Chapter I: General Considerations. 483 (4)

As was remarked at the beginning of this section (on the egoistic tendency of the present economic system, and its consequences), there are three questions which present themselves in connection with the etiology of crime; first, what is the origin of the criminal idea? Second, what are the forces in man which prevent this idea from coming to realization? Third, the occasion for committing the crime. For the moment we shall concern ourselves with the second question only; and we shall ask ourselves the question, is the explanation that these forces are weaker with non-possessors than with others? It is very difficult, if not impossible, to give an answer to this question, for it is very complicated. In the first place it is necessary to prove that the environment of the non-possessors arouses thoughts for which that of the possessors offers no place. The circumstances in which the well-to-do live are in general of such a nature that the moral force has no need of offering combat, since the criminal thought does not exist. For example, in economic offenses one of the principal provocatives of criminal ideas is poverty, which is unknown to the bourgeoisie. It follows that nothing definite can be said about the relative force of the moral sentiments in these two groups of the population in counteracting criminal ideas. Other examples could be added, and I am of the opinion that this influence of the environment will be by itself sufficient to explain the difference in the criminality of the two groups.

It is impossible to decide with certainty whether, aside from the above-mentioned influence of the environment, the present economic system and its consequences have a harmful influence upon the social sentiments that is stronger in the case of non-possessors than it is in the case of possessors. It must be considered as certain (and the figures which I shall give farther along also show it) that the circumstances in which children and young people live among the proletariat is a cause of their being much more demoralized than the children of the bourgeoisie. The influences acting upon the adults of the two classes differ so much in nature and intensity that it is impossible to contrast their effects.

It is unnecessary to say that in what has preceded the possessing class has been contrasted with the proletariat alone, and not with the lower proletariat. It goes without saying that the environment in which the latter live makes them the class most destitute of the moral sense in the whole population.

c. Marriage. To form an idea as to whether there is a relation between crime and marriage, and in this case, as to what its nature is, we must have recourse to statistics. Almost all the criminal statistics give information upon the civil status of criminals (England is the sole exception, I believe).

We shall commence with:

Austria, 1881–1899. [624]

===================+======================================================== | Years. Status. +----------+----------+----------+-----+-----+-----+----- |1881-1885.|1886-1890.|1891-1895.|1896.|1897.|1898.|1899. -------------------+----------+----------+----------+-----+-----+-----+----- Unmarried | 56.8 | 59.9 | 60.7 | 62.2| 62.9| 61.7| 61.3 Married | 39.9 | 36.9 | 36.2 | 34.7| 34.1| 35.3| 35.3 Widowers and widows| 3.2 | 3.1 | 3.0 | 3.1| 3.0| 3.0| 3.3 ===================+==========+==========+==========+=====+=====+=====+=====

Here the unmarried are more numerous than the married. It is different, however, in a neighboring country:

Hungary, 1888. [625]

===================+================================= | To 100 Convicts. +----------------+---------------- Status. | Men. | Women. +--------+-------+--------+------- |Assizes.| Corr. |Assizes.| Corr. | |Tribun.| |Tribun. -------------------+--------+-------+--------+------- Unmarried | 42.89 | 32.99 | 33.51 | 18.03 Married | 54.66 | 62.31 | 53.08 | 69.29 Widowers and widows| 2.36 | 4.06 | 13.08 | 11.46 Divorced | 0.09 | 0.64 | 0.33 | 1.22 ===================+========+=======+========+=======

Here, then, the married persons far outnumber the unmarried. However, neither of these tables has much value, for first, nothing shows that from the total number of the unmarried those who have not yet reached marriageable age has been subtracted, and second, the corresponding figures for the non-criminal population are lacking, so that a comparison of the two is impossible.

In these respects the following figures are better:

Italy, 1891–1895. [626]

====================+==================================== |Annual Average Number (of Criminals) Status. | to 100,000 of the Population in | Each Group over 14. --------------------+------------------------------------ Unmarried | 978.47 Married | 622.27 Widowers and widows | 291.84 ====================+====================================

But as the Hungarian figures have already shown it is necessary to make a division for sexes, for first, women have a much lower figure for criminality than men, and second, the whole population is not equally divided between men and women.

