On Wednesday morning Baron Garofalo read an important paper on the
question whether, when an individual’s guilt has been recognised, the
class of criminals to which he belongs can be determined by criminal
anthropology. This question was discussed from, necessarily, a somewhat
legal point of view, with Garofalo’s customary ability and clearness. He
was not concerned, he said, with the recognition of the criminal, but with
his classification, and in criminal anthropology we must give the first
place to psychology. He insisted on the necessity for the careful
psychical examination of the criminal, although it is necessary also to
consider his physical nature; while sometimes even the character of the
crime is sufficient to class the criminal. Uniformity of punishment is a
manifest absurdity; and he referred to the progress already made in France
by the recognition of the gravity of incorrigible recidivism. The old
criminal law only recognised two terms, the _offence_ and the
_punishment_. The new criminology recognises three terms, the _crime_, the
_criminal_, and the _method of repression_. Criminal law, he concluded,
must not be treated as a detached and isolated science; it must be
subordinated to psychology and to anthropology, or it will be powerless to
interpret and to determine, in any enlightened legislation, the true
classification of criminals. M. Alimena, a young Italian lawyer, thought
that the considerations brought forward by Garofalo furnished presumptions
only, and not judicial certainties. After a lively episode between M.
Benedikt and M. Lombroso, M. Brouardel, bringing the discussion back to
the point, remarked that the problem proposed by Garofalo--the
classification of criminals--can only be resolved by the totality of the
evidence. The complete investigation of the criminal can alone enlighten
justice. The crime by itself is insufficient to class the criminal, just
as the most senseless act is not enough to characterise a lunatic. The
morning session was closed by some remarks from M. Herbette, the official
director of the _Administration Pénitentiaire_. The Administration, he
observed, were following the results of criminal anthropology with close
attention, ready to adopt all conclusions that were proved, as they had
already adopted some. While recommending zeal and confidence in the
pursuit of these studies, he urged that the conclusions should be as
mature and as assured as possible, or criminal anthropology would risk its
authority and _prestige_.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account