Sociology and Modern Social Problems Part 15

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The dependent child is rarely biologically defective. The problem is, usually, in his case, the development of character under proper social conditions. For this reason, both the state and private societies have claimed the field of care of dependent children. While private societies have accomplished in this respect some of the most notable work, it would seem, however, that the work is one which properly belongs to the state in its capacity of legal guardian of all dependent children. The state, through a properly organized system of child helping, could conceivably guarantee that every neglected and dependent child should have normal opportunities to become adjusted to the social life. The system in the state of Michigan, with its Public School for Dependent Children at Coldwater, and its plan of placing these children, after a few months, in good homes, is a system which cannot receive too high commendation. In general, it is practically agreed by experts that the dependent child cannot be well adjusted to the social life by being reared in an inst.i.tution, but that the better plan is to find suitable homes in which these children can be placed and reared under state supervision. In this way, practically every dependent child can be guaranteed a good chance in life. In the United States, private societies called "Childrens' Home Societies" are also doing this work with great success.

_Public and Private Charity._ As has already been indicated, the ordinary line to be observed between private charity and public relief is that to private charity should be given the more delicate and difficult tasks, such as readjusting the temporarily dependent persons, the care of, in some cases, dependent children and the like, while to public charity should be given the cases which need permanent relief in inst.i.tutions. This is only a conventional line, however, between private charity and public relief. As has already been pointed out, the state can conceivably, also, undertake the more delicate and difficult tasks of charitable aid, and probably it should do so as rapidly as it demonstrates its fitness to undertake this work, as the state, when once it has achieved certain standards, is a more certain and reliable agency than private inst.i.tutions or societies. But there is in philanthropic work, a large place for the private society or inst.i.tution. There will probably always be debatable cases which may better be looked after by private agencies than by public. There is, therefore, in every well-developed community, room for both public and private agencies, although there should be close cooperation where both exist one with the other. The church, through all its history, has undertaken philanthropic work with notable success, and it would be regrettable if the philanthropic activities of the church were to cease at this time, when they are needed as never before, in spite of the large development of public philanthropy. Church charity should, however, be made as scientific as any other form of charity, and should be carefully coordinated with the work of the state and other secular agencies. Among the secular agencies we have already mentioned the charity organization society as typifying in many ways the highest type of philanthropic activity of the present. It would seem that this society, organizing as it does all the philanthropic forces and agencies of the community, could scarcely be displaced by state activity; and that there would remain to this society, as well as many other private philanthropic societies, a very large field of activity in the future. State activity in the field of charity is, therefore, to be encouraged, but it must not be supposed that such activity can take the place of private charity.

_Preventive Agencies_. A very large task for both private societies and the state is to be found in the field of prevention. This field is so broad, however, that we cannot attempt to even mention the many different movements alone which characterize our present social development. Such are the movements for better housing, for better sanitation, for purer food, for juster economic conditions, for the prevention of disease, and the like. The main thing to be said with respect to these movements is that they need to be guided by the larger social view, they need synthesis in order that they may work toward a common goal, and in harmony, also, with the activities of the state. In the field of prevention the state has much to do, especially in forwarding education along lines of social need and in creating juster economic conditions.

We may, perhaps, sum up this chapter by saying that it is evident that the cure of poverty is not to be sought merely in certain economic rearrangements, but in scientific control of the whole life process of human society. This means that, in order to get rid of poverty, the defects in education, in government, in religion and morality, in philanthropy, and even in physical heredity, must be got rid of. Of course, this can only be done when there is a scientific understanding of the conditions necessary for normal human social life. What some of these requirements for a normal life are will be seen in a subsequent chapter, and it is only necessary to say in conclusion that the wisest measures for removing pauperism will be directed toward the prevention of its causes rather than toward the reclaiming of those who have already been caught in its meshes.

SELECT REFERENCES

_For brief reading:_

WARNER, _American Charities,_ Revised Edition.

DEVINE, _Misery and Its Causes._ HUNTER, _Poverty._

_For more extended reading:_

DUGDALE, _The Jukes._ DEVINE, _Principles of Relief._ HENDERSON, _Dependent, Defective and Delinquent Cla.s.ses._ RUS, _How the Other Half Lives._ ROWNTREE, _Poverty: a Study of Town Life._ _Proceedings of the National Conference of Charities and Correction._ _The Survey_ (formerly _Charities and the Commons_).

CHAPTER XIII

CRIME

The problem of crime is one of the great problems of social pathology.

