Does heredity account for one quality more than another?—Impossibility of forecasting the conduct of others—Do criminals breed criminals?—The fit and the unfit—Unequal endowments—Ability and position—Inherited faculties and social pressure—Crime the result of wrongly directed powers—Original sin and heredity—Heredity behind everything.
Does heredity account for one quality more than another?—Impossibility of forecasting the conduct of others—Do criminals breed criminals?—The fit and the unfit—Unequal endowments—Ability and position—Inherited faculties and social pressure—Crime the result of wrongly directed powers—Original sin and heredity—Heredity behind everything.
Inthe effort to assign a general cause for criminality an undue emphasis may easily be placed on any one factor. There are those who seem to think that heredity is the main cause, but they rarely attempt to define the content of the term. In a sense heredity is the cause of everything, but in that case it cannot be held to be the cause of one thing more than of another. Suppose a man becomes insane at the age of thirty and it is shown that a number of his relatives, direct and collateral, have also been insane. If heredity accounts for his insanity what will account for his sanity? Such a man under treatment may recover, but sane or insane his heredity is not altered. The fact is that we none of us know enough regarding the qualities of our ancestors to be justified in imputing our inheritance of any special tendency to any particular one of them, and every successive generation implies a mixing, if not a blending, of very complex and sometimes opposing qualities.
If a man knows anything about anybody in thisworld surely it is about himself. His knowledge is incomplete, but it is more full and varied than his knowledge of any other body. He may be expected to know something about the qualities and faculties of his wife. Yet all he knows of himself and her, added to all he knows of the laws of heredity, does not enable him to forecast with any degree of accuracy the faculties and tendencies of his infant child, or to trace these back when they have developed.
In the case of criminals born and brought up in hotbeds of vice it is even more hopeless to trace back family history, because there is often in their case a grave uncertainty as to the personality of the male parent. To say that as wolves breed wolves criminals breed criminals is nonsense and mischievous nonsense. As canaries breed canaries do poets breed poets?
Criminals are men and women who have gone wrong; not necessarily because of the possession of certain powers which they have inherited, but because these powers have been used in a wrong direction. They come from all classes; and there is nothing to show that if their children were taken from them early in life and brought up in favourable surroundings they would take to crime; but there is an abundance of evidence on the other side.
There is a good deal of discussion nowadays regarding the fit and the unfit among us, and a tendency to forget that a classification of our fellow-citizens under one head or the other can only be made if we regard the terms as relative to the conditions under which they live. That very many prove their fitness to survive the continuous strain of economic pressure, can as little be questioned as that others sink under the ordeal. No one will deny that there is a good deal of unfitness shown by persons in a comfortableposition economically; and if some of the Apostles of Fitness had any sense of humour they would hold their tongues and hide themselves, for neither intellectually nor physically do they show much claim to present an ideal standard.
Nobody denies that men are unequally endowed. Some have a powerful physique; others have greater intellectual power. The usefulness of their endowment to themselves and to others will largely depend on the position in which they are placed. Put them to work unsuited for them, or place them in positions where their faculties are not allowed free play, and they may do very badly. The difficulty is to get the right man in the right place. When he is in the wrong place he may be a nuisance to himself and others; but it does not follow that placed in another position he would not be a useful member of society.
An attempt has been made to show that certain faculties are inherited and transmitted in certain families; but it is conveniently assumed that position is of no importance. Everybody knows that, in the professions chosen to illustrate the theory, promotion is not wholly dependent on ability. That a father and son have both been judges offers no presumption of special fitness on the part of the son. That high military rank has been held by several members of the same family need not prove any of them to be great soldiers; that the government of the State is now in the hands of one family and now in the hands of another does not show anything more than that these families have been in a position to secure the offices. It would be a new and startling doctrine to assert that the man who is best fitted for a position always obtained it. Everybody knows that the main consideration in determining an appointment is whethera man has influence enough to get it; and that influence need not depend on his personal ability, but on his position in relation to those in whose gift the appointment lies. Granted equal ability in two men, let one of them start with family or social influence and the other with none, and there can be no doubt as to what will happen. That an able man will obtain influence in time is highly probable, but by the time he has gained recognition he is likely to be too old to benefit much by it. The stupid man who has a clever father has a better chance than the clever man whose father has shown no special ability.
It is a very difficult thing for any man to learn the history of his family. In the case of the eminent you get no two biographies that are alike. An enquiry would show that this is equally true in the case of those who are not eminent. A man may have one reputation inside his family circle and quite a different reputation outside. We are all influenced in our conduct towards others by our opinions regarding them. A man who has pride in his ancestry will show it in his actions. There may be nothing to be proud about, but that will not prevent him playing his part. On the other hand, if he believes he has been disgraced by something that has been done by some member of the family, his conduct is likely to suffer from the belief. I have seen a woman whose brother was executed for murder sink under the disgrace into a condition of recklessness verging on insanity; and it is a matter of common observation that in some degree men have been broken in spirit by the shame brought upon them through the action of their relatives. It is impossible to discriminate between the part played by inherited tendencies and social pressure, in the production of certain acts.
