3ENNIS & CO., INC. Law Book Publishers 251 MAIN STREET BUFFALO 3. N. Y. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW CRIMINOLOGY MODERN CRIMINAL SCIENCE SERIES Published under the auspices of the American Institute of Criminal Law and j Criminology 1. Modern Theories of Criminality. By C. BERNALDO DE QUIROS, of Madrid. Translated from the Second Spanish edition, by Dr. ALFONSO DE SALVIO, / f Assistant Professor of Romance Languages in Northwestern University. With an r~f American Preface by the Author, and an Introduction by W. W. SMITHERS, of the Philadelphia Bar. ^ 2. Criminal Psychology. By HANS GROSS, Professor of Criminal Law in the University of Graz, Austria, Editor of the Archives of Criminal Anthropology and , Criminalistics, etc. Translated from the Fourth German edition, by Dr. HORACE M. KALLEN, Professor of Philosophy in Wisconsin University. With an American Preface by the Author, and an Introduction by JOSEPH JASTROW, Professor of Psychology in the University of Wisconsin. ^ 3. Crime, Its Causes and Remedies. By CESARE LOMBROSO, late Professor of Psychiatry and Legal Medicine in the University of Turin, author of the " Criminal // Man," Founder and Editor of the "Archives of Psychiatry and Penal Sciences." ff Translated from the French and German editions by Rev. HENRY P. HORTON, M.A., of Ithaca, N. Y. With an Introduction by MAURICE PARMELEE, Associate Professor of Sociology in the University of Missouri. ^ Y 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. RACHAEL SZOLD JASTROW, of Madison, Wis. With an Introduction by ROSCOE POUND, Professor of Law in Harvard University. V* 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 RAPELJE HOWELL, of the New York Bar. With an Editorial Preface by EDWARD LINDSEY, of the Warren, Pa., Bar, and an Introduction by ROBERT H. GAULT, Assistant Professor of Psychology in Northwestern University. ** . Crime and Its Repression. By GUSTAV ASCHAFFENBURG, Professor of Psychiatry in the Academy of Practical Medicine at Cologne, Editor of the "Monthly Journal of Criminal Psychology and Criminal Law Reform." Translated from the Second German edition by ADALBERT ALBRECHT. With an Editorial Preface by MAURICE PARMELEE, Associate Professor of Sociology in the University of Missouri, and an Introduction by ARTHUR C. TRAIN, formerly Assistant District Attorney for New York County. w 7. Criminology. By RAFFAELLE GAROFALO, late President of the Court of Appeals of Naples. Translated from the First Italian and the Fifth French edition, by ROBERT W. MILLAR, Esq., of Chicago, Professor in Northwestern University Law School. With an Introduction by E. RAY STEVENS, Judge of the Circuit Court, Madi- son, Wis. 8. Criminality and Economic Conditions. By W. A. BONGER, Doctor in Law of the University of Amsterdam. Translated from the French by HENRY P. HORTON, M.A., of Ithaca, N. Y. With an American Preface by the Author, and an Editorial Preface by EDWARD LINDSEY, of the Warren, Pa., Bar, and an Introduction by FRANK H. NORCROSS, Justice of the Supreme Court of Nevada. 9. Criminal Sociology. By ENRICO FERRI, of the Roman Bar, and Professor of Criminal Law and Procedure in the University of Rome, Editor of the " Archives of Psychiatry and Penal Sciences," the "Positivist School in Penal Theory and Practice," etc. Translated from the Fourth Italian and Second French edition, by JOSEPH I. ^ KELLY, late Lecturer on Roman Law in Northwestern University, and Dean of the Faculty of Law in the University of Louisiana, and JOHN LISLE, late of the Philadelphia Bar. With an American Preface by the Author, an Editorial Preface by WILLIAM W. SMITHERS, of the Philadelphia Bar, and Introductions by CHARLES A. ELLWOOD, Pro- fessor of Sociology in the University of Missouri, and QUINCY A. MYERS, formerly Chief Justice of the Supreme Court of Indiana. THE MODERN CRIMINAL SCIENCE SERIES Published under the Auspices of THE AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY Criminology BY BARON RAFFAELE GAROFALO Procurator-General at the Court of Appeal of Venice and Senator of the Kingdom of Italy Translated by ROBERT WYNESS MILLAR Lecturer in Northwestern University Law School WITH AN INTRODUCTION BY E. RAY STEVENS Judge of the Circuit Court, Madison, Wis., Member of Executive Board of American Institute of Criminal Law and Criminology BOSTON LITTLE, BROWN, AND COMPANY 1914 COPYRIGHT, 1914, BY LITTLE, BROWN, AND COMPANY. All rights reserved T ! ~ * ^S i o B O t- rH GO O rH rH 00 CM si rH co t> t^ eo 00 O OS 00 (N _ _ _ _ O * 00 * ** rH * o * eo *- oo os (M eo oo o ^f 4 ^ *O OS ^* 00 l> OS OS * v * 1 Tji eo o oo eo eo t rH rH rH O 00 rH co 1 d 1 eo" of co" o * o o eo t> co co o 3 O * M5 CO 00 rH oo eo -i- CO rH to ' rH ' in 0. 8 6 os : d rH ^ .CO CM rH CM Si :i O t> O * rH CO O O "33 CD rH -Q) OS * rH o eo * o co * 9) rH 1 co *o 'CM i i os co co eo 11 I of be g cc e ^ '^ 'x-vososV^^ ^os oT 2 oo is 1-1 12^2^.727 *? O | ^f* 00 Ci *O ^ tj'ij "|l ^T) 438 CRIMINOLOGY [App. B Homicides. From the foregoing it appears that of the eight countries included, Italy and Spain head the list, as to homi- cides, exhibiting, for the period 1895-1899, a respective annual average of 6.43 and 4.90 convictions for each 100,000 inhabi- tants. Moreover, the figures for Spain would have been much higher were it not that in the Spanish statistics attempts to kill by means of fire-arms form a class apart, there being, in 1899, 1,633 convictions for this offense. Next follow Austria with 1.72 and France with 1.24 as their annual averages per 100,000 inhabitants, the former, during 1894-1898 and the latter during 1895-1899. Ireland (1895-1899) and Germany (1897-1899) take third place, each having less than 1 and more than .50 for the same quota of inhabitants. England and Scotland come last, since the one, from 1895 to 1899, the other from 1897 to 1899, showed annually less than .50 convictions per 100,000 inhabitants. With reason, it may be said that in Great Britain the crime of murder tends to disappear. Hungary is not included in this table, but statistics of a somewhat less recent date, require it to be assigned a prom- inent place. From 1885 to 1899, the annual average per 100,000 inhabitants of convictions for murder (exclusive of infanticide) was 7.50, the actual number being 1,262. Holland, Denmark, Sweden, and Norway, according to statistics of the same period, rank with Ireland and Germany in that they give an annual average of less than 1 and more than .50 per 100,000. Belgium falls in the second class, approaching Austria and France, with 1.48 per 100,000. Still following M. Bosco's data, we find Russia in Europe given an annual average, from 1885 to 1889, of 3,266 convic- tions, or 3.71 per 100,000. It would thus occupy an interme- diate position, below Hungary, Italy, and Spain and above Austria and France. But the figure mentioned is very different from that we would be led to fix by the official statistics of the APP. B] APPENDIX 439 Russian government for 1901. According to this recent source of information, the number of homicides of every description reported to the judges of instruction in that year attained the enormous total of 15,326. The population being estimated at 113,629,270, it follows that the proportion per 100,000 inhabitants would be almost 13.5. These statistics, it is true, do not furnish us with the number of convictions, but assum- ing, on the one hand, that convictions ensue for two-thirds of the accused and, on the other, that two or more persons are often implicated in the same crime, it must be concluded that in respect of the number of its murders, Russia holds the foremost place in Europe, except, perhaps, for Greece and the Danubian and Balkan States, whose statistics we do not possess, but which we know must have a very high proportion of this species of crime. It is important to notice, however, that there is a great difference between the proportions of the Russian, Little Russian, and German provinces on the one side, and those of Poland, the Caucasus, Georgia, and Armenia, on the other. The three last, grouped under the heading "Judicial Court of Tiflis," show especially high figures. In a population of 9,201,710, the number of homicides reported to the judges of instruction was 5,045 about one-third of the whole number in the Russian Empire. These regions would therefore show almost 55 homicides per year for each 100,000 inhabitants. If we exclude the district of the Judicial Court of Tiflis, the average for Russia falls to 10 per 100,000. The case would be analogous to that of Italy if we left out of view the Southern provinces. Poland, also, with 1,172 murders for about nine and one-half millions of people, exhibits a higher amount of criminality of this sort than Russia proper (that is to say, the judicial districts of St. Petersburg, Moscow, Kharkoff, Odessa, Saratoff, Kasan, Kieff and Vilna), where out of a population of about 95 millions the number of homicides was 8,790. Assaults, etc. We turn now to those attacks upon physi- 440 CRIMINOLOGY [App. B cal integrity which the English law groups under the term " assaults " and which in other criminal systems are designated as "strikings, woundings and acts of physical violence " ("coups, blessures, voies de fait")- Here, at first glance, the propor- tions of the several countries appear to be very much changed. Austria, for every 100,000 inhabitants, has 304.52 convictions, Germany, 214.94, and Ireland, 227.36, while Italy shows but 110.56 and France, 86.97. Italy thus would approximate England in the present respect, since the latter's proportion is 101.46, whereas its convictions for murder represent less than one-twelfth the number of Italy. But the lack of statistical uniformity forbids any conclusion from this resemblance. In the first place, the class denominated as " assaults " is much more comprehensive than that of strikings and woundings and embraces cases of threats and minor attacks upon the person, which in France would be treated as mere police offenses ("contraventions"). In England, furthermore, the person aggrieved, however slight his injury, nearly always puts the matter in the hands of the police, with the result that prosecutions of this character are very frequent. Moreover, criminal justice is speedy, and the offender is almost certain to be convicted. And finally, the excessive use of intoxicating liquors, still very prevalent in the lower classes, accounts in a large measure for the frequency of this species of crime, which, however, is steadily decreasing. As for Austria, although the proportion of strikings and woundings is comparatively high (almost three times that of Italy), it must be noted that prosecution in that country is always on official initiative, while in Italy and elsewhere, for the less serious (and, of course, the more numerous) offenses, it occurs only on complaint of the injured person; and very often in such cases no complaint is ever made. Then, again, racial differences have much to do with the offenses in question. Galicia and Bukowina (Poles and Ruthenians) and Carniola and Dalmatia (Slovenians and Serbo-Croatians) which to- gether form scarcely a third of the Austrian Empire, contrib- APP. B] APPENDIX 441 ute two-thirds of the total number of strikings and wound- ings. 1 On the contrary, the proportions are very low in the provinces where the German element predominates. But how are we to explain the high number of such offenses occurring in Germany? The reason would seem to be that prosecution is there more rigorous and is generally concerned with minor acts of violence. Even for the class of serious woundings ("gefahrliche Korperverletzungen"), the number committed with a knife or similar instrument is estimated at less than one-tenth of the whole number. 