Criminal Sociology

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Little, Brown, 1917 - Crime - 577 pages
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Contents

The Proper Subject of Criminal Anthropology 79 48 Sociological Definition of Crime
80
Criticism of this Sociological Definition of Crime Inequality of Penalty
81
51 Eclectic Definition of Crime Proal
82
Biological Definition of Crime Bahar
83
Sociological and Biological Bases of Crime
84
Distinction between Antihuman and Antisocial Criminality 85 56 The Existence of an Anthropological Criminal Type
86
Physiognomy most important in Determining a Criminal
87
Objections to the Determination of a Criminal Type
88
Objection based on the Alleged Development of the Thief into the Murderer
91
Objection that the Anthropological is a Professional
92
61 Anthropological Criminal Class a Restatement
95
Heredity and Environment
98
Criminal Etiology
100
Biological Norm or Basis of Origin and Nature of Delinquency
102
Sociological Norm as Basis of Origin and Nature of Delinquency
103
Biological Abnormality as Organic or Psychic Atavism as Basis of Origin and Nature of Delinquency
105
Biological Abnormality of Epilepsy as Basis of Origin and Nature of Delinquency
106
Biological Abnormality of Organic or Psychic Atavism as Basis of Origin and Nature of Delinquency
107
Biological Abnormality of Neurosis or Neurasthenia as Basis of Origin and Nature of Delinquency
108
Biological Abnormality or Degeneracy as Basis of Origin and Nature of Delinquency
109
Biological Abnormality of Defective Nutrition as Basis of Origin and Nature of Delinquency
110
Biological Abnormalities as Basis of Origin and Nature of Delin quency Summary
111
Basis of Origin and Nature of Crime Complex
115
Social Abnormality of Economics as Basis of Origin and Nature of Delinquency
118
Social Abnormality of Juridical Inadaptation as Basis of Origin and Nature of Delinquency
119
Biologicosocial Abnormality as Basis of Origin and Nature of Delinquency
120
Crime is a Phenomenon of BiologicoSocial Abnormality
122
insane born habitual occasional and by passion Grada tion Numerical proportions Other classifications Conclusions J 82 History of the Distinction of ...
125
Conclusions from History of Distinctions of Criminal Categories prior to Lombroso
127
Applicability of Anthropological Data restricted to Certain Categories
129
Criminal Relapse the Rule
130
Proportion of Recidivity in Crimes against the Person
132
Proportion of Recidivity in Crimes against Property
133
Larger Percentage of Habitual Delinquency
134
Percentage in Habitual Delinquency between Assizes and Tri bunals
136
Five Categories of Criminals
138
93 The Criminal Insane
139
The Mattoide and Semiinsane Categories
142
The Borncriminal Category
144
The Habitual Delinquent Category
145
Precocity and Recidivity Traits of the Habitual Criminal
146
Two Objections to Precocity as a Mark of the Categories of Born and Habitual Criminals
150
Objection to Recidivity as a Mark of the Categories of Born and Habitual Criminals
151
The Criminal through Passion Category
152
The Occasional Criminal Category
154
102 Difference between Categories One of Degree
157
Application of Class Division of Criminals
158
Numerical Proportions of the Five Categories of Criminals
159
Other Classifications of Criminals
160
Colajanni and Lombroso Accept the Five Classes of Delinquents
163
New Basis for Legal Science
164
Part II
168
Method of Collecting and Studying Criminal Statistics
169
111 Use and Abuse of Statistics
171
Ethicosocial Inductions from Criminal Statistics
173
113 Criminal Sociological Demands of Statistics
174
Statistics and History
175
Distinction between Natural and Legal Crime
176
CHAPTER II
178
Evolution of Crime
180
Crime and Education 181
181
Numerical Increase in Crime shown by Statistics
182
Actual Increase in Crime
185
Anthropological Factors in Crime Organic Constitution of the Criminals
186
Anthropological Factors in Crime Personal Characteristics of the Criminals
187
Ratio of Civil and Penal Justice
188
Criticism of Colajannis Classification of Crime
189
Criticism of Aramburns Classification of Crime
190
Criticism of Tardes Classification
191
Complexity of Origin of Crime
192
CHAPTER III
195
Crime as Denounced
196
Periodical Growth of Crime
197
Permanent Increase in Crime
198
Increase of Crime Classicism and Positivism
199
Comparative Tables
200
Increase in Contraventions and Increase in More Serious Crimes
202
Increase in Population a Factor in the Increase of Crime
206
CHAPTER IV
209
Reflex and Complementary Crime
211
Criminal Supersaturation and Regularity of Crime
212
Criminal Supersaturation and Punishment
214
Legislative Repression and the Increase in Crime
216
Judicial Repression and the Increase in Crime
217
Severity and Leniency in Judicial Repression
218
Unpunished Crimes as a Cause of Increase in Crime
221
Prevention of Crime not Punishment for Crime Needed
225
Three Sociological Strata of Delinquents
226
Punishment as a Preventative and the Three Classes of Criminals
228
Prevention the Object of Criminal Laws
230
History of Punishment
231
Exceptional Penalties and Repression
233
Distinction of Fear of Punishment and Repressive Penalties
236
Moral Prevention of Crime
239