Crime is not the result of inherited faculty, but of the direction in which that faculty is exercised. There are some families where the parents have been criminals and the sons have all done well; while the daughters have followed in the footsteps of their parents. In these cases it is probable that the determining factor has been the influence of the mother. Her criminal acts and methods were more susceptible of imitation on the part of the daughters than on the part of the sons, and the girls, even though they had been willing to leave the house, would have had to face life outside under greater difficulties than the boys.
The practice of singling out heredity as the cause of certain things to the exclusion of others has no sanction in experience. Our forefathers recognised that all men showed imperfections. They saw that one man was given to envy; another to lust; another to covetousness; another to wrath; and so on through all the deadly sins. They attributed these defects to our heritage of Original Sin. The theologian has been displaced by the scientific man, and if heredity is a newer name for our ignorance it does not fit the facts any better.
We inherit all the faculties and powers which we possess, but what they are only the event shows. Nothing can be taken out of a man but what is in him, but there may be a good deal in him which is never taken out. We may develop certain faculties, but not unless they are first present; and the stimulus that they obey at one period in our lives may fail at another. We may estimate the capabilities of a man who is dead from observation of what he has done, but we cannot say that he might not have done better or worse had his life been prolonged. In the case of great men this is recognised, and we have laments overtheir early death and speculations as to what they might have done, or regrets that they lived too long for their fair fame. It is the same in the case of small men as of great.
Heredity is behind everything; not merely behind some things. If it explains a man’s disease, in the same sense it must also explain his antecedent health. It cannot account for one part of his life more than another. Even those who attribute disease or misconduct to heredity seek to cure the diseased person and to correct his bad habits. Any success with which they meet is not obtained by altering his heredity, but by changing the conditions under which he has been living in such a way and to such an extent that he reacts favourably to the change. We are not warranted in saying of anybody that he is doomed by heredity to a life of vice or of crime. The conditions that suit one person may not be suitable to the healthy development of another, and the problem with regard to those who transgress our laws is to ascertain under what conditions they would behave best and place them there. Though their family history may be of the blackest; though their ancestors may have been vicious, it by no means follows that it is impossible for them to be otherwise. When a man has done wrong it does not help him to be informed that he cannot do better. He is often more than willing to transfer the blame to the shoulders of others. It is more profitable to teach and help him to do well than to encourage him to curse his grandfather.
There is only one way of finding out why people commit crimes and that is by making a patient enquiry in each case. The causes in many cases may be similar, but the part they play may be different.
INSANITY AND CRIME
Insanity and responsibility—Removal of the insane from prison—Crime resulting from insanity—Case of theft—Of embezzlement—Of fire-raising—Insanity and murder charges—The result of an act not a guide to the nature of the act—Observation of prisoners charged with certain offences—Insanity as a result of misconduct—Cases—The mentally defective—Cases.
Insanity and responsibility—Removal of the insane from prison—Crime resulting from insanity—Case of theft—Of embezzlement—Of fire-raising—Insanity and murder charges—The result of an act not a guide to the nature of the act—Observation of prisoners charged with certain offences—Insanity as a result of misconduct—Cases—The mentally defective—Cases.
Thereseems to be a widespread opinion that all criminals and offenders are more or less insane, but those who hold it have nothing to say in support of their view save that they cannot understand how certain crimes could be committed by any sane person. This is to beg the whole question, which is, how many persons who are charged with committing offences are found on examination to be unsound mentally?
Insanity has never been satisfactorily defined, but it is a term which in the legal sense connotes irresponsibility. Yet if all insane persons had no sense of responsibility it is difficult to imagine how they could be suffered to live. Even in lunatic asylums the great majority of the inmates can be induced to behave in such a way as to make it unnecessary to tie them up. They have a very large amount of liberty conceded to them without serious inconvenience to their neighbours and greatly to their own advantage. If they simply did what any stray notion impelled them to dothis would not be possible. Their affliction frees them from responsibility to the law for their actions; but in practice they have to show by their conduct that they can and will obey the rules of the institution in which they are placed before it is safe or reasonable to let them go freely about in it. The physician does not demand from them better conduct than their mental condition warrants him in expecting; but they learn, in so far as they are capable of learning, that their own actions will determine the degree to which they will be free from interference, and that the necessary result of misconduct will be increased restraint. Only in so far as they show a sense of responsibility is it safe to allow them to be free from supervision. A person may suffer from such a degree of mental unsoundness as will free him from responsibility for his actions in the eyes of the law, and yet be able to conform to the rules laid down for the guidance of his life by an asylum superintendent.
