Enrico Ferri 1905
Source : Project Gutenberg;
First Published: 1899, translated into English 1917.
Chapter I.
THE DATA OF CRIMINAL ANTHROPOLOGY
Origin of Criminal Sociology, –Origin of Criminal Anthropology, –Methods of Criminal Anthropology, –Relation between Criminal Anthropology and Criminal Sociology, –Criminal Anthropology studies the organic and mental constitution of the criminal, – The criminal skull and brain, –Criminal physiognomy, –Physical insensibility among criminals, –Criminal heredity, –Criminal psychology, –Moral insensibility among criminals, –The criminal mind. II. The data of criminal anthropology only applies to the habitual or congenital criminal, –The occasional and habitual criminal, –Comparison between the criminal and non-criminal skull, –Anomalies in the criminal skull, –The habitual criminal, –The crimes of habitual criminals, –The criminal type confined to habitual criminals, –The proportion of habitual criminals in the criminal population, –Forms of habitual criminality, –Forms of occasional criminality, – Classification of criminals, –Criminal lunatics, –Moral insanity, –Born criminals, –Criminals by acquired habit, –Criminal precocity, –Nature of juvenile crime, –Relapsed criminals, –Precocity and relapse among criminals, –Criminals of passion, –Occasional criminals, –Differences between the occasional and the born criminal, –Criminal types shade into each other, –Numbers of several classes of criminals, – Value of a proper classification of criminals, –A fourfold classification.
Chapter II.
THE DATA OF CRIMINAL STATISTICS
Value of criminal statistics, –The three factors of crime, – Anthropological factors, –Physical factors, –Social factors, –Crime a product of complex conditions, –Social conditions do not explain crime, –Effects of temperature on crime, – Crime a result of biological as well as social conditions, –The measures to be taken against crime are of two kinds, preventive and eliminative, –The fluctuations of crime chiefly produced by social causes, –Steadiness of the graver forms of crime, – Effect of judicial procedure on criminal statistics, –Crimes against the person are high when crimes against property are low, –Is crime increasing or decreasing? –Official optimism in criminal statistics, –Density of population and crime, – Conditions on which the fluctuations of crime depend, – Quetelet’s law of the mechanical regularity of crime, –The effect of environment on crime, –The effect of punishment on crime, –The value of punishment is over-estimated, – Statistical proofs of this, –Biological and sociological proofs, –Crime is diminished by prevention not by repression, –Legislators and administrators rely too much on repression, –The basis of the belief in punishment,–Natural and legal punishment, –The discipline of consequences, –The uncertainty of legal punishment, –Want of foresight among criminals, –Penal codes cannot alter invincible tendencies, –Force is no remedy, –Negative value of punishment. II. Substitutes for punishment, –The elimination of the causes of crime, –Economic remedies for crime, –Drink and crime, –Drunkenness an effect of bad social conditions, –Taxation of drink, –Laws against drink, –Social amelioration a substitute for penal law, – Social legislation and crime, –Political amelioration as a preventive of crime, –Decentralisation a preventive, – Legal and administrative preventives, –Prisoners’ Aid Societies, –Education and crime, –Popular entertainments and crime, –Physical education as a remedy for crime, –To diminish crime its causes must be eliminated, –The aim and scope of penal substitutes, –Difficulty of applying penal substitutes, –Difference between social and police prevention, –Limited efficacy of punishment, –Summary of conclusions.
Chapter III.
PRACTICAL REFORMS
Criminal sociology and penal legislation, –Classification of punishments, –The reform of criminal procedure, –The two principles of judicial procedure, –Principles determining the nature of the sentence, –Present principles of penal procedure a reaction against mediaeval abuses, –The “presumption of innocence,” –The verdict of “Not Proven,” –The right of appeal, –A second trial, –Reparation to the victims of crime, –Need for a Ministry of Justice, – Public and private prosecutors, –The growing tendency to drop criminal charges, –The tendency to minimise the official returns of crime, –Roman penal law, –Revision of judicial errors, –Reparation to persons wrongly convicted, – Provision of funds for this purpose, –Reparation to persons wrongly prosecuted, –Many criminal offences should be tried as civil offences, –The object of a criminal trial. II. The crime and the criminal, –The stages of a criminal trial, – The evidence, –Anthropological evidence, –The utilisation of hypnotism, –Psychological and psycho-pathological evidence, –The credibility of witnesses, –Expert evidence, –An advocate of the poor, –The judge and his qualifications, – Civil and criminal judges should be distinct functionaries, –The student of law should study criminals, –Training of police and prison officers, –The status of the criminal judge, –The authority of the judge. III. The jury, –Origin of the jury, –Advantages of the jury, –Defects of the jury, –The jury as a protection to liberty, –The jury and criminal law, –Juries untrained and irresponsible, – Numbers fatal to wisdom, –Defects of judges, –Difference between the English and Continental jury, –Social evolution and the jury, –The jury compared to the electorate, –How to utilise the jury. IV. Existing prison systems a failure, –Defects of existing penal systems, –The abuse of short sentences, –The growth of recidivism, –Garofalo’s scheme of punishments, –Von Liszt’s scheme of punishments, –The basis of a rational system of punishment, –The indeterminate sentence, –Flogging, –The indefinite sentence for habitual offenders, –Van Hamel’s proposals as to sentences, –The liberation of prisoners on an indefinite sentence, –The supervision of punishment, –Conditional release, –Good conduct test in prisons, –Police supervision, – Indemnification of the victims Of crime, –The duty of the State towards the victims of crime, –Defensive measures must be adapted to the different classes of criminals, –Uniformity of punishment, –The prison staff, –Classification of prisoners, –Prison labour. V. Asylums for criminal lunatics, –The treatment of insane criminals, –Crime and madness, –Classification of asylums for criminal lunatics, –The treatment of born criminals, –The death penalty, –Extension of the death penalty, –Inadequacy of the death penalty, –Imprisonment for life, –Transportation, – Labour settlements, –Establishments for habitual criminals, –Criminal heredity, –Incorrigible offenders, – Cumulative sentences, –Uncorrected or incorrigible criminals, –Cellular prisons, –Solitary confinement, –The progressive system of imprisonment, –The evils of cellular imprisonment, –The cell does not secure separation, – Costliness of the cellular system, –Labour under the cellular system, –Open-air work the best for prisoners, –The treatment of habitual criminals, –The treatment of occasional criminals, –The treatment of young offenders, – Futility of short sentences, –Substitutes for short sentences, –Compulsory work without imprisonment, –Conditional sentences, –Conditional sentences in Belgium, –Conditional sentences in the United States, –Objections to conditional sentences, –When the conditional sentence is legitimate, – The treatment of criminals of passion, –Conclusion.