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Sociology and Modern Social Problems

C >> Charles A. Ellwood >> Sociology and Modern Social Problems




(7) The influence of certain social institutions in producing crime must
be mentioned. Here comes in especially the lack of opportunity for
wholesome social amusements among our poorer classes, particularly in
our large cities. Lacking these, the masses resort to the saloon,
gambling-houses, cheap music and dance halls, and vulgar theatrical
entertainments. The influence of all of these institutions is
undoubtedly to spread the contagion of vice and crime among their
patrons.

(8) The influence of manners and customs upon crime cannot be
overlooked. The custom in certain communities, for example, of carrying
concealed weapons undoubtedly has much to do with the swollen homicide
statistics of the United States. Vicious and corrupting customs, such as
compulsory social drinking, and the like, undoubtedly greatly influence
crime. Even the luxury and extravagance of the rich might easily be
shown to have a demoralizing effect, both upon the upper and the lower
classes of society.

The list of causes of crime in the social environment might be
indefinitely extended until the student would perhaps think that
practically everything was a cause of crime in one way or another; and
it is true that everything that depresses men in society is a cause of
crime. However, if the student has gained an impression of the great
complexity of the causes of crime, that is the main thing.

A question may here be raised whether it is possible to reduce all the
causes of crime to causes in the social environment--that is, all
subjective causes to objective. Many writers have contended that this is
possible, but we shall see that there are causes in heredity and causes
in psychological conditions, to say nothing of some possible free will
in individuals, which cannot be derived from social conditions and which
would produce crime quite independent of objective social conditions,
unless these subjective factors were also controlled. There is no reason
to believe that a perfectly just social organization which did not
attempt to control heredity and the moral character of individuals would
succeed in eliminating crime. On the contrary, biological variation
alone arising from influences independent of the environment would
produce a certain amount of crime. Crime, in other words, is, to a
certain extent, like pauperism, an expression of the elimination of the
inferior variants in society, and will continue to exist as long as we
allow the process of evolution by natural selection to go on.

Nevertheless, it is true in a certain sense, as Lacassagne says, that
"every society has the criminals it deserves;" that is, every society
could, by taking proper means, practically eliminate crime and the
criminal class. This would have to be done, however, by something more
radical than a mere reorganization of human society in an industrial
way. Three things are necessary for society practically to eliminate
crime: first, the correction of defects in social conditions,
particularly of economic evils in society; second, the proper control of
physical heredity by a rational system of eugenics; third, the proper
education and training of every child for social life from infancy up.

_The Subjective Causes of Crime._ In order to see all that is
involved in the above program let us study somewhat the subjective
causes of crime. These may be divided into biological and psychological.
Among the biological causes of crime, and one which certainly cannot be
reduced to the environment, is sex. As we have already seen, crime is a
social phenomenon which is chiefly confined to the male sex. In 1904,
for example, 94.5 per cent of the prison population in the United States
were males, and in the statistics of convictions it is estimated that
ninety-one men are convicted for every nine women. The statistics for
all civilized countries show practically the same conditions, although
in most European countries the proportion of female prisoners is
somewhat higher, owing, undoubtedly, to certain influences in the social
environment.

Another subjective factor in crime, which again cannot be reduced to
environment, is age. Practically all crime falls in the active period of
life, and the bulk of it between the ages of twenty-one and forty years.
The average of men in our state penitentiaries is frequently not above
twenty-seven or twenty-eight years.

Other subjective biological conditions that cause crime may be summed up
under the word "degeneracy." These abnormal conditions, however, we
shall examine later.

