Criminalist

“ With the capture of the criminal the detective's duty ceases, and all the sympathetic promptings of his nature have full play. He has performed his duty to the state, to the law and to society, and that done, his knowledge of the sufferings which crime have caused leads him to acts of kindness and of practical assistance. To-day, I have some of the warmest and most grateful friends among the families of the men whom I was compelled to bring to justice, and in many cases the criminals themselves have acknowledged my actions, and have been better men in consequence. ”

“ It may be added that, if the slight deterrent influence which it is possible for punishment to exercise depends, with its adaptation to various types of criminals, on the certitude and promptitude of its application, the others depend precisely and solely on the organisation of the police, and of penal procedure. ”

“ Crime and vice are two terms used for the infraction of different kinds of laws—social and moral—and detectives may be conveniently classed in the same way. The detectives who deal with the transgression of social laws, including such crimes as counterfeiting coin and notes, railroad bonds, scrip, etc., forgers, embezzlers, swindlers, and the wide class of criminals generally, are exceedingly useful members of the community when they are inspired by a high sense of duty, and guided by principles of truth and integrity. ”

“ 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. ”

“ When the criminal is a brutal, ignorant fool, the police in nine cases out of ten win. When the criminal is a resolute, educated, highly-intelligent man, the police in nine cases out of ten lose. If the police win, you generally hear all about it. If the police lose, you generally hear nothing. And on this tottering foundation you build up your comfortable moral maxim that Crime causes its own detection! ”

“ 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 born criminals and the occasional criminals constitute the majority of the characteristic and diverse types of homicide and thief. Prison governors call them ``gaol-birds.'' They pass on from the police to the judge and to the prison, and from the prison to the police and to the judge, with a regularity which has not yet impaired the faith of law-makers in the efficacy of punishment as a cure for crime. ”

“ Drew went on. “And yet eighty-five per cent of crimes are committed by professional criminals, men and women with records, who make a business of crime, who haven’t any other occupation, who don’t want any other, who wouldn’t know what you meant if you asked them to settle down and live an honest life. In this city one person out of every three hundred is a professional criminal. ”

“ 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. ”

“ 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." ”

“ Few complainants have ever before appeared in a police court, and are filled with repugnance at the rough treatment of prisoners and the suffering which they observe upon every side. After they have seen the prisoner emerge from the cells, pale, hollow-eyed, bedraggled, and have beheld the tears of his wife and children as they crowd around the husband and father, they begin to realize the horrible consequences of a criminal prosecution and to regret that they ever took the steps which have brought the wrong-doer where he is. ”

“ 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. ”

“ If a person be charged with the commission of murder, piracy, arson, robbery, or forgery within the United States of America, and ‘charged upon such evidence of criminality as according to the law of the place where the fugitive or person so charged shall be found would justify his apprehension and commitment for trial, if the crime or offence had been there committed,’ he may be apprehended, and his case is to be heard, and considered. ”

“ 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. ”

“ I have spoken of the criminal class as very limited; that is, the class that lives by the industry of crime alone. But it is not isolated, and it has widespread relations. There is a large portion of our population not technically criminals, which is interested in maintaining this criminal class. Every felon is a part of a vast network of criminality. He has his dependents, his allies, his society of vice, all the various machinery of temptation and indulgence. ”

“ The born criminal who has a congenital predisposition for crime; the insane criminal suffering from some clinical form of mental alienation, and whom even our existing penal code had to recognize; the habitual criminal, that is to say one who has acquired the habit of crime mainly through the ineffective measures employed by society for the prevention and repression of crime. ”

“ We may accept the unpleasant fact without theorising further as to the genesis of crime. I propose in these pages to take criminals as I find them; to accept crime as an actual fact, and in its multiform manifestations; to deal with its commission, the motives that have caused it, the methods by which it has been perpetrated, the steps taken—sometimes extraordinarily ingenious and astute, sometimes foolishly forgetful and ineffective—to conceal the deed and throw the pursuers{4} off the scent; on the other hand, I shall set forth in some detail the agencies employed for detection and exposure. ”

“ Suppose yourself a magistrate. A crime is committed; you are charged with the duty of investigating it, and you visit the prisoner to question him. Very well. This prisoner has, hitherto, succeeded in concealing his identity—this was the case in the present instance, was it not? Very well. Now, what would you do if, at the very first glance, you recognized under the prisoner’s disguise your best friend, or your worst enemy? ”

“ He says, as Benedikt said at the Congress at Rome, that all criminals are criminals by birth, so that there is no such thing as an occasional criminal, in the sense of a *normal individual casually launched into crime. ”

