Chapter 17

Dante, the hell of, 15. Death penalty, methods of inflicting, 163. Defectives, discussion of the, 183 ff.; in prisons, 184-185; proposed isolation or sterilization of, 233-249. Disease, treatment of crime contrasted with that of, 139-140, 154, 230-232; crime, accidents, and, 250-253. Doctors, employment of, in trials, as experts, 143-149. Dugdale, R.L., study of "The Jukes" by, 244-248.

Education, a response to suggestion, 65; importance of, to the child, 77-78; of the subnormal and the backward, 237. Edwards, Jonathan, view held by, of punishment as vengeance, 17-19. Emerson, R. W., on non-obedience to law, 114. Emotions, factor of, in human action, 46-55; lack of satisfaction of, in American scheme of things, 55. England, system of justice in, 281. Environment, man the product of heredity and, 34-36; relation of heredity and, 37-40; adjustment of, to heredity, 41-43, 277-278; relation of, to development of criminal, 57-69; effects of, 201-202; necessity of improving, shown by studies of the Jukes and the Kallikaks, 244-249. Experts, medical, in courts, 143-149.

Factory system, growth of cities due to, 76; and crime, 203-212; Fear, emotion of, in man, 46-47; instilling of, an object of punishment, 165. Feeble-minded, distinguishing between the normal and, 185-188. _See_ Defectives. Feuds, family, 12. Flight, instinct of, in man, 46-47. Folk-ways, crime defined as violation of, 6-7; enforcement of, by primitive man, 8; present-day laws descended from, 28; are still a guide to man, 99-100. Forgers, development of, 66-68. Freedom of speech, loss of, as result of World War, 220.

Gang, the boy's, 79. Genius, a frequent indication of insanity, 239. Girls, protected life of, as compared with boys, 72; sex crimes among, 90-91. Glands, the ductless, and their use, 33-34, 38, 174. Grant, General, on repealing of bad law, 130. Grasset, Joseph, "The Semi-Insane and the Semi-Responsible," cited, 239. Gregariousness, instinct of, in man, 47-48, 50.

Hatred, punishment actuated by, 12-19; killings traceable to, 83. Heredity, view of man as the product of environment and, 34-36; relation of environment and, 37-40; problem of future, to adjust environment to, 41-43, 277-278; responsibility of, for the criminal, 57-65; child criminal as result of, 78-79; accounting for accused men's actions by, 126-129; effects of, 201-202; laws of, not sufficiently known to justify sterilization, 237-238. Homicide, the crime of, 81-87.

Ignorance, disease due to, 252. Illinois, operation of parole law in, 267 Incest, crime of, 89-90. Indeterminate sentence, the, 268-271, 278. Industrialism and crime, 76, 203-212. Insane, restraint of, a measure of self-protection, 26; treatment of, 144; in prisons, 184-185; allowances for, in criminal codes, 187-190; legal tests of, not logical or humane, 190-192. Instinct, human action largely governed by, 44-54; stress placed on, as motive power of life, 81-83. Intelligence tests, use of, 185-186. Intolerance, a persisting source of evil, 228-229. Isolation of the subnormal, 233-249.

Jealousy, crime traceable to, 84-85. Jesus, doctrine of vengeance repudiated by, 13-14. Judges, attitude of, 282-283. Jukes family, study of the, 244-248; wrong deductions from, 248-249. Juries, attitude of, toward women criminals, 72, 73, 85; decision as to sanity of defendants left to, 144; abolition of, proposed by some, 282; better chances for the common man with, 283. Juvenile Courts, 59, 139. Juvenile Prison, the, 59.

Kallikak family, results of environment rather than heredity shown by, 249. Kidnapping, death penalty sometimes advocated for, 156. Killings. _See_ Homicide. Kleptomania, a form of insanity, 191-192.

Labor, manual, and its poor pay, 69; training for manual, in schools, 69-70. Law, a codification of a custom, 8; and its infraction, 110-114; the criminal and the, 116-129; repealing of, 130-133; shortening and simplification of codes of, 278. Laws, feeling against so-called property, 112. Legislation, restrictive, resulting from World War, 220. Legislatures, fixing of punishments by, 155-156. Lockouts, crimes resulting from, 102. Lombroso, C, discarded theory of, 172. Luck, element of, as affecting man, 255-262.

