima del Delitto." 



§235] PENALTIES ADAPTED TO SEX, ETC. 419 

the occasional character of the offense. Is it not a flagrant 
injustice that petty thieves, most often quite inoffensive (chil- 
dren who have stolen fruit, for example), should be punished as 
severely as real criminals who steal upon a large scale, or even 
more severely, since the latter often escape punishment alto- 
gether? I shall never forget how upon the day when five min- 
isters of the realm of Italy rose as one man in open Parliament 
to deny or to justify the thefts of Tanlongo and Company, 
running up to more than 30 millions, seven children were 
sent to weep for a month and a half in prison cells for having 
stolen a herring of the value of 35 centesimi. 

In these last cases I should wish to make a distinction 
between the really criminal ''gang" having a common under- 
standing and a minutely detailed plan, and that accidental 
semi-complicity which often has nothing criminal in it, being 
the effect of a simple caprice. The former I would punish very 
severdy, while for the latter a simple reparation to the person 
injured, with a reprimand or a conditional sentence, would 
suflioe. 

§ 234. Complicity 

The least dangerous criminals, those who are occasional 
criminals or criminals of passion, having for their psychologi- 
cal characteristic always to act alone without accomplices, it 
follows that complicity, at least in thefts, highway robberies, 
and murders,^ in the case of adults, must constitute by itself 
an aggravating circumstance; and in every case should not be 
looked into, as it is now, merely to determine what share in 
the guilt each member of the band had, but should be taken as 
a distinctive mark of criminals belonging to the most dangerous 



S 335. Habitoal Criminals 

As to recidivists and criminaloids who have become habitual 
criminals, they should be treated like bom criminals but sub- 
jected to a less severe discipline, their crimes being almost 
always less serious (theft, swindling, forgery, etc.). Further, 

< ffiiMe, "La Teoria Positiva della Complicity" Turin, 1894. 
s Feiri, "Sodologie Criminelle," Paris, 1890. 



420 CRIME; ITS CAUSES AND REMEDIES [§236 

while in the case of the bom criminal the first crime, if serious, 
is sufficient to have him sentenced to perpetual confinement, 
in the case of the habitual criminal it is necessary, before deter- 
mining upon this extreme treatment, to have the eWdence of 
a number of recidivisms more or less great according to the 
kind of crimes and the circumstances under which they were 
committed. For the employment of these criminals there should 
be large workshops for those who come from the cities, and tor 
those who come from the country agricultural colonies in the 
districts that need clearing, graded from the least to the most 
healthful according to the different categories of criminals. 
The colony of Castiadas, which has created an oasb in the most 
insalubrious district of Sardinia, and the miracles of the Trois 
Fontaines, prove how easy it is to put these organizations to 
practical use, diminishing the enormous expenses v^iidi re- 
spectable people have to pay for the punishment of crimiuali 
and at the same time making them of real service to the society 
which they have injured. 

§ 136. The Criminal Insane 
As for the criminal insane and the numerous bom criminib 
in whom epilepsy and moral insanity manifest themselves desiff 
by fits of mental disturbance, the only proper treatment il 
confinement in a criminal asylum. By means of such an insti- 
tution we take away from the criminal who might feign in- 
sanity all desire to do so; we prevent a criminal heredity derived 
from the inmates; we put an end to their forming criminal as- 
sociations (the criminal bands ha\-ing almost all a prison origin); 
we prevent recidi\'ism, and cut down the enormous expenses of 
trials and the imitative crimes which often result from trials. 
Wiedemeister ' objects that these asylums will do an injuij' to 
justice in case the patient becomes cured. In reply we wxll re- 
mark in the first place that these cases are quite rare. The 
statistics of Broadmoor record but 5.5%, However this may 
be, the inconvenience may be remedied by granting liberty to 
those pabents only who have shown themselves to be cured 
during a long period of obsenation. 

' "Zeitsdiri/l tur Psychiatrie," 1871. 




§ 236] PENALTIES ADAPTED TO SEX, ETC. 421 

"But as soon as a criminal has been recognized as insane," 
objects Falvet, " he is not to be considered as a criminal, but re- 
sumes his status under the civil law." To this we reply, that 
he cannot return to that status, because he has killed, ravished, 
and stolen, and cannot therefore be put on the same plane as 
the harmless insane; for as long as the danger persists, the right 
of defense remains. Aside from this, this method of reasoning 
is derived from a class of ideas which science will from now on 
eliminate; that is to say, that while insanity is a misfortune, 
crime is a perversity of the free will. Now, just as men came to 
recognize a century ago, contrary to the beliefs of the Middle 
Ages, that insanity did not depend upon free will, we must now 
recognize that neither does crime itself depend upon it. Crime 
and insanity are both misfortunes; let us treat them, then, 
without rancor, but defend ourselves from their blows.' On 
the principles of the positivistic school, the objection cannot be 
maintained that the insane "so-called" criminal comes under 
the civil law simply. He comes under the law of self-defense as 
much as the true criminal. 

For thU reason the objection falls that the insane person 
<;annot be detained for an indeterminate time, and that when 
he is cured, even before the expiration of the term which he 
'would have passed in prison in case of a conviction, he has the 
right to go free. This objection cannot be admitted, consider- 
ing the great number of relapses which have been shown to 
occur in all forms of insanity. There are misfortunes that are 
inexorable, and grant only a short respite; since we cannot de- 
liver the individual from them completely, let us try at least 
to prevent the family of the hapless wretch, and society in 
^neral, from being victims,' 

Furthermore, all the more civilized nations show simitar in- 

' Feni, "Sociologie Criminelle." 

 Recently Christiani ("Archivio di Psichiatria," 1896) has ehown that 
Sncunibilitv (S2%) and death (17%) are the most frequent rpsulls; while 
«ures are inore rare (5% to 8%), and that with almost all there is to 
%>e observed a predominance of anti-social tendenciea (87%). Nicholson 
Cound that 75% of ordinary criminals are eucb from cupidity, 15% from 
SuLtred, and 10% from immorality: while in the case of the cruuinal msane 
the laat figure becomes 71%. {Journal of Mental Science, Oct., 1895.) 
3t IB these who are, then, the fiercest and most dangerous. 



422 CRIME; ITS CAUSES AND REMEDIES [§236 

sUtutions. We have seen that in England they are already 
ancient. The criminal asylum exists also in Denmark; and it 
has been introduced into Sweden and Hungary In Pr 
the Prefecture of Police there is a permanent medical commis- 
sion, whose duty it b to separate immediately from the other 
persons arrested those who appear to be insane. In 1870 a real 
asylum for the criminal insane was erected as a part of the cm- 
tral institution at Gaillon. This department is kept under the 
discipline of the prison except as to the compulsory labor, and 
also as to the punishments, which can be inflicted only witi lie 
permission of physicians. Only those who have been sentenced 
to imprisonment for more than one year are admitted here, 
and they cannot be discharged without the authorization of 
the minister.' All the other civilized peoples of continental 
Europe, if they have not regular criminal as.^-lums, have laws 
and institutions which partly take the place of them. At 
Hamburg, Halle, and Bruchsal the penitentiaries have infir- 
maries which are reserved exclusively for the insane, with gu- 
dens, secure cells, and a special discipline, so that the insuK 
can receive continual care there as in the regular asylums. In 
Belgium a law (1850) decrees that 

i "Persons arrested, proceedings against whom have beoi 
suspended for the cause of insanity, shall be consigned to 
asylums designated by the Public Nlinister. These asvlnra 
must have special wards for maniacal prisoners, accu^ or 
convicted, who camiot be mingled with the otber patioits 
without a special authorization from the minister of justice. 
The physician in charge is responsible for the escape of dan- 
gerous or criminal insane persons, and, in case of ^^ht, must 
take all the necessary steps to recover them." 

A new law, "laloi Lajeune" (1891), requires the appointmeal I 
of three alienists as special inspectors of prisons, to discovff. f 
isolate, and care for the insane. In Hungary a kind of meJ 
senate, composed of judges and physicians who are alienist^ 
charged with pronouncing upon doubtful cases. 

We may say, then, in summing up, that in these asylums tl 



I 236] PENALTIES ADAPTED TO SEX, ETC. 423 

bould be received: 1st, all prisoners who have become insane* 
f they have criminal tendencies; 2d, all the insane who, on 
iccount of homicidal or incendiary tendencies, pederasty, etc.. 
Lave been subjected to a judicial procedure which has been 
uspended upon the discovery of their insanity; Sd, all those 
barged with strange or atrocious crimes, committed without 
lear motive, in whose case has arisen the suspicion of insanity, 
»r at least of a serious cerebral affection, as attested by three 
Xpert alienists; ^ 4th, in consideration of the extraordinary im- 
K>rtance of epilepsy, all those who have committed crimes in 
I state of psychic epilepsy and criminals who have had epileptic 
its; 5th, all those who, being of general good reputation, are 
Iriven to crime by an habitual and evident infirmity, such as 
lellagra, chronic alcoholism, and puerperal diseases, especially 
Inhere they have insane or epileptic parents, or show numer- 
>us marks of degeneracy. In this connection we see the 
propriety of having special criminal asylums for the alcoholic, 
spileptic, etc. 

The insane coming from the prisons must be isolated from the 
others and placed in separate wards in the infirmaries annexed 
to the prisons. The discipline should be severe for all, and the 
irigilance greater than in the common asylums, more like that 
rf the prisons, but the work should be proportioned to the 
itrength and alternated with long periods of rest and amuse- 
ment. The direction should be medical, but the attendants 
ihould have prison training. 

The individuals who are recognized as habitually dangerous 
ind have already been several times arraigned ought never to 
be liberated. Those who are affected with a transitory or inter- 
[Kiittent form of insanity and show signs of a perfect cure should 
be selected for discharge after one or two years of observation, 

1 At first sic^t this proposition appears absurd, and the absurdity has 
been made use of to refute those wno uphold the criminal asylum. But 
pgope r attention is not paid to the fact that it is just the doubtful cases, 
DDtemiediate between reason and insanity, in which crimes without cause 
mee moot frequent and in which, therefore, the criminal asylums are most 
DBeful and of most service in guaranteeinjp; the public s^ety. We may 
r«eall hero that a crime without reason is of itself a sign of insanity. Bec- 
airia sajTB that a sane man is not capable of useless cruelty not excited by 
fcftate, fear, or self-interest. (See "Homme Criminel," Vol. 111.) 




Fitrthn. 
like thoK dfSKfawd b; 
mm 50 or flO tsnet in a 
find tbansdves better off 
ftpon- 
Bimiiii iigi III! Ill to cocntptSon' 
^ iMiger, wben the c 
■.witli faim and i 
msfc wiuie be perfects btD^li 
BBt but should keep him abu: 
or. better, of he pownt^- 
^r dus ODfl, establish sptcisl 
^f ^Btgamti of dirartors, phy- 
wM tie iefivtduals who. havinf' 
^ kwaoi Bxime. h&ve Rh4>i>>i 
lamsA tiaee physical and p?* 
haie aan to be maAa of t^r 
boa eriiiifBal. 

Even more important tbaa tbe weQ-betng of tbe inmates l' 
the matter of maldng them bkIhI that the^ may not o«asii)D 
too great an ezpenae, and afao tbe matter of preventing thi 
p uMb ffit y of esc^w. For this icascm i^eds or retired vai^) 
afler tbe bat htcations. H«ie tbe p t» Ba erj may be occupini, 
S tbey come from the country, in wncfc in tbe fields, which will 
be useful for their health and of adranta^ to the state, vtuk 
those who come from the city may be provided for in worksfaopi- 
Better still, disciplined military companies might be formed. 
is tbe practice in Westphalia, and put to work to improve tbe 

' See "Homme Oiminel," VoL L 




ej' 
f.1, 

rill , 
lib " 

i 



§237] PENALTIES ADAPTED TO SEX* ETC. 425 

roads and drain the marshes. They should be permitted daily 
to spend some hours according to their own taste, but they 
should be set at liberty again only after extraordinary proof of 
reformation. The cellular system should be inflicted upon them 
only in the case of a new relapse. In this way the prison would 
become purged of those criminals who take pride in vice and 
render all attempts at reform there impossible. In this way we 
shall apply anew to society the process of selection to which is 
due the existence of our race, and also probably the existence 
of justice itself,^ since it was the elimination of the more violent 
that gradually allowed justice to prevail. However high the 
expense of all this may be, it will always be less than the cost 
of new crimes and new trials. Thompson calculates that 458 
Scotch recidivists cost £132,000, of which £86,000 was for the 
cost of the trials alone. 

