Criminal Man, According to the Classification of Cesare Lombroso

by Gina Lombroso

The only drawback to this system is the difficulty of applying it, because it is not always possible to find in every town a number of persons of high moral standing, who are able and willing to exercise vigilance over offenders. However, to the honour of the United States it must be said that in many States this supervision is organised in a truly admirable manner. At Boston I visited the Probation Office organised and managed by Miss Mary Dewson, which undertakes the supervision of girls and is a model worthy of imitation from the general arrangement down to the smallest details.

The relations between the officers and their charges are in most cases very cordial. The little girls write most affectionate letters, in which they narrate their joys and sorrows, express penitence for their shortcomings and ask advice and help as of guardian spirits. The officers in their turn show themselves to be affectionate protectors and are scrupulous in the fulfilment of their duties towards the central office. Upwards of one hundred lockers were opened at my request, and I was able to examine the documents relating to each of the children with their antecedents, improvement, or the reverse, methodically entered up to a few days previous to my visit.

The splendid results obtained everywhere by this system are leading to its gradual adoption in nearly all the States of the Union and in many parts of Australia and England, in dealing with young people, adults, and all first offenders convicted of petty infractions of the law, drunkenness, disturbance of the peace, and disorderly conduct, and also for prisoners released on ticket-of-leave. The probationer is obliged to report himself every fortnight, or at any time the probation officer may desire. The officer is empowered to supervise the conduct of the probationer at home and in his place of employment, and to threaten him with legal proceedings should his conduct be unsatisfactory.

The supervision of adults, as may be supposed, is a far more delicate and complicated matter than that of children, and however discreetly the officer proceeds in order to keep the matter hidden from neighbours and employers, the position is such a humiliating one for adults that many prefer imprisonment to supervision. I was told that special reformatories have been established at Boston for the detention of those who prefer prison to vigilance.

Perhaps this aversion of adult offenders in America to the probation system is due to the fact that the probation officer is vested with powers almost exceeding those of any magistrate. If he thinks fit, he may extend the period of supervision almost indefinitely or convert it into imprisonment. Moreover, the feeling that every movement and action, however innocent, is being watched is very galling to a grown-up person. However, these drawbacks could no doubt be remedied.

In England, supervision is replaced by a pledge of good behaviour guaranteed by the culprit or a surety, who is induced to exercise vigilance by the knowledge that he will lose the sum deposited in the case of recidivation. The magistrate is obliged by English law to fix the period of probation, which cannot be extended without another sentence. In France, Belgium, and Australia, the probation system appears to have given good results.

Corporal Punishment. Although repugnant to civilised ideas, the various forms of corporal punishment, fasting, cold shower-bath, or even the rod, are very suitable substitutes for imprisonment in the case of children guilty of petty offences, because not only are these punishments inexpensive and have the advantage of creating a deeper and more immediate impression, but they do not corrupt minor offenders nor do they interrupt their regular occupations, whether work or study. Fines should always be inflicted for slight infractions of the law and in all cases of petty larceny, frauds, and forgeries committed by minors. The fines should be proportioned to the means of the individual and the gravity of the offence, and replaced by compulsory labour in the case of those who refuse to pay.

Indemnity. The obligation to make adequate compensation for the injury caused would be an ideal punishment, but is extremely difficult to put into practice. The magistrate, however, should do his utmost to make suitable use of this penalty, and the victim should be legally entitled to receive a part of the proceeds from work done by the culprit during detention.

Reformatories

Minors convicted for the first time of such serious offences that supervision becomes an insufficient guarantee against recidivation, should be relegated to reformatories or other institutions which undertake to punish offences and to segregate and correct offenders.