There have been developed, in order to deal with this problem scientifically, a number of subsidiary sciences, especially Criminology and Penology, which are sciences dealing with the causes, nature, and treatment of crime. We cannot therefore deal with this problem adequately in this chapter, but again must refer the student to the literature on the subject.

The Definition of Crime.--The best definition of crime and the simplest is that it is a violation of law. It is evident from this definition that crime is primarily a legal matter; and as laws vary from age to age and from country to country, so too the definition of crime varies.

Nevertheless, because crime is a variable quant.i.ty that does not make it impossible of scientific treatment; for law itself is only one aspect or phase of the social life, namely, that which has to do with the control of conduct through organized social authority. Therefore, while crime is primarily a legal matter, it is also a social matter and has at the same time psychological and biological implications. While crime is an expression of social maladjustment defined by the law differently under different circ.u.mstances, it nevertheless has psychological and biological roots; and these we must take into account in a scientific study of crime.

The simplest and best definition of the criminal accordingly is a violator of the law. However, because the criminal lacks social adjustment the causes of this lack of adjustment are very often in certain psychological and biological conditions of the individual. While the criminal is defined by the law differently from age to age, he is nevertheless under all circ.u.mstances the socially peculiar and sometimes the psychologically and biologically peculiar person. Under all circ.u.mstances he is a variation from his group; and whether the causes of his variation are psychological or biological is the problem that concerns us.

But in the group of socially maladjusted persons whom we call criminals are many cla.s.ses and it is necessary to note the chief of these cla.s.ses before we can understand the many causes of crime.

_The cla.s.sification of criminals_. The legal cla.s.sification of criminals according to the nature of their crime is manifestly of no use for scientific purposes. What we need is a cla.s.sification of criminals according to their own peculiar nature. Inasmuch as the nature and conduct of a criminal person is largely a matter of his psychology the most scientific cla.s.sification of criminals must be upon a psychological basis; and a simple psychological cla.s.sification can be made upon the basis of habit, that is, as to whether the habit of crime is inborn, acquired, or not yet formed. According to this cla.s.sification then there are three main cla.s.ses of criminals: (i) The instinctive or born criminal. This is a person in whom the tendency to crime is inborn, and this inborn tendency is always due to some congenital defect. The most common type of the instinctive or born criminal is the moral imbecile, a person only slightly mentally defective who cannot distinguish right from wrong. It is evident that in the instinctive or born criminal biological causes of crime predominate. This cla.s.s is however relatively small among the general criminal cla.s.s, and it is estimated by experts that it const.i.tutes not more than from 10 per cent to 15 per cent of our prison population. (2) The habitual criminal. The habitual criminal is a normal person who has acquired the tendency to crime from his environment. The most marked type of the habitual criminal is the professional criminal, who is frequently a person above the average in ability and who deliberately chooses a career of crime, taking the risks of his calling. It is evident that the professional criminal cla.s.s is the most dangerous cla.s.s of criminals with whom society has to deal. A more common type of habitual criminal, however, is the occasional habitual criminal, a weak person who drifts into crime through temptation and who has not strength of character enough to throw off the habit. It is estimated that habitual criminals of both types mentioned const.i.tute from 40 per cent to 50 per cent of our prison population. (3) The single offender. The single offender is a normal person who commits only a single crime through some sudden stress or temptation, but lives ever after a law-abiding life. The two types of the single offender are the criminal by pa.s.sion and the accidental criminal. The criminal by pa.s.sion is a moral, and oftentimes a conscientious, person who commits a crime through some sudden stress of pa.s.sion, under great provocation.

The accidental criminal, on the other hand, is the weak type of moral person who yields once through some sudden temptation, but who regrets it ever afterward. It is estimated that single offenders const.i.tute from 40 per cent to 50 per cent of our prison population. Strictly speaking, they are only legal criminals, and not criminals in the sociological sense, being relatively moral and law-abiding citizens whose variation from the normal is confined to some single offense. Nevertheless, single offenders const.i.tute, as we have already seen, a very considerable proportion of our prison population.

If this cla.s.sification of criminals is correct, it is evident that it is very important both in studying the causes of crime and in devising practical measures for dealing with the criminal cla.s.s; for the instinctive criminal, the habitual criminal, and the single offender manifestly need very different methods of treatment. One of the gravest faults of the criminal law and of penal inst.i.tutions. .h.i.therto is that they have not provided for the different treatment of different cla.s.ses of criminals.