Man, origin and development of, like that of other animal life, 29-34; the product of heredity and environment, 34-36; as a predatory animal, 94-100; the outlook for, 274. Milton, the hell of, 15. Mind, operations of the, clouded in mystery, 24; seat of, in whole physical organism, 174. Money-getting, brain power not involved in, 51-54; crimes due to passion for, 104-105. Murder, not a profession like burglary or other crimes, 62; by robbers and burglars, 93. Music, satisfaction of emotions by, 55.

Negroes, disregard of laws pertaining to, 132.

Pacifism, a dream, 218-219. Panics, strikes following on, 102. Pardons, granting of, to criminals, 263-272. Parole, release of prisoners on, 265-272. Parole boards, 22; responsibilities of, 266-272; need of, for honesty, intelligence, and thorough equipment for work, 278-279. Parole laws, 218-219. Pick-pocket, development of the, 60-62. Pliny, letter of, quoted, 225-228. Poverty, relation between crime and, 101-102, 172, 176-177; of men charged with crime, 120. Prisoners, situation of, 120-123; proposed remedial measures affecting, 273-282. Prisons, reformation not accomplished in, 20-21. gradual improvement in, 163-164. Probation, system of, 271-272. Prohibition laws, 138; effect of, on crime, 197-198; Property, crimes against, 97-99; normal results of civilization, 100; discussion and analysis of, 101-108. Pugnacity, instinct of, in man, 47, 48. Punishment, purpose of, 12 ff.; hatred and vengeance as moving purposes of, 12-19; reformation viewed as aim of, 19-21; as a deterrent from crime, 21-24; impossibility of justifying, by any reasoning, 25-27; determining correct basis of fixing, 150-157; effects of too drastic, 156-157; results of, to others than the subject, 158-160; evolution of, 161-165; capital, 166-171; viewed as cruelty, not as a remedial measure, 275.

Rape, crime of, 88-89, 91. Reason, slight effect of, on actions of men, 44-55. Reformation, viewed as purpose of punishment 19-21; impossibility of moral, of man, 276-277. Religion, emotional life supplied by 54-55; in early times, subjects for criminal code furnished by, 161-163; criminal code created with growth of, 223-224. Repulsion, instinct of, in man, 47. "Revelations of St. Peter," quotation from, 14-17. Revenge. _See_ Vengeance. Revenue laws, common violation of, 132. Revolutionists, position of, 114. Robbery, crime of, 92-93.

Sabbath observance, disregard of laws concerning, 132. Self-protection, a justification of imprisonment, 25. Sentences of prisoners, basis of fixing, 156-157; indeterminate, 268-271, 278. Sentimentalism, defense of, 168-169. Sex instinct in man, 45, 48-49; jealousy and revenge caused by, 84-85; crimes resulting from, 88-91. Shoplifting, kleptomania and, 191-192. Social control, theory of, 136; discussion of, 193-202. Spanish Inquisition, ravages of the, 224. Sterilization of the defective, 233-249. Stigmata of the criminal, 172-177. Strikes, crimes following on, 102. Suggestion, power of, on human mind, 24, 65. Sumner, W.G., "Folkways" by, 131.

Taboos, adoption of, by primitive man, 7-8. Tests, physical, of prisoners, 176-177; intelligence, for grading mentality of the backward, 185-186. Trajan, correspondence between Pliny and, 225-228.

Vengeance, origin in, of idea of punishment, 12-19; punishment inflicted solely for, not as remedial measure, 275.

War, encroachments on liberty during, 114-115; effect of, on crime, 213-220. Weather, relation between crime and, 250. Westermarck, E.A., "History of Human Marriage," cited, 89. Witchcraft, hangings for, 224. Women, as criminals, 71-74; shoplifting by, 191-192. World War, underlying cause of, 106; encroachments on liberty during, 115; increase in crime since close of, 214-217; spirit of super-patriotism a result of, 219-220; restrictive legislation due to, 220.

Young, care of the, resulting from mother-instinct, 45-46.

End of Project Gutenberg's Crime: Its Cause and Treatment, by Clarence Darrow