A very small proportion of prisoners are persons of unsound mind, and in most cases the mental unsoundness is the result of their own misconduct. In Scotland there is no difficulty in freeing insane persons from prison. By section 6 of the Criminal and Dangerous Lunatics (Scotland) Amendment Act, 1871, it is provided that “When in relation to any person confined in a local prison in terms of the Prisons (Scotland) Administration Act, 1860, it is certified on soul and conscience by two medical persons that they have visited and examined such prisoner, and that in their opinion he is insane, it shall be lawful for the sheriff, on summary application at the instance of the administrators of such Prison, by a warrant under his hand, to order such prisoner to be removed to a lunatic asylum.” The matter practically rests withthe prison surgeon, for the prison commissioners on his report never raise any objection to the transfer of a convicted prisoner who is found to be insane. Yet the same persons return again and yet again.
The warrant for detention in an asylum expires with the period of the sentence of imprisonment, and the asylum authorities must obtain new certificates before they can continue to keep the patient. When the degree and kind of mental unsoundness is very marked there is no difficulty in getting the necessary documents; but when the patient has been benefited to the extent of being able to behave and speak no worse than many of his fellow-criminals, it is different. He is sent for examination to a man who is not acquainted with him. The doctor has to state facts observed by himself as a ground for certification; quite properly he is not permitted to ensure the detention of anybody on evidence that is second-hand. The patient is quiet and on his guard, and his examiner can make nothing of him. Accordingly he goes back to his haunts and his vices, impatient of restraint, and is soon in the hands of the police again. Clearly there is need of some modification in the law or its administration to permit of such persons being dealt with.
Insane offenders may be divided into two classes: those whose wrongdoing is the result of their insanity; and those who have been sound enough to begin with, but who have become insane, just as they have contracted physical diseases, as a result of vicious indulgence and its treatment. Of the first-named class there may be one in about a thousand admissions. The crimes charged are of all kinds and degrees of gravity, as the following examples will show:—
X 1.—A man is brought to prison for the first timecharged with a series of petty thefts committed while under the influence of drink. He shows signs of alcoholism, and is too dazed to give any account of himself. In a day or two the alcoholic symptoms have passed off and his general condition suggests enquiry. He has signs of mental disease which cannot now be confused with drink. It is found that, until a year before, he had been in business in an industrial town; that he had been a reputable citizen, quiet, peaceable, and abstemious in his habits; that he began to take to drink, and sold off his business, which realised several thousand pounds; and that he had since been lost to the knowledge of his friends. What happened in the interval I do not know. He was taken in charge by the police for stealing glasses from a public-house, weights from a shop-counter, and such-like things, which were certainly of no use to him and which he could not sell. The charge was dropped and he was sent to a lunatic asylum.
X 2.—A young man is imprisoned on a charge of fire-raising. He is brisk, talkative, and cheerful, and laughs at the charge as ridiculous. Beyond showing a high appreciation of his own qualities he does not do or say anything to attract attention, and as he is really “bright” his conceit only provokes a smile. He has no physical symptoms of brain disease, and it is not suggested on his behalf that he is mentally unsound. A decent workman who was interested in him called to say how well-behaved he had always been, and to ascertain what ought to be done by way of assisting his defence; and some things he said suggested the need for special enquiry. It was found that prisoner had always been energetic and bright at his work, and that he had good reason for boasting of his skill. His fellow-workers admitted that, thoughthey disapproved of his bounce. He had been a teetotaler all his life and was a prominent member of a militant temperance society. He was very industrious and thrifty. He married a quiet, reputable girl who shared his opinions and ideals. He had saved some money and he suddenly made up his mind to start in business for himself. His wife did not approve of his doing so, as she did not like the risk and was quite content to go on in their accustomed ways. He persisted, and she yielded the point, but only when she saw her opposition was causing domestic strife. He rented a small workshop and furnished it. He got as much work as he could undertake—not a great amount—but before he had time to see how his venture would prosper, he conceived the idea of removing to a larger house. His wife was unable to see how he could safely do this, as she did not think he had money sufficient to justify such a course. Her opposition only made him more insistent, and on one occasion he lost his temper so completely that she became alarmed. He threatened to kill her, and looked as though he meant it. When she spoke to him about this afterwards, he apologised and laughed it off; and as he had always been a most affectionate and dutiful husband she dropped the subject. Things went on as before till one day there was a fire in his workshop. It was not got under till some damage was done, and it might have resulted in serious loss of life and property, as there were dwelling-houses adjoining. It was quite obviously the work of an incendiary, and he was arrested on a charge of fire-raising, as he could give no satisfactory account of his movements. On closer investigation it became quite apparent that he was a person of unsound mind. Little things that had passed as peculiarities, receivingonly a passing comment, when dovetailed into the story as I have related it left no room for doubt. The charge was dropped, he was sent to an asylum, and there he died two years later from general paralysis of the insane.
