Criminal Sociology | Page 5

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.
INTRODUCTION.
THE POSITIVE SCHOOL OF CRIMINAL LAW.
During the past twelve or fourteen years Italy has poured forth a stream
of new ideas on the subject of crime and criminals; and only the
short-sightedness of her enemies or the vanity of her flatterers can fail
to recognise in this stream something more than the outcome of
individual labours.
A new departure in science is a simple phenomenon of nature,
determined in its origin and progress, like all such phenomena, by

conditions of time and place. Attention must be drawn to these
conditions at the outset, for it is only by accurately defining them that
the scientific conscience of the student of sociology is developed and
confirmed.
The experimental philosophy of the latter half of our century, combined
with human biology and psychology, and with the natural study of
human society, had already produced an intellectual atmosphere
decidedly favourable to a practical inquiry into the criminal
manifestations of individual and social life.
To these general conditions must be added the plain and everyday
contrast between the metaphysical perfection of criminal law and the
progressive increase of crime, as well as the contrast between legal
theories of crime and the study of the mental characteristics of a large
number of criminals.
From this point onwards, nothing could be more natural than