Punishment is a Negative Repressive Force 240
240
CHAPTER V
242
Penalties Substitutes
243
Penal Substitutes
246
Penal Substitutes Economic Order Freedom of Emigration
247
Penal Substitutes Economic Order Public Works
248
Physical and Psychopathogenic Influence of Alcohol
252
Alcoholism and Drunkenness
253
Penal Substitutes Social Order Poverty and Fatigue
254
Repressive Remedies
255
Relation of Alcoholism and Crime Remedies of Regulation
256
Relation of Alcoholism and Crime Psychological Remedies
257
Penal Substitutes Economic Orders in General
258
Vagabondage and Crime
261
181 Penal Substitutes Economic Order Conclusion
264
Penal Substitutes Scientific Order
266
Penal Substitutes Civil and Administrative Order
267
Penal Substitutes Religious Order
271
Penal Substitutes Family Order
272
Penal Substitutes Neglected Children
274
CHAPTER VI
278
Inevitability of Social Friction Crime Unavoidable
280
Penal Substitutes A General Argument
281
The Importance of the Theory of Penal Substitutes
282
Prevention of Crime a Duty for the Criminologist
283
Crime is Pathological Need of Prevention
285
PART IiI
288
207 Examples of Equivocal Meaning of Liberty
301
Denial of Free Will is not Fatalistic
303
Limited Moral Freedom Important to Sustain Criminal Law 305 211 Theory of Limited Moral Freedom in Practical Jurisprudence
307
THE PROBLEM OF PENAL JUSTICE WITH THE DENIAL OF FREEWILL Natural defensive reaction Present reaction Ethnical character of retribu...
308
213 Basis of Responsibility
309
Need of History to determine Basis of Responsibility
310
215 Evolution of Defensive Reaction
311
Identity of Military and Legal Reaction
313
Penal Lack of Recognition of Morality of Act
316
Evolutionary Phases of Law
317
The Last Evolutionary Phase of Law the Social Phase
318
Development of Penal Law toward the Defensive
320
Penal Function defensive and unconnected with Conditions of Moral Liberty
321
CHAPTER III
322
Reparation not Defense
323
Social Pro tection
325
Conditions of Existence
330
Influence of the Dominant Class
333
Scientific Socialism
334
228 Two Forms of Criminality
335
Distinction between Two Forms of Criminality
336
CHAPTER IV
339
232 Legal Responsibility
340
Objection that New Penology is Not Based on Right
341
Positivistic Basis of Penal Law
342
Physical Biological and Social Sanctions
343
Coercive
344
The Essential Quality Common to All Forms of Social Sanction
345
Moral Culpability must be Discarded as a Prerequisite in Crime
347
Social Selection
349
242 Moral Culpability an Impossible Basis for Defense of Society
351
Social Accountability in Place of Moral Responsibility
352
Public Opinion and Social Defense
356
Moral Insanity
359
247 Basis of Right to Punish
360
Imputability and Responsibility
362
Relative freedom of will limited ideal practical Liberty of intelligence Voluntariness Intimidability Normality Personal identity and social resemblance...
364
Development of Rights
366
Eclectic Theories of Responsibility Limited Relation Liberty of the Will
367
Ideal Liberty
368
Practical Freedom
371
Error of Subjecting Science to State of Popular Opinion
372
Exigencies of the Idea of Justice
373
Voluntarianism
378
Intimidability
382
Normality Poletti
390
Criticism of the Theory of Poletti
392
262 Criticism of the Theory of Liszt
394
The Eclecticism of Tarde
395
Original Development of the Eclecticism of Tarde
397
Tarde Personal Identity
401
Social Similarity
402
State of Criminality
404
CHAPTER VI
406
repressive and eliminative means 268 Insufficiency of Other Theories of Responsibility than the Positive 406 269 Application of the Fundamental P...
407
Greater Importance of Prevention
410
The Relations of Criminal and Civil Law
413
Positive Means of Social Defense
414
Preventive Means
416
Reparative Measures
417
Repressive Means
419
Summary
420
Chapter VII
421
Determinative Motives of Action
423
Criticisms of Determinative Motives
424
Determinative Motives as Applied to Insane Delinquents
426
Conclusion
432
Influence of the New Data 436 289 Examples of Influence of New Data
438
292 Examples of Exaggerated Individualistic Tenets
444
First Form of Individual Criminal Action
451
THE MACHINERY OF PENAL JUSTICE AND ITS ACTUAL CHARACTER The proper duty of a penal judgment The preparation of the case judici...
456
Judicial License
457
Characteristics of Penal Judgment Lack of Organization
459
Their Impotence
461
Proper Duty of a Penal Judgment
462
306 The Phases of Evidence
464
Detection of the Criminal Bertillonage
465
Detection of the Criminal Sphygmography
467
Detection of the Criminal Conclusion
468
Trial
471
Public Defenders
472
Scientific Capacity of Judiciary
473
Independence of the Judiciary
474
The Qualification of the Judiciary
476
CHAPTER IV
479
its Advantages and Disadvantages
481
The Jury as a Juridical Institution
482
The Capital Fault of the Jury System
485
The Incoherence of its Acts
487
The Jury Considered Psychologically and Sociologically
489
the Tendency of the Profes sional Judge to Convict
490
Psychologically Unfitted for Europe
491
Not Evolutionary
493
The Necessity of the Abolition of the Jury System in the Trial of Ordinary Crimes
495
THE BANKRUPTCY OF THE CLASSICAL PENAL SYSTEMS AND THE POSITIVIST SYSTEM OF REPRESSIVE SOCIAL DEFENSE Fundamen...