In his case his fellow-workmen, seeing him from day to day, failed to observe more than a slight accentuation of the qualities they had been accustomed to see in him. He talked a lot about what he could do; he always did that. He offered to make certain articles for a man better than any other could; very likely he was able. He started business on an altogether inadequate capital; others have done the same thing. He wanted to set up in a higher style of living; he was always ambitious—and so on. Until he set fire to his workshop they had never known him do anything inconsistent with his character, and while they laughed at his boasting they did not doubt his sanity. It was the same with his wife. She distrusted his judgment but did not doubt his sanity. His sudden murderous threat she put down to his temper. His temper she attributed to his want of sleep; for she admitted that he got up at night, and worked or moved about. On one occasion, she confessed, he had proposed that he should cut her throat and his own. He was quite quiet at the time and she thought it an ugly kind of joke, as he woke her to make the proposal; but she explained it to herself on the ground of overwork and sleeplessness. Those who are coming most in contact with persons afflicted like this man are the last to see the significance of the changes taking place before them, because the transition is so gradual. This is true of people in all social classes.
X 3 was a professional man in a very good line of business. Late in life he was arrested on a chargeof embezzling large sums of money. When I saw him first he had a paralysis of the muscles of one hand, which was withered in consequence; and he could not articulate owing to paralysis of the muscles of the mechanism of speech. He put or answered questions in writing. Enquiry showed that for many years he had been much respected and trusted. He had amassed a considerable fortune, and had been upright and honest in his dealings with others. He lived in the country and kept up a large establishment. His business was one which dealt in large sums of money. Some years before his arrest he married for the second time, and there was trouble between his second wife and his family by her predecessor. He had always been an open-handed man, but latterly his public gifts had excited comment by their number and character. His mental condition, however, was never suspected by his family. They assumed his ability to afford anything he chose to buy. His wife left him as a result of his conduct to her and in doubt as to his sanity, but these doubts were not shared by his family. She said he had become capricious and sometimes cruel to her, and quite different from his ordinary self. He would sometimes bring in parcels of costly jewellery for which there was no need. In the end she became frightened to stay with him; but though she feared he might injure her, as he seemed to have taken a dislike to her, she never suspected that he was frittering away his substance. When the crash came it was found that he had within a short period thrown away tens of thousands of his own, and as much belonging to others who had trusted him. He had bought and sold property in a reckless way and without any authority to do so, his reputation enabling him to do things which in another would have beenquestioned. He was sent to an asylum. In his case the paralysis from which he suffered, gradual as it was in its onset, had attracted attention to itself and had actually masked the mental condition which accompanied or followed it.
There are some crimes which in themselves shock us to such an extent that we find it difficult to believe that any sane man would commit them. In a book such as this I can only refer to certain sexual offences without discussing them, but even in these cases the crime need not infer insanity. We are no more justified in saying that a man is mad if he does a mad-like thing than in calling him wise if he does a wise-like thing. A man’s criminal acts are only to be judged in relation to his other conduct if we would form a rational opinion as to his mental condition; and that again has to be considered in relation to the social condition in which he is placed before anything approaching a fair opinion as to its adequacy can be formed.
If a man’s criminal act were to be taken as sufficient to infer his insanity there are certain crimes for which we should never have anybody tried. Every murderer would straightway be sent to a lunatic asylum on the plea that he must have been mad or he would not have done it; and yet that is precisely one of the most important points that have to be examined in the course of a trial for murder in Scotland.
Murder is practically the only crime for which the death sentence is passed. Scottish jurymen have shown a strong repugnance to be parties to the death of a criminal. They may favour capital punishment in theory, but, no matter how bad he may be, they shrink from handing a culprit over to the hangman; and they will seize any opportunity to escape fromdoing so if it is given them. They may be told they have nothing to do with results; that their duty is to find a verdict on the evidence; but they might as well be told to pull the bolt. They know what will happen. They do not seem to believe that they are not responsible for the necessary consequence of their acts, and in spite of the assurance of the law the verdict is a worry to them. Few homicides are hanged in Scotland, and there are few verdicts of murder, mainly for this reason. If the death penalty were abolished—if it were even made only a possible penalty—brutal murders would have a chance of being called by that name and not by “Culpable Homicide.”
For a time it was almost a matter of routine to set up a defence of insanity in murder cases where the facts could not be seriously contested. Now in most assaults there is an element of accident. The assailant is in a state of rage and hits out wildly. The blow that will kill one man may only stun another. Blows inflicted on one part of the body may cause little more than inconvenience, but if the same amount of violence be applied to another part death may result. I have known cases where as a result of assault the victim seemed to have sustained injuries sufficient to kill him, even though he had the nine lives sometimes attributed to a cat, and yet he recovered—maimed and permanently unfitted to support himself. That was not murder; in some respects it was worse; but there was no attempt to prove the assailant insane. If death had ended the suffering of the victim there would have been a plea of insanity set up. The determining factor in the plea was thus the physical condition of the assailed, not the mental condition of the assailant.
