Criminal Sociology

Forsideomslag
Little, Brown, 1917 - 577 sider

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Eclectic Definition of Crime Proal
51
Method Employed in the Study of Criminals Inexactness of Com
55
57 Physiognomy most important in Determining a Criminal
57
Qualitative and Quantitative Disagreements in the Data of Criminal
61
Criminal Etiology
63
The Presence of Criminal Traits in the Honest and in the Non
68
Indetermination of Crime not Allinclusive
74
68
106
Biological Abnormality or Degeneracy as Basis of Origin and Nature
109
76 Basis of Origin and Nature of Crime Complex
115
Crime is a Phenomenon of BiologicoSocial Abnormality
122
insane born habitual occasional and by passion Grada tion Numerical proportions Other classifications Conclusions 82 History of the Distinction of ...
125
Conclusions from History of Distinctions of Criminal Categories prior to Lombroso
127
Applicability of Anthropological Data restricted to Certain Categories
129
Criminal Relapse the Rule
130
Proportion of Recidivity in Crimes against the Person
132
Proportion of Recidivity in Crimes against Property
133
Larger Percentage of Habitual Delinquency
134
Percentage in Habitual Delinquency between Assizes and Tri bunals
136
Five Categories of Criminals
138
93 The Criminal Insane
139
The Mattoide and Semiinsane Categories
142
The Borncriminal Category
144
The Habitual Delinquent Category
145
Precocity and Recidivity Traits of the Habitual Criminal
146
Two Objections to Precocity as a Mark of the Categories of Born and Habitual Criminals
150
Objection to Recidivity as a Mark of the Categories of Born and Habitual Criminals
151
The Criminal through Passion Category
152
The Occasional Criminal Category
154
Difference between Categories One of Degree
157
Application of Class Division of Criminals
158
Numerical Proportions of the Five Categories of Criminals
159
Other Classifications of Criminals
160
Colajanni and Lombroso Accept the Five Classes of Delinquents
163
New Basis for Legal Science
164
PART II
168
Method of Collecting and Studying Criminal Statistics
169
Use and Abuse of Statistics
171
Ethicosocial Inductions from Criminal Statistics
173
Criminal Sociological Demands of Statistics
174
Anthropological Factors in Crime Organic Constitution of
186
CHAPTER III
195
Increase in Contraventions and Increase in More Serious Crimes
202
CHAPTER IV
209
Exceptional Penalties and Repression
233
Moral Prevention of Crime
239
Penal Substitutes
246
Physical and Psychopathogenic Influence of Alcohol
252
179 Penal Substitutes Economic Orders in General
258
Penal Substitutes Economic Order Conclusion
264
Religious Order
271
CHAPTER VI
278
Inevitability of Social Friction Crime Unavoidable
280
Penal Substitutes A General Argument
281
The Importance of the Theory of Penal Substitutes
282
Prevention of Crime a Duty for the Criminologist
283
Crime is Pathological Need of Prevention
285
PART III
288
Basis of the Right of Punishment
289
Process of Action
290
Moral Liberty an Impossibility
292
201 Indivisibility of the Human Mind
295
No Free Will Because Will in not an Entity
296
Statistics Prove that There is No Free Will
297
Free Will is Denied by Science
298
Equivocal Meanings of Moral Liberty
299
Examples of Equivocal Meaning of Liberty
301
Denial of Free Will is not Fatalistic
303
Limited Moral Freedom Important to Sustain Criminal Law
305
Theory of Limited Moral Freedom in Practical Jurisprudence
307
CHAPTER II
308
Basis of Responsibility
309
Need of History to determine Basis of Responsibility
310
Evolution of Defensive Reaction
311
PAGE
312
Identity of Military and Legal Reaction
313
Penal Lack of Recognition of Morality of Act
316
Evolutionary Phases of Law
317
The Last Evolutionary Phase of Law the Social Phase
318
Development of Penal Law toward the Defensive
320
Distinction between Two Forms of Criminality
336
CHAPTER IV
339
Legal Responsibility
340
Objection that New Penology is Not Based on Right
341
Positivistic Basis of Penal Law
342
Physical Biological and Social Sanctions
343
Coercive
344
The Essential Quality Common to All Forms of Social Sanction
345
Moral Culpability must be Discarded as a Prerequisite in Crime
347
Social Selection
349
Moral Culpability an Impossible Basis for Defense of Society
351
Social Accountability in Place of Moral Responsibility
352
Public Opinion and Social Defense
356
Moral Insanity
359
Basis of Right to Punish
360
Imputability and Responsibility
362
ECLECTIC THEORIES OF RESPONSIBILITY
364
Practical Freedom
371
Voluntarianism
378
Normality
390
Original Development of the Eclecticism of Tarde
397
State of Criminality
404
Greater Importance of Prevention
410
Summary
420
Determinative Motives as Applied to Insane Delinquents
426
Conclusion
432
Examples of Influence of New Data
438
Examples of Exaggerated Individualistic Tenets
444
First Form of Individual Criminal Action
451
THE MACHINERY OF PENAL JUSTICE AND ITS ACTUAL CHARACTER The proper duty of a penal judgment The preparation of the case judici...
456
Judicial License
457
Characteristics of Penal Judgment Lack of Organization
459
Their Impotence
461
Proper Duty of a Penal Judgment
462
The Phases of Evidence
464
Detection of the Criminal Bertillonage
465
Detection of the Criminal Sphygmography
467
Detection of the Criminal Conclusion
468
Trial
471
Public Defenders
472
Scientific Capacity of Judiciary
473
Independence of the Judiciary
474
The Qualification of the Judiciary
476
CHAPTER IV
479
its Advantages and Disadvantages
481
The Jury as a Juridical Institution
482
The Capital Fault of the Jury System
485
The Incoherence of its Acts
487
