The congenital character and hereditary transmission of criminal
tendencies in these individuals fully justify the words of
Quetelet, that ``moral diseases are like physical diseases: they
are contagious, or epidemic, or hereditary. Vice is transmitted
in some families in the same way as scrofula or consumption. The
greater number of crimes come from a comparatively few families,
which need a special supervision, an isolation like that which we
impose on sick persons suspected of carrying the germs of
infection.'' So Aristotle speaks of a man who, being accused of
beating his father, answered: ``My father beat my grandfather,
who used to beat his father cruelly; and you see my son--before he
is grown up he will fly into passions and beat me.'' And Plutarch
added to this: ``The sons of vicious and corrupt men reproduce
the very nature of their parents.''
This is the explanation of Plato's idea, who, ``admitting the
principle that children ought not to suffer for the crimes of
their parents, yet, putting the case of a father, a grandfather,
and a great-grandfather who had been condemned to death, proposed
that their descendants should be banished, as belonging to an
incorrigible family.'' Carrara called this a mistaken idea, but
it seems to us to be substantially just. It may be remembered
that when De Metz in 1839 founded his agricultural penal colony at
Metray, once celebrated but now in decay (for the whole success of
these foundations depends on the exceptional psychological
qualities of their governors), out of 4,454 children, 871, or 20
per cent., were the children of convicts. We quite agree with
Crofton's proposal to <p 252>place the children of convicts in
industrial schools or houses of correction.
A special establishment for the perpetual or indefinite seclusion
of incorrigible criminals has been proposed or approved in Italy
by Lombroso, Curcio, Barini, Doria, Tamassia, Garofalo, Carelli;
in France by Despine, Labatiste, Tissot, Leveill<e'>; in Russia by
Minzloff; in England by May; in Germany by Kraepelin and
Lilienthal; in Austria by Wahlberg; in Switzerland by Guillaume;
in America by Wines and Wayland; in Holland by Van Hamel; in
Portugal by Lucas; &c.
But I believe that, in order to establish the fact of
incorrigibility, the number of relapses should vary in regard to
different criminals and crimes. Thus, for instance, in the case
of murders, especially by born criminals, the first crime should
lead to an order for imprisonment for life. In the case of less
serious crimes, such as rape, theft, wounding, swindling, &c.,
from two to four relapses should be necessary before the habitual
criminal is sentenced to such imprisonment.
These ideas are approximately carried out, especially in the
countries which, having made no great advance in the criminal
sciences, meet with less of pedantic opposition to practical
reforms.
Public-domain text, read in full here on John Shaqi.
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