The list of causes of crime in the social environment might be indefinitely extended until the student would perhaps think that practically everything was a cause of crime in one way or another; and it is true that everything that depresses men in society is a cause of crime. However, if the student has gained an impression of the great complexity of the causes of crime, that is the main thing.
A question may here be raised whether it is possible to reduce all the causes of crime to causes in the social environment--that is, all subjective causes to objective. Many writers have contended that this is possible, but we shall see that there are causes in heredity and causes in psychological conditions, to say nothing of some possible free will in individuals, which cannot be derived from social conditions and which would produce crime quite independent of objective social conditions, unless these subjective factors were also controlled. There is no reason to believe that a perfectly just social organization which did not attempt to control heredity and the moral character of individuals would succeed in eliminating crime. On the contrary, biological variation alone arising from influences independent of the environment would produce a certain amount of crime. Crime, in other words, is, to a certain extent, like pauperism, an expression of the elimination of the inferior variants in society, and will continue to exist as long as we allow the process of evolution by natural selection to go on.
Nevertheless, it is true in a certain sense, as Laca.s.sagne says, that "every society has the criminals it deserves;" that is, every society could, by taking proper means, practically eliminate crime and the criminal cla.s.s. This would have to be done, however, by something more radical than a mere reorganization of human society in an industrial way. Three things are necessary for society practically to eliminate crime: first, the correction of defects in social conditions, particularly of economic evils in society; second, the proper control of physical heredity by a rational system of eugenics; third, the proper education and training of every child for social life from infancy up.
_The Subjective Causes of Crime._ In order to see all that is involved in the above program let us study somewhat the subjective causes of crime. These may be divided into biological and psychological.
Among the biological causes of crime, and one which certainly cannot be reduced to the environment, is s.e.x. As we have already seen, crime is a social phenomenon which is chiefly confined to the male s.e.x. In 1904, for example, 94.5 per cent of the prison population in the United States were males, and in the statistics of convictions it is estimated that ninety-one men are convicted for every nine women. The statistics for all civilized countries show practically the same conditions, although in most European countries the proportion of female prisoners is somewhat higher, owing, undoubtedly, to certain influences in the social environment.
Another subjective factor in crime, which again cannot be reduced to environment, is age. Practically all crime falls in the active period of life, and the bulk of it between the ages of twenty-one and forty years.
The average of men in our state penitentiaries is frequently not above twenty-seven or twenty-eight years.
Other subjective biological conditions that cause crime may be summed up under the word "degeneracy." These abnormal conditions, however, we shall examine later.
Among the psychological conditions of the individual that give rise to crime the most common are habits, aims, and ideals. Of peculiar interest among personal habits that have an influence upon crime is intemperance, and this is such an important cause of crime that we must stop to examine it in some detail. It is often said that 95 per cent of the crime of our country results from this cause alone. The Committee of Fifty, however, investigated the cases of 13,402 convicts with reference to this matter, and found that intemperance was a cause of crime in the cases of 49.95 per cent. It was a chief cause of crime, however, only in the cases of 31.18 per cent. In the remaining cases the intemperance was that of ancestors or a.s.sociates. Other investigators have found that intemperance figures as a cause of crime in from 60 to 80 per cent of the cases, but these investigations were not so full as that of the Committee of Fifty, and it is safer to conclude, for the present at least, that intemperance figures as a cause in about fifty per cent in the cases of serious crime. The wonder is that any one cause could figure in so many cases when there are so many varied influences in society depressing men. Of course intemperance can, as has already been said, in large part be ascribed to the influence of external stimuli in the environment, but it has also causes in the biological and psychological make-up of certain individuals that cannot be easily reduced to environmental factors.
_Influence of Physical Degeneracy upon Crime_. By degeneracy we mean, to use Morel"s definition, "a morbid deviation from the normal type." That is, degeneracy is such an alteration of organic structures and functions that the organism becomes incapable of adapting itself to more or less complex conditions. Ordinary forms of degeneracy that are well recognized are feeble-mindedness, chronic insanity, chronic epilepsy, congenital deaf-mutism, habitual pauperism, and the like. Now there can be no doubt that criminality in some of its forms is related to these functional forms of degeneracy. Even ordinary people have noticed its similarity to insanity, while Lombroso has traced an elaborate parallel between criminality and epilepsy. Without accepting extreme views, it may be claimed that criminality is, in some cases, a form of biological degeneracy for the following reasons:
(1) The investigations of criminal anthropologists have established the fact that criminals as a cla.s.s present a much larger number of structural and functional abnormalities than does the average man. The prisoners in our state prisons, for example, with few exceptions, could not measure up to the requirements laid down by the United States Army authorities for the enlistment of soldiers.
