The first is that it is incorrect to assert a mechanical
regularity of crime, which from Quetelet's time has been much
exaggerated. There has been a too literal insistance on his
famous declaration that ``the budget of crime is an annual
taxation paid with more preciseness than any other''; and that it
is possible to calculate beforehand how many homicides, poisoners,
and forgers we shall have, because ``crimes are generated every
year in the same number, with the same punishments, in the same
proportions.'' And one constantly meets with this echo of the
statisticians, that ``from year to year crimes against the person
vary at the <p 81>most by one in twenty-five, and those against
property by one in fifty''; or, again, that there is ``a law of
limitation in crime, which does not vary by more than one in
ten.''
This opinion, originated by Quetelet and other statisticians after
an inquiry confined to the more serious crimes, and to a very
short succession of years, has already been refuted, in part by
Maury and Rhenisch, and more plainly by Aberdare, Mayr,
Messedaglia and Minzloff.
In fact, if the level of criminality is of necessity determined by
the physical and social environment, how could it remain constant
in spite of the continual variations, sometimes very considerable,
of this same environment? That which does remain fixed is the
proportion between a given environment and the number of crimes:
and this is precisely the law of criminal saturation. But the
statistics of criminality will never be constant to one rule from
year to year. There will be a dynamical but not a statical
regularity.
Thus the element of fixity in criminal sociology consists in
asserting, not the fatality or predestination of human actions,
including crimes, but only their necessary dependence upon their
natural causes, and therewith the possibility of modifying effects
by modifying the activity of these causes. And, indeed, even
Quetelet himself recognised this when he said, ``If we change the
social order we shall see an immediate change in the facts which
have been so constantly reproduced. Statisticians will then have
to consider whether the changes have been useful or injurious.
These studies therefore show how <p 82>important is the mission of
the legislator, and how responsible he is in his own sphere for
all the phenomena of the social order.''
The second consequence of the law of criminal saturation, one of
great theoretical importance, is that the penalties hitherto
regarded, save for a few platonic declarations, as the best
remedies for crime, are less effectual than they are supposed to
be. For crimes and offences increase and diminish by a
combination of other causes, which are far from being identical
with the punishments lightly written out by legislators and
awarded by judges.
History affords us various impressive examples.
Public-domain text, read in full here on John Shaqi.
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