Crime and Its Causes

s by which punishment should be carried out. What is punishment as applied to crime? According to Kant it is an act of retribution; it consists in inflicting upon the criminal the

he same way as he has probably tortured his victim. According to the theory of retribution, punishment becomes an end in itse

nce, a criminal has a particular animosity against some single individual; it may be he murders this person, or does him grievous bodily harm. Such an offender has no similar animosity against any one else; as far as the rest of the community is concerned he is perfectly harmless. On the supposition that punishment is only intended to protect society against the criminal, a man of this description would escape punishment altogether. Or supposing a man

han habitual vagrants and drunkards. And on the other hand, the most easily reformed of all offenders is often some person who has committed a serious crime under circumstances which could not possibly recur. According to the theory that reformation is

criminals used to be hanged in public, but experience failed to show that these ghastly exhibitions had much deterrent effect on the community. Besides, it is rather ridiculous to say, I do not punish you for the crime you have committed, I punish you as a warning to others. In these circumstances the effect of punishment is not to be upon the person punished, but upon a third par

chool. The punishment inflicted on the child may take the form of revenge, or it may take the form of retribution, or it may take the form of deterrence, but it undoubtedly takes its highest form when it combines expiation with discipline. Punishment of this nature still remains punitive as it ought to do, but it is at the same time a kind of punishment from which something may be learned. It does not merely consist in inflicting pai

aritate

tioni s

y even one. In fact, looking at the matter from a purely polemical point of view, the advocates of the death penalty have probably the best of it. It has, however, to be remembered that such questions are not solved by battalions of abstract arguments, but by the slow, silent, invisible action of public sentiment. The way in which this impalpable sentiment is moving on the question of the death penalty may be seen, first, in

against the law. Experience showed that penal colonies were a failure, and that the truly criminal could be more effectively dealt with at home. Within recent years the French have res

sses nine months of his sentence in one of the local prisons in solitary confinement. In the next stage he is allowed to work in association with other prisoners; and in the last stage he is conditionally released before his sentence has actually

In this, as well as in every succeeding class, a man's industry is measured by a process called the Mark system. This system is somewhat similar to the method adopted for rewarding industry in our public schools. In those schools a boy's diligence is recognised by his receiving so many marks per day, and he would be an ideal pupil who received the maximum number of marks. In convict prisons, on the other hand, the maximum number of marks, which is eight per day, can easily be earned by any person will

ast; the value attached to his marks is also increased, and he is able in the Second Class to earn 18 shillings a year. At the termination of a year, if a prisoner continues his habits of industry, he is promoted to the First Class. Persons whose education is defective are not permitted to e

hey may also be placed in positions of trust and responsibility in connection with the prison, and are able to earn a gratuity amounting to six pounds. Such men are, as a ma

ir first term of penal servitude are placed in this class, and nine months before the date on which they are due for discharge on ordinary licence, that is to say, nine months before they have finished two thirds of their sentence, they are released from prison and placed in some Home for females. Two Homes which receive prisoners of this class are the Elizabeth Fry Refuge and the London Preventive and Reformatory Institution. These Homes receive ten shillin

yment by Discharged Prisoners' Aid Societies. The way in which assistance is rendered by the Royal S

uture. Full particulars of the nature of the crime, the sentence, and the antecedents of the convict have been previously received from the prison, and this information is, of course, of the greatest value as a guide to dealing with the particular case. After friendly discussion with the convict at one or more interviews, and further inquiry, if need be, by the officers of the Society, the course to be taken in each case is decided upo

but, meanwhile, respectable lodgings are provided till work is obtained. Others who prefer a sea life are sent to the care of agents until ships can be found for them-a few selected cases are sent abroad."

ffective service to the convict population. Some idea of the work accomplished by Societies such as those just mentioned may be gathered from the fact that about two thirds of the discharged convicts are annually passing through their hands; the other third declining or not requiring assistance by such

ental order of society. In addition to convict establishments there exists throughout the United Kingdom a large number of places of confinement called Local Prisons. In England and Wales there are about sixty Local Prisons; in Scotland there are abo

y; on the other hand, the herding of great masses of criminals together in huge establishments is not without corresponding evils. It is now being pointed out by specialists on the Continent and in America that huge prisons destroy the individuality of the prisoner; his own personality is lost amid the hundreds who surround him; he sinks into the position of a mere unit, and is obliged to be treated as such by the officials in charge of him. Under such a system it becomes almost impossible to individualise prisoner

in Ireland they are vested in the Chief Secretary. Under each of these Parliamentary heads there is a body called the Prison Commissioners or Prison Board. These Commissioners are centred in London for England; in Edinburgh for S

vict system, while work in solitude is the central idea of the Local Prison system. This definition is not absolutely correct, for convicts, as we have seen, are subjected to nine months' solitary confinement at the outset

t also contains a copy of the prison rules. Before the prisoner is finally allocated to a certain cell he is seen by all the superior officers of the prison. His state of health is inquired into, so as to determine the nature of his work, and if he is not too old to learn, and has received a sentence of sufficient

