Criminal behavior

“ One of the most interesting and instructive departments of criminal literature is that dealing with the criminal’s mental attitude towards crime. In considering the problems of crime, and the way to deal with them, it is of no little importance to have a clear conception of the social justification for crime from the criminal’s point of view. ”

“ The casual provocation of crime in the born criminal is generally the outcome of an instinct or tendency already existing, and far more of a pretext than an occasion of crime. With the occasional criminal, on the other hand, it is the casual provocation which matures, no doubt in a favouring soil, the growth of criminal tendencies not previously developed. ”

“ In fact, the classic school of criminology regards all thieves as THE thief, all murderers as THE murderer, and the human shape disappears in the mind of the legislator, while it re-appears before the judge. Before the essayist and legislator, the criminal is a sort of moving dummy, on whose hack the judge may paste an article of the penal code. ”

“ I have watched the police committing one blunder after another, and to-day, when they are completely baffled and the public has started to write letters to the papers about another undetected crime and another criminal at large, I am having the time of my life. ”

“ In the old days, the criminal, visible to our physical eyes, would be seen, fleeing from justice, and after him, at a decent interval, the officers of the law, tailing away in a long perspective, properly exhausted and furious, their horses foaming and reeking with sweat in most appropriate style. ”

“ Garbed in the vestment of dishonor and disgrace, I myself am what the world terms a criminal. Should I not know the meaning of the appellation far better than the casual observer? For many years my life has been the life of an habitue of the underworld. Criminals, so called, have been my associates and my friends. I have known them in the moments of their success, I have known them in the hours of their failure. Failure that spells oblivion, the oblivion of cold gray walls and heart-breaking, monotonous, man-killing routine. ”

“ II. Since punishments, instead of being the simple panacea of crime which popular opinion, encouraged by the opinions of classical writers on crime and of legislators, imagine them, are very limited in their deterrent influence, it is natural that the criminal sociologist should look for other means of social defence in the actual study of crimes and of their natural origin. ”

“ And as the figures which I have given show that precocity and relapse are even more frequent for minor offences than for crimes, he thinks that they contradict instead of confirming my conclusions.
The mere seriousness of an act cannot by any means divide the categories of criminals; for homicide as well as theft, assault and battery as well as forgery, may be committed, though in different psychological and social conditions, as easily by born and habitual criminals as by occasional criminals and criminals of passion. ”

“ “Then if you wish me to tell what crime I have committed, explain to me in what a crime consists. For as my conscience does not accuse me, I aver that I am not a criminal.” ”

“ It can have no other end than to prove, first, that the person under trial is the author of the crime, and, then, to which type of criminals he belongs, and, as a consequence, what degree of anti-social depravity and re-adaptability is indicated by his physical and mental qualities. ”

“ He was a careful student of the police reports and the trials at the Central Criminal Court, and the more he studied those interesting records, the more he became convinced of the wickedness of human nature, the inefficiency of the police, and the tendency of accomplices to "split." ”

“ After every celebrated or startling crime, some weak-minded and impressionable persons go and commit the like, or give themselves up to the police under the impression that they have been guilty of the crime. ”

“ That there are foolish criminals who are discovered, and wise criminals who escape. The hiding of a crime, or the detection of a crime, what is it? A trial of skill between the police on one side, and the individual on the other. When the criminal is a brutal, ignorant fool, the police in nine cases out of ten win. ”

“ First: the determined and persistent criminal who lives by crime, desires to live by crime, and to whom no other life has any attraction.
Against these men, after being adjudged by a jury to be habitual criminals, we ought to be safeguarded even as we protect ourselves against known madmen. ”

“ As a general rule, they commence their career with just those crimes which distinguish it throughout, even when these are of the gravest kind, like robbery and murder. Rather may it be said that every age has its specific criminality, and this is the case especially with criminaloids. ”

“ In this connection, Lombroso has drawn a clear distinction between two varieties of occasional criminals: the ``pseudo-criminals,'' or normal human beings who commit involuntary offences, or offences which do not spring from perversity, and do not hurt society, though they are punishable by law, and ``criminaloids,'' who commit ordinary offences, but differ from true criminals for the reasons already given. ”

“ What wonder is it that in the confirmed criminal many faculties appear to have atrophied. They have obeyed a law of nature. The popular comment is no doubt—"what else do you expect? They deserve it all, they have brought it upon themselves." ”

“ When we speak of the repression of crime, we must first of all distinguish between that which is due to the general character of penal legislation, more or less severe, and that which is secured by the administration by the judges of the law as it is. ”

“ Indeed it is to be observed not only that the main and typical criminality has a sort of reflex criminality depending upon it, but also that an increase of more serious or more frequent crimes induces a crop of resistance to and assaults upon the guardians of public order, together with false witness, insults, avoidance of supervision, absconding, and the like. ”

“ Further, it is apparent that in all these countries the types of habitual criminality, with the exception of thefts and vagrancy, are in greater proportion at the assizes, on account of their serious character. ”

“ It is by a too familiar view of even the shadow of crime, that in certain minds the criminal idea may be developed. We need but abolish the mental barriers to crime to step from the criminal idea to the criminal act. ”

“ Many a larceny, robbery, possibly murder, many a crime springing from jealousy, many sexual offenses become intelligible when one learns that the criminal had at one time possessed the object for the sake of which he committed the crime, and having lost it had tried with irresistible vigor to regain it. ”

“ The Modern, or Positive, School of Penal Jurisprudence, on the contrary, maintains that the anti-social tendencies of criminals are the result of their physical and psychic organisation, which differs essentially from that of normal individuals ”