This proposition is not new, for in 1864 the House of Lords 
proposed to condenm criminals to penal servitude after a second 
recidivism. E. Labiste ' proposes that after the expiration of 
his sentence, every individual whose total sentences exceed 
five years and who has relapsed for the tenth time, shall be 
permanently deported. The same reform is proposed by Bonne- 
ville,' Tissot,^ and Doria Barini; ^ and it has already been put 
into operation in Belgium in the agricultural colony of Mexplas, 
which contains 4500 individuals. The buildings of this insti- 
tution were all erected by the labor of the convicts themselves 
under the superintendence of 30 or 40 foremen. Everything 
was constructed little by little according to the needs and re- 
aouioes, so that this magnificent establishment, which in other 
countries would have cost millions, has cost Belgium only the 
price of the land. Live stock multiplies upon the place, since 
the farms have their own bulls and stallions. The workmen are 
occupied only with the production of such things as have an easy 
sale, and in the making of which they may be useful. The 
inmates are divided into four classes: 1st, those who are re- 



1 "Homme Criminel," Vol. I.. Pt. I. , 

* "Eeaai but les Institutions Finales des Romains," 1875. 




433. 



426 CRIME: ITS CAUSES AND REMEDIES 

fractory or dacgerous, contact with whom might be harmful t 
the other inmates; 2d, recidivist convicta, under the siu 
lance of the police, those who have formerly escaped, and t 
who have had a bad record in the institution itself; Sd, 
whose antecedents lea\-e something to be desired, but who havj 
never had to undergo severe punishment in the institution; 
4th, those who have not been deported to the colonies more 
than three times and whose conduct might be considered as 
good. The communes sometimes send their paupers there, pay- 
ing 65 centimes for those that are well and 85 for the sick. 
Those who refuse to work are kept in a cell three days upon 
bread and water. The inmates are paid for their labor in a 
currency which passes only in the institution but b exchanged 
for real money when they are discharged. In this way the danger 
of spending money in the neighboring hamlets is avoided.'  

S 138. The Death Penalty I 

But when, in spite of the prison, transportation, and hanj 
labor, these criminals repeat their sanguinary' crimes and 
threaten the li\'e3 of honest men for the third or fourth time 
there is nothing left but the last selection, painful but sure, — 
capital punishment. Just as the death penalty is too largely 
inscribed in the book of nature, so is it in the book of history; 
and like all other punishments, it has a relative justice. Capital 
punishment assuredly ought to be found in the penal system of 
barbarous peoples, among whom prison does not inspire suffi- 
cient terror; but among civilized people the delicacy of feeling 
which wishes to abolish it is too respectable to be brushed aside, 
to say nothing of the fact that the singular prestige produced by 
a death inflicted in cold blood by judges, and at times met 
with bravado, often multiplies crimes by imitation and creatw 
among the rabble a sort of worship of the unfortunate victim. 
But the opponents of this form of punishment do not think 
of asking: What means of defense is left to society against s 
man guilty of repeated murders who keeps his guards in crni- 
stant danger of violence or death? Would it be more just or 
more humane to keep him bound hand and foot for life? 
' Joly. "Lc Combat contre le Crime." 



§238] PENALTIES ADAPTED TO SEX, ETC. 427 

Let no one advance the objection, with Ferri, that in order 
to make capital punishment effective it must become a regular 
»utchery» a thing repugnant to modem thought. To retain the 
leath penalty is not the same as multiplying it. It is enough 
bat it should remain suspended, like the sword of Damocles, 
ver the head of the more terrible criminals, when, after having 
sen condemned to imprisonment for life, they have several times 
lade attempts upon the lives of others. Under these condi- 
ons there is no longer any weight to the otherwise funda- 
lentally sound objection which is so often put forward, namely, 
lat this penalty is irreparable. I should also wish to have this 
inishment retained when the social system of a country is 
enaced by associated crime under the forms of brigandage, the 
amorra, etc. From this point of view it seems to me that the 
vil conditions are absolutely equivalent to the conditions for 
hich this penalty is reserved in time of war. What! shall we 
t unmoved when by the right of conscription we condemn in 
Ivanoe thousands of men to an early death upon the battle- 
dd, often for dynastic caprice or demagogic madness, and shall 
e hesitate when it is a question of suppressing some few crim- 
lal individuak, a hundred times more dangerous and fatal than 
foreign enemy, in whose ranks a chance bullet may strike a 
Darwin or a Gladstone? 

Aflsuredly if we take the point of view of strict abstract 
^t» we do not believe ourselves to be God's vicars and there- 
ire have no absolute right over the life of our feUows. But 
uless this right comes to us with the necessity of self-defense, 
either have we any right to deprive men of liberty or to hold 
bem accountable for the least misdemeanor. To claim that 
be death penalty is contrary to the laws of nature is to ignore 
he fact that this law is written in the book of nature in let- 
ers only too clear, and that the very progress of the organic 
rofM is entirely based upon the struggle for existence, foUowed 
ly savage hecatombs. The fact that there exist such beings 
s bom criminals, organically fitted for evil, atavistic repro- 
Inctions, not simply of savage men but even of the fiercest 
iSiimals, far from making us more compassionate towards them, 
us lias been maintained, steels us against all pity. Our love for 



428 



CRIME: ITS CAUSES AND REMF.PIES 



animals (except among the fakirs of India) has not reacheil 
such a point that we are willing to sacrifice our own Uves toi 
their benefit. 

Here I can but recall the vigorous lin^ which Taine wtoU 
to me shortly before he died: 

"When in the life and in the intellectual, moral, and emotionil 
organization of the criminal the criminal impulse is isolated 
accidental, and transitory, we can and even ought to pardon; 
but the more this impulse is bound up with the entire fabric ol 
the ideas and feelings, the more guilty is the man and the more 
ought he to be punished. You have shown us fierce and lubri- 
cious orang-utans with human faces. It is evident that as sudi 
they cannot act otherwise. If they ravish, steal, and kill, it ii 
by virtue of their own nature and their past, but there ii all 
the more reason for destroying them when it has been proved 
that they will always remain orang-utans. As far as they are 
concerned I have no objection to the death penalty, if soae^ 
is likely to profit by it." 

Many of the measures which I have advocated may ftppeu 
contrary to certtun ideal principles which, while more noUt 
than practical, are regarded by short-sighted intolerance u 
unassailable axioms. Further, they may be regarded, by those 
who are frightened at the first cost, as difficult to put into prw 
tice; but this is to lose sight of the economies which they would 
make possible in the future, especially if we should supprcsi. 
at least for recidivists, the costly and useless judicial proceBl- 
ings based solely upon errors in form.' In any case they can- 
not be accused of endangering that public safety which is the 
ultimate aim of all penal systems. 

' In France, where, as Do Forests observes, the p<9«on has do rigbl d 
appeal for merely technical eirofH, and each new trial or decisioD mtj 
bnng an increase of the penalty, appeals are veri/' rare and taken onljrfot 
grave reasons. Out of the money thus saved it would be povibk » 
support three criminaJ asylums and a large institution for iacwri^blca 



CHAPTER IV 

VBACnCAL PROOFS OF THE UmJTT OF THESE REFORMS — 

ENGLAND — SWITZERLAND 

§239. 

THE utility of these reforms is proved by the recent statistics 
of London and Geneva, where there has been a perceptible 
decrease in criminality, while, on the contrary, crime is increas- 
ing in countries like Italy and Spain, where such reforms have 
not been applied. 

In the period between 1829 and 1838 there were recorded at 
Geneva, for each 100,000 inhabitants, 79 criminals convicted 
by the Criminal Court and 1000 by the correctional tribunal, 
while between 1872 and 1885 there were recorded 12 of the 
former and 300 of the latter; that is to say, between the two 
periods the serious crimes decreased by five-sixths and the 
minor offenses by two-thirds. This is certainly a great honor 
to the city, and the facts are even stronger, for the crimes com- 
mitted by the Genevese themselves have decreased nearly nine- 
toiths in the last 80 years.^ 

What are the causes that make Geneva an oasis of morality 
in the midst of Europe? Gu6noud attributes it in the first place 
to the fact that foreigners who have been for some time resi- 
dents in Geneva have taken up the customs and morals of the 
natives; and the observation of Joly' is to the same effect, 
namely, that the immigrants at first contribute largely to the 
criminality, but as they become established in their new country 
they gain in morality and honesty. But Ladame urges by way 
of objection,' 

*'The assimilation of foreigners to the natives does not pre- 
vent immigration; the same causes consequently continue to 

1 Gu&ooud, "La Criminality k Geneve au XIX Sidcle," Geneva, 1891. 

* "La France Criminelle." 

• "Journal de Gendve," Feb. 4th, 1891. 



430 CRIME: ITS CAUSES AND REMEDIES [§239 

be active, and if, on one aide, the population of Geneva annu- 
ally assimilates a certain number of foreigners, the resultant 
moral influence is neutralized by new immigrants whose in£u- 
ence is the other way." 

Nor can we look for the cause in education, since we have 
seen that this very often increases at least the minor forms 
of criminality. 

The sole reason remaining is, then, that Geneva (see PL IIi 
Ch. VI) is certainly that place in central Euroj)e where thwe 
have been established the greatest number of institutions for 
mutual aid, wliich without degrading the recipients remedy the 
greatest evils of poverty, and also preventive institutions for 
children, for degraded women, against alcoholism, etc. 

The proof of this conclusion appears more clearly still in 
England, especially in London. If we compare the criminabV 
there in the years 1892-93 with those of the ten years preced- 
ing, we find an increase of 28% in the offenses against persons 
and 18.9% in those against property, caused by a desire for 
vengeance and taking the form of arson or the destroying of 
crops. But in other crimes (theft, receiving stolen goods, 
forgery, offenses against the public order, etc.) the decrease was 
respectively 8.8%, 36.3%, 34%, and 22.«%, with a total ab- 
solute decrease of 8%.' Now it must be noted that in these ten 
years the population increased 12%; so that even if there hud 
been as much as an absolute increase of li% in the criminality 
it would mean that relatively to the population crime was 
not on the increase in England. 

"The decrease there in the criminality of minors, which in 
Italy continues to increase, is still more remarkable. In 1868-69 
there was recorded the conviction of 10,000 children less than 
16 years of age; in the succeeding years the figures fell to 11700. 
and finally to 4000. Thus we find that, taking account of the 
increase in population, England recorded in 1868-6&-70 -M 
juvenile criminals to the 100,000 inhabitants: in 1893 there 
were only 14, a real decrease of 70%; while it appeared that 
in France in 1880 the number of juvenile offenders had in- 
creased 140% in 50 years. The criminal classes of England 
are composed of individuals at liberty, known to be thieva 

' Joly, "L& Revue de Paris," Paris, IS91. 



§ 239] PBOOFS OF UTILITY OF REFORMS 431 

or receivers of stolen goods, and of persons under suspicion. 
Here also there is an improvement. In 1867 this last category 
comprised, taking prisoners and those at liberty togetiier, 
37,000 individuals. This figure fell later to 50,000; in 1881 to 
38,960; and finally in 1891-92 to 29,826. The suspected houses 
Fell from 2688 to 2360." ^ 

We do not have here those accidental variations in figures 
common in statistics, for they show such a decided difference 
that no doubt can remain,' and they extend even to unpunished 
^nme. 

