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PAGE THE DATA OF CRIMINAL ANTHROPOLOGY. . . . . . . . . . . . . . . .1
PAGE the occasional and the born criminal, 41--Criminal types shade into each other, 44--Numbers of several classes of criminals, 46-- Value of a proper classification of criminals, 47--A fourfold classification, 48.
THE DATA OF CRIMINAL STATISTICS. . . . . . . . . . . . . . . . 51
PAGE
drink, 121--Social amelioration a substitute for penal law, 121-- Social legislation and crime, 122--Political amelioration as a preventive of crime, 124--Decentralisation a preventive, 126-- Legal and administrative preventives, 128--Prisoners' Aid Societies, 130--Education and crime, 130--Popular entertainments and crime, 131--Physical education as a remedy for crime, 131--To diminish crime its causes must be eliminated, 132--The aim and scope of penal substitutes, 134--Difficulty of applying penal substitutes, 137--Difference between social and police prevention, 139--Limited efficacy of punishment, 140--Summary of conclusions, 141.
PRACTICAL REFORMS. . . . . . . . . . . . . . . . . . . . . . .143
INTRODUCTION.
DURING the past twelve or fourteen years Italy has poured forth a stream of new ideas on the subject of crime and criminals; and only the short-sightedness of her enemies or the vanity of her flatterers can fail to recognise in this stream something more than the outcome of individual labours.
A new departure in science is a simple phenomenon of nature, determined in its origin and progress, like all such phenomena, by conditions of time and place. Attention must be drawn to these conditions at the outset, for it is only by accurately defining them that the scientific conscience of the student of sociology is developed and confirmed.
The experimental philosophy of the latter half of our century, combined with human biology and psychology, and with the natural study of human society, had already produced an intellectual atmosphere decidedly favourable to a practical inquiry into the criminal manifestations of individual and social life.
To these general conditions must be added the plain and everyday contrast between the metaphysical perfection of criminal law and the progressive increase of crime, as well as the contrast between legal theories of crime and the study of the mental characteristics of a large number of criminals.
From this point onwards, nothing could be more natural than the rise of a new school, whose object was to make an experimental study of social pathology in respect of its criminal symptoms, in order to bring theories of crime and punishment into harmony with everyday facts. This is the positive school of criminal law, whereof the fundamental purpose is to study the natural genesis of criminality in the criminal, and in the physical and social conditions of his life, so as to apply the most effectual remedies to the various causes of crime.
Thus we are not concerned merely with the construction of a theory of anthropology or psychology, or a system of criminal statistics, nor merely with the setting of abstract legal theories against other theories which are still more abstract. Our task is to show that the basis of every theory concerning the self-defence of the community against evil-doers must be the observation of the individual and of society in their criminal activity. In one word, our task is to construct a criminal sociology.
For, as it seems to me, all that general sociology can do is to furnish the more ordinary and universal inferences concerning the life of communities; and upon this canvas the several sciences of sociology are delineated by the specialised observation of each
distinct order of social facts. In this manner we may construct a political sociology, an economic sociology, a legal sociology, by studying the special laws of normal or social activity amongst human beings, after previously studying the more general laws of individual and collective existence. And thus we may construct a criminal sociology, by studying, with such an aim and by such a method, the abnormal and anti-social actions of human beings--or, in other words, by studying crime and criminals.
Neither the Romans, great exponents as they were of the civil law, nor the practical spirits of the Middle Ages, had been able to lay down a philosophic system of criminal law. It was Beccaria, influenced far more by sentiment than by scientific precision, who gave a great impetus to the doctrine of crimes and punishments by summarising the ideas and sentiments of his age. Out of the various germs contained in his generous initiative there has been developed, to his well-deserved credit, the classical school of criminal law.
