Quite apart from general incapacity to live up to the required social level which brings them within the meshes of the criminal law, Dr. Goring even suggests that the physical aptitude of evading the police may affect statistics, and the fact is that the weaker and not the stronger man is "run in," although the "criminal diathesis" may be equally strong in each. In any case his conclusion on this point is very emphatic,viz.: that English criminals are selected by their physical condition, and that the one significant physical association with criminality is a generally defective physique; and that the one vital mental constitutional factor in the etiology of crime is defective intelligence.
This general theory of defectiveness as a general attribute of criminality may be regarded by some as confirmed by the fact that persons convicted of crime are mainly drawn from the lowest social scale; and it is plausible to infer that physical and mental inferiority is allied to a low economic scale of living. This theory, however, must not be pressed so far as to affect the liability to punishment of the offender for his act. Penal law is, through its prohibitions, the expression of the social standard of life in the country. Where that standard is high, there must be a residuum of individuals whose mental and physical state does not enable them to live up to that standard. They fall below it through constitutional incapacity, which manifests itself in weakness of will and power of resistance. This inquiry goes to show that it may be predicated that with regard to the great mass of offenders coming within the meshes of the criminal law, thisdefectiveness, in its economic sense, is a predisposing cause, and has no necessary relation to definite physical or mental disease. It is a relative term only, relative to a high standard of social requirement to maintain which the law exists. Penal law, wisely and humanely administered, as in a highly civilized State, should apply its sanctions only with regard to the varying characters and capacities of those who come before the Courts. In other words, punishment must be individualized. The tendency towards the individualization ofpunishment is making marked progress in all the countries of the world, and nowhere more than in this country. In addition to the absolute discretion vested in the Courts and Tribunals, there is a careful classification for purposes of prison treatment, the object of which is to adapt, as far as practicable, the nature of the punishment to the character and antecedents of the offender. Although, therefore, the fact brought out by the inquiry that, on the average, the English prisoner is defective in physique and mental capacity, would seem to call in question the whole responsibility of any person guilty of an anti-social act, yet, if fully and properly understood, it does not mean more than that in a perfect world where the faculties of each would be fully and highly developed, the problem of punishment would not exist; and it would be a cause of rejoicing if the crime of the country could be demonstrated by statistical methods to be the result, not of a general perversity pervading all classes, but a tendency only on the part of persons living on a low economic scale to fail, on account of physical or mental defectiveness, to conform to the restraints of the criminal law. I regard this as a fair and reasonable explanation of crime generally in this country. It is, at least, an explanation which must fortify and stimulate all those who desire that there shall be fewer persons suffering from those incapacities which predispose to crime, or that, where incapacity is obvious and can be defined, special steps shall be taken not to expose such a person without care or oversight to the conditions of free life, which are likely to be not only ruinous to himself, but dangerous to the community.
It is satisfactory to note that incidentally to its general purpose, the inquiry (1) confirms the idea to which practical effect has been given in recent years by the institution of the Borstal system that the effective way of dealing with crime is to attack those between the ages of 16 and 21, which is shown to be the probable age for enlistment in the criminal brigade, (2) it demonstrates by statistical method that imprisonment does not have the adverse physical and mental results which are often alleged, (3) it confirms the opinion held of the necessityfor better care being needed for the mental defective, and (4) it shows that it is by consideration of the individual men and women who make up the criminal population that the best solution of the criminal problem is to be found.
Those who agree with the opinion of Dr. Goring that the principal determinant in crime is mental deficiency will be encouraged by the passing of the Mental Deficiency Act, 1913, in the belief that this important measure constitutes a great step forward in the rational and scientific treatment of the criminal problem.