The defects so far noted have been avoided in the following tables:

France, 1881–1900. [627]

====================+===============================================
|To 100,000 of the Same State of Life there were
| accused at the Assizes:
Status. +-----------------------+-----------------------
| Men. | Women.
+-----------+-----------+-----------+-----------
| 1881-1885.| 1896-1900.| 1881-1885.| 1896-1900.
--------------------+-----------+-----------+-----------+-----------
Unmarried | 62 | 41 | 8 | 5
Married | 18 | 12 | 3 | 2
Widowers and widows | 24 | 14 | 5 | 3
====================+===========+===========+===========+===========

Netherlands, 1899. [628]

==========================+===============================+=============================
| Men. | Women.
+-------------------------------+-----------------------------
| To 100 Men | To 100 Male | To 100 | To 100
Status. |of Marriageable| Convicts of | Women of |Female Convicts
| Age | Marriageable |Marriageable|of Marriageable
| there were: |Age there were:| Age there |Age there were:
| | | were: |
--------------------------+---------------+---------------+------------+----------------
Unmarried | 34.8 | 59.1 | 36.2 | 36.7
Married | 58.8 | 36.7 | 52.4 | 52.6
Widowers, widows, divorced| 6.4 | 4.2 | 11.4 | 10.7
==========================+===============+===============+============+================

Switzerland, 1892–1896. [629]

===================+===========================+=========================== | Men. | Women. +---------------+-----------+---------------+----------- Status. | To 100 of | To 100 | To 100 of | To 100 |Population Over| Prisoners |Population Over| Prisoners | 12 Yrs. Old |there were:| 12 Yrs. Old |there were: | there were: | | there were: | -------------------+---------------+-----------+---------------+----------- Unmarried | 49.3 | 64.0 | 45.7 | 48.5 Married | 44.8 | 26.6 | 41.9 | 33.0 Widowers and widows| 5.5 | 5.7 | 11.7 | 11.6 Divorced | 0.4 | 3.7 | 0.7 | 6.9 ===================+===============+===========+===============+===========

These tables show that the unmarried men (but not the women) are in general more criminal than the married. However it is necessary to be careful as to this point. All these tables fail to connect civil status with age, a fact which reduces their importance almost to nothing, first because the tendency to crime differs much with age; and secondly, because the percentage of married persons is not the same for different ages. It is, therefore, necessary to compare the married and the unmarried at the same age. The German statistics are the only ones which furnish the necessary materials, and the conclusions to be drawn from these are the only ones which give us certain information as to the relation between crime and marriage. These statistics have served as the basis for the two studies of Dr. Prinzing’s already quoted from which we take the following tables.

First the relation between marriage and crime among men. But it must first be remarked that married men are acquitted oftener than bachelors, as a consequence of which the unmarried men are made, in the tables, to seem more criminal than they are—as the following table shows:

Germany, 1886–1890. [630]

========+======================================================= |Number Acquitted out of 100 Accused of Each Category of | Age and Civil Status. Age. +------------------+----------------+------------------- | Unmarried. | Married. | Widowers and | | | Divorced. --------+------------------+----------------+------------------- 18-21 | 15.0 | 20.7 | 21-25 | 15.8 | 18.4 | 25-30 | 15.9 | 20.1 | 16.1 30-40 | 15.1 | 22.3 | 16.0 40-50 | 13.4 | 23.7 | 15.2 50-60 | 13.4 | 24.9 | 18.0 Over 60 | 14.2 | 28.1 | 22.3 ========+==================+================+===================

Germany, 1888. [631]

Crimes in General.

=======+======================================================= |Number of Convicts to 100,000 Persons of Each Category. Age. +--------------+------------+-----------------+--------- | Unmarried. | Married. | Wid. and Div. | Total. -------+--------------+------------+-----------------+--------- 18-21 | 2,994.5 | 5,413.0 | | 3,009.2 21-25 | 3,107.0 | 3,566.3 | | 3,163.8 25-30 | 2,950.9 | 2,504.7 | 4,273.7 | 2,746.7 30-40 | 2,880.9 | 1,961.2 | 3,797.2 | 2,171.5 40-50 | 2,205.7 | 1,487.8 | 2,626.3 | 1,599.8 50-60 | 1,241.9 | 1,009.8 | 1,267.8 | 1,052.5 Over 60| 494.6 | 490.1 | 342.7 | 450.5 =======+==============+============+=================+=========

It appears then from this table, first, that in general the bachelors commit more crimes than the married men; second, that the contrary is true of the period between 18 and 25; third, that the criminality of married men is very great.

The following figures have to do with some important economic crimes. [632]

Simple Theft.

