New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-22

ate too was as insensitive as the flesh, showing
that the gustatve capacity must be very cruuc
and coarse. In all criminals of this knd wouh"s
usually heal very quickly. This fact al once
reminds us of the astonishing accounts IN 'he Vi"
sagas and medieval romances OF the amazing
cures made by heroes after severe lighting Ooh-
pare, too, the case Of New-Zealander VINO was
so thrust through the chest with "A spear as 'hicK
as ones wrist that the weapon protruded through
his back-yet who In less than three weeks WAC
on his feet and apparently as we'll as ever hcie
we have quite paraeled conditions, ana meulae-
val knights savagcs and modern criminals ap-
pear exhibiting precisely the same kind OF physi-
cal insensibility and disvulnerabilty The CIT
cumstance may possibly be no more than coin-
cidence, but it will be difficult to make thao
theory at all plausible.
A like moral obtuseness appears In the IN
stnctve criminal, and his character throughout
is Enthusiastically childish. that is to say. uhue
veoped Criminal anthropology has not peeh
pursued far enough to demonstrate the exact in
fuence of heredity in determining the limits Oh
arrested development in this class. We can only
say with confidence that owing to certain con-
ditions. physical and psychcal together, the in
stnctive criminal is in effect reversionary type,
and in the more pronounced cases incapable OF
being adapted to modern civilization. But IL
must he clearly understood that no hard and fast
lines can be drawn. So many influences are com
bined in the production of the criminal type tha'
each individual must be judged by ITSELF ana
this is a cogent reason for objection 10 all penal
systems which ignore individuality and attempt
to deal with criminals as if they were automa'a,
all made upon the same model. Ihheii.o"
dipsomania, inherited epileptc neurosls, III
herited physical disease or prcdispositon to DIS
ease must each and all he taken into consldcra-
ton As a rule the instructive criminal type OF
large cities is of weakly constitution queer
shaped skulls, pigeon breasts. feeble muscular
development, a precocity which is not followed
up usually characterize this class. Moral IN
stability, absolute want of foresight puerle
absorption in the moment. an equally puerile
frvolity, and a cruelty usually found only In
children and savages. diferentate and control
the destnies of these unfortunate people. Inlor-
tunate from any rational point of view they must
be considered. but it would be great mistake to
suppose them unhappy. In fact. their very de-
fects and limitations preserve them from that
form Of mental detection which is possible only
to more advanced types: and in the light-heart-
edness and gayety with which they undergo all
the penalties and pains incidental to their chronic
war against society we have n clew 10 the real
condition of the masses during the period COM
monty spoken Of as the dark ages. In spite OF
war, famine oppression, poverty. toll. and what
we regard as the depths Of discomfort and misery,
there can he little doubt that our barbarous an
cestors really enjoyed life. the whole. as much
as the majority Of people do to-day.
The Importance of criminal anthropologY is
shown in the fact that despite all modern civ
ilizaton can effect. the level of crminality is
rising throughout the civilized world and has
been rising during the whole Of the present
century. Mr.. Ellis says In France, in Ger
many, in Italy. in Belgium. in Spain. in the
United States the tide of crimnality is becoming
higher steadily and rapidly In France II has
risen several hundred per cent; so also for many
serious kinds Of crime in many parts OF Germany
in Spain the number of persons sent 10 perpetual
Imprisonment nearly doubled between 1870 and
1888 in the United States the criminal popula-
ton has increased since the war; relatively to the
population, by one-thrd. There is. no doubt
room for falacy in many of these statistics vari-
Gus circumstances serve 10 modify such figures
a greater or less intolerance Of crime, more or less
success in capturing criminals, and variations in
the methods OF dealing with them. On the
whole, however, there seems to he general agree
mcnt that the increase is real In Great Britain
according to Mr. Ellis the increase is not so great
as il is in some other countries. but il is real
outside of minor offences. The general situation
then, evidently calls for active and well. con-
sidered measures, and before they can he taken
it is necessary TO recognize the vices and defects
of existing penal systems and theories. or these
the most conspicuous undoubtedly is the sinister
influence Of modern prisons. 1t is, of course, no
longer possible TO defend the solitary system for
that condemned itself by experience long ago.
But al.rt from that living grave the methods
...l1
their effects Free correspondence among con-
victS leads necessarily 10 the generation Of new
crime and to the corruption of the comparatively
innocent. The prohibition of conversation and
the strict application Of discipline emas-
culates the convict, makes hypocrite Of him,
and disables him completely Tor restoration to
law-abdng society when he is released
All systems, in so far as they proceed upon
the theory that the individuality Of the prisoner is
not to be taken into account, are hopelessv wrong
The practical impossibiJity of Going equity in the
imposition Of sentences is fertile cause of mis-
chief and the Elmira method Of indeterminatc
sentences IS the only one which has the approval
both of anthropologists and penologists This is
30 because it is the only one which makes the
! personality Of the convict the centre upon which
everything moves Under the plan of indie
terminate sentences the criminal has 10 work out
his own salvation, and there rs some guarantee
that by the time it is judged expedient to lbcrate
him he will be really prepared to Join the ranks
of honest industry. The Elmira probation system,
| operated i'll connection With indeterminate sen
| fences. has thus far been followed by very en-
| couraging results but il must he evident that
| any system Of the kind requires 10 be applied
| to the whole country before its full capabilities
| can be shown, and before it become more than
| a valuable object lesson. What is needed, then,
| is the application OF such general scheme of
| penal reform will make il possible 10 educate
criminals out OF criminality whenever they possess
any germs of better capacities upon which 10
| work There will remain, il not always, at least
for long time, class of criminals beyond amend
ment; the instructive professional class, whose
| only view OF lie IS that Of upon society,
| and whose predacous instincts incapacitate them
| for orderly and restrained industry.
| We and the world At large are as yet long
/ - l.. IL ,l,1.1.aa IL IL.