But apart from the prison type of countenance, it is highly probable that a distinct criminal type also exists. Certain professions generate distinctive castes of feature, as, for instance, the Army and the Church. This distinctiveness is not confined to features alone, it diffuses itself over the whole man; it is observable in manner, in gesture, in bearing, in demeanour, and is constantly breaking out in a variety of unexpected ways. In like manner the habitual criminal acquires the habits of his class. Crime is his profession; it is also the profession of all his associates. The constant practice of this profession results in the acquisition of a certain demeanour, a certain aspect, gait, and general appearance, in many instances too subtle to define, but, at the same time, plain and palpable to an expert.
The slang of criminals is also explicable on the same principle. Every trade and calling has its technical terms. The meaning of these terms is hidden from the rest of the world, but the origin of their existence is not difficult to explain. The jargon of the criminal arises from the same causes and is constructed on exactly the same principles as the technical words and phrases of the man of science. When a man of science is compelled to make frequent use of a phrase, he generally gets rid of it by inventing some technical word; it is precisely the same with criminals. With them technical words are used instead of phrases, and short words instead of long ones in all matters where criminal interests are intimately concerned, and on all topics which are habitually the subjects of conversation among the criminal classes. The language of the Stock Exchange with its Bulls, Bears, Contangos, and other short and comprehensive expressions for various kinds of stocks, is on all fours with the slang of criminals, and it is not necessary to resort to atavism in order to explain it. It arises to supply professional needs, and criminal argot springs up from exactly the same cause.
Summing up our inquiries respecting the criminal type we arrive, in the first place, at the general conclusion, that so far as it has a real existence it is not born with a man, but originates either in the prison, and is then merely a prison type, or in criminal habits of life, and is then a truly criminal type. As a matter of fact, the two types are in most cases blended together, the prison type with its hard, impassive rigidity of feature being superadded to the gait, gesture and demeanour of the habitual criminal. In combination these two types form a professional type and constitute what Dr. Bruce Thomson[[41]] has called "a physique distinctly characteristic of the criminal class." It is not, however, a type which admits of accurate description, and its practical utility is impaired by the fact that certain of its features are sometimes visible in men who have never been convicted of crime. The position of the case, with respect to the criminal type, may be best described by saying that an experienced detective officer will be sure in nine cases out of ten that he has got hold of a criminal by profession, but in the tenth case he will probably make a mistake. In other words, face, manner and demeanor are no infallible index of character or habits of life.
When crime is not an inherited taint, but merely an acquired habit, this fact has an important practical bearing upon the proper method of dealing with it. Acquired habits, we are now being taught by Professor Weismann, are incapable of being transmitted to posterity, and Mr. Galton is of the same opinion.[[42]] This is not the place to elaborate the theory of inheritance, as understood by those writers; its essence, however, is that we only inherit the natural faculties of our forebears, and not those faculties which they have acquired by practice and experience. The son of a rope-dancer does not inherit his father's faculties for rope-dancing, nor the son of an orator his father's ready aptitude for public speech, nor the son of a designer his father's acquired skill in the making of designs. All that the son inherits is the natural faculties of the parent, but no more. Hence it follows that the son of a thief, on the supposition that thieving comes by habit and practice, does not by natural inheritance acquire the parent's criminal propensity. As far as his natural faculties are concerned he starts life free from the vicious habits of his parent, and should he in turn become a thief, as sometimes happens, it is not because he has inherited his father's thievish habits, but because he has himself acquired them. It is imitation, not instinct, which transforms him into a thief; and if he is removed from the influence of evil example he will have almost as small a chance of falling into a criminal life as any other member of the community. It will not be quite so small, because no public institution, however well conducted, can ever exercise so moralising an effect as a good home, but it will be much smaller than if he grew up to maturity under the pernicious surroundings of a criminal home.
If we do not inherit the acquired faculties and habits of our parents, it is unfortunately too true that we inherit their diseases and the connection between disease and crime is a fact which cannot be denied. In many cases it is perfectly true that persons suffering from disease or physical degeneracy do not become criminals, in most cases they do not; at the same time a larger proportion of such persons fall into a lawless life than is the case with people who are free from inherited infirmities. The undoubted tendency of physical infirmity is to disturb the temper, to weaken the will, and generally to disorganise the mental equilibrium. Such a tendency, when it becomes very pronounced, leads its unhappy possessor to perpetrate offenses against his fellow-men, or, in other words, to commit crime. In a recent communication to a German periodical, Herr Sichart, director of prisons in the kingdom of Wurtemburg, has shown that a very high percentage of criminals are the descendants of degenerate parents. Herr Sichart's inquiries extended over several years and included 1,714 prisoners. Of this number 16 per cent. were descended from drunken parents; 6 per cent. from families in which there was madness; 4 per cent. from families addicted to suicide; 1 per cent. from families in which there was epilepsy. In all, 27 per cent. of the offenders, examined by Herr Sichart were descended from families in which there was degeneracy. According to these figures more than one fourth of the German prison population have received a defective organisation from their ancestry, which manifests itself in a life of crime.