However much opinion may differ as to the exact proportion borne by heredity and environment, respectively, in the formation of the criminal character, whether any or no predominant part can be ascribed, as by Dr. Goring, to mental defectiveness, the fact remains and is known to all those concerned in the administration of prisons and in the actual treatment of crime, that a considerable number of adult persons in custody cannot be regarded as fully capable of dealing with the ordinary affairs of life. The provision, therefore, that has now been made for the detection and diagnosis of all forms of mental defectiveness from childhood and early youth justifies a general hope and belief that if this Act is effectively administered, a great impression will, in course of time, be made on the figures of imprisonment; and this hope can be held not only by those who take an extreme view of the influence of heredity, but by plain men and women, without scientific training or knowledge, who are now profoundly moved at the sight of persons of both sexes and of all ages coming to prison in the expiation of offences which, had they been mentally conscious of their obligations to society, or adaptable to their social environment and standard of living, they never would have committed.
CHAPTER XVII.
A SHORT SKETCH OF THE MOVEMENT OF CRIME—(A) 1872 to 1914: (B)THE WAR, 1914 to 1918.
The object of this Chapter is (a) to compare the number and character of offences according to recent statistics with statistics obtainable at the time of the London Congress, 1872; and (b) to show the great change that has taken place in the volume of crime due to causes consequent upon conditions of War.
(A) 1872 to 1914.
1. Serious offences (e.g. murder, wounding, sexual offences, burglary and fraud), tried at Assizes and Quarter Sessions, decreased between 1872 and 1913 by nearly a half, relatively to population, as will be seen from the following Table of the number of offences dealt with by the Courts for quinquennial periods 1873 to 1913:—
2. Less serious offences, which, though triable by Superior Courts, can be dealt with summarily, i.e., principally acts of petty larceny, have increased during the same period, though relatively to population there has been a decrease, as the following Table shows; but it must be remembered that a large proportion of these offences are those committed by children or 'young persons,' coming within the provisions of the Children Act, 1908. Nearly 40 per cent., according to latest figures, belong to this category, and over 60 per cent. of charges were either dismissed or dealt with otherwise than by conviction:—
3. There is a third category of offences, which, though only triable in Summary Courts, are 'criminal' in character, e.g., assaults, damage, &c. As will be seen from the following Table, there has been, generally speaking, a fall since 1872 of considerably more than a half, the number of offences per 100,000 of population having decreased for the period 1873 to 1913 from 567 to 192.
These three categories include all offences which are strictly 'criminal' in character. The great bulk of offences, which may involve commitment to Prison, are not strictly 'criminal.' The principal offences in this category are Drunkenness, Offences against Police Regulations, Bye-laws, Highways Acts and Education Acts. The following Table shows that the actual number of these offences rose continuously from 1873 to 1907. Between the latter date and 1913 there was a fall in the actual numbers, and relatively to population, the figure for 1913 (1649·99) showing a decrease of no less than 157·51 per 100,000 of the population, as compared with 1873-7:—
The following Table is interesting in showing the committals to prison for the last three decades, commencing in 1881—the earliest date from which the comparison is possible. It will be observed that the Prison population in 1883 stood as high as 622 per 100,000 of the population of the country, and that for the year ended 31st March, 1914 it had fallen to the lowest then recorded,viz:—369. The great decrease that has taken place since 1914, as will be shown subsequently, reduced the ratio to 70 per 100,000 of the population:—
For many years past, a marked decrease has taken place in the number of persons sentenced to penal servitude. In 1872, there was a convict population of 8,823 males and 1,249 females. This had fallen to 2,568 males and 98 females at the end of 1913-14, representing a decrease of over 70 per cent. As will be seen fromthe following Table, the average length of sentence has also fallen considerably:—
The most gratifying feature shown by the comparison of statistics prior to 1914 is the wonderful decrease in the number of convictions under 21 years of age. These figures can be traced as far back as 1848:—
It will be seen that the category (16-21) has fallen from 13,433 males in 1896 to 6,320 in 1913-14. In the 'seventies it represented 1,306 per 100,000 of the population of the country of that particular age, and since that time the ratio has fallen as shown below:—
The following Table is interesting as showing the higher average age of the prison population in 1913-14 as compared with ten years before that date, indicating the fact that the supply of younger recruits is failing:—
As described in a foregoing Chapter, it was about the time of the year first-named in the above Table that the Borstal System was inaugurated, and to its operation (both "Full" and "Modified" Systems) the decline in the rates of the first two columns is doubtless largely due. Shortly before the outbreak of War, the Borstal Association furnished remarkable figures showing that, since the Borstal System was made statutory in 1909, only 392, out of 1,454 lads, or 27 per cent., discharged from Borstal Institutions during that period had been reconvicted. Bearing in mind that all these lads had qualified for Borstal detention as being "of criminal habits or tendencies," it is not surprising to find that the successful efforts of the Association, and of those of Borstal Committees in Local Prisons, are resulting in a decreasing number not only of the age with which they are directly concerned, 16-21, but with the following one (21-30), which has hitherto contributed some 30,000 cases annually.
