III. CRIMINAL STATISTICS
In its effort to secure information regarding Negro crime the Commission sought the only available records kept of all crimes—the police records, especially the annual report of the Department of Police. On examination these records were found to be of questionable value for any accurate presentation of Negro crime, or, in fact, of general crime. In 1913 the City Council Committee on Crime made a study of crimes in Chicago and encountered the same difficulty. Says the report of this Committee: "The police and criminal judicial statistics in Chicago are wholly incomplete and are not even assembled or published by any authority." Further commenting on this inadequacy, it says:
Unfortunately, there is in Illinois no central bureau of criminal statistics through which statistics from the police department, the courts, the jails, prisons, and the probation department are collected and correlated. A state bureau of criminal statistics does exist on our statute books, for, by a law approved June 11, 1912, the State Charities Commission was directed to establish such a bureau with the secretary of the Commission as director in charge. This proposed bureau was charged with the duty of collecting and publishing annually the statistics of Illinois relating to crime, and all courts of Illinois, police magistrates, justices of the peace, clerks of all courts of record, sheriffs, keepers of all places of detention for crime or misdemeanors or violations of the criminal statutes are to "furnish said bureau annually such information on request as it may require in compiling such statistics." Up to the present time, however, owing chiefly to the fact that no appropriation has been made to cover the expenses of this work, no steps have been taken by the executive secretary of the Commission towards putting this law into effect. Moreover, there has never been in Chicago any attempt at an annual "stock-taking" in which the statistics furnished by the various departments and agencies dealing with the problem of crime might be brought together and examined with the hope of determining how far the problem is being adequately met.
Because there has been no systematic handling of criminal statistics, no method has been developed for accurately measuring the prevalence of crime. The Crime Commission expressed its difficulty here in this manner:
It is very important to note that the number of arrests is not synonymous with number of crimes, among others reasons because (1) a large number of persons may be arrested for complicity in a single crime; (2) many innocent persons are arrested through misapprehension and later discharged; and (3) the vast majority of arrests are for petty offenses that are not serious enough to be called "crimes" at all. Some consideration should be given to the question of "new crime." When laws are passed creating new offenses, there may be an increase in arrests without any corresponding increase in criminality. As a matter of fact, however, the new offenses are chiefly those involving misdemeanors and violations of ordinances. New felonies are rarely created. In Chicago the police classification does, however, include two new offenses improperly classed as felonies, "contributing to delinquency" and "pandering."
To the difficulties experienced by the City Council Crime Committee in determining the extent of general crime may be added the even greater difficulty of comparing the crime record of Negroes with that of other racial groups. The sources of the police statistics are the bookings by the desk sergeant in the police station. These are taken from arrest slip notations made by police-station desk sergeants, before whom persons arrested are brought. The ability of these desk sergeants correctly to ascertain the prisoner's race or nationality is open to question. Reports from the Immigrants' Protective League show that the foreigners arrested are often given wrong racial designations. On the other hand the classification of Negroes, even of half blood, is never in doubt. This fact should be remembered in interpreting the figures, for the Negro will be debited with all the crimes he commits, while figures for other groups will probably not indicate the full extent of their criminality. Added to this is the disposition, conscious or unconscious, to arrest Negroes more freely than whites, to book them on more serious charges, to convict them more readily, and to give them longer sentences.
This bias does not appear in the bare figures, which thus seem to substantiate the already existing belief that Negroes are more criminal than other racial groups. An example of this is found in the bookings in murder cases. For the six-year period 1914-19 inclusive, 1,121 whites and 193 Negroes were booked for murder, while 501 whites and only twenty-one Negroes were booked for manslaughter. While Negroes were charged with 17.1 per cent of the murders, they were charged with only 4.1 per cent of the cases of manslaughter. This, of course, takes into account bookings before trial. On the other hand, according to the testimony, they are more easily convicted on the charges on which they are booked. This fact introduces another element in the figures, which, although not representing the actual criminality of Negroes, yet gives plausibility to records. These situations presented such obvious dangers that the Commission considered it best to avoid giving currency to figures which carried such clear evidence of their own inaccuracy and misrepresentation. Since it is necessary to employ some of these figures despite their inaccuracies, the effort has been made to use them only where clear comparisons are possible.
The Commission is aware that statistics have been prepared giving the relative crime rates of different national groups, and has inquired into the sources of such statistics. In one case, for example, population estimates were based on 1910 census figures, arbitrarily increased by one-third. But when the abnormal situation with respect to immigration caused by the war, to mention only one important disturbing factor, is taken into consideration, it will be appreciated that any estimate is of doubtful value for careful calculation.
After much study and experimentation, and particularly after the counsel of statistical authorities had been obtained, the Commission's plan to work out comparative racial crime tables was abandoned.