2 Unfortunately, as much cannot be said of Italy, where the knife continually plays a part in the most trivial disputes, or of Spain, where the "navaja" is the inseparable companion of the peasant and laborer. 3 And yet, according to its official statistics, Spam would come last in respect to the offenses under discussion. This fact is principally due to habitual failure to make complaint, either because the injured person desires to take the law into his own hands, or because the results of a prosecution do not appear to him worth while. Thefts. With respect to the category of thefts, it is to be observed that the countries most favorably circumstanced appear to be England and France, the former having but 123 convictions per 100,000 inhabitants and the latter 106, as against 181 for Italy and 187 for Germany. The situation of Austria appears much more serious, since its proportion is 497 per 100,000 inhabitants. But here, again, we find that a large number of offenses considered as misdemeanors ("delits") in Austria would be treated as police offenses ("contraventions") under the laws of many other States. Moreover, the fact that three-fourths of the persons con- victed were punished with less than eight days' imprisonment indicates the unimportance of most of these thefts. It is the opinion of M. Bodio, that the differences between the Euro- pean countries in relation to this crime would be considerably 1 A. Bosco, op. cit., p. 86. * Ibid., p. 109. Ibid., p. 71. 442 CRIMINOLOGY [Apr. B less if one could take into account the relative facility of com- plaint and prosecution. Crime in General. A word may be proper as to the ten- dency of crime in general. Italy manifests a continual increase. The total number of felonies ("crimes") and mis- demeanors ("delits") reported to the authorities, which was 357,430 in 1887, rose to 511,682 in 1899. This is an increase of 3^% per annum, while that of the population for the same period was only 1% per annum. In Germany, the number of convictions for the common offenses ascended from 309,720 in 1882 to 440,534 in 1899; the proportionate increase of crime during this period was nearly double that of the popu- lation. Austria, as against 18,154 convictions for felonies ("crimes") in 1865, had 31,000 in 1898; as against 202,193 convictions for misdemeanors ("delits") in 1875, 306,007 in 1898. In Spain, the progressive increase in the common crimes which continued up to 1890, appears since to have abated. Between the annual averages for the periods 1891- 1895 and 1896-1899, the difference is not very marked, the figures being 20,102 and 19,943, respectively. As for France, we have already noticed that the total number of offenses, on the increase from 1861 to 1895, has since begun to exhibit a perceptible diminution. In England and Ireland the decrease is constant. Scotland, however, showed a slight increase during the closing years of the 1800s. INDICES INDEX OF AUTHORS [Square brackets indicate citation in translator's notes] ALBRECHT, 253. [ANDREWS, 246]. ARAMBURTT (DE), xxx, 25, 42, 43, 45, 46, 53, 224. ARMENGOL Y CORNET, 422. AUBRY, 114, 196, 382. AVEBURY (LORD). See LUBBOCK. AZEVEDO (D'), 131. B BAGEHOT, 14, 108. BALLERINI, 131. BALZAC (DE), 38. BARZILAI, 329. BEBEL, 143, 144. BECCARIA, 55, 370, 382. BELTRANI-SCALIA, 208, 211, 370, 377, 379, 394. BENEDIKT, 67, 76, 79, 114, 115, 128, 133. BENTHAM, 55. BERET, 146. BERTAULT, 56. BERTILLON, 205, 212. BLOCK, 145, 175. BODIO, 436, 441. BONVECCHIATO, 131. BORDIER, 68. Bosco, 120, 436, 438, 441. BOURNET, 119, 193. BRIGHTON, 361. BROCKWAY, 267. BRUCK, 328, 393. BUCKLE, 118. BURI (VON), 310, 311. CABET, 147. CESAR (JULITJS), 119. CARNEVALE, 221, 368. CARO, 94. CARRARA, 295, 296, 309, 310. CAZOT, 210. CHATJVEAU, 56, [321]. CICERO, 10. COHN, 309, 312. COLAJANNI, 43, 46, 48, 75, 117, 118, 120. COOK (CAPTAIN JAMES), 12, CORRE, 67, 73, 131. COSENZA, 331, 332, 341. CRUPPI, 356, 359. DANTE, 222, 307. DARWIN, 7, 8, 20, 140, 217, 258. DELAUNAY, 71. DELLEPIANE, 102. DESPINE, 66, 81, 98, 183, 187, 261, 264, 266, 375. DORADO-MONTERO, XXX, 422. DOSTOIEFFSKY, 78, 83, 85, 86, 87, 89, 90, 19. DRAGO, 82, 101. DRAGU, 50. DRUCKER, 187, 188. Du BLED, 80. Du MOUCEAU, 435. DUCP&TIAUX, 211. E ElSENMANN, 422. ELLERO, 356. ELLIS (HAVELOCK), xxx. ESPINAS, 52, 258. FANI, 393. FARINACCI, 325. FENELON, 143. FERE, 106, 110. FERRI, 67, 69, 70, 71, 73, 118, 132, 143, 162, 163, 172, 181, 182, 184, 185, 189. FERRUS, 66. FEUERBACH, 245, 297. FILANGIERI, 55, 242, 246, 249, 370. FIORETTI, 98, 99, 281, 391. FLANDIN, 422. FOLEY, 71. FOREL, 79. 446 INDEX OF AUTHORS FORNASABI DE VERGE, 160. FOUILLEE, 44, 47, 181, 259. FOURIER, 147. FRANCK, 56, 145, 286. FRASSATI, xxx, 31, 287. FREULER, 380. G GABELLI, 113. GALL, 66. [GARCON, 59, 151, 333]. GAROFALO, xxx, xxxiv, 77, 79, 82, 143, 269, 303, 304, 313, 326, 342, 343, [344], 391, 420, 422. [GARRAUD, 24, 292, 321]. GAUTIER, 71. GEYER, 309, 310, 312, 318. GUIZOT, 56. HAECKEL, 257. HAUS, 56, 325. HAUSSONVILLE (D'), 138, 158, 159, 208, 394. HEGER, 75. HELIE, 56 [321]. HERBETTE, 260. HERZ, 310. HOLINSHED, 247. HOLTZENDORFF (VON), 240, 296, 375. HUGO, 27. JACOB Y, 253. JEANVROT, 266. JHERING, 58. JUVENAL, 17. K KAN (VAN), xxx, 160. KANT, 231, 238. [KEANE, 107]. KNECHT, 69. KRAEPELIN, 269. LACASSAGNE, 179. [LACOINTA, 321]. LAMARTINE (DE), 124. LAUVERGNE, 66, 71, 382. LAVELEYE (DE), 143. LE BON, 122, 124. [LE SUEUR, 60]. LEVEILLF,, xxx, 393, 422. LEVY-BRUHL, 82. LISZT (VON), xxrx, 238, 269, 272, 310, 312. LIVY, 428. LOMBROSO, 66, 68, 69, 70, 72, 75. 81, 85, 105, 106, 183, 186, 206, 252, 286, 291, 293. LOZANO, xxx, 42. LUBBOCK, 17. LUCAS (BERNARDO), 131. LUCAS (CHARLES), 166. LUCAS (PROSPER), 66. LUCCHINI, 46. M MAGNAN, 110, 260. MAINE (Sm H. S.), 356. MALTHUS, 181, 183, 189. MANCINI, 327. MANOUVRIER, 71. MARRO, 67, 68, 69, 72, 93, 160, 291, 293. MARTINEZ, 53. MARUCCI, xxx. MARX, 246, 247. MASPERO, 27. MATTOS (DE), xxx, 131. MAUDSLEY, 9, 103, 280, 285. MAYR, 161. MENDES MARTINS, xxx. MINZLOFF, 205. MlTTELSTADT, 264. MlTTERMAIER, 56. MODDERMANN, 187. MOLET, 260. MOREAU, 81, 83. MOREL, 66. MORENO, 269. [MORTARA, 195], N NEWMANN, 62, 201. NICEFORO, 161. NICOLSON, 66. NIETZSCHE, 139. NORDAU, 17. NOVELLIS (DE), 364. O OLIVECRONA (D'), 210, 225, 395. ORANO, 329. ORTOLAN, 56, 318. INDEX OF AUTHORS 447 OSENBRtTGGEN, 309. OTTOLENGHI, 67. OWEN, 143, 144. PAULHAN, 282, 304. PAULUS, 99. PA VIA, 362. PENTA, 68. PEREZ, 259, 291. PESSINA, 275. PIGEON, MME., 260. [PIKE, 247]. PIPERNO, 274. PLATO, 231. PLUTARCH, 12. POE (EDGAR ALLAN), 103. POET (DR. LYDIA), 422. POLETTI, 166, 167, 170, 171, 173, 174, 176, 301, PRINS, xxix, xxx, 75, 76, 238, 271, 420, 422, 425, 426, 430, 433, 435. PROAL, xxx. PUGLIA, xxx, 281. Q [QUATREFAGES, 107]. QUETELET, 163, 179. R REINACH, 211, 225, 328. RIBOT, 62, 94, 252, 266. ROMAGNOSI, 55, 135, 167, 180, 181, 238 245 297 Rossii 56/57, 294, 295, 297, 315, 316, 318, 322. ROUSSEAU, 370. 8 SABINUS, 99. SALEILLES, xxx. SCHAFFLE, 11. SCHWARZE, 310. SCIAMANNA, 257. SERGI, 31, 110, 261. SHAKESPEARE, 105, 307. SIGHELE, 48, 122, 124, 125, 290. SILVELA, 359, 362. SLOSSBERG, 422. SPENCER, 7, 10, 18, 21, 25, 30, 140, 141, 228, 241, 264, 349, 371. SPERANZA, 291. STANLEY (LORD), 264. [STEPHEN (Sm J. F.), 59, 194, 200, 247, 333, 340, 341, 345, 355]. TACITUS, 119. TAINE, 26. TALLACK, 426, 432, 434. TARDE, xxx, 27, 50, 74, 78, 104, 106, 108, 109, 110, 118, 122, 123, 124, 138, 164, 170, 172, 175, 182, 203, 213, 240, 274, 281, 315, 316, 337, 356. TAVERNI, 260. TAYLOR, 98, 286. THOMSON, 66, 92. THONISSEN, 220. TOLSTOI, xxxin, 145, 148, 155. TOPINARD, 71, 107. TREBUTIEN, 56. TURATI, 144, 150, 153. TURIELLO, 199, 206, 349, 358, 360, 379. VACCARO, 46, 47, 48. VENTURI, 253, 254. VIRGILIO, 66, 68, 92, 99. VIVEIROS DE CASTRO, xxx, 399. VUCETICH, 212. W [WALLACE (Sm D. M.), 87]. WARNER (CHAB. DUDLEY), 267. WILLERT, 268. XENOPHON, 12. ZOLA, 155. ZORLI, 143. ZUCCARELLI, 122. ZUCKER, 422. SUBJECT INDEX (Numerals in bold type distinguish references to Part IV: " Outline of Principles Sug- gested as a Basis for an International Penal Code.") Abduction, 40, 386. Abnormality of criminals, xxv. See CRIMINAL ANOMALY; PHYSICAL ANOMALY; MORAL ANOMALY. Aborigines, of New Caledonia, 6. of Australia, 29. Abortion, among Polynesian tribes, 29. Accessory. See CRIMINAL PARTICIPATION. Accomplice. See CRIMINAL PARTICIPATION. Accusation, system of. See PROSECUTION AND TRIAL. "Actes prSparatoires," 314, 318. Action. See CRIMINAL ACTION. Activity, Poletti's theory of proportion between honest and evil, 165-177. See also PROSPERITY. Adaptation, The Law of, 217-269. Adaptation, as a criterion of punishment, 299-308. method of determining offender's, 300, 301, 307. "Addictio," 428. Adolescents. See YOUTHFUL OFFENDERS. Adultery, in some semi-civilized communities, 5. in Sparta, 12. and the elementary altruistic instincts, 36, 37. Advocates. See COUNSEL. Affective sentiments deficient in murderers and homicidal criminals, 93. 104. Africa, Central, murder from brutality among savages of, 6, 29. Africa, South, infanticide in, 29. Agamemnon, 28. Age, of parents, as determining criminal aptitudes of children, 93. and moral responsibility, 290-293. as an element in determining adaptation, 300. change of, as modifying the character, 385, 411. differential penal treatment influenced by, 408. See also CHILDREN; MORAL RESPONSIBILITY; YOUTHFUL OFFENDERS. Aggravated theft, 151, 198, 245, note 1, 300. in French and Italian law, explained, 151, note 1. Aggravation, circumstances of, as distinguished into material and per- sonal, 321, note 2. attribution to co-participant, 321 and note 2, 322. Aggregation, violation of fundamental rules of particular, attended by exclusion, 218, 219. Agricultural classes, their contribution to criminality, 157, 158. 