Criminal Sociology [41]
ground of a simultaneous increase of the more serious crimes and offences. On the other hand, we note in France a general decrease of crimes against the person (except for assaults on children), and still more of crimes against property.
There is also a striking confirmation in the corresponding acquittals and condemnations of a more serious character. We see, in fact, that the more serious condemnations increase precisely when the acquittals decrease (as in the 4th, 6th, 7th, and 10th periods at the Assizes, and the 2nd, 5th, and 8th periods at the Tribunals); whilst in the years of more frequent acquittals there is also a diminution of more serious punishments, as in the 5th and 8th periods at the Assizes. That is to say, the two sets of statistics actually indicate a greater or less severity on the part of juries and judges.
This firmer repression is demonstrated in spite of the continued increase of attenuating circumstances, which rose at the Assizes from 50 per cent. in 1833 to 73 per cent. in 1806, and at the Tribunals from 54 per cent. in 1851 to 65 per cent. in 1886. Nevertheless it is a fact that the number of cases tried by default at the Assizes has continuously decreased from a yearly average of 647 in 1826-30 to one of 266 in 1882-6.
For Italy we have the following figures: {column missing head?} PRETORS. TRIBUNALS. ASSIZES. ------------------------------------------ Condemned to Imprisonment. Condemned Penal Servitude Slighter imprisonment. to death. for life. temporary punishts 1874 21 79 1.2 5.6 65 28 5 22 80 1.3 6.5 63 29 6 23 81 1.3 6.1 66 27 7 24 82 1.5 7.2 66 25 8 25 85 1 7.6 67 25 9 25 -- 1.2 6.3 67 25 1880 26 -- 1.3 5.5 68 25 1 24 81 1.7 6.1 65 27 2 23 81 1.5 6 66 27 3 23 81 1.7 5.4 64 29 4 23 81 1.3 5.3 64 30 5 23 81 1.6 5.4 63 30 6 21 81 1.6 5.7 62 30 7 21 83 1.1 5.8 63 30 8 21 82 1.2 4.7 65 29
Thus, once more, there has been no relaxation of repression, except in late years for those condemned by the Pretors to penal servitude for life.
The conclusion, therefore, is still the same, namely that judicial repression, in France and Italy, has grown stronger and stronger, whilst criminality has increased more and more.
In this fact, again, which confutes the common opinion that the sovereign remedy of crime is the greater rigour of punishment, we may fairly find a positive proof that the penal, legislative, and administrative systems hitherto adopted have missed their aim, which can be nothing else than the defence of society against criminals.
Henceforth we must seek, through the study of facts, a better direction for penal legislation as a function of society, so that, by the observation of psychological and sociological laws, it may tend, not to a violent and always tardy reaction against crime already evolved, but to the elimination or diversion of its natural factors.
This fundamental conclusion of criminal statistics is so important that we must confirm it by adding to the statistical data the general laws of biology and sociology. This is the more necessary because my position as first stated has met with some criticism.
In the first place, it is easily seen, when we compare the total result of crime with the varied character of its anthropological, physical, and social factors, that punishment can exert but a slight influence upon it. Punishment, in fact, by its special effect as a legal deterrent, acting as a psychological motive, will clearly be unable to
There is also a striking confirmation in the corresponding acquittals and condemnations of a more serious character. We see, in fact, that the more serious condemnations increase precisely when the acquittals decrease (as in the 4th, 6th, 7th, and 10th periods at the Assizes, and the 2nd, 5th, and 8th periods at the Tribunals); whilst in the years of more frequent acquittals there is also a diminution of more serious punishments, as in the 5th and 8th periods at the Assizes. That is to say, the two sets of statistics actually indicate a greater or less severity on the part of juries and judges.
This firmer repression is demonstrated in spite of the continued increase of attenuating circumstances, which rose at the Assizes from 50 per cent. in 1833 to 73 per cent. in 1806, and at the Tribunals from 54 per cent. in 1851 to 65 per cent. in 1886. Nevertheless it is a fact that the number of cases tried by default at the Assizes has continuously decreased from a yearly average of 647 in 1826-30 to one of 266 in 1882-6.
For Italy we have the following figures: {column missing head?} PRETORS. TRIBUNALS. ASSIZES. ------------------------------------------ Condemned to Imprisonment. Condemned Penal Servitude Slighter imprisonment. to death. for life. temporary punishts 1874 21 79 1.2 5.6 65 28 5 22 80 1.3 6.5 63 29 6 23 81 1.3 6.1 66 27 7 24 82 1.5 7.2 66 25 8 25 85 1 7.6 67 25 9 25 -- 1.2 6.3 67 25 1880 26 -- 1.3 5.5 68 25 1 24 81 1.7 6.1 65 27 2 23 81 1.5 6 66 27 3 23 81 1.7 5.4 64 29 4 23 81 1.3 5.3 64 30 5 23 81 1.6 5.4 63 30 6 21 81 1.6 5.7 62 30 7 21 83 1.1 5.8 63 30 8 21 82 1.2 4.7 65 29
Thus, once more, there has been no relaxation of repression, except in late years for those condemned by the Pretors to penal servitude for life.
The conclusion, therefore, is still the same, namely that judicial repression, in France and Italy, has grown stronger and stronger, whilst criminality has increased more and more.
In this fact, again, which confutes the common opinion that the sovereign remedy of crime is the greater rigour of punishment, we may fairly find a positive proof that the penal, legislative, and administrative systems hitherto adopted have missed their aim, which can be nothing else than the defence of society against criminals.
Henceforth we must seek, through the study of facts, a better direction for penal legislation as a function of society, so that, by the observation of psychological and sociological laws, it may tend, not to a violent and always tardy reaction against crime already evolved, but to the elimination or diversion of its natural factors.
This fundamental conclusion of criminal statistics is so important that we must confirm it by adding to the statistical data the general laws of biology and sociology. This is the more necessary because my position as first stated has met with some criticism.
In the first place, it is easily seen, when we compare the total result of crime with the varied character of its anthropological, physical, and social factors, that punishment can exert but a slight influence upon it. Punishment, in fact, by its special effect as a legal deterrent, acting as a psychological motive, will clearly be unable to