In France and Italy the same state of things prevails. Dr. Corre is of opinion that a very large proportion of persons convicted of bad conduct in the French military service are distinctly degenerate either in body or mind. Dr. Virgilio says that in Italy 32 per cent. of the criminal population have inherited criminal tendencies from their parents. In England there is no direct means of testing the amount of degeneracy among the criminal classes, but, in all likelihood, it is quite as great as elsewhere. According to the report of the Medical Inspector of convict prisons for 1888-9, the annual number of deaths from natural causes, among the convict population, is from 10 to 12 per 1000. Let us compare those figures with the death rate of the general population as recorded in the Registrar-General's report for 1888. The annual death rate from all causes of the general population, between the ages of 15 and 45, is about 7 per 1000. I have selected the period of life between 15 and 45 for the reason that it corresponds most closely with the average age of criminals. If deaths from accident are excluded from the mortality returns of the general population, it will be found that the rate of mortality among criminals, in convict prisons, is from one third to one half higher than the rate of mortality among the rest of the community of a similar age. If the rate of mortality of the criminal population is so high inside convict prisons, where the health of the inmates is so carefully attended to, what must it be among the criminal classes when in a state of liberty? Independently of the premature deaths brought on by irregularity of life, it is certain that a high proportion of criminals bear within them the seeds of inherited disorders, and it is these disorders which largely account for the high rate of mortality amongst them when in prison.
The high percentage of disease and degeneracy among the English criminal population may be seen in other ways. The population in the local gaols in 1888-9, between the ages of 21 and 40, constituted 54 per cent. of the total prison population, whilst the same class between the ages of 40 and CO formed only 20 per cent. of the prison population. One half of this drop in the percentage of prisoners between 40 and 60 may be accounted for by the decreased percentage of persons between these two ages in the general population. The other half can only be accounted for by the extent to which premature decay and death rage among criminals who have passed their fortieth year. In other words, the number of criminals alive after forty is much smaller than the number of normal men alive after that age.
A direct proof of the extent of degeneracy in the shape of insanity among persons convicted of murder can be found in the Judicial Statistics. The number of persons convicted of wilful murder, not including manslaughter or non-capital homicides, from 1879 to 1888 amounted to 441. Out of this total 143 or 32 per cent. were found insane. Of the 299 condemned to death, no less than 145, or nearly one half, had their sentences commuted, many of them on the ground of mental infirmity. The whole of these figures decisively prove that between 40 and 50 per cent. of the convictions for wilful murder are cases in which the murderers were either insane or mentally infirm. Murder cases are almost the only ones respecting which the antecedents of the offender are seriously inquired into. But when this inquiry does take place the vast amount of degeneracy among criminals at once becomes apparent.
Passing from the mental condition of murderers, let us now take into consideration the mental state of criminals generally. Beginning with the senses, it may be said that very little stress can be laid on the experiments conducted by the Anthropological School as to peculiarities in the sense of smell, taste, sight, and so on, discovered among criminals. In all these inquiries it is so easy for the subject to deceive the investigator, and he has often so direct an interest in doing it that all results in this department must be accepted with the utmost caution. Wherever investigations necessitate the acceptance upon trust of statements made by criminals, their scientific value descends to the lowest level. As this must be largely the case with respect to the senses of hearing, taste, smell, etc., it is almost impossible to reach assured conclusions.
It is different in inquiries respecting the intellect. Here the investigator is able to judge for himself. According to Dr. Ogle, 86.5 per cent. of the general population were able to read and write in the years 1881-4, and as this represents an increase of 10 per cent. since the passing of the Elementary Education Act, it is probably not far from the mark to say that at the present time almost 90 per cent. of the English population can read and write. In other words, only 10 per cent. of the population is wholly ignorant. In the local prisons on the other hand, no less than 25 per cent. of the prisoners can neither read nor write, and 72 per cent. can only read or read and write imperfectly. The vast difference in the proportion of uninstructed among the prison, as compared with the general population, is not to be explained by the defective early training of the former. This explanation only covers a portion of the ground: the other portion is covered by the fact that a certain number of criminals are almost incapable of acquiring instruction. The memory and the reasoning powers of such persons are so utterly feeble that attempts to school them is a waste of time.[[43]] Deficiencies in memory, imagination, reason, are three undoubted characteristics of the ordinary criminal intellect. Of course, there are very many criminals in which all these qualities are present, and whose defects lie in another direction, but taken as a whole the criminal is unquestionably less gifted intellectually than the rest of the community.