Part 1 (2/2)

These remarks lead me to approach the question of what is called ”the movement” of crime. Is its total volume increasing or decreasing in the princ.i.p.al civilised countries of the world? On this point there is some diversity of view, but most of the princ.i.p.al authorities in Europe and America are emphatically of opinion that crime is on the increase. In the United States, we are told by Mr. D.A. Wells,[4] and by Mr. Howard Wines, an eminent specialist in criminal matters, that crime is steadily increasing, and it is increasing faster than the growth of the population.

Nearly all the chief statisticians abroad tell the same tale with respect to the growth of crime on the Continent. Dr. Mischler of Vienna, and Professor von Liszt of Marburg draw a deplorable picture of the increase of crime in Germany. Professor von Liszt, in a recent article,[5] says, that fifteen million persons have been convicted by the German criminal courts within the last ten years; and, according to him, the outlook for the future is sombre in the last degree. In France, the criminal problem is just as formidable and perplexing as it is in Germany; M. Henri Joly estimates that crime has increased in the former country 133 per cent. within the last half century, and is still steadily rising. Taking Victoria as a typical Australasian colony, we find that even in the Antipodes, which are not vexed to the same extent as Europe with social and economic difficulties, crime is persistently raising its head, and although it does not increase quite as rapidly as the population, it is nevertheless a more menacing danger among the Victorian colonists than it is at home.[6]

Is England an exception to the rest of the world with respect to crime? Many people are of opinion that it is, and the idea is at present diligently fostered on the platform and in the press that we have at last found out the secret of dealing successfully with the criminal population. As far as I can ascertain, this belief is based upon the statement that the daily average of persons in prison is constantly going down. Inasmuch, as there was a daily average of over 20,000 persons in prison in 1878, and a daily average of about 15,000 in 1888, many people immediately jump at the conclusion that crime is diminis.h.i.+ng. But the daily average is no criterion whatever of the rise and fall of crime. Calculated on the principle of daily average, twelve men sentenced to prison for one month each, will not figure so largely in criminal statistics as one man sentenced to a term of eighteen months. The daily average, in other words, depends upon the length of sentence prisoners receive, and not upon the number of persons committed to prison, or upon the number of crimes committed during the year. Let us look then at the number of persons committed to Local Prisons, and we shall be in a position to judge if crime is decreasing in England or not. We shall go back twenty years and take the quinquennial totals as they are recorded in the judicial statistics:-

Total of the 5 years1868 to 1872774,667.

Total of the 5 years,1873 to 1877,866,041.

Total of the 5 years,1884 to 1888,898,486.

If statistics are to be allowed any weight at all, these figures incontestably mean that the total volume of crime is on the increase in England as well as everywhere else. It is fallacious to suppose that the authorities here are gaining the mastery over the delinquent population. Such a supposition is at once refuted by the statistics which have just been tabulated, and these are the only statistics which can be implicitly relied upon for testing the position of the country with regard to crime.

Seeing, then, that the total amount of crime is regularly growing, how is the decrease in the daily average of persons in prison to be accounted for?

