In investigating the causes of crime we have first to understand what we mean by the word "Crime," and also what we describe by the term "Criminal." Crime may be regarded both objectively and also subjectively, i.e., as regards the deed itself and as regards the doer of the deed. In the past it was customary to consider the crime only and to punish the doer, or the criminal, according to the enormity of his deed. Scientific methods require, however, that we should study the criminal and ask ourselves "what is he?" and "of what forces is he the product?" If these questions can be satisfactorily answered, then society is better enabled to arm herself against his invasion, in fact having successfully diagnosed his case she may be led on to discover the means whereby criminals may be reduced to their irreducible minimum, both as regards number and as regards their capacity for doing harm. Man has two natures, the animal and the spiritual. The animal is the passive product of Nature, the forces of his development being guided and restricted by the condition of the life in which he is born and reared. To this animal nature belongs the natural appetites, passions, faculties and senses. This nature is not sufficient in itself, and its realisation cannot be When, however, the spiritual influence is not exercised and man resigns himself to the uncontrolled influences which spring from his lower nature, he rapidly degenerates. Socially, this degeneracy is noticed by its process of gradually loosening, and finally severing the ties which bind man to his race. He becomes an unsocial being and ceases to contribute to the wealth, peace or establishment of society. His desire for society is regulated by his capacity to draw from it the satisfaction of the abnormal appetite of unregulated passion. In this mood he totally disregards the laws of society and seizes every opportunity that presents itself to prey upon it and he thus becomes an anti-social being. Through all ages up to the present, society has at the cost of much effort and suffering been progressing, stage by stage, towards a higher order. Each advance purchased at such a price, becomes a free gift, by inheritance, to the next generation, and from this inheritance still With each advance that it makes society embodies in its institution the principles of social life such as it has been able to discover them. These principles being finally accepted, we must assume that they are eternal or else we are compelled to admit that society may be for ever at fault, that its development does not correspond with the true development of man, and that this present life is in no wise preparatory for a future. Though we declare that the principles of society are eternal, the social institutions which embody them are merely temporal, and may change with time and circumstances. They are, nevertheless, binding upon our allegiance, and any attempt to overthrow them becomes the anti-social act of the criminal and is a punishable offence. The criminal is an enemy to social advance. He profanes that which society holds sacred, he scatters that which society, at great cost has acquired, and he attacks society at its most vulnerable points. What, then it may be asked, are the causes that produce this anti-social being? In the case of the sane criminal, an immoral basis underlies all causes, and without this they would each and all be impotent. Some causes, as e.g. alcoholism, are the result of the individual's immorality; others again are independent. Heredity.—Among unscientific people there are many extravagant theories held, some even affirming that from the moment of conception a child's character may be determined as criminal, as if character underlay habit instead of habit evolving character. It is therefore necessary that we should endeavour to discover if possible how far the influence of heredity extends, and especially to disclose its powers as a factor influencing conduct. A man may be seen to have the same peculiar carriage and gait as his father; but to argue from that, that he will in obedience to a naturally transmitted impulse, follow in his father's footsteps as a thief or a forger is to step entirely out of the bounds of science. Gait and carriage belong to a different sphere altogether from morals and conduct. But let it be at once acknowledged that the morals and conduct of any given ancestry show a tendency to be reproduced in the posterity. The drunkard is the father of drunkards; the suicide is the father of suicides, and the parent's crime is repeated by the child. Not in all cases is this by any means a fact: but in a sufficient number to exclude the possibility of coincidence accounting for them all, and to demonstrate conclusively that some influence must be at work connecting the deeds of the progenitor with those of his offspring. What is this influence? Can Now, whatever the influence of heredity may be, it must be determined scientifically and not merely guessed at. Nor must the failure to find an adequate cause for a certain crime be a sufficient reason for accounting heredity as responsible. Heredity has limits to its range of influence as well as any other cause for crime, and it may be found that there are certain fears