=======+==========+========+==========+====== | | |Widowers, | Age. |Unmarried.|Married.|Widows and|Total. | | |Divorced. | -------+----------+--------+----------+------ 18-21 | 551.7 |1,418.3 | | 555.3 21-25 | 427.7 | 685.9 | 627.2 | 457.7 25-30 | 382.6 | 412.6 | 572.1 | 398.5 30-40 | 411.9 | 296.9 | 550.0 | 323.0 40-50 | 365.0 | 216.2 | 420.0 | 237.4 50-60 | 233.1 | 151.6 | 231.1 | 164.6 Over 60| 109.2 | 84.0 | 67.2 | 81.2 =======+==========+========+==========+======

It is, then, in the period between 18 and 30 that married persons are more often guilty of theft than the unmarried; after 30 the parts are changed, except that under the last two age-classes the widows, widowers, and divorced persons show high figures.

Embezzlements. [633]

=======+==========+========+==========+====== | | |Widowers, | Age. |Unmarried.|Married.|Widows and|Total. | | |Divorced. | -------+----------+--------+----------+------ 18-21 | 123.2 | 338.7 | | 124.4 21-25 | 131.6 | 163.6 | 295.6 | 135.5 25-30 | 139.7 | 109.8 | 291.6 | 126.1 30-40 | 161.8 | 86.1 | 279.6 | 103.4 40-50 | 128.0 | 61.1 | 168.8 | 71.3 50-60 | 66.2 | 37.7 | 71.3 | 42.7 Over 60| 28.3 | 16.6 | 13.9 | 16.7 =======+==========+========+==========+======

In this crime also there is a greater criminality among married persons between 18 and 25 than among the unmarried, and the opposite for the later periods. The situation is entirely different in the case of the crime which follows: [634]

Fraudulent Bankruptcy.

=======+==========+========+==========+====== | | |Widowers, | Age. |Unmarried.|Married.|Widows and|Total. | | |Divorced. | -------+----------+--------+----------+------ 18-21 | 0.3 | 33.9 | | 0.3 21-25 | 3.3 | 21.3 | | 4.5 25-30 | 3.9 | 14.8 | | 9.8 30-40 | 4.3 | 9.9 | 15.9 | 9.0 40-50 | 2.2 | 6.6 | 7.2 | 6.2 50-60 | 1.1 | 4.0 | 4.1 | 3.7 Over 60| 0.4 | 1.7 | 1.4 | 1.5 =======+==========+========+==========+======

Here we have a higher degree of criminality among the married persons of all ages.

It is unnecessary to give the figures for all the economic crimes and it will be enough simply to give the general results for the rest. Unmarried persons are guilty of the following crimes more often than married persons: aggravated theft (at all ages); robbery and extortion (except between the ages of 21 and 25); fraud and criminal breach of trust (except between the ages of 21 and 25); forgery (except between 21 and 25, and over 60); and counterfeiting. The following offenses are more often committed by married persons than by unmarried: being accessory to theft, and receiving stolen goods (except between 30 and 40); violation of secrets; usury; and procuration. It must be added that widows, widowers and divorced persons show very high figures for economic offenses.

As to sexual crimes we have the following figures: [635]

=======+====================================++==================================== | Incest. || Debauching through Abuse of | || Confidence. +----------+--------+---------+------++----------+--------+---------+------ Age. |Unmarried.|Married.| Widows | ||Unmarried.|Married.| Widows | | | | and |Total.|| | | and |Total. | | |Divorced.| || | |Divorced.| -------+----------+--------+---------+------++----------+--------+---------+------ 18-21 | 0.7 | | | 0.7 || 0.03 | | | 0.03 21-25 | 0.8 | 1.4 | | 0.9 || 0.20 | 0.4 | | 0.20 25-30 | 1.0 | 0.9 | | 1.0 || 0.30 | 0.3 | | 0.30 30-40 | 1.0 | 1.4 | 22.7 | 1.7 || 0.20 | 1.5 | 2.3 | 0.40 40-50 | 0.9 | 1.7 | 26.3 | 2.5 || 0.40 | 0.4 | 1.2 | 0.50 50-60 | 0.8 | 1.2 | 12.4 | 2.1 || 0.20 | 0.3 | 0.7 | 0.30 Over 60| 0.2 | 0.4 | 1.9 | 0.8 || | 0.1 | 0.1 | 0.10 =======+==========+========+=========+======++==========+========+=========+======

Consequently, as regards these crimes, the married persons are more often guilty than the unmarried, but the widowers, widows and divorced persons occupy the first rank.