This decrease may be accounted for in two ways. It may be shown that although the number of people committed to prison is on the increase, the nature of the offences for which these people are convicted is not so grave. Or, in the second place, it may be shown that, although the crimes committed now are equally serious with those committed twenty years ago, the magistrates and judges are adopting a more lenient line of action, and are inflicting shorter sentences after a conviction. Let us for a moment consider the proposition that crime is not so grave now as it was twenty years ago. In order to arrive at a fairly accurate conclusion on this matter, we have only to look at the number of offences of a serious nature reported to the police. Comparing the number of cases of murder, attempts to murder, manslaughter, shooting at, stabbing and wounding, and adding to these offences the crimes of burglary, housebreaking, robbery, and arson-comparing all these cases reported to the police for the five years 1870-1874, with offences of a like character reported in the five years 1884-1888, we find that the proportion of grave offences to the population was, in many cases, as great in the latter period as in the former.[7] This shows clearly that crime, while it is increasing in extent, is not materially decreasing in seriousness; and the chief reason the prison population exhibits a smaller daily average is to be found in the fact that judges are now p.r.o.nouncing shorter sentences than was the custom twenty years ago. We are not left in the dark upon this point; the judges themselves frequently inform the public that they have taken to shortening the terms of imprisonment. The extent to which sentences have been shortened within the last twenty years can easily be ascertained by comparing the committals to prison and the daily average of the quinquenniad 1868-72 with the committals and the daily average of the quinquenniad 1884-88. A comparison between these two periods shows that the length of imprisonment has decreased twenty-six per cent. In other words, whereas a man used to receive a sentence of twelve months' imprisonment, he now receives a sentence of nine months; and whereas he used to get a sentence of one month, he now gets twenty-one days. If it he a serious offence, or if the criminal be a habitual offender, he now receives eighteen months' imprisonment, whereas he used to receive five years' penal servitude. As far as most judges and stipendiary magistrates are concerned, sentences of imprisonment have decreased in recent years more than twenty-six per cent.; and if there was a corresponding movement on the part of Chairmen of Quarter Sessions, the average decrease in the length of sentences would amount to fifty per cent. But it is a notorious fact that amateur judges are, with few exceptions, more inclined to p.r.o.nounce heavy sentences than professional men.

We have now arrived at the conclusion that crime is just as serious in its character as it was twenty years ago, and that it is growing in dimensions year by year; the next point to be considered is, the relation in which crime stands to the population. Crime may be increasing, but the population may be multiplying faster than the growth of crime. Is this the condition of things in England at the present day? We have seen that the criminal cla.s.ses are increasing much faster than the growth of population in France and the United States. Is England in a better position in this respect than these two countries? At the present time there is one conviction to about every fifty inhabitants, and the proportion of convictions to the population was very much the same twenty years ago. If we remember the immense development that has taken place in the industrial school system within the last twenty years-a development that has undoubtedly had a great deal to do with keeping down crime-we arrive at the conclusion that, notwithstanding the beneficent effects of Industrial Schools, the criminal cla.s.ses in this country still keep pace with the annual growth of population. If we had no Industrial and Reformatory inst.i.tutions for the detention of criminal and quasi-criminal offenders among the young, there can be no doubt that England, as well as other countries, would have to make the lamentable admission that crime was not only increasing in her midst, but that it was increasing faster than the growth of population. The number of juveniles in these inst.i.tutions has more than trebled since 1868,[8] and it is unquestionable that if these youthful offenders were not confined there, a large proportion of them would immediately begin to swell the ranks of crime. That crime in England is not making more rapid strides than the growth of population, is almost entirely to be attributed to the action of these schools.

We shall now look at another aspect of the criminal question, and that is its cost. Crime is not merely a danger to the community; it is likewise a vast expense; and there is no country in Europe where it does not const.i.tute a tremendous drain upon the national resources. Owing to the federal system of government in America, it is almost impossible to estimate how much is spent in the prevention and punishment of crime in the United States, but Mr. Wines calculates that the police force alone costs the country fifteen million dollars annually.[9] In the United Kingdom the cost of criminal justice and administration is continually on the increase, and it has never been so high as it is at the present time. In the Estimates for the year 1891 the cost of Prisons and of the Asylum for criminal lunatics falls little short of a million sterling. Reformatory and Industrial Schools for juvenile offenders cost considerably over half-a-million, and the expenditure on the Police force is over five and a half millions annually. Add to these figures the cost of criminal prosecutions, the salaries of stipendiary and other paid magistrates, a portion of the salaries of judges, and all other expenses connected with the trial and prosecution of delinquents, and an annual total of expenditure is reached for the United Kingdom of more than seven and a half millions sterling. In addition to this enormous sum, it has also to he remembered that a great loss of property is annually entailed on the inhabitants of the three kingdoms by the depredations of the criminal cla.s.ses. The exact amount of this loss it is impossible to estimate, but, according to the figures in the police reports, it cannot fall short of a million sterling per annum.

