In the United States no federal criminal code is possible; but most states, following the lead of Louisiana, have digested their criminal law and procedure more or less effectually into penal codes.
(W. F. C.)
[1] “It is founded,” said Sir J. Fitzjames Stephen, writing in 1863, “on a set of loose definitions and descriptions of crimes, the most important of which are as old as Bracton. Upon this foundation there was built, principally in the course of the 18th century, an entire and irregular superstructure of acts of parliament, the enactments of which were for the most part intended to supply the deficiencies of the original system. These acts have been re-enacted twice over in the present generation—once between 1826 and 1832 and once in 1861; besides which they were all amended in 1837. Finally, every part of the whole system has been made the subject of judicial comments and constructions occasioned by particular cases, the great mass of which have arisen within the last fifty years.” (View of the Criminal Law of England, by J. Fitzjames Stephen.)
[2] i.e. Itinerant justices. From the Latin in itinere, on a journey.
CRIMINOLOGY, the name given to a new branch of social science, devoted to the discussion of the genesis of crime (q.v.), which has received much attention in recent years. The expression is one of modern coinage, and originated with the speculative theories first advanced by the school of sociologists which had the Italian savant, Professor Lombroso, at its head. He discovered or was supposed to have discovered a criminal type, the “instinctive” or “born” criminal, a creature who had come into the world predestined to evil deeds, and who could be surely recognized by certain stigmata, certain facial, physical, even moral birthmarks, the possession of which, presumably ineradicable, foredoomed him to the commission of crime. Dr Lombroso, in his ingenious work L’Uomo delinquente, found many attentive and appreciative, not to say bigoted followers. Large numbers of dissentients exist, however, and the conclusions of the Italian school have been warmly contested and on very plausible grounds. If the doctrines be fully accepted the whole theory of free-will breaks down, and we are faced with the paradox that we have no right to punish an irresponsible being who is impelled to crime by congenital causes, entirely beyond his control. The “instinctive” criminal, under this reasoning, must be classed with the lunatic whom we cannot justly, and practically never do, punish. There are other points on which proof of the existence of the criminal type fails absolutely. The whole theory illustrates a modern phase of psychological doctrine, and the subject has exercised such a potent effect on modern thought that the claims and pretensions of the Lombroso school must be examined and disposed of.
The alleged discovery of the “born-criminal” as a separate and distinct genus of the human species was first published by Dr Lombroso in 1876 as the result of long continued investigation and examination of a number of imprisoned criminals. The personality of this human monster was to be recognized by certain inherent moral and physical traits, not all displayed by the same individual but generally appearing in conjunction and then constituting the type. These traits have been defined as follows:—various brain and cerebral anomalies; receding foreheads; massive jaws, prognathous chins; skulls without symmetry; ears long, large and projecting (the ear ad ansa); noses rectilinear, wrinkles strongly marked, even in the young and in both sexes, hair abundant on the head, scanty on the cheeks and chin; eyes feline, fixed, cold, glassy, ferocious; bad repellent faces. Much stress is laid upon the physiognomy, and it is said that it is independent of nationality; two natives of the same country do not so nearly resemble each other as two criminals of different countries. Other peculiarities are:—great width of the extended arms (l’envergure of the French), extraordinary ape-like agility; left-handedness as well as ambi-dexterism; obtuse sense of smell, taste and sometimes of hearing, although the eyesight is superior to that of normal people. “In general,” to quote Lombroso, “the born criminal has projecting ears, thick hair and thin beard, projecting frontal eminences, enormous jaws, a square and protruding chin, large cheek bones and frequent gesticulation.” So much for the anatomical and physiological peculiarities of the criminal. There remain the psychological or mental characteristics, so far as they have been observed. Moral insensibility is attributed to him, a dull conscience that never pricks and a general freedom from remorse. He is said to be generally lacking in intelligence, hence his stupidity, the want of proper precautions, both before and after an offence, which leads so often to his detection and capture. His vanity is strongly marked and shown in the pride taken in infamous achievements rather than personal appearance.
No sooner was this new theory made public than the very existence of the supposed type was questioned and more evidence demanded. A French savant declared that Lombroso’s portraits were very similar to the photographs of his friends. Save for the dirt, the recklessness, the weariness and the misery so often seen on it, the face of the criminal does not differ from that of an honest man’s. It was pointed out that if certain traits denoted the criminal, the converse should be seen in the honest man. A pertinent objection was that the deductions had been made from insufficient premises. The criminologists had worked upon a comparatively small number of criminals, and yet made their discoveries applicable to the whole class. The facts were collected from too small an area and no definite conclusions could be based upon them. Moreover, the criminologists were by no means unanimous. They differed amongst themselves and often contradicted one another as to the characteristics exhibited.
The controversy was long maintained. Many eminent persons have been arrayed on either side. In Italy Lombroso was supported by Colajanni, Ferri, Garofalo; in France by J. A. Lacassagne. In Germany Lombroso has found few followers; Dr Naëcke of Hubertusburg near Leipzig, one of the most eminent of German alienists, declined to admit there was any special animal type. Van Hamel of Amsterdam gives only a qualified approval. In England it stands generally condemned, because it gives no importance to circumstance and passing temptation, or to domestic or social environment, as affecting the causation of crime. Dr Nicholson of Broadmoor has said that “if the criminal is such by predestination, heredity or accidental flaws or anomalies in brain or physical structure, he is such for good and all; no cure is possible, all the plans and processes for his betterment, education, moral training and disciplinary treatment are nugatory and vain.” No weight can then be attached to evil example, or unfavourable social surroundings, in moulding and forming character, particularly during the more plastic periods of childhood and youth.