Footnotes
[[1]]
See Appendix I.
[[2]]
In his interesting work, "Die Beziehungen zwischen Geistesstörung und Verbrechen," Dr. Sander shows that out of a hundred insane persons brought up for trial, the judges only discovered the mental state of from twenty-six to twenty-eight per cent. of them.
[[3]]
Before the passing of the Elementary Education Act, no one was tried for not sending his child to school; it was not a legal offence; in 1888-9 no less than 80,519 persons were tried under this Act, in England and Wales.
[[4]]
Recent Economic Changes, p. 345.
[[5]]
Zeitschrift für die gesamte Strafrechtswissenschaft ix. 472, sg.
[[6]]
See Statistical Register for Victoria, Part viii.
[[7]]
SERIOUS CASES REPORTED TO THE POLICE IN PROPORTION TO THE POPULATION. ANNUAL AVERAGE FOR FIVE YEARS:—
Murder. Attempts to Murder. Manslaughter
1870-74 1 to 196,946 1 to 441,158 1 to 92,756
1884-88 1 to 168,897 1 to 418,923 1 to 116,463
Shooting, Stabbing, &c. Burglary. Housebreaking.
1870-74 1 to 35,033 1 to 10,188 1 to 17,538
1884-88 1 to 38,007 1 to 7,892 1 to 11,911
Robbery. Arson.
1870-74 1 to 43,247 1 to 54,075
1884-88 1 to 70,767 1 to 77,018
This table shows that since 1870-74 there has been an increase in murder, attempts to murder, burglary, and housebreaking, and a decrease in manslaughter, robbery, and arson. The decrease in shooting, stabbing, wounding, &c., is very small. (Cf. Judicial Statistics for 1874 and 1888, p. xvi.)
[[8]]
See Appendix II.
[[9]]
American Prisons, 1888.
[[10]]
Cf. E. Ferri. I Nuovi Orizzonti del Diritto e della Procedura Penale.
[[11]]
The various types of Jews also afford a striking instance of the effect of natural surroundings on bodily structure.
[[12]]
Ratzel. Völkerkunde, i. 20.
[[13]]
Darwin says that in elaborating his theory of Natural Selection he attributed too little to external surroundings. Life and Letters.
[[14]]
Physique Sociale, ii. 282.
[[15]]
Zeitschrift für Strafrechtswissenschaft, ii., 486.
[[16]]
Gli omicidii in alcuni stati d'Europa. Appunti di statistica comparata del Dr A. Bosco, 1889.
[[17]]
For the high percentage of infanticide in England see the evidence given before the House of Lords last July (1890) by Judges Day and Wills.
[[18]]
DISTRIBUTION OF SUICIDES IN LONDON BY MONTHS OF EQUAL LENGTH PER 10,000, 1865-84:—
January, 732. July, 905.
February, 714. August, 891.
March, 840. September, 705.
April, 933. October, 772.
May, 1003. November, 726.
June, 1022. December, 697.
Dr. Ogle, vol. xlix., 117. Statistical Society's Journal.
[[19]]
Cf. L'Etat Moderne et ses Functions par Paul Leroy Beaulieu, p. 300. See also Mr. J.C. Sherrard's letter to the Times of January 8th, 1891, on "Tramps."
[[20]]
Cf. Conrad's Handwörterbuch der Staatswissenschaften, i. 928.
[[21]]
A case was tried in London a short time ago which illustrates the difficulties in the way of poor people, so far as the attendance of witnesses is concerned. In this case the witness appeared five successive days in court waiting for the trial to come on. Not being paid by the defendant, this witness was unable to appear the sixth day. On that day the case was at last called, the prisoner had now no witness and was, of course, convicted.
[[22]]
See Appendix, iii.
[[23]]
Scotch statistics are in harmony with English. For the year ended March, 1890, the number of ordinary prisoners in custody in Scotland was lowest in December, January and February. It was highest in July, August, September. Crime was also highest when pauperism was lowest. See 12th Report of Scottish Prison Commissioners.