450 SUBJECT INDEX Agricultural colonies for youthful offenders, in France and elsewhere, 395 396 good effects, 225, 395, 396. recommended, 269, 301, 388, 395. Aiguesmortes, murder of Italian workmen at, 361. Akimitch, Akim (in Dostoieffsky's "House of the Dead"), 90. Albania, the vendetta in, 49. brigandage in, 127. Albigenses, their persecution, 27. Alcoholic liquors, influence upon crime, 117, 185, 188. increase of consumption in France in 1800s, 162, note 1, 169. duties on, recommended by Ferri et al., 182, 183, 187, 188. absolute prohibition of sale desirable, 187. Dutch excise law of 1882 fixing maximum number of taverns, 187, 188. Alcoholism, means of diminishing, 186, 188. to be distinguished from drunkenness, 287. See also DRUNKENNESS. Ali (in Dostoieffsky's "House of the Dead"), 89, 90. Alienation, mental. See INSANITY. Alienation of property. See FRAUDULENT CONVEYANCE. Alienist experts, harm worked by, 287. Altruistic sentiments, elementary, 19-^33. represented by benevolence and justice, 19. i. e., negative pity, 23, 25, 29. and elementary probity, 31. their evolution, 19, 25, 26, 27, 30, 32. offenses violating, 34 et seq., 40, 41. offenses not violating, 34 et seq., 41-45. See also BENEVOLENCE; JUSTICE; PITY; PROBITY; NATURAL CRIME. Ambrogio, Frate, 114. Amnesty, its encouragement of professional offenders in Italy, 209. its abolition recommended, 369, 406. Analgesia, 92. Anatomic characteristics. See PHYSICAL ANOMALY. Andaman Islands, 393. Anger not sufficient to explain an act of cruelty, 116. See also PASSION, CRIMES OF. Animals, sympathy for, a late moral acquisition, 20, 27, 44. Anomaly. See CRIMINAL ANOMALY; PHYSICAL ANOMALY; MORAL ANOMALY. Antecedents of criminals an element in determining question of adapta- tion, 300. Anthropologic data as to criminal anomaly, 65-79. mentioned, xxv. Anthropologic type of criminal, Lombroso's theory, 66, 67. its existence not established, 70 et seq. physiognomic types, 72-79. Tarde's theory of professional or social types, 75, 76. Anti-religious bias, condemned by Spencer, 141. Appeal, Courts of, in France and Italy, 193, note 3. Arrested development, and theory of prehuman atavism, 110, 111. Arson, 41, 198, 289, 407. Aspo Islands, characteristics of inhabitants, 113, 119. "Assassinat," defined, 200, note 1. in French Code includes all crimes involving infliction of physical torture, 374. Assault, statistics of, in United Kingdom, 437, 440. See also STRIKINGS AND WOUNDINOS. SUBJECT INDEX 451 Assizes, Courts of, in France and Italy, 193, note 3. See also JURY. Association. See AGGREGATION. Assur-nazir-pal, 27. Asylum for criminal insane, its selective and intimidatory effects, 285. confinement in, recommended for certain offenders, 386, 388, 399, 410. Asymmetry of the cranium or face among criminals, 67. Atavism, as a source of psychic anomaly, 9, 105-109. theory of prehuman, 110, 111. phenomena of, to be reckoned with in children, 259. mentioned, 71, 261. Attempt to commit crime. See CRIMINAL ATTEMPT. "Attentat a la pudeur," 121, 339. Atypic deformations of the cranium, 69. Atypic traits, 109. Australia, aborigines of, 29. Austria, recidivism in, 95. violent crimes in Slavic provinces of the South, 119, 440, 441. effect of mitigation of punishment, 202. statistical data as to crime, 202, 437 et seq. B Baden, former code of, in re attempt by insufficient means, 312, note 1. Bail, in Spencer's theory of restitution and liberation, 228, 229. in French and Italian law, 345, note 2. indigent exempted from, by Italian law, 348. Baldness, its infrequent occurrence in criminals, 67, note 1. Bankruptcy, criminal, 41, 149, 151, 202, 204, 227. in French and Italian law, 41, note 1. non-criminal, results in loss or suspension of various political and civil rights in France and Italy, 183, note 1. Bankrupts, criminal, 407. "Banqueroute," 41 and note 1. Bastille, 123. Battas of Sumatra, 6. Bavaria, observations in, as to relation between crime and price of breadstuff s, 160, 161. Beard, absence of, among criminals, 67, 69. Belgium, recidivism in, 95. violent crimes in Flemish provinces, 119, 120. refusal of Government to execute death sentences, 370, 379. savings by penitentiary inmates, 432, note 1. statistics of homicide, 438. Beneficence, confined to a small number of persons, 20. its negation not crime, 22. Benevolence, an elementary altruistic sentiment, 19-23. its evolution, 19. its degrees, 20-23. negative pity the degree universally prevalent, 22-25, 29. Bertillon system of identification, 212, note 2. Bibliography of author's system, xxx, note 1. of criminal insanity, 131, note 1. Birth certificates, mentioned, 41, note 3. forged, easily procurable by criminals, 205. Bizygomatic diameter, 71, note 3. 452 SUBJECT INDEX Blame or praise accorded to actions without reference to causality of determining Ego, 304, 305. Blasphemy, 16. "Blessures," 163, 202. See also "Coups ET BLESSURES." Blondin, Adele, murder of, 82. Bloodshed, instinct for, may exist irrespective of age, 291, 292. See also MURDERERS; VIOLENT CRIMINALS. "Bons de travail," 148. Born criminal, in Ferri's classification, 132, 133. may sometimes be recognized in the child, 291. Brachyprosopy, 71, note 3. Brawls, tavern, 117, 375. Breach of trust, criminal, 41, 202, 205, 226. See also FRAUD. Breadstuffs, cornering of, etc., once a crime, 5. fluctuations of prices in relation to crime, 160-163. Breconshire, violent crimes in, 120. Brigandage, formerly in vogue among peoples now civilized, 5. of Scottish Highlanders, 120, 127. in Calabria, Greece, Servia, and Albania, 127. among Normans of Middle Ages, 127. outbreak in South of Italy, in 1861, put down only by application of death penalty, 379. Brunswick, former code of, in re attempt by insufficient means, 312, note 1. Bushmen, 107. C Calabria, brigandage in, 127. "Calomnie," 24, 40, 121, 386, 408. explained, 24, note 1. "Calomnieuse denonciation," 24, note 1. "Calunnia," 24, note 1. Camorra, vendettas of, an example of endemic criminality, 112. responsible for many cases of extortion, 151. its influence upon Neapolitan juries, 359. Cannibalism among savages, 6, 29. of Richard Coeur de Lion, 26. Canstadt skull, 107. Capacity for crime, indicated by every natural crime, 239. See also ADAPTATION; MORAL ANOMALY. Capital punishment, in Roman law death or exile, 220 and note 1. See also DEATH PENALTY. "Carabinieri," 359, note 3. "Carcan," 246, note 1. Caries, 92. "Casiers judiciaires," explained, 291, note 2. mentioned, 291, 334, 369. Cassation, Court of, in France and Italy, 193, note 3. Castruccio, Ruiz, case of, 82. Casual offender non-existent, 95, 96, 121, 122, note 1. Cellular prisons in France and Italy, 208, note 1. Ceylon, custom of offering host's wife to guest, 16. "Chambre d'accusation," 193, note 3. Character, race and climate in relation to, 118, 120. its modification by education basis of correctionalist theory, 255. fixity of its type, 261. as basis of responsibility, 281, note 1. See also NATURAL CRIME. SUBJECT INDEX 453 Chastity, not an elementary altruistic instinct, 16, 17. violations of, without coercion or seduction, not natural crimes 34, 35. offenses against, as influenced by temperature, 118. Children, efficacy of religious and moral instruction limited to case of 141, 256, 257. only intelligent study of reformative treatment in case of adoles- cents and, 256. Marro and Lombroso on criminality of, 291, 293. birth of, as tending to transform character of mother, 385, 411. See also AGE; YOUTHFUL OFFENDERS. Chile, commutation of death sentences in, 380, 381. Chinese, cruelties of European armies to, 27. lack of vulnerability frequent among, 115. Chretien, 92. Christianity, adoption of its ethics influenced by conquests of Rome, 11. Chukchi, 6. Cincinnati riot of 1884, 53, note 1. "Circonstances personnelles et mate"rielles," 321, note 2. Civic degradation in French penal law, 59, note 1. Civil party, in French and Italian criminal proceedings, 340, note 1. proposed modification of procedure concerning, 420. Civil status, suppression of, 41, note 3, 408. Civilization, and racial character, 119, 120. in relation to crime, 135-137. what constitutes true, 135, 167. Poletti's theory of proportion between crime and. See PBOSPERTIT. Civilized man, anatomically inferior to savage, 253, note 1. Classes of criminals. See CLASSIFICATION. Classical school, its notion of the criminal, 271, note 2. its view of justice as a regulator of punishment, 272. mentioned, 271, 290, 308. See also JURIDICAL SCHOOL. Classification, of natural crimes, 40, 41. of offenses in French and Italian systems, 59, note 1. of offenders in author's system, 111-132, 134, 222, 223, 406. (1) Murderers, 111, 112. (2) Violent criminals, 112-125. (3) Criminals deficient in probity, 125-130. (4) Lascivious criminals, 130, 131. of offenders according to Ferri, 132-134. Clemency, executive, 368-371. Climate, its influence on crime, 117, 118. Coaction. See PSYCHOLOGIC COACTION. Code. See LEGAL DISOBEDIENCES; PENAL CODE; POLICE OFFENSES. Code Napoleon, 325, note 2, 330. Coerciveness, its utilitarian origin, 241. Collective crime, question of, 123-125. Collectivism, and sentiment of probity, 31, note 2. according to socialists, an end of crime, 143, 144, note 1. Commercial classes, their contribution to crime, 158. Commercial crises. See_ ECONOMIC DISTURBANCES. Communism, idea that it would mean cessation of crime, 143, note 1. Compensation Fund, for benefit of injured persons and State, 390, 413, 434. how to be constituted, 390, 434. allocation of its contents, 435. existed in Two Sicilies and Duchy of Tuscany, 434. 