This great decrease in criminality is actually due to prevent- 
ive measures, especially those which have to do with children, 
uid to the moral and religious fight against alcoholism. We 
ind an incontestable proof of this in the great diminution of 
:rime in London as compared with the smaller cities and with 
the country. This is exactly the opposite of what is observed 
elsewhere, since the general rule is the greater criminality of 
the principal cities. Now, while the city of London, which has 
the largest population of any city in the civilized world, records 
15 suspected persons to 100,000 inhabitants, the country shows 
II and the other cities 50. Further, while London has 3.4 sus- 
pected houses to each 100,000 inhabitants, the country has 3.9 
ind the other cities 8.4. 

We have another proof of the influence of preventive measures 
n the diminution of alcoholism which has taken place in just 
:hose districts of England and Switzerland where the religious 
ind purely ethical societies vie with the state in striking at 

» Joly, "La Revue de Parifl," 1894. 

* However, one remark must be made here: in the statistics for juvenile 
Kffenders in England we see — 

Juvenile Oftendebs (under 16) 

1864-68 1889-08 

Sent to prison 8,285 2,268 

" to reform schoob 1,228 1,163 

" to industrial schoob .... 966 8,737 

Sentenced to be whipped 585 3,028 

11,064 13,806 

We see that if the juveniles sent to prison or to the reform schoob have 
decreased enormously (over 6000) the number sent to the industrial schoob 
)r sentenced to whipping has increased by 9300. 



432 CRIME: ITS CAUSES AND REMEDIES [§24ft 

tlie evil at its very source. While in France the sales of alcoholic 
drinks increased from 365,995 in 1869 to 417,518 in 1898. 
and from IM litres to each inliabitant in 1830 to 4.20 in 1893. 
in England, on the contrary', the consumption per capita bss 
fallen in recent years from 7 liters to 5, and in Swit^erlaod 
from 11 liters to 7.' 

{ 340. Boni Criminals 
I It would be a mistake, however, to imagine that the 
which have been shown to be effective with other criminals could 
be successfully applied to bom criminals; for these are, for tbe 
most part, refractory to all treatment, even to the most affec- 
tionate care begun at the very cradle, as Barnardo GoaOf 

became convinced. Such was Jac , whom he placed 

ditions best fitted to reform him, but who escaped repeatedlj' 
to live a hfe of vagabondage. While the less advanced peoples 
are lingering over the Utopias of the old jurists and, believing 
that reform is possible for all criminals, are taking no measum 
against the continually rising tide of crime, the English, more 
provident, have recognized that although they have been able 
by their efforts to eliminate the accidental criminal alnuxt 
entirely, the born criminal still persists. They are the only 
nation to admit the existence of criminals who resist all cuie, 
the "professional criminals," as they call them, and the "crim- 
inal classes." 

It will not be useless, for the benefit of those who limit the 
causes of crime to education and environment, to verify this 
with figures. While crime in England has decreased by 8^ 
recidivism among male criminals has remained statlonai? or 
nearly so. The English statistics, in fact, show 41.7% of r^ 
cidivism m 1892-93 and 45% in 1894-95.* In the case of tie 
women recidivism has increased from 54.6% to 60.4%, and this 
notwithstanding the fact that the preventive institutions for 
women in London are much more numerous than those f« 
men; but all efforts break down against the corruption eDcou^ | 
aged by prostitution and against the increasing alcoholism of 

 "Revue du ChriBtianistoe Pratique," Nov., 
• Paolucci, "Revue des Revues," May, 1896. 




5 240] PBOOFS OF UTILITY OF BEFOBMS 433 

women. **'No one ever knew of a man," says Paolucci, ''who 
bas reached 500 convictions for drunkenness, like Tessie Jay, or 
sven 250, like Jane Cakebreade." We have seen, in this con* 
Election, how the introduction of agricultural colonies has les- 
iened theft and vagabondage in Westphalia. 

We must say, however, that this system can be of use only 
for occasional criminals, or for vagrants who are such from lack 
^f -work, while it is of no value for bom vagabonds. We have 

6 proof of this in an experiment which was tried in Paris. Ac- 
^rding to the **i iconomiste Fra ngais** (1893), ajcetiJoiJLESS?^^ 
irranged to obtain pos itions in stores, factories, etc., at 4 francs 
% dav^ for ail persons presentmg^n etter from himse lf. In . 8 
aaont hg he o ffereSi this letter to 727 beggars who complained 
that ^ey were' starving 1t)ecause^ofTagk33lg^ th an 
half (415) of t hese (fi31£o l even call for the letter; ISO got the 
btteflBurdid not present it to any empl oye r. ^I HRers worked fo r 
lialf 'H di^diew CEeir'two fiuhcs, an^did not return. In short, 
jat of therphole 75i7, only 6 continued at^work. T aking simp ly 
tboagt ylnrtO iik tii e tetU5i, "Wer s cgT ; Vftt ^iit ^f e vegy 40 be ggars 
■ble Towork, only 1 had a sin cgry ifj^irr U> dp^so.^ Even if the 
^oung people whom BamarSosent to Canada were reformed, out 
nf those who emigrated to the same country from the reform 
idhool at Redhill 42% returned worse than before, notwith- 
itanding the £1000 spent for their reformation (Joly). 

^ See also Paulien, "Paris qui Mendie," 1890. 



CHAPTER V 



PHACnCAL APPLICATION TO THE CRITIC18U OF CSOONAL U*. 
TO EXPERT TESTIMONY, PEDAGOGY, ABT, AND SCIENCE 

5241. 

ALL theae facts prove abundantly that cnmiiial aothropotogf 
not only solves the theoretical problems of law, kl 
suggests useful lessons in the struggle of society ag^nst crime; 
while ancient [>enal science, the more it rose into the eialud 
regions of jurisprudence, the more it lost touch with practict 
and the less it knew how to protect us. 

S 343. Political Crime 
One of the newest and at the same time most practical appli- 
cations of criminal anthropology is that which takes into accouat 
tlie fact that men's hatred of the new is the juridical basis of 
political crime. From the study of the physiognomy and biolog? 
of the pohtical criminal it establishes the difference between » 
real revolution, a useful and productive thing, and mere rcvolU 
which are always sterile and harmful.' It is a fact now (lf6- 
nitely recognized, and one of which I have given proofs in m; 
"Crime Politique," that those who start great scientific and 
political revolutions are almost always yoimg, endowed fitl 
genius or n'ith a singular altruism, and have a fine physiogivHii?: 
and far from presenting the insensibility common in bora 
criminals, they are, on the contrary, marked by a real moni 
and physical hyperesthesia. But if from the martyrs of » 
great social and religious idea we pass to rebels, regicides, tui 
" president icides." such as Fieschi and Guiteau, to the pro- 
moters of the massacres of 1793, such as Carrier, Jourdan. W»J 
Marat, and to the anarchists, we see that all, or nearly all. *" 
of a criminal type. These are rebels. 

• See "Homme Criminel," Vol. n, p. 255. 




$ 243] PRACTICAL APPLICATION 435 

$243* Applicatioii to Psychiatric Expert Testimoiiy 

Medical experts and practical penologists who have studied 
criminal anthropology have become convinced of the value of 
this science in recognizing the real culprit and in deciding how 
far an accomplice has participated in a crime. Hitherto 
these things have had to be determined from unreliable indica- 
tions, such as prison confessions and vague official information. 

I will cite as proof of this the following examples: 1. Bersone 
Pierre, 37 years of age, well known as a thief, had been arrested 
under charge of having stolen £0,000 francs upon the railroad. 
In prison he feigned madness, pretending that someone had 
poisoned him. It was soon plain that he had committed many 
other thefts, since he was found in possession of a number of 
documents and passports, among others that of a certain 
Torelli. The result of an anthropological examination was as 
follows: mean cranial capacity, 1589 c. c; cephalic index, 77; 
type of physiognomy, completely crimmal; touch, nearly 
normal — tongue, 1.9 mm. (between points perceived sepa- 
rately), right hand, 2-3, left hand, 1-2 (with sensorial mancin- 
ism); general sensibility and sensibility to pain, very obtuse — 
48 mm. and 10 mm. respectively, on the adjustable Rhum- 
korflp coil, as against 61 nun. and 24 nun. for the normal' man. 
An investigation with the hydrosphygmograph ^ confirmed me 
in my observation of his great insensibility to pain, which did 
not change the sphygmographic lines. The same apathy per- 
flisted when he was spoken to of the robbery on the railroad, 
while there was an enormous depression — a fall of 14 mm. — 
when the Torelli theft was mentioned. I concluded, therefore, 
that he had had no part in the railway robbery, but that he 
had certainly participated in the Torelli affair; and my conclu- 
sions were completely verified. 

2. Maria Gall of Lucera, 66 years of age, was found 

dead in her bed, her face to the mattress, and her nostrils bloody, 
, and lacerated inside. Suspicion at once directed itself 



1 An infltrument by which tracings of the pulse and of alterations in 
the volume of the members under the influence of emotion may be ob- 
tained, and which expresses in millimeters the psychic reaction. 



436 CRIME: ITS CAUSES AND REMEDIES [§243 

against her two step-sons, M and F , men of bad repula- 

tion, who had been seen roaming in the neighborhood during tbe 
day and alone had an interest in the death of the victim, since 
she was about to purchase a life-annuity which would have 
disinherited them. At the autopsy there were shown to be 
all the internal marks of advanced putrefaction and of uspbjid- 
ation; and in the oesophagus was found an intestinal worm 
resting upon the opening of the glottis. Two experts pro- 
nounced it to be a case of asphyxia, produced by violent suffo- 
cation through the victim's being held with her face against 
the bolster, the worm having been drawn there only through  
fit of coughing. Another expert admitted the asph^'zia, but 
was not willing to deny the possibility of its having been caused 
by the worm. Called in, in my turn, as a consulting expert, 
I was able at least to observe that death from asphyxia pro- 
duced by intestinal worms are foimd only in infants and insane 
persons, and that then marked phenomena of reaction appear, 
which in this case were completely wanting; further, that the 

witness C declared he had heard stifled cries and the sound 

o( blows on the night of the crime in the direction of the chamber 

of the victim; and especially that M , the accused person, 

was juridically and anthropologically suspected of the crime, 
of which he had been openly accused by hb brother, who. much 

less criminal than he, was less obstinate in his denials. M 

was, in fact, the most perfect type of the born criminal: enor- 
mous jaws, frontal sinuses, and zygomata, thin upper Up. huge 
incisors, unusually large head (1620 c. c.). tactile obtuseness 
(4 mm, right, 2 mm. left) with sensorial mancinism. He was 
convicted. 

3. A. rich farmer, S , returning from market with 2000 

francs about him, was asked by an unknown man seeking work 
to take him into the carriage with him. Prom then on thij 
person did not leave him. They supped together and were 
seen towards evening going along the high road, where the 
following night the unfortunate farmer was found assassinated, 
bearing the marks of strangulation, his head shattered witli 
great stones, and his purse empty. Four witnesses called the 
judges' attention to tbe sinister physiognomy of the unknovn 




§ 244] PRACTICAL APPLICATION 437 

man, and a young girl declared that she had seen in the even- 
ing, sleeping near the murdered man» a certain Fazio, who was 
observed the next day hiding himself when the gendarmes 
approached the neighborhood. Upon examination I found 
that this man had outstanding ears, great maxillaries and 
cheek-bones, lemurine appendix, division of the frontal bone, 
premature wrinkles, sinister look, nose twisted to the right — 
in short, a physiognomy approaching the criminal type; pupils 
very slightly mobile, reflexes of the tendons quicker on the 
right side than on the left, great tactile obtuseness, more in 
the right hand (5 mm.) than in the left (4 mm.); motor and 
aeoflorial mandnism; a large picture of a woman tattooed upon 
his breast, with the words, ''Remembrance of Celina Laura" 
(his wife), and on his arm the picture of a girl. He had an 
epileptic aunt and an insane cousin, and investigation showed 
that he was a gambler and idler. In every way, then, biology 
furnished in this case indications which, joined with the other 
evidence, would have been enough to convict him in a countiy 
leas tender toward criminals. Notwithstanding this he was 
acquitted. 

§ 244. Proof of Innocence 

Criminal anthropology can not only help us to discover the 
real culprits, but may also save, or at least rehabilitate, inno- 
cent persons accused or convicted. 