The Extent of Crime in the United States.--According to the United States census there were in prisons on June 30, 1904, a total of 81,772 prisoners above the age of five years serving sentences. Of this number 77,269 were males and 4503 were females; again, 55,111 were whites, and 26,661 were colored. Cla.s.sified according to the prisons in which they were found, 53,292 were in state penitentiaries, 7261 were in state reformatories, 18,544 were in county jails, and 2675 were in city prisons. These were only the persons serving prison sentences. An unknown number were in county and city jails awaiting trial and serving out fines. Again, it must be remembered that this was simply the prison population on a single day, June 30, 1904. During 1904 there were, according to the census, 149,691 persons committed to prisons to serve sentences. To all of the above we must add also the 23,034 juvenile delinquents who were found, on June 30, 1904, in the juvenile reformatories of the United States.

Unfortunately we have no figures from previous censuses with which we can compare the above, as the census of 1890 and previous censuses included prisoners awaiting trial. In 1890, however, there were, deducting the 15,526 awaiting trial and serving out fines, 66,803 persons above the age of five years serving sentences.

These prison statistics, however, give us little idea of the actual amount of crime in the United States, because they include only the persons committed to prison to serve sentences, and do not include the vast number who escape the meshes of the law or who simply receive fines, or whose sentences are suspended. It is estimated by competent authorities, basing their estimate upon the number of known convictions of crime in certain large cities, that there are not less than 1,000,000 convictions for crime, annually, in the United States--including, of course, convictions for both felonies and misdemeanors. That this is not an excessive estimate may be indicated by the fact that in the state of New York alone in 1900, a year before the custom of suspending sentence on probation came so largely into vogue, there were nearly 100,000 commitments to prison.

All these figures, however, fail to give us any very correct idea of the amount of serious crime in the United States--the prison statistics, because they understate the matter, the statistics of convictions, because they overstate. A peculiarity about serious crime in the United States, it must be remembered, is that so many persons escape through the meshes of the law, and this is particularly true in the case of the characteristic American crime of homicide. An enterprising newspaper, _The Chicago Tribune_, has for years, with the help of the a.s.sociated Press, collected statistics of homicide and suicide in the United States. While these statistics seem relatively incomplete and inaccurate for the earlier years, since 1892 they present every appearance of great accuracy, and have not been seriously impugned.

According to these statistics the United States has had for the last dozen years from six to ten thousand cases of homicide annually, including all cases where one person has killed another. In 1896 the number was 10,652, in 1899, 6225; in 1900, 8275; in 1904, 8482; in 1906, 9350; in 1908, 8592. The census of 1904 showed only 2444 persons committed to prison for homicide in that year, but these figures are not in conflict with those of _The Chicago Tribune_, because the census statistics omit the vast number of persons who committed homicide but who escaped, were not convicted, were killed, or for some other reason failed to show up in the statistics of commitment. Accepting _The Chicago Tribune's_ figures as relatively accurate, it may be remarked at this point that the number of homicides is far greater in the United States than in other civilized countries, with the exception of Italy, Spain, and some other countries of the Mediterranean region. England, for example, has only between three and four hundred cases of homicide annually as compared with our six to ten thousand, although England's population is about 30,000,000 as against over 80,000,000 for the United States. The greatest number of these homicides take place in the Southern and Western states, Texas leading, according to the statistics, with about one thousand homicides annually. This suggests that to some extent our high homicide rate is due to the survival of frontier conditions in a large number of the states, although it is probably even more due to American individualism and lawlessness, the tendency of every man to take the law into his own hands.

There can be no doubt that the amount of serious crime in the United States is relatively high, although there is no reason to believe that the serious crimes against property are proportionate to the serious crimes against persons.

_The Cost of Crime in the United States_. The Hon. Eugene Smith, a lawyer of New York city, in a paper read before the National Prison a.s.sociation in 1900, estimated that the criminal population of the United States costs not less than $600,000,000 annually. He based his estimate upon the cost of crime in New York city and other large cities of the country. He found that the probable expenses of government in the United States attributable to crime, that is, the cost of police, criminal courts, prisons, and other inst.i.tutions connected with the prevention and repression of crime, amounted to about $200,000,000 per year. This is the amount paid by the taxpayers for the repression and extirpation of crime annually. In addition there is the cost of the criminal cla.s.s through the destruction of property, their plunder, and the like. Mr. Smith estimated that there were no less than 250,000 dangerous criminals in the United States and that each such criminal cost the people of the United States, on the average $1600 annually.