454 SUBJECT INDEX Compensation Fund (continued), Du Mouceau's suggestions, 435, note 1. See also REPARATION. Complaint. See CRIMINAL ACTION. "Complicite," 321 and note 1. Compulsory labor in proposed system of punishment, 390, 410, 412, 413. See also REPARATION. "Conatus remotus," 314, 318. Concentration of crime, tendency to, 177, 211, 212. "Concours de plusieurs delits," 323. Conditional liberation, 431^433. Conditional sentence, as advocated by Prins, 430. Conduct, superficial rules of, in contemporary society, 13. examples of, essential in moral training, 140. of prisoners in Italian penitentiaries, 210. motives of arising from repression, 240 et seq. the moral motive, 240-244. the motive of fear, 244 et seq. Conscience, and heredity, 258. Conspiracy. See POLITICAL, CRIMES. Contraction of facial muscles, in criminals, 67, 70. "Contravention" in French penal law, 59, note 1, 193, note 3. " Contra wenzione" in Italian penal law, 59, note 1, 193, note 3. Convicts, Siberian, described by Dostoieffsky, 78, 83 et seq. Convictions, "criminal" and correctional explained, 59, note 1, 95, note 1. Cornu, Pere, a criminal mentioned by Moreau, 81. Correctional punishments, in French law, 59, note 1. Correctional Tribunals, 193, note 3. Correctionalist school, its theory of punishment, 255-269. Correctionalization of felonies ("crimes"), 330, 335. Corsica, the vendetta in, 49. persistence of racial character in, 119. salutary effect of severe punishment exemplified in, 192, 193. Counsel, not to participate in judicial investigation, 344, 414. oratory of, effect upon jury, 358. Counterfeiters of money, proposed punishment of, 400. Counterfeiting, 33, 41, 151, 407. "Coups," 289, 389. "Coups et Measures," 119, 121, 122, 188, 198, 227, 339, 346, 367, 437, 440. Court. See JUDGE; JURY. Courts. See CRIMINAL COURTS. Cranium, asymmetry of, in criminals, 67. atypic deformations of, 69. "Creance privilege," 390. CRIME, 1-62. Crime, at the present day, xxvi. sociologic notion of. See NATURAL CRIME. according to Vaccaro, 47. Dragu's theory of, 50. legal notion of, 54-60. in general, not due to present economic order, 164. statistical data relating to. See under the names of the several countries, and also APPENDIX B, 436-442. as a trade, 203, 204, 423. proportionality of punishment to. See PENAL PROPORTION. See also CLASSIFICATION; CRIMINALITY; COLLECTIVE CRIME; EN- DEMIC CRIME; POLITICAL CRIMES; PUNISHMENT. SUBJECT INDEX 455 "Crime" in French penal law, 59, note 1, 95, note 1. CRIMINAL, THE, 63-213. Criminal action, distinction between public and private, 338-340. when State should initiate, 339, 414. Criminal Anomaly, 65-134. See also PHYSICAL ANOMALY; MORAL ANOMALY. Criminal attempt, 308-321, 408, 409. objective doctrines of, 308-310. subjective theory of, 310-312. insufficiency of means, 309-313, 320. true theory of, 310-313. punishment of, 314-321, 408, 409. stages in, 314. Criminal Courts of France and Italy, 193, note 3. Criminal defamation in French and Italian law, 24, note 1. ("diffamation") 24, 40, 227, 289. Criminal impulse, Romagnosi and Feuerbach's theory of proportion- ing punishment to degree of, 297, 298. resistance to (i. e., moral sense) the thing to be measured, 298. Criminal Law, The Existing Theories of, 270-337. Criminal mobs, 122-125. Criminal participation, 321-323, 409. classes of participants in French and Italian law, 321, note 1. attribution of personal and material circumstances to co-partici- pant, 321 and note 2. Criminal period (Ppletti), 170. Criminal propensities, hereditary transmission of, 92-95. "Criminal" punishments in French law, 59, note 1. Criminal resolution in attempt, 319, 408, 409. Criminal sentiments, 82 et sea. See also MORAL ANOMALY. Criminal specialties, school education may be determinative of, 139. influenced by economic fluctuations, 164. Criminality not a disease, 98 et seq. See also CRIME. Criminals, need of their direct study, 61, 62. as viewed by classical school, 271, note 2. classes of. See CLASSIFICATION; MURDERERS; VIOLENT CRIMINALS; PROBITY, CRIMINALS DEFICIENT IN; LASCIVIOUS CRIMINALS. See also CRIME; CRIMINAL ANOMALY; PHYSICAL ANOMALY; MORAL ANOMALY. "Crimine," in Italian penal law, 59, note 1, 193, note 3. Cro-Magnon skulls, 107. Crops. See HARVESTS. Cruelty, of savages and primitive peoples, 26-29. to animals and the sentiment of pity, 44. See also ANIMALS. See also PITY. Culture, in relation to morality, 139. Customs. See SMUGGLING. "Cyniques." See LASCIVIOUS CRIMINALS. Cyprus, religious prostitution in, 12. D Dackle, Mme., murder of, 81. Dahomey, funeral sacrifices in, 28. Dalmatia, violent crimes in, 119. Damage. See REPARATION. 456 SUBJECT INDEX Damages, enforcement of judgment for, in criminal cases, 340-343. present system, its inadequacy, 340, 341. measures advocated, 342, 343. See also COMPENSATION FUND; COMPULSORY LABOR; REPARATION. Damiens, his execution, 233. Danton, 124. Death penalty, and taking life in war, compared, 51. justified by recognition of criminal anomaly, 104, 105. as means of elimination, 220, 410. inflicted on vagabonds in Tudor England, 247, 325, note 2. its intimidatory effect, 249, 377-382. question of its "justice," 271, 272. not to be inflicted on insane, 282, 283. when unnecessary, 307. demanded in case of Murderers, 376-379, 410. consequences of failure to apply in various countries, 379-382. Debtor, involuntary servitude of, in Roman law, 428. Decency, offenses against, 198. See also PUBLIC DECORUM. Decorum. See PUBLIC DECORUM. Defamation. See CRIMINAL DEFAMATION. Degeneracy, physical, characteristics of, among criminals, 69, 77. moral, as a source of criminal anomaly, 109, 110. not necessarily accompanied by physical, 110, note 1. "Dfgat," 227. Delicacy of moral sense, 14, 30, 155. "Delit," in French penal law, 59, note 1, 95, note 1, 193, note 3. "Delit manque"," 314, 317, 320. "Delitto," in Italian penal law, 59, note 1, 193, note 3. Denmark, statistics of homicide in, 438. Desertion, military, a true crime in a state of warfare, 39. Determinism, 277. "Devastation," 41, 227. "Diffamation," 24, note 1, 40, 227. "Diffamazione, " 24, note 1. Disease, moral anomaly as distinguished from, 96-104. Disobediences. See LEGAL DISOBEDIENCES. Domestic theft. See "VoL DOMESTIQUE." Draco, laws of, 223. Draconism, probable if intimidation used as a criterion of punishment, 246. Drunkards, sons of, among criminals examined by Marro, 93. Drunkenness, in relation to crime, 287-289. distinguished from alcoholism, 287. a determinant of criminal propensities, 288. punishment of crimes committed in a state of, 288, 289, 408, 414. Dubos, case of the woman, 81. Duel, variously regarded, 5. Du Launay, Marquis, his execution, 123. Duty, sentiment of, its existence not established by reasoning, 262. Dwellings, invasion of. See "VIOLATION DE DOMICILE." E Ears, peculiarities in their shape, found among criminals, 67, 70. Economic conditions in relation to crime, 142-165, 165-177. Economic disturbances, abnormal, their effect upon crime, 164, 165. Economic inequality, not a cause of crime in general, 164. Economic stress equal in all social classes, 148, 149. SUBJECT INDEX 457 Education, effect of higher, upon moral development, 139. defects of, as cause of crime (Romagnosi), 180. its limitations as a reformative influence, 256 et seq. what the word properly signifies, 257. difficulty of distinguishing its effect from that of heredity, 258 el seq. cannot create faculties, 262 et seq. See also ILLITERACY. Ego, the, in relation to free will, 65, 274. constituted by character and temperament, 105. in relation to praiseworthiness or blameworthiness of determined acts, 304, 305. mentioned, 48. Ego-altruism, honor classed by Spencer as a species of, 18. Egypt, Arabs of, mentioned, 118. Elimination, natural law of, 217-219. as a reaction against crime, 219, 220, 410. means of, 220-226, 410. absolute or complete, 220-225, 255, 410. relative or partial, 225, 255, 410. in relation to various conceptions of punishment, 230-239. intimidatory effect, 249, 250. selective effect, 251-255. Elmira Reformatory, described, 266, 267. Embezzlement, 41, 149. Embryogenic evolution, 257. Endemic crimes, authors of, as a sub-class of Violent criminals, 112115. punishment applicable, 192-197, 244, 384, 385. England, economic inequalities, referred to, 145, note 1. decrease of crime, 171, 202. statistical data as to crime, 202, 437 et seq. Environment, physical, its effect upon crime, 117, 118, 120. social, in relation to crime, xxxii, 96, 266. possibility of modifying, 178 et seq. change of, essential in treatment of certain offenders, 225, 394. Epilepsy, Lombroso's theory of its existence in the born criminal, 105, 106. mentioned, 96, 102, 131, 280, 283. Erotomania, 281. Error, what, ground for reversal in proposed procedure, 416. "Escroquerie," 198. Espionage, a true crime, in a state of warfare, 39. Eurygnathism, among criminals, 68. Evil eye, 113. Evolution of the moral sense. See MORAL SENSE. Excess in punishing. See PUNISHMENT. Exclusion from membership, a reaction against violation of basic rules of particular aggregations, 218, 219. from society, a reaction against crime, 219 et seq., 410. Excuse, circumstances of, attribution to co-participants, 321, note 2. Exile, as a punishment of the French law, 212, note 1. in Roman law, 220, 347. as a form of elimination, 220, 221. local, 225, 250. mentioned, 331. See also INTERNMENT; MAROONING. Experimental method, its introduction into criminal science to be aimed at, xxiii, xxiv. 458 SUBJECT INDEX Expiation, its inadequacy as a principle of punishment, 230-^232. Expulsion from particular environment as a means of elimination, 225, 250. Extenuating circumstances, admission contrary to true principles of punishment, 329, 330. ill consequences of present rule, 200, 334-337= classing semi-insanity among, illogical, 286, 287. attribution to co-participant, 321, note 2. present rule to be abolished, 406. Extortion, 41, 150, 151. Extradition, international, 405. Extreme criminals. See MURDERERS. Eyebrows, thickness of, in thieves, 71. Eyes, peculiarities of, found among criminals, 67, 70, 71. Face, peculiarities in form of, found among criminals, 67, 71. contractions of, noticeable in criminals, 67, 70. Faculties, intellectual, not creative of instinctive cognitions, 262. moral, not created by education, 262. "Faillite," 41, note 1, 183, note 1. "Fallimento," 183, note 1. False accusation ("calomnie"), 24, 40, 121, 386, 408. False pretenses, 41, 198, 339, 407. Falsifiers (i. e., authors of various "crimina falsi"), 407, 408. Family, sentiments of, 35-37. Famine. See ECONOMIC DISTURBANCES. Fatalism, not to be ascribed to the positivists, xxxi. "Faussaire," 407, note 1. "Faux," 41. Features of criminals, 74 et seq. Fear, as a motive of conduct induced by repression, 244 et seq. Female offenders, differential penal treatment proper for, 408. Fijians, parricide among, 6. mentioned, 101. Fines, amount of, collected annually in France and Scotland, 434, note 1. Fission, conscience a phenomenon of reproduction by, 258. Floods. See ECONOMIC DISTURBANCES. Fluctuations, economic, their effect on crime, 160-164. Force, irresistible, principle of, 276-279. Forehead, peculiarities of shape occurring among criminals, 67-69, 71, 76. Forgers, punishment of. See PROBITY, CRIMINALS DEFICIENT IN. Forgery, 41, 149, 151, 202, 339, 408. France, juridical theories not dominant, xxviii, xxix. recidivism, 95, 210, 211, 268. measures against, 212, 328. vitriol-throwing, 114, 196. percentage of crime in relation to literacy, 138. contribution of various social classes to crime, 158. movement of crime, 159, 160, 168, 175, 198, 437 et seq. data as to increase of material prosperity, 159, 161, 162, 168, 169. Poletti's comparison of advance of material prosperity with that of crime, 168, 169. effect of mitigation of punishment, 198, 210, 211. criminal courts, 193, note 3. cellular prisons, 208, note 1. SUBJECT INDEX 459 France (continued), system of investigation adopted by Louis XII, 356. jury system, 360, 361. employment of penitentiary prisoners, 394, note 1. agricultural colonies for youthful