As a matter of fact, it is very difficult to draw the line between crimes and offences; and it is not uncommon to find that a man who has committed a heinous crime is not so wicked a character as another who has never been guilty of more than a petty offence.
The largest number of persons in prison have been convicted of minor transgressions and have been dealt with in the police courts. Many of these offences do not differ in character from those which engage the attention of the higher courts. Their gravity is estimated either by the result of the act, or the bad record of the person committing it, or both factors together. Thus if in the course of a quarrel one person should strike another and bleed his face, the police magistrate will assess the damage done to society; but if the blow break the injured person’s nose, the case will pass to the sheriff. If a man in a drunken “spree” lift a pair of boots from a shop-door, the bailie will probably deal with him; but if, drunk or sober, he has been in the habit of taking other people’s property, he may be sent to a higher court.
The law differs in the same country at different times. It is the minimum standard of conduct to which all members of the community are required to conform, and, as public opinion changes, it undergoes alteration. Men who in one generation have been executed as criminals have been honoured as martyrs in the next, while acts which at one time have been regarded as meritorious have at another time been severely punished. At no time will an honourable man do all that the law permits him to do, for his standard of conduct is higher than, and in advance of, the law. But a man may live a thoroughly vicious life; he may lie, act dishonestly, be cruel and vindictive—in short, break any or all of the ten commandments—and yet keep within the law.
The law differs in different parts of the same country at the same time, and a man may find himself brought under its operation in one district for doing something which is permissible in another. This is a result of the special powers given to corporations, or is due to the adoption by one local authority of permissive legislation which a neighbouring authority has not adopted. It may be very puzzling to a stranger, but the principle of allowing the more enlightened districts freedom to improve their administration is at the back of it; whether they could not find a better way of carrying out their purposes than by sending to prison those who offend against them is another question altogether.
Even under similar laws the administration may be different. The more laws there are and the more rigid their administration, the greater will be the number of offenders.
All kinds of people break the law. In some social positions there is less opportunity for doing so than in others, but the conditions in which many are placed make it easier for them to offend against certain regulations than to conform to them.
All who are brought to prison for the first time are not first offenders. In some cases they have had a long and successful career before being apprehended, but even in these cases the physical and mental characteristics that would mark them off from others among whom they have been living are not apparent. A man’s character and his characteristics are the result of interaction between outside influences and inherent faculties. He acquires habits of body and of mind, and they leave their mark on him.
Vice and crime are not the same thing, nor have they any necessary relationship. Though generally the result of a vicious impulse or intention, there is hardly a crime in the calendar that might not be committed by a person acting from a higher moral standard than that set by the law. On the other hand, a vicious person may indulge in almost any vice and yet keep clear of the law; it all depends on how he does it. A dishonest person, if he puts his hand in the pocket of another and abstracts the contents, may be sent to prison; but if by appealing to the cupidity of his neighbours he can get them to put their hands in their own pockets and hand him over the proceeds in order that they may share in the El Dorado he has invented, he robs them just as effectively and is not sent to prison. He may become a pillar of society and a legislator.
When people are sent to prison for the first time all that has been determined is the fact that they have been guilty of breaking the law. There is no justification for assuming that their characters are, on the whole, worse than those of others. Some of them may have committed very wicked crimes; but, except in a few cases, a thorough investigation of all the attendant circumstances might modify any impressions derived from the trial. Even the commission of a fiendish act is not incompatible with a disposition that is usually and mainly good. We do not in practice assume that a man is a bad man because he has done a bad thing, any more than we credit him with being a good man because he has done a good thing. When the evil he has done has taken a criminal form we are as little entitled to judge the man by the act we condemn.
The fact that a person is in prison hinders any attempt to study him. The investigator begins with a prejudice against him because of the crime he has committed. Yet it is the most common thing to hear people who have known a prisoner intimately for years say that they could not have believed he would do the thing he has done. These people are quite as fit to judge character as those who are called scientific investigators, and they have better opportunities for doing so. They have not seen the weakness of their friends in the form it has taken. The investigator usually sees nothing else.