(2) Investigations, like that of the Jukes family by Dr. Dugdale, have established the fact that criminals, paupers, imbeciles, drunkards, prost.i.tutes, and other degenerates frequently spring from the same family stock. A very large percentage of the prisoners in our prisons have come from more or less degenerate family stocks.
(3) Criminals more often show other forms of degeneracy than criminality than does the average population; that is, criminals often belong to one of the well-recognized degenerate cla.s.ses, such as imbeciles, epileptics, and insane.
These three arguments may be considered to be conclusive proof that criminality is in some cases a manifestation of physiological degeneracy; but they do not show that the bulk of criminals come from physiologically degenerate stocks. On the contrary it is highly probable that the marks of physiological degeneracy are not to be seen in from more than 25 to 30 per cent of our criminal cla.s.s. These marks of degeneracy are of course especially common among the instinctive or born criminals, and to some extent they are found among the habitual criminals also.
_The Influence of Heredity on Crime_. A word must be said about the influence of heredity on crime. The student will remember that, according to the modern theory of heredity, acquired characters, or characteristics, are not transmissible. Accordingly, when we find crime running in a family for generations, as in the Jukes or Zero families, we must a.s.sume either that the criminal tendency is transmitted by the social environment or that it is due to some congenital variation in some ancestor. In other words, if a person is a criminal by hereditary defect, if the criminal tendency is born in him, as it is in the instinctive criminal, he will transmit the tendency toward crime to his offspring; but if a normal person becomes a criminal by acquired habit he will transmit no tendency toward crime to his children, although his children may of course acquire the tendency from their social environment.
This is not saying, however, that in such cases as habitual drunkenness and habitual vice an impaired const.i.tution may not be transmitted to offspring. But this, strictly speaking, is not the transmission of any specific acquired characteristic, but only a general transmission of impaired vitality which may show itself in crime and in various forms of degeneracy. The germ cells are of course a part of the body, and anything that profoundly impairs the nutrition of the body generally, such as alcoholism and const.i.tutional diseases, would also impair the nutrition of the germ cells, and result in a weakened const.i.tution in offspring.
_Lombroso"s Theory of Crime_. Lombroso, and the Italian school of criminologists generally, attribute crime chiefly to atavism, that is, reversion to primitive types. They claim that the criminal in modern society is merely a biological reversion to the savage type of man; that the criminal const.i.tutes therefore a distinct "anthropological variety"; and that there is a marked "criminal type" which can be made out even before a person has committed a crime. They say further that the criminal type is marked physically by having five or more of the stigmata of degeneration, and that it is marked mentally by having the characteristics of the savage or nature man. We cannot stop to criticize in full this completely biological theory of crime which is offered by Lombroso and his followers. Undoubtedly crime has biological roots, and these we have attempted to point out in discussing the influence of degeneracy upon crime. But to claim that the criminal const.i.tutes a well-marked "anthropological variety" of the human species, as Lombroso argues, is to set up a claim for which there is no foundation. What Lombroso thinks are the marks of the criminal are simply the marks belonging to the degenerate cla.s.ses in general. That is, they are found among the insane and feeble-minded, for example, as well as in some cla.s.ses of criminals. There is then no criminal type which clearly separates the criminal from other cla.s.ses of degenerates, and which will mark a man out as belonging to the criminal cla.s.s even before he has committed a crime. Lombroso and some of his school have altogether overemphasized the physical and anatomical side of the study of the criminal, and slighted the sociological side of such study. Moreover, Lombroso"s statements, which he makes in very general terms, apply, if they apply at all, not to criminals as a cla.s.s, but only to instinctive criminals, as indeed he himself has acknowledged.
Remedies for Crime.--The remedies for crime are dealt with by the subsidiary science of penology, which may be regarded as a branch of scientific philanthropy. We can only direct the student"s attention here to the vast literature on the subject and remark that the cure for crime consists not in some social panacea or in social revolution, but in dealing with the causes of crime so as to prevent the existence of the criminal cla.s.s. In a general way, we have already indicated in discussing the remedies for poverty and pauperism what the steps must be to eradicate crime. In order practically to wipe out crime in society, as we have already said, three things are necessary. First, every individual must have a good birth; that is, heredity must be controlled so that only those who are physically and mentally sound are allowed to marry and reproduce. The difficulties of doing this we have already noted. Second, every individual must have a good training, both at home and at school, so as to adjust him properly to the social life. His education must fit him to take his place among other men, make him able to take care of himself, and to help others; and make him, in every possible way, acquainted with the social inheritance of the race. Last but not least, just social conditions must be provided. Everything in the social environment must be carefully looked after in order to insure the best development of the individual and to prevent his environment from being in any way a drawback to him.