offenders, 395. annual collection of fines, 434, note 1. penal code in re criminal attempt, 314. punishment of unpremeditated homicide, 331. "assassinat," 374. statistics of crime, as compared with other European countries, 437 et seq. Fraud, widening conception of, 31, 32. crimes of, mentioned, 164, 202, 227. presumption of, should exist in respect of transfers made by defend- ant after commitment, 427. Fraudulent conveyance ("insolvabilite' volontaire"), a crime, 41. by defendant to be annulled, 427. See also REPARATION. Free love. See CHASTITY. Free trade, in Ferri's proposals, 182, 186. Free will and external motives, 97. its absence not a reason for lessening punishment, 273. what is meant by, 274. impossibility of distinguishing between its effect and that of its limitations, 275. French school of criminal law, modern, 56. Frisians, 113. Froebelian method of education (Marro and Lombroso), 293. Frontal diameter, 70, 71, note 3. Frontal region in criminals, 67. Frontal sinus, its prominence among criminals, 68. Frustrated crime, as a species of criminal attempt, 314, 317, 320. Fuegian language, 101, note 1. Funeral sacrifices, accounted for, 28. "Furto aggravate," 151, note 1. "Furto qualificato," 151, note 1. "Furto semplice," 151, note 1. Fustigation, Teutonic punishment of adultery, 37. G "Galere," infamy attaching to term, 242. Galleys, as a means of punishment in France and the Italian States, 242, note 1. Gambling, 42. "Garde des sceaux," 138, note 2. Gauls, 119. Generosity, sentiment of, 20, 22. German Empire. See GERMANY. Germans, ancient, 119. Germany, contribution of various social classes to crime, 158. effect of mitigation of punishment, 201. recidivism, 268. transportation of recidivists suggested, 328. statistical data as to crime, 201, 437 et seq. penal code in re recidivism, 326. mentioned, 322, note 2. Glamorganshire, violent crimes in, 120. Government, offenses attacking. See POLITICAL CRIMES. 460 SUBJECT INDEX Grande Roquette, 83. Grandi, case of, 102, 103. Gravity of the crime. See PENAL PROPORTION. Great Britain, transportation in, 248, 254. death penalty in, 254. See also ENGLAND; SCOTLAND; IRELAND. Greece, brigandage in, 127. Greenland, 16. Gr6vy, President, his clemency, 53, note 1, 380. H Habitual criminals, in Fern's classification, 132. Habitual offenders in general, their punishment, 225. to be denied provisional liberation, 347. See also PROFESSIONAL CRIMINALS; RECIDIVISM; RECIDIVISTS. Habitual thieves, etc. See PROBITY, CRIMINALS DEFICIENT IN; R- ciDiyisTB. Hair, peculiarities of, found among criminals, 67, 70. Hamlet, 105, 384. Hanover, former code of, in re attempt by insufficient means, 312, note 1. Harm as an element of the gravity of crime. See PENAL PROPORTION. Harvests, abundance or scarcity of, in relation to crime, 160, 161, 163. Hereditary transmission of criminal propensities, 92-95, 251, 252. Heredity, and crime, 92-95. and moral degeneracy, 110. difficulty of distinguishing its influence from that of education, 256 et seq. and conscience, 258. its influence as counteracting that of education, 259, 260. Heresy, 5, 16. Heretics, cruelties toward, 26. Highlanders of Scotland, brigandage of, 120. Hindus, 231, 232. Holland, excise law of 1884, 187, 188. statistics of homicide, 438. Homicide from sheer brutality. See MURDER. by negligence, 122, 389. for revenge, etc. See ENDEMIC CRIMES; Homicidal Offenders under VIOLENT CRIMINALS. influence of liquor upon, 135. "assassinat" and "meurtre" distinguished, 200, note 1. statistics of, in various European countries, xxvi, note 1, 437-439. See also MURDERERS; VIOLENT CRIMINALS. Homicidal criminals, punishment of. See under VIOLENT CRIMINALS. Homicidal mania, 131, 281. Honor, sentiment of, considered, 18, 19. mentioned, 43, 61, 114, 240. Hottentots, 107. Hugues, Mme. Clovis, case of, 351. Hungary, statistics of homicide in, 438. Hygienic regimen in case of criminal children (Marro and Lombroso), 293 Hypnotism, and crime, 125, 289, 290. Hypnotized persons, penal treatment of, 408, 414. "Hypotheque," 389. Hysteria, 96, 102, 131, 281. SUBJECT INDEX 461 Idealist school, its notion of punishment, 271. See also EXPIATION. Ideation, faculty of, coeval with human existence, 100. no crime when destroyed, 281. Identification, Bertillon system of, 212, note 2. Idleness, for Romagnosi a true crime, 180. See also VAGABONDAGE. Idoneity. See ADAPTATION. Illiteracy in relation to crime, 137-140, 157, 158. Illness, voluntary causing of, 40. Imbecility. See INSANITY. Imitation, as an element of certain crimes, 114. See also ENDEMIC CRIMES. Immorality, nature's attitude toward, 238, note 1. Impressions, external, difference in effect in cases of insanity and moral anomaly, 102-104. Imprisonment, its futility in general, 206-209. inefficacy of temporary, for fixed term, 268, 330, 424. to be retained in exceptional cases, 400. for fixed term to be abolished, 406. indemnity for unjust, 354, 413. pending trial, 345 et seq. See also PROVISIONAL LIBERTY. when necessary, 346, 347, 414, 416. Improbity. See PROBITY. Impulse, irresistible. See IRRESISTIBLE FORCE. Impulsive criminals, punishment of, 191, 244. treatment of victims of chronic alcoholism, 289. Impulsive insanity, 280. Impulsive sensitivity, 67. Ineptitude in criminal attempt, 312 et seq. See also CRIMINAL ATTEMPT. Indecent assault, 121, 198, 289, 339. Indecent liberties with minors, 130, 408. Indecent offenses. See INDECENT ASSAULT; INDECENT LIBERTIES; LASCIVIOUS CRIMINALS; RAPE. Indefinite sentence. See INDETERMINATE SENTENCE. Indemnity for unjust imprisonment, 354, 413, 434. Indeterminate sentence, 269, 411, 412, 416. See also CONDITIONAL LIBERATION. India, complaint against jury system in, 361. Individualism, word has no meaning for criminal science, 302. Individuality as a criterion of punishment, 299 et seq. See also ADAPTA- TION. Industrial establishments, of Cabet, mentioned, 147. of Romagnosi, 180. in penal treatment of youthful thieves, 301. Infancy, and crime, 290-293. See also AGE; CHILDREN; YOUTHFUL OFFENDERS. Infanticide, authorized among certain peoples, 5, 28, 29. mentioned, 198, 201. Infants, sale of, 5, 26, 28. Infirm, maltreatment of, 40. "Ingiuria," 24, note 1. "Injure," 24 and note I, 122, 227, 250, 289, 389. Injustice as an ingredient of legal notion of crime, 55. Insane criminals, in author's classification, 131, 281 et seq. in Ferri's classification, 132, 133. intent to commit crime, 280. no crime when ideation destroyed, 281. 462 SUBJECT INDEX Insane criminals (continued), treatment of, 282 et seq., 386, 392, 408, 410. why included among objects of repression, 283. Insanity, and moral anomaly distinguished, 95-105. "moral insanity" an indefensible term, 97, 102. mentioned, 80, 104. implies disease, 98. and common opinion, 98, note 1. effect of external impressions in, 102-104. bibliography, 131, note 1. and moral responsibility, 273, 279-287. semi-insanity and the doctrine of extenuating circumstances, 286, 287. Insolvency, pretended, 31. Insolvents, measures against, in enforced reparation, 342, 343, 390, 398, 428, 429. Instinct, criminal. See MORAL ANOMALY. "Instruction des proces." See JUDICIAL INVESTIGATION. Insufficiency of means. See CRIMINAL ATTEMPT. Insults, in French and Italian criminal law, 24, note 1. mentioned, 24, 122, 227, 250, 289, 389, 407. Intellectual development, and neuropathic conditions, 253, note 1. Intellectual faculties not creative of instinctive cognitions, 262. Intent, in criminal attempt, 309 et seq. International penal code, proposed, outlined, 405-416. mentioned, xxxv, 131. Internment in an oversea colony, in French criminal law, 59, note 1, 212, 328. as a means of elimination, 225, 301, 410. to what offenders applicable, 225, 301, 385, 387, 397, 398, 411, 412. mentioned, 331, 405. Intimidation, as a reflex effect of punishment, 239-251. not a criterion of punishment, 245 et seq. present in both absolute and relative elimination, 249, 250. of insane asylum, 285. Investigation, system of. See PROSECUTION AND TRIAL. Ireland, statistics of crime in, 437 et seq. Irish and Scottish children, case suggested by Darwin, 258, 259. Irresistible force, principle of, in existing law, 276-279, 336. Italy, percentage of crime in relation to literacy, 138. contribution of various social classes to crime, 150-154, 156, 157. proportions of proprietors and proletarians in population, 152, 157, 160, note 1. movement of crime, 169, 200, 201, 381. data as to increase in material prosperity, 169. Poletti's comparison of advance of material prosperity with that of crime, 169, 170. criminal courts, 193, note 3. experience in the mitigation of punishment, 200 et seq. bad effect of cessation of death penalty, 201, 381. pecuniary damage inflicted by professional criminals, 204. cellular prisons, 208, note 1. recidivism, 210, 268. penitentiaries, conduct of inmates, 210. recidivists in, 210. escapes from, 377, note 1. data as to length of sentences of inmates, 377, note 3. employment of inmates, 394, note 1. savings of inmates, 432. SUBJECT INDEX 463 Italy (continued), penal code (of 1889) in re semi-responsibility, 275. punishment of minors, 293, note 1. recidivism, 326. mentioned, 200, note 2, 322, note 2. statistics of crime, as compared with other European countries, 437 et seq. Japan, bathing customs of women, 12. Jack the Ripper, 79. Jaws, conformation, in criminals, 70, 71. Jephthah, 28. Judge, less open to corruption than jurors, 359, 360. criminal, his proper qualifications, 364, 365, 416. Judicial investigation ("instruction des proces"), 344, 345. contention for publicity considered, 344. secrecy of, generally essential, 344, 345, 414. duty of judge of "instruction," 344, note 1. mentioned. 193, 341. " Juge de paix," 193, note 3. "Jukes," the, 92. Juridical school, its theories of crime, xxiv, 54-58. its philosophy of crime and punishment, 271. temporary imprisonment its type of punishment, 330. mentioned, xxix, 198, and Chapters n, in, Part III (270-337) passim. Juristic school. See JURIDICAL SCHOOL. Jurors, professional in Italy, 157, note 1, 360. and the defense of irresistible impulse, 228, 279. Jury, 355-364. distrusted by Government, 193, 361. should be abolished, 317, 356 et seq., 383, 415. form of questions propounded to, in France, 333, note 1. trial by, a gamble, 356. why institution is workable in England, 357. differences between English and Continental, 357. experiment with, in Spain, 359. its ineffectiveness in France, 360, 361. complaint of, in India, 361. arguments in its favor considered, 362-364. retention in Italy explained by composition of Chamber of Depu- ties, 383, note 1. Justice, an elementary altruistic sentiment, 19. sentiment of, considered, 30, 31. mentioned, 240. elementary probity the degree generally prevalent, 31. defects of, as causes of crime (Romagnosi), 180. theory of absolute, in punishing, 271, 272, 297. inevitable inequalities of, 306. K Kamchadales, 6. Keeper of the Seals (in France), 138. Kidnapping, 40, 386. Kleptomania, 126, 131, 281, 391. Knitting, an occupation of Italian convicts, 207. " Korperverletzungen, gefahrliche," 441. 