Aside from the striking discrepancies between the crime figures of the Police Department and those of the Chicago Crime Commission, it is doubtful whether a reliable index to Negro crime as a separate item could be obtained even if the police figures showed the whole, instead of one-fifth or one-half, of the crimes committed.[45]
It was brought out in the testimony of judges and other authorities that Negroes are more easily identified and more likely to be arrested, and it is reasonably certain that a smaller proportion of Negroes who commit crimes escape than whites. But there is absolutely no means of determining what proportion of crime unrecorded by the police or other authorities is committed by whites or Negroes.
Adequate comparison of criminal statistics requires at least comparable units. This is rarely taken into account in comparing Negro and white crime. For example: a true comparison of relative crime rates between the two groups would require that the age distribution in each should be the same. For, although the population figures include children, women, and old persons, the greatest proportion of crimes is committed by persons within what is known to criminologists as the "violent ages," or between eighteen and thirty. If the population is overbalanced in these ages the crime rate will be exaggerated. Such an overbalance exists in the Negro population because of the migration to Chicago of more than 50,000 Negroes, mainly adults. Besides, a greater proportion of these adults were men without families, another factor known to overweight crime figures. It is a curious fact, however, that, although the Negro population of Chicago increased from 2.1 per cent of the total in 1914 to 4.5 per cent in 1919, an increase of more than 100 per cent, the Negro crime rate during the same period increased 50 per cent, or less than half as rapidly as the Negro population.
The court cases studied intensively by the Commission show that the majority of Negro criminals are recruited from the lowest economic class of the Negro group. The frequency with which these persons are taken to the Bureau of Identification; their inability to provide bonds; their lack of means to employ attorneys, and their commitment on account of inability to pay fines, all tend to emphasize the relation between poverty and crime. The economic factors, as well as the actual commission of crime, determine largely the size of groups eligible for arrest and conviction. For example, laborers are likely to contribute more crimes proportionate to the total than salaried men, and salaried men more than professional men. The proportion of white laboring men to the total white population is considerably smaller than the proportion of Negro laboring men to the total Negro population. As a consequence, the "eligibles" for arrest and conviction are fewer in the white group than in the Negro group.
The reports of the City Council Committee on Crime, known as the "Merriam Report," and of the Chicago Vice Commission, both indicate that the economic factor is an important cause of both vice and crime. The following is from the Vice Commission report:
Among the reasons why women or girls enter the life of prostitution, the economic question plays a more or less conspicuous part. The low wages paid, the long hours of standing, insanitary conditions under which girls work in factories—all these have a powerful effect on a woman's or girl's nerves or physical force.
First among these causes [for prostitution] should be named unfavorable home conditions.... Often when the home is not entirely degraded there are conditions of crowding and poverty which lead to misfortune. Working all day, the girls are often obliged to work at home in the evening, and if they live in a crowded house they must go on the street to receive their friends. They are thus practically forced on the streets for social life.
Among the economic conditions contributing to the social evil are the following: low wages, insanitary conditions, too long hours and high pressure of work; the over-crowding of houses upon lots; of families in the house, and of persons in single rooms.
The Merriam report similarly said:
The pressure of economic conditions has an enormous influence in producing certain types of crime. Unsanitary housing and working conditions, unemployment, wages inadequate to maintain a human standard of living, inevitably produce the crushed or distorted bodies and minds from which the army of crime is recruited. The crime problem is not merely a question of police and courts; it leads to the broader problem of public sanitation, education, home care, living wages and industrial democracy.
The greater liability of Negroes to unemployment introduces another factor. A plant official told the Commission that his plant had dismissed more than 500 Negro girls for business reasons. These girls, it was stated, could not easily find re-employment and were therefore probably exposed to certain necessities and temptations from which white girls of comparable status are exempt.
Ratio of convictions to arrest.—Police statistics of the relation of convictions to arrests do not involve the question of faulty source and bias and can therefore be used. They show that Negro defendants are more frequently convicted than whites, and this difference is even more pronounced in the more serious crimes. This excess ranged from 3 to 8 per cent during the period 1914-19.
The Negro and sex crimes.—Examination of the records of sex offenders brought into the criminal court in the two-year period 1917-18 showed a total of 253, of whom thirty-two, or 12.6 per cent, were Negroes. This was lower than the Negro rate, according to police statistics, for felonies in general. The sex offenses of Negroes were committed for the most part only against Negroes, and the specific charges were rape, attempted rape, accessory to rape, crimes against children, indecent liberties, contributing to delinquency, incest, adultery, murder by abortion, bigamy, crimes against nature, seduction, and bastardy. Of crimes against children two out of forty-six were committed by Negroes, or about 5 per cent, substantially the proportion of Negroes to the total population. The figures, however, are not a reliable index either for white or Negro crime because they include only cases passing through the social-service department of the criminal court.