=======+======================================= | Rape, Etc.[636] Age. +----------+--------+------------+------ |Unmarried.|Married.|Widowers and|Total. | | | Divorced. | -------+----------+--------+------------+------ 21-25 | 26.3 | 24.1 | | 26.1 25-30 | 26.2 | 15.7 | | 21.2 30-40 | 39.7 | 12.8 | 61.4 | 18.6 40-50 | 44.5 | 9.9 | 56.2 | 14.8 50-60 | 36.8 | 8.4 | 28.3 | 12.3 60-70 | 28.3 | 6.8 | 18.7 | 11.1 Over 70| 18.7 | 5.6 | 10.3 | 8.6 =======+==========+========+============+======

Here the unmarried persons are guilty oftener than those married, and widowers and divorced persons oftenest of all. As for debauch contrary to nature it is the unmarried persons who are the most often guilty.

Here, finally, are figures for the more important remaining crimes:

=======+====================================================== | Rebellion.[637] +------------+----------+------------------+----------- Age. | | | Widowers, Widows | | Unmarried. | Married. | and Divorced. | Total. -------+------------+----------+------------------+----------- 18-21 | 130.5 | 211.7 | -- | 130.8 21-25 | 199.0 | 143.6 | -- | 192.0 25-30 | 228.2 | 113.8 | 258.0 | 174.2 30-40 | 262.6 | 83.1 | 236.2 | 119.4 40-50 | 206.6 | 55.6 | 160.4 | 73.6 50-60 | 92.0 | 34.2 | 59.6 | 40.8 Over 60| 25.2 | 14.5 | 11.2 | 14.3 =======+============+==========+==================+============

=============================================================== | Insults.[638] +------------+----------+------------------+------------ Age. | | | Widowers and | | Unmarried. | Married. | Divorced. | Total. -------+------------+----------+------------------+------------ 18-21 | 111.1 | 444.5 | -- | 112.5 21-25 | 173.3 | 279.0 | 448.0 | 186.7 25-30 | 222.9 | 270.6 | 381.4 | 249.3 30-40 | 277.4 | 316.2 | 377.3 | 312.8 40-50 | 240.7 | 311.3 | 317.3 | 307.3 50-60 | 158.1 | 237.7 | 187.5 | 229.4 Over 60| 66.4 | 122.9 | 66.6 | 103.7 =======+============+==========+==================+============

Here the married persons have the highest figures at all ages.

=======+======================================================= | Assaults.[639] Age. +------------+----------+------------------+------------ | Unmarried. | Married.| Widowers and | | | | Divorced. | Total. -------+------------+----------+------------------+------------ 18-21 | 1,084.2 | 1,778.2 | -- | 1,087.3 21-25 | 1,132.5 | 1,051.5 | 1,344.0 | 1,124.1 25-30 | 904.6 | 692.9 | 964.7 | 803.3 30-40 | 552.6 | 434.1 | 602.3 | 459.7 40-50 | 262.9 | 268.1 | 316.1 | 269.6 50-60 | 117.7 | 161.9 | 144.6 | 157.2 Over 60| 43.5 | 68.6 | 40.9 | 59.0 =======+============+==========+==================+============

The unmarried show in general higher figures than the married persons (except for the period between 18 and 21).

=======+========================================= | Murder and Homicide.[640] +-----------+---------+------------+------ Age. |Unmarried. |Married. |Widowers and|Total. | | | Divorced. | -------+-----------+---------+------------+------ 18-21 | 2.2 | | | 2.2 21-25 | 3.1 | 2.1 | | 3.0 25-30 | 3.1 | 2.0 | | 2.6 30-40 | 3.3 | 1.4 | 13.6 | 1.9 40-50 | 1.8 | 0.9 | 6.0 | 1.9 50-60 | 0.8 | 0.5 | 2.1 | 0.7 Over 60| 0.2 | 0.3 | 0.2 | 0.3 =======+===========+=========+============+======

Here it is the widowers, widows and divorced persons who are most involved, and then the unmarried.

For some other crimes we shall give only the results. Married persons are more often guilty of the following crimes than the unmarried; domiciliary trespass (except between 25 and 50); perjury (except between 21 and 25, and between 30 and 40) and other offenses against the obligation of taking oath; false accusation; unintentional homicide (except between 25 and 30); offenses against personal liberty (except between 30 and 50); and crimes and misdemeanors committed by public officials.