Such a case occurred where a little girl, three and a half 
years old, was violated and infected by an unknown man, and 
her mother accused successively six yoimg men who lived on 
the same staircase and were familiar with the child. They 
were arrested, but all denied the crime. I picked out immedi- 
ately one among them who had obscene tattooing upon his arm, 
a sinister physiognomy, irregularities of the field of vision, and 
also traces of a recent attack of syphilis. Later this individual 
confessed his crime. 

A case observed in my clinic and published by Rossi in ''Una 
Centuria di Criminali" revealed the innocence of a convict. 
A certain Rossotto Giacinto, as a consequence of a series of 
false declarations and a letter received from his brother-in-law 



438 CRIME: ITS CAUSES AND REMEDIES [§245 

begging him to give false testimony, was coDdemned to impns- 
onment for life for highway robbery. Examining this min 
before my students, I found to my great surprise tiiat this 
was the most normal individual I had ever investigated. He 
was 50 years old; his height was 1.73 meters; he weighed 71J 
kilograms; his h^r and beard were abundant; mean cranial 
capacity, 1575 c. c; cephalic index, 84; and he was withoul 
facial anomaly. His sense of touch was very fine, 1.1 mm. for 
the right hand, 1.0 for the left, and .5 for the tongue; his 
general sensibility was normal (50), and sensibility to pain SU. 
He was ignorant of thieves' slang and was not cynical. He 
showed the condition of mind common to the average mu; 
he was fond of work, which had been his only consolation dll^' 
ing the long years of his captivity. His conduct had alirijl' 
been exemplary; even in prison he had shown no veiatioa 
except at his unjust condemnation and at his separatioo fnuD 
his family. Married at 19 years, he had never had interooursr 
with any other woman than his wife; and his family includd 
neither insane persons nor criminals. While I was examining 
him, not yet knowing anything of his antecedents, I said \o 
my students, "If this man had not been sentenced for life, Ik 
would represent to me the true type of the average honest man-" 
It was then that the unfortunate man quietly answered, "But 
I am an honest man and I can prove it." He put u 
possession numerous documents proWng his perfect ho 
such a-s death-bed declarations of the real authors of the 
with which he had been charged, who swore before the justice 
of the peace that he had no part in the crime, attestations o( 
prison directors, etc. His neighbors, of whom I made inquiria 
with regard to him, declared that he was a perfectly honest 

5345. Ped^ogy 



To our school is owing still another application, direct  
no less useful, namely, the appUcation to pedagogy, 
pological examination, by pointing out the criminal type, tl 
precocious development of the body, the lack of symmeUy. I 
the smallness of the head, and the exaggerated size of t^ I 



■N 



.^ 




\ 2461 PRACTICAL APPLICATION 439 

Face escplaius the scholastic and disciplinary shortcomings of 
children thus marked and permits them to be separated in 
time from their better-endowed companions and directed 
boward careers more suited to their temperament; and some- 
times it may even point the way to a cure, through emigration, 
moral education, and medical treatment. 

§346. Art — Letters 

In literature itself we can see a last application of this new 
science, not only in the interpretation of masterpieces in which 
genius has already anticipated some of the results of criminal 
anthropology, as Shal^espeare in *' Macbeth" and ''Lear," 
and Wiertz in the '''Enthaupteten" ; but also in suggesting 
new forms of art, as in the admirable works of Dostojewsky, 
'^Totenhaus" and "Schuld und Siihne," in Zola's ''B«te Hu- 
maine," Garbarg's^ ''Kolbrottenbro og Andre Sldldringer," 
Ibsen's "Hedda Gabler," and d'Annimzio's "Innocente." 

And why should we not count among our triumphs the new 
i^yplications that have been made to the most distant branches 
of science? Thus Max Nordau has found in our science a 
basis for the criticism of artistic, philosophical, and literary 
creations; ' in the 'same way Fern and Le Fort have made an 
^yplication of it to the criticism of the great masters of paint- 
ing and the drama; and now Sighele, Ferrero, and Bianchi 
have applied it to modem history and politics. 

When a collective crime rises suddenly as a strange, inex- 
plicable phenomenon in modem society, the researches into 
the special crime of mobs explain it for us admirably. At the 
same time they teach us to defend ourselves against such 
crimes by the preventive measures counseled by philanthropy. 
Otherwise a cruel reaction would certainly follow with univer- 
sal approval, and the wound would be poisoned instead of 
healed.* 

< See Ferri, "Les Criminels dans VAii" 1897: Lombroeo, "Le piu 
Beeeati Sooperte/' 1893; Le ForL "Le TVpe Criminel dans VArt," 1891. 

* "Degeneracy/' Vob. I and II. 

* 85db3e, "La Foule CrimineUe," 1889; Ferrero, "Le Symbolisme du 

MOlt, looV. 



CHAPTER VI 



THE DTILIZATION OF CBIME - 



!»47. 



HAVING arrived at the end of my long labor, like the 
traveler who finally touches the shore, I cast a glance 
over the space that I have traversed; and among mimeroDS 
omissions, of which there is no lack in the most carefully exe- 
cuted work, I perceive that I have too much neglected that 
side of crime which concerns its utility, proved, at least in- 
directly, by its long continuance. 

If we try to apply the Darwinian law (according to whidi 
only those organisms survive which have utility for the spwdes) 
to the fact that crime does not cease to increase, at least under 
the forms of swindUng, peculation, and bankruptcy, we are 
driven to believe that it must have, if not a function, at least 
a social utility. 

It is known, in fact, that in ancient times, and still to-day 
among the less civiUzed peoples, the greatest crimes were, and 
still are. utilized as a political weapon. We even possess t 
code, that of Machiavelli, which is only a long series of criminal 
projects with a political end, in which Borgia was the model. 
Do we not see, from the time of the Council of Ten in Venice, 
who hired assassins for pohtical purposes, to the massacre uf 
St. Bartholomew, crime reigning as sovereign in the most 
remote as weU as in the most recent epochs? No one has for- 
gotten the parliamentary corruption of Pitt and Guizot, or the 
treasons of Fouch6 and Talleyrand. More recently the Pan*- | 
mists and the Crispists have shown us that political morah^ I 
differs widelj- from private morality, and that nunisters may 
be criminals even though highly esteemed; while the anarchist!, 
in their turn, have declared that they regard crime as a weapon 




§ 247] THE UTILIZATION OF CBIME 441 

of war. The man of integrity^ moreover, whose love of justiee 
and truth prevents his telling a lie necessary to surmount an 
obstacle, to lure distrustful persons, or to flatter princes with 
whom flatteiy is the highest virtue, will always find insur- 
mountable difficulties barring his way. We see then that Vice 
becomes almost necessary for parliamentaiy government of 
uncivilized and civilized peoples alike. Buckle has shown in 
his immortal work how much more dangerous it is to have 
statesmen ignorant than to have them criminal; for if they are 
ignorant they leave the nation exposed to all the rascals there 
are, while if they are rascals themselves they alone commit 
crime. It was the worst minister that Italy has had who 
declared, '*We shall be incapable, but honest"; yet history has 
ahown that not even he was honest. In our time the lie is no 
less necessary to specialists, physicians, and lawyers; it is even 
the basis of their operations. The pious lie which comforts 
the last moments of the consumptive, is often used not simply 
for the hysterical and chlorotic, but even for those who are per- 
fectly well; just as the defense of the orphan and the widow is 
easily used also on behalf of their persecutors. Further, is 
there any greater crime than war, which is only an accumula- 
tion of theft, arson, rape, and murder, provoked by causes 
similar to those of common crimes, such as personal ambition 
and cupidity, and excused only because they are committed on 
a large scale? However, we must recognize that if war is an 
evil in civilized countries, it is in semi-barbarous countries the 
starting point for immense progress. Beginning with the 
primitive tribe, men are welded by war into small groups, then 
into larger groups, and finally into nations. Furthermore, 
military conquest has obliged savage men, who are naturally 
idle, to endure privations and to overcome the natural disin- 
clination to work; it has initiated the system of gradual sub- 
Ofdination under which all social life has been established 
(Spencer). War, on the other hand, has often contributed to 
popular liberty. It is doubtless for this reason that the indig- 
nation against war is not sufficiently general to prevent men 
fitom provoking it. Prostitution, which we have seen to be 
tlie equivalent of crime, can, in its turn, prevent a number of 



442 CRIME: ITS CAUSES AND BEBiEDIES Bttl {2 

sexual crimes, as is proved by the rdativdy greater mmlNi I ge 
of rapes in country districts. We know that the crettiaidl I u 
houses of prostitution brought Solon eternal gratitude, iki I k 
it was recognized how useful they were for cdieddng tk » I t 
creasing number of rapes at Athens. Usury itself was vt | i 
without utiUty : it was from this that the bourgeouie arose, wtk 
the first accumulations of capital ci4>able of giving biidi li 
the most potent enterprises of humanity. No vikow has Aon 
us that the expulsion of the Jewish merchants and usorb 
from Russia impoverished the very peasants on whose IxUI 
it was carried out; for it had as its result the lowering of tk 
price of flax, for want of able speculators to sell the prodMl 
We know, also, that the officials of the communes in the IkGddk 
Ages, after having expelled the Jews» soon had to recaB tlia^ 
because their expulsion had paralyased all the industries.^ 

I have shown ^ that many of the penalties against criniesii 
barbarous times were themselves only new crimes, sodi a 
codified vengeance, cannibalism, etc. The ta6u was a series rf 
prohibitions, often absurd, introduced by the priests naif 
always for their own self-interest; but there are found amooi 
these some which are useful, such as those which protected the 
crops and the fisheries from exhaustion by a premature gather- 
ing. Compensation for homicide, which barbarous chiefs im- 
posed upon their subjects and bishops and pK>p>es continued 
during the Middle Ages, was nothing else than simony and 
peculation under difTerent forms. But it was a check upon 
homicide, and fixed the principle of a less barbarous codific*- 
tion having a principle of gradation. 

I believe, then, that the modem tolerance toward so many 
criminals is due to the tendency to a love of the new whid 
they very often bring into the industries and even into poli- 
tics, — a tendency totally opposed to the temj>er of the a^•e^ 
age man. In the writings of criminals,' among innumerable 
things that are shameful I have at times observ^ed traces of t 

* Lombroso, "L'Antisemitismo," 1894; Id., "Le Crime PoEtique," 
1892. 

» "Homme Criminel," Vol. I. 

• Lombroso, " Palimpsestes de la Prison," Lyons, 1894. 






THE UTILIZATION OF CRIME 443 



I which is not met with in the average man. In criminab 
len of genius, with whom they have in common an epi- 
basis, degeneracy is not productive of evil alone. Just 
le man of genius the excess of intelligence is compensated 
a lack of moral sense and practical energy,' so in the 
d the lack of feeling is often compensated for by energy 
*< action and the love of the new, the organic anomaly destroy- 
' g the exaggerated conservatism habitual to the normal man. 
I'ir abnonnality, their love of the new, impel them to enroll 
:iiselves in the extreme parties. Ctesar and Catiline at 
~t found partisans only among rascals, while the ancient 
nsular party drew only respectable persons.* History teaches 
•i that the nucleus of almost all great rebellions is criminal. 
Moreover, criminals play such a part in parliamentaiy Ufe 
^t it would be impossible to eliminate them from it without 
i«at harm; just as it would not have been possible to expel 
fB ancient tyrants, who were criminals, but useful criminals. 
iVen forgers and swindlers, though they work entirely for 
leir own advantage, set in motion so many different acti\'itie9 
lat they give a powerful impulse to progress. Their lack of 
xuples, their violent impubiveness, and their blindness to 
^stacles cause them to succeed where honest men would 
uevitabty fail. 

This fondness for innovations which they carry out by 
ime is at times the starting point for immense enterprises. 
he construction of the Suez Canal, for example, is due to a 
kIo«sal swindle, accomplished by the same artifices which were 
oployed in connection u'itli Panama. Similarly the English 
ivy had its origin in the piracy of Drake and his contempo- 
iries. The colonization of Venezuela by the Italians is due 
I An officer expelled from our army for cheating. Mimande * 
mtiona two swindlers, an incendiary, and two thie^'es who 
.tfoduced into New Caledonia the cultivation of tapioca and 
itatoes on a large scale, and also the tanning of leather; while 
' thief, formerly a distiller, discovered the means of 

' IxiinbroBO, "The Man of GeniuB," Pt. IV. 

