The paradox of the professional criminal: Social structure and systemic failure in criminology

“ THE ANTI-SOCIAL INDIVIDUALS. The anti-social individuals are included in a group that has adequate intelligence, but has a certain dullness of perception in regard in social customs. They are disinclined to work, are lazy, untruthful, irritable, vain, self-satisfied, and most important of all, are incapable of any deep emotion. ”

“ Then there is the extraordinary class of people whom we may describe by a stronger term than those already employed. We find not only the unsocial, the negatively unfit, those whom society puts away with pity in its heart; there are also the antisocial, the class whom we usually designate as criminals. These persons, like the others, are variations; but they seem to be variations in quite another way. They do not represent lack on the intellectual side always or alone, but on the moral side, on the social side, as such. ”

“ Under the classification of the unfit he places all those persons who, on account of mental, moral or physical defect, constitute a burden to society. These are, principally, the epileptic, the pauper, the insane and the criminal. ”

“ By the instinctive criminal is understood a man in whom the criminal instinct has gained a supremacy [Pg 20] over the social instinct. He is not only anti-social in deed but also in character. (It would be a mistake to term him anti-social in nature, for that would indicate that he was absolutely hostile to humanity. One, anti-social in character, is capable of betterment, and this is possible of every man.) Many causes operate to account for his production, some of them reaching far back into his ancestry. When this is the case some physical handicap is always present, such as e.g. ”

“ It is an important truth, unduly neglected in times past, that to a very large extent criminals are not normal and healthy human beings, and that crime is in great measure the product of physical and mental abnormality and degeneracy. It has been too much the practice to deal with offenders on the assumption that they are ordinary types of humanity. ”

“ The incorrigible criminal is worse than the leper because he deliberately and purposely defies society and spreads his contagion. It can hardly be questioned that the permanent segregation of the professional criminal class would very greatly diminish crime, nor can it be questioned that society has the right to adopt such a measure of protection, nor that it would not be entirely practicable. ”

“ To the astonishment of the watchers they beheld no marauding party such as they had been led to expect, but a very orderly company of some twenty men, soberly arrayed in leather hacketons and salades of bright steel, marching sword on thigh and pike on shoulder. At the head of this company rode a powerfully-built man on a great sorrel horse, at sight of whom the fool swore softly in astonishment. In the middle of the party came four litters borne by mules, and at the side of one of them rode a slender, graceful figure that provoked from Peppe a second oath. ”

“ The occasional criminal is largely a negative creature, who yields himself when temptation and the stimulus of opportunity exceed his resistive power. The habitual and professional criminal represents degree rather than kind. Criminality is to him a profession, a fine art, and susceptible of division into specialties. ”

“ Organization in an individual creature is made possible only by dependence of each part on all, and of all on each. Now, this is obviously true also of social organization. A member of a primitive society cannot devote himself to an order of activity which satisfies one only of his personal wants, thus ceasing the activities required for satisfying his other personal wants, unless those, for whose benefit he carries on his special activity in excess, supply him with the benefits of their special activities. ”

“ A social organism of any sort whatever, large or small, is what it is because each member proceeds to his own duty with a trust that the other members will simultaneously do theirs. Wherever a desired result is achieved by the co-operation of many independent persons, its existence as a fact is a pure consequence of the precursive faith in one another of those immediately concerned. ”

“ Observe, ye vain and frivolous, how vanity and crime harmonise. The Spanish robbers are as fond of this species of display as their brethren of other lands, and, whether in prison or out of it, are never so happy as when, decked out in a profusion of white linen, they can loll in the sun, or walk jauntily up and down.” He then describes the principal features of Spanish robber foppery. [62]
More significant and even more widely spread is the moral vanity of criminals. “In ordinary society,” said Vidocq, “infamy is dreaded; among a body of prisoners the only shame is not to be infamous ”