Desjardins, in the Introduction to his ``Cahiers des
This school had, and still has, a practical purpose, namely, to diminish all punishments, and to abolish a certain number, by a magnanimous reaction of humanity against the arbitrary harshness of medi namely, to study crime from its first principles, as an abstract entity dependent upon law. Here and there since the time of Beccaria another stream of theory has made itself manifest. Thus there is the correctional school, which Roeder brought into special prominence not many years ago. But though it flourished in Germany, less in Italy and France, and somewhat more in Spain, it had no long existence as an independent school, for it was only too easily confuted by the close sequence of inexorable facts. Moreover, it could do no more than oppose a few humanitarian arguments on the reformation of offenders to the traditional arguments of the theories of jurisprudence, of absolute and relative justice, of intimidation, utility, and the like. No doubt the principle that punishment ought to have a reforming effect upon the criminal survives as a rudimentary organ in nearly all the schools which concern themselves with crime. But this is only a secondary principle, and as it were the indirect object of punishment; and besides, the observations of anthropology, psychology, and criminal statistics have finally disposed of it, having established the fact that, under any system of punishment, with the most severe or the most indulgent methods, there are always certain types of criminals, representing a large number of individuals, in regard to whom amendment is simply impossible, or very transitory, on account of their organic and moral degeneration. Nor must we forget that, since the natural roots of crime spring not only from the individual organism, but also, in large measure, from its physical and social environment, correction of the individual is not sufficient to prevent relapse if we do not also, to the best of our ability, reform the social environment. The utility and the duty of reformation none the less survive, even for the positive school, whenever it is possible, and for certain classes of criminals; but, as a fundamental principle of a scientific theory, it has passed away. But now the classical school, which sprang from the marvellous little work of Beccaria, has completed its historic cycle. It has yielded all it could, and writers of the present day who still cling to it can only recast the old material. The youngest of them, indeed, are condemned to a sort of Byzantine discussion of scholastic formulas, and to a sterile process of scientific rumination. And meantime, outside our universities and academies, criminality continues to grow, and the punishments hitherto inflicted, though they can neither protect nor indemnify the honest, succeed in corrupting and degrading evil-doers. And whilst our treatises and codes lose themselves in the fog of their legal abstractions, we feel more strongly every day, in police courts and at assizes, the necessity for those biological and sociological studies of crime and criminals which, when logically directed, can throw light as nothing else can upon the administration of the penal law. THE DATA OF CRIMINAL ANTHROPOLOGY. THE experimental school of criminal sociology took its original title from its studies of anthropology; it is still commonly regarded as little more than a ``criminal anthropology school.'' And though this title no longer corresponds with the development of the school, which also takes into account and investigates the data of psychology, statistics, and sociology, it is none the less true that the most characteristic impetus of the new scientific movement was due to anthropological studies. This was conspicuously the case when Lombroso, giving a scientific form to sundry scattered and fragmentary observations upon criminals, added fresh life to them by a collection of inquiries which were not only original but also governed by a distinct idea, and established the new science of criminal anthropology. It is possible, of course, to discover a very early origin for criminal anthropology, as for general anthropology; for, as Pascal said, man has always been the most wonderful object of study to himself. For observations on physiognomy in particular we may go as far backwards as to Plato, and his comparisons of the human face and character with those of the brutes, or even to Aristotle, who still earlier observed the physical and psychological correspondence between the passions of men and their facial expression. And after the medi With regard to the special observation of criminals, over and above the limited statements of the old physiognomists and phrenologists, Lauvergne in France and Attomyr in Germany had accurately applied the theories of Gall to the examination of convicts; and their works, in spite of certain exaggerations of phrenology, are still a valuable treasury of observations in anthropology. In Italy, De Rolandis had published his observations on a deceased criminal; in America, Sampson had traced the connection between criminality and cerebral organisation; in Germany, Camper published a study on the physiognomy of murderers; and Ave Lallemant produced a long work on criminals, from the psychological point of view. But the science of criminal anthropology, more strictly speaking, only begins with the observations of English gaol surgeons and other learned men, such as Forbes Winslow , Mayhew , Thomson , Wilson , Nicolson , Maudsley , and with the very notable work of Despine , which indeed gave rise to the inquiries of Thomson, and