which it can never invade. For instance, one sphere wherein its influence is manifestly great, is in the structure of the nervous, osseous, muscular, circulatory and vascular systems. Again, what is more common than to find intellectual ability running in families? Ribot, in his work on heredity, gives long lists of the world's most famous poets, artists, musicians, statesmen and soldiers, all showing the tendency of ability, in these various directions, to be transmitted from one generation to another. Not always to the generation immediately succeeding, for sometimes these various qualities disappear in the son Let it here be observed that the Moral Law is fundamental to all law. No laws in Nature ever contradict the Moral Law, but are always found acting in obedience to it. All the works of God are in accord with this Law; God is the Moral Governor of the Universe. Therefore whatever may hold good with all other laws, does not necessarily hold good with this Law. That a man should inherit his father's intellectual qualities is then no argument that he should also inherit his father's immorality. Nothing less will suffice than distinct evidence that he HAS inherited his father's immorality. A further observation is necessary, and that is, that morality is not absolute but relative. Strictly speaking, no man is moral. God alone is absolutely moral. Nor can we compare the morality of one man with the average morality of mankind in general. To estimate a certain man's morality of conduct we must compare his conduct with the degree of the sense of responsibility which exists within him, and also his power of control over his conduct. The murderous act of a lunatic for instance is an immoral act, because we compare the act with morality in the abstract; but it would be a mistake to call the lunatic an immoral man, for the simple reason that he had Take the case of the drunkard. A certain drunken father has several drunken sons. The influence of environment, of education, or of imitation, we will suppose to be excluded. Is heredity the cause, and if so, has it invaded the moral sphere? The influence of the father's drunkenness is first made manifest in his own nervous system. The nerve centres become clogged and poisoned and fail to discharge their functions with the same healthy activity as formerly. The nervous system degenerates, and the consequence of this degeneracy is the production of that form of irritation within the system which we call the craving for drink, and which requires alcohol for its immediate satisfaction. The man will admit that he has no liking for the taste of drink; but declares that he is in a certain state of unsettlement which can only be overcome by the use of liquor. A temporary calm is induced, only to be followed by a more intense irritation or unsettlement afterwards, and thus a circle of cause and effect is at once described. This is then the degenerate state of the father's nervous system. Now, it is undoubted that he may transmit this same degenerate nervous system to his offspring and thus as his children grow up it is not to be wondered at if the same craving for drink is to be found in them as was existing in their parent. The influence of heredity has been at work upon the nervous system. Has its influence been restricted to this The case of the sensualist is somewhat similar to that of the drunkard. Ribot quoting Prosper Lucas, gives the example of a "man cook, of great talent in his calling, has had all his life, and has still at the age of sixty years, a passion for women. To this he adds unnatural crime. One of his natural sons living apart from him does not even know his father, and though not yet quite nineteen, has from his childhood given all the signs of extreme lust, and strange The fact that this son imitated his father's vices at an early age, is not sufficient in itself to assign the cause to heredity. Nor does the fact that he was separated from his father's influence or example, strengthen the assignment beyond dispute. The causes for such conduct are so common that very few men escape from their influence, and whosever does not resist them, falls and becomes a victim. But probably this was a case in which an inherited influence pressed itself so strongly upon him as to become irresistible. What, we ask was inherited? A perverted will? That is absolutely impossible. A perverted will is the outcome of a deliberate choice of evil when the choice of virtue is equally possible. A weakened will, or a will subject to heavy stress is a different thing. There must be some stress upon the will. What is it? It is a well known fact that the exercise of the members of our body results in a great facility of movement being attained. The pianist can, after long practice, execute rapid and complex performances of fingering, which in the early stages of education were absolutely impossible. It is because the nerve centres controlling the muscles employed have been brought to such a high state of activity that they operate almost independently of the will. The nerve centres controlling certain of our functions DO operate independently of the will. Breathing is an example, and although an effort of In the normal man the sexual instinct is inherited