Sociology and Modern Social Problems

by Charles A. Ellwood

These three arguments may be considered to be conclusive proof that criminality is in some cases a manifestation of physiological degeneracy; but they do not show that the bulk of criminals come from physiologically degenerate stocks. On the contrary it is highly probable that the marks of physiological degeneracy are not to be seen in from more than 25 to 30 per cent of our criminal class. These marks of degeneracy are of course especially common among the instinctive or born criminals, and to some extent they are found among the habitual criminals also.

The Influence of Heredity on Crime. A word must be said about the influence of heredity on crime. The student will remember that, according to the modern theory of heredity, acquired characters, or characteristics, are not transmissible. Accordingly, when we find crime running in a family for generations, as in the Jukes or Zero families, we must assume either that the criminal tendency is transmitted by the social environment or that it is due to some congenital variation in some ancestor. In other words, if a person is a criminal by hereditary defect, if the criminal tendency is born in him, as it is in the instinctive criminal, he will transmit the tendency toward crime to his offspring; but if a normal person becomes a criminal by acquired habit he will transmit no tendency toward crime to his children, although his children may of course acquire the tendency from their social environment.

This is not saying, however, that in such cases as habitual drunkenness and habitual vice an impaired constitution may not be transmitted to offspring. But this, strictly speaking, is not the transmission of any specific acquired characteristic, but only a general transmission of impaired vitality which may show itself in crime and in various forms of degeneracy. The germ cells are of course a part of the body, and anything that profoundly impairs the nutrition of the body generally, such as alcoholism and constitutional diseases, would also impair the nutrition of the germ cells, and result in a weakened constitution in offspring.

Lombroso's Theory of Crime. Lombroso, and the Italian school of criminologists generally, attribute crime chiefly to atavism, that is, reversion to primitive types. They claim that the criminal in modern society is merely a biological reversion to the savage type of man; that the criminal constitutes therefore a distinct "anthropological variety"; and that there is a marked "criminal type" which can be made out even before a person has committed a crime. They say further that the criminal type is marked physically by having five or more of the stigmata of degeneration, and that it is marked mentally by having the characteristics of the savage or nature man. We cannot stop to criticize in full this completely biological theory of crime which is offered by Lombroso and his followers. Undoubtedly crime has biological roots, and these we have attempted to point out in discussing the influence of degeneracy upon crime. But to claim that the criminal constitutes a well-marked "anthropological variety" of the human species, as Lombroso argues, is to set up a claim for which there is no foundation. What Lombroso thinks are the marks of the criminal are simply the marks belonging to the degenerate classes in general. That is, they are found among the insane and feeble-minded, for example, as well as in some classes of criminals. There is then no criminal type which clearly separates the criminal from other classes of degenerates, and which will mark a man out as belonging to the criminal class even before he has committed a crime. Lombroso and some of his school have altogether overemphasized the physical and anatomical side of the study of the criminal, and slighted the sociological side of such study. Moreover, Lombroso's statements, which he makes in very general terms, apply, if they apply at all, not to criminals as a class, but only to instinctive criminals, as indeed he himself has acknowledged.

Remedies for Crime.—The remedies for crime are dealt with by the subsidiary science of penology, which may be regarded as a branch of scientific philanthropy. We can only direct the student's attention here to the vast literature on the subject and remark that the cure for crime consists not in some social panacea or in social revolution, but in dealing with the causes of crime so as to prevent the existence of the criminal class. In a general way, we have already indicated in discussing the remedies for poverty and pauperism what the steps must be to eradicate crime. In order practically to wipe out crime in society, as we have already said, three things are necessary. First, every individual must have a good birth; that is, heredity must be controlled so that only those who are physically and mentally sound are allowed to marry and reproduce. The difficulties of doing this we have already noted. Second, every individual must have a good training, both at home and at school, so as to adjust him properly to the social life. His education must fit him to take his place among other men, make him able to take care of himself, and to help others; and make him, in every possible way, acquainted with the social inheritance of the race. Last but not least, just social conditions must be provided. Everything in the social environment must be carefully looked after in order to insure the best development of the individual and to prevent his environment from being in any way a drawback to him.

These things, if it were possible to bring them about, would wipe out crime, or, at least, minimize it to the lowest terms. Of course, this cannot be done in a generation, perhaps not in many generations, but it is evident that the problem of crime is in no way an insoluble problem in human society. With time and care and scientific knowledge, crime, as well as poverty and pauperism, could be wiped out.

But curative measures are important, also, in dealing with the criminal, and each distinct class must be dealt with differently. We noted in the beginning of the chapter the three great character types in the criminal class: the instinctive criminal, in whom the tendency toward a life of crime is inborn; the habitual criminal, who acquires the habit of crime from his surroundings; and the single offender, who, while committing a single offense, never becomes a criminal in the strictest sense. These three distinct classes of criminals, whom we might style the degenerates, the derelicts, and the accidental offenders, need to be recognized in our criminal law and to be dealt with differently by our criminal courts and correctional institutions. The instinctive criminal can scarcely be adjusted to normal social life. He is, as we have already seen, essentially a defective, usually more or less feeble-minded. Reformation in the fullest sense of the word is almost out of the question in his case. The proper policy for society with reference to the instinctive criminal class, which constitutes but a small portion of our total criminal population, would be segregation for life. Practically, of course, this may have its difficulties until we perfect our means of discovering slight mental defects in individuals which make them incapable of social adjustment, but practically, also, we have found means of recognizing this type by such marks as incorrigibility, recidivism, and the stigmata of degeneracy.

The habitual criminal, who originally was a normal person, can be, at least in the early part of his career, fully reformed. Children and adolescents, even though habitual offenders, are easily susceptible of reformation, but this is difficult with the adult habitual offender past thirty years of age who has a long criminal record behind him. Like the instinctive criminal, he is scarcely capable of reformation. Hardened habitual offenders, and especially professional criminals, should, therefore, be sentenced upon indeterminate sentences, terminable only when adequate evidence of their reformation has been secured. This can best be accomplished by what is known as the "habitual criminal act," providing that persons guilty of three or four felonies shall be sent to prison for life, to be released only upon satisfactory evidence of reformation.

The single offender, who is usually a reputable citizen who commits crime through passion or through great temptation, can usually best be dealt with outside of prison walls. The young single offender, if not properly handled, may be easily transformed into an habitual criminal. On the whole, a young single offender who has had no criminal record is, perhaps, best dealt with by the system of probation which we will note later. On the other hand, certain single offenders past thirty years of age, such as bribe-givers and bribe-takers, society may have to punish in order to make an example of. Exemplary punishment is, undoubtedly, still necessary in some cases, and in the main it should be reserved for this class of mature offenders in society who have otherwise lived reputable lives. Just how far exemplary punishment should be used in society as a deterrent to crime is a disputed question among penologists. Whether, as in cases of homicide, it should ever go to the extent of capital punishment or not depends very much upon the civilization of the group. In a civilization like ours, where blood vengeance is so often demanded by mobs, it is probably unwise, for the present at least, to seek the abolition of capital punishment for murder in the first degree.

The Prison System. Every state should have at least six distinct sets of institutions to deal with the criminal class.