is the punishment of criminals the cellular system will not be easily surpassed. On the other hand, if the purpose of imprisonment is not only to punish but also to prepare the offender for the duties of society, the system of solitary confinement will not effectually accomplish this task. On this point let me refer to the words of M. Prins, the eminent Director General of Belgian prisons: "Can we teach a man sociability," he says, "by giving him a cell only, that is to say, the opposite of social life, by taking away from him the very appearance of moral discipline; by regulating from morning till night the smallest details of his day, all his movements and all his thoughts? Is not this to place him outside the conditions of existence, and to unteach him that liberty for which we pretend he is being prepared?... Assuredly, let us not forget

to two years should during the first three months remain in solitary confinement for purposes of observation as to diligence and character. At the end of that period a man, if he showed fitness for it, would be placed in association during his working hours, and in his cell during the remainder of the day. In this way his social instincts would not be so completely stifled as they are at present; he would not be so entirely l

good whatever, and, on the other hand, an indifferent system will achieve excellent results with a competent person at the head of it. This was admirably pointed out by the head of the Danish Prison Department at the Stockholm Prison Congress. "Give me," he said, "the best possible regulations and a bad director, and you will h

must also possess an understanding of the economic and social causes of crime as well as of its individual causes. An understanding of its economic and social causes supposes that he should be acquainted with the principles of sociology and political economy; an understanding of its individual causes supposes that he should know something of psychology. The historical, philosophic, and legal aspects of criminal jurisprudence as well as its formal contents ought not to be unknown ground. In the domain of prison science he should be thoroughly at home. He ought to b

must see everything; he must hear everything; nothing should escape him; and still he ought to leave independence and initiative to every officer in his own department. He should respect and bear with the individual characteristics of every officer, especially the superior officers, so that they may be able to perform their duties with pleasure. In this way all officers will be able to do their work in his spirit rather than according to

aw, from public offices, from the army, from medicine, from the Church, from trade, from agriculture, from merchants and manufacturers. From each of these occupations a man may bring knowledge and ability which makes him suitable for the position. His preparatory studies will teach him much,

sionally, he is with them all day long, and unless he comes to his task with a full knowledge of the delicate and difficult nature of the duties he has to perform, he will probably exercise a mischievous and irritating influence on the prisoners committed to his charge. On the other hand, a well-instructed officer can work wonders in the way of good, while insisting with inflexible firmness on the rules of discipline, he is able at the same time by tact and kindliness to diffuse a moralising atmosphere around him. Some men can do this by instinct, but the majority require to be taught; it is therefore most essential that every person entrusted with the control of prisoners should have some previous theoretical instruction in his duties. After all, those who can do most real good to prisoners are the warders immediately in charge of them. Visits from persons outside who take an interest in the outcast and fallen, are, according to

mpanions is not distasteful to them; on the contrary, they will refuse to leave old haunts no matter what inducements are offered them elsewhere. It is hardly possible to do anything with these offenders, and they unfortunately constitute at least one fourth of the criminal population. Such persons return again and again to prisons; and the manager of an important Prisoners' Aid Society in a great northern city, says, that to aid them "is a mere waste of money, if not an encouragement to vice."[48] How to deal with persons of this description is a most tantalising problem. More vigorous methods of punishment are sometimes advocated as the proper manner of deterring these habitual and incorrigible offenders, but if we consider the constitution and antecedents of most of them, it becomes perfectly certain that such means will not effect the end in view. As a matter of fact, most of them are not adapted to the conditions of existence which prevail in a free society. Some of them might have passed through life fairly well in a more primitive sta

al strength to perform. It is only in skilled trades that the physically weak have a chance at all, and if a feeble person is not a skilled artisan he will, unless possessed of superior mental gifts, find it rather a hard matter to earn a comfortable livelihood. Should it be the case that such a person is below the average in body and mind, to earn a livelihood becomes almost an impossibility. Now, this is exa

his; they require tools, or clothes, or property redeemed from pledge, or a lodging, or to be sent a long distance home, or to be emigrated. In each and all of these cases, persons who are not incorrigible criminals are assisted to the best of their ability and the extent of their funds by Discharged Prisoners' Aid Societies. One or more of these admirable institutions is attached to every Local Prison, and every year a vast amount of quiet, conscientious work is performed. These societies are voluntary agencies formed for the relief of discharged prisoners. Their f