But while the statistics of 1913 showed a decrease in the volume of serious crime, and a falling-off both in the total number committed to prison for these as well as for less serious offences, (and of those so committed a decreased proportion of young and first offenders) there remained both in Local and Convict Prisons a large body of reconvicted men and women. Thus, in Local Prisons, the percentage of reconviction stood at 61 and 77 formen and women, respectively: while in Convict Prisons, presumably for more serious offences, the percentage was 87 and 67 respectively. But this high figure, taken in conjunction with the falling prison population and the decreased number of young and first offenders shows conclusively that recidivism in both cases is being localized, and that, in course of time, (if even at this late stage the many agencies now operating fail to reform) this large body of men and women will disappear from criminal statistics, leaving a reduced number to take their place. So far as penal servitude prisoners are concerned, their number is relatively small. An inquiry made in 1910 into the careers of ex-convicts showed the rate of reconviction to be about 70 per cent. Since that date the Central Association for the Aid of Discharged Convicts has been established, and they were able to report in 1915 concerning nearly 2,800 men, largely Recidivist convicts, the majority of whom had been at liberty for more than two years, that only 50 per cent. had been reconvicted.
With regard to petty recidivism in Local Prisons, the number, prior to the great reduction since 1914, was largely composed of persons of vagrant habit: many, too, were mentally defective. As an example, it was found at a particular prison that out of 700 vagrants received in a year, 236 served from two to seven imprisonments during the year, and that the total previous convictions of these 236 men amounted to considerably over 2,000: while 92 reported in one year at another prison as being of feeble mind had together amassed a total of 1,270 convictions. Although the total of the latter category has diminished, recent statistics show that the proportion of mentally defective in the prison population remains about the same. So far as these are concerned, it had been hoped that when the Mental Deficiency Act, 1913, was brought fully into operation, the Prisons would have been purged of this class, who are unfitted for prison discipline; but these hopes remain to a large extent unfulfilled, chiefly owing to difficulties arising out of the War in finding accommodation for defective persons. Should legislation proceed on the lines of the recommendations of the Vagrancy Committee of 1906,and should restriction on the sale of intoxicating liquor still be enforced, there is little doubt that the high rate of petty recidivism in Local Prisons will be permanently reduced.
(B) THE RESULT OF THE WAR.
The European War broke out in August, 1914, and it is the purpose of the following pages to show, as far as possible, the effect of the many changes brought about by the social upheaval consequent upon war-time conditions and legislation upon the crime of the country.
