CHAPTER I.

THE STATISTICS OF CRIME.

It is only within the present century, and in some countries it is only within the present generation, that the possibility has arisen of conducting the study of criminal problems on anything approaching an exact and scientific basis. Before the introduction of a system of criminal statistics—a step taken by most peoples within the memory of men still living—it was impossible for civilised communities to ascertain with absolute accuracy whether crime was increasing or decreasing, or what transformation it was passing through in consequence of the social, political, and economic changes constantly taking place in all highly organised societies. It was also equally impossible to appreciate the effect of punishment for good or evil on the criminal population. Justice had little or no data to go upon; prisoners were sentenced in batches to the gallows, to transportation, to the hulks, or to the county gaol, but no inquiry was made as to the result of these punishments on the criminal classes or on the progress of crime. It was deemed sufficient to catch and punish the offender; the more offences seemed to increase—there was no sure method of knowing whether they did increase or not—the more severe the punishment became. Justice worked in the dark, and was surrounded by the terrors of darkness. What followed is easy to imagine; the criminal law of England reached a pitch of unparalleled barbarity, and within living memory laws were on the statute book by which a man might be hanged for stealing property above the value of a shilling.

Had a fairly accurate system of criminal statistics existed, it is very likely that the data contained in them would have reassured the nation and tempered the severity of the law.

Of Criminal Statistics it may be said in the first place, that they act as an annual register for tabulating the amount of danger to which society is exposed by the nefarious operations of lawless persons. By these statistics we are informed of the number of crimes committed during the course of the year so far as they are reported to the police. We are informed of the number of persons brought to trial for the perpetration of these crimes; of the nature of the offences with which incriminated persons are charged, and of the length of sentence imposed on those who are sent to prison. The age, the degree of instruction, and the occupations of prisoners are also tabulated. A record is also kept of the number of times a man has been committed to prison, and of the manner in which he has conducted himself while in confinement.

One important point must be mentioned on which criminal statistics are almost entirely silent. The great sources of crime are the personal, the social, and the economic conditions of the individuals who commit it. Criminal statistics, to be exhaustive, ought to include not only the amount of crime and the degrees of punishment awarded to offenders; these statistics should also, as far as practicable, take cognisance of the sources from which crime undoubtedly springs. In this respect, our information, so far as it comes to us through ordinary channels, is lamentably deficient. It is confined to data respecting the age, sex, and occupation of the offender. These data are very interesting, and very useful, as affording a glimpse of the sources from which the dark river of delinquency takes its rise. But they are too meagre and fragmentary. They require to be completed by the personal and social history of the criminal. Crime is not necessarily a disease, but it resembles disease in this respect, that it will be impossible to wipe it out till an accurate diagnosis has been made of the causes which produce it. To punish crime is all very well; but punishment is not an absolute remedy; its deterrent action is limited, and other methods besides punishment must be adopted if society wishes to gain the mastery over the criminal population. What those methods should be can only be ascertained after the most searching preliminary inquiries into the main factors of crime. It ought, therefore, to be a weighty part of the business of criminal statistics to offer as full information as possible, not only respecting crimes and punishments, but much more respecting criminals. Every criminal has a life history; that history is very frequently the explanation of his sinister career; it ought, therefore, to be tabulated, so that it may be seen how far his descent and his surroundings have contributed to make him what he is. In the case of children sent to Reformatory Schools, the previous history of the child is always tabulated. Enquiries are made and registered respecting the parents of the child; what country they belong to, what sort of character they bear, whether they are honest and sober, whether they have ever been in prison, what wages they earn, and whether the child is legitimate or not. A similar method to the one adopted with Reformatory children ought to be instituted, with suitable modifications, in European prisons and convict establishments. It is, at the present time, being advocated by almost all the most eminent criminal authorities,[1] and more than one scheme has been drawn up to show the scope of its operation.

In addition to the service which a complete personal and family record of convicted prisoners would render as to the causes of crime, such a record would be of immense advantage to the judges. At the present time a judge is only made acquainted with the previous convictions of a prisoner; he knows nothing more about him except through the evidence which is sometimes adduced as to character. An accurate record of the prisoner’s past would enable the judge to see at once with what sort of offender he was dealing, and might, perhaps, help to put a stop to the unequal and capricious sentences which, not infrequently, disgrace the name of justice.[2]

Passing from this point, we shall now inquire into the possibility of establishing some system of International Statistics, whereby the volume of crime in one country may be compared with the volume of crime in another. At the present time it is extremely difficult to institute any such comparison, and it is questionable if it can ever be properly done. In no two countries is the criminal law the same, and an act which is perfectly harmless when committed in one part of Europe, is considered in another as a contravention of the law. Each country has also a nomenclature of crime and methods of criminal procedure peculiar to itself. In each country the police are organised on a different principle, and act in the execution of their duty on a different code of rules. In all cases, for instance, of mendicancy, drunkenness, brawling, and disorder, the initiative rests practically with the police, and it depends almost entirely on the instructions issued to the police whether such offences shall figure largely or not in the statistics of crime. A proof of this fact may be seen in the Report of the Commissioner of Police of the Metropolis, for the year 1888. In the year 1886, the number of persons convicted in the Metropolis of “Annoying male persons for the purpose of prostitution” was 3,233; in 1888, the number was only 1,475. This enormous decrease in the course of two years is not due to a diminution of the offence, but to a change in the attitude of the police. Again, in the year 1887, the Metropolitan police arrested 4,556 persons under the provisions of the Vagrant and Poor Law Acts; but in the year 1888, the number arrested by the same body under the same acts amounted to 7,052. It is perfectly obvious that this vast increase of apprehensions was not owing to a corresponding increase in the number of rogues, beggars, and vagrants; it was principally owing to the increased stringency with which the Metropolitan police carried out the provisions of the Vagrant and Poor Law Acts. An absolute proof of the correctness of this statement is the fact that throughout the whole of England there was a decrease in the number of persons proceeded against in accordance with these acts. These examples will suffice to show what an immense power the police have in regulating the volume of certain classes of offences. In some countries they are called upon to exercise this power in the direction of stringency; in other countries it is exercised in the direction of leniency; and in the same country its exercise, as we have just seen, varies according to the views of whoever, for the time being, happens to have a voice in controlling the action of the police. In these circumstances it is obviously impossible to draw any accurate comparison between the lighter kinds of offences in one country and the same class of offences in another.

In the case of the more serious offences against person and property, the initiative of putting the law in motion rests chiefly with the injured individual. The action of the individual in this respect depends to a large extent on the customs of the country. In some countries the injured person, instead of putting the law in motion against an offender, takes the matter in his own hands, and administers the wild justice of revenge. Great differences of opinion also exist among different nations as to the gravity of certain offences. Among some peoples there is a far greater reluctance than there is among others to appeal to the law. Murder is perhaps the only crime on which there exists a fair consensus of opinion among civilised communities; and even with regard to this offence it is impossible to overcome all the judicial and statistical difficulties which stand in the way of an international comparison.

In spite, however, of the fact that the amount of crime...