“ Nay, gentlemen, I need not ask you to imagine it. You were a part of the community. It came to you in your daily avocations, it sent a thrill through your beings and you felt that life was not secure. Every man turned detective. Every act and fact and thought that occurred to the thousand, to the million men all over the United States, was spread abroad and furnished and given for the identification of the criminal, and still it remained an impenetrable mystery. ”

“ It might be supposed that communities thus familiarized with the punishment of crime by public authority would rapidly develop a criminal jurisprudence by the simple and direct process of adding from time to time new crimes, perhaps in the order of their supposed enormity, to their catalogue of offenses. ”

“ The police, who are ever on the watch, immediately seize and carry off any offender, but from the statements of persons who have had an opportunity of observing, as well as from my own slight experience, I am convinced that there is an untold amount of misery and crime. ”

“ By no means, madame; the fanciful exists no longer in the East. There, disguised under other names, and concealed under other costumes, are police agents, magistrates, attorneys-general, and bailiffs. They hang, behead, and impale their criminals in the most agreeable possible manner; but some of these, like clever rogues, have contrived to escape human justice, and succeed in their fraudulent enterprises by cunning stratagems. ”

“ But in cases of obscure, non-professional crime the police are at a disadvantage. The criminal is unknown to them; there are no confederates from whom to get information; consequently they have no starting-point for their inquiries. ”

“ A criminal is one who violates a statute law, or, as we say, commits a crime. The human law takes cognizance of crime and not of sin. But all men who commit crime are not necessarily in the criminal class. Speaking technically, we put in that class those whose sole occupation is crime, who live by it as a profession, and who have no other permanent industry. They prey upon society. ”

“ I should, at all events, have less to fear from a legal investigation than from a madman, who, in defiance of custom and decorum, and regardless of domestic privacy, invades a home, and, with a knife at the throats of its inmates, demands 'your money or your life,' like any highway robber. ”

“ The details of the pursuit and capture of the criminals, with the trials and adventures of the detectives, form a most interesting and thrilling narrative, and give an insight into the ways adopted by those keen men who render crime doubly dangerous by making the punishment of the offenders approximately inevitable. ”

“ 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. ”

“ Criminal cases, such as robberies, assaults, forgeries, murders, and the like, are conducted in a different manner. The head of the police in the district where the crime was committed, is entrusted with the collection of the evidence. ”

“ Police authorities everywhere know that a man once a criminal is almost sure to commit another crime at the first opportunity; and for that reason they make it an invariable rule to keep a close watch over such persons. ”

“ It has recently been pointed out by Dr Anderson, of the Criminal Investigation Department, that despite the marked decrease of crime which we congratulate ourselves has been one of the most noteworthy features of the Victorian era, "the professional criminal is developing and becoming a serious public danger." [246] Since the abolition of transportation the company of criminals who are criminal by deliberate choice has been steadily increasing, and every mitigation of the penal code, every alleviation of prison existence, has helped to bring recruits to the profession. ”

“ The policeman who finds a drunken man or woman on his beat arrests the unfortunate with as much wrath and probably as much brutality as he would show a burglar or a murderer; the committing magistrate before whom the victim [Pg 127] is taken treats him or her precisely as he would treat a criminal; in the various penal institutions to which this man or woman is committed the idea upon which their whole treatment is based is that of punishment. ”

“ IT is not to be expected that law-makers or the administrators of legal justice should discriminate between spontaneous and imitative crime; but to the patient thinker, the medical scientist, and the practical philanthropist it is evident that the grades and distinctions of actual criminality are almost as various as the individual criminals. Even the word crime is very indefinite, and by no means always indicates the true character of an act usually so designated. ”

“ 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. ”

“ The police and their duties—Divided control—Need for knowledge of local peculiarities—The fear of “corruption”—The police cell—Cleanliness and discomfort—Insufficient provision of diet, etc.—The casualty surgeon—The police court—The untrained magistrate—The assessor—Pleas of “guilty”—Case—Apathy of the public—Agents for the Poor—The prison van—The sheriff court—The procurator-fiscal—Procedure in the higher courts—The Scottish jury.
To the majority of people the living representative of the law is the policeman. It is his duty to protect the citizens from evil-doers, and to arrest offenders. ”

“ These three distinct classes of criminals, whom we might style the degenerates, the derelicts, and the accidental offenders, need to be recognized in our criminal law and to be dealt with differently by our criminal courts and correctional institutions. The instinctive criminal can scarcely be adjusted to normal social life. ”