As will be seen from the following Table, the daily average Local prison population has fallen enormously since 1913-14—52 per cent. in the case of males and 40 per cent. in the case of females. But as regards the number of males committed byOrdinary Courts, the fall in the average population is much greater, for included in the daily average population shown below is an average probably not far below 2,000 prisoners committed by Courts Martial, the larger number of whom were cases of men, who, having failed to obtain from local tribunals exemption on the ground of conscientious objection under the Military Service Acts, were ultimately committed to prison for breach of military discipline. Further, there are also included many cases charged under the Defence of the Realm &c. Acts. Excluding all these, the daily average male population in 1918-19 had fallen by over 60 per cent. of the number at which it stood in the year before the War. A fall of over one-half is also shown in the male average population of Convict Prisons:—
This great fall in the prison population is still more strikingly shown in the Table showing the total committals to prison on conviction by Ordinary Courts for the years named:—
This great fall in the numbers committed must, of course, be attributed to a great extent, to conditions arising out of a state of war: but, at the same time, it must be borne in mind, as shown above, that a decrease in grave, as well as in the less serious, forms of crime, had been proceeding for some years before the war. The general call upon the manhood of the nation for service with the Forces: the endless opportunities for employment for those who, in ordinary times, would probably not be eligible for want of necessary qualifications—to which must be added the intense spirit of patriotism pervading all classes, leading men and women to abstain from evil—have, no doubt, been chiefly responsible for so few persons coming to prison. But the War alone, or the spirit engendered by the War, cannot be said to have been the sole cause of this great fall. In the first year of the War, the Criminal Justice Administration Act, 1914, came into operation, which provided new facilities for the payment of fines; and, whereas before the operation of this Act between 75,000 and 100,000 persons had been committed annually in default, the number so committed in 1918-19 had fallen to about 5,300 only. This low number is probably to be accounted for by the high wages prevalent, thus affording means to pay the fines imposed. As a result of this, the total number of short sentences fell enormously. Before the War, and the passing of the Act of 1914,there had been nearly 100,000 sentences annually to two weeks or less, while in 1918-19, only 4,000 were received for those terms.
As regards the actual offences which have contributed to this decrease during the War,—amongst grave crime, the offences of Burglary and Housebreaking showed the greatest fall,viz:—57 per cent., the numbers having been 1,960 in 1913-14, and 840 in 1918-19. Larcenies, including the less serious cases dealt with summarily, fell from 22,459 in the first-named year to 8,915 in the latter year, or 60 per cent. (A large increase in the case of Bigamy was noted,—the number which had averaged about 80 per annum before the War, had risen to 420 in 1918-19). Cases punishable by fine fell greatly, and amongst these was the offence of Drunkenness: 51,851 persons were received on conviction in 1913-14 and only 1,670 in 1918-19, a fall of 97 per cent., the number for the latter year probably representing largely the cases which were committed without the option of a fine. Assaults also fell from 8,666 in 1913-14 to 1,269 in 1918-19, or 85 per cent., and offences against Police Regulations from 8,661 to 889, or 90 per cent.
A striking feature of statistics during the War has been the decreased proportion of recidivists convicted ofseriouscrime tried on indictment. In 1913, 3,462 persons, or 34 per cent. of the total convicted, had incurred six or more previous convictions: in 1918, this number had fallen to only 786, or 17 per cent. of the whole.
Soon after the outbreak of War, drastic measures were enforced on the sale of intoxicating liquor. On the 31st August, 1914, the Intoxicating Liquor (Temporary Restriction) Act, 1914, was passed, and under its provisions numerous Orders were made by the Licensing Justices, suspending the sale or consumption of liquor on licensed premises or clubs. Similar Orders were also made by Naval and Military Authorities. In June, 1915, the Central Control Board (Liquor Traffic) was constituted under an Order in Council, which established the Defence of the Realm (Liquor Control) Regulations 1915, pursuant to Act of Parliament. Statistics for the offenceof Drunkenness showed a remarkable decrease year by year, as will be seen from the following Table:—
Another remarkable feature of prison statistics during the War was the practical disappearance of the Vagrant, convicted of Begging and Sleeping-Out. In the years before the War, as many as 27,000 had been committed annually for this offence (see chapter XIII), while in 1918-19 only 1,066 were received, and these were said to have been largely the aged and the mentally or physically weak.
