HABITUAL CRIMINALITY (homicide, theft, conspiracy, rape, incendiarism, vagrancy, swindling, A* B* C* A* B* C* A* B* C* p.c. p.c. p.c. p.c p.c. p.c. p.c. p.c. p.c. Proportion of the persons convicted of these crimes and offences to the total number of convictions . . . 84 32 38 90 34 35 86 30 30 {* NOTE: A B and C above are `Assizes,' `Tribunals,' and `Totals,' respectively. These are printed ``landscape'' fashion in the book.} <p 20> That is to say, habitual criminality would be represented, in Italy, by about 40 per cent. of the total number of condemned persons, and by somewhat less in France and Belgium. This would be accounted for in Belgium by the exclusion of vagrancy; but the difference is virtually due to the greater frequency in Italy of certain crimes, such as homicide, highway robbery with violence, and conspiracies. Further, it is apparent that in all these countries the types of habitual criminality, with the exception of thefts and vagrancy, are in greater proportion at the assizes, on account of their serious character. The actual totals, however, are larger at the tribunals, for as, in the scale of animal life, the greatest fecundity belongs to the lower and smaller forms, so in the criminal scale, the less serious offences (such as simple theft, swindling, vagrancy, &c.) are the more numerous. Thus, out of the total of 38 per cent. in Italy, 32 belong to the tribunals and 6 to the assizes; out of 35 per cent in France, 33 belong to the tribunals and 2 to the assizes; and out of 30 per cent. in Belgium, 29 belong to the tribunals and 1 to the assizes. This also is partly accounted for by legislative distinctions as to the respective jurisdictions of these courts. As to the particulars of the totals, it is found that thefts are the most numerous types in Italy (20 per cent.), in France (24 per cent.), in Belgium (23 per cent.), and in Prussia (37 per cent., including breaches of trust).[5] [5] Starke, ``Verbrechen und Verbrecher in Preussen,'' Berlin, 1884, p. 92. <p 21> After theft, the most numerous in Italy are vagrancy (5 per cent.), homicides (4 per cent.), swindling (3 per cent.), forgery (.9 per cent.), rape (.4 per cent.), conspiracy (.4 per cent.), and incendiarism (.2 per cent.). In France and Belgium we find the same relative frequency of vagrancy and swindling; but homicide, incendiarism, and conspiracy are less frequent, whilst rape is more common in France (.5 per cent.) and in Belgium (1 per cent.). Such then are the most frequent forms of habitual criminality in the generality of condemned persons; and it will be useful now to contrast the more frequent forms of occasional criminality. For Italy the only judicial statistics which are valuable for detailed inquiry are those of 1863, 1869-72. For France, every volume of the admirable series of criminal statistics may be utilised.