which, in spite of its lack of synthetic treatment and systematic unity, is still, taken in conjunction with the work of Ave Lallemant, the most important inquiry in the psychological domain anterior to the work of Lombroso. Nevertheless, it was only with the first edition of ``The Criminal'' that criminal anthropology asserted itself as an independent science, distinct from the main trunk of general anthropology, itself quite recent in its origin, having come into existence with the works of Daubenton, Blumenbach, Soemmering, Camper, White, and Pritchard. The work of Lombroso set out with two original faults: the mistake of having given undue importance, at any rate apparently, to the data of craniology and anthropometry, rather than to those of psychology; and, secondly, that of having mixed up, in the first two editions, all criminals in a single class. In later editions these defects were eliminated, Lombroso having adopted the observation which I made in the first instance, as to the various anthropological categories of criminals. This does not prevent certain critics of criminal anthropology from repeating, with a strange monotony, the venerable objections as to the ``impossibility of distinguishing a criminal from an honest man by the shape of his skull,'' or of ``measuring human responsibility in accordance with different craniological types.'' Vol. ii. of the fourth edition of ``The Criminal'' is specially concerned with the epileptic and idiotic criminal whether occasional or subject to violent impulse; whilst vol. i. is concerned only with congenital criminality and moral insanity. But these original faults in no way obscure the two following noteworthy facts--that within a few years after the publication of ``The Criminal'' there were published, in Italy and elsewhere, a whole library of studies in criminal anthropology, and that a new school has been established, having a distinct method and scientific developments, which are no longer to be looked for in the classical school of criminal law. What, then, is criminal anthropology? And of what nature are its fundamental data, which lead us up to the general conclusions of criminal sociology? If general anthropology is, according to the definition of M. de Quatrefages, the natural history of man, as zoology is the natural history of animals, criminal anthropology is but the study of a single variety of mankind. In other words, it is the natural history of the criminal man. Criminal anthropology studies the criminal man in his organic and psychical constitution, and in his life as related to his physical and social environment--just as anthropology has done for man in general, and for the various races of mankind. So that, as already said, whilst the classical observers of crime study various offences in their abstract character, on the assumption that the criminal, apart from particular cases which are evident and appreciable, is a man of the ordinary type, under normal conditions of intelligence and feeling, the anthropological observers of crime, on the other hand, study the criminal first of all by means of direct observations, in anatomical and physiological laboratories, in prisons and madhouses, organically and physically, comparing him with the typical characteristics of the normal man, as well as with those of the mad and the degenerate. Before recounting the general data of criminal anthropology, it is necessary to lay particular stress upon a remark which I made in the original edition of this work, but which our opponents have too frequently ignored. We must carefully discriminate between the technical value of anthropological data concerning the criminal man and their scientific function in criminal sociology. For the student of criminal anthropology, who builds up the natural history of the criminal, every characteristic has an anatomical, or a physiological, or a psychological value in itself, apart from the sociological conclusions which it may be possible to draw from it. The technical inquiry into these bio- psychical characteristics is the special work of this new science of criminal anthropology. Now these data, which are the conclusions of the anthropologist, are but starting-points for the criminal sociologist, from which he has to reach his legal and social conclusions. Criminal anthropology is to criminal sociology, in its scientific function, what the biological sciences, in description and experimentation, are to clinical practice. In other words, the criminal sociologist is not in duty bound to conduct for himself the inquiries of criminal anthropology, just as the clinical operator is not bound to be a physiologist or an anatomist. No doubt the direct observation of criminals is a very serviceable study, even for the criminal sociologist; but the only duty of the latter is to base his legal and social inferences upon the positive data of criminal anthropology for the biological aspects of crime, and upon statistical data for the influences of physical and social environment, instead of contenting himself with mere abstract legal syllogisms. On the other hand it is clear that sundry questions which have a direct bearing upon criminal anthropology--as, for instance, in regard to some particular biological characteristic, or to its evolutionary significance--have no immediate obligation or value for criminal sociology, which employs only the fundamental and most indubitable data of criminal anthropology. So that it is but a clumsy way of propounding the question to ask, as it is too frequently asked: ``What connection can there be between the cephalic index, or the