Enrico Ferri

“ It is this blind worship of punishment which is to blame for the spectacle which we witness in every modern country, the spectacle that the legislators neglect the rules of social hygiene and wake up with a start when some form of crime becomes acute, and that they know of no better remedy than an intensification of punishment meeted out by the penal code. If one year of imprisonment is not enough, we'll make it ten years, and if an aggravation of the ordinary penalty is not enough, we'll pass a law of exception. ”

“ This is to this day the current conception of crime. And the illusion of a free human will (the only miraculous factor in the eternal ocean of cause and effect) leads to the assumption that one can choose freely between virtue and vice. How can you still believe in the existence of a free will, when modern psychology armed with all the instruments of positive modern research, denies that there is any free will and demonstrates that every act of a human being is the result of an interaction between the personality and the environment of man? ”

“ Thereupon the judges and jurists protested that penal justice would be impossible, because it could not get any information, since a man suspected of a crime would not confess his guilt voluntarily. Hence they accused Beccaria of being the protector of robbers and murderers, because he wanted to abolish the only means of compelling them to a confession, the torture. But Cesare Beccaria had on his side the magic power of truth. He was truly the electric accumulator of his time, who gathered from its atmosphere the presage of the coming revolution, the stirring of the human conscience. ”

“ The teachers of classic criminology, who had taken kindly to the recommendations of Pessina and Ellero, urging them to study the natural sources of crime, met the new ideas with contempt, when the new methods made a determined and radical departure, and became not only the critics, but the zealous opponents of the new theories. And this is easy to understand. For the struggle for existence is an irresistible law of nature, as well for the thousands of germs scattered to the winds by the oak, as for the ideas which grow in the brain of man. ”

“ When justice is surprised by a beastly and strange crime, it feels the entire foundation of its premises shaking, it halts for a moment, it calls in the help of legal medicine, and reflects before it sentences. But in the case of those poor nameless creatures, justice does not stop to consider whether that microbe in the criminal world who steals under the influence of hereditary or acquired degeneration, or in the delirium of chronic hunger, is not worthy of more pity. ”

“ If it is certain that he has committed the crime, he should either be excluded from social intercourse or sentenced to mate good the damage, provided the criminal is not dangerous and the crime not grave. It is absurd to sentence a man to five or six days imprisonment for some insignificant misdemeanor. You lower him in the eyes of the public, subject him to surveillance by the police, and send him to prison from whence he will go out more corrupted than he was on entering it. It is absurd to impose segregation in prison for small errors. ”

“ Not until the experimental and scientific method shall look for the causes of that dangerous malady, which we call crime, in the physical and psychic organism, and in the family and the environment, of the criminal, will justice guided by science discard the sword which now descends bloody upon those poor fellow-beings who have fallen victims to crime, and become a clinical function, whose prime object shall be to remove or lessen in society and individuals the causes which incite to crime. ”

“ And we have but to look about us in the realities of contemporaneous life in order to see that the criminal code is far from being a remedy against crime, that it remedies nothing, because either premeditation or passion in the person of the criminal deprive the criminal law of all prohibitory power. The deceptive faith in the efficacy of criminal law still lives in the public mind, because every normal man feels that the thought of imprisonment would stand in his way, if he contemplated tomorrow committing a theft, a rape, or a murder. ”

“ For the segregation of the graver criminals, the management must be as scientific as it is now in insane asylums. It is absurd to place an old pensioned soldier or a hardened bureaucrat at the head of a penal institution. It is enough to visit one of those compulsory human beehives and to see how a military discipline carries a brutal hypocrisy into it. The management of such institutions must be scientific, and the care of their inmates must be scientific, since a grave crime is always a manifestation of the pathological condition of the individual. ”

“ And how is it possible to cling to that obsolete idea of moral guilt, according to which every individual is supposed to have the free choice to abandon virtue and give himself up to crime? The positive school of criminology maintains, on the contrary, that it is not the criminal who wills; in order to be a criminal it is rather necessary that the individual should find himself permanently or transitorily in such personal, physical and moral conditions, and live in such an environment, which become for him a chain of cause and effect, externally and internally, that disposes him toward crime. ”

“ It was all right to think so at a time when people had an entirely different idea of human beings. But the work of modern science, and its effect on practical life, has resulted in tracing the relations of each one of us with the world and with our fellow beings. And the influence of science may be seen in the elimination of great illusions which in former centuries swayed this or that part of civilized humanity. The scientific thought of Copernicus and Galilei did away with the illusions which led people to believe that the earth was the center of the universe and of creation. ”

“ It is vain to insist with such stubbornness as that of the classic school of criminology on juristic formulas by which the distinction between illegal appropriation and theft, between fraud and other forms of crime against property, and so forth, is determined, when this method does not give to society one single word which would throw light upon the reasons that make a man a criminal and upon the efficacious remedy by which society could protect itself against criminality. ”

