And the fact that this increased ratio of the more serious punishments actually indicates a greater severity on the part of the judges can only be contested on the ground of a simultaneous increase of the more serious crimes and offences. On the other hand, we note in France a general decrease of crimes against the person (except for assaults on children), and still more of crimes against property. There is also a striking confirmation in the corresponding acquittals and condemnations of a more serious character. We see, in fact, that the more serious condemnations increase precisely when the acquittals decrease (as in the 4th, 6th, 7th, and 10th periods at the Assizes, and the 2nd, 5th, and 8th periods at the Tribunals); whilst in the years of more frequent acquittals there is also a diminution of more serious punishments, as in the 5th and 8th periods at the Assizes. That is to say, the two sets of statistics actually indicate a greater or less severity on the part of juries and judges. This firmer repression is demonstrated in spite of the continued increase of attenuating circumstances, which rose at the Assizes from 50 per cent. in 1833 to 73 per cent. in 1806, and at the Tribunals from 54 per cent. in 1851 to 65 per cent. in 1886. Nevertheless it is a fact that the number of cases tried by default at the Assizes has continuously decreased <p 91>from a yearly average of 647 in 1826-30 to one of 266 in 1882-6. For Italy we have the following figures: PRETORS. TRIBUNALS. ASSIZES. ------------------------------------------- Condemned to Imprisonment. Condemned Penal Servitude Slighter imprisonment. to death. for life. temporary. punishts 1874 21 79 1.2 5.6 65 28 5 22 80 1.3 6.5 63 29 6 23 81 1.3 6.1 66 27 7 24 82 1.5 7.2 66 25 8 25 85 1 7.6 67 25 9 25 -- 1.2 6.3 67 25 1880 26 -- 1.3 5.5 68 25 1 24 81 1.7 6.1 65 27 2 23 81 1.5 6 66 27 3 23 81 1.7 5.4 64 29 4 23 81 1.3 5.3 64 30 5 23 81 1.6 5.4 63 30 6 21 81 1.6 5.7 62 30 7 21 83 1.1 5.8 63 30 8 21 82 1.2 4.7 65 29 Thus, once more, there has been no relaxation of repression, except in late years for those condemned by the Pretors to penal servitude for life. The conclusion, therefore, is still the same, namely that judicial repression, in France and Italy, has grown stronger and stronger, whilst criminality has increased more and more.