Among the psychological conditions of the individual that give rise to
crime the most common are habits, aims, and ideals. Of peculiar interest
among personal habits that have an influence upon crime is intemperance,
and this is such an important cause of crime that we must stop to
examine it in some detail. It is often said that 95 per cent of the
crime of our country results from this cause alone. The Committee of
Fifty, however, investigated the cases of 13,402 convicts with reference
to this matter, and found that intemperance was a cause of crime in the
cases of 49.95 per cent. It was a chief cause of crime, however, only in
the cases of 31.18 per cent. In the remaining cases the intemperance was
that of ancestors or associates. Other investigators have found that
intemperance figures as a cause of crime in from 60 to 80 per cent of
the cases, but these investigations were not so full as that of the
Committee of Fifty, and it is safer to conclude, for the present at
least, that intemperance figures as a cause in about fifty per cent in
the cases of serious crime. The wonder is that any one cause could
figure in so many cases when there are so many varied influences in
society depressing men. Of course intemperance can, as has already been
said, in large part be ascribed to the influence of external stimuli in
the environment, but it has also causes in the biological and
psychological make-up of certain individuals that cannot be easily
reduced to environmental factors.

_Influence of Physical Degeneracy upon Crime_. By degeneracy we
mean, to use Morel's definition, "a morbid deviation from the normal
type." That is, degeneracy is such an alteration of organic structures
and functions that the organism becomes incapable of adapting itself to
more or less complex conditions. Ordinary forms of degeneracy that are
well recognized are feeble-mindedness, chronic insanity, chronic
epilepsy, congenital deaf-mutism, habitual pauperism, and the like. Now
there can be no doubt that criminality in some of its forms is related
to these functional forms of degeneracy. Even ordinary people have
noticed its similarity to insanity, while Lombroso has traced an
elaborate parallel between criminality and epilepsy. Without accepting
extreme views, it may be claimed that criminality is, in some cases, a
form of biological degeneracy for the following reasons:

(1) The investigations of criminal anthropologists have established the
fact that criminals as a class present a much larger number of
structural and functional abnormalities than does the average man. The
prisoners in our state prisons, for example, with few exceptions, could
not measure up to the requirements laid down by the United States Army
authorities for the enlistment of soldiers.

(2) Investigations, like that of the Jukes family by Dr. Dugdale, have
established the fact that criminals, paupers, imbeciles, drunkards,
prostitutes, and other degenerates frequently spring from the same
family stock. A very large percentage of the prisoners in our prisons
have come from more or less degenerate family stocks.

(3) Criminals more often show other forms of degeneracy than criminality
than does the average population; that is, criminals often belong to one
of the well-recognized degenerate classes, such as imbeciles,
epileptics, and insane.

These three arguments may be considered to be conclusive proof that
criminality is in some cases a manifestation of physiological
degeneracy; but they do not show that the bulk of criminals come from
physiologically degenerate stocks. On the contrary it is highly probable
that the marks of physiological degeneracy are not to be seen in from
more than 25 to 30 per cent of our criminal class. These marks of
degeneracy are of course especially common among the instinctive or born
criminals, and to some extent they are found among the habitual
criminals also.

_The Influence of Heredity on Crime_. A word must be said about the
influence of heredity on crime. The student will remember that,
according to the modern theory of heredity, acquired characters, or
characteristics, are not transmissible. Accordingly, when we find crime
running in a family for generations, as in the Jukes or Zero families,
we must assume either that the criminal tendency is transmitted by the
social environment or that it is due to some congenital variation in
some ancestor. In other words, if a person is a criminal by hereditary
defect, if the criminal tendency is born in him, as it is in the
instinctive criminal, he will transmit the tendency toward crime to his
offspring; but if a normal person becomes a criminal by acquired habit
he will transmit no tendency toward crime to his children, although his
children may of course acquire the tendency from their social
environment.

This is not saying, however, that in such cases as habitual drunkenness
and habitual vice an impaired constitution may not be transmitted to
offspring. But this, strictly speaking, is not the transmission of any
specific acquired characteristic, but only a general transmission of
impaired vitality which may show itself in crime and in various forms of
degeneracy. The germ cells are of course a part of the body, and
anything that profoundly impairs the nutrition of the body generally,
such as alcoholism and constitutional diseases, would also impair the
nutrition of the germ cells, and result in a weakened constitution in
offspring.

