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Moral insensibility, which is decidedly more congenital than contracted, is either total or partial, and is displayed in criminals who inflict personal injuries, as much as in others, with a variety of symptoms which I have recorded elsewhere, and which are eventually reduced to these conditions of the moral sense in a large number of criminals--a lack of repugnance to the idea and execution of the offence, previous to its commission, and the absence of remorse after committing it.

Outside of these conditions of the moral sense, which is no special sentiment, but an expression of the entire moral constitution of the individual, as the temperament is of his physiological constitution, other sentiments, of selfishness or even of unselfishness, are not wanting in the majority of criminals. Hence arise many illusions for superficial observers of criminal life. But these latter sentiments are either excessive, as hate, cupidity, vanity and the like, and are thus stimulants to crime, or else, as with religion, love, honour, loyalty, and so on, they cease to be forces antagonistic to crime, because they have no foundation in a normal moral sense.

From this fundamental inferiority of sentiment there follows an inferiority of intelligence, which, however, does not exclude certain forms of craftiness, though it tends to inability to foresee the consequences of crime, far in excess of what is observed in the average members of the classes of society to which the several criminals belong.

Thus the psychology of the criminal is summed up in a defective resistance to criminal tendencies and temptations, due to that ill-balanced impulsiveness which characterises children and savages.

I have long been convinced, by my study of works on criminal anthropology, but especially by direct and continuous observation from a physiological or a psychological point of view of a large number of criminals, whether mad or of normal intelligence, that the data of criminal anthropology are not entirely applicable, in their complete and essential form, to all who commit crimes. They are to be confined to a certain number, who may be called congenital, incorrigible, and habitual criminals. But apart from these there is a class of occasional criminals, who do not exhibit, or who exhibit in slighter degrees, the anatomical, physiological, and psychological characteristics which constitute the type described by Lombroso as ``the criminal man.''

Before further defining these two main classes of criminals, in their natural and descriptive characterisation, I must add a positive demonstration, which can be attested under two distinct forms-- by the results of anthropological observation of criminals, and by statistics of relapse, and of the manifestations of crime which anthropologists have hitherto chiefly studied.

As for organic anomalies, as I cannot here treat

the whole matter in detail, I will simply reproduce from my study of homicide a summary of results for a single category of these anomalies, which a methodical observation of every class of criminals will carry further and render more precise, as Lombroso has already shown .

Homicides sentenced To penal To Imprisonment Soldiers servitude Persons in whom I detected No anomaly in the skull 11.9 p. c. 8.2 p. c. 37.2 p. c. One or two anomalies 47.2 '' 56.6 '' 51.8 '' Three or four anomalies 30.9 '' 32.6 '' 11 '' Five or six anomalies 6.7 '' 2.3 '' 0 '' Seven or more anomalies .3 '' .3 '' 0 ''

That is to say, men with normal skulls were three times as numerous amongst soldiers as they were amongst criminals; of men with a noteworthy number of anomalies occurring together , there were three times as many amongst criminals as amongst soldiers; and there was not one soldier amongst those who showed an extraordinary number .

This proves to demonstration not only the greater frequency of anomalous skulls amongst criminals, but also that amongst these criminals between fifty and sixty per cent. show very few anomalies, whilst about one-third of the whole number present a remarkable combination, and one-tenth are normal in this respect.

Amongst the statistical data exhibiting the primary characteristics of the majority of criminals, the data connected with relapsed criminals are especially conspicuous. Though relapses, like first offences, are partly due to social conditions, they also have a manifest biological cause, since, under the operation of the same penal system, there are some liberated prisoners who relapse and some who do not.

The statistics of relapse are unfortunately very difficult to collect, on account of differences in the legislation of different countries, and in the preparation of records, which, even under the more general adoption of anthropometrical identification, rarely succeed in preventing the use of fresh names by professional criminals. So that we may still say, in the words of one who is a very good judge in this matter, M. Yverns, not only that ``the Prisons Congress of London was compelled to leave various problems undecided for lack of documentary evidence, and especially the question of relapsed criminals,'' but also that to this day , ``we find varying results in different countries, the exact significance of which is not apparent.''

I have, however, published an essay on international statistics of relapsed criminals, from which I drew the following general conclusion: that even in prison statistics, which often give higher totals of relapsed cases than are given by judicial statistics, because they are more personal, and therefore less uncertain, we never obtain the full number of relapses, though the totals given vary from country to country, from district to district, and from prison to prison. It

would be impossible to state accurately what proportion the numbers given bear to the actual number; but I am justified in saying, from all the materials which I have collected and compared in the aforesaid essay, that the number of relapses in Europe is generally between 50 and 60 per cent., and certainly rather above than below this limit. Whilst the Italian statistics, for instance, give 14 per cent. of relapses amongst prisoners sentenced to penal servitude, I found by experience 37 per cent; out of 346 who admitted to me that they had relapsed; and, amongst those who had been sentenced to simple imprisonment, I found 60 per cent. out of 363, in place of the 33 per cent. recorded in the prison statistics. The difference may be due to the particular conditions of the prisons which I visited; but in any case it establishes the inadequacy of the official figures dealing with relapse.