transverse measurement of a murderer's jaw, and his responsibility for the crime which he has committed?'' The scientific function of the anthropological data is a very different thing, and the only legitimate question which sociology can put to anthropology is this:--``Is the criminal, and in what respects is he, a normal or an abnormal man? And if he is, or when he is abnormal, whence is the abnormality derived? Is it congenital or contracted, capable or incapable of rectification?'' This is all; and yet it is sufficient to enable the student of crime to arrive at positive conclusions concerning the measures which society can take in order to defend itself against crime; whilst he can draw other conclusions from criminal statistics. As for the principal data hitherto established by criminal anthropology, whilst we must refer the reader for detailed information to the works of specialists, we may repeat that this new science studies the criminal in his organic and in his psychical constitution, for these are the two inseparable aspects of human existence. A beginning has naturally been made with the organic study of the criminal, both anatomical and physiological, since we must study the organ before the function, and the physical before the moral. This, however, has given rise to a host of misconceptions and one- sided criticisms, which have not yet ceased; for criminal anthropology has been charged, by such as consider only the most conspicuous data with narrowing crime down to the mere result of conformations of the skull or convolutions of the brain. The fact is that purely morphological observations are but preliminary steps to the histological and physiological study of the brain, and of the body as a whole. As for craniology, especially in regard to the two distinct and characteristic types of criminals-- murderers and thieves, an incontestable inferiority has been noted in the shape of the head, by comparison with normal men, together with a greater frequency of hereditary and pathological departures from the normal type. Similarly an examination of the brains of criminals, whilst it reveals in them an inferiority of form and histological type, gives also, in a great majority of cases, indications of disease which were frequently undetected in their lifetime. Thus M. Dally, who for twenty years past has displayed exceptional acumen in problems of this kind, said that ``all the criminals who had been subjected to autopsy gave evidence of cerebral injury.'' In a discussion at the Medico-Psychological Society of Paris; ``Proceedings'' for 1881, i. 93, 266, 280, 483. Observations of the physiognomy of criminals, which no one will undervalue who has studied criminals in their lifetime, with adequate knowledge, as well as other physical inquiries, external and internal, have shown the existence of remarkable types, from the greater frequency of the tattooed man to exceptionally abnormal conditions of the frame and the organs, dating from birth, together with many forms of contracted disease. Finally, inquiries of a physiological nature into the reflex action of the body, and especially into general and specific sensibility, and sensibility to pain, and into reflex action under external agencies, conducted with the aid of instruments which record the results, have shown abnormal conditions, all tending to physical insensibility, deep-seated and more or less absolute, but incontestably different in kind from that which obtains amongst the average men of the same social classes. These are organic conditions, it must be at once affirmed, which account as nothing else can for the undeniable fact of the hereditary transmission of tendencies to crime, as well as of predisposition to insanity, to suicide, and to other forms of degeneration. The second division of criminal anthropology, which is by far the more important, with a more direct influence upon criminal sociology, is the psychological study of the criminal. This recognition of its greater importance does not prevent our critics from concentrating their attack upon the organic characterisation of criminals, in oblivion of the psychological characterisation, which even in Lombroso's book occupies the larger part of the text. A recent example of this infatuation amongst one-sided, and therefore ineffectual critics is the work of Colajanni, ``Socialism and Criminal Sociology,'' Catania, 1889. In the first volume, which is devoted to criminal anthropology, out of four hundred pages of argumentative criticism , there are only six pages, 227- 232, for the criticism of psychological types. Criminal psychology presents us with the characteristics which may be called specially descriptive, such as the slang, the handwriting, the secret symbols, the literature and art of the criminal; and on the other hand it makes known to us the characteristics which, in combination with organic abnormality, account for the development of crime in the individual. And these characteristics are grouped in two psychical and fundamental abnormalities, namely, moral insensibility and want of foresight. Moral insensibility, which is decidedly more congenital than contracted, is either total or partial, and is displayed in criminals who inflict personal injuries, as much as in others, with a variety of symptoms which I have recorded elsewhere, and which are eventually reduced to these conditions of the moral sense in a large number of criminals--a lack of repugnance to the idea and execution of the offence, previous to its commission, and the absence of remorse after committing it.
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