In Glasgow special care is taken in all cases ofmurder to enquire into the mental condition of the accused. From the time he is admitted to prison he is placed under observation with this purpose in view, and any evidence bearing on the subject is carefully examined. His conduct in prison may be perfectly sane, but if there is any reason to believe that, when at liberty, he showed signs of insanity, the medical officer personally makes an investigation and reports. The prisoner may be penniless, but he suffers no prejudice thereby, as the work is undertaken at the expense of the Crown; and at the trial the necessary witnesses are usually produced on his behalf if the reports show that he is insane. This is true in other than murder cases to this extent, that the procurator fiscal informs the prison authorities of any allegation as to the prisoner’s mental condition and asks for a report. He also puts before the judge any statement by the prison doctor as to the health of a prisoner mental or physical, even although the report may not have been asked for.
Insanity may be a result as well as a cause of misconduct. A life of alternate indulgence and repression tends to unsoundness of mind; and I have seen men and women, who when first they fell into criminal courses were free from any suspicion of insanity, gradually degenerate and become insane. When the kind of life they lead is considered the wonder is that so many of them do not become mad.
X 4 was a girl of the labouring class. She was handsome and of a fine figure. Good-tempered and of an easy disposition, she was rather indolent; and as she was not trained in any very strong regard for morality and had plenty of admirers, she soon gave up working and took to the less restricted life of the town. She got into the hands of the police and was sent toprison, where her behaviour was beyond reproach. She did the work required of her and was always even-tempered and orderly. She took to drinking rather heavily, and during one imprisonment had a bad attack of delirium tremens, from which she recovered only to fall into a condition of dementia which remains and, though it has become less marked, leaves her unfit to take care of herself. Her insanity is the direct result of her excesses.
X 5 got into bad company and was encouraged rather than corrected by her mother, who found her profit in her daughter’s misdeeds. She left her work but did not take heavily to drink, and by and by came to prison charged with theft. She contracted disease in the course of her misconduct and began to take fits. She gradually became worse, as she gave herself no chance of recovery and neglected treatment when at liberty. She was in prison for short periods during two years and finally became insane and died. When first I saw her she was free from any mental or physical infirmity. Her disease and death were the direct result of her way of living.
X 6 had always been a wild and uncontrollable lad. He entered the army and was soon found to be one of the bad bargains. He was ultimately discharged. He got into a lawless set in Glasgow and picked up a living, sometimes honestly, sometimes otherwise. He suffered imprisonment on several occasions and was always a troublesome man to deal with. Gradually he showed delusions of suspicion and had attacks of violence; and finally he had to be dealt with as a criminal lunatic. In his case there was from the beginning a condition of mental instability, which showed itself in his restlessness and impatience of restraint. It unfitted him for a soldier’s life, and thediscipline incident thereto was much more likely to aggravate than to remedy his condition. Having no friends capable of directing him, he flew to excesses and was punished for the crimes in which he took part. Than life in prison there could be nothing imagined that would be worse for him; and the monotony of it and the quiet would tend to develop the delusions which afterwards dominated his mind, and influenced his conduct to such an extent that under their influence he committed assaults and proved himself to be a dangerous lunatic. His case is different from the last two in respect that the very means adopted to deal with his excesses were largely the cause of his final insanity.
Short of cases of certifiable insanity there are a number of prisoners who are mentally defective. The total is small, but the individuals command an amount of attention, and cause an amount of trouble to the public, out of all proportion to their numbers. In some cases the defect consists of delayed development; the body and the passions have grown at a greater rate than the mental powers, but time and training would be likely to establish an equilibrium.
In other cases there seems to be something wanting in their mental outfit—they “have a want,” as it is put colloquially and expressively. Many of them are capable of behaving themselves when under the guidance of well-disposed persons; and more may be found about religious meetings than in prison. They have come under the influence of the Churches and have benefited thereby, and it is largely because no such healthy influence has been obtained over those others that they are in prison. They are usually quite tractable and pay obedience to stronger-minded persons. When these are law-abiding they cause notrouble, but when the influence is evil it is otherwise.
Mental powers that may be sufficient to enable a man to work and live in conformity with the law in one social position may be quite inadequate to enable him to support himself in another. There are men holding positions and discharging the duties required of them to the satisfaction of their employers, who would sink to a very low level if cast adrift. Any fixed standard of mental capacity is irrational, since it leaves out of account the conditions under which the person examined has to live. The question is: Is the person by reason of mental defect unable to bear the stress of life under the social conditions in which he is placed? Is he fit to take care of himself and abstain from offending against the laws?