After this statement of a general fact, which proves, as Lombroso and Espinas said, that ``the relapsed criminal is the rule rather than the exception,'' we can proceed to set down the special proportions of relapse for each particular crime, so as to obtain an indication of the forms of crime which are most frequently resorted to by habitual criminals.

For Italy I have found that the highest percentages of relapse are afforded by persons convicted of theft and petty larceny, forgery, rape, manslaughter, conspiracy, and, at the correctional courts, vagrancy and mendicity. The lowest percentages are amongst those convicted of assault and bodily harm, murders, and infanticide.

For France, where legal statistics are remarkably adapted for the most minute inquiry, I have drawn up the following table of statistics from the lists of persons convicted at the assize courts and correctional tribunals, taking an average of the years 1877-81, which is not sensibly affected by the results of succeeding years.

It will be seen that the average of relapses for crimes against the person is higher than the average for the most serious cases of murderous and indecent assault, which are clearly an outcome of the most anti-social tendencies . Thus homicide and fatal wounding, though relapse is very frequent in these cases, still display a less abnormal and more occasional character by their lower position in the table, as shown in the cases of infanticide, concealment of birth, and abandonment of infants. As for the very frequent occurrence of relapse in special crimes, such as assaults on officials and resistance to authority, which rarely come before the assize courts--though even there they tend to support the higher numbers in the tribunals--these are offences which may also be committed by criminals of every kind, and which, moreover, depend in some measure on the social factor of police organisation, and frequently on the psycho-pathological state of particular individuals.

The somewhat rare occurrence of relapse in such a grave type of murder as poisoning is noteworthy. But this is only an effect of the special psychology of these criminals, as I have explained elsewhere.

FRANCE--CASES OF RELAPSE, 1877-81.

Amongst crimes against property, the most frequent relapses are found in the case of thieves . The same thing is observed in regard to forgers of commercial documents and to fraudulent bankrupts, who are partly drawn into crime under the stress of personal or general crises. And the infrequency of relapse amongst postal employees condemned for embezzlement, and amongst customs officers who have been guilty of smuggling, is only a further confirmation of the inducement to crime by the opportunities met with in each case, rather than by personal tendencies.

Amongst minor offences, apart from that evasion of supervision which is no more than a legal condition, there are, both in France and in Italy, very frequent cases of relapse by vagabonds and mendicants, which is a consequence of social environment, as well as of the feeble organisation of the individuals. Other relapses above the average, included amongst these offences, constitute a sort of accessory criminality, existing side by side with the habitual criminality of thieves, murderers, and the like, such as drunkenness, attacks on public functionaries, infractions of the regulations of domicile, &c.

In thefts and resistance to authorities, relapse is less frequent here than in the assize courts, for in the majority of these minor offences, in their general forms, there is a greater number of occasional offences, as is also the case with bankruptcies, defamation,

abuse, rural offences, &c., which demonstrate their more occasional character by their very low figures.

Hence the statistics of general and specific relapse indirectly confirm the fact that criminals, as a whole, have no uniform anthropological type; and that the bio-psychical types and anomalies belong more especially to the category of habitual criminals and those born into the criminal class, who, after all, are the only ones hitherto studied by criminal anthropologists.

What, then, is the numerical proportion of habitual criminals to the aggregate number of criminals?

In the absence of direct inquiry, it is possible to get at this proportion indirectly, from facts of two kinds. In the first place, a study of the works on criminal anthropology supplies us with an approximate figure, since the biological characteristics united in individuals, in sufficient number to create a criminal type, are met with in between forty and fifty per cent. of the total.

And this conclusion may be confirmed by other data of criminal statistics.

Whilst the statistics of relapse give us a very limited number of crimes and offences committed by born and habitual criminals, science and criminal legislation give us a far more extended classification.

Ellero reckoned in the penal code of the German Empire 203 crimes and offences; and I find that the Italian code of 1859 enumerates about 180, the new code about 200, and the French penal code about 150. Thus the kind of crimes of habitual criminals

would only be about one-tenth of the complete legal classification of crimes and offences.

It is easy indeed to suppose that born and habitual criminals do not generally commit political crimes and offences, nor offences connected with the press, nor against freedom of worship, nor in corruption of public functionaries, nor misuse of title or authority; nor calumny, making false attestations or false reports; nor adultery, incest, or abduction of minors; nor infanticide, abortion, or palming of children; nor betrayal of professional secrets; nor bankruptcy offences, nor damage to property, nor violation of domicile, nor illegal arrests, nor duels, nor defamation, nor abuse. I say generally; for, as there are occasional criminals who commit the offences characteristic of habitual criminality, such as homicides, robberies, rapes, &c., so there are born criminals who sometimes commit crimes out of their ordinary course.

It is now necessary to add a few statistical data in respect of the classification of crime, which I take, like the others, from the essay already mentioned.

ITALY. FRANCE. BELGIUM.