_Lombroso's Theory of Crime_. Lombroso, and the Italian school of
criminologists generally, attribute crime chiefly to atavism, that is,
reversion to primitive types. They claim that the criminal in modern
society is merely a biological reversion to the savage type of man; that
the criminal constitutes therefore a distinct "anthropological variety";
and that there is a marked "criminal type" which can be made out even
before a person has committed a crime. They say further that the
criminal type is marked physically by having five or more of the
stigmata of degeneration, and that it is marked mentally by having the
characteristics of the savage or nature man. We cannot stop to criticize
in full this completely biological theory of crime which is offered by
Lombroso and his followers. Undoubtedly crime has biological roots, and
these we have attempted to point out in discussing the influence of
degeneracy upon crime. But to claim that the criminal constitutes a
well-marked "anthropological variety" of the human species, as Lombroso
argues, is to set up a claim for which there is no foundation. What
Lombroso thinks are the marks of the criminal are simply the marks
belonging to the degenerate classes in general. That is, they are found
among the insane and feeble-minded, for example, as well as in some
classes of criminals. There is then no criminal type which clearly
separates the criminal from other classes of degenerates, and which will
mark a man out as belonging to the criminal class even before he has
committed a crime. Lombroso and some of his school have altogether
overemphasized the physical and anatomical side of the study of the
criminal, and slighted the sociological side of such study. Moreover,
Lombroso's statements, which he makes in very general terms, apply, if
they apply at all, not to criminals as a class, but only to instinctive
criminals, as indeed he himself has acknowledged.

Remedies for Crime.--The remedies for crime are dealt with by the
subsidiary science of penology, which may be regarded as a branch of
scientific philanthropy. We can only direct the student's attention here
to the vast literature on the subject and remark that the cure for crime
consists not in some social panacea or in social revolution, but in
dealing with the causes of crime so as to prevent the existence of the
criminal class. In a general way, we have already indicated in
discussing the remedies for poverty and pauperism what the steps must be
to eradicate crime. In order practically to wipe out crime in society,
as we have already said, three things are necessary. First, every
individual must have a good birth; that is, heredity must be controlled
so that only those who are physically and mentally sound are allowed to
marry and reproduce. The difficulties of doing this we have already
noted. Second, every individual must have a good training, both at home
and at school, so as to adjust him properly to the social life. His
education must fit him to take his place among other men, make him able
to take care of himself, and to help others; and make him, in every
possible way, acquainted with the social inheritance of the race. Last
but not least, just social conditions must be provided. Everything in
the social environment must be carefully looked after in order to insure
the best development of the individual and to prevent his environment
from being in any way a drawback to him.

These things, if it were possible to bring them about, would wipe out
crime, or, at least, minimize it to the lowest terms. Of course, this
cannot be done in a generation, perhaps not in many generations, but it
is evident that the problem of crime is in no way an insoluble problem
in human society. With time and care and scientific knowledge, crime, as
well as poverty and pauperism, could be wiped out.

But curative measures are important, also, in dealing with the criminal,
and each distinct class must be dealt with differently. We noted in the
beginning of the chapter the three great character types in the criminal
class: the instinctive criminal, in whom the tendency toward a life of
crime is inborn; the habitual criminal, who acquires the habit of crime
from his surroundings; and the single offender, who, while committing a
single offense, never becomes a criminal in the strictest sense. These
three distinct classes of criminals, whom we might style the
degenerates, the derelicts, and the accidental offenders, need to be
recognized in our criminal law and to be dealt with differently by our
criminal courts and correctional institutions. The instinctive criminal
can scarcely be adjusted to normal social life. He is, as we have
already seen, essentially a defective, usually more or less
feeble-minded. Reformation in the fullest sense of the word is almost
out of the question in his case. The proper policy for society with
reference to the instinctive criminal class, which constitutes but a
small portion of our total criminal population, would be segregation for
life. Practically, of course, this may have its difficulties until we
perfect our means of discovering slight mental defects in individuals
which make them incapable of social adjustment, but practically, also,
we have found means of recognizing this type by such marks as
incorrigibility, recidivism, and the stigmata of degeneracy.