464 SUBJECT INDEX L "LaTerre," Zola's, 155. Labor certificates, 148. Labor in relation to criminal's reformation, 262, 264. compulsory. See COMPULSORY LABOR; REPARATION. Larceny. See THEFT. Lascivious criminals (in author's classification), 130, 131, 134, 406. punishment of, 399, 411. what offenses to be attributed to, 408. "L'Assommoir," Zola's, 155. Law, and public opinion, 242, 243, 331. Laws, Influence of the, 178-213. Laws, penal, 190-213. See also PUNISHMENT. Legal disobediences, as distinguished from natural crime, 39, 40, 45, 132, 217, 400, 401. code of, proposed, 59, 406. Legal Notion of Crime, The, 54-60. its objective character, 54, 55. lack of adequate definition, 55 et seq. Legislation affecting the causes of crime, 178-190. views of Que'telet and Lacassagne, 178, 179. Romagnosi on, 180, 181. Ferri on, 181 et seq. its true limits, 184, 189, 190. direct penal, 190-213. See also PUNISHMENT. Lemaire, 92. "Les Mis6rables," 145. Lex Cornelia in re attempt, 318. "Libert6 provisoire," 345, note 2. Lien (judicial mortgage), to be awarded on defendant's real property in cases of enforced reparation, 389, 426. Life-imprisonment, as a means of elimination, 221. its intimidatory effect, 249. and absolute justice, 272. mentioned, 331. Literacy in relation to crime. See ILLITERACY. Literary property, misappropriation of, 41. Local exile, 225. 250. "Local offense" (Filangieri), 249. Local offenses menacing public peace, 39, 40. in general, 42. Lunatic, the, and common opinion, 98, note 1. See also INSANE CRIMI- NALS; INSANITY. Lycurgus, 29. Lydia, religious prostitution of, 12. Lynching, 49. "L'union internationale de droit penal, xxix. Lypemania, 281, 286. M Mafia, responsible for certain offenses, 151. jurors obedient to, in Sicily, 359. "Magic Skin, The," of Balzac, 38. Malays, 71, 108. Malicious mischief, 41, 227. Malthusianism in Ferri's proposals, 183, 189. "Mandat d'arret," 341 and note 1, 347. SUBJECT INDEX 465 "Mandat d'amener," 341, note 1, 427. de comparution," 341, note 1. de d6p6t, 341, note 1. " Mandat inexe'cute', " 322, note 2, 409. Mandibles, undue size of, in certain criminals. 71. Mania, 280, 281. homicidal, 131, 281. See also INSANE CRIMINALS; INSANITY. Manu, laws of, 59. Maoris, 29, 101, 363. Marooning, as a means of elimination, 387, 410. to whom applicable, 387, 388, 392, 410, 411. where effected, 387, 392, 393, 411. Marriage, its public consummation among certain savages, 12. incestuous, of Egyptian rulers, 12, 13. abstention from, a condition of State-assistance (Romagnosi), 181. as tending to modify character, 385, 411. Massagetae, 6. Material circumstances ("cir Constances mate'rielles"), 321, 322, 409. Materialism, positivists not open to charge of, xxxii. Mattia, (De) case of, 206, note 1. Mayhem, 40, 229, 386, 407. Melancholia, 102, 281. See also LYPEMANIA. "Menaces a main arme'e," 335. Mendicancy, 146, 165. "Merit" of human actions, what is signified by, 303. "Meurtre," defined, 200, note 1. Mexico, portion of prisoner's earning paid over to injured person, 432, note 1. Microcephaly in criminals, 69. "Ministere public," 355, note 1. Misdea, case of, 381, 382. Mitigation of punishment. See PUNISHMENT. Mobility of countenance, a mark of the thief, 71. Mobs, criminal. See CRIMINAL MOBS. Modesty, sentiment of, 12, 34, 35. See also CHASTITY. Molecular formation, 79. Monomania, in relation to principle of moral responsibility, 286. differential treatment proper for victims of, 408. Montenegro, the vendetta in, 49. Montgomeryshire, violent crimes in, 120. Moors, cruelties toward, 26, 27. Moral anomaly of criminals, wrongly denied by some physiologists, xxxi. may have a physical basis, xxxi, 79, 104. consists in default of that part of the moral sense which evolution has rendered almost universal, 45. two types of: cruelty and improbity, 33 et seq., 40 et seq., 62. loses for man sympathy of his neighbors, 52. data as to, 79-92. extreme cases, 79-81. intermediate cases, 81, 82. description of criminal sentiments, 82-92. its hereditary transmission, 92-95. and pathologic anomaly distinguished, 95-105. hypotheses as to its source, 105-111. of certain thieves as defined by Benedikt, 128. See also MORAL SENSE; NATURAL CRIME. 466 SUBJECT INDEX Moral character. See CHARACTER. Moral degeneracy. See DEGENERACY. Moral education, should be aim of religious teachings, 141. operative only upon childhood and early youth, 141, 256 et seq. its lack not confined to any social class, 153. Moral expiation. See EXPIATION. Moral insanity. See INSANITY. Moral insensibility. See MORAL ANOMALY. Moral instincts, impossibility of artificially creating, 263-266. See also CHARACTER. Moral motive, the, arising from repression, 240-244. Moral neurasthenia, 128, 129. Moral responsibility, 273-293. a postulate of the classical school, 272, 273. its fallacies, xxv, 273-276, 293. Poletti's attempt to reconcile principle with that of adaptation, 301, 302. effect in neutralizing present-day punishments, 331, 336, 337. principle to be discarded, 307, 408. Moral sense, its origin and evolution, 6-9, 11, 25, 155, 156. analysis in general, 10-15. analysis of its constituent instincts, 15-33. education cannot create, at least in adults, 261 et seq. absence or default of. See MORAL ANOMALY. See also BENEVOLENCE; JUSTICE; PITY; PROBITY; NATURAL CRIME. "Morbus," 99. Morphologic anomalies, 110. Moscow, Tolstoi's references to poor in, 145, 146, 149. Moses, laws of, 59. Motive as index of anomaly in certain Murderers, 373, 374. Murder, from motives of brutality, 6, 29, 79, 80, 373, 374. See also MURDERERS. for revenge, etc. See ENDEMIC CRIMES. increase of, consequent upon mitigation of punishment, 198, 201, 380, 381. See also HOMICIDE. Murderer, physical characteristics (Lombroso), 70. a physiognomic type, 72. Murderers (in author's classification), 111, 112, 131, 134, 406, 407. punishment of, 222, 224, 236, 237, 244, 307, 372-382, 410. "Mutilations," 40, 229, 407. N Namas, 107. Naples, superstition as to supposed power of prophecy of priests and nuns, 114. practice of inflicting razor-slashes, 114, 193-195, 351, 352. effect of removing restrictions upon retailing of liquors, 188. reckless use of revolver, 195, 196. woundings, and provisional liberty, 349. influence of Camorra upon jurors, 359. Natural Crime, The, 3-53, 58-60, 218. its rationale, 33-40. its delimitation, 40-45. criticisms of theory, 42-45, 45-53. mentioned, xxxv, 121, 134, 217, 339. Natural gifts in relation to praise or blame, 304. SUBJECT INDEX 467 Nature, her attitude toward immorality, 238, note 1. inequalities in, 306. Nassau, former code of, in re attempt by insufficient means, 312, note 1. "Navaja," 441. Necessaries, lack of, 148, 160, note 1. Necrosis, 92. Needs, relativity to desires, 146, 147. Negligence, homicide due to. See HOMICIDE. Negro, mentioned, 75, 101. Negro children, case of, as showing ineffectiveness of education, 266. "Ne peccetur" as a principle of punishment, 235-238. Neurasthenia, moral, 128, 129, 392. physical, 128. Neuropathic criminals, their punishment, 244. See also IMPULSIVE CRIMINALS. and natural selection, 253. Neuropathic conditions, as a consequence of intellectual development, 253, note 2. Neuropathic manifestations, 106. Neurosis, 98, 102, 116, 121, 131, 281. New Caledonia, aborigines of, 6. transportation to, 328, 392. Nihilists, 112. "Non-lieu, ordonnance de," 204, note 2. Norway, statistics of homicide in, 438. Nose, peculiarities of form among criminals, 70-72. "Nullite" de la procedure," 416. O Objective circumstances may be useful in determining perversity, 300. Observation, period of, proposed in various cases, 385, 387, 388, 399, 411. Occasion, in relation to criminal acts, 96, 114, note 2, 133. See also CASUAL OFFENDER. Occasional criminals, in Ferri's classification, 132, 133. Occipital region in criminals, 67. Old Believers, 87. Oratory of counsel, its effect upon jury, 358. a natural product of system of accusation, 359, note 1. Oxycephaly in criminals, 69, 71. P Pallor of thieves, 72. Papavoine, 79. Paralysis, progressive, 102, 281. Pardon, of life-convicts in Sweden, 209, 210. right to grant, should exist only as a power to review, 369, 371. effect of systematic, in Belgium, 379. abolition recommended, 406. See also CLEMENCY, EXECUTIVE. Parents, age of, as influencing criminality of children, 93. Parricide, from filial duty, 6, 28. mentioned, 201, 380. Paris, composition of Revolutionary mobs, 123, 124. "Parte civile," 340, note 1. "Partie civile," 340, note 1. Passion, crimes of, 115 et seq. 468 SUBJECT INDEX Passionate criminals in Fern's classification, 132, 133. Pastor, value of his teachings in Protestant countries, 142. Paternal authority, disobedience to, 36. Pathologic anomaly and moral anomaly distinguished, 95-105. Patriotism, sentiment of, considered, 15, 16. mentioned, 43, 61. Peasantry of France, their economic condition, 159. Peasants described by Zola, their characteristics, 155. "Peines afflictives et infamantes," 59, note 1. correctionnelles," 59, note 1. de police," 59, note 1. Peltzer, the brothers, agitation against their pardon, 53, note 1. Penal code, Italian (of 1889) in re semi-responsibility, 275. punishment of minors, 293, note 1. recidivism, 326. mentioned, 200, note 2, 322, note 2. former codes of Hanover, Brunswick, Nassau, and Baden in re attempt by insufficient means, 312, note 1. French, in re attempt, 314. punishment of unpremeditated homicide, 331. "assassinat," 374. German, in re recidivism, 326. mentioned, 322, note 2. (former) Sardinian, in re "mandat inexe'cute*," 322, note 2. punishment of unpremeditated homicide, 331. "assassinat," 374, note 1. proposed international, outlined, 405-416. mentioned, xxxv, 131. Penal colony. See INTERNMENT; "RELEGATION." Penal laws, influence upon criminality, 190-213. See also PUNISHMENT. Penal proportion, a postulate of the classical school, 273, 294. gravity of the crime, 294-296. gravity of the punishment, 296-299. penal scale, 296, 297. theory of proportioning punishment] to degree of criminal impulse (Romagnosi and Feuerbach), 297, 298. its neutralization of punishment, 336, 337. no room for the principle, 299 et seq., 408. Penal servitude in French criminal law, 59, note 1, 212, note 1, 328. Penal Tribunals, in Italy, 193, note 3. Penitentiaries of Italy. See ITALY. Penitentiary imprisonment in France, 59, note 1. Perjury, 41, 408. Person, crimes against, as influenced by temperature, 117, 118. question of influence of poverty, 153 et seq. Personal circumstances ("circonstances personnelles"), 321, 322, 409. Personal identity, as basis of responsibility (Tarde), 281, note 1. Peru, funeral sacrifices in, 28. Perversion, sexual, 35, 42, 121. See also SADISM. Petroff (in Dostoieffsky's "House of the Dead"), 86. Phalansteries of Fourier, 147. Philanthropy, 20, 22. Phrenology, Gall's theory, 66. Phrenosis, 116, 281. Phthisis, 92. Physical anomaly, 67, 68-79. evidentiary data, 68-72. physiognomic types, 72-79. SUBJECT INDEX 469 Physical degeneracy. See DEGENERACY. Physical insensibility of certain endemic criminals, 115. See also VULNERABILITY. Physical neurasthenia. See NEURASTHENIA. Physiognomic types of criminals, 72-79. Physiognomy of thieves, 71, 72. Physiologic substratum of moral anomaly, question of, mentioned. xxxi, 79, 104. Pillage of wrecks, 5, 26. Pillory, 37. Piracy, 5, 26, 51. Pity, sentiment of, 23-30. its universality, 22-25, 29. apparently contradictory facts explained, 26-29. offenses violating, 23, 24, 40. offenses not violating, 23, 41, 42. See also MURDERERS; VIOLENT CRIMINALS: NATURAL CRIME. "Plagiat,"41. Plagiocephaly in criminals, 69. Plurality of offenses, as distinguished from recidivism, 323-325, 409. Police, then* demoralization by practice of provisional liberation, 352. 