These formidable figures afford ample food for reflection. Apart from its danger to the community, the annual loss of money which the existence of crime entails is a most serious consideration. It is equal to a tenth of the national expenditure, and every few years amounts to as much as the cost of a big European war. It is tempting to speculate on the admirable uses to which the capital consumed by crime might be devoted, if it were free for beneficent purposes. How easy it would be for many a scheme, which is now in the region of dreamland, to be immediately realised. Unhappily, it is almost as vain to look forward to the abolition of crime as it is to look forward to the cessation of war. At the present moment the latter event, however improbable, is more likely to happen than the former. War has ceased to be a normal condition of things in the comity of nations; it has become a transitory incident; but crime, which means war within the nation, is still far from being a pa.s.sing incident; on the contrary, a conflict between the forces of moral order and social anarchy is going on continually; and, at present, there is not the faintest prospect of its coming to an end.

What is the cause of this state of warfare within society? Which of the combatants is to blame? Or is the blame to be laid equally on the shoulders of both? In other words, are the conditions in which men live together in society of such a nature that crime is certain to flow from them; and is crime simply a reaction against the iniquity of existing social arrangements? Or, on the other hand, does crime spring from the individual and his cosmical surroundings; and is it the product of forces over which society has little or no control? These are questions which cannot be answered off-hand, they involve considerations of a most complicated character, and it is only after a careful examination of all the factors responsible for crime that a true solution can possibly be arrived at. These factors are divisible into three great categories-cosmical, social, and individual.[10] The cosmical factors of crime are climate and the variations of temperature; the social factors are the political, economic and moral conditions in the midst of which man lives as a member of society; the individual factors are a cla.s.s of attributes inherent in the individual, such as descent, s.e.x, age, bodily and mental characteristics. These factors, it will be seen, can easily be reduced to two, the organism and its environment; but it will be more convenient to consider them under the three-fold division which has just been mentioned. Before proceeding to do so, it may be as well to remark that in each case the several factors operate with different degrees of intensity. It is often extremely difficult to disentangle them; and the more complex the society is in which a crime takes place, the greater is the combination and intricacy of the causes leading up to it.

CHAPTER II.

CLIMATE AND CRIME.

Man's existence depends upon physical surroundings; these surroundings have exercised an immense influence in modifying his organism, in shaping his social development, in moulding his character. To enumerate all the external factors operating upon individual and social life is outside our present purpose, but they may be briefly summed up as climate, moisture, soil, the configuration of the earth's surface, and the nature of its products. These natural phenomena, either singly or in varying degrees of combination, have unquestionably played a most prominent part in making the different races of mankind what they at present are. We have only to look at the low type of life exhibited by the primitive inhabitants of certain inhospitable regions of the globe to see how profoundly the physical structure of man is affected by his natural surroundings. Even a comparatively slight difference of environment is not without effect upon the population subjected to its influence. According to M. de Quatref.a.ges, the bodily structure of the English race has been distinctly modified by residence in the United States of America. It is not more than two and a half centuries since Englishmen began to emigrate in any considerable numbers to the American Continent, but in that comparatively short period the Anglo-American has ceased to resemble his ancestors in physical appearance. Alterations have taken place in the skin, the hair, the neck, and the head; the lower jaw has become bigger; the bones of the arms and legs have lengthened, and the American of to-day requires a different kind of glove from the Englishman. Structural changes of a similar character have taken place in the negroes transplanted to America. M. Elisee Reclus considers that in a century and a half they have traversed a good quarter of the distance which separates them from the whites. Another important point, as showing the influence of habitat upon race, is the fact that the modifications of human structure resulting from residence in America are in the direction of a.s.similating the European type to that of the red man.[11] In short, it may be taken as a well-established principle that external nature destroys all organisms that cannot adapt themselves to its action, and physiologically modifies all organisms that can.

