The instinctive criminal, in his fully developed form, is a moral monster.
In him the absence of guiding or inhibiting social instincts is
accompanied by unusual development of the sensual and self-seeking
impulses. The _occasional criminal_, as he is usually called, is a much
commoner and more normally constituted person. In him the sensual
instincts need not be stronger than usual, and the social elements, though
weaker than usual, need not be absent. Weakness is the chief
characteristic of the occasional criminal; when circumstances are not
quite favourable he succumbs to temptation. Occasional crime is one of the
commonest forms of crime; it is also that for whose existence and
development society is most directly responsible; very often it might
equally well be called social crime. Here is an example. Two lads of
honest life, the sons of agricultural labourers, being unable to obtain a
scanty subsistence at home, start one day in a fit of desperation for a
distant town in search of work. Without food or shelter, sleeping under a
hedge, they reach a farm-house. Looking through a window they see a
plum-pudding; they open the window, seize the pudding, and go a few yards
off to devour it. In a few hours they are on the way to the lock-up, to
receive, later on, a sentence of six months’ imprisonment. “At the close
of it they were provided with an outfit and an introduction to an employer
of labour in Canada; and when we last heard of them they were doing
extremely well, with excellent prospects before them.”[8] This sequel
(which would have been better had it come before the seizure of the
plum-pudding) proves that we are not dealing with instinctive criminals.
Take another case mentioned by the same writer. A woman with a drunken
husband who spends his last penny in the public-house, is driven by actual
starvation to commit her first crime. She steals a small piece of meat to
feed her hungry children. She is sent to prison. “We heard of her
afterwards leading a most consistent and almost saintly life.” These
persons, it is clear, were not the criminals but the victims; society was
the criminal. Now and then, as in the cases just cited, it happens that
the occasional criminal who is thus recklessly flung into prison is
assisted to live a human life. In the great majority of cases he is ruined
for life, familiarised with the prison, introduced to bad company. We
have, as well as we are able, manufactured him into what is called the
_habitual criminal_.
Public-domain text, read in full here on John Shaqi.
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