HABITUAL CRIMINALITY are the more numerous. Thus, out of the total of 38 per cent. in Italy, 32 belong to the tribunals and 6 to the assizes; out of 35 per cent in France, 33 belong to the tribunals and 2 to the assizes; and out of 30 per cent. in Belgium, 29 belong to the tribunals and 1 to the assizes. This also is partly accounted for by legislative distinctions as to the respective jurisdictions of these courts.

As to the particulars of the totals, it is found that thefts are the most numerous types in Italy , in France , in Belgium , and in Prussia .

Starke, ``Verbrechen und Verbrecher in Preussen,'' Berlin, 1884, p. 92.

After theft, the most numerous in Italy are vagrancy , homicides , swindling , forgery , rape , conspiracy , and incendiarism .

In France and Belgium we find the same relative frequency of vagrancy and swindling; but homicide, incendiarism, and conspiracy are less frequent, whilst rape is more common in France and in Belgium .

Such then are the most frequent forms of habitual criminality in the generality of condemned persons; and it will be useful now to contrast the more frequent forms of occasional criminality. For Italy the only judicial statistics which are valuable for detailed inquiry are those of 1863, 1869-72. For France, every volume of the admirable series of criminal statistics may be utilised.

It will be seen that the frequency of these occasional crimes and offences in Italy and in France is very variable, though assaults and wounding, resistance to authorities, damage, defamation and abuse, are the most numerous in both countries.

The proportion of each offence to the total also varies considerably, not only through a difference of legislation between Italy and France in regard to poaching, drunkenness, frauds on refreshment-house keepers, and so forth, but also by reason of the different condition of individuals and of society in the two countries. Thus assaults and wounding, which in Italy comprise 23 per cent. of the total of convictions, reach in France no more than 14 per cent., whilst resistance to the authorities, &c., which

Devastation of crops, destruction of fences. Unauthorised gaming houses; secret lotteries. An exceptional figure, owing to 528 convictions in 1863, whilst the average of the other years was nine convictions. Electoral offences.

are 4 per cent. in Italy, touch 9 per cent in France. Sexual crimes and offences , such as abortion, adultery, indecent assaults, and incitement to immorality, which in Italy present very small and negligible figures, are more frequent in France. Whilst the illegal carrying of arms, threats, false witness, escape from detention, violations of domicile, calumny, are of greater frequency in Italy than in France, the contrary is true of bankruptcy offences, political and press crimes and offences, on account of a manifest difference of the moral, economic, and social conditions of the two countries, which are plainly discernible behind these apparently dry figures.

In addition to this demonstration, we have given anthropological and statistical proofs of the fundamental distinction between habitual and occasional criminals, which had been pointed out by many observers, but which had hitherto remained a simple assertion without manifest consequences.

This same distinction ought to be not only the basis of all sociological theory concerning crime, but also a point of departure for other distinctions more precise and complete, which I set forth in my previous studies on criminals, and which were subsequently reproduced, with more or less of assent, by all criminal sociologists.

In the first place, it is necessary to distinguish, amongst habitual criminals, those who present a conspicuous and clinical form of mental aberration, which accounts for their anti-social activity.

In the second place, amongst habitual criminals who are not of unsound mind, however little the inmates of prisons may have been observed with adequate ideas and experience, there is a clear indication of a class of individuals, physically or mentally abnormal, induced to crime by inborn tendencies, which are manifest from their birth, and accompanied by symptoms of extreme moral insensibility. Side by side with these, another class challenges attention, of individuals who have also been criminals from childhood, and who continue to be so, but who are in a special degree a product of physical and social environment, which has persistently driven them into the criminal life, by their abandonment before and after the first offence, and which, especially in the great towns, is very often forced upon them by the actual incitement of their parents.

Amongst occasional criminals, again, a special category is created by a kind of exaggeration of the characteristics, mainly psychological, of the type itself. In the case of all occasional criminals, the crime is brought about rather by the effects of environment than by the active tendencies of the individual; but whilst in most of these individuals the deciding cause is only a circumstance affecting all alike, with a few it is an exceptional constraint of passion, a sort of psychological tempest, which drives them into crime.

Thus, then, the entire body of criminals may be classed in five categories, which as early as 1880 I described as criminal madmen, born criminals,

criminals by contracted habits, occasional criminals, and criminals of passion.

As already observed, criminal anthropology will not finally establish itself until it has been developed by biological, psychological, and statistical monographs on each of these categories, in such a manner as to present their anthropological characteristics with greater precision than they have hitherto attained. So far, observers continue to give us the same characteristics for a large aggregate of criminals, classifying them according to the form of their crime rather than according to their bio-social type. In Lombroso's work, for instance, or in that of Marro , the characteristics are stated for a total, or for legal categories of criminals, such as murderers, thieves, forgers, and so on, which include born criminals, occasional and habitual criminals, and madmen. The result is a certain measure of inconsistency, according to the predominance of one type or the other in the aggregate of criminals under observation. This also contributes to render the conclusions of criminal anthropology less evident.

Nevertheless, we may sum up the inquiries which have been made up to the present time; and in particular we may now point out the general characteristics of the five classes of criminals, in accordance with my personal experience in the observation of criminals. It is to be hoped that successive observations of a more methodical kind will gradually reinforce the accuracy of this classification of symptoms.

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