* Lombroeo and Laschi, "Le Cnme Politique," 1800. 

• "Criminopolie," 1897. 



444 CRIME: ITS CAUSES AND REMEDIES g24 

extracting perfumes aod liquors from the indigenous plant 
Among semi- barbarous nation-t, where crime is rather a cotnmii 
activity than a misdeed, the criminals often become populi 
justices and, as it were, pohtical tribunes. They exercise ai 
put in practice, for their own benefit, it is true, but also (( 
the benefit of others, a kind of violent communism, whit 
permits them to enrich themselves while despoiling the ric 
and powerful; but they apply at the same time a smnnui 
justice which supplies the lack of official justice. In Sardini 
in Corsica, and for a long time in Sicily under the Bourboa 
the real judges, the true protectors of the oppressed, were, na 
still actually are, the brigands, who often divide their bool 
with the poor, becoming their leaders in revolts. In Naple 
and in Sicily in part, the Camorra and the Mafia, &lthoug 
they are criminal associations, for a long time adnunistertd 
relative justice upon the people, expecially in the haunts i 
vice, in the inns, and in the prisons. They were able to offi 
property owners and travelers a kind of security against mal 
factors which it was far from being in the power of the goven 
nient to guarantee. It was for this reason that they wb 
tolerated, and even aided, by honest men. Thus it wi 
that under Louis XIV during nearly a century, the poon 
people of France owed to brigands and smugglers, assodat< 
and organized almost into an army, the fact that they wei 
able to have salt, which was then so heavily taxed that it lu 
become an article of real luxury. 

In the midst of too corrupt a civilization, when the extien 
of legalism has come to encourage crime by impunity, l>iid 
ing, which is itself a crime, becomes a barbarous but efficacioi 
means of self-defense. In California, for example, all ti 
public offices, including the judgeships, were in the hands c 
a band of real malefactors, who stole with impunity and wrr 
acquitted when accused. The majority of the people, b«wn 
ing disgusted, rose up and IjTiched them. Since then C»ii 
foTuia has been the quietest state in the Union. Without tlw 
means justice would ne\*er have succeeded in extirpating lie 
criminals, any more than now in Italy it succeeds in reaclui'! 
great rascals if the)' are under the shelter of their high offices- 




§247] THE UTILIZATION OF CBIME 445 

An this explains why, among barbarous peoples as among 
tlie most dvilizedy many crimes are not only not punished but 
aie even encouraged, and why the reaction against certain 
crimes is so weak and insufficient. 

Besides, the objections, revisions, appeals, and counter- 
«|»peals for the purpose of securing the impartiality of the 
veidict are so numerous that, when sentence is finally pro- 
nounced, men have forgotten the crime, or they are so wearied 
by Awaiting that the most unjust verdict awakens no opposition. 
And if sometimes the judgment is unjust and severe, pardons 
and anmesties remedy the matter, so that a criminal must be 
veiy poor and very stupid if he is to undergo the whole of the 
punishment that he deserves. Criminal trials too frequently 
Btrve only to allow lawyers to transfer to their own pockets 
the money which criminals have stolen from honest men; such 
trials are after all only a pretext for us to lull ourselves into a 
feeling of security which new crimes daUy prove false. 

We may add that if the ancient criminal trials, juridical 
cannibalism, the public copulation of persons guilty of adultery, 
and the combats with wild beasts were wretched and criminal 
amusements, modem trials, in their turn, are no less inunoral, 
thanks to the theatrical character of the assizes and of the 
infliction of the death penalty. At these the worst criminals 
congr^ate, finding them their best amusements, as well as 
a means of learning more evil and increasing the number of 
their misdeeds^ It results that the penalty itself and the 
means of executing it are another form of crime, of which the 
whole cost is borne by honest men. Thus Italy, having lost 
£0 miUions by the evil devices of criminals, loses four times 
as much in having them arrested and tried, and six times as 
nrach for their support in prison. It is not too much to say 
that a good share of honest men's earnings are paid out for 
the benefit of criminals, for whom an ill-conceived ' pity 
always finds extenuating circumstances, and the more so the 
worse they are. 

An this would not have persisted through so many centu- 
iKSy if the fundamental usefulness of certain crimes among 
barbarous or semi-barbarous peoples had not been great enough 



446 CRIME: ITS CAUSES AND REMEDIES [&248 

to prevent a really decided reaction from arbiug in the bearto 
of honest men. 

i 348. Symbiotis 

But, this temporary function of crime being admitted, doe« 
it follow that the supreme end to which this book is directed, 
the contest against crime, is useless, und perhaps even baxin- 
ful? If it were so, I myself, in whom desire for the good and ' 
hatred of evil surpass any theoretical con\'iction, would be 
the first to tear up these pages. But happily we can, even at 
present, already catch a glimpse of a less discouraging way, 
which, without abolishing the struggle against crime, will adioit 
of less harsh means of repression. 

The new way which is open before us is only in part pointed 
out by our pitiless criticism of present penal methods and our 
praise of preventive measures as the most direct and effective 
helps against crime. The new method requires, as one of the 
principal measures, the creation of institutions for utilizing the 
criminal in the same degree as the honest man, to the gre&t 
advantage of both; and this so much the more since veiy often 
crime (for example, the crime of anarchy) reveals the most 
infected seat of the social diseases, just as cholera points out 
the quarters of the city that most require sanitation. 

We aim at this end in proportion as we lay aside the andeat 
repressive cruelty, in accordance with the change in the times 
and the amelioration of social conditions. If it is true tliai 
crimes are increasing in number, it is also true that they a," 
being stripped of their ancient atavistic ferocity and cIoth«J i^i 
new, less repugnant, and less savage forms, — like forgeiy awl 
swindling, agiuDst which culture and foresight arc a better 
safeguard than repression. As the times change we see h«i 
social inequalities become less and less, and just as our most 
urgent social needs have been met by collective means, in 
public lighting, education, and road-making, so now we begiii 
to see that similar means will repair our greatest social injus- 
tices, and that in this way one of the most powerful eaus-i 
of accidental crime, the insufficiency of work, may be eliiui- 



I 



§248] THE UTILIZATION OF CRIME 447 

Dated and the excess of wealth, another potent cause of crime» 
prevented. 

There exists, it is true, a group of criminals, bom for evil, 
against whom all social cures break as against a rock — a fact 
which compels us to eliminate them completely, even by death. 
But we comprehend that this deplorable necessity will end by 
disappearing, — at least for the less dangerous criminals, the 
criminaloids, — and that the means of adapting them to social 
life will become more and more frequent, thanks to medical 
core and to their utilization in occupations suited to their 
atavistic tendencies. Such would be war or surgeiy for homi- 
cides, the police or journalism for swindlers, etc., and finally 
colonization in wild and unhealthy countries for vagabonds, 
where they would be at least subjected to a fixed abode. 

If, on the one hand, natural history has shown us the exist- 
ence of murderous organs even in plants (carnivorous plants),^ ^ 
it shows us also, almost as a symbol of human charity, numer- 
ous cases of symbiosis, i. e., instances where plants, harmful 
in themselves, become useful and beneficial when united to- 
gether, while increasing their own vigor. Thus the richness of i 
nitiogen in leguminous plants is due to a schizomicete, the 
RkiMobiMm Uguminosarum of Frank, which collects in the roots 
ol these plants and penetrates by their rootlets in the earth 
into their very cells, where it multiplies. The cells, in turn, . 
being irritated, divide, giving rise to another tubercle, where 
the germ is formed, part of which is utilized by the plant, and 
another part spreads in the soil, increasing its richness in nitro- / 
gen. In the animal world we see the medusa Combessa Palmipea^ 
which attacks everything that approaches it, defending the 
Caranx mdampygtu against the large fishes; and in the same 
wav the hermit crab, in place of devouring the Actinia^ allows 
itjlo fasten itself upon its shell, and, while canying and pro- 
tecting it, makes use of its brilliant color to attract its own 
pfi^. If science has shown us that the fusion of two useless 
€xr harmful plants may be useful, as when the fungi and the 
algse together produce the lichens, the time is not far distant 
wlien society will find the means, with an appropriate symbi* 

» "Homme Criminel," Vol. I, Pt. I. 



N 



448 CRIME: ITS CAUSES AND REMEDIES [§^ 

otic culture, to acclimate the criminaloid to the environment of 
the most fully developed civihzation, not only tolerating bin 
but also utilizing him to its own advantage. The time is 
doubtless not far distant when we shall see in human civilia- 
tion the carnivorous plants being eliminated, while the sym- 
biotic plants go on increasing. 

But we shall att^ this end completely only upon the haaii 
of the new science of anthropology, which, by Individ ualizjn; 
its work, can give us powerful aid in discovering the special 
tendencies of criminals, in order to direct them and utilize the 
less anti-social of them. 

Nino Bixio is a striking example of the possibility of this 
reform. Criminal and impulsive from his childhood, he was 
the terror of his companions, whom he struck on all occa^om^ 
A vagabond and deserter, he seemed entirely incorrigible; yet 
he became a famous man when he was brought into the navy, 
where he could expend his excess of activity. In the same way 
men are not rare whom Garibaldi transformed from vagabonds 
into heroes. Very often in prisons I have heard thieves and 
assassins declare that they had committed their crimes only 
in order to get the means to become comedians or bicyclists; 
protesting, with that accent that does not admit of doubt, 
that if they had been able to attain their ideal they woolil 
have become famous and forever escaped from crime, I sin 
the more convinced that they were right, since I have observed 
bom criminals occupying high positions in tJie world, who 
satisfied their evil propensities in the exercise of their profes- 
sion, becoming very often, instead of the anti-social beings they 
once were, useful members of society. There is a certain cele- 
brated surgeon who presents upon his face and skull and ewn 
in his talk all the marks of congenital criminahty, of which be 
has also the eetiology. He has found an outlet for hb cruel 
energy in surgical operations which, while doubtless somctini« 
dangerous, have nevertheless always the signs of genius. I 
have also known a certain Trinis, an athletic workman, who wu 
well-behaved as long as he could spend his energy upon bis 
work, but became dangerous as soon as sickness kept to 
idle. This is the type of the murderer from superobundaoR 




§248] THE UTILIZATION OF CBDIE 449 

of force» which he discharges against someone else, especially 
against the police. I have known another criminal, analgesic 
and afflicted with vertigo from birth, who remained honest as 
long as he could satisfy his fondness for the sight of blood in 
his trade of butcher. When he became a corporal, however, 
he beat the soldiers to whom he had to teach the manual of 
anna. Out of work he became a swindler, thief, and murderer. 
Tohi« the Sardinian brigand, many times a murderer, was in 
the last years of his life very useful for the public safety in 
Sardinia against certain bands organized to steal cattle, whom 
he kept in order by the terror of his name alone, while soldiers 
and gendarmes could do nothing against them. Tiburzio did 
the same for more than a quarter of a century in the Roman 
campagna, and prevented all thefts by other criminals; but 
Tohi did still more, for he introduced the prevention of crime 
by having cattle lent to those who would otherwise have had 
to steal them, and persuaded the people that honest labor 
pays better than theft.^ 

I have shown in my previous studies ^ that genius, like moral 
insanity, has its basis in epilepsy. It is not absurd, then, to 
see moral insanity united with genius, and by that veiy union 
made not only harmless but sometimes even useful to society. 
This occurs in the case of great conquerors and leaders of 
revolutions, so that the criminal marks escape notice, even 
with contemporaries, although they may be even more strik- 
ing than the marks of genius. When we study the lives of 
the great pioneers in Australia and America we see that they 
were almost all bom criminals, pirates, or assassins, whose 
ezcsessive fondness for action, strife, carnage, and novelty, 
which would have been an immense danger for their country, 
found a useful outlet in the midst of tribes of savages. All 
this proves that we must profit by the change which epileptic 
insanity sometimes brings on, impelling bom criminals to 
esu^essive altruism and even saintliness, which, in its turn, 
draws along not only individuals but whole masses in an epi- 
demic of virtue. Such were the cases of Lazzaretti, of Loyola, 

» CoBta, "n Brigante Tolu," 1879. 
* "Man of Genius," Pt.m. 