These things, if it were possible to bring them about, would wipe out crime, or, at least, minimize it to the lowest terms. Of course, this cannot be done in a generation, perhaps not in many generations, but it is evident that the problem of crime is in no way an insoluble problem in human society. With time and care and scientific knowledge, crime, as well as poverty and pauperism, could be wiped out.
But curative measures are important, also, in dealing with the criminal, and each distinct cla.s.s must be dealt with differently. We noted in the beginning of the chapter the three great character types in the criminal cla.s.s: the instinctive criminal, in whom the tendency toward a life of crime is inborn; the habitual criminal, who acquires the habit of crime from his surroundings; and the single offender, who, while committing a single offense, never becomes a criminal in the strictest sense. These three distinct cla.s.ses of criminals, whom we might style the degenerates, the derelicts, and the accidental offenders, need to be recognized in our criminal law and to be dealt with differently by our criminal courts and correctional inst.i.tutions. The instinctive criminal can scarcely be adjusted to normal social life. He is, as we have already seen, essentially a defective, usually more or less feeble-minded. Reformation in the fullest sense of the word is almost out of the question in his case. The proper policy for society with reference to the instinctive criminal cla.s.s, which const.i.tutes but a small portion of our total criminal population, would be segregation for life. Practically, of course, this may have its difficulties until we perfect our means of discovering slight mental defects in individuals which make them incapable of social adjustment, but practically, also, we have found means of recognizing this type by such marks as incorrigibility, recidivism, and the stigmata of degeneracy.
The habitual criminal, who originally was a normal person, can be, at least in the early part of his career, fully reformed. Children and adolescents, even though habitual offenders, are easily susceptible of reformation, but this is difficult with the adult habitual offender past thirty years of age who has a long criminal record behind him. Like the instinctive criminal, he is scarcely capable of reformation. Hardened habitual offenders, and especially professional criminals, should, therefore, be sentenced upon indeterminate sentences, terminable only when adequate evidence of their reformation has been secured. This can best be accomplished by what is known as the "habitual criminal act,"
providing that persons guilty of three or four felonies shall be sent to prison for life, to be released only upon satisfactory evidence of reformation.
The single offender, who is usually a reputable citizen who commits crime through pa.s.sion or through great temptation, can usually best be dealt with outside of prison walls. The young single offender, if not properly handled, may be easily transformed into an habitual criminal.
On the whole, a young single offender who has had no criminal record is, perhaps, best dealt with by the system of probation which we will note later. On the other hand, certain single offenders past thirty years of age, such as bribe-givers and bribe-takers, society may have to punish in order to make an example of. Exemplary punishment is, undoubtedly, still necessary in some cases, and in the main it should be reserved for this cla.s.s of mature offenders in society who have otherwise lived reputable lives. Just how far exemplary punishment should be used in society as a deterrent to crime is a disputed question among penologists. Whether, as in cases of homicide, it should ever go to the extent of capital punishment or not depends very much upon the civilization of the group. In a civilization like ours, where blood vengeance is so often demanded by mobs, it is probably unwise, for the present at least, to seek the abolition of capital punishment for murder in the first degree.
_The Prison System._ Every state should have at least six distinct sets of inst.i.tutions to deal with the criminal cla.s.s.
1. County and city jails for the detention of offenders awaiting trial.
2. Reform schools for delinquent children under sixteen years of age who require inst.i.tutional treatment.
3. Industrial reformatories for adult first offenders between sixteen and thirty years of age who require inst.i.tutional treatment.
4. Special reformatories for vagrants, inebriates, and prost.i.tutes.
5. A hospital prison for the criminal insane.
6. County and state penitentiaries for incorrigible, hardened criminals.
If any one of these sets of inst.i.tutions is lacking in a state, it is impossible for the state to deal properly in a remedial way with the problem of crime. All these inst.i.tutions, of course, need to be manned by experts and equipped in the best possible way. The present condition of our jails, of our penitentiaries, and to some extent of our reform schools, frequently makes them schools of crime. Nothing is more demoralizing in any community than a bad jail where criminals of all cla.s.ses are herded together in idleness. Again, the administration of some of our state penitentiaries with an eye to profit only, makes them places for the deformation of character rather than for its reformation.