From observation of all the causes leading to the very remarkable decrease in every category of criminal offences during the War, the conclusion to be drawn seems to be that when employment is easy and plentiful, and when, at the same time, there is severe restriction of the opportunities for spending wages in intoxicating drink, there is the probability that the records of crime (and by 'crime' is meant not only grave offences, but the multitude of offences against Police Regulations, Vagrancy, &c.) would be very low in the community. In past years, the effect upon crime of prosperity, leading to good wages and easy employment, seems to have been obscured in criminal statistics owing to the enormous figures ofconvictions of Drunkenness, which, in some recent years, have exceeded 200,000, and have represented one-third of the whole receptions into prison. The following Table is interesting as showing the comparison of prison statistics during a year (1918-19) of plentiful employment with restrictions on the sale of intoxicating liquor, with a year in which there was acute trade depression:—
The great fall in the prison population made it possible to close temporarily, at various dates, a considerable number of the penal institutions, representing about one-quarter of the total cellular accommodation of the country. These included the large convict prison at Dartmoor, which was utilized as a "Work Centre" for the prisoners known as "Conscientious Objectors," and the Borstal Institution at Feltham.
So far as crime generally in the country is concerned, a comparison with the Tables printed on pages 216-8 shows a further great falling-off, as follows:—
With regard to category (a), serious offences against the person have fallen since 1913 by 39 per cent; offences against property with violence (burglary, housebreaking, &c.) by 58 per cent; and offences against property without violence (larceny, receiving, &c.) by 60 per cent.
As regards the increase shown under category (b) above, a large proportion of the charges included are for petty larceny by children and "young persons." Deducting these from the total, the offences committed by persons over 16 total to 33,012 and 36,433 for the years 1917 and 1913 respectively, or 9 per cent. decrease.
In category (d) are included 65,386 offences created by war-time legislation,viz: offences against regulations made under the Defence of the Realm Acts, about 50,500; Aliens Restriction Act, 1914, 13,600; and National Registration Act, 1,192. If these be excluded, the decrease shown in the Table above would be about 46 per cent.
Although over two years have elapsed since the cessation of hostilities, during which time several millionmen have returned to civil life, and although during that time there has been much industrial unrest, and though certain modifications have been allowed on the severe restrictions placed upon the sale of intoxicating liquor, referred to above, the ordinary prison population is still 36 per cent. below that at the time of the outbreak of war,viz:—
The elimination of many thousands of petty offenders from the prison population, due to the causes enumerated above, has had the effect of reducing enormously thevolumeof recidivism to be found in Local Prisons at the present time, though theproportionwho had been previously convicted remains about the same as formerly. Thus, the total withmore than three previous convictionswho were committed during the first three months of 1920, as compared with a similar period in 1914, shows a decrease of no less than 73 per cent. in the case of males and 66 per cent. in the case of females. The actual figures are as follows:—
As regards the population in Convict Prisons, the great bulk of whom are classified as Recidivist, only about 700 are so classified at the present time, as compared with 2,000 at the beginning of the present century; while the supply of the Juvenile-Adult sentenced to penal servitude has almost ceased: in 1901 there were 200 lads 16-21 serving sentences of penal servitude—to-day there are 9 only.
An examination of statistics for the years following the conclusion of the Wars of the previous century shows that any increase which then took place was largely attributable to industrial depression, and that, on the revival of trade, they fell to their normal level. If, at the present time, there is a reversion to the former state of things—unrestricted sale of intoxicating liquor, or should recurring cycles of acute trade depression result in wide-spread unemployment and poverty,—it may be expected that the Prisons of the country will once again be occupied with thousands of tramps and vagrants, and petty offenders committed for short periods, and that the provisions of the Criminal Justice Administration Act as to checking committals in default of payment of fine will be largely nullified. If, on the other hand, a social system can be devised and maintained which can facilitate the means of employment, while, at the same time, maintaining sobriety at its present level, there would incidentally be found in such measures the solution of the penal problem.
APPENDIX (A)
BORSTAL INSTITUTIONS.
EXTRACT from the PREVENTION OF CRIME ACT, 1908. (8 Edw. 7, cap. 59).
Part I.
Reformation of Young Offenders.