The habitual criminal, who originally was a normal person, can be, at
least in the early part of his career, fully reformed. Children and
adolescents, even though habitual offenders, are easily susceptible of
reformation, but this is difficult with the adult habitual offender past
thirty years of age who has a long criminal record behind him. Like the
instinctive criminal, he is scarcely capable of reformation. Hardened
habitual offenders, and especially professional criminals, should,
therefore, be sentenced upon indeterminate sentences, terminable only
when adequate evidence of their reformation has been secured. This can
best be accomplished by what is known as the "habitual criminal act,"
providing that persons guilty of three or four felonies shall be sent to
prison for life, to be released only upon satisfactory evidence of
reformation.

The single offender, who is usually a reputable citizen who commits
crime through passion or through great temptation, can usually best be
dealt with outside of prison walls. The young single offender, if not
properly handled, may be easily transformed into an habitual criminal.
On the whole, a young single offender who has had no criminal record is,
perhaps, best dealt with by the system of probation which we will note
later. On the other hand, certain single offenders past thirty years of
age, such as bribe-givers and bribe-takers, society may have to punish
in order to make an example of. Exemplary punishment is, undoubtedly,
still necessary in some cases, and in the main it should be reserved for
this class of mature offenders in society who have otherwise lived
reputable lives. Just how far exemplary punishment should be used in
society as a deterrent to crime is a disputed question among
penologists. Whether, as in cases of homicide, it should ever go to the
extent of capital punishment or not depends very much upon the
civilization of the group. In a civilization like ours, where blood
vengeance is so often demanded by mobs, it is probably unwise, for the
present at least, to seek the abolition of capital punishment for murder
in the first degree.

_The Prison System._ Every state should have at least six distinct
sets of institutions to deal with the criminal class.

1. County and city jails for the detention of offenders awaiting trial.

2. Reform schools for delinquent children under sixteen years of age who
require institutional treatment.

3. Industrial reformatories for adult first offenders between sixteen
and thirty years of age who require institutional treatment.

4. Special reformatories for vagrants, inebriates, and prostitutes.

5. A hospital prison for the criminal insane.

6. County and state penitentiaries for incorrigible, hardened criminals.

If any one of these sets of institutions is lacking in a state, it is
impossible for the state to deal properly in a remedial way with the
problem of crime. All these institutions, of course, need to be manned
by experts and equipped in the best possible way. The present condition
of our jails, of our penitentiaries, and to some extent of our reform
schools, frequently makes them schools of crime. Nothing is more
demoralizing in any community than a bad jail where criminals of all
classes are herded together in idleness. Again, the administration of
some of our state penitentiaries with an eye to profit only, makes them
places for the deformation of character rather than for its reformation.
Again, the lack of special institutions to deal with habitual vagrants,
drunkards, and prostitutes, is one of the great reasons why we find it
so difficult to stamp out crime. Into the details of the organization,
construction, and management of these institutions we cannot go in this
book. It is sufficient to say that all these institutions should furnish
specialized scientific treatment for the various delinquent classes with
which they deal, and to do this they should aim to reproduce the
conditions and discipline of free life as far as possible. These
institutions, in other words, with the exception of the penitentiaries
and other institutions for segregation, should aim at overcoming
defective character in individuals. Their work is mainly, therefore, a
work of remedying psychical defects in the individual which prevent his
proper adjustment to society. In the case of penitentiaries, however,
the work is one mainly of segregation, of providing humane care under
such conditions as least to burden society, and at the same time give
such opportunity as there may be for reformation.