Again, the lack of special inst.i.tutions to deal with habitual vagrants, drunkards, and prost.i.tutes, is one of the great reasons why we find it so difficult to stamp out crime. Into the details of the organization, construction, and management of these inst.i.tutions we cannot go in this book. It is sufficient to say that all these inst.i.tutions should furnish specialized scientific treatment for the various delinquent cla.s.ses with which they deal, and to do this they should aim to reproduce the conditions and discipline of free life as far as possible. These inst.i.tutions, in other words, with the exception of the penitentiaries and other inst.i.tutions for segregation, should aim at overcoming defective character in individuals. Their work is mainly, therefore, a work of remedying psychical defects in the individual which prevent his proper adjustment to society. In the case of penitentiaries, however, the work is one mainly of segregation, of providing humane care under such conditions as least to burden society, and at the same time give such opportunity as there may be for reformation.
_Subst.i.tutes for Imprisonment._ We have already noted that some cla.s.ses of offenders may be reformed outside of prison walls. This is especially true of children, of the younger misdemeanants, and of those who have committed their first felony. It has been found that by suspending sentences in such cases, giving the person liberty upon certain conditions, and placing him under the surveillance of an officer of the court who will stand in the relation of friend and quasi-guardian to him, that reformation can, in many cases, be easily accomplished.
This is known as the probation system. It has been characterized as "a reformatory without walls." Originating in Ma.s.sachusetts, it has been increasingly put into practice of recent years in many states with much success. The system, however, will not work well without trained probation officers to watch over those who are given conditional liberty. The practice of placing upon probation without probation officers is a questionable one and is liable to bring in disrepute the whole system. Probation is not mere leniency, as some suppose, but is rather a system of reformation in line with the most scientific approved methods.
Coupled with probation should often go fines and rest.i.tution to injured parties. In such cases, when the person is placed upon probation, the fine or rest.i.tution may often be paid in installments, and it has been found to have a decidedly reformatory effect upon the character of the offender. Fines without probation are, however, but little more than retribution, or exemplary punishment.
_Delinquent Children._ The treatment of delinquent children const.i.tutes a special problem in itself. It has recently come to be well recognized that criminal tendencies nearly always appear in childhood, and that if we can overcome these tendencies in the delinquent child, we shall largely prevent the existence of an habitual criminal cla.s.s.
Strictly speaking, of course, the child is a presumptive rather than a real criminal. The delinquent child is socially maladjusted and is scarcely ever to be considered an enemy of organized society. Delinquent children should be dealt with, therefore, as presumptive rather than as genuine criminals. In general, therefore, they should not be arrested, should not be put in jail with older offenders, and should be tried by a special court in which the judge representing the state plays the role of a parent. For the most part, delinquent children may be dealt with, as we have already seen by putting them upon probation under the care of proper probation officers. When the home surroundings are not good, such children may often be placed in families and their reformation more easily secured than if placed in inst.i.tutions. In any case, they should never be sent to the reform school except as a last resort. The parent or guardian, also, should be held responsible for the delinquency of the child if he is contributory thereto by his negligence or otherwise.
We may sum up this chapter, then, by repeating that the problem of crime is in no way an insoluble problem in human society, though, perhaps, a certain amount of occasional and accidental crime will always exist.
The solution of the problem, as we have seen, only demands that man should secure the same mastery over his social environment and over human nature that he has already practically achieved over physical nature; and the gradual development of the social sciences will certainly make this possible some time in the future.
SELECT REFERENCES
_For brief reading:_
ELLIS, _The Criminal._ WINES, _Punishment and Reformation._ BOIES, _The Science of Penology._
_For more extended reading:_
BARROWS, _The Reformatory System in the United States._ BARROWS, _Children"s Courts in the United States._ DRAHMS, _The Criminal._ FERRI, _Criminal Sociology._ MORRISON, _Crime and Its Causes._ MORRISON, _Our Juvenile Offenders._ PARMELEE, _Anthropology and Sociology in Relation to Criminal Procedure._ TRAVIS, _The Young Malefactor._
CHAPTER XIV
SOCIALISM IN THE LIGHT OF SOCIOLOGY
There have been many "short-cuts" proposed to the solution of social problems. Among these the various schemes for reorganizing human society and industry, brought together under the general name of "socialism,"
have attracted most attention and deserve most serious consideration.
In criticizing the most conspicuous of these schemes of social reconstruction, the so-called "scientific socialism," it should be understood at the outset that there is no intention of questioning the general aims of the socialists. Those aims, as voiced by their best representatives, are in entire accord with sound science, religion, and ethics. That humanity should gain collective control over the conditions of its existence is the ultimate and highest aim of all science, all education, and all government. No student of sociology doubts that human society has steadily moved, though with interruptions, toward a larger control over its own processes; and no sane man doubts that such collective control over the conditions of existence is desirable. These general aims, which the socialists share with all workers for humanity, are not in question. What is in question are the specific means or methods by which the socialists propose to reconstruct human society--to gain collective control over the means of existence. In order to criticize socialism we must see a little more narrowly what socialism is and what it proposes to do.