“ Does it not happen every day in the administration of justice that the judges forget about the neutral expedient of the legislator who devised this relative progress of the penal code, which pretends to base the responsibility of a man on the neutral and naive criterion of a will without freedom of will? Do they not follow their old mental habits in the administration of justice and apply the obsolete criterion of the free will, which the legislator thought fit to abandon? ”

“ But persecutions, calumnies, criticisms, and opposition are powerless against an idea, if it carries within itself the germ of truth. Moreover, we should look upon this phenomenon of a repugnance in the average intellect (whether of the ordinary man or the scientist) for all new ideas as a natural function. For when the brain of some man has felt the light of a new idea, a sneering criticism serves us a touchstone for it. If the idea is wrong, it will fall by the wayside ”

“ In the first place, we must not be wilfully blind to facts and refuse to see that the citizens will protect themselves, if social justice does not do so. And from that to crime there is but a shot step. But which is the swampy soil in which this social disease can spread and persist like leprosy in tin collective organism? It is the economic poverty of the masses, which lends to intellectual and moral poverty. ”

“ We have now surveyed briefly the natural genesis of crime, as a natural social phenomenon, brought about by the interaction of anthropological, telluric, and social influences, which in any determined moment act upon a personality standing on the cross road of vice and virtue, crime and honesty. This scientific deduction gives rise to a series of investigations which satisfy the mind and supply it with a real understanding of things, far better than the theory that a man is a criminal because he wants to be. ”

“ Moreover, the economic factor exerts its crime-breeding influence also under the form of a superabundance of wealth. Indeed, in our present society, which is in the downward stage of transition from glorious bourgeois civilization, which constituted a golden page of human history in the 19th century, wealth itself is a source of crime. For the rich, who do not enjoy the advantage of manual or intellectual work, suffer from the corruption of leisure and vice. Gambling throws them into an unhealthy fever; the struggle and race for money poison their daily lives. ”

“ But wherever railroads and tramways exist, brigandage is a form of crime which disappears. You may insist on death penalties and imprisonment, but assault and robbery will continue, because it is connected with geographical conditions. Use on the other hand the instrument of civilization, without sentencing any one, and brigandage and robbery will disappear before its light. And if human beings in large industrial centers are herded together in tenements and slum hotels, how can a humane judge aggravate the penalties against sexual crimes? ”

“ If it is agreed that patricide is the gravest crime, we meet out the heaviest sentence, death or imprisonment for life, and then we can agree on a descending scale of crime and on a parallel scale of punishments. But the problem begins right with the first stone of the structure, not with the succeeding steps. Which is the greatest penalty proportional to the crime of patricide? Neither science, nor legislation, nor moral consciousness, can offer an absolute standard. Some say: The greatest penalty is death. ”

“ The judge does not ask for the advice of the court physician in the case of some forlorn criminal, but condemns him without a word of rebuke to society for its complicity. But in order to assuage his own conscience he grants him extenuating circumstances, which seem a concession of justice, but are, in reality, a denial of justice. For you either believe that a man is responsible for his crime, and in that case the concession of extenuating circumstances is a hypocrisy ”

“ Labor is the sole perennial energy of mankind which leads to social perfection. But if you have 100,000 persons in a city like Naples who do not enjoy the certainty and discipline of employment at methodical and common labor, you need not wonder that the uncertainty of daily life, an illfed stomach, and an anemic brain, result in the atrophy of all moral sentiment, and that the evil plant of the Camorra spreads out over everything. ”

“ Not until science had introduced the conception of a natural formation and transformation, of the solar system, as well as of the fauna and flora, did the human mind grasp the idea that thought and action can transform the world.
For this reason we believe that the study of the criminal, and the logical consequences therefrom, will bring about the complete transformation of human justice, not only as a theory laid down in scientific books, but also as a practical function applied every day to that living and suffering portion of humanity which has fallen into crime. ”

“ The evolutionary abnormal is often an instrument of human progress, not in the form of criminality, but in that of intellectual and moral rebellion against conditions which are sanctioned by laws that frequently punish such an evolutionary rebellion harder than atavistic crime, as they do in Russia, where capital punishment has been abolished for common crimes, but retained for political violations of the law! We are living in an epoch of transition from the old to the new, and contemporaneous humanity has an uneasy moral conscience in this critical time. ”

“ Taught by the masterly and inflexible logic of facts, we come to the adoption of the scientific method in criminal research and conclude that a simple and uniform remedy like punishment is not adequate to cure such a natural and social phenomenon as crime, which has its own natural and social causes. The measures for the preservation of society against criminality must be manifold, complex and varied, and must be the outcome of persevering and systematic work on the part of legislators and citizens on the solid foundation of a systematic collective economy. ”

“ One can, therefore, understand that a man, whose morality has been shaken by the pressure of increasing want, may be led to commit a crime against property or persons.
It is certainly quite evident, that economic misery has an undeniable influence on criminality. And if you consider, that about 300,000 criminals are sentenced in Italy every year, 180,000 of them for minor crimes, and 120,000 for crimes which belong to the gravest class, you can easily see that the greater part of them due mainly to social conditions, for which it should not be so very difficult to find a remedy. ”