Whatever may be the view of lawyers on the matter, no business man expects the same conduct from a boy as from a man; nor will he trust a young man to the same extent as an old man. The younger man may possess more knowledge, but there is a difference between knowledge and experience, and a man may know right from wrong without having the experience of life that enables him to discount his passions and follow his knowledge. A person who is mentally defective, and who has the additional misfortune to be born into a family of poor people and brought up in a slum, if he transgress the law can only be dealt with as though he were as fully endowed as his neighbours. If he is not mentally unsound to such a degree as to justify his certification as insane, there is only the prison for him; with the prospect of hardships on liberation and imprisonment when he offends, till he is sufficiently mad, or his record and his condition combined are bad enough, to enable him to beplaced under the treatment he ought to have received from the first.
This is not necessarily the fault of those who administer the laws. The police are not justified in permitting offences to be committed; and whether the person who offends is sane or mentally defective it is their duty to arrest him. The medical men who may see him can only certify if they find him insane from their examination of him. Even if he is sent to an asylum the medical superintendent cannot detain him if his condition improves so far that he behaves sanely there; and out he goes to the old struggle that he is quite unfit to face, with no one to help him or to exercise authority over him when he has a wayward turn.
X 7 is congenitally mentally defective, and he has been neglected. He has a stutter which makes it more difficult for him than for others equally weak-minded to get in touch with those around him and, asking questions, to learn. When he does make himself understood he has nothing of any great interest to say, and he is bound to find in the impatience of the ordinary man a barrier when he tries to speak. He cannot get work and there is not much he could do. He haunts outhouses at night for shelter and is arrested for trespassing in doing so. He is in a filthy condition and is a nuisance and an offence to those with whom he comes in contact. He is sent to prison for committing an offence which he cannot avoid committing and which is the direct result of the destitution incident on his mental defect and friendlessness.
X 8 is a quiet, peaceable, and rather attractive young woman. She was married to a respectable young man with a small wage. She behaved very well and seemed to be managing their home in a satisfactory manner,but to his surprise and horror she was one day arrested, and was afterwards convicted, for obtaining goods under false pretences. She had been unable to make her income serve for the support of the household, although she was not extravagant, and she had played up to her appearance and got certain articles by a story that was fraudulent. Had she appealed to his friends she would have been assisted, but she took the other course from sheer mental incapacity to deal with her situation. Her case was thoroughly investigated while she was in prison and arrangements were made for directing her on her liberation. She is quite tractable, has no vices, is anxious to do well, but is not fit to bear unaided the responsibilities of her position. The Church to which she belongs has constituted itself her guardian now that her condition has been shown; and she is not likely to transgress so long as interest in her is sustained, nor to cost much in money to those who are looking after her.
X 9 is a lad who has got out of parental control and seeks adventures. He answers questions intelligently, if somewhat insolently, and so far as a merely professional examination would show is not defective mentally. He is to all appearance simply a bad boy. Observation of his conduct in prison and enquiry outside, show the mental defect behind it. He has recurrent outbursts of temper without apparent cause, and while showing no sign of confused intelligence, he proceeds to smash things. He has been in prison for malicious mischief and for offences against decency as well as for theft. He is not given to drink, but is beginning to indulge when he can get a chance. He works intermittently, but cannot stay at anything for more than a short period. He was charged with housebreaking, but on a report from prison as to hismental condition he was certified as insane and was kept in an asylum for about a year. He had improved so much in conduct that he was discharged, but the medical superintendent expressed the opinion that left to himself he would probably break back; and he did; resuming his old practices within a short period of his liberation. He can do well enough under proper conditions, but is unfit to look after himself.
X 10 is a young woman who is strongly built and of a pleasant manner and appearance. She has been a domestic servant, but falling into bad company has given up work. At first she only appeared to be “soft” a little, but drink and excess have contributed to cause or to show—for in her case it is difficult to say which—mental deficiency. She is quiet and well-behaved in prison, and is of fair intelligence, but on liberation she resorts to the lowest haunts and indulges in such excesses that when brought back to prison she is in terror of death, she feels so ill. She was induced to place herself under control for a time, and she did well, working hard and cheerfully; but she returned to the city and resumed her old courses. All who know her recognise that she “has a want,” but the defect is so slight that there is no possibility of having her dealt with for it, as the laws at present only enable her to be punished for its results. Unless her excesses produce some marked degeneration—and, as she is reported to be having “fits” occasionally, that seems probable—all that can be done for her is to arrest and imprison her when she offends. When she is a wreck she will receive the kind of treatment and the guardianship that might save her were it possible to give it now.
Just as some prisoners become insane as a result of their criminal and vicious life, some undergo mentaldegeneration to a degree not certifiable. In the case of the older ones this is accompanied by such an amount of physical disability as compels them to seek refuge in the poorhouse, and they are only back to prison on the rare occasions that they leave its gates, induced thereto by a feeling of improvement and a renewed desire to visit their old haunts. Taking insane and mentally defective prisoners together, their number is small relative to that of those who suffer from no mental deficiency. Clearly then insanity will not account for crime in any except a very small number of cases. In fact the proportion of insane among prisoners generally is not greater than among the population outside, but in the case of females admitted for cruelty to children it is enormously in excess.
