[8] Quarterly Review, 1871, "The London Police." [9] Thomson, "The Psychology of Criminals," Journal of Mental Science, 1870.
We must, however, read these testimonies of practical men, which could easily be multiplied, in the light of our distinction between incorrigible criminals, who are so from their birth, and such as are made incorrigible by the effect of their prison and social environment. The former could scarcely be reduced in number, whilst the latter could be considerably diminished by the penal alternatives of which I will speak later.
The following statistics of relapse are quoted from Yvernes, "La Recidive en Europe" (Paris, 1874):- FRANCE-1826-74.
ITALY-1870.
Relapses ENGLAND-1871. SWEDEN-1871. Accused Accused Prisoners. Thieves. and brought and brought to trial. to trial.
Once ... ... 38 per cent. 54 per cent. 45 per cent. 60 per cent.
Twice ... 18 " 28 " 20 " 30 "
Three times... 44 " 18 " 35 " 10 "
In Prussia (1878-82), 17 per cent. had relapsed once, 16 per cent. twice, 16 per cent. three times, 13 per cent. four times, 10 per cent five times, and 28 per cent. six times or oftener.[10]
[10] Starke, "Verbrechen und Verbrecher," Berlin, 1884, p. 229.
At the Prisons Congress of Stockholm the following figures were given for Scotland. Out of a total of forty-nine relapsed prisoners, 16 per cent. had relapsed once, 13 per cent. twice or three times, 6 per cent. four or five times, 6 per cent. from six to ten times, 5 per cent. from ten to twenty times, 4 per cent. from twenty to fifty times, and 1 per cent. more than fifty times.
At the meeting of the Social Science Congress, held at Liverpool, in 1876, Mr. Nugent stated that upwards of 4,107 women had relapsed four times or oftener, and that many of them were cla.s.sed as incorrigible, having been convicted twenty; forty, or fifty times, whilst one had been convicted 130 times.
The judicial statistics of Italy for 1887 give the following results:-
ITALY-Convicted, per cent. Relapses.
Justices of Tribunals. a.s.sizes.
Peace.
Once ... ... ... ... 57 42 50 Two to five times ... 34 40 40 More than five times ... 9 18 10 ---------------------------- Actual totals of relapses 27,068 16,240 1,870 I have found from my inquiries amongst 346 condemned to penal servitude and 353 prisoners from the correctional tribunals the following percentages:-
Relapsed. Convicts Imprisoned. Once ... ... 83.2 ... ... 26 Twice ... ... 12.5 ... ... 16.5 3 times ... ... 3.1 ... ... ... 14.6 4 " ... ... - ... ... ... 10.8 5 " ... ... 6.8 ... ... ... 6.6 6 " ... ... - ... ... ... 5.2 7 " ... ... 1.6 ... ... ... 7.1 8 " ... ... - ... ... ... 2.8 9 " ... ... - ... ... ... 2.8 10 " ... ... - ... ... ... 2.3 11 " ... ... - ... ... ... .9 12 " ... ... - ... ... ... .5 13 " ... ... - ... ... ... .9 14 " ... ... - ... ... ... 1.4 15 " ... ... - ... ... ... .9 20 " ... ... - ... ... ... .5 ------------------------ Actual totals of relapses 128 212
Chronic relapse is naturally less frequent in the case of those condemned to long terms; but it is a conspicuous symptom of individual and social pathology in the two cla.s.ses of born and habitual criminals.
Lombroso, in the second volume of his work on "The Criminal," denies that precocity and relapse are characteristics distinguishing born and habitual from occasional criminals. But it is only a question of terms. He considers that born and habitual criminals confine themselves almost exclusively to serious crime, and occasional criminals to minor offences. And as the figures which I have given show that precocity and relapse are even more frequent for minor offences than for crimes, he thinks that they contradict instead of confirming my conclusions.
The mere seriousness of an act cannot by any means divide the categories of criminals; for homicide as well as theft, a.s.sault and battery as well as forgery, may be committed, though in different psychological and social conditions, as easily by born and habitual criminals as by occasional criminals and criminals of pa.s.sion.
Moreover, the figures which I have given show that precocity and relapse are more frequent in the forms of criminality which, apart from their gravity, are the common practices of born and habitual criminals, such as murder, homicide, robbery, rape, &c., whilst they are far more uncommon, even if they can be said to be observed at all, in the case of the crimes and offences usually committed by occasional criminals, such as infanticide, and certain of the offences mentioned above.
It remains to say something of the occasional criminals, and the criminals of pa.s.sion.
The latter are but a variety of the occasional criminals, but their characteristics are so specific that they may be very readily distinguished. In fact Lombroso, in his second edition, supplementing the observations of Despine and Bittinger, separated them from other criminals, and cla.s.sified them according to their symptoms. I need only summarise his observations.