The social condition of mankind is also profoundly affected by climatic and other external circ.u.mstances. The intense cold of the Arctic and Antarctic regions is fatal to anything approaching a developed form of civilisation. Intense heat, on the other hand, although not incompatible with a certain degree of progress, is unfavourable to its permanence;[12] the extinct societies of the tropics, such as Cambodia, Mexico and Peru, affording instances of the operation of this law. It is impossible for man to get beyond the nomad state in the vast deserts of Northern Africa; and the extreme moisture of the atmosphere in other portions of the same continent puts an effectual check on anything like social advance. In some parts of the world social development has been hindered by external circ.u.mstances of another character, such as the want of wood, the scarcity of animals, the absence of edible fruits. In fact, it is only within a comparatively temperate zone that human society has been able permanently to a.s.sume highly complex forms and to build itself up on an extensive scale. In this zone, climate, while favouring man up to a certain point, has at the same time compelled him to eat bread in the sweat of his brow. It has compelled him to enter into conflict with natural obstacles, the result of which has been to call forth his powers of industry, of energy, of self-reliance, and to sharpen his intellectual faculties generally. In addition to exercising and strengthening these personal attributes, the climatic influences of what has been called the zone of civilisation have brought man's social characteristics more fully and elaborately into play. The nature of these influences has forced him to cooperate more or less closely with his fellows; while each step in the path of cooperation has involved him in another of a more complex kind. The growth of social cooperation is not necessarily accompanied by a corresponding development of the moral sentiments; increased cooperation in some cases involving a distinct ethical loss. In many directions, however, highly organised societies tend to evolve loftier types of morality; and it is in harmony with the facts to say that the highest moral types are not to be found where nature does most or where it does least in the way of providing food and shelter for man.

It is also interesting to observe the effect which climate, through the agency of religion, has had upon human conduct. One of the main factors in the origin of religion is the feeling of dependence upon nature so strongly manifested in all primitive forms of faith. The outcome of this feeling of dependence was to exalt the forces of nature into divinities, and man's conception of these divinities, shaped as it was by the att.i.tude of nature around him, had an incalculable influence on his life and actions. The remains of this influence are still visible in the aesthetic effects which the forces and operations of nature produce on civilised man; in all other respects it has to a large extent pa.s.sed away.[13]

We have now touched upon most of the ways in which external surroundings have had a hand in shaping the course of human life in the past; it will be our next business to inquire whether these surroundings have any effect upon human conduct at the present day, and especially upon those manifestations of conduct which are known as crimes. That they still have an effect is an opinion which has long been entertained.

Going back to the ancient Greeks, we find Hippocrates holding that all regions liable to violent changes of climate produced men of fierce, impetuous and stubborn disposition. ”In approaching southern countries,” says Montesquieu, ”one would believe that morality was being left behind; more ardent pa.s.sions multiply crimes; each tries to gain from others all the advantages which can minister to these pa.s.sions.” Buckle believes that the interruption of work caused by instability of climate leads to instability of character. In a.n.a.lysing the contents of French statistics, Quetelet,[14] while admitting that other causes may neutralise the action of climate, proceeds to say that the ”number of crimes against property relatively to the number of crimes against the person increases considerably as we advance towards the north.” Another eminent student of French criminal statistics, M. Tarde, comes to very much the same conclusions as Quetelet; he admits that a high temperature does exercise an indirect influence on the criminal pa.s.sions. But the most exhaustive investigations in this problem have been undertaken in Italy, by Signor Enrico Ferri. After a thorough examination of French judicial statistics for a series of years, Ferri arrives at the conclusion that a maximum of crimes against the person is reached in the hot months, while, on the other hand, crimes against property come to a climax in the winter.[15]