PHYSICAL DEFECTS AND CRIME
Physical defects beget sympathy—Rarely induce crime—May cause mental degeneration—Case of jealousy and murder.
Physical defects beget sympathy—Rarely induce crime—May cause mental degeneration—Case of jealousy and murder.
Justas some degree of mental deficiency is not incompatible with the ability to live a peaceable and useful life, physical defects do not necessarily unfit a man to discharge his duties as a citizen. In either case the sphere of his usefulness is limited, but that is all that can be said. Much will depend on his social position.
When a person who is physically defective falls into evil courses, it appears likely that he should find it more difficult to return to the right path than one who is healthy and complete in all his parts; but this expectation leaves out of account the fact that the more pitiable and abandoned a man is the more does his condition appeal to the charitable. His very helplessness attracts attention and begets for him a consideration not given to those who are stronger; and if he will but place himself in their hands, there are many willing to look after the lost sheep whose condition is so pitiable. In some respects, and as things are at present, there is less need for anyone who suffers from physical disability taking to crime than for an ordinary citizen; for the law provides forhim and prevents him suffering from destitution in respect that he is disabled.[1]
Physical defects are in very few cases the cause of offences. They narrow the opportunities of employment, and they lessen the chances of work even though the defect may not be of such a nature as to unfit a man for it; but except in so far as they may result in destitution—which, if due to disability, must be relieved by the Parish on application—they rarely induce crimes. In some cases, however, serious crime can be traced to this cause.
X 11 was an energetic and industrious man. He was a teetotaler and took an active interest in local affairs. He was respected and trusted by his fellow-workmen and took a leading part in the trade and friendly societies to which he belonged. He also had an interest in books; read a good deal, considering his opportunities; and exercised his intelligence beyond most of his neighbours. He married a suitable partner and their family life was an evenly happy one. In the course of his employment he sustained an accident whereby he lost his arm. When he left the hospital his employers found a suitable place for him; and his income did not suffer appreciably, while his prospects were actually brighter in the new than they had been in the old situation. He began to brood over the loss of his limb, and by and by he became jealous of his wife. One day he made a murderous attack on her and was sent to prison. He was very penitent there, and quite reasonable. He explained that he had ceased to be the man he was when he married, and that since the loss of his arm his wife had regretted their union. She had never said so, but though shetried to hide her change of feeling he could see it. He detailed the causes of his jealousy; and when it was pointed out to him that, granting the facts, his inferences may have been all wrong, he admitted the force of the argument. At most he was unreasonably jealous, but not insane; and on going over certain incidents with him and supplying the explanations of them, he agreed that he had been too hasty in coming to the conclusions on which he had acted. He said that he could not blame his wife, even while he believed she had been unfaithful; that he could not bear to lose her and that was why he had attacked her; but that he was very sorry he had done her the wrong of suspecting her. He was convicted and sent to prison for a period and he behaved rationally and well. His wife was warned that his jealousy might reassert itself and that there was a probability that he would become certifiably insane if he continued to brood on his accident; and she was advised not to live alone with him. He behaved so well that the warning was forgotten. About a year after they had resumed housekeeping he nearly killed her and committed suicide.
In this case the crime was traceable to the accident which caused the loss of the man’s arm. The cause is exceptional only in respect to the seriousness of the crime, but it is not at all unusual for persons who have the misfortune to be lame or deformed to show a morbid sensitiveness on the subject. Their defect overshadows their lives and colours their view of things, sometimes causing them to become reckless in their behaviour and offenders against the law. On the other hand, many develop a strain of piety and tenderness for their fellows. The presence of the defect proves nothing beyond its own existence.
THE STUDY OF THE CRIMINAL
The reliability of prisoners’ statements—Deceit or misunderstanding?—Frankness and knowledge required on the part of the investigator—The prisoner’s statement should form the basis of enquiry—Information and help obtained from former friends—The diffusion of knowledge so obtained—The prevention of crime and the accumulation of knowledge.
The reliability of prisoners’ statements—Deceit or misunderstanding?—Frankness and knowledge required on the part of the investigator—The prisoner’s statement should form the basis of enquiry—Information and help obtained from former friends—The diffusion of knowledge so obtained—The prevention of crime and the accumulation of knowledge.
Anystudy of the criminal based on observations made when he is in prison must of necessity be partial and misleading. It is like writing a Natural History from a study of caged birds. Parts will be right, but the whole will be wrong.
Advantage might be taken of his presence there to find out something of the antecedents of the prisoner. The opinions of experts may be of value with regard to him, but they are not nearly so useful as his own opinions on how he comes to be in prison, nor are they more reliable.
