Criminal Sociology [24]
affirm that criminal anthropology cannot classify all who are detained and accused.
In my experience, however, as a counsel and as an observer, I have never had any difficulty in classifying all persons detained or condemned for crimes and offences, by relying upon organic, and especially upon psychological symptoms.
Thus, as Garofalo recently said, whilst the accepted criminal science recognises only two terms, the offence and the punishment, criminal sociology on the other hand recognises three: the crime, the criminal, and the means best calculated for social self- defence. And it may be concluded that up to this time, science, legislation, and, in a minor degree, but without any scientific method, the administration of justice, have judged and punished crime in the person of the criminal, but that hereafter it will be necessary to judge the criminal as well as the crime.
After these general observations on the anthropological classes of criminals, it might seem necessary to establish their respective numerical proportions. But as there is no absolute separation between one and another, and as the frequency of the several criminal types varies according to the crimes or offences, natural or otherwise, against persons or property, no precise account can be rendered of the criminal world as a whole.
By way of approximation, however, it may be said in the first place that the classes of mad criminals and criminals of passion are the least numerous, and represent something like 5 or 10 per cent. of the total.
On the other hand, we have seen that born and habitual criminals are about 40 or 50 per cent.; so that the occasional criminals would also be between 40 and 50 per cent.
These are figures which naturally vary according to the different groups of crime and of criminals which come under observation, and which cannot be more accurately determined without a series of special studies in criminal anthropology, as I said when answering the objections which have been raised against the methods of this novel science.
It remains for us, before concluding our first chapter, to establish a fact of great scientific and practical value. This is that, after the anthropological classification which I have maintained for some ten years past, all who have been devoting themselves to the subject of crime as regarded from a biological and social standpoint have recognised the need for a classification less simple than that of habitual and occasional criminals, and which will be more or less complex according to the criterion which may be adopted.
In the first place, the necessity is generally recognised of abandoning the old arbitrary and algebraic type in favour of a classification which shall correspond more accurately with the facts of the case. This classification, originating in observations made within the prison walls, I have extended in the domain of criminal sociology, wherein it is now established as a fundamental criterion of legislative measures which must be taken as a protection against criminals, as well as a criterion of their responsibility.
Secondly, the classifications of criminals hitherto given are not essentially and integrally distinct. It has been seen, as a matter of fact, that all the classifications which have been set forth amount to a recognition of four types, the born, the insane, the occasional criminals, and the criminals of passion; and this again resolves itself into the simple and primitive distinction between occasional and instinctive criminals. The category of criminals by contracted habit would not be accepted by all observers, but it corresponds too closely to our daily experience to stand in need of further proof. And on the other hand I must frankly decline to accept the authority of those who put forward classifications more or less symmetrical without having made a direct study of criminals; for the experimental method does not admit systems based on mere imagination, or on vague recollections of criminal trials, or on argumentative constructions built up from
In my experience, however, as a counsel and as an observer, I have never had any difficulty in classifying all persons detained or condemned for crimes and offences, by relying upon organic, and especially upon psychological symptoms.
Thus, as Garofalo recently said, whilst the accepted criminal science recognises only two terms, the offence and the punishment, criminal sociology on the other hand recognises three: the crime, the criminal, and the means best calculated for social self- defence. And it may be concluded that up to this time, science, legislation, and, in a minor degree, but without any scientific method, the administration of justice, have judged and punished crime in the person of the criminal, but that hereafter it will be necessary to judge the criminal as well as the crime.
After these general observations on the anthropological classes of criminals, it might seem necessary to establish their respective numerical proportions. But as there is no absolute separation between one and another, and as the frequency of the several criminal types varies according to the crimes or offences, natural or otherwise, against persons or property, no precise account can be rendered of the criminal world as a whole.
By way of approximation, however, it may be said in the first place that the classes of mad criminals and criminals of passion are the least numerous, and represent something like 5 or 10 per cent. of the total.
On the other hand, we have seen that born and habitual criminals are about 40 or 50 per cent.; so that the occasional criminals would also be between 40 and 50 per cent.
These are figures which naturally vary according to the different groups of crime and of criminals which come under observation, and which cannot be more accurately determined without a series of special studies in criminal anthropology, as I said when answering the objections which have been raised against the methods of this novel science.
It remains for us, before concluding our first chapter, to establish a fact of great scientific and practical value. This is that, after the anthropological classification which I have maintained for some ten years past, all who have been devoting themselves to the subject of crime as regarded from a biological and social standpoint have recognised the need for a classification less simple than that of habitual and occasional criminals, and which will be more or less complex according to the criterion which may be adopted.
In the first place, the necessity is generally recognised of abandoning the old arbitrary and algebraic type in favour of a classification which shall correspond more accurately with the facts of the case. This classification, originating in observations made within the prison walls, I have extended in the domain of criminal sociology, wherein it is now established as a fundamental criterion of legislative measures which must be taken as a protection against criminals, as well as a criterion of their responsibility.
Secondly, the classifications of criminals hitherto given are not essentially and integrally distinct. It has been seen, as a matter of fact, that all the classifications which have been set forth amount to a recognition of four types, the born, the insane, the occasional criminals, and the criminals of passion; and this again resolves itself into the simple and primitive distinction between occasional and instinctive criminals. The category of criminals by contracted habit would not be accepted by all observers, but it corresponds too closely to our daily experience to stand in need of further proof. And on the other hand I must frankly decline to accept the authority of those who put forward classifications more or less symmetrical without having made a direct study of criminals; for the experimental method does not admit systems based on mere imagination, or on vague recollections of criminal trials, or on argumentative constructions built up from