Criminal Sociology [2]
the person are high when crimes against property are low, --Is crime increasing or decreasing? --Official optimism in criminal statistics, --Density of population and crime, -- Conditions on which the fluctuations of crime depend, -- Quetelet's law of the mechanical regularity of crime, --The effect of environment on crime, --The effect of punishment on crime, --The value of punishment is over-estimated, -- Statistical proofs of this, --Biological and sociological proofs, --Crime is diminished by prevention not by repression, --Legislators and administrators rely too much on repression, --The basis of the belief in punishment,--Natural and legal punishment, --The discipline of consequences, --The uncertainty of legal punishment, --Want of foresight among criminals, --Penal codes cannot alter invincible tendencies, --Force is no remedy, --Negative value of punishment. II. Substitutes for punishment, --The elimination of the causes of crime, --Economic remedies for crime, --Drink and crime, --Drunkenness an effect of bad social conditions, --Taxation of drink, --Laws against drink, --Social amelioration a substitute for penal law, -- Social legislation and crime, --Political amelioration as a preventive of crime, --Decentralisation a preventive, -- Legal and administrative preventives, --Prisoners' Aid Societies, --Education and crime, --Popular entertainments and crime, --Physical education as a remedy for crime, --To diminish crime its causes must be eliminated, --The aim and scope of penal substitutes, --Difficulty of applying penal substitutes, --Difference between social and police prevention, --Limited efficacy of punishment, --Summary of conclusions.
CHAPTER III.
PRACTICAL REFORMS
Criminal sociology and penal legislation, --Classification of punishments, --The reform of criminal procedure, --The two principles of judicial procedure, --Principles determining the nature of the sentence, --Present principles of penal procedure a reaction against mediaeval abuses, --The ``presumption of innocence,'' --The verdict of ``Not Proven,'' --The right of appeal, --A second trial, --Reparation to the victims of crime, --Need for a Ministry of Justice, -- Public and private prosecutors, --The growing tendency to drop criminal charges, --The tendency to minimise the official returns of crime, --Roman penal law, --Revision of judicial errors, --Reparation to persons wrongly convicted, -- Provision of funds for this purpose, --Reparation to persons wrongly prosecuted, --Many criminal offences should be tried as civil offences, --The object of a criminal trial. II. The crime and the criminal, --The stages of a criminal trial, -- The evidence, --Anthropological evidence, --The utilisation of hypnotism, --Psychological and psycho-pathological evidence, --The credibility of witnesses, --Expert evidence, --An advocate of the poor, --The judge and his qualifications, -- Civil and criminal judges should be distinct functionaries, --The student of law should study criminals, --Training of police and prison officers, --The status of the criminal judge, --The authority of the judge. III. The jury, --Origin of the jury, --Advantages of the jury, --Defects of the jury, --The jury as a protection to liberty, --The jury and criminal law, --Juries untrained and irresponsible, -- Numbers fatal to wisdom, --Defects of judges, --Difference between the English and Continental jury, --Social evolution and the jury, --The jury compared to the electorate, --How to utilise the jury. IV. Existing prison systems a failure, --Defects of existing penal systems, --The abuse of short sentences, --The growth of recidivism, --Garofalo's scheme of punishments, --Von Liszt's scheme of punishments, --The basis of a rational system of punishment, --The indeterminate sentence, --Flogging, --The indefinite sentence for habitual offenders, --Van Hamel's proposals as to sentences, --The liberation of prisoners on an indefinite sentence, --The supervision of punishment, --Conditional release, --Good conduct test in prisons, --Police supervision, -- Indemnification
CHAPTER III.
PRACTICAL REFORMS
Criminal sociology and penal legislation, --Classification of punishments, --The reform of criminal procedure, --The two principles of judicial procedure, --Principles determining the nature of the sentence, --Present principles of penal procedure a reaction against mediaeval abuses, --The ``presumption of innocence,'' --The verdict of ``Not Proven,'' --The right of appeal, --A second trial, --Reparation to the victims of crime, --Need for a Ministry of Justice, -- Public and private prosecutors, --The growing tendency to drop criminal charges, --The tendency to minimise the official returns of crime, --Roman penal law, --Revision of judicial errors, --Reparation to persons wrongly convicted, -- Provision of funds for this purpose, --Reparation to persons wrongly prosecuted, --Many criminal offences should be tried as civil offences, --The object of a criminal trial. II. The crime and the criminal, --The stages of a criminal trial, -- The evidence, --Anthropological evidence, --The utilisation of hypnotism, --Psychological and psycho-pathological evidence, --The credibility of witnesses, --Expert evidence, --An advocate of the poor, --The judge and his qualifications, -- Civil and criminal judges should be distinct functionaries, --The student of law should study criminals, --Training of police and prison officers, --The status of the criminal judge, --The authority of the judge. III. The jury, --Origin of the jury, --Advantages of the jury, --Defects of the jury, --The jury as a protection to liberty, --The jury and criminal law, --Juries untrained and irresponsible, -- Numbers fatal to wisdom, --Defects of judges, --Difference between the English and Continental jury, --Social evolution and the jury, --The jury compared to the electorate, --How to utilise the jury. IV. Existing prison systems a failure, --Defects of existing penal systems, --The abuse of short sentences, --The growth of recidivism, --Garofalo's scheme of punishments, --Von Liszt's scheme of punishments, --The basis of a rational system of punishment, --The indeterminate sentence, --Flogging, --The indefinite sentence for habitual offenders, --Van Hamel's proposals as to sentences, --The liberation of prisoners on an indefinite sentence, --The supervision of punishment, --Conditional release, --Good conduct test in prisons, --Police supervision, -- Indemnification