In the first place, the criminals who const.i.tute the strongly marked cla.s.s of criminals by irresistible impulse are very rare, and their crimes are almost invariably against the person. Thus, out of 71 criminals of pa.s.sion inquired into by Lombroso, 69 were homicides, 6 had in addition been convicted of theft, 3 of incendiarism, and 1 of rape.
It may be shown that they number about 5 per cent. of crimes against the person.
They are as a rule persons of previous good behaviour, sanguine or nervous by temperament, of excessive sensibility, unlike born or habitual criminals, and they are often of a neurotic or epileptoid temperament, of which their crimes may be, strictly speaking, an unrecognised consequence.
Frequently they transgress in their youth, especially in the case of women, under stress of a pa.s.sion which suddenly spurns constraint, like anger, or outraged love, or injured honour. They are highly emotional before, during, or after the crime, which they do not commit treacherously, but openly, and often by ill- chosen methods, the first that present themselves. Now and then, however, one encounters criminals of pa.s.sion who premeditate a crime, and carry it out treacherously, either by reason of their colder and less impulsive temperament, or as the outcome of preconceived ideas or a widespread sentiment, in cases where we have to do with a popular form of lawlessness, such as the vendetta.
This is why the test of premeditation has no absolute value in criminal psychology, as a distinction between the born criminal and the criminal of pa.s.sion; for premeditation depends especially on the temperament of the individual, and is exemplified in crimes committed by both anthropological types.
Amongst other symptoms of the criminal of pa.s.sion, there is also the precise motive which leads to a crime complete in itself, and never as a means of attaining another criminal purpose.
These offenders immediately acknowledge their crime, with una.s.sumed remorse, frequently so keen that they instantly commit, or attempt to commit suicide. When convicted-as they seldom are by a jury-they are always repentant prisoners, and amend their lives, or do not become degraded, so that in this way they encourage superficial observers to affirm as a general fact, and one possible in all circ.u.mstances, that ameliorative effect of imprisonment which is really a mere illusion in the case of the far more numerous cla.s.ses of born and habitual criminals.
In these same offenders we very rarely observe, if at all, the organic anomalies which create a criminal type. And even the psychological characteristics are much slighter in countries where certain crimes of pa.s.sion are endemic, almost ranking amongst the customs of the community, like the homicides which occur in Corsica and Sardinia for the vindication of honour, or the political a.s.sa.s.sinations in Russia and Ireland.
The last cla.s.s is that of occasional criminals, who without any inborn and active tendency to crime lapse into crime at an early age through the temptation of their personal condition, and of their physical and social environment, and who do not lapse into it, or do not relapse, if these temptations disappear.
Thus they commit those crimes and offences which do not indicate natural criminality, or else crimes and offences against person or property, but under personal and social conditions altogether different from those in which they are committed by born and habitual criminals.
There is no doubt that, even with the occasional criminal, some of the causes which lead him into crime belong to the anthropological cla.s.s; for external causes would not suffice without individual predispositions. For instance, during a scarcity or a hard winter, not all of those who experience privation have recourse to theft, but some prefer to endure want, however undeserved, without ceasing to be honest, whilst others are at the utmost driven to beg their food; and amongst those who yield to the suggestion of crime, some stop short at simple theft, whilst others go as far as robbery with violence.
But the true difference between the born and the occasional criminal is that, with the former, the external cause is less operative than the internal tendency, because this tendency possesses, as it were, a centrifugal force, driving the individual to commit crime, whilst, for the occasional criminal, it is rather a case of feeble power of resistance against external causes, to which most of the inducement to crime is due.
The casual provocation of crime in the born criminal is generally the outcome of an instinct or tendency already existing, and far more of a pretext than an occasion of crime. With the occasional criminal, on the other hand, it is the casual provocation which matures, no doubt in a favouring soil, the growth of criminal tendencies not previously developed.
For this reason Lombroso calls the occasional criminals "criminaloids," in order to show precisely that they have a distinctly abnormal const.i.tution, though in a less degree than the born criminals, just as we have the metal and the metalloid, the epileptic and the epileptoid.
And this, again, is the reason why Lombroso"s criticisms on my description of occasional criminals are lacking in force. He says, as Benedikt said at the Congress at Rome, that all criminals are criminals by birth, so that there is no such thing as an occasional criminal, in the sense of a NORMAL individual casually launched into crime. But I have not, any more than Garofalo, drawn such a picture of the occasional criminal, for as a matter of fact I have said precisely the opposite, as indeed Lombroso himself acknowledges a little further on (ii. 422), namely, that between the born and the occasional criminal there is only a difference of degree and modality, as in all the criminal cla.s.ses.
To cite a few details of criminal psychology, it may be stated that of the two physiological conditions of crime, moral insensibility and improvidence, occasional crime is especially due to the latter, and inborn and habitual crime to the former. With the born criminal it is, above all, the lack or the weakness of moral sense which fails to withstand crime, whereas with the occasional criminal the moral sense is almost normal, but inability to realise beforehand the consequences of his act causes him to yield to external influences.