Prisoners are no more truthful than other people, but they are not generally purposeless liars. When a man is in trouble and is called on to give an account of himself he makes the best of his case; but people who have never been in prison have been known to make no disclaimer when praised for qualities they do not possess, preferring to let time correct any false impression that may be to their advantage. It is not reasonable to expect any higher standard ofbehaviour from a prisoner than we look for from others.
Much of what is harshly called lying on the part of prisoners is due to misapprehension on the part of their questioners. Most of them do not waste lies. If the truth will serve, it is easier to tell it, to put the matter at its lowest; but they are frequently worried with questions they do not understand, put by persons whom they distrust, with the result that they leave an impression of stupidity and untrustworthiness that is not deserved. I remember a gentleman who considered himself a very acute observer, informing me with regard to a certain prisoner whom he had been questioning, that the man was weak-minded. I had very good reason for holding another opinion, but wishing to find out how the visitor had arrived at this conclusion, I interviewed the prisoner, and after some talk approached the subject of his recent examination. A smile overspread his face as he explained that he had been asked all sorts of questions by the stranger and had not been allowed to answer in his own way, so he got tired and let the other have it as he wished. His opinion of his examiner I obtained as a personal favour, for as he put it, “It’s no for the like o’ me to say onything aboot the like o’ him—at least no here.” I cannot print his words, all of them. He said, “He’s a —— of a flat.” Each had a poor opinion of the other, and how far each was right others may judge. The incident suggests several reflections.
It is not reasonable to expect that a prisoner will take the trouble to understand and answer the questions of a stranger whose object in quizzing him he does not know. Few of us would care to unbosom ourselves to the first visitor who chose to interest himself in our affairs. He might count himself lucky if he did not findhimself violently expelled. The prisoner cannot throw an unwelcome visitor out, but sometimes he would like to; and the attitude of some who seek to do good is at times provocative. When the enquirer is known it is a different story. Get the name of being “all right” and you will learn, but you must first deserve confidence. Frankness begets frankness, and for my own part I have found very few prisoners who wilfully sought to deceive me when they knew why I sought information from them. It was either freely given, or withheld with the plain statement that they could not fairly give it. The information given has not always been accurate, but there are not so many people who are accurate in their statements—not through want of desire to be truthful, but because their perception, their memory, or both, are blurred.
But more than frankness is required; there must be some ability to see things from the standpoint of those who are questioned, and a sufficient knowledge of their language to understand an answer when it is given. There are very many people who think they know the English language, and who do not seem to have realised the fact that a different significance is attached to words in different districts and among different classes. There are not merely slang words, but words used in a slang sense, and when these are taken literally the result is misunderstanding. Yet we are sometimes treated to the result of investigations by people who have had no training, and who in a marvellously short time can obtain voluminous and striking information; how much it is worth is another question. Try to get by question and answer a short record of the antecedents of any of your friends, and you will find that it cannot be done in a few minutes, that it will not be free from inaccuracies, and that itwill require explanation before you understand it as they would like. To obtain such information from a stranger is a more difficult task.
In the case of the prisoner the advantages to be gained are worth the effort to overcome the difficulties. Having obtained his statement, it might form the basis of an enquiry into his case and an attempt to help him on his discharge. There are few men who have not some friends who are persons of goodwill. They may be relatives, or employers, or fellow-workmen; but their will may be greater than their power. Their patience may have been tried to the limit of endurance or their interest may have become languid; but if they will not or cannot help, they can at least tell what they have done and prevent a repetition of the treatment that has failed. There are very many people who would never dream of joining a society for aiding prisoners, but who will willingly assist in helping a person whom they have known in his better days. The societies have their use, but that is no reason why a man’s fellows should not be enlisted in his aid; though they have no interest in the general question, they may take an interest in the special case. In the attempt it will be found that, even though the efforts made to help a given prisoner should fail, a knowledge has been gained of the existence of conditions that favour ill-doing.
Every official knows that in a great city there are occasions of misconduct which the ordinary citizen does not suspect. Such knowledge, so long as it is confined to officials, is comparatively sterile. They may speak, but some other matter distracts public attention before it has been focussed long enough on the subject to do any good. At most they may get further powers to do for the citizens things which the citizens couldfar better do for themselves. Talk of slums to a man who is comfortable is often only talk, but set him to live in them and the effect is different. In the same way, if you can, through his personal interest in a man, get another to examine into the causes of his wrongdoing; to go over the ground for himself; to see the process and the means of his degradation; that man will note how many occasions of offence exist that might be removed, and if only for the safety of his own family will give assistance in removing them. Incidentally and in process of time a large mass of information regarding the history of criminals and offenders would be collected, and some generalisations of importance might be made. At present those who generalise do so without any such careful study of the persons whom they deal with as that I recommend. For sixteen years I have been looking for the offender of the books and I have not met him. The offender familiar to me is not a type, but a man or a woman; and we shall never know nor deserve to know him till we are content to study him, not as the naturalist studies a beetle, but as a man studies his neighbour.
DRINK AND CRIME