The law already recognizes that, but only in rare cases of a very flagrant nature, or when the culprit's wealth permits the luxury of criminal insanity. It has become quite fashionable to be the victim of paranoia. But on the whole the "sovereignty of justice" still continues to punish criminally insane with the whole severity of its power. Thus Mr. Ellis quotes from Dr. Richter's statistics showing that in Germany, one hundred and six madmen, out of one hundred and forty-four criminal insane, were condemned to severe punishment.
The occasional criminal "represents by far the largest class of our prison population, hence is the greatest menace to social well-being." What is the cause that compels a vast army of the human family to take to crime, to prefer the hideous life within prison walls to the life outside? Certainly that cause must be an iron master, who leaves its victims no avenue of escape, for the most depraved human being loves liberty.
This terrific force is conditioned in our cruel social and economic arrangement. I do not mean to deny the biologic, physiologic, or psychologic factors in creating crime; but there is hardly an advanced criminologist who will not concede that the social and economic influences are the most relentless, the most poisonous germs of crime. Granted even that there are innate criminal tendencies, it is none the less true that these tendencies find rich nutrition in our social environment.
There is close relation, says Havelock Ellis, between crimes against the person and the price of alcohol, between crimes against property and the price of wheat. He quotes Quetelet and Lacassagne, the former looking upon society as the preparer of crime, and the criminals as instruments that execute them. The latter find that "the social environment is the cultivation medium of criminality;that the criminal is the microbe, an element which only becomes important when it finds the medium which causes it to ferment; EVERYSOCIETY HAS THE CRIMINALS IT DESERVES."*
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* THE CRIMINAL.
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The most "prosperous" industrial period makes it impossible for the worker to earn enough to keep up health and vigor. And as prosperity is, at best, an imaginary condition, thousands of people are constantly added to the host of the unemployed. From East to West, from South to North, this vast army tramps in search of work or food, and all they find is the workhouse or the slums. Those who have a spark of self-respect left, prefer open defiance, prefer crime to the emaciated, degraded position of poverty.
Edward Carpenter estimates that five-sixths of indictable crimes consist in some violation of property rights; but that is too low a figure. A thorough investigation would prove that nine crimes out of ten could be traced, directly or indirectly, to our economic and social iniquities, to our system of remorseless exploitation and robbery. There is no criminal so stupid but recognizes this terrible fact, though he may not be able to account for it.
A collection of criminal philosophy, which Havelock Ellis, Lombroso, and other eminent men have compiled, shows that the criminal feels only too keenly that it is society that drives him to crime. AMilanese thief said to Lombroso: "I do not rob, I merely take from the rich their superfluities; besides, do not advocates and merchants rob?" A murderer wrote: "Knowing that three-fourths of the social virtues are cowardly vices, I thought an open assault on a rich man would be less ignoble than the cautious combination of fraud."Another wrote: "I am imprisoned for stealing a half dozen eggs.
Ministers who rob millions are honored. Poor Italy!" An educated convict said to Mr. Davitt: "The laws of society are framed for the purpose of securing the wealth of the world to power and calculation, thereby depriving the larger portion of mankind of its rights and chances. Why should they punish me for taking by somewhat similar means from those who have taken more than they had a right to?" The same man added: "Religion robs the soul of its independence;patriotism is the stupid worship of the world for which the well-being and the peace of the inhabitants were sacrificed by those who profit by it, while the laws of the land, in restraining natural desires, were waging war on the manifest spirit of the law of our beings. Compared with this," he concluded, "thieving is an honorable pursuit."*----------
* THE CRIMINAL.
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Verily, there is greater truth in this philosophy than in all the law-and-moral books of society.
The economic, political, moral, and physical factors being the microbes of crime, how does society meet the situation?
The methods of coping with crime have no doubt undergone several changes, but mainly in a theoretic sense. In practice, society has retained the primitive motive in dealing with the offender; that is, revenge. It has also adopted the theologic idea; namely, punishment;while the legal and "civilized" methods consist of deterrence or terror, and reform. We shall presently see that all four modes have failed utterly, and that we are today no nearer a solution than in the dark ages.
The natural impulse of the primitive man to strike back, to avenge a wrong, is out of date. Instead, the civilized man, stripped of courage and daring, has delegated to an organized machinery the duty of avenging his wrongs, in the foolish belief that the State is justified in doing what he no longer has the manhood or consistency to do. The majesty-of-the-law is a reasoning thing; it would not stoop to primitive instincts. Its mission is of a "higher" nature.
True, it is still steeped in the theologic muddle, which proclaims punishment as a means of purification, or the vicarious atonement of sin. But legally and socially the statute exercises punishment, not merely as an infliction of pain upon the offender, but also for its terrifying effect upon others.