450 CRIME; ITS CAUSES AND REMEDIES [§2 

and of St. John of Ciodud. Thetr insensibility to pain 
their recklessness make heroes of them in the face of dang 
as we have seen in the case of HoUen, Fieschi, and Mottini, * 
had gained medals for valor in war, and the Ciephtes, who y 
the first heroes of the Greek war of independence. Many 
criminals from an impulsiveness which drives them as ir 
sistibly toward good as toward evil. It is thus that we oi 
explain the heroism of the convicts at the time of the cholt 
at Naples and Palermo, and the similar heroism which 
the whole village of Kotscha from burning. 

It is for thii reason that the state, instead of using repr 
sive measures, ought to attempt to direct to great altnii; 
works that energy, that passion for the good, the just, and t 
new, which animates the criminal by passion and the politi 
criminal. A great people ought to aim at the utilization 
these forces, which, left to themselves, would certMnly beco 
dangerous; for they can be utilized, and may even succeed 
transforming the apathetic masses. Revolutions are the res 
of energies entirely polarized toward the new and the usel 
but often the immaturity of the innovations which they 
themselves to introduce makes them, for the time beingi 1 
suitable and dangerous. It follows, then, that the punialn 
of the authors, if it is at all po.ssiblc to punish them, ou^iH 
to be made painful; and if it is necessary to prevent thcE 
movement from starting prematurely, it is not necessai; 
prevent it from taking a direction which might be advanta^ 
at a more propitious time.' If the ball which struck Gatfti| 
had killed him, many great works would never have 3ee4 
day; and if death had not so soon snatched him from lU,^ 
knows whether he would not have realized his dream of Im 
ing the marshes of Italy into fertile fields, in place of our ihto 
ing ourselves headlong into the barren moors of Africa. Ii 
nation Uke Russia, exhausted by an all-powerful bureaucrK 
we have seen the energy of persecuted sectaries transform alnK 
uninhabitable regions into fruitful fields with prosperous ai 
populous cities. 

Here are the results of symbiosis. This is the sublime^ 
 Lombrooo, "Le Crime Politique et Les Revolutions," 180L 



§248] THE UTILIZATION OF CRIME 451 

which the great Redeemer and the prophets foresaw when thej 
prophesied, "'The wolf and the lamb shall feed together, and 
the lion shall eat straw like the bullock. . . . They shall not 
hurt nor destroy in all my holy mountain, saith the Lord**; 
and it is what Madame de StalS, that saint of a newer time, 
divined when she declared: *'To understand is to pardon.'* 



I -I 



r I 



i I 



> 

r, 



BIBUOGRAFHY OP THE WRITINGS OP 
CESARE LOMBROSO ON CRIMINAL 

ANTHROPOLOGY* 

1868 PrdeDooe al Cono di Clmica di nudattie mentiOi {GaaaeUa 
Medioa Lamb.., Chiuai, Idiuio). 

Cenni di geografia medica italiana. Ai media militari dltalia 

{QiomaU di Medicina miUtare, pag. 481). 

Memoria su un tumore del ccrvelletto (Letta alia conf erenza 

sdentifica deU'Oipedalrmilitaie di Pavia) (Id^ pag. 1060). 
1864 Sul Utuaggio de^ Italiani (/J.). 

Bivista Psichiatrica e Prieologicm (BiUiografie pobblicate ne^ 

AtmaU Ufttwertiiari di Medidna^ marzo, lu^io e ottobre). 
1805 La mkleciiie legale des aliteatioiis mentales ftudife par la m/b- 
thode ezp^rimentale. Bai^x>rt k la Soci^t^ de Marseille 
{Btdlain det Trawaux de la SoeUU ImperiaU de MSdud de 
MareeOU). 

La medidna legaU ndle aUenazUnd meniaU dudiaia eol melodo 

tperimenUde. Pag. 49 (con 2 tav.). Padova, Proq>erim edit. 

Studi dinid sulle malattie mentalL Torino {QiomaU deOa 

Reffia Aeeademia di Medicina^ N. IS, 14). 
1800 Anonra sulla medicina legale ddle alienazioni studiata col 
metodo qperimentale. Risposta. Pag. 80. Padova {GazaeUa 
Medica Italiana Pronneie Verute, Anno IX* N. 5, 0, e 7). 

Diagnod psichiatrico-legali eseguite col metodo aperimentale 

(Archimo iial. per le malatUe meniaU e nervoee, Milano). 
1807 Algometria elettrica ndl' uomo sano ed alienato {Ann. Univer^ 
tali di Medicina^ Milano). 

Diagnon psichiatrico-legali eseguite col metodo sperimentale 

(Arckivio Ualiano per le malatUe nervose. Anno IV, pag. 50, 
Milano). 

Sull'orina nei pazzi {RUf. Cliniea). 

Sul peso dei sani e dei pazzi (Id.), 

Craniometria nei sani e nri pazzi (li.). 

Mania epilettica da cisticerco nei oervdlo e nei reni {Aeeademia 

di Medicina, Torino). 

Sulla medicina legale ddle alienazioni (Oaaa. Med. It, Padova). 

^ This Bibliogrrahy was kindly prepared by P ro fe ssor Loml»08o*s dau^ 
ter, Signora Gina Lombroso-Fenevo. 



454 



BIBUOGRAPHY 



1867 Azione degli astri e deUe meteore ndla menU umana. Pag. 110. 

Premittto dall'Istituto Lombardo {Archivio italtano per U 
Tnalatiie iiemose, Milano). 
Dinamometria nell'uomo sano e neH'alieaato {Id.). 

1868 Suiralgometria elettrica. Risposta. {Rend. deU'Ittitvto Lm- 

bardo, serie U, vol. I, (aac. VIU, Milano). 

Diagnoai pstchiatrico-legaii. Parte EI. Studiate coa metajo 

sperimentale (ia collaborazione con Flatner). Stabilimenta 
Redaelli, Milano {ATchiirio iUdiano per U malattu ne 
pag. 28). 

Sulla relazioDe tra I'eU ed i piinti lunari e gU access! 

alieuaziooi mentali e dell'epilessia (Jlendiconii deU'htitnlt 

Lombardo, serie II, vol. I, fasc. VI). 
' Di alcuoi studi statistic! ed auatomo-patologici dei p^cliiatri 

di Olanda, Germaaia ed loghilterra {Arckimo italiano ptf !■ 

malattie nemote, Milano). 
Azioni del magnete sui pazzi {Ricisia Clinica, Bologna). 

Studi clinici psichiatrici (Gangrena polmonare. Mama acuti. 

Demema pellagrosa. Mania pellagroaa). (Gaaetla meHei 
Ualiana. anno XI, N. 46, 47, 48, 49. Fadova, Prospeiini). 

loflucnze delle ineteore sulle tcndenze criminaii (Arek. ilalimB 

Milano). 

Documenti per la aloria detia meleorologiai applicata alia medi- 

cma c psichiatria (Archivio ifoiiaiio per U malaUie menlali t 

1871 Sulla pazzia criminale in Italia nel 68, 69, 70 {Rivuta DurifitM 

Carcerarie). 

Circonvoluzione cerebrale soprannumeraria di im onudd* i 

aatirioco (ArcliSino italiano delle malattie nemose, Milano). 

Osservazioni meteorologiche-psichiatriclie deU'anno astronomico 

1368 nel! a clinica psichiatrica di Pa via (.Rivitta diiaca, 
Bologna). 

Dei pazzi criminaii in Italia {Riv. Discipline Careerarie, Bfiina). 

Diagnosi medico-legale di un uxoricida (in coUaborauone cm 

Scarenzio) {Gazzetta mfdica italiana, Milano). 

Osaervazioui di psicologia patotogica {Morgagni, Napoli). 

Caso di un tricoma circoscritto in un monomaniaco {Rendtto^ 

dell'Istitulo Lombardo). 

Eaisleaza di una foaaetta cerebeliaTe mediana nel cranio di w 

delinquente (Rendieordi deWIsliiulo Lomb., vol. V, fasc, 18). 

1872 Rivbta psichiatrica (BibiiograGe). Milano, Tip. Sociale. 

Verzeni e Agnoletti (Riv. di Discipline carcerarie, Roma). 

Sull'iatituzione dci manicomi criminaii in Italia (Acn^toxdi 

dell'Iatituto Lombardo). 

Antropometria di 400 delinquent! veneti (Id., vol. V, fasc. XII)- 

— (Nucleo dell't/omo delinquente). 



BIBLHMaLAFHY 4S5 



Cisnio (EmddapedMa meHea FflOaivK). 

Antropofigia (/^). — Cretmianio. 

Quattzo CMM di mioooc^yia (Bemdiamii idtltL Igmfc,, tqL IT. 

£aac XX; toL T, £uc. I). 
SuDs Teoricm defl^m^NitmbiliU e k «^g*»i^~> dd fibero aziiitiio 

diFcni. (.Ifdktnb Oiicniieo, XXL kac. 5<», Fin). 

{EemdMomti ddTlMHuio Lcmbardo. loie II. tqL VI. &ac ¥1). 
Milang, Tip. BemudooL 

mentale. Pag. (B (^Ixnob' Uftspenolt di wudietMa^ toL 22S). 

MilaiK^j Fratdli AsdiiedeL 
Studi dinid e antropometrid suDa microoe&lia ed il artinedmo. 

Pag. 57 {Ruida Cludea^ Bologna. Fava e Garagnani). 
Bivista Podxiatrica (fUnda di Medidna, di Ckantrfia e di 

TerapeMlioa, MOano. Tip. Sodak). 
Sui lapporti dd oervefletto oolla foaietta orripitalr wnmMmnm 

(in ooOaborajskme oon Binocsero) (Arckino d'Anirapolofim, 

V. m. Firenxe). 
VenBeni ed Agnoletti atndiati od metodo antropologioo. Boma. 
Casuislica niedico4ega]e. Pag. 63. Milaiio. Bfrhifidd editori. 
AfetU e pauiam dd ddinqmenii {2? nudeo ddTUoMO Ddu^ 

quenU). Pag. 22. NoU letta aniatitato Lombardo. 
Baoodta di cad attinenti alia medidna legale {Id,), 
Sulla tiaafnsoDe dd augue oompaiato agli innefti animali. 

Memoria di 120 pagine premiata allTst. Lombaido (Jfor- 

gagnit £aac. otL-oov^-dic., Napoli). 
Delia f OBsetta oodpitale mrdiana in lapporto ooUo sviliqipo dd 

vermis {Ritida, tpenmentaU di JreniidHa e medidna legale^ 

anno I. £aac. II). 
Bdiandlung der Eczemale und Chloaamat von verdorbeDem 

Mais iCentroBd.). 
Uamo Ddbnquade, 1* ediz. Pag. 252. Milano, HoeplL 
Seconda riqwsU vefbale al doU. Biffi (fimdieonii ddFldHtdo 

Lombardo, 4 maggio 1876). 
I vdeni dd maiz e della pdlagra (/<£.» 28 mano 1876). 
Sull'abolizknie dd riformatori dd minorenni (fiiriita di died- 

pline eareerariep Boma). 
n oervello dell'aaaaMtno Leopoldo Fread (fiiriita di disdpKme 

e ar eer an e, VL, 8, Boma). 
Sulla sUtistica ddla pdlagra in Italia* Boma^Torino, Eradi 

Botta. 
Sui veleni dd cadavere e sulla pdlagra (Goac Medioa ItaUama, 

Padova. 1877^. 
SuUe cnndifaani ficoDomidae'igifrpidif dd ooptadini deO' AlU e 



456 



BIBLIOGRAPHY 



Eslr. daU'ltalia agrioAa, Mnuo, 



aU'Igiene ed aUa TfTOpM 
Pag. 877. Tip. Fava e Gm- 



Torino, Baglione 



Media Italia. Pag. 
Tip. Bernardoni. 
1S7T / veleni del maa e le ioro appli 
iRiviila Clinica di Bdogna). 
gnaoi, Bologna. 

