Criminal Sociology | ||
CONTENTS
CHAPTER I.
THE DATA OF CRIMINAL ANTHROPOLOGY. . . . . . . . . . . . . . . . 1
Origin of Criminal Sociology, 1—Origin of Criminal Anthropology, 4—Methods of Criminal Anthropology, 4—Relation between Criminal Anthropology and Criminal Sociology, 5—Criminal Anthropology studies the organic and mental constitution of the criminal, 7— The criminal skull and brain, 7—Criminal physiognomy, 8—Physical insensibility among criminals, 9—Criminal heredity, 9—Criminal psychology, 9—Moral insensibility among criminals, 10—The criminal mind, 10. II. The data of criminal anthropology only applies to the habitual or congenital criminal, 11—The occasional and habitual criminal, 11—Comparison between the criminal and non-criminal skull, 12—Anomalies in the criminal skull, 12—The habitual criminal, 13—The crimes of habitual criminals, 14—The criminal type confined to habitual criminals, 18—The proportion of habitual criminals in the criminal population, 18—Forms of habitual criminality, 19—Forms of occasional criminality, 21— Classification of criminals, 23—Criminal lunatics, 26—Moral insanity, 26—Born criminals, 28—Criminals by acquired habit, 30—Criminal precocity, 31—Nature of juvenile crime, 32—Relapsed criminals, 35—Precocity and relapse among criminals, 38— Criminals of passion, 39—Occasional criminals, 41—Differences between
CHAPTER II.
THE DATA OF CRIMINAL STATISTICS. . . . . . . . . . . . . . . . .51
Value of criminal statistics, 51—The three factors of crime, 52— Anthropological factors, 53—Physical factors, 53—Social factors, 53—Crime a product of complex conditions, 54—Social conditions do not explain crime, 55—Effects of temperature on crime, 58— Crime a result of biological as well as social conditions, 59—The measures to be taken against crime are of two kinds, preventive and eliminative, 61—The fluctuations of crime chiefly produced by social causes, 61—Steadiness of the graver forms of crime, 63— Effect of judicial procedure on criminal statistics, 64—Crimes against the person are high when crimes against property are low, 64—Is crime increasing or decreasing? 64—Official optimism in criminal statistics, 67—Density of population and crime, 73— Conditions on which the fluctuations of crime depend, 77— Quetelet's law of the mechanical regularity of crime, 80—The effect of environment on crime, 81—The effect of punishment on crime, 82—The value of punishment is over-estimated, 82— Statistical proofs of this, 86—Biological and sociological proofs, 92—Crime is diminished by prevention not by repression, 96—Legislators and administrators rely too much on repression, 98—The basis of the belief in punishment, 99—Natural and legal punishment, 103—The discipline of consequences, 104—The uncertainty of legal punishment, 105—Want of foresight among criminals, 105—Penal codes cannot alter invincible tendencies, 106—Force is no remedy, 107—Negative value of punishment, 109. II. Substitutes for punishment, 110—The elimination of the causes of crime, 113—Economic remedies for crime, 114—Drink and crime, 116—Drunkenness an effect of bad social conditions, 120—Taxation of drink, 120—Laws against
CHAPTER III.
PRACTICAL REFORMS. . . . . . . . . . . . . . . . . . . . . . . 143
Criminal sociology and penal legislation, 143—Classification of punishments, 144—The reform of criminal procedure, 145—The two principles of judicial procedure, 147—Principles determining the nature of the sentence, 147—Present principles of penal procedure a reaction against mediæval abuses, 147—The "presumption of innocence," 148—The verdict of "Not Proven," 149—The right of appeal, 151—A second trial, 151—Reparation to the victims of crime, 152—Need for a Ministry of Justice, 153— Public and private prosecutors, 154—The growing tendency to drop criminal charges, 155—The tendency to minimise the official returns of crime, 156—Roman penal law, 156—Revision of judicial errors, 158—Reparation to persons wrongly convicted, 158— Provision of funds for this purpose, 160—Reparation to persons wrongly prosecuted, 161—Many criminal offences should be tried as civil offences, 162—The object of a criminal trial, 163. II. The crime and the criminal, 164—The stages of a criminal trial, 165— The evidence, 166—Anthropological evidence, 166—The utilisation of hypnotism, 168—Psychological and psycho-pathological evidence, 168—The credibility of witnesses, 168 Expert evidence, 169—An advocate of the poor, 172—The judge and his qualifications, 172— Civil and criminal judges
Criminal Sociology | ||