353. Police offenses ("contraventions") in French penal law, 59, note 1. code of, proposed, 406. Police punishments in French law, 59, note 1. Political crimes, 37-39, 42, 185, 217, 400, 401. Political rights, deprivation of, recommended for certain offenders, 398, 413. Polyandry, 17. Poor of Moscow, Tolstoi's references to, 145, 146, 149. Population of France in 1826 and 1884, 198. of Italy by census of 1901, 152, 157, 160, note 1. Positive school of criminal science mentioned, xxxii, 47, 287. Poverty, its disappearance would not mean cessation of crime, 144 et seq. effect as to crimes against property, 148-153. as to crime in general, 153 et seq., 164, 165. Praise or blame accorded to actions without references to causality of determining Ego, 304, 305. Prehistoric man, 10, 105-108. Prehuman atavism. See ATAVISM. Premeditation, and drunkenness, 289. not a certain criterion of anomaly, 374-376. always denotes a cruel nature, 384. Preparation, acts of, in criminal attempt, 314, 318-320, 408, 409. Prescription of criminal actions, 366, 367. of punishments, 367, 368. what principle should govern in lieu of, 367, 368, 413. "Pretore, 1 ' 193, note 3. Prevention, general and special, 298. special, 308. See also PUNISHMENT; REPRESSION. Prevision, lack of, a criminal characteristic, 81, 100, 245. Prevost, case of, 82. Priapus, 12. Prisons, expense of, in European countries, xxix, note 1, 424. cellular in France and Italy, 208, note 1. See also ITALY. 470 SUBJECT INDEX Private action. See CRIMINAL ACTION. Probity, sentiment of, 31-33, 147. offenses violating, 40, 41. offenses not violating, 41^43. Criminals deficient in (in author's classification), 125-130, 134, 223, 406408 their punishment, 391-398, 400, 411-413. (a) instinctive and habitual offenders, 391-394, 411. (6) non-habitual offenders, 394-398, 412, 413. Procedure, Criminal, Defects of the Existing, 338-371. Procedure, system in proposed international penal code, 414-416. Professional criminals, 129, 203, 204, 423. then* punishment, 192. See also PUNISHMENT. See also RECIDIVISM; RECIDIVISTS. Professions, their contribution to crime, 156-158. Prognathism in criminals, 67, 68, 76, 100, 107. Progress. See CIVILIZATION; PROSPERITY. Prohibition of sale of intoxicants, 187. Proletariat, definition, 145. proportion of crimes ascribable to, in Italy, 150-152. proportion in population of Italy, 152, 160, note 1. Prolificacy of criminals, 253, 254. Property, crimes against, as influenced by temperature, 118. by economic fluctuations, 161-163. wilful injury to. See MALICIOUS MISCHIEF. Prophecy, superstition as to power of, among priests and nuns, 114. Proportionality between crime and punishment. See PENAL PROPORTION. Proprietors, proportion of crimes ascribable to, in Italy, 150-152, 156. proportion in population of Italy, 152, 160, note 1. Prosecution and trial, 344, 345, 355-365, 414-416. Jury should be abolished, 317, 356 et seq., 383, 415. initiation of the criminal action, 339, 340, 414. judicial investigation, its secrecy generally essential, 344, 345, 414. system of investigation superior to that of accusation, 355, 356. criminal judges should form a separate corps, 364, 365, 415. manner of trial, 415, 416. See also PROVISIONAL LIBERTY. Prosperity, growth of, in France, 161, 162, 168, 169. in Italy, 169. Poletti's theory of direct proportion between crime and, 165-177. stated, 166,167. considered, 167-176. summary of conclusions, 176, 177. Prostitution, in some semi-civilized countries, 5. religious, 12. enticement to, 24. Provisional liberty, 193, 34^354. requirements as to bail in France and Italy, 345, note 2. arguments against preliminary detention answered, 345, 346. cases to which it should be limited, 346, 347, 354, 415. evils of existing system in Latin countries, 347, 348-354. remedy for unjust detention. See INDEMNITY. Provocation in cases of homicide, 335, 336, 375. Prussia, observations in, as to relation between crime and price of bread- stuffs, 161. effect of failure to carry out death sentences, 380. Psychic anomaly. See MORAL ANOMALY. Psychic individuality, loss of, 281. SUBJECT INDEX 471 Psychologic character, 79, note 1. See also CHARACTER. Psychologic coaction, theory of, 245, 247. Public action. See CRIMINAL ACTION. Public Ministry, 355, 414, 415, 421, 426. Public decorum, offense to, 35, 42, 58. Public opinion, and average moral sentiment, 51. and the law, 242, 243, 331. Punishment, its object according to juridical school, xxiv. mitigation, evil effects of, in general, 136. exemplified in various countries, 197-203. productive of recidivism, 209-211. criteria of utility, 191-197. case of extreme criminals (Murderers), 191. impulsive criminals, 191, 192. professional malefactors, 192. endemic criminals, 192-197. reducible to two modes; elimination and reparation, 217-229, 410. See also ELIMINATION; REPARATION. excess in, 223, 224, 248. elimination and reparation in relation to various conceptions of, 230-239. its effect upon moral sense, 240-244. philosophy of, according to juridical school, 271. according to idealist school, 271. true nature and purpose, 298 et seq., 406, 408. to be measured by possibility of offenders' adaptation, 299 et seq. See also ADAPTATION. of Murderers, 222, 224, 236, 237, 244, 307, 372-382, 410. of other criminals, 224-229. of Violent criminals, 382-391, 410-413. of Criminals deficient in probity, 391-398, 410-413. of Lascivious criminals, 399, 411. cases where imprisonment should be retained, 399-401. See also PENAL PROPORTION; PRESCRIPTION; VIOLENT CRIMINALS; PROBITY, CRIMINALS DEFICIENT IN. Punishment, The Rational System of, 372-401. Punishments of existing system, 330-337. frequently evaded, 204-206. almost never applied, 331-336. neutralization by doctrines of moral responsibility and penal pro- portion, 331, 336, 337. rnal scale. See PENAL PROPORTION. of the eyes, inequality in size of, among criminals, 67. Pyromania, 131, 281. Q Quantitative criminality of France, increase from 1841 to 1878, 169. Quantitative criterion of crime, search for, useless, 299. "Quia peccatum," as a principle of punishment, 235 et seq. R Rape, 71, 163, 229, 290, 296, 339. Rapists, 71. Razor slashes, practice of inflicting, 114, 193-195, 351, 352. Reaction against crime, elimination as logical form of, 219 et seq. Reading and writing. See ILLITERACY. 472 SUBJECT INDEX Rebellion, acts of, 132, 401. See also POLITICAL CRIMES. Recidivation in a different species of crime, 95, 163, 326, 409. Recidivism, an effect of heredity, 94, 95. question of general and special, 95, 163, 326, 409. as an effect of mitigation of punishment, 209 et seq. of pardoned life-convicts in Sweden, 209, 210. increase in France, prior to 1885, 210, 211. measures against, in France, 212, 328. of vagabonds in Tudor England, 247, 325, note 2. statistics of, a refutation of correctionalist theory, 267, 268. to be distinguished from plurality of offenses, 323, 324. effect of lapse of time since former conviction, 327, 328. proposed measures against in Germany, 328. Recidivists, in Italian penitentiaries, 1900, 210. in Belgian penitentiaries, 1851-1860, 211. punishment of, in Middle Ages, 325, note 2. should be distinctive, 325-327. in various cases, 392, 397, 398, 409, 410. should not be granted provisional liberation, 347. "Re'clusion," 59, note 1. Record-sheets of criminals. See "CABIERS JUDICIAIRES." Reformation of criminals, Despine's proposals for, 262, 263. See also CORRECTIONALIST SCHOOL. Regressive moral characteristics, 109, 111. Regressive physical anomalies, 68, 69, 76, 77. Reiteration. See PLURALITY OP OFFENSES. "Relegation," 59, note 1, 212, note 1. Religion, sentiment of, 16, 43, 61. offenses against, 42. as a social influence upon criminality, 140-142. Remorse, true criminal incapable of, 82. expiation founded only on, 232. Remote attempt. See "CONATUS REMOTUS"; CRIMINAL ATTEMPT. Reparation, enforced, as a form of repression, 226-228, 239, 244, 389, 390, 410, 419-435. Spencer's theory of restitution and liberation, 228, 229. its intimidatory effect, 250, 251. means of, 227, 228, 251, 389, 390, 412, 413, 426 et seq. in what cases proper, 226, 389, 396, 397, 412, 413, 423, 425. author's practice while a member of Italian Ministry of Justice, 431, 432. See also COMPENSATION FUND; COMPULSORY LABOR; CONDITIONAL LIBERATION; DAMAGES, ENFORCEMENT OF JUDGMENT FOR. Repentance, in theory of expiation, 232. REPRESSION, 217-401. Repression, its present ineffectiveness, xxvii, xxviii. elimination and reparation, the two forms of, 217-229. motives of conduct arising from, 240 et seq. See also PUNISHMENT. Responsibility, moral character as basis of, 281, note 1. See also MORAL SENSE. moral. See MORAL RESPONSIBILITY. Restitution and liberation, Spencer's theory of, 228, 229. Retrogressive selection as an explanation of moral anomaly, 110. Review of judgment of conviction, by Chief Executive, 369, 371. by higher court, 416. "R6volteV 68, 89, 127, 131, 401. Revolutions, French, of 1793 and 1871, mobs in, 123, 124. SUBJECT INDEX 473 Revolver, reckless use of, in Naples, 195, 196. Richard Cceur de Lion, cannibal feast of, 26. Robbery, 41, 151, 164, 229. Rodriquez, Castro, case of, 82. Romagna, jurors actuated by hatred of Government in, 359. Roman law, in re distinction between "vitium" and "morbus " 99. capital punishment, 220 and note 1. criminal attempt, 310, 318, 319. presumption against slavery, 332-334. provisional release, 347. "addictio," 428. Rome, ancient, and the establishment of Christianity, 11. transfer of wives, 12. mentioned, 16. Rome, modern, prejudices of lower classes, 113. See also ROMAGNA. Rudeness of feeling, 14, 121, 155, 389. Russia, statistics of homicide in, xxvi, note 1, 438, 439. Rzhanoff tenement in Moscow, 145, 149. 