Accordingly, the 250,000 criminals would cost a total of $400,000,000 annually, which, added to the $200,000,000 paid out in taxes for the repression of the criminal cla.s.s and protection against crime, makes a total of $600,000,000 paid out every year by the people of the United States as the cost of supporting the criminal cla.s.s. While this figure seems enormous, careful students of the matter consider that it is an underestimate rather than an overestimate of the total cost of crime. We may compare the amount with certain other figures. The cost of public education in the United States is about $350,000,000 annually; the annual value of our wheat crop is about $600,000,000, and of our cotton crop about the same. It is evident that the problem of crime is worthy of serious study even from a financial standpoint alone.

_Is Crime Increasing?_ How we answer this question will, of course, depend upon the length of time considered. We have no statistics going back further than fifty years in this country. Moreover, it is entirely possible to hold that while crime has decreased during the historic era among civilized peoples, it has increased during the last twenty-five or fifty years. All statistics of crime in the United States seem to show that it has increased. In 1850 for example, the number of prisoners was 6737 which was one prisoner to every 3442 of the population. But the census of 1850 was seriously defective, and we would better take the census of 1860 as the basis of our comparison. In 1860 the census showed a total prison population of 19,086, which was one prisoner to every 1647 of the population. In 1890 the census showed 82,329 prisoners in the total population, which was one in every 757. In other words, between 1860 and 1890 the total population of the country just doubled, while the number of prisoners quadrupled. Inasmuch as the census of 1904 was taken upon an entirely different basis, we cannot bring the comparison down to that year.

The value of these statistics has often been questioned, but it has been questioned chiefly by people who have not taken other corroborative evidence into account. The chief corroborating evidence is to be found in the statistics of prisoners in our state prisons from 1880 to 1904.

Now only those are sent to state prisons who are guilty of felonies, and the length of term of sentence in our state prisons has steadily shortened during the last twenty-five years, while within the last few years the practice of suspending sentence on probation for first felons has been largely introduced. We should expect, therefore, a decrease in the state prison population in proportion to the general population. But we find that the number in state prisons rose from 30,659 in 1880, to 45,233 in 1890, an increase of 47.5 per cent, while the general population increased only 24.86 per cent. Again the number rose in 1904 to 60,553, an increase of 33 per cent, while the general population increased about 30 per cent. Apparently, therefore, the amount of serious crime in the United States is increasing more rapidly than the population. Corroborating evidence is also found from Ma.s.sachusetts statistics, which indicate that between 1850 and 1880 the prison population increased twice as rapidly as the general population. Other evidence could be cited, but the statistics of our state penitentiaries may be considered conclusive when all facts are taken into consideration. There is apparently no escape from the conclusion that serious crime between 1880 and 1904 increased more rapidly than the population.

The amount of minor offenses, every one admits, has increased. The statistics of all European countries show this, and there is no reason to suppose that the United States is an exception in this regard.

England is the only country of the civilized world in which there has been apparently a decrease in proportion to population of both serious crimes and minor offenses. This decrease of crime in England may be attributed largely to England's excellent prison system, and also to the swiftness and certainty of English courts of justice.

The Causes of Crime.--The causes of crime may be cla.s.sified best, as we cla.s.sified the causes of poverty, into objective and subjective.

Objective causes are those outside of the individual, in the environment; subjective causes are causes in the individual, whether in his bodily make-up or his mental peculiarities.

_The Objective Causes of Crime_. The objective causes of crime may be divided into causes in the physical environment and causes in the social environment. The causes in the physical environment are relatively unimportant, but are worthy of note as showing how many various factors enter into this social phenomenon of crime. Climate and season seem to be the two chief physical factors that influence crime; and in connection with these we have two general rules, abundantly verified by statistics; namely, crimes against the person are more numerous in southern climates than crimes against property; and again crimes against the person are more numerous in summer than in winter, while crimes against property are more numerous in winter than in summer. All this is of course simply an outcome of the effect of climate and season upon general living conditions.

The causes of crime in the social environment are of course much the most important objective causes of crime, and, many students think, altogether the most important causes of crime in general. Let us briefly note some of the more important social conditions that give rise to crime.