In testing these opinions respecting the influence of climate upon crime, we are obliged, to some extent, to have recourse to international statistics. But these statistics, as has already been pointed out, owing to the diversity of customs, laws, criminal procedure, and so on, do not easily admit of comparison. So much is this the case that we shall not make the attempt as far as these statistics have reference to crimes against property. In this field no satisfactory result can, at present be obtained. The same remark holds good in relation to all offences against the person, with the exception of homicide. This, undoubtedly, in an important exception; and it arises from the fact that there is a greater consensus of opinion among civilised communities respecting the gravity of homicide than exists with regard to any other form of crime. Murder in all its degrees is a crime which immediately causes a profound commotion; it is easy to recognise; it is more likely than any other offence to come to the ears of the authorities. For these reasons this crime lends itself most readily to international comparison; nevertheless, differences of judicial procedure, legal nomenclature, and different methods of cla.s.sification stand in the way of making the comparison absolutely accurate. These differences, however, are not so great as to render comparison impossible or worthless; on the contrary, the results of such a comparison are of exceptional value, and go a long way to determine the question of the effect of climate upon crimes of blood.

a.s.suming, then, with these reservations, that such a comparison can be inst.i.tuted, let us see to what extent murder, in the widest sense of the word, including wilful murder, manslaughter, and infanticide, prevails in the various countries of Europe. In ordinary circ.u.mstances this task would be a laborious one, entailing a minute and careful examination of the criminal statistics and procedure of many nations. Fortunately, it has recently been accomplished by Dr. Bosco in an admirable monograph communicated in the first instance to the Journal of the International Statistical Inst.i.tute, but now published in a separate form. Bosco's figures have all been taken from official sources, and may, therefore, be accepted as accurate; but, before tabulating-them, it may be useful to make an extract from the explanatory note by which they are accompanied. ”As the composition of the population, with respect to age, varies in different countries, and as it has to be remembered that all the population under ten years of age has no share, at least under normal conditions, in the crime of murder, it has seemed to me a more exact method to calculate the proportion of murders to the inhabitants who are over ten years of age, than to include the total population. For those States where a census has been recently taken, such, for instance, as France and Germany, the results of that census have been used; that is to say, the French census of May, 1886, and the German census of December, 1885. For the other States the population has been calculated (adding the excess of births over deaths to the results of the last census) to the end of the intermediate year for each period of years to which the information relates; that is to say, to the end of 1883 for Belgium, and to the end of 1884 for Austria, Hungary, Spain, England, Scotland and Ireland. As the information respecting Italy refers to 1887 only, the population has been estimated up to the end of that year. The division of the population according to age (above and below ten) has been obtained by means of proportional calculations based on the results of the census for each State. In the case of France and Germany, however, it has been taken directly from the census returns.”[16]

Homicides of all kinds in the following European States:-

Tried.Convicted.

Countries.Population over ten. Years. Annual averagePer 100,000 inhabitants.Annual averagePer 100,000 inhabitants.

Italy23,408,27718873,60615.402,80511.98 Austria17,199,2371883-66894.014992.90 France31,044,3701882-68472.735801.87 Belgium4,377,8131881-51323.021012.31 England19,898,0531882-63181.601510.76 Ireland3,854,5881882-61293.35541.40 Scotland2,841,9411882-6602.11210.74 Spain13,300,8391883-61,58411.911,0858.18 Hungary10,821,5581882-6 6255.78 Holland3,172,4641882-6351.10280.88 Germany35,278,7421882-65671.614761.35 What is the import of these statistics? We perceive at once that Italy, Spain and Hungary head the list in the proportion of murders to the population. In Italy, out of every 100,000 persons over ten years of age, eleven in round numbers are annually convicted of murder in one or other of its forms; in Spain eight are convicted of the same offence, and in Hungary five are convicted. These three countries are conspicuously ahead of all the others to which our table refers. Austria and Belgium follow at a long distance with two convictions in round numbers to every 100,000 inhabitants over ten. France, Ireland and Germany come next with one conviction and a considerable fraction to every 100,000 persons over ten; England, Scotland and Holland stand at the bottom of the list with between seven and eight persons convicted of murder to every one million of inhabitants over ten.

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