He will storm, abuse and threaten, but he dare not go further. He is avoided by his neighbours as being a most cantankerous fellow; he is always being involved in disputes. This man is undoubtedly criminal at heart and is cherishing anti-social feelings which are steadily growing in their intensity. Revenge becomes the almost dominating influence over his mind, but it is held in check by fear. At last fear gives way and there is no further restriction to the emotion of revenge, which then becomes supreme. At this climax insanity occurs and murder is committed synchronically. Morally the act was committed years previously, and it was by his own conduct in goading himself on to the climax that made it an actual fact. Subsequently, almost immediately, he may become rational again and retain consciousness of the deed and thoroughly understands its outrageous nature. He will not then express any regrets but will declare that his deed was perfectly moral. This man is as near a monster as we dare call any man, and should never be allowed to have his liberty restored to him.
Instinctive Criminal.—Called also the "born criminal" (Lombroso), or the "criminal by nature." The term "instinctive criminal" seems to be that growing most in popularity, possibly because there is less likelihood of it having to be modified by the results of further investigation.
By the instinctive criminal is understood a man in whom the criminal instinct has gained a supremacy over the social instinct. He is not only anti-social in deed but also in character. (It would be a mistake to term him anti-social in nature, for that would indicate that he was absolutely hostile to humanity. One, anti-social in character, is capable of betterment, and this is possible of every man.) Many causes operate to account for his production, some of them reaching far back into his ancestry. When this is the case some physical handicap is always present, such as e.g. cerebral irritation and epilepsy.
In childhood the instinctive criminal may be recognised by an excessive vanity which will often tempt him to steal, the thefts being generally confined to articles of personal adornment or which give an occasion to "swagger." When accused he will deny the charge brought against him with an effrontery which will too often create the conviction that he is innocent. When charged he will challenge the statements of his superiors without any hesitation whatever, but at a given moment will break down and make a most free and perhaps disinterested confession. Frequently he is very emotional in behavior and simulates the deepest regret, although he is practically without any remorse whatever. He will undertake to perform the most afflicting tasks of penance in order to expiate the wrong and give every assurance for future good behaviour. Neither of which is of the least value.
Onanism and a morbid love for sweets is an important characteristic. In the adult, laziness, debauchery and cowardice are to be noticed. His signature is peculiar, involved and often adorned with flourishes. He loves to be credited with the performance of great achievements, and will tatoo medals upon his body or other symbols significant of greatness. The instinctive criminal generally complains that he is unfortunate, or that he has never had a chance, and that society is always contriving to keep him down.
The Habitual Criminal, or the Recidivist.—When once a man has fallen into the clutches of the law and been incarcerated it is very difficult for him to keep his self-respect. His first crime may present many features to indicate that he is more the victim of circumstances than well-defined ill-will. But having been convicted, he finds himself shunned by all but criminal society, and together with other influences, educational in character, he is frequently allured into a relapse. If a prisoner endeavours to behave himself in gaol and keep aloof from evil contagion, he is bullied by his fellow-prisoners, and even his keepers regard him with suspicion. The one twit him with being a white-livered coward, the other consider him to be either a sneak or a "deep fellow." He is almost sure to fall and identify himself with the ranks of crime. An instance that the writer has personal knowledge of is that of a man, passionate in nature, and moved by the tears of a young woman on behalf of her imprisoned lover, stuck up a small country gaol under arms and gained the release of the imprisoned man. To escape the consequences he had to take to the "bush," and for two years he lived the life of an outlaw. He finally surrendered to the police and was condemned to death. As no personal injury had been committed and his manner of using his weapons shewed plainly that he did not contemplate any, his sentence was commuted to imprisonment for fourteen years, the first three to be spent in irons. At the end of that time the criminal habit was confirmed. For various offences he was sentenced at different times to periods aggregating in all to thirty years. After his last sentence had expired—six years ago—he began a new life and has not committed crime since. His whole career showed many redeeming points in it. This case is well-known to the New Zealand and Australian prison authorities.
The number of criminals who are allured into relapse is computed by Orano to be 45 per cent of the whole.
The distinction between the habitual criminal and the instinctive criminal is not merely an academical one but emphatically a practical one. Both are living the life of crime, and their acts may be, from an objective point, of exactly the same nature; but in the one case we have to deal with the criminal CHARACTER and in the other with the criminal HABIT. The distinction is first seen in the different ages at which each commences his criminal career; nextly in the different impelling causes. Again, the emotions, ideas and methods show a distinction. All these variations are in the aggregate of considerable practical importance, especially in the assignment of prisoners for reformatory treatment.
THE CRIMINAL TYPE.