(1) Conditions connected with the family life have a great influence on crime; indeed, inasmuch as the family is the chief agency in society for socializing the young, perhaps domestic conditions are more important in the production of crime than any other set of causes. We cannot enter into the discussion of the matter fully, but we have already seen in former chapters that demoralized homes contribute an undue proportion of criminals. It is estimated by those in charge of reform schools for delinquent children that from 85 to 90 per cent of the children in those inst.i.tutions come from more or less demoralized or disrupted families.

Illegitimate children notoriously drift into the criminal cla.s.ses, while dependent children who grow up in charitable inst.i.tutions are p.r.o.ne also to take the same course. Domestic conditions have of course an influence on the criminality or non-criminality of adults. This is best shown perhaps by the fact that the great proportion of criminals in our prisons are unmarried persons. Thus the United States prison census of 1904 showed that 64 per cent of all prisoners were single persons.

Statistics from other countries are practically the same. This means that, on the one hand, the family life is a preventive of crime, and on the other that the socially abnormal cla.s.ses who drift into crime are not apt to marry.

(2) Industrial conditions also have a profound influence upon criminal statistics. Economic crises, hard times, strikes, lockouts, are all productive of crime. Quetelet, the Belgian statistician, thought that the general rule could be laid down that, as the price of food increases, crimes against property increase, while crimes against persons decrease. At any rate, increase in the cost of the necessities of life is very apt to increase crimes of certain sorts.

The various industrial cla.s.ses show a different ratio of criminality. In general among industrial cla.s.ses the least crime is committed by the agricultural cla.s.ses, while the most crime is committed by the unemployed or those with no occupation. The census of 1904 showed that 50 per cent of all prisoners that year were non-agricultural laborers or servants.

(3) The demographical conditions, conditions concerning the distribution and density of the population, have an influence upon crime. In general there is more crime in the cities than in the country districts. The statistics of all civilized countries seem to show about twice as great a percentage of crime in their large cities as in the rural districts.

(4) The influence of race and nationality seems to be marked in criminal statistics. We have already noted that the ratio of criminality among the negroes in the United States is from four to five times higher than among the whites. We have also seen that among our recent immigrants the Southern Italians have a p.r.o.nounced tendency to crime, especially serious crime. Among our older immigrants the Irish on the other hand, owing largely to their love of liquor, have a p.r.o.nounced tendency toward minor offenses. Even in 1904, 36.2 per cent of the foreign-born prisoners were Irish, while the Irish const.i.tuted but 15.6 per cent of the total foreign-born population.

(5) Defects in government and law are among the most potent causes of crime. These are so numerous that we cannot attempt even to mention all.

It is obvious that such things as too great leniency on the part of our judges and shortness of sentence if convicted; difficulty or uncertainty in securing justice in criminal courts; costliness of obtaining justice in our civil courts; bad prison systems in which first offenders and hardened criminals mingle; lack of police surveillance of habitual criminals; corrupt methods of appointing the police; partisans.h.i.+p in the administration of government, and the like, all conduce to crime. And many of these things, we may add, have been especially in evidence in America.

(6) Educational conditions have undoubtedly a great influence upon crime. While education in the sense of school education could never in itself stamp out crime, still defective educational conditions greatly increase crime. This is shown sufficiently by the fact that illiterates are much more liable to commit crime than those who have a fair education. The prison census of 1904 showed that 12.6 per cent of the prisoners were illiterate, while only 10.7 per cent of the general population were illiterate; and of the major offenders not less than 20 per cent were illiterate.

The defects in our educational conditions which especially favor the development of crime in certain cla.s.ses are chiefly: lack of facilities for industrial education, lack of physical education, and lack of specific moral instruction. The need of these three things in a socialized school system need not here be more than emphasized.

The influence of the press as a popular educator must here be mentioned as one of the important stimuli to crime under modern conditions. The excessive exploitation of crimes in the modern sensational press no doubt conduces to increase criminality in certain cla.s.ses, for it has been demonstrated that crime is often a matter of suggestion or imitation. When 75 per cent of the s.p.a.ce in our daily newspapers is taken up with reports of crime and immorality, as it is in some cases, it is not to be wondered at that the contagion of crime is sown broadcast in society.

(7) The influence of certain social inst.i.tutions in producing crime must be mentioned. Here comes in especially the lack of opportunity for wholesome social amus.e.m.e.nts among our poorer cla.s.ses, particularly in our large cities. Lacking these, the ma.s.ses resort to the saloon, gambling-houses, cheap music and dance halls, and vulgar theatrical entertainments. The influence of all of these inst.i.tutions 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 cla.s.ses of society.

Sociology and Modern Social Problems Part 15

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