Every man, however pure and honest he may be, is conscious now and then of a transitory notion of some dishonest or criminal action. But with the honest man, exactly because he is physically and morally normal, this notion of crime, which simultaneously summons up the idea of its grievous consequences, glances off the surface of the normal conscience, and is a mere flash without the thunder. With the man who is less normal and has less forethought, the notion dwells, resists the weak repulsion of a not too vigorous moral sense, and finally prevails; for, as Victor Hugo says, "Face to face with duty, to hesitate is to be lost."[11]
[11] For instance, I will recall a fact which Morel has related of himself, how one day, as he was crossing a bridge in Paris, he saw a working-man gazing into the water, and a homicidal idea flashed across his mind, so that he had to hurry away, for fear of yielding to the temptation to throw the man into the water. Again, there is the case of Humboldt"s nurse, who was attacked one day by the temptation to kill her charge, and ran with him to his mother in order to avoid a disaster. Brierre de Boismont also tells us of a learned man who, at the sight of a picture in a public gallery, was tempted to cut the canvas, and ran away from his impulse to crime.
The criminal of pa.s.sion is one who is strong enough to resist ordinary temptations of no exceptional force, to which the occasional criminal would yield, but who does not resist psychological storms which indeed are sometimes actually irresistible.
The forms of occasional criminality, which are determined by these ordinary temptations, are also determined by age, s.e.x, poverty, worldly influences, influences of moral environment, alcoholism, personal surroundings, and imitation. Tarde has ably demonstrated the persistent influence of these conditions on the actions of men.
In this connection, Lombroso has drawn a clear distinction between two varieties of occasional criminals: the "pseudo-criminals," or normal human beings who commit involuntary offences, or offences which do not spring from perversity, and do not hurt society, though they are punishable by law, and "criminaloids," who commit ordinary offences, but differ from true criminals for the reasons already given.
A final observation is necessary in regard to this anthropological cla.s.sification of criminals, and it meets various objections raised by our syllogistic critics. The difference existing amongst the five categories is only one of degree, and depends upon their organic and psychological types, and upon the influence of physical and social environment.
In every natural cla.s.sification the differences between various groups and varieties are never anything but relative. This deprives them of none of their theoretical and practical importance, and so it is with this anthropological cla.s.sification of criminals.
It follows that, as in natural history we advance by degrees and shades from the inorganic to the organic creation, life beginning in the mineral domain with the laws of crystallisation, so in criminal anthropology we pa.s.s by degrees and shades from the mad to the born criminal, through the links of moral madmen and epileptics; and from the born criminal to the occasional, through the link of the habitual criminal, who begins by being an occasional criminal, and ends by acquiring and transmitting to his children the characteristics of the born criminal. And finally, we pa.s.s from the occasional criminal to the criminal of pa.s.sion, who is but a species of the other, and who further, with his neurotic and epileptoid temperament, not infrequently approximates to the criminal of unsound mind.
Thus in our everyday life, as in science, we very often find intermediate types, for complete and unmixed types are always the most uncommon. And whilst legislators and judges, in their complacent psychology, exact and establish marked lines of cleavage between the sane and the insane criminal, experts in psychiatry and anthropology are often constrained to place a prisoner somewhere between the mad and the born criminal, or between the occasional criminal and the normal man.
But it is evident that even when a criminal cannot be cla.s.sed precisely in one or the other category, and stands between the two, this is in itself a sufficiently definite cla.s.sification, especially from a sociological point of view. There is consequently no weight in the objection of those who, basing their argument on an abstract and nebulous idea of the criminal in general, and judging him merely according to the crime which has been committed, without knowing his personal characteristics and the circ.u.mstances of his environment, affirm that criminal anthropology cannot cla.s.sify all who are detained and accused.
In my experience, however, as a counsel and as an observer, I have never had any difficulty in cla.s.sifying all persons detained or condemned for crimes and offences, by relying upon organic, and especially upon psychological symptoms.
Thus, as Garofalo recently said, whilst the accepted criminal science recognises only two terms, the offence and the punishment, criminal sociology on the other hand recognises three: the crime, the criminal, and the means best calculated for social self- defence. And it may be concluded that up to this time, science, legislation, and, in a minor degree, but without any scientific method, the administration of justice, have judged and punished crime in the person of the criminal, but that hereafter it will be necessary to judge the criminal as well as the crime.
After these general observations on the anthropological cla.s.ses of criminals, it might seem necessary to establish their respective numerical proportions. But as there is no absolute separation between one and another, and as the frequency of the several criminal types varies according to the crimes or offences, natural or otherwise, against persons or property, no precise account can be rendered of the criminal world as a whole.
By way of approximation, however, it may be said in the first place that the cla.s.ses of mad criminals and criminals of pa.s.sion are the least numerous, and represent something like 5 or 10 per cent. of the total.