but the passion is submissive to the control of the will. The will is supreme and self-restraint is always possible. The immoral man has refused to exercise this restraining power, he has, in fact, by his immoral thoughts, lent his mind to the strengthening of the passion until it has gained an ascendancy. Continual sexual excitement has resulted in the nervous centres controlling the sexual organs becoming so powerfully developed as to act almost automatically, and independently of the will. In the normal man, sexual excitement results upon the mental vision; in the sensualist the excitement precedes the vision. Another effect is noticed in the physiognomy which changes in accordance with the development of the nerve centres and presents all the appearances of the typical sensualist or prostitute. In some cases the sensualist transmits this highly organised or disordered nervous system to his descendants, and consequently when they arrive at a certain age they find their bodies invaded by a passion over which they have small, and sometimes no, control. It is distinctly a case of functional insanity with them. Their will power is weak because of undue stress, but it has not been perverted. Perversion may follow; The contemplation of criminal acts effects a strange fascination upon the mind and very often induces imitation of the same acts. When a suicide or murder, in fact any crime, is committed by a member of a family the other members either, according to their moral disposition, experience a greater or lesser repulsion for the deed than they formerly possessed. The enormity of the deed is either stronger or lesser Another instance is that of a young man who, contemplating suicide, carried a revolver about with him for a whole day. He spoke of suicide to his friends, occasionally discharged shots into the ground, and finally, during the evening, blew his brains out. That he contemplated suicide was evident from his conversation, but that his mind was not made up, is also evident from the delay he occasioned. In fact, his whole behaviour indicates a faint desire to cling to something stronger than himself in order to brace himself against his haunting fears. The revolver fascinated him. He dallied with When the picture is real and not imaginary, and when the circumstances of a parent's or brother's or friend's suicide may easily be recalled and the mind allowed to dwell upon them, how much greater would the influence become, especially when the same example has served to diminish the idea of the enormity of the act. Where persons lend themselves to the idea that an hereditary influence exists and may spring upon them at any moment, they are almost sure either to destroy themselves or else to develop some form of insanity. There are cases of murder and assassination (apparently hereditary crime) where the conditions are so similar that the hypnotic power of circumstances may likewise be urged as sufficient cause. So far, an attempt has been made to show that whatever the influence of heredity may be, it is restricted outside the sphere of morality. It cannot transmit an IMMORAL IDEA. So far as certain forms M. Moleschott, at the International Congress of Criminal Anthropology held in Paris in 1889, "mentioned an influence towards crime that had not been noticed, to wit, the hereditary social influence, or that is, the tradition which is instilled into the mind of every child before he knows the difference between right and wrong, that by which he obtains the rudiments of his knowledge of right and wrong. Whether it be correct or not it is the child's standard. He gets it not from any knowledge of theory of justice, but from the tradition of his own neighbourhood, as it is taught by his parents and associates by the people, and as is believed by them." (Criminal Anthropology; the Smithsonian Report for 1891.) It will be understood that the influences of which M. Moleschott speaks are not of an hereditary nature, that is, they are not transmitted through the blood; but they are influences which are present from the first moment of consciousness. They are quite sufficient to account for the criminal type being found in the physiognomy of a person born and reared among such surroundings. It is a very popular error to suppose that a person's physiognomy never changes, and The appearance then of this criminal cast upon the features is not sufficient evidence to account for an inherited tendency towards crime. Dr Manouvrier insists that Lombroso's theory that the criminal is [There is not vast difference between normal and abnormal persons possessing these peculiarities. In Lombroso's work "The Female Offender" he notices:— Gradenigo (quoted by Lombroso) gives the following table showing the peculiarities of the ears of 245 criminals as compared with 14,000 normal women:—