498
Fundamental Criteria of the System of Social Defense
502
B Reparation in Damages
509
C The Choice of Defensive Means for Different Categories of De linquents
515
Prisons must be Hospitals where Delinquency is Treated
518
Prisons must not be Places of Ease
519
Chapter VI
521
Asylums for the Criminal Insane Objections Expense
522
The Born Criminal and Capital Punishment
527
Theory that no Punishment should be Permanent
533
Deportation for Life
534
Indeterminate Segregation
537
342 The Cellular System
540
Outdoor Work in Farming Colonies
543
Classification of Habitual Criminals
545
Substitutes for Shortterm Sentences
546
Conditional Sentence
547
their Relative Impunity
553
Summary of Practical Reform
554
Chapter VII
555
Relations between Penal Law and Criminal Sociology and Criminal Sociology and Politics
556
Value of Origin of Crime as a Basis of Criminology
562
Ultimate Significance of New Discoveries and Methods
563
Penal Procedure in the Future
565
INDEX
571
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Page ii - PARMELEE, Associate Professor of Sociology in the University of Missouri. ^/ 4. The Individualization of Punishment. By RAYMOND SALEILLES, Professor of Comparative Law in the University of Paris. Translated from the Second French edition, by Mrs.
Page vi - A larger or smaller dose of calomel, a greater or less quantity of bloodletting, — this blindly indiscriminate mode of treatment was regarded as orthodox for all common varieties of ailment. And so his calomel pill and his bloodletting lancet were carried everywhere with him by the doctor. Nowadays, all this is past, in medical science. As to the causes of disease, we know that they are facts of nature, — various, but distinguishable by diagnosis and research, and more or less capable of prevention...
Page xxx - If you regard the general condition of misery as the sole source of criminality, then you cannot get around the difficulty that out of one thousand individuals living in misery from the day of their birth to that of their death only one hundred or two hundred become criminals, while the other nine hundred or eight hundred either sink into biological weakness, or become harmless maniacs, or commit suicide without perpetrating any crime. If poverty were the sole determining cause, one thousand out...
Page vii - ... make-up, his emotional temperament, the surroundings of his youth, his present home, and other conditions, — all the influencing circumstances. And it means that the effect of different methods of treatment, old or new, for different kinds of men and of causes, must be studied, experimented, and compared. Only in this way can accurate knowledge be reached, and new efficient measures be adopted.
Page 207 - Ferri stated his famous law of criminal saturation, that " the level of crime each year is determined by the different conditions of the physical and social environment combined with the congenital tendencies and accidental impulses of individuals, in accordance with a law, which, in analogy to the law of chemistry, I have called the law of criminal saturation. As a given volume of water at a definite temperature will dissolve a fixed quantity of chemical substance and not an atom more or less; so...
Page vii - All this has been going on in Europe for forty years past, and in limited fields in this country. All the branches of science that can help have been working, — anthropology, medicine, psychology, economics, sociology, philanthropy, penology. The law alone has abstained. The science of law is the one to be served by all this. But the public in general and the legal profession in particular have remained either ignorant of the entire subject or indifferent to the entire scientific movement. And...
Page 361 - LAW. entertained, the extreme opposite will be found to have been a far more popular opinion; — I mean the notion that a man is answerable for all the consequences of his acts, or, in other words, that he acts at his peril always, and wholly irrespective of the state of his consciousness upon the matter.
Page ii - French edition, by Mrs. RACHAEL SZOLD JASTROW, of Madison, Wis. With an Introduction by ROSCOE POUND, Professor of Law in Harvard University. 5. Penal Philosophy. By GABRIEL TARDE, Late Magistrate in Picardy, Professor of Modern Philosophy in the College of France, and Lecturer in the Paris School of Political Science. Translated from the Fourth French edition, by RAPBLJE HOWELL, of the New York Bar.
Page v - It has arranged with publisher, with authors, and with translators, for the immediate undertaking and rapid progress of the task. It realizes the necessity of educating the professions and the public by the wide diffusion of information on this subject. It desires here to explain the considerations which have moved it in seeking to select the treatises best adapted to the purpose. For the community at large, it is important to recognize that criminal science is a larger thing than criminal law. The...
Page xlii - The reclusion of dangerous criminals for an indeterminate time is a proposal of the positivist criminal school, since it would be as absurd to say that a murderer should remain in prison twenty years rather than fifteen or thirty as it would to say in advance that a sick person should stay in a hospital ten days rather than twenty or fifty. As the sick person is kept in the hospital just as long a time as is necessary for his cure, and as the insane patient remains in the asylum all of his life unless...

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