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XXIV STIGMATA OF THE CRIMINAL

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lombroso and others have emphasized the theory that the criminal is a distinct physical type. this doctrine has been so positively asserted and with such a show of statistics and authority, that it has many advocates. more recent investigations seem to show conclusively that there is little or no foundation for the idea that the criminal is a separate type. men accustomed to criminal courts and prisons cannot avoid being impressed with the marks of inferiority that are apparent in prisoners. most prisoners are wretched and poorly nourished, wear poor clothes and are uncared-for and unkempt. their stunted appearance is doubtless due largely to poor food, the irregularity of nourishment, and the sordidness of their lives in general. one also imagines that a prisoner looks the part, and in his clothes and surroundings he generally does. it is hard for a prisoner to look well-groomed; he has neither the opportunity nor the ambition to give much attention to his personal appearance. the looks of the prisoners are of little value. nothing but actual measurements could give real information, and these do not sustain the theory of their being different from other men.

it is not possible to see how the criminal can be of a distinct physical type. criminality exists only in reference to an environment. one cannot be born a criminal. one may be, and often is, born with such an imperfect equipment that he cannot make his adjustments to life, and soon falls a victim to crime and disease. all that a physical examination could do would be to show the strength or weakness of the body and its various organs. what may befall him will depend partly on the kind and quality of his mind and nervous system, and partly on the physical structure and the kind of experiences that life holds in store for him.

no doubt thorough psychological examinations would reveal something of the brain, just as physical examinations certainly would determine the strength and capacity of the body. this would be of material aid in determining the kind of environment that should be found for the individual, and if such environment could be easily found it would avert most of the calamities which beset the path of the youth.

something can be told of a person's character from his eyes, the expression of the face and the contour of the head, but this information is very misleading as our everyday experience shows. it is not necessary to find stigmata in the prisoner to know that he was born the way he is. one's character must be fixed before birth whether nature marks it on one's head or not. likewise every particle of matter moves from stimuli and obedience to law, regardless of whether it shows in the face or not. the strong are no more exempt from the law than the weak. all the difference is that they can longer and more easily avoid disaster.

everyone is in the habit of forming a hasty opinion of another by reading his face and noting his expression. but the indication given by facial expression is mainly the product of the life that has been lived, and tells something of the part that the hidden emotions have played on the body.

it has been generally believed that mind has its seat in the brain and the nervous system. later investigations, however, seem to show that it is the product of the whole physical organism. there is no chance to measure or weigh or still less assay the qualities of the machine. it is certain that the quality of the mind depends very little upon either the contour or size of the skull.

about all that can be learned of the mind and the character of the man must be gathered from the manifestation of the machine. it is shown by his behavior in action and reaction. this behavior is caused by the capture, storage and release of energy through the ductless glands.

a defective mechanism either inherited or acquired through imperfectly balanced glands will inevitably produce an imperfect mind and defective conduct. this it will be bound to do because the body is the mind.

as a matter of fact, no man is branded physically with the "mark of cain." if criminology were so simple it would not be difficult to handle. the manifestations of the human machine are infinite and only patience and careful study can find the points of weakness and of strength. that all brains and bodies have both is beyond dispute. no physical human structure was ever put together where the organs were equally strong to do the work assigned to them. some part of the body always needs watchfulness and repair and can never be depended upon in emergencies. in times of overstress and strain, the defective organ or organs will manifest their weakness. the intricate nervous system and the brain, the unseen instincts and emotions likewise do not work perfectly; but as a rule the ones that underwork or overwork cannot be seen by a physical examination. it generally requires great subtlety to find them, and careful treatment and environment to make the machine work fairly well in spite of these imperfections. this could be provided; in most cases the machine could be placed in an environment where it would work fairly well; but instead of this all the effort that is made to keep the machine in shape is a threat of the jail if it goes wrong; it is then left to run itself without help or assistance of any kind.

while examinations of the head do not show marked differences between prisoners and others, a great distinction is seen between the general proportion and the degrees of nourishment of prisoners and those not accused of crime. nothing is more common than the weak and underfed condition of the delinquent and the criminal. this needs no expert examination. it is obvious to all. the poor, scanty clothes and personal belongings corroborate the fact that the accused is poor and has not enough to eat or wear, nor anything but the most scanty shelter. in addition to these facts, he is almost always ill. a report recently published, based on investigations by a special committee of the new york state commission of prisons, shows that in the new york reformatory only eight per cent passed the required physical examination. in the penitentiary, where the average age was higher, only five per cent passed the test. in the work house—the home of the "down and outs"—only one per cent passed. the health tests employed were those for admission to the army. it was likewise found by the same commission that of those in good health or fair physical condition, eighty-five per cent were self-supporting, while only eighteen per cent of those in poor physical condition took care of themselves.

disease and ill health, when found so generally, are in themselves indications of a defective system, and such machines are constantly exposed to temptation. their needs are ever present and their poverty great. sickness and disease weaken or destroy such inhibitions as the unfortunate are able to build up, and they readily yield to crime.

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