SuUa medteina legale del eadavere. 

editore. 

1B78 Dell 'influenza dell'orografia suila atatura (Arck. di SlatMca, 
anno II. fasc. III). Roma, Tip. Elzeviriana. 

Note di Antropometiia sulla Luccheaia e Garfagnana {AnnaU^ 

statUUca, vol. I, serie 11. Roma). 

Sulla Trossarello-Sola. Relazione. Torino (Atmita di diteiiUm 

carcerarie. anno Vm. fasc. 8). 

Alcuni cenni suiraasassmo Alberti (in coll. con MaSei). Torino. 

Su Giovanni Cavagliil omicida e suicida (coll. Dr. Fiore) (fiitiitt 

di diicijdine carcefarU, anno VII, fasc. 8). 

Sul cranio di Volta (Rendiconii deU'lstituto Lombardo, serie II, 

vol. XI. fasc. 7). 

Mnemoaine. Poesia. 20 maggio 1878. Tip. Bortolotti. 

Su alcuni prodotti del maiz guasto. Strassburg, di Husemaoo. 

L'Uomo Delinquente. 2' edizioue. Vol. luuco. Pag, 7*8. 

Torino, Bocca. 

Del maiz in rapporto alia salute {Raaaeffna letHnuauih, pagu 

1878. Firenze). 

Rapporto sull'opera: "De la cause lielle de la pellagn" (Oion. 

Relazione suH' opera "Ueber einige Producle des gcfault^n 

Mais" (Id.). 
1879 Stitdi su 106 cranii piemonteai (in coll. coo ManuelU) (Oionuk 
deW Accademia di Medteina di Torino). 

Studi sui segni professionati dei facchini e sui lipomi ddk 

Ottentotte. camelli e zebA, e sullu stricuismo cronico. Pig. 
46 (in collab. con Cougnet) (Id.). 
Sullo slricnismo cronico. 

Prolusione al corao di medicina legale {Giontaie infanuizuMafa 

di acienxe medicke, anno I, gcnn., Napoli). 

SvU'incTsmenio del deliUo in Italia e rui mesti per amttoA. 

Pag. 137. Torino. Bocca. 

Considerazioni al procesao Paasanante, Pag. 60 (Gionudt In- 

temazionale delle acienze pratiche, anno I, n. 4). 

Su Paasanante: risposta alia Nota dei prof. Tamburini (Wi 

anno I, fasc. 9). 

La pellagra nella provincia de! Friuli (Giornale ddla R. .^w•• 

demia di Medicina di Torino). 

Pafere medico-legale sullo alato di mente di G. Bertoa od 

raomento in cui dettava il suo tesUmento 4 aprile. Cdiod 
Lavagim. 



BIBLIOGaAPHY 457 

1870 La pellagra in n^porto alia pretesa insuflkieiiia alimentaie 
{Qiom, Ace. di med, di Torino), 

Su alcune nuove fcHine di malattie mentali (Id,). 

Cinque casi di divisione dell'osso malare (in coUaboradone con 

Amadei) (Id,). 

1880 n vino nel delitto, nel suiddio e nella paszia. Conferensa. 

Ermanno Loescher edit., Torino. 

Sulla Trossarello-Sola. Beladone {Arekimo di PMdabriOt 

Torino). 

Scrittura ideograSca di un monomaniaco (in cdlaboradone con 

Toselli). Con 2 Uv. (Id.). 

Del lavoro dei carcerati ndle opere di bonifica. Comunicazione 

al Congresso Intemazionale d'Igiene (Aruudi UrnmrmU di 
msdicifUh 7-11 settembre). 

1881 La nuova propoata di legge sui Manicomii criminali (Arehmo 

di Pneh.» vd. 11, fasc. 2). 

Delinquent d'occasione (/<{., 11, SIS, Torino). 

Sfigmografia dei delinquenti alienati. Torino. 

Sull'incremento del delitto in Italia e sui mezsi per arrestario 

(Rinsta tperimerdale). 
188£ ImbedllitA morale in donna ladra e prostituta^/d, volume El, 
iasc. 2). 

Sui delitto e le meteore. Studi critici (RmHa Clinieat Milano, 

Vallardi). 

Sull'azione del magnete e sulla trasposisione dei senai ndl'iste- 

rismo (Arch, di Pnckiatria, HE, S). 

La reaadone vasale nei delinquenti e nei pazd (in collabonudone 

con Cougnet) (Id., V, pag. 1). 

Gasparone (con fig.). Torino, Loescher edit. 

La reazione vasale nei delinquenti (con Couguet) (Areh. Psich., 

Torino). 

' Pazzia morale e delinquente nato (Id.). 

Sui mancinismo nei sani, pazzi e dechi (Id.). 
Denti a sega negli idioti (Id.). 
Processo Spada (Id.). 



1883 Sull'analgesia ed anestesia dei criminali e dei pazzi morali (in 
coUaborazione con Pateri) (Id.). 

Sui caratteri fisionomid di criminali e di 818 uomini viventi 

in liberty (in coUaborazione con Massimino) (Archivio di 
Pnekiatria). 

Fossa oodpitale mediana delle razze umane (CkuaeUa degli 

Ospedali, 24 giugno, n. 50, Milano). 

CapadtA cranica di 121 criminali (Areh. di Pnchiatria). 

Delitti di libidine e di amore, con 2 fig. (Id.), 

Omiddio e furto per amore pazzesco (Id.), 

L*amore anomdio e preoooe nei pazsi (Id,), 



458 



BmUOGRAPHY 



1883 La fisionomiB di doone crimiiiali (in coU&borazione 

(Arch, di psiclriairia). 

Rifleasi tenduiei nei crimiiiali (Id.) (Id.), 

Processo Pelzer (_Id.). 

— — L'orecx;hio nelle alrofie degli emisferi (Id.). 

1884 Pazzo morale e delinquente nato (Id.), 

Misdea (in coliaborazione con fiianchi). Torino, Fr. Bocca. 

-  - Pro schola mea (Arch, di pnchiatria). 

1885 L'identitA dell'epileasia colla pazzia morale e delinquenza con- 

genita. Pag. 'iS (Archimo di psickiatria, Torino). 

Epilessia larvala (con Morselli) (Id.). 

Del tribadismo nei manicomi {Id.). 

Ninfomania paradosaa (Id.). 

Del lipo criminale nei delinquent! politici (con R. Loschi) (Id.). 

Nuovi dati sull'identila dell'epilessia e pazzia morale (Id.). 

1888 Del tribadiamo nei manicomii (Arch, di pnchiatria, vol. VI). 

I procesai Pel e Zetbini e la nuova scuola criminale (Id., v. M). 

Epitessia larvata. Pazzia morale (Perizia in collaboraaone con 

Morselli) (Id., vol. VI, taac. 1). 

I delitti di Ubidine, 2' ediz. Pag. 57. Torino, FratcUi Bocca. 

La prima esposizione intenmzJonale di antropologia criminale .^ 

(in coliaborazione con Seven) (Arch, di ■pneologia, voL VQ 
pag. 19). Torino. Bocca. 

1888 Nevrosi vasomotoria in un truffatore (in coUaboranooe c 

rOttolenghi) (Id.). 

I pazzi criminali (.Archivio di ptickialria, Torino). 

I gesti dei criminali (in coliaborazione col Pitr6) (Id.). 

II manicomio criminale e la forza irresisUbile (Id.). 

L'arte nei delinquenti (Id.). 

Omicidio e auicidio (Id.). 

Infiuenza della civilt4 e dell'occasione sul genio (Id.), 

L'homme criminel. II Vol. 1" ediz. Pag. 580. con irilsnt« 9 

XXXIX tavole. Paria, Alcan. 

Troppo presto ! Appunli td tiuovo Codice Penale. Torino, I 

Ptdimsesli del carcere. Torino, Bocca. 

1889 Studi suU'ipnotismo e sulla creduIitA (in collabora^CHle con 

Ottolenghi). Unione Tip.-Torinese, Estratto dal Gianv^ 
deUa R. Ace. di Medic, anno 1889, n. 1. 

Vomo delinguenU. I Vol. 4* ediz. Delinquente nato e pmo 

morale. Pag. lv-660. Torino, Bocca edit. 

Uomo delinquente. II Vol. 4' ediz. Delinquente Epileltico, 

d'impeto. pazzo, criminaloide. Con Ifl tav. Pag, 581. 
Torino, Bocca ed. 

CranI di Torinesi ignoli (in coliaborazione coo Ottolenstl' 

(Giorn. Accad. di medidna, Torino). 



BmUOGRAPHY 459 

) II ddiUo TpaUHeo e le rtKbaUmi (in ooOabomskiQe con Laadii). 

Pag. x-550. Torino^ Fratdli Booca editori. 
- Rapport au Coogrds pfaitentiaire inteniatioiial de Sarnt- 



- Medidna legaU dd cada»ere. Pag. 190. Piiierolo, Chiantore e 

MascaidUi, S^edk. 

- Da»PoUH9dieVefbndien^ecc.,llViA. Pag. 250. 

- Le crime poUiique et let Ri9oUdions (in coUaboraiiQne oon B. 

Laschi)* t. P, pag. xm-SSS. F^ix Alcan, Paris. 

- Le crime poUtique^ tomo II, pag. 42S. 

- NouoeUes redierekee de PeiMatrie el d^Aniknypoloffie crimindle. 

Pag. y-180. F^ix Alcan, Paris. 

- L*uomo di genio. Traduzicme in nisso di Mad. Tekukenova. 

St-Petersbourg. 

- Forma nuova di foDia dd dubbio {Qiom, detTAcc. di Medidna 

di Torino, ISM, Num. 8 e 9). 
L Petites et grandes causes des r6volutions. Paris. 
Les passions dans ks r6voltes (Id.). 
Tatto e tqx> degenerativo in donne normali, criminali e alienate 

{Areh. di Peickiatria). 
La definizione del delitto politico (in coUab. con Laschi) {Id,), 
Due genii nevrotid femminili {Id.). 
Infanticidio in pdlagrosa (Id.). 

Assassinio epilettico (in ooUaborazione con Albertotti) (Id.), 
Feritore epilettico (Id.). 

H processo del Cav ... (in cdlaborazione con Marro) {Id.), 
Educazione anticriminale {Id.). 
Un autogralo di Seghetti {Id.). 

Un'i^plicaaone pratica ddl'antropologia criminale {Id.). 
Educazione dei criminali {Id.). 

L'Antropologie crimineUe el see ricenis profrke. Paris, Alcan. 
The physionomie of Anarchists. The Vorth. 
Die Sinne der Verbrecher. Berlin. 
\ Bdazione a S. E. il Ministro dell*Intemo sulla ispezione dei 

manicomi del Regno (in coUaborazione con Tamburini e 

Ascenzi) {Arch, di peickiairia). 

• Crimindle d*occasion et criminelle-n6e {Id.). 

• Pazzo e simulatore falsario {Id.). 

• Processo Bonaglia {Id.). 

• Palimsesti del carcere femminile {Id.). 

\ Les comipteurs actuels {NowoeUe Rome), Paris. 

- Psychologic des Wirtes {Du Zukunft) Berlin. 

• Sui recent! processi bancarii di Roma e Parigi (in coUaborazione 

con G. Ferrero) {Arch, di Psickiatria, vol. IV, fasc m, pag. 
191). 



BI6U0GRAFHY 

I Le jnii recenti tcoperte ed applu^iahni della Pnc/natria i 

Iropologia criminate. Pag. vii-435, Bocca ed., Torino. 
La donna delinquenU, la pmtiiuta e la donna normaU I 

laborazione con G, Ferrero). Pag. xi-fi40. Rous ed., ' 
Un'inohieiita americana suU'Uomo perfetto (Go&hMb 

raria). Torino. 
Lb longevity delle peccatrici {Tavola Rolonda), Napoli. 
I Gli anarchia. Pag. 93, Fr. Bocctt editori. 