For the following crimes, on the other hand, the unmarried hold the first rank: offenses against public worship (except between 21 and 25); malicious mischief (except between 18 and 21); and arson. It is to be noted that for nearly all the above the widowers, widows and divorced persons show very high figures.

After an examination of the results found it is impossible to say that the married persons show absolutely a criminality less in degree than that of the unmarried; there is a variation for offenses as well as for ages. Only considered in general, the tendency to crime is less in the case of the married than of the unmarried.

As the following figures prove the connection between crime and marriage is quite different in the case of women. It is necessary, however, to show the following table before giving figures in support of this assertion.

Germany, 1886–1890. [641]

=======+======================================================= |Number of Acquittals to 100 Accused Persons of Each Age Age. | Group. +----------------+--------------+----------------------- | Unmarried. | Married. | Widowed and Divorced. -------+----------------+--------------+----------------------- 18-21 | 15.1 | 25.6 | 21-25 | 16.8 | 24.5 | 24.1 25-30 | 16.7 | 24.2 | 19.7 30-40 | 17.3 | 23.4 | 19.6 40-50 | 18.2 | 24.2 | 21.7 50-60 | 18.2 | 25.8 | 24.4 Over 60| 19.8 | 27.0 | 27.7 =======+================+==============+=======================

As in the case of men there are, then, a greater percentage of acquittals among the married than among the unmarried.

Germany, 1882–1893. [642]

Crimes in General.

=======+========================================================== |To 100,000 Persons of Each Age Group there were Sentenced: Age. +------------------+----------------+---------------------- | Unmarried. | Married. | Widowed and | | | Divorced. -------+------------------+----------------+---------------------- 18-21 | 415.2 | 602.5 | 21-25 | 417.5 | 469.9 | 1339.3 25-30 | 440.7 | 454.5 | 1149.2 30-40 | 446.2 | 500.0 | 1029.9 40-50 | 334.7 | 468.2 | 709.9 50-60 | 221.5 | 299.5 | 369.2 Over 60| 102.2 | 133.4 | 111.2 =======+==================+================+======================

While married women of all ages lead the unmarried in general criminality, the highest figures are shown by the widows and divorcées.

The following tables have to do with the more important crimes, beginning with those affecting property: [643]

Simple Theft.

=======+==========+========+==========+====== Age. |Unmarried.|Married.|Widows and|Total. | | |Divorcées.| -------+----------+--------+----------+------ 18-21 | 210.6 | 209.3 | |210.6 21-25 | 177.1 | 147.8 | 385.7 |169.3 25-30 | 158.5 | 132.0 | 318.5 |144.0 30-40 | 136.6 | 127.1 | 265.9 |135.1 40-50 | 92.2 | 104.0 | 175.9 |111.6 50-60 | 61.2 | 64.4 | 88.6 | 70.3 Over 60| 32.0 | 31.1 | 28.0 | 29.5 =======+==========+========+==========+======

The married women show, then, figures a little lower than those of the unmarried women, except between 40 and 60, and the widows and divorcées give the highest figures.

=======+===========================+=========================== | Embezzlement. | Receiving Stolen Goods. Age. +------+----+--------+------+------+----+--------+------ |Unmar.|Mar.|Wid. and|Total.|Unmar.|Mar.|Wid. and|Total. | | | Div. | | | | Div. | -------+------+----+--------+------+------+----+--------+------ 18-21 | 25.3 |35.2| | 25.8 | 9.2 |33.7| | 10.7 21-25 | 25.9 |23.4| 92.8 | 25.4 | 10.6 |26.3| 48.2 | 15.3 25-30 | 26.0 |20.3| 80.7 | 23.2 | 12.6 |23.9| 52.4 | 20.2 30-40 | 25.3 |21.6| 63.4 | 24.2 | 17.2 |32.6| 61.3 | 31.4 40-50 | 18.6 |18.3| 40.3 | 21.1 | 16.1 |36.4| 56.4 | 36.6 50-60 | 11.0 |10.3| 17.2 | 12.2 | 11.4 |22.6| 29.6 | 23.3 Over 60| 4.4 | 4.3| 4.6 | 4.4 | 4.5 | 8.8| 7.4 | 7.6 =======+======+====+========+======+======+====+========+======

Under the head of “embezzlement” the unmarried women show figures a little higher than those of the married women (except between 18 and 21); in the crime of receiving stolen goods the married women are more guilty than the unmarried; while in both offenses it is the widows and divorcées who lead.