1887, and 10 per cent. were assisted, the 7 per cent. refused assistance were habitual offenders, and had often been previously helped. Of the number assisted, consisting of 969 persons, 54 were sent to sea, 2 were assisted to emigrate, 913 were assisted in the way of redemption of tools, purchase of stock, purchase of clothing, and so on. In

d and shelter. For this purpose work is always provided for them, or if they prefer it, they may find occupation outside and make the home a sort of temporary resting-place. It is hardly necessary to add that Prisoners' Aid Societies could effect much more if they were better supported by the public. The organisation is there; the men to work it are there; the only impediment to their labours is a lack of funds. If the possession of adequate funds enabled all the Prisoners' Aid Societies to establish Homes for discharged prisoners, those institutions might be made of the greatest service to the cause of justice generally. It would then be easy to get a return from them of the number

ite sufficient punishment for a first offender in a petty case to be publicly rebuked in the police court. Such a rebuke preceded, as it generally is, by a night's confinement in the police cells, is just as effective as a deterrent and far less likely to do permanent harm than a sentence of imprisonment. It was something of this kind which Bacon had in view, when he says, respecting criminal courts: "Let there be power also to inflict a note or mark; such, I mean, as shall not extend to actual punishment, but may end either in admonition only, or in a light di

6 1887 1

0 533

will not be deterred by light sentences, bu

E

TO CRIME AN

END

filled up by the police or other a

lace? Count

a

e? or ill

NGING. B

oth

lic inst

hool attendance,

ge, Ext

med, o

ious

ATION. W

renticeshi

NING. Whether se

ONMENTS.

cal P

al Ser

Punish

. Name? Abod

e or

death?

ate, o

oned,

rents r

D SISTERS. Nam

upa

and of what dis

oned,

ate, o

LIVING. With

tit

aup

egg

RACTERISTICS. Char

l Cap

Drunken

ole

Convulsions in Childhood, Epilepsy, St.

crofula? Tu

y state of near rela

. Maiden na

ris

dren; H

state o

many

at Di

mpris

NDIX

Industrial School Populati

rial Schools (Including Truant S

9 3

0 3

1 4

2 4

3 4

4,286

4,508

4,798

5,110

5,320

5,480

5,433

5,419

5,575

5,621

5,688

5,615

5,634

5,935

5,963

975 14,

927 15,

738 16,

601 17,

557 18,

360 19,

241 20,

272 20,

127 20,

984 21,

940 21,

NDIX

ed to the Local Prisons of England and Wales i

les. Fema

l 10,701 3

777 4,1

977 3,7

499 4,17

0,894 3,

11,113 4

1,670 4,2

10,615 3,

9,154 3,1

ary 9,993

8,990 3,0

,052 3,1

,435 44,0

tno

1

ppend

2

. Sander shows that out of a hundred insane persons brought up for trial, the judges

3

not sending his child to school; it was not a legal offence; in 1888-9 no

4

nomic Chan

5

esamte Strafrechtswis

6

Register for Vic

7

ICE IN PROPORTION TO THE POPULATI

pts to Murder

6,946 1 to 441,

8,897 1 to 418,

ng, &c. Burglary

5,033 1 to 10,

8,007 1 to 7,8

ry. A

to 43,247

to 70,767

glary, and housebreaking, and a decrease in manslaughter, robbery, and arson. The decrease in sho

8

ppend

9

n Priso

1

rizzonti del Diritto e

1

a striking instance of the effect of n

1

?lkerkund

1

f Natural Selection he attributed too little

1

Sociale

1

Strafrechtswisse

1

Europa. Appunti di statistica c

1

and see the evidence given before the House of

1

LONDON BY MONTHS OF EQUAL

732. Ju

714. Aug

0. Septem

33. Octo

3. Novem

22. Dece

., 117. Statistical

1

Beaulieu, p. 300. See also Mr. J.C. Sherrard's le

2

terbuch der Staatswi

2

concerned. In this case the witness appeared five successive days in court waiting for the trial to come on. Not being paid by the defendant, this

2

pendix

2

ners in custody in Scotland was lowest in December, January and February. It was highest in July, August, S

2

fique, Septem

2

of Econom

2

ommitted (exclusive of debtors and naval and military offenders); the recommitted f

2

, out of a total prison population of 5,023 only 50 were women.

2

d Refuge Journ

2

cent. of males and femal

ales F

2 years

and under

nd under 2

nd under 3

nd under 4

nd under 5

and under

and abo

scertaine

3

re is a sli

3

offenders first be

1.5 41

17.0 46

36.1 51

20.1 56

7.1 61

5.1 66

o 40

linquente. Studio antropo

3

John Strach

3

ilosophie Pe

3

ropologia Criminal y Ciencias Med

3

che Studien Sechster Band, 1. Heft Zur Frage der Localisation der Grosshirnfunctionen, Von W. Wu

3

teri dei Delin

3

opologie crimine

3

Crimin

3

rime

4

ws, June

4

ental Scienc

4

e einer Theorie der Vererbung. A. Weismann.

4

rn amounts in the elementary schools to 4 per 1000.

4

Maladies de l

4

sanity. C. Me

4

de von K. Krohne Strafans

4

x-Mondes, Avr

4

ir experience with regard to prisoners who had been four times arrested but not sentenced to penal servitude, and had been arrested during a given period, say a year. How many of them has turned out (a) satisfactory, (b) unsatisfactory, (c) re-convicted? Detailed replies were re

4

is VIII. A