Other anthropometrists notice different proportions.] It may be rather daring to suggest a theory which would reconcile the differences between these eminent men: but as the facts presented by each side are indisputable, some such reconciliation must exist. Possibly if we interpret Lombroso's phrase, "inherited tendency towards crime" or "predisposition towards crime" in the same way as we interpret the term ("predisposition towards disease") when speaking of tubercular persons (or, as Mercier speaks of the insane), that is as persons, who in a given favourable environment, are more likely to commit crime than persons without that inherited tendency, we may find these theories to be more in accord with We come then to this conclusion that heredity plays an important part in the production of the criminal; but that there are other very important factors This statement, that heredity plays an important part in the production of the criminal, needs to be carefully guarded. It means precisely this and nothing more:—That where an hereditary influence (such as above described) making crime easier, has been transmitted, there that influence is an important factor in the production of the criminal. It does NOT mean that this influence is invariably transmitted by the criminal parent, neither does it mean that the majority of criminals are "born" criminals. The following is an extract from a letter upon this subject which the author has received from Dr. Arthur MacDonald, one of the leading criminologists of to-day:—"There is no proof of any scientific value that criminality is inherited." By criminality we understand "the moral basis of crime." The famous "Jukes" family that lived in the State of New York, afford one of the most interesting studies in heredity to be found in the annals of criminology. Of this numerous family (some 709 persons of which were clearly traced in five generations) the elder sons took to crime and the younger sons to vagabondage. There was indeed a proportion of honest and industrious persons among them. Of the That the younger sons of the "Jukes" family fell into habits of vagabondage (leaving it to the elder sons to carry on the criminal traditions of the family) is also worthy of notice. It serves to show that whatever the influence of heredity may be, as a factor disposing towards crime, it cannot be an independent and final factor. In families living after a primitive manner of life, as this family did, the elder sons are invariably the companions of their fathers and accompany them on their depredatory raids. The younger sons are left to the milder environment of their mother's society. Thus from a criminal point of view, the environment of the elder sons is more intense than that of the younger sons. The difference in environment accounts for the difference in character formed; the more intense environment accounting for criminals and the milder environment for vagabonds. Sometimes the influence of environment is overcome, and we noticed that among the "Jukes" a proportion of the family was honest and industrious. Acknowledging the transmission of a This is the criminal "taint" or handicap that makes it more likely that the individual should fall into crime than the normal man. Although society regards this hereditary criminal as a monster, it has been made clear that he is really more deserving of compassion than one not so handicapped. To secure society from his injurious acts, our courts frequently take the illogical and unjust course of imposing a more severe punishment upon him. This is in itself a clear evidence of the demand that exists for penological reform. Environment.—By environment we understand bad homes, bad associations, and generally bad conditions. Of the condition of the 12,000 persons who passed through the Elmira Reformatory between the years 1876-1902, only 1.47 per cent. came from good homes and 37.4 per cent. from fair homes. Of the character of the men's associations, 56.6 per cent. was positively bad; 41.9 per cent. was "not good;" .9 per cent. was doubtful, and 1.6 per cent. was good. The evil influence of bad surroundings is well exemplified by an instance recorded by Viscount D'Haussonville in his work "L'Enfance a Paris":—"Some years ago a band of criminals were brought before the jury of the Seine charged with a terrible crime, the assassination of an aged widow, with details of ferocity which the pen refuses to describe. The president of the court having asked the principal, Maillot, called 'the yellow,' how he had been brought to commit such a crime, he replied:—What do you wish that I should tell you Mr The following description of the manner in which parents may defeat the work of the juvenile reformatory or industrial school was given by Senator Roussel at the Fourth International Prison Congress:—"The pernicious influence of parents relative to minors is manifest in two ways and at two periods of the child's life. First in extreme youth, when he is only a burden, his parents neglect him. He is left without proper care, often without proper food and subjected to all the hazards of the streets; he is forced to be a vagabond and a beggar, and this situation continues until a violation of the law places the little unfortunate in the hands of justice. Later, everything is changed. When by maturity of age and good effects of penitentiary education, the child instead of being a burden can be a source of profit, we see those same parents, who had abandoned him in his infancy, and apparently had forgotten him It may be heresy to criticise our public school system but it is more than an open question whether we are not producing