Procuration.

=======+==========+========+=============+====== Age. |Unmarried.|Married.|Wid. and Div.|Total. -------+----------+--------+-------------+------ 18-21 | 0.6 | 5.2 | | 0.9 21-25 | 2.1 | 8.2 | 33.8 | 3.9 25-30 | 6.4 | 10.1 | 47.5 | 9.2 30-40 | 10.9 | 11.7 | 47.3 | 13.2 40-50 | 7.6 | 9.7 | 28.4 | 11.7 50-60 | 3.5 | 4.5 | 10.4 | 5.9 Over 60| 1.1 | 1.8 | 2.5 | 2.2 =======+==========+========+=============+======

Here also the highest figures are found with the widows and divorcées and the lowest with the unmarried women. In the following economic offenses it is the married women who are oftenest guilty: aggravated theft (except between 18 and 21 and after 60); fraudulent bankruptcy; forgery (except between 25 and 50); and violation of secrets. We must once more note that the widows and divorcées show very high figures.

As to sexual crime we have the following:

=======+======================================= | Incest. Age. +-----------+---------+----------+------ |Unmarried. |Married. |Widows and|Total. | | |Divorcées.| -------+-----------+---------+----------+------ 18-21 | 2.7 | 1.4 | | 2.6 21-25 | 2.1 | 0.6 | | 1.7 25-30 | 2.3 | 0.2 | 8.0 | 1.1 30-40 | 2.5 | 0.2 | 6.2 | 0.8 40-50 | 0.6 | 0.1 | 1.2 | 0.3 50-60 | 0.1 | 0.1 | 0.6 | 0.2 Over 60| 0.1 | 0.02 | 0.1 | 0.07 =======+===========+=========+==========+======

Here the widows and divorcées are at the head and the married women last. The other sexual crimes give figures for women too small to be of any value for our purpose.

Certain of the crimes which remain show the following figures:

=======+===================================== | Insults. Age. +----------+--------+----------+------ |Unmarried.|Married.|Widows and|Total. | | |Divorcées.| -------+----------+--------+----------+------ 18-21 | 24.3 | 88.5 | | 27.9 21-25 | 34.9 | 85.7 | 157.1 | 50.0 25-30 | 44.2 | 99.8 | 137.1 | 76.7 30-40 | 57.3 | 116.8 | 138.4 | 108.1 40-50 | 58.4 | 121.4 | 121.7 | 114.5 50-60 | 43.6 | 84.8 | 77.1 | 78.5 Over 60| 22.4 | 38.3 | 26.7 | 30.2 =======+==========+========+==========+======

The highest figures are those for widows and divorcées (except over 50), and the lowest for the unmarried.

=======+======================================= | Domiciliary Trespass. +-----------+---------+----------+------ Age. |Unmarried. |Married. |Widows and|Total. | | |Divorcées.| -------+-----------+---------+----------+------ 18-21 | 5.4 | 16.9 | | 6.0 21-25 | 6.9 | 13.3 | 28.6 | 8.9 25-30 | 8.6 | 15.2 | 28.2 | 13.0 30-40 | 11.1 | 21.2 | 32.7 | 20.1 40-50 | 10.6 | 23.9 | 27.2 | 22.8 50-60 | 6.2 | 15.3 | 15.9 | 14.4 Over 60| 3.0 | 6.0 | 4.2 | 4.7 =======+===========+=========+==========+======

The highest figures are for the widows and divorcées, the lowest for the unmarried.

=======+======================================= | Assaults. Age. +-----------+---------+----------+------ |Unmarried. |Married. |Widows and|Total. | | |Divorcées.| -------+-----------+---------+----------+------ 18-21 | 20.4 | 67.5 | | 23.0 21-25 | 24.9 | 61.1 | 96.4 | 35.7 25-30 | 29.8 | 58.7 | 88.9 | 48.3 30-40 | 29.9 | 61.0 | 70.2 | 56.4 40-50 | 21.3 | 55.3 | 46.8 | 50.4 50-60 | 13.9 | 33.9 | 25.7 | 29.5 Over 60| 7.0 | 14.2 | 8.6 | 10.4 =======+===========+=========+==========+======

Here the highest figures are those for the married women except between the ages of 21 and 40 when they fall to the widows and divorcées.