8 Sacrifices, human, 28. Sacrilege, 5, 16. Sadism, 131, 133, 399. Sandwich Islands, 12. Saracens, 26, note 1, 27. Sardi, 6. Sardinian penal code, in re "mandat inexe'cute'," 322, note 2. punishment of unpremeditated homicide, 331. "assassinat," 374, note 1. "Satyres." See LASCIVIOUS CRIMINALS. Savings of convicts, and conditional liberation, 432. in Italy, 432. in Belgium, 432, note I. Scale of punishments. See PENAL PROPORTION. Scandinavians, prehistoric, 6. Scaphocephaly in criminals, 69, 71. School, the, in relation to crime, 137-140. Scotland, vitriol-throwing in, 114, 196. statute in relation to, 196, note 1. annual collection of fines in, 434, note 1. statistics of crime in, 437 et seq. Scottish and Irish children, case suggested by Darwin, 258, 259. Scrofula, in criminals, 92, 106. Seasons, effect of their vicissitude upon crime, 162, 163. Secrets, violation of professional, in French and Italian law, 41, note 2. mentioned, 41. Sedition. See POLITICAL CRIMES. Seduction, 24, 40, 122, 389. Segregation. See ELIMINATION; INTERNMENT. Selection, as an effect of elimination, 251-255. operated by the death penalty, 252, 254. as an effect of the insane asylum, 285. retrogressive, probable explanation of moral anomaly, 110. natural, by elimination, operative only upon criminals of a patho- logic character, 253. "Selection a rebours," 110. Self-esteem. See VANITY. 474 SUBJECT INDEX Semi-insanity, as an extenuating circumstance, 286. Semi-responsibility in Italian penal code, 275. Semites, ancient, 231. Senile lubricity, 130, 399. Sensibility, obtuseness of, 92. See also VULNERABILITY. Sentiments, moral, necessity of analyzing to obtain notion of natural crime, 6-10. non-elementary distinguished, 15-19. altruistic, 19-33. of criminals, 82 et seq. See also MORAL SENSE; PITY; PROBITY; MORAL ANOMALY; AFFEC- TIVE SENTIMENTS. Septembrists, 124. Servant, theft by. See "VoL DOMESTIQUE." Servia, brigandage, in 127. Severity of punishment. See PUNISHMENT, Criteria of Utility. "Sevices," 40, 229, 374, 407. "Sezione d'accusa," 193, note 2, 204, note 2. Siberia, transportation to, 393. Siberian convicts, described by Dostoieffsky, 78, 83 et seq. Sicily, observations in, as to relation between theft and price of bread- stuffs, 161. influence of Mafia upon jurors, 359. Simple theft, 202, 227. in French and Italian law, 151, note 1. "Simulations," 32. Sinus, frontal. See FRONTAL SINUS. Sirotkin (in Dostoieffsky's "House of the Dead"), 78. Skulls, of criminals, 67 et seq., 105. Canstadt and Cro-Magnon, 107. Slavery, presumption against, in Roman law, 332-334. mentioned, 11, 26. Slavs, prehistoric, 6. Smuggling, not violative of elementary altruistic instincts, 33, 42. mentioned, 184. Social classes, and crime, 142165. Social Influences, 135-177. Socialists, their arguments as to causes of crime, 142-165. Sociologic notion of crime, need of, 3-5. means of attaining, 5-10. See also NATURAL CRIME. Soldiers examined by Ferri, 69. Somatic substratum of moral anomaly, possibility of, xxxi, 79, 104. Songs, Sicilian criminal, 206. Spain, percentage of crime in relation to literacy, 138. experiment with jury trial, 359. statistics of crime, 437 et seq. Spaniards, their cruelty to natives of New World, 26, 27. Sparta, nudity of young women in gymnasia, 12. adultery, 12. exposure of weak and deformed children, 29. mentioned, 16. Special recidivism, 95, 163, 326, 409. Specialties, criminal, may be determined by school education, 139. by economic causes, 164. Specialization of crime as an effect of civilization, 177. Spells, casting of, 113. Spirituality, a product of moral qualities, 139. SUBJECT INDEX 475 Spoliation of documents, 41. Starodoub, 87-89. State-provided work, Rqmagnosi's plan for, 180, 181. State-workmen, companies of. See COMPULSORY LABOR. Statistics, comparative, of crime, 436-442. Statute of Vagabonds, English, 247. Statute of limitations. See PRESCRIPTION. Stolen goods, receivers of, 407. See also THIEVES. Stoning, Israelitish punishment of adultery, 37. Stress, economic. See ECONOMIC STRESS. Strikings and woundings, 119, 121, 122, 188, 198, 227, 339, 346, 367, 437, 440. statistics of, in various European countries, 437, 439-441. Styria, violent crimes in, 119. Submicrocephaly in criminals, 67, 69, 71. Subsistence, defects in as causes of crime (Romagnosi), 180. Substitutes for punishment (Ferri), 182. Substitution of children, 41, 408. Suffering, as a means of purification in theory of expiation, 230. its infliction inevitable in repression, 234. in relation to correctionalist theory, 256. physical, not essential in punishment, 406. Suggestion, hypnotic. See HYPNOTISM. mob, question of, 122-125. Suppression of civil status ("suppression d'etat civil"), 41 and note 3, 408. Supra-orbital ridges, prominence of, in certain criminals, 68, 70, 76. Sumatra, Battas of, 6. Superstition, its relation to certain apparent violations of pity, 28. and endemic crimes, 113, 114. Sweden, pardon of life-convicts in, 209, 210. King Oscar on pardoning power, 370. statistics of homicide, 438. Swindlers, punishment of. See PROBITY, CRIMINALS DEFICIENT m. Swindling, 205, 296. See also FALSE PRETENSES. Sympathy, Darwin's theory of instinctive, 7, 8. for animals, a late moral acquisition, 20, 27, 44. as producing modifications of conduct (Spencer), 21, 22. See also BENEVOLENCE; PITY. T Tahiti, 6, 16. Talion, law of the, 230. Tariff legislation in Fern's proposals, 182, 184, 186. Taverns, restriction of, in Holland, 187, 188. increase in Italy, 188. See also ALCOHOLIC LIQUORS. Teaching, pedagogic, without influence on moral character, 140. See also EDUCATION; CORRECTION ALIST THEORY. Teeth of murderers, 70. "Tell-tale Heart," Poe's, 103. "Temibilita," 303. Temperament of criminals, 79. Temperance societies in Ferri's proposals, 189. Temperature, its influence on crime, 117 et seq., 162, 163. "Tentative," 308, 314, 318, 320. Teratologic cranial deformations in criminals, 69. 476 SUBJECT INDEX Theft, causes of propensity to, 127. French and Italian law of, 151, note 1. statistics of, in various European countries, 437, 441, 442. mentioned, 93, 149, 151, 198, 202, 205, 332. Thief, a physiognomic type, 72. Thieves, cranial anomalies in, 71. physiognomy of, 71, 72. and moral neurasthenia, 128, 129. professional, their punishment, 225. See also PROFESSIONAL CRIMINALS. as distinguished from "falsifiers," 407. punishment of various classes, 227, 391, 392, 394-398, 411, 412, 413. See also PROBITY, CRIMINALS DEFICIENT IN. Threats, 121, 335, 339, 407. Tierra del Fuego, 101, note 1. Tiflis, judicial district of, 439. Todas, 17. Tonkinese, cruelties of European armies toward, 27. Torture, physical, deliberate infliction of, a natural crime, 40. in French penal code, 374. as characterizing certain murderers, 374. not today countenanced in punishing, 233. Tottiyars, 17. Transformation of crime from one kind to another, 160 et seq. of species, mentioned, 111. Transportation, as a means of elimination, 220, 221. by British government, 248. its intimidatory effect, 249. See also INTERNMENT; MAROONING. "Transportation," 212, note 1. "Travaux forces," 59, note 1, 212, note 1. Treason, a true crime in a state of war, 38. Trial procedure. See PROSECUTION AND TRIAL. "Tribunal correctionnel," 193, note 3. Trococephaly in criminals, 71. Trust, criminal breach of. See BREACH OF TRUST. Tufano, case of, 82. Types, professional and social of Tarde, 75, 76. See also ANTHROPOLOGIC TYPE; PHYSIOGNOMIC TYPES. Typical criminal, 111, 112. See also MURDERER. U Usage, social, 11. Utilitarian school, its notion of crime, 55. Utility, Spencer's theory of, as origin of moral sense, 7, 155, 240. social, as an element of punishment, 56. experiences of, must have been undergone as well in lower as in upper strata of society, 156. must have included pain-bringing reaction against crime, 241. social desire to eliminate offender, not dependent on direct consid- erations of, 235. United States, penal improvements in, xxx, note 1. lynching, 49. prohibition of sale of intoxicants, 187, note 1. SUBJECT INDEX 477 Vagabonds, and moral neurasthenia, 128. punishment of, 225, 390, 412. in Tudor England, 247, 325, note 2. should not be granted provisional liberation, 347. Vagabondage, 165, 198. Valjean, Jean, 145. Vanity of criminals, 83, 103. Vascular reaction, 92. Vendetta, 49, 112. Vengeance, the original basis of punishment, 230. punishment apparent expression of social, 232. Vesanic heredity, 259, note 2. Vesanic manifestations, 106. Vicaria, a prison of Palermo, 206. Vigilance, defects in, as causes of crime (Romagnosi), 180. "Violation de domicile" explained, 42, note 1. mentioned, 42. Violent criminal, a physiognomic type, 72. Violent criminals (in author's classification), 112-130, 131, 134. punishment of, 382, 391. (a) homicidal offenders, 382-385. (6) offenders guilty of serious physical or moral cruelty, 386, 387. (c) youthful offenders, 387, 388. (d) offenders deficient only in moral training or restraint, 389- 391. Virtue, feminine, 16, 17, 36, 37. "Vitium," 99. Vitriol-throwing, 114, 196. 'Vitrioleuses," 196. 'Voies de fait," 440. 245 and note 1, 300. mple," 151 and note 1, 202, 227. Vulnerability, defective or lacking, 115. W Wages, increase of, in France, 159, 168. War, may cause a political crime to become a natural crime, 39. and capital punishment compared, 51. effect upon crime in general. See ECONOMIC DISTURBANCES. Warrant of arrest in French criminal procedure, 341, note 1. Wealth, unequal distribution of, in relation to crime, 142-165. Wheat, increase of its consumption in France, 159, 168. Wheat crop, increase of, in France, 1825-1878, 168. Will. See FREE WILL. Wine, its consumption in France, 162, note 1. See also ALCOHOLIC LIQUORS. Witchcraft, 5, 16, 113. Wives, transfer of, 12. Women criminals, differential treatment proper for, 408. Words, offensive. See INSULTS. Work, in penitentiaries, data as to, in France and Italy, 394, note 1. State-provided, Romagnosi's plan for, 180, 181. 478 SUBJECT INDEX Work (continued), compulsory, in penal treatment of certain offenders. See COMPULSORY LABOR. Workmen, described by Zola, their characteristics, 155. theft by. See "VoL DOMESTIQUE." Woundings, 163, 202. See also STRIKINGS AND WOUNDINGS. Wrecks, pillage of, 5, 26. Youthful offenders, punishment of, in general, 225, 408. where belonging to class of Violent criminals, 385, 387, 388. where belonging to class of Criminals deficient in probity, 395. 396. only intelligent study of reformative measures in case of, 256. Z Zoophily, 27. Zygomata of criminals, 67, 70. See also EUBYQNATHISM. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES JAN 1 1952 A 000 679 641 1