The Jury Considered Psychologically and Sociologically
489
the Tendency of the Profes sional Judge to Convict
490
Psychologically Unfitted for Europe
491
Not Evolutionary
493
The Necessity of the Abolition of the Jury System in the Trial of Ordinary Crimes
495
THE BANKRUPTCY OF THE CLASSICAL PENAL SYSTEMS AND THE POSITIVIST SYSTEM OF REPRESSIVE SOCIAL DEFENSE Fundamen...
498
Fundamental Criteria of the System of Social Defense
502
B Reparation in Damages
509
C The Choice of Defensive Means for Different Categories of De linquents
515
Prisons must be Hospitals where Delinquency is Treated
518
Prisons must not be Places of Ease
519
CHAPTER VI
521
Asylums for the Criminal Insane Objections Expense
522
The Born Criminal and Capital Punishment
527
Theory that no Punishment should be Permanent
533
Deportation for Life
534
Indeterminate Segregation
537
The Cellular System
540
Outdoor Work in Farming Colonies
543
Classification of Habitual Criminals
545
Substitutes for Shortterm Sentences
546
Conditional Sentence
547
their Relative Impunity
553
Summary of Practical Reform
554
CHAPTER VII
555
Relations between Penal Law and Criminal Sociology and Criminal Sociology and Politics
556
Value of Origin of Crime as a Basis of Criminology
562
353 Ultimate Significance of New Discoveries and Methods
563
Penal Procedure in the Future
565
INDEX
571
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Side viii - As the science has various aspects and emphases — the anthropological, psychological, sociological, legal, statistical, economic, pathological — due regard was paid, in the selection, to a representation of all these aspects. And as the several Continental countries have contributed in different ways to these various aspects, — France, Germany, Italy, most abundantly, but the others each its share, — the effort was made also to recognize the different contributions as far as feasible. The...
Side vi - In short, the individualization of disease, in cause and in treatment, is the dominant truth of modern medical science. The same truth is now known about crime; but the understanding and the application of it are just opening upon us. The old and still dominant thought is, as to cause, that a crime is caused by the inscrutable moral free will of the human being, doing or not doing the crime, just as it pleases...
Side v - As to the treatment of disease, there were believed to be a few remedial agents of universal efficacy. Calomel and bloodletting, for example, were two of the principal ones. A larger or smaller dose of calomel, a greater or less quantity of bloodletting, — this blindly indiscriminate mode of treatment was regarded as orthodox for all common varieties of ailment. And so his calomel pill and his bloodletting lancet were carried everywhere with him by the doctor.
Side vi - It need not be asserted for one moment that crime is a disease. But it does have natural causes, — that is, circumstances which work to produce it in a given case. And as to treatment, modern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machinelike, but must be adapted to the causes, and to the man as affected by those causes.
Side 209 - Just as in a given volume of water, at a given temperature, we find a solution of a fixed quantity of any chemical substance, not an atom more or less, so in a given social environment, in certain defined physical conditions of the individual, we find the commission of a fixed number of crimes.
Side vi - It means that we must study all the possible data that can be causes of crime, — the man's heredity, the man's physical and moral make-up, his emotional temperament, the surroundings of his youth, his present home, and other conditions, — all the influencing circumstances.
Side 333 - Ferri contended that the political offenders are not criminals, but are "honest and normal men misguided by their political ideas." 2r He called them "evolutive" or "politico-social" criminals, who tend "in a more or less illusory way to hasten the future phases of politico-social life.
Side 245 - The fundamental idea of these "equivalents" was "to give to the social organism such surroundings that human activity, instead of being vainly menaced with repression, should be guided continually in an indirect manner into paths which are not criminal and that a free scope should be offered to the energies and needs of the individual, whose natural tendencies will be opposed the least possible, who will be spared as much as possible the temptations to and opportunities for crime.
Side v - For the community at large, it is important to recognize that criminal science is a larger thing than criminal law. The legal profession in particular has a duty to familiarize itself with the principles of that science, as the sole means for intelligent and systematic improvement of the criminal law. Two centuries ago, while modern medical science was still young, medical practitioners proceeded upon two general assumptions: one as to the cause of disease, the other as to its treatment. As to the...
Side xlii - The reclusion of dangerous criminals for an indeterminate time is a proposal of the positivist criminal school, since it would be as absurd to say that a murderer should remain in prison twenty years rather than fifteen or thirty as it would to say in advance that a sick person should stay in a hospital ten days rather than twenty or fifty. As the sick person is kept in the hospital just as long a time as is necessary for his cure, and as the insane patient remains in the asylum all of his life unless...

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