“ In short, the ordinary criminal is unsound and diseased in mind and body.
To deal with this sort of human decadent is, therefore, the most interesting problem that can be offered to the psychologist, to the physiologist, to the educator, to the believer in the immortality of the soul. He is still a man, not altogether a mere animal, and there is always a possibility that he may be made a decent man, and a law-abiding, productive member of society. ”

“ In the sane conception of our time the criminal is a mischievous element disturbing the social order, and, in the interest of that order, he must be isolated or put out of existence. It is not the guilt, but the social effect, which we regard. ”

“ The world and the criminal’s friends are startled some day by a great crime, but that crime is linked on to a chain of slight, occasional, sporadic vices and offences. Sometimes we can trace out these links. Barré and Lebiez were two young French criminals who attracted attention some years ago. They were both of good family, both very intelligent, the former about to enter on a commercial life, the latter on the eve of becoming a doctor of medicine. At this point they murdered an old woman to rob her, and cut up the body to dispose of it. The crime was deliberate and carefully prepared ”

“ At any rate, it is a statement impossible of proof, and one which must always remain a matter of opinion. Because certain clumsy criminals have placed themselves in full view of that dull dog, the Law, we are asked to believe that crime is invariably awkward. The logic is not very obvious. I am convinced that many a delightful member of society has found it necessary at some time or other to remove a human obstacle, and has done so undetected and undisturbed by those pangs of conscience which Society, afraid of itself, would have us believe wait upon the sinner.
Israel Rank. ”

“ An organization may have criminal purposes and commit criminal acts although one or many of its members were without personal knowledge thereof. If a person joined what he thought was a social club but what in fact was a gang of cutthroats and murderers, his lack of knowledge would not exonerate the gang considered as a group, although it might possibly be a factor in extenuation of a charge of criminality brought against him for mere membership in the organization. ”

“ A person can be a member of a criminal organization even though he does not formally belong to the organization. The evidence is all the more exhaustive if a person is formally put on the list of the membership of a criminal organization. However, the formal membership of a criminal organization is not the only basis of criminal responsibility of a person. A member of the organization should know what is the nature of the organization, what are its objectives. ”

“ The professional criminal is not, in his own class, the revolutionary creature that he seems when preying upon the classes above him. His attitude toward society in general is without doubt disrespectful and anarchistic, and it is usually immaterial to him what happens to society as such, so long as he can make a "stake"; but in his own environment he is one of the most conservative of human beings. There is no class, for instance, where old age and mature opinion receive more respect and carry more weight ”

“ In private life this is so, and when a man is called an oculist, a photographer, or a grocer, we immediately know his place and importance as a member of society. When a barber dubs himself a "tonsorial artist," and when the Government, with its red tape, assembles lawyer, physician, and statistician under the omnium gatherum title of "clerk," it is an offense against good English language. Since the true worker is always an enthusiast in his profession, and resents being classified under any other head, it is equally an injury to himself. ”

“ Society prepares crimes, as Quetelet said; the criminal is the instrument that executes them. “The social environment,” Lacassagne has well said, “is the cultivation medium of criminality; the criminal is the microbe, an element which only becomes important when it finds the medium which causes it to ferment: every society has the criminals that it deserves.”
It is impossible to over-estimate the importance of the social factor in crime. To some extent it even embraces the others, and can be made to regulate and neutralise them. ”

“ The man must be treated as though afflicted with a serious illness and removed from society, for which, however, he may and should be made to work. He insists that these questions are of vital importance to every nation, and asserts repeatedly Enrico Ferri. that teachers in ragged schools and founders of polytechnics are patriots and philanthropists in the highest sense of the words, because helping to stamp out crime more than all the long-term sentences in the world. Crime is at once a biological and a social phenomenon. The criminal is a microbe which only flourishes on suitable soil. ”

“ It is society, in a way, which prepares them, and the criminal is only the instrument that executes them.
“Every social state supposes, then, a certain number and certain order of crimes as a necessary consequence of its organization. This remark, which might appear discouraging at first sight, becomes consoling, on the contrary, when we consider it more closely, since it shows the possibility of the improvement of men, by the modification of their institutions and habits and whatever, in general, influences their manner of being. ”

