Further, it is apparent that in all these countries the types of habitual criminality, with the exception of thefts and vagrancy, are in greater proportion at the assizes, on account of their serious character.
The actual totals, however, are larger at the tribunals, for as, in the scale of animal life, the greatest fecundity belongs to the lower and smaller forms, so in the criminal scale, the less serious offences (such as simple theft, swindling, vagrancy, &c.) 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 (20 per cent.), in France (24 per cent.), in Belgium (23 per cent.), and in Prussia (37 per cent., including breaches of trust).[5]
[5] Starke, ``Verbrechen und Verbrecher in Preussen,'' Berlin, 1884, p. 92.
<p 21>
After theft, the most numerous in Italy are vagrancy (5 per cent.), homicides (4 per cent.), swindling (3 per cent.), forgery (.9 per cent.), rape (.4 per cent.), conspiracy (.4 per cent.), and incendiarism (.2 per cent.).
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 (.5 per cent.) and in Belgium (1 per cent.).
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