_Substitutes for Imprisonment._ We have already noted that some
classes of offenders may be reformed outside of prison walls. This is
especially true of children, of the younger misdemeanants, and of those
who have committed their first felony. It has been found that by
suspending sentences in such cases, giving the person liberty upon
certain conditions, and placing him under the surveillance of an officer
of the court who will stand in the relation of friend and quasi-guardian
to him, that reformation can, in many cases, be easily accomplished.
This is known as the probation system. It has been characterized as "a
reformatory without walls." Originating in Massachusetts, it has been
increasingly put into practice of recent years in many states with much
success. The system, however, will not work well without trained
probation officers to watch over those who are given conditional
liberty. The practice of placing upon probation without probation
officers is a questionable one and is liable to bring in disrepute the
whole system. Probation is not mere leniency, as some suppose, but is
rather a system of reformation in line with the most scientific approved
methods.

Coupled with probation should often go fines and restitution to injured
parties. In such cases, when the person is placed upon probation, the
fine or restitution may often be paid in installments, and it has been
found to have a decidedly reformatory effect upon the character of the
offender. Fines without probation are, however, but little more than
retribution, or exemplary punishment.

_Delinquent Children._ The treatment of delinquent children
constitutes a special problem in itself. It has recently come to be well
recognized that criminal tendencies nearly always appear in childhood,
and that if we can overcome these tendencies in the delinquent child, we
shall largely prevent the existence of an habitual criminal class.
Strictly speaking, of course, the child is a presumptive rather than a
real criminal. The delinquent child is socially maladjusted and is
scarcely ever to be considered an enemy of organized society. Delinquent
children should be dealt with, therefore, as presumptive rather than as
genuine criminals. In general, therefore, they should not be arrested,
should not be put in jail with older offenders, and should be tried by a
special court in which the judge representing the state plays the role
of a parent. For the most part, delinquent children may be dealt with,
as we have already seen by putting them upon probation under the care of
proper probation officers. When the home surroundings are not good, such
children may often be placed in families and their reformation more
easily secured than if placed in institutions. In any case, they should
never be sent to the reform school except as a last resort. The parent
or guardian, also, should be held responsible for the delinquency of the
child if he is contributory thereto by his negligence or otherwise.

We may sum up this chapter, then, by repeating that the problem of crime
is in no way an insoluble problem in human society, though, perhaps, a
certain amount of occasional and accidental crime will always exist.
The solution of the problem, as we have seen, only demands that man
should secure the same mastery over his social environment and over
human nature that he has already practically achieved over physical
nature; and the gradual development of the social sciences will
certainly make this possible some time in the future.


SELECT REFERENCES


_For brief reading:_

ELLIS, _The Criminal._
WINES, _Punishment and Reformation._
BOIES, _The Science of Penology._


_For more extended reading:_

BARROWS, _The Reformatory System in the United States._
BARROWS, _Children's Courts in the United States._
DRAHMS, _The Criminal._
FERRI, _Criminal Sociology._
MORRISON, _Crime and Its Causes._
MORRISON, _Our Juvenile Offenders._
PARMELEE, _Anthropology and Sociology in Relation to Criminal Procedure._
TRAVIS, _The Young Malefactor._






CHAPTER XIV


SOCIALISM IN THE LIGHT OF SOCIOLOGY

There have been many "short-cuts" proposed to the solution of social
problems. Among these the various schemes for reorganizing human society
and industry, brought together under the general name of "socialism,"
have attracted most attention and deserve most serious consideration.
In criticizing the most conspicuous of these schemes of social
reconstruction, the so-called "scientific socialism," it should be
understood at the outset that there is no intention of questioning the
general aims of the socialists. Those aims, as voiced by their best
representatives, are in entire accord with sound science, religion, and
ethics. That humanity should gain collective control over the conditions
of its existence is the ultimate and highest aim of all science, all
education, and all government. No student of sociology doubts that
human society has steadily moved, though with interruptions, toward a
larger control over its own processes; and no sane man doubts that such
collective control over the conditions of existence is desirable. These
general aims, which the socialists share with all workers for humanity,
are not in question. What is in question are the specific means or
methods by which the socialists propose to reconstruct human society--to
gain collective control over the means of existence. In order to
criticize socialism we must see a little more narrowly what socialism is
and what it proposes to do.

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