“ The organization of the society of today is such that it awakens in a man all evil qualities. The greater part of mankind live in conditions of the greatest poverty, and become physically, intellectually, and morally inferior. The working classes are housed in unsanitary dwellings, work too hard and too long, and are insufficiently clothed and nourished.
Improper production and distribution of wealth are the causes of the prevalence of disorder and anarchy. ”

“ How far wrong we should be in such an environment simply to contrast the delinquent with the honest man! It is two social states that are contrasted; the one is based upon comfortable means, sociability, mutual protection, useful work, and thrift; the other upon poverty, isolation, egoism, and unproductive labor. And in the great urban agglomerations, pauperism, mendicity and vagrancy, idleness, the spirit of adventure, prostitution, the dissipation of strength, everything, in short, naturally concurs in developing social anemia. ”

“ But with few exceptions, the criminal comes from the walks of the poor and has no education or next to none. For this society is much to blame. Sometimes he is obliged to go to work too soon, but often he cannot learn at school. This is not entirely the fault of the boy's heredity ”

“ A society in which a single honest man of normal capacity is definitely unable to find the means of maintaining himself by useful work is to that extent suffering from malorganization. There is somewhere a defect in the social system, a hitch in the economic machine. Now, the individual workman cannot put the machine straight. He is the last person to have any say in the control of the market. ”

“ Society takes upon itself the right to inflict appalling punishment on the individual, but it also has the supreme vice of shallowness, and fails to realise what it has done. When the man’s punishment is over, it leaves him to himself; that is to say, it abandons him at the very moment when its highest duty towards him begins. It is really ashamed of its own actions, and shuns those whom it has punished, as people shun a creditor whose debt they cannot pay, or one on whom they have inflicted an irreparable, an irremediable wrong. ”

“ The relation of society to the individual has been one long conflict. This is necessarily true because every human organism has instincts, feelings and desires and is naturally impatient at any limitations placed upon it unless self-imposed. On the other hand, organized society functions to preserve itself, and if the activities of the individual are hostile to this preservation the individual must give way. ”

“ Even if we accept organized charity at its own valuation, and grant that it does the best it can, it is exposed to a more profound criticism. It reveals a fundamental and irremediable defect. Its very success, its very efficiency, its very necessity to the social order, are themselves the most unanswerable indictment. Organized charity itself is the symptom of a malignant social disease. ”

“ The average mind is slow in grasping a truth, but when the most thoroughly organized, centralized institution, maintained at an excessive national expense, has proven a complete social failure, the dullest must begin to question its right to exist. The time is past when we can be content with our social fabric merely because it is "ordained by divine right," or by the majesty of the law. ”

“ So that a basis for the establishment of a qualified electorate and for the exclusion therefrom of the disqualified is found in the primary fact of the existence of two classes of humanity, the one including the socially fit, the socially organized, the members of the Social Commonwealth; and the others the non-members of that organization. As already stated, not all the inhabitants of our borders are the lieges of Society; there is the considerable body of the unsocial; comprising those cold and indifferent to the social cause, the socially worthless, the nondescript and the rabble ”

“ The problem of abnormality—crime, vagabondage, prostitution, alcoholism, etc. How far is abnormality the unavoidable manifestation of inborn tendencies of the individual, and how far is it a matter of deficient social organization,—the failure of institutional influences? There is a quantitative difference of efficiency between individuals, but if there is hardly a human attitude which if properly controlled and directed could not be used in a socially useful and productive way, must there remain a permanent qualitative difference between socially normal and anti-social actions? ”

“ We do not gain the protection of society, and we do not gain the reformation of the criminal. These two statements do not admit of contradiction. Even those who cling to the antiquated notion that the business of society is to punish the offender must confess that in this game society is getting the worst of it. Society suffers all the time, and the professional criminal goes on with his occupation, interrupted only by periods of seclusion, during which he is comfortably housed and fed. The punishment he most fears is being compelled to relinquish his criminal career. ”