A Plea for the Criminal

t to understand what we mean by the word "Crime,"

rmity 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 ar

nature is not sufficient in itself, and its realisation cannot be accomplished until it is brought into complete subordination to the higher or spiritual nature. The function of this spiritual nature is to subordinate the animal nature by harmonising and controlling it, and it finds its partial realisa

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

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 ou

riminal, an immoral basis underlies all causes, and without this they would each and all be impotent. Som

dity), bad domestic and social conditions, alc

even affirming that from the moment of conception a child's character may be determ

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? Ca

nce, 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

ccord 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 fa

eneral. 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 insta

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 satisfac

ho is the victim of a transmitted taint is without doubt a dipsomaniac and not an alcoholic. He is insane. It may not be an incurable form of insanity; nor need it be a very acute form; but insanity it is, and therefore he cannot be called an immoral man because he drinks, although he is guilty of immoral conduct. Heredity has not invaded the moral sphere. It has given the man a diseased nervous system, which, while weakening his will, has not perverted it. Thus it is seen then that if any effort is to be made for the reform of the dipsomaniac, the direct influence of heredity must be overcome by a course of treatment which would be addressed to the nervous system. Treatment which shall draw out the alcoholic poison and which shall quicken and invigorate the nerve centres. When the influence of heredity is discovered to be restricted within these limits, the case of the hereditary dipsomaniac becomes far less hopeless than it appeared at first sight, and it is for this reason that

fe, 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 thoug

ited? 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 wer

d 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, sexu

re-assume control and subject the passion to control. The influence of heredity is here also confined to the nervous system. That is, the direct influence, the influence which was first felt and before it received any support which the mind of the victim may give it. The cases of hereditary suicides, murderers and assassins afford a very large field for investigation, and we cannot do more than suggest some causes which seem to give strong evidence of their existence. These causes if their existence b

if added to this, there is presented the example of a suicide very near at home, the impulse is undoubtedly strengthened. The whole chain of circumstances seem to direct the vision upon the rash act of the friend or relative, until at last the vision becomes fascinating, and the act is imitated. To use a concise expression one may call this the "hypnotic power of circumstances." It is not an absolute cause in itself; but, strictly speaking, may we call any cause absolute? It is not a cause which would influence a man of strong will or of sound morality. But a sentimental person, one of morbid ideas, weak will, or overcome by the thought of detection, or the fear of misfortune, might easily fall a victim to its influences. It will not account for all the cases of hereditary suicide, for a mental disease may be transmitted which would account for the suicide of both father and son or whatever the combination may be. It, however, does account, w

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 it, made up his mind, changed it again, and finally the influence became supreme for a moment, and he fired the fatal shot. Throughout the day, he very probably t

n 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 thems

It is a different influence to imitation, although its first result is the same, viz: the lowering of the moral idea. But crimes where the act is the imitation of another person's act are generally committed from the desire to become notorious and to be the centre of observation. The spirit of vanity, very strong in the low type, is appealed to and aroused. Or perhaps, the example of another's crime affords a suggestion for the method of accomplishing a certain desired end. On the other hand, the ancestral example, after having broken down the moral barrier depends entirely upon its power to fascinate. Those of weak will or guilty conscience, alone succumb to its influence. If we c

illed 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 an ancestry. The expression plays such an important part in the moulding of the countenance, that of two brothers very much alike in youth, one, afterwards given to crime, will still retain his resemblance to his brother; but will display the criminal type as well. It is thus that we have the different types in murderers, assassins, thieves, swindlers and sensualists. They are all criminal or vicious but their forms of criminality and vice are so diverse that a different expression results from the different kinds of thought passing through their minds. In their theories, few people

s theory that the criminal is born and not made is based upon the exploded science of phrenology, and declares that all the anatomical distinctions and physicological characte

bnormal persons possessing these peculiarities. In

men Crimi

eads 8 per cen

jaws 9 per ce

bones 14 per ce

ses 30 p

rs 6 per cent

er cent. Thiev

table showing the peculiarities of the ears of 24

l Cri

l ear 65 per ce

12 per cent.

nged to lobe 8.2 per

s 3.1 per cent

elix 11.5 per ce

cle 3 per cent

rists notice diff

en that it is not the rule. Manouvrier declares that the man possessed of characteristics the very opposite of Lombroso's criminal, if subjected to the conditions, influences, and temptations, which lead to crime would as likely commit crime as he who possessed all the characteristics w

. Lombroso insists that there must be an inherited tendency, Manouvrier insists that there must be environment. As in the case of tubercular persons (of tubercular ancestry) these two causes are complementary, may it not be also the case with criminals of criminal ancestry? The INHERITED IMMORAL IDEA seems to be really what Manouvrier rejects. A vicious conception of life which makes the man inevitably, incurably, and irresistibly a criminal, is apparently the interpretation he puts on Lombroso's theory. But from Lombroso's works and speeches, the interpretation does not appear to be at all a necessary one. The transmission of a disordered nervous system with i

which are often confused with it and when separated from it reduce the popular estimate of its influence to the scientific one, which is considerably the

here 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 c

. Arthur MacDonald, one of the leading criminologists of to-day:-"There is no proof of any scient

and the younger sons to vagabondage. There was indeed a proportion of honest and industrious persons among them. Of the women 52 per cent. were prostitutes. That a proportion of honest men among the sons, and a fair number of virtuous women among the daughters is recorded, clearly

aids. 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

minal 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 fr

derstand bad homes, bad associati

47 per cent. came from good homes and 37.4 per cent. from fair homes. Of the character of the men's associations, 56.

hould rather be directed to ascertain what constitutes a bad environment and what are the causes that produce it. It should also seek to discover by what means its evil influence may be checked and how to eradicate these influences when present. The attitude of our law-courts towards the criminal is practically this:

aving 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 President? Since the age of seven years I have been found only on the streets of Paris. I have never met anyone who was interested in me. When a child, I was abandoned to every vicissitude-and I am lost. I have alway

ten 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 aba

l 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 ama

removed from cattle yards, will be, in this cou

nfluence 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

murders, robberies, swindlings, etc., will not touch alcohol until their crime has been completed and th

f alcohol. In the higher courts, for the same reason, criminals often feign insanity, and in not a few of such cases they become their own dupes by actually losing the possession of their senses. Drunkenness and crime go together, although the increase in the consumption of a

e. 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 pang

n nearly 36 per cent, was a drun

nature of the case, never be possible; but this much is certain, that EVERY

nal leads him, as far as his courage will permit, to imitate the most daring deeds in crime. The witnessing of executions and reading the accounts of fictitious and real crimes often leads many into crime. As a deterrent to crime, it was once the custom in England to conduct executions in public. Lombroso records it as being his conviction that such publicity does, by the law of imitation, lead more into crime than it turns from it. This he considers is one of the most powerful arguments in favour of abolishing the death penalty. Out of 167 persons condemned to death in England, 164 had been present at executions. The reading of sensational novels or the descriptive accounts of great crimes has a most alarming effect upon those who are of an impressionable nature. These persons are to themselves the heroes of an imaginary world. They will put on an air of bravado, adopt a "swagger" style of attire, carry sharp knives and pose before their companions as dare-devils. If not sufficiently courageous to perform dee

f 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 de

will unquestionably prove abortive unless a much stricter censorship is exercised over the publication of