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Page 4
[1] See Appendix I.
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]
[2] In his interesting work, "Die Beziehungen zwischen
Geistesst�rung und Verbrechen," Dr. Sander shows that out of a
hundred insane persons brought up for trial, the judges only
discovered the mental state of from twenty-six to twenty-eight
per cent. of them.
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 committed in
civilised countries cannot be subjected to exact comparison, there are
various points on which the international statistics of crime are able
to render valuable service. It is important, for instance, to see in
what relation crime in different communities stands to age, sex,
climate, temperature, race, education, religion, occupation, home and
social surroundings. If we find, for example, an abnormal development
of crime taking place in a given country at a certain period of life,
or in certain social circumstances, and if we do not discover the same
abnormal development taking place in other countries at a similar
period of life, or in a similar social stratum, we ought at once to
come to the conclusion that there is some extraordinary cause at work
peculiar to the country which is producing an unusually high total of
crime. If, on the other hand, we find that certain kinds of crime are
increasing or decreasing in all countries at the same time, we may be
perfectly sure that the increase or decrease is brought about by the
same set of causes. And whether those causes are war, political
movements, commercial prosperity, or depression, the community which
first escapes from them will also be the first to show it in the
annual statistics of crime. In these and many other ways international
statistics are of the greatest utility.
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