[[24]]
Revue Scientifique, September 13, 1890.
[[25]]
Principles of Economics, p. 81.
[[26]]
In 1889-90 the recommitted males were 44.3 per cent. of the total number of males committed (exclusive of debtors and naval and military offenders); the recommitted females 65.8 per cent. of the total number of females committed exclusive of debtors.
[[27]]
According to prison statistics of the Greek Government for 1889, out of a total prison population of 5,023 only 50 were women. See Revista de Discipline Carcerarie, Nov. 30th, 1890, page 667.
[[28]]
Reformatory and Refuge Journal, July, 1890.
[[29]]
Ages and proportion per cent. of males and females committed in 1889-90.
Ages Males Females
Under 12 years 0.2 0.0
12 years and under 16 3.1 1.1
16 years and under 21 17.5 10.7
21 years and under 30 28.4 31.4
30 years and under 40 23.9 28.6
40 years and under 50 14.2 17.5
50 years and under 60 6.4 6.8
60 years and above 6.2 3.8
Age not ascertained 0.1 0.1
[[30]]
In 1889 there is a slight decrease.
[[31]]
Ages at which 507 offenders first began to commit crime—
Under 10 1.5 41 to 45 2.1
11 to 15 17.0 46 to 50 2.3
16 to 20 36.1 51 to 55 2.1
21 to 25 20.1 56 to 60 .8
26 to 30 7.1 61 to 65 .8
31 to 35 5.1 66 to 70 .2
36 to 40 3.6
Marro. I Caratteri dei delinquente. Studio antropologico-sociologico, p. 356.
[[32]]
India by Sir John Strachey, pp. 292-3.
[[33]]
Cf. Tarde Philosophie Penale, p. 467.
[[34]]
See Revista Internacional de Anthropologia Criminal y Ciencias Medico-Legales, Marzo e April de 1890.
[[35]]
A masterly article on the "Localisation of Brain Functions" will be found in Wundt's Philosophische Studien Sechster Band, 1. Heft Zur Frage der Localisation der Grosshirnfunctionen, Von W. Wundt. Compare also The Croonian Lectures on Cerebral Localisation, by David Ferrier. London: 1890.
[[36]]
Marro, I Caratteri dei Delinquenti, p. 157.
[[37]]
Archives d'anthropologie criminelle Livraison, 10.
[[38]]
L'Homme Criminel, 324.
[[39]]
Le Crime, 193.
[[40]]
Daily News, June 12, 1890.
[[41]]
Journal of Mental Science, vol. xvi.
[[42]]
Die Continuität des Keimplasma als Grundlage einer Theorie der Vererbung. A. Weismann. Jena, 1885. Natural Inheritance. F. Galton.
[[43]]
In Christiania the number of children who cannot learn amounts in the elementary schools to 4 per 1000. See Reformatory and Refuge Journal for August, 1890.
[[44]]
Cf. Ribot, Les Maladies de la Volonté, 1887.
[[45]]
Sanity and Insanity. C. Mercier, p. XII.
[[46]]
Lehrbuch der Gefängnishunde von K. Krohne Strafanstalts-director, pp. 534-6.
[[47]]
Revue des Deux-Mondes, Avril, 15, 1887.
[[48]]
At a recent meeting of the Statistical Society, Mr. Murray Browne gave some interesting information respecting the work of Prisoners' Aid Societies among habitual offenders. "A question," he said, "had been addressed to all Discharged Prisoners' Aid Societies asking what was their experience with regard to prisoners who had been four times arrested but not sentenced to penal servitude, and had been arrested during a given period, say a year. How many of them has turned out (a) satisfactory, (b) unsatisfactory, (c) re-convicted? Detailed replies were received from fifteen different societies, not all working in the same way, or with the same machinery, giving a total of 253 such cases. Of these only 95 were reported as satisfactory, 55 were reported as unsatisfactory, 66 were re-convicted, 37 being unknown or unaccounted for."
[[49]]
De Augmentis VIII. Aphorism 40.