gravity of certain offences. Among some peoples there is a far greater reluctance than there is among others to appeal to the law. Murder is perhaps the only crime on which there exists a fair consensus of opinion among civilised communities; and even with regard to this offence it is impossible to overcome all the judicial and statistical difficulties which stand in the way of an international comparison.
In spite, however, of the fact that the amount of crime committed in civilised countries cannot be subjected to exact comparison, there are various points on which the international statistics of crime are able to render valuable service. It is important, for instance, to see in what relation crime in different communities stands to age, sex, climate, temperature, race, education, religion, occupation, home and social surroundings. If we find, for example, an abnormal development of crime taking place in a given country at a certain period of life, or in certain social circumstances, and if we do not discover the same abnormal development taking place in other countries at a similar period of life, or in a similar social stratum, we ought at once to come to the conclusion that there is some extraordinary cause at work peculiar to the country which is producing an unusually high total of crime. If, on the other hand, we find that certain kinds of crime are increasing or decreasing in all countries at the same time, we may be perfectly sure that the increase or decrease is brought about by the same set of causes. And whether those causes are war, political movements, commercial prosperity, or depression, the community which first escapes from them will also be the first to show it in the annual statistics of crime. In these and many other ways international statistics are of the greatest utility.
From what has already been said as to the immense difficulty of comparing the criminal statistics of various countries, it follows as a matter of course that the figures contained in them cannot be used as a means of ascertaining the position which belongs to each nation respectively in the scale of morality. Nor is the moral progress of a nation to be measured solely by an apparent decay of crime. On the contrary, an increase in the amount of crime may be the direct result of a moral advance in the average sentiments of the community. The passing of the Elementary Education Act of 1870 and of the Criminal Law Amendment Act of 1885 have added considerably to the number of persons brought before the criminal courts and eventually committed to prison. But an increase of the prison population due to these causes is no proof that the country is deteriorating morally. It will be regarded by many persons as a proof that the country has improved, for it is now demanding a higher standard of conduct from the ordinary citizen than it demanded twenty years ago.[3]
[3] Before the passing of the Elementary Education Act, no one was tried for not sending his child to school; it was not a legal offence; in 1888-9 no less than 80,519 persons were tried under this Act, in England and Wales.
On the other hand, a decrease in the official statistics of crime may be a proof that the moral sentiments of a nation are degenerating. It may be a proof that the laws are ceasing to be an effective protection to the citizen, and that society is falling a victim to the forces of anarchy and crime. It is, therefore, impossible by looking only at the bare figures contained in criminal statistics, to say whether a community is growing better or worse. Before any conclusions can be formed on these matters, either one way or the other, we must go behind the figures, and look at them in the light of the social, political and industrial developments taking place in the society to which these figures refer.
In this connection, it may not be amiss to point out that the present tendency of legislation is bound to produce more crime. All law is by its nature coercive, but so long as the coercion is confined within a limited area, or can only come into operation at rare intervals, it produces comparatively little effect on the whole volume of crime. When, however, a law is passed affecting every member of the community every day of his life, such a law is certain to increase the population of our gaols. A marked characteristic of the present time is that legislative assemblies are becoming more and more inclined to pass such laws; so long as this is the case it is vain to hope for a decrease in the annual amount of crime. Whether these new coercive laws are beneficial or the
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