“ THE CRIMINAL LAW.—A crime is a wrong which the State recognizes as injurious to the public welfare, and punishes in a criminal action in its own name. There are certain leading principles of the American system of criminal law which must be kept in mind. ”

“ Criminals in this country, when the law took hold of them, used to be turned over to the care of men who often had more sympathy with the crime than with the criminal, or at least to those who were almost as coarse in feeling and as brutal in speech as their charges. ”

“ Crime may be regarded both objectively and also subjectively, i.e., as regards the deed itself and as regards the doer of the deed. In the past it was customary to consider the crime only and to punish the doer, or the criminal, according to the enormity of his deed. Scientific methods require, however, that we should study the criminal and ask ourselves "what is he?" ”

“ In other words, what is the responsibility of Society to the criminal? When the first crime is committed, generally in youth, and the criminal comes into the hands of the law, the first duty to him is to educate him if he be ignorant—as most criminals are. ”

“ This account of the considerations which have regulated the punishment of crimes explains the severity with which 'criminal negligence' is in some cases punished, and that severity is justified by the account given of the true principle of criminal law, the principle, viz., that crime should be punished according to the importance of the right which it violates, and to the degree of terror which in a well-organised society needs to be associated with the crime in order to the protection of the right. ”

“ But we must, with regret, profess our belief, that it has often far transcended these limits; and has exhibited itself in forms and modes, which, if permitted to dictate the tone of our criminal legislation, would tend to the rapid increase of crime. ”

“ We are generally informed that our penal systems exist for the purpose of repressing crime, and that punishment is thus inflicted upon the criminal in order that others may be deterred from following his example. ”

“ A student of pharmacy became a hangman for the same reason and a rich Dutchman paid the butchers for allowing him to kill oxen. If, then, one is dealing with a crime which points to extraordinary cruelty, how can one be certain about its motive and history without knowing the history of the criminal? ”

“ If the criminal, whilst at large, could count on a minimum of interference with his career of depredation, he had at the same time to reckon with a maximum of ill-treatment if ever he was deprived of his liberty. ”

“ In what is comprehended under the general and vague term of "crime," everything depends upon the values of the individual performer; and again and again do we find that a criminal has struck before counting the cost to himself, or considering the unsleeping detectives, hidden in his own faulty heart and brain, who will sooner or later discover and denounce him. ”

“ And again, since the social factors have special import in occasional crime, and crime by acquired habit, and since these are the most numerous sections of crime as a whole, it is clear that the periodic movement of crime must be attributed in the main to the social factors. ”

“ I have, in fact, always maintained, and I still maintain, that the "political criminal," whom some wish to class in a special category, does not constitute a peculiar anthropological variety, but that he can be placed under one or another of the anthropological categories of criminals of ordinary law, and particularly one of these three: the born criminal having a congenital tendency to crime, the insane-criminal, the criminal by stress of fanatical passion. ”

“ Notwithstanding these, crime is rife, and is rapidly increasing. Says Douglas Morrison:—"It is perfectly well known to every serious student of criminal questions, both at home and abroad, that the proportion of habitual criminals in the criminal population is steadily on the increase, and was never so high as it is now.... ”

“ The criminal law which had its origin when violence was rife is admirably adapted to the prevention, prosecuting and punishment of crude crimes, such as arson, rape, robbery, burglary, mayhem, assault, homicide, and "common-law" larceny,—theft accompanied by a trespass. In old times everything was against the man charged with crime—at least that was the attitude of the court and jury. "Aha!" exclaims the judge as the evidence goes in. ”

“ The man who deliberately violates the law by doing that which he knows to be wrong is a real criminal, whether he be a house-breaker, an adulterator of drugs, the receiver of a fraudulent assignment or a trade-mark thief, an insurance "grafter," a bribe giver, or a butcher who charges the cook's commission against next Sunday's delivery. ”

“ Physically, habitual criminals do not resemble born criminals, but they exhibit some of the characteristics of those offenders from whom their ranks are recruited, besides, in a more marked degree, certain acquired characters, like sinister wrinkles and a shifty and sneaking look. ”

“ The second part of the work turns upon the suspicion of a definite person when his own activity is interpolated as a cause of the crime. Under some conditions again, the effect of the crime on the criminal has to be examined, i.e., enrichment, deformation, emotional state, etc. ”

“ The various punishments which are inflicted upon our law breakers are fines, imprisonment, flogging, and death.
Fines produce a very useful means of dealing with persons whose offences show a tendency to crime rather than to actual criminality. In many cases the self-respect of the offender has not been sacrificed, and while under arrest the sense of shame is deeply aroused. ”

“ For instance, if we consider the three great classes of crimes against the person, against property, and against personal purity, it is evident that each class of determining causes, but especially the biological and social conditions, have a distinctly different influence in evolving homicide, theft, or indecent assaults. ”

“ Sure—we know the criminal, but to squelch him we have to learn his hangouts, study his modus operandi, and learn how to make his victims secure from his activities. Unless we do that, we can treat individuals from now to infinity and all we’ll have is more cases. ”

“ It is alleged, that over and above the deterring from crimes, which is effected by this, in common with the other methods of punishing, there is the additional advantage, of obliging the criminal to repair by his labour the injury which he has done to the community. ”

“ This does well enough for the purpose of illustrating the relative proportion of crimes to torts or wrongful acts in general, and, if a tiny dot be placed in the centre of the bull's-eye to represent those crimes which are actually punished, one gets an excellent idea of how infinitely small a number of these serve to keep the whole social fabric in order and sustain the majesty of the law. ”