L'uomo di gettw. 6' ed., pag. 739. Fr, Bocca edit. 
Dag If'eib aU Verbrecherin und Prottitide (con G, 

Pag. o87 {VerlagaonttaU und Druckerei). Hambiug- 

rclla trad. 
Neue ForttchritU in den Verbrecfuntudien, Wilhelm Flri 

Leipzig. 

D delitto e H genio negli aoimali (la Pvxcla Antologia), 1 
L'homme criminel. 2" ed., vol. I, F. Alcan, edit., Paris, i 
L'komme crimind, vol. II. Criminel dp — Fou moraU 

tique — Criminel d'occaaion — Par passion. Pag. ffSft 

Aican ^it., Paris. 
Die Anarchiaten (trad, tedesca di Kui«lla) {Veriagtatk 

Druckerei). Hamburg. 
The female offender (con G. Ferrero). Fbher Un' 

London. 
Sei cranii di criminali abissini (in collaborazione col Dot 

rara) (Atti detl'Acc. di Medicina di Torino). 
La dunna criminale e proaiiiula, trad, in polacco. Vl 

Cohn. 
Nevrosi vasomotoria in un tniffatore istero-cpileltico (il 

borazione con Ottolenglii) {Oiomale Aceademia di Mt 

Torino). ^ 

Criminal Anthropology applied to Pedagogy (The 

Cliicago. 
Le* anaTchistei. Pag. xx-258. Emest Flamnmrion, $ 

Paris. 
La funzione sociale del delitto. Pag. SL R« 

tore, Palermo. 
L'uomo ddinqvente. 5* ed., vol. I. pag. xxxv-650. Vt.' 

L'uomo delinquenle, vol. 11, pag. 576. Fr. Bocca edit. 
Histoire des progrea de I'Antbropologie et Sociologie oil 

pendant les annees 1895-1806 (CampUi-Rendue du IK 

grh International de Geneve, 1S96). 
Le traitement du criminel d'occasion et du criminel-ni ^ 

aexes. les A^es et les types (td.). 
The origine of tattooing {Pop. Sc, Month., avril 1008. 

York). 




BIBLIOGRAPHY 461 

1805 n oerveDo del briguite TOnubo (Nwma Anidogia, voL LXVI, 

serie IV, 16 dicembre 1896, Rama). 
 La race dam nHolope du cfime. UhumamU nouMe, Paris. 
BdigioD und Vc rbr ec h en {Zukwnfi^ Berlin). 



1897 Contributo all'Antropologia dei Dinka (in ooUaborasione ool 
prc^. Carrara) (Aiti deUa SodM nmana di Anir.» vol. TV, 
iaac n, pag. 24). 

- Crimi nal A nthropology {Twenty Century Praetiee qf Medicine, 

voL Xn, pag. 372-488. New-York). 

L*vomo ddinquenie. VoL IH, pag. 677 omi atlante. Fr. Boocs 

edit., Torino. 

Oefdo e degenenadone (Nuovi studi e nuove batta^^). Pagine 

y-S18. Bemo Sandron, Palermo. 
^— La ddinquenza e la rivoliudone franoeae. Omferenza (Estratto 

dalla Viia ItaUana durante la Riechatume Franoeee^ Treves 

ediL, Milano). 
1808 I precursori dell'Antropologia criminale {Artk. dx PeiMatria). 

 Simulasdone di pazda {Id.). 

Homicides auz fitats-Unis {North American Renew, New-Yoric). 

Die Epilepsie Ni^x^eons {DeuUcke Reeue, januar, Stuttgart). 

Le cause dell'anarchia {Id.). 

Luocheni et ranarchie {Reeue dee Reeuee). 

M' Place e I'omiddio nelle donne {The Worid, New-York). 

La dismatemit^ chez la f enmie {Reeue dee Reeuee rueeee, St- 

P^tersbourg). 

 Discorso inaugurale al Congresso di Medidna Legale. Torino. 

Atti del I Congresso Medidna Legale {Rieuia di Medieina 
Legale, 1808). Torino. 

 Anarchistic crimes and their causes {Indipendant, Nuova 

York). 
1800 n delinquente e il pazso nd teatro modemo {Nuoea Antologia, 

16 febbraio 1899). 
Luecheni e rantropologia criminale. Fr. Booca, Torino. 
Le crime, caueee et remJbdee. Pag. 572, con tavole. Schleicher 

et C. 6dit., Paris. 
Kerker Palimpieeten, 5 Trad, di Kurella. Hamburg. 
Anarohid-monarchid con doppia personality {Archimo di Pei^ 

chiatria, eoc., Torino). 
Casi di f erimenti ed assassinii per aooessi q>iletid ed alcooli- 

stid {Id.). 
Una semiguarigione di criminale-nato (in ooUaborazione con 

Alva) {Id.). 
Los hermanos Mangachi y la antrop. criminal {Criminologia 

modema). Buenos- Ayres. 
La dismatemidad en la mujer delincuente {Id.). 



BIBLIOGRAPHY 

I Carsct^rea ap^iaiis de quelque d^gen^rescence. Rcl&zioDe Irtti 
d1 Congresso medico a Mos«:a. 

I regicidi (.Die Woche, Berlin). 

' Un anarcfaico paradosso (Appletoa's Popular Science ISonMy, 
New York). 
L'omicidio agli Stati Uniti (North Amer. Review, New-York). 
I Les peioes dea [emmes. Torino. 

Le oozioui dell'AntropoIogia criminale nei pcnsatori aotichi 

(ATchipio di Psickiatria). 
Danneggiamento per vendetta paranoica t,Id.). 
n deliltx) col bicicio (Nitova Aniologia). 
' Bresci (Forum. New- York). 
La polizia in Italia (L'Adriatieo). 

II sistema carcerario in Italia (Id.). 

Lesioni di medicina legale. 9.* ediz., pag. 573. Fr. Boccs edit, 

Les conqu^tes r^centes de la Psychiatrie (det Compto-Seaiiii 

du Congris d'Anlhropol.). 
Ferchg i grand! criminali non presentano il tipo. 
II dclitto ne! aecolo XIX (Nacion). 

Les anarchistes aux £tats-Unia (Independent, New-Ycwlc). 
Le traitement des criminels (Revue acienti/ique), 
Sulla cortezza dell'tdtuce negli epilettici, nei criminali ed idioti 

(Arckimo di pgichiat.. vol. XXII. fasc. IV-V, Torino). 
NonveUca rcekere/iet d'atUropologie criminelU. 4* Hin. Alcsn 

feiit., Paris). 
Le pieghe lateral! ed ! solchi vestibolari delia boccft {Artkifio £ 

Paickiatria). 
Der Selbstmord der Vebrccher insbesondere in Zellen (Oar Tofm 

N. 397. 1901). 
Giuseppe Musolino (Arch, di Paick., vol. XXIII. pog. 1). 
Enrico Bailor detfo il martellalore (Id., pag. 121). 
La critica alia nuova scuola in Germania (Id., pag. S9i). 
El delilo. Sue caiisaa y remedioa. Pag. vi-650. M&diid. 

Libreria de Victoriano Suares. 
Die Ursaclien und Bek&mpfung dea Verbrechena. BennUhdo. 

1908. Berlin. 
Delitti veojhi e dclitii nuovi. Pag. iv-335. Torino. Fr. Boer*, 
lonocenza di gravissima imputazione dimoatrata dairantroftt- 

logia criminale (in cullaborazione con Bonclli) {Id., fasc. VI, 

vol. XXUI). 
La donna delinquente, la proatituta e la donna normale. Nuon 

t»Iizione economica (in coUaboraxlone con Guglielmo Feneio). 

Torino, Frat. Bocca. 
La psicologia di un uxoridda tribade {Arehisio di Pndttatriii 

vol. XXIV. fasc. I-n). 



BIBLIOGRAPHY 463 

1908 Sul vemuB ipertrafioo e sulla fossetta oodpitale mediana nei 
normali, alienati e ddmquenti {IdJ). 

Razse e criminality in Italia (Id,). 

La psicfJogia criminale seocmdo Mdchine e le riforme peniten- 

ziarie (fiepue de$ Revue$). 

La liberUi oondizionale e la magistratura in Italia {La Scuola 

PonUoa). 
1004 Notre enqu^te sur la transmission de la pens6e {AnnalUs de$ 
tciencea psickiqueB^ N. 5, 1904, Paris). 

Bapina di un tenente dipsomane {Artk, di pncldabnat neuropO" 

toloffia. Vol. IV.) 

Ladro pazso morale (W., Vol. IV). 

1905 La perizia pnehiairieo4effaie eoi metodi per etegmrla e la eatitit'' 

Hca legale. Pag. 640. Torino, Fr. Bocca. 

// caso Olivo (in coUaborazione oon A. G. Bianchi). Pag. 271. 

Milano, Libreria Editrice Nazionale. 

n momenio attuale. Milano, 9^ ed. 

Come diventeri il delitto adottandosi la nuova scuda {Berliner 

TageUaU). 

L'arm^ des crimes et le combat contre le crime {Le Journal^ 

BOUt). 

I geroglifid dei criminali {VarieUu^ gennaio). 

La psicologia dei testimoni {La scuola posUiva). 

La causa deUa geniality negli Ateniesi {Congreeso di Psicologia^ 

Roma). 

Mattoide falso monetario {Arch, di psiekiatriOf anbropdogia 

criminale, fasc. 4-5). 

1906 ProUhnes du jour. Paris, Fbunmarion. 

Dell'anarchia in Spagna. {N. Antologia). 

CriTne ; Causes et renUdes, 9^ ed. Alcan, ParigL 

II mio museo criminale. Torino. Arch. Psich. vol. XXVlil. 

Ossessione isterica di patemitA causa di omicidio {Arckimo di 

psiddatria, ecc., fasc. P e 2°). 

Psicologia dei testimoni {Id.). 

Du parall^lisme entre rhomo8exualit6 et la criminality inn^. 

Relaz. al VI Congresso di Antropologia criminale {Id., fasc 
S9). 

La Jemme erimineUes (in collab. con Ferrero), 2^ ediz., Parigi, 

Alcan (600 pag. con fig.). 

1907 Oenio e degenerazione. 9^ ediz., Remo Sandron. Palermo. 

Neue FortschfiUe der krimineUen ArUhropologie. Marhold (Halle). 

Trad. Jentsch (pag. 110). 
 Ueber die neuen Entdeckungen krimineller Anthropologic {Nord 

u. sad, Berlin). 
Una tnifiFatrice simulatrice {Arch, di psiekiairia, antropologia 
criminale, fasc. 1-2). 



464 BIBLIOGRAFHY 

1007 Neue Studien Hher GenitdiiSt {Schmidt's JahrbHeher dtr gemmwia 
Medisin). Trad. Jetath {90 pag.). 

Come oacque e come crebbe I'antropologia criminale. Ric«TclM 

e stuiti (li psich., neurop. Vol. dedicato al prof. E. Mondli. 

Anomalie in crant preiatorici (.Arch, di paichiatria, aiUropolegit 

eriminale, tax:. 1-2). 

La mortalitA e la moralitd in Italia. Gomunicazione fatU alk 

R. Accademia di Medicioa di Torino, ii febbtaio. 

I delitti collaulomobUe (PaU MaU Magadnt). 

Processo Thaw (NeicVork WoM), 1907. 

Id. (Id.) 1908. 

La precocity nel delitto (ifitt. Slrafrecht). 

1908 Genio e degenerasitme. Nuovi studi e nuove battaglie. 2" ed». 

con molte aggiunte. Remo Sandron. Palermo. 

Ueber die Entstehungsweisc und Eigcnart des Genies (ScAmMffi 

iJahrbOcher der ge»ammim Medixin. Bd. CCXCIV. p. lU). 

Neue VerbreekeT'SludUn. Trad. JeoUcb, Halle, ediL Itlailwlii 

Ferche i criminali aumeatino malgrado le mitexze delle pox 

{Rivitta