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قراءة كتاب Crime and Its Causes

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Crime and Its Causes

Crime and Its Causes

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دار النشر: Project Gutenberg
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developments taking place in the society to which these figures refer.

In this connection, it may not be amiss to point out that the present tendency of legislation is bound to produce more crime. All law is by its nature coercive, but so long as the coercion is confined within a limited area, or can only come into operation at rare intervals, it produces comparatively little effect on the whole volume of crime. When, however, a law is passed affecting every member of the community every day of his life, such a law is certain to increase the population of our gaols. A marked characteristic of the present time is that legislative assemblies are becoming more and more inclined to pass such laws; so long as this is the case it is vain to hope for a decrease in the annual amount of crime. Whether these new coercive laws are beneficial or the reverse is a matter which it does not at this moment concern me to discuss; what I am anxious to point out is, that the more they are multiplied, the greater will be the number of persons annually committed to prison. In initiating legislation of a far-reaching coercive character, politicians should remember far more than they do at present that the effect of these Acts of Parliament will be to fill the gaols, and to put the prison taint upon a greater number of the population. This is a responsibility which no body of men ought lightly to incur, and in considering the advantages to be derived from some new legislative enactment, an equal amount of consideration should be bestowed upon the fact that the new enactment will also be the means of providing a fresh recruiting ground for the permanent army of crime.

A man, for instance, goes to prison for contravening some municipal bye-law; he comes out of it the friend and associate of habitual criminals; and the ultimate result of the bye-law is to transform a comparatively harmless member of society into a dangerous thief or house-breaker. One person of this character is a greater menace to society than a hundred offenders against municipal regulations, and the present system of law-making undoubtedly helps to multiply this class of men. One of the leading principles of all wise legislation should be to keep the population out of gaol; but the direct result of many recent enactments, both in this country and abroad, is to drive them into it; and it may be taken as an axiom that the more the functions of Government are extended, the greater will be the amount of crime.

These remarks lead me to approach the question of what is called "the movement" of crime. Is its total volume increasing or decreasing in the principal civilised countries of the world? On this point there is some diversity of view, but most of the principal authorities in Europe and America are emphatically of opinion that crime is on the increase. In the United States, we are told by Mr. D.A. Wells,[4] and by Mr. Howard Wines, an eminent specialist in criminal matters, that crime is steadily increasing, and it is increasing faster than the growth of the population.

Nearly all the chief statisticians abroad tell the same tale with respect to the growth of crime on the Continent. Dr. Mischler of Vienna, and Professor von Liszt of Marburg draw a deplorable picture of the increase of crime in Germany. Professor von Liszt, in a recent article,[5] says, that fifteen million persons have been convicted by the German criminal courts within the last ten years; and, according to him, the outlook for the future is sombre in the last degree. In France, the criminal problem is just as formidable and perplexing as it is in Germany; M. Henri Joly estimates that crime has increased in the former country 133 per cent. within the last half century, and is still steadily rising. Taking Victoria as a typical Australasian colony, we find that even in the Antipodes, which are not vexed to the same extent as Europe with social and economic difficulties, crime is persistently raising its head, and although it does not increase quite as rapidly as the population, it is nevertheless a more menacing danger among the Victorian colonists than it is at home.[6]

Is England an exception to the rest of the world with respect to crime? Many people are of opinion that it is, and the idea is at present diligently fostered on the platform and in the press that we have at last found out the secret of dealing successfully with the criminal population. As far as I can ascertain, this belief is based upon the statement that the daily average of persons in prison is constantly going down. Inasmuch, as there was a daily average of over 20,000 persons in prison in 1878, and a daily average of about 15,000 in 1888, many people immediately jump at the conclusion that crime is diminishing. But the daily average is no criterion whatever of the rise and fall of crime. Calculated on the principle of daily average, twelve men sentenced to prison for one month each, will not figure so largely in criminal statistics as one man sentenced to a term of eighteen months. The daily average, in other words, depends upon the length of sentence prisoners receive, and not upon the number of persons committed to prison, or upon the number of crimes committed during the year. Let us look then at the number of persons committed to Local Prisons, and we shall be in a position to judge if crime is decreasing in England or not. We shall go back twenty years and take the quinquennial totals as they are recorded in the judicial statistics:—

Total of the 5 years 1868 to 1872 774,667.
Total of the 5 years, 1873 to 1877, 866,041.
Total of the 5 years, 1884 to 1888, 898,486.

If statistics are to be allowed any weight at all, these figures incontestably mean that the total volume of crime is on the increase in England as well as everywhere else. It is fallacious to suppose that the authorities here are gaining the mastery over the delinquent population. Such a supposition is at once refuted by the statistics which have just been tabulated, and these are the only statistics which can be implicitly relied upon for testing the position of the country with regard to crime.

Seeing, then, that the total amount of crime is regularly growing, how is the decrease in the daily average of persons in prison to be accounted for?

This decrease may be accounted for in two ways. It may be shown that although the number of people committed to prison is on the increase, the nature of the offences for which these people are convicted is not so grave. Or, in the second place, it may be shown that, although the crimes committed now are equally serious with those committed twenty years ago, the magistrates and judges are adopting a more lenient line of action, and are inflicting shorter sentences after a conviction. Let us for a moment consider the proposition that crime is not so grave now as it was twenty years ago. In order to arrive at a fairly accurate conclusion on this matter, we have only to look at the number of offences of a serious nature reported to the police. Comparing the number of cases of murder, attempts to murder, manslaughter, shooting at, stabbing and wounding, and adding to these offences the crimes of burglary, housebreaking, robbery, and arson—comparing all these cases reported to the police for the five years 1870-1874, with offences of a like character reported in the five years

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