a generation of badly educated people who are not aware of their own ignorance, who see no dignity in labour and who prefer to make their living by speculation rather than by work. The fault largely consists in estimating the efficiency of a school or a teacher solely by the results obtained at examination and making the children work for this end and this end only. Their memories are taxed to the uttermost but no attempt is made to develop them into reasoning, enquiring and labour loving beings. The difficulty with which children in the sixth and seventh standards follow the simplest arguments is simply amazing. The teachers, moreover, have no opportunity for cultivating the art of pedagogy. Their whole time is taken up preparing matter to pour into the child's mind. The bad salaries that are paid can also have but one result, viz., the depriving the State of the services of the most manly and most noble teachers and having the work committed to those of the genus prig. Alcohol.—The influence of alcohol in the commission of crime is both direct and indirect. We see its direct influence in those crimes which are committed whilst the culprit is either in a state of intoxication or else just recovering from such a state. To detect and trace its indirect influence a much closer study is required. The inconsequent, lazy and thriftless life of the criminal demands some sort of stimulant, and this is found readily at hand in alcohol. Alcohol is not the cause of the crimes of these people but it is closely associated with such cause. The man who stabs another in a saloon is not then guilty of his first crime. Under the influence of intoxication he has lost his power of self-control and he commits a deed for which he may in a sober moment have still a degree of moral abhorrence or be perhaps too much of a coward to perform. Many criminals, whose crime requires a certain amount of nerve and calculation, as e.g. assassinations, murders, robberies, swindlings, etc., will not touch alcohol until their crime has been completed and they have satisfied themselves that they covered up all trace of it. They then often indulge in a debauch. In the lower courts, offenders will frequently plead as an extenuation that they were intoxicated at the time when they committed their offence. This is Under the immediate influence of drink, the crimes most commonly committed are those against morality and the person. In countries where the saloon is an institution, it is invariably the home of criminals and the scene of many murders and deeds of blood. In France, e.g. out of 10,000 murders committed, 2,374 occurred in saloons. The indirect influence of alcohol is perhaps more terrible than its direct influence. There is this sad feature about it also that the greatest sufferers are the victims, not of their own abuse, but of that of others. Many a criminal tells the story, which is easily corroborated, of the days of his childhood when his father came home drunk and the children for very fear had to hide themselves or run out into the streets, often to sleep wherever they could, and perhaps steal to satisfy the pangs of Of 12,000 criminals at Elmira, in nearly 36 per cent, was a drunken ancestry to be clearly traced. To state exactly the influence of alcohol as a cause of crime will, from the nature of the case, never be possible; but this much is certain, that EVERY cause finds in it a strengthening contributary of considerable potentiality. Imitation.—One of the principal characteristics of the criminal is his excessive vanity. His great ambition is to gain notoriety and to be talked about by the public. Almost every criminal has his hero in crime whose deed he tries to emulate as nearly as possible; or, better still, to outshine. Thus we find, that when some daring deed has been perpetrated, there are not wanting others who quickly make an attempt to imitate it. A prisoner tried to kill his comrade because a third man, who was standing his trial for murder, was receiving in his estimation too much attention from the public and especially "too many bouquets." A murderer in New Zealand declared that the notorious bushranger Ned Kelly was his ideal of a man. A certain priest, beloved by all, In this case we have another instance of the "hypnotic influence of circumstances." Firstly, the picture is deeply impressed on the mind; next the moral sensibilities are hardened, and lastly the overt act is committed. Tropmann who murdered a whole family of eight, confessed that his demoralisation was due to the reading of sensational novels. The publication of the details of crimes and the circulation of inflammatory fiction is a most fruitful cause of further crime. One of the most efficient safe-guards against crime and scandal is a sensitive public moral tone. This is undoubtedly hardened by the publicity given to sordid and gruesome details. One fails to see what good purpose can possibly be served. Any serious attempt to suppress the increase of crime must take these matters into consideration, and it will unquestionably prove abortive unless a much stricter censorship is exercised over the publication of the gruesome details of crimes and scandals and also over the sale of the type of literature referred to. |