=======+===================================== | Crimes against the Life of a Child. Age. +----------+--------+----------+------ |Unmarried.|Married.|Widows and|Total. | | |Divorcées.| -------+----------+--------+----------+------ 18-21 | 5.6 | 4.3 | | 5.5 21-25 | 9.8 | 1.7 | 7.1 | 7.4 25-30 | 9.3 | 1.4 | 16.1 | 4.5 30-40 | 5.4 | 1.1 | 12.5 | 2.4 40-50 | 1.3 | 0.8 | 3.4 | 1.2 50-60 | 0.5 | 0.5 | 0.7 | 0.6 Over 60| 0.1 | 0.3 | 0.2 | 0.2 =======+==========+========+==========+======

In this regard the widows and divorcées show the greatest criminality, the married women the lowest.

Finally, we may add the results for some other crimes. The married women are more guilty than the unmarried in the following: rebellion [644] (except between 21 and 40); violation of factory laws; crimes against individual liberty; and malicious mischief (except between 25 and 40). In the following the unmarried women lead the married: perjury, false accusation, homicide and murder (except for the ages over 50), unintentional homicide (except after 50), and arson. It is to be noted that the widows and divorcées are at the head.

The conclusion to be drawn is that the married woman commits more crimes than the unmarried, but that this does not apply to all crimes nor to all ages.

So much for the figures themselves; now for their explanation.

It is very difficult, in examining the influence of marriage upon criminality, to separate the moral consequences from other factors. We are mistaken, for example, if we attribute to the moral influence of marriage the fact that married persons are less often guilty of the great majority of economic crimes than the unmarried. The fact that anyone marries is ordinarily an indication that he is in a material situation more or less good. The danger that he will commit an economic offense becomes, then, much less great than when he is in a less comfortable condition. The correctness of this position is clearly shown by the statistics given, according to which married men still young give a higher figure than that furnished by the bachelors. The reason is that proletarians marry while still young. The material cares of these husbands are then much greater than later on when their children have already left home, or are at least earning their own living. [645] If we examine the figures for insults we shall see that married men and women both are more guilty than the unmarried. It would be very erroneous to conclude that marriage increases the tendency to this offense. The explanation is to be found in the fact that when a single dwelling (or barrack rather) is the common habitation of several workmen’s families, living conditions easily become a permanent source of disputes. In this case it is not marriage but bad housing conditions which appear as a factor in the etiology of crime. If it were possible to separate these conditions or these material consequences of marriage from its moral consequences, the difference between the criminality of the married and the unmarried would not appear very great. Especially is this true if we keep sight of the fact that the bourgeoisie generally marry at a more advanced age than the proletariat. This brings it about that there are more of the bourgeois among the older married people than among the younger; and since, from other causes, the bourgeoisie commit fewer crimes than the proletariat, the influence of marriage seems greater here than it really is.

As for the criminality of women it must be noted that the unmarried women of the bourgeoisie represent a greater proportion of the whole number of unmarried women than the women of this class do of women in general. And since from other causes the criminality of the women of this last class is very small, marriage seems to have a less favorable effect than it really has.

As for the consequences of marriage upon morality, I believe they are the following. In the first place marriage has a tendency to increase the feeling of responsibility, especially if there are children. Then when man and wife understand one another, when they are happy in their union, no one will deny that marriage has a strong moral influence, for, according to the proverb, happy people are not wicked. The proof of this is that married men participate less than bachelors in the crimes of rebellion, assault, homicide, murder, etc., while widowers are more often guilty of them, becoming addicted to alcohol after the death of their wives, or becoming demoralized in other ways. However, it would be more accurate to speak of the moral influence of love than of marriage in the sense of legal monogamy. Happy married couples do not owe their happiness to the legal sanction. Without it their happiness would be as great. On the other hand if the couple is ill-assorted for one reason or another, then marriage has a very demoralizing influence. Legal monogamy comes into play in such cases by rendering difficult the separation of persons who do not understand each other, or of whom one or the other conducts himself badly.

The great power of a man over his wife, as a consequence of his economic preponderance, may equally be a demoralizing cause. It is certain that there will always be abuse of power on the part of a number of those whom social circumstances have clothed with a certain authority. How many women there are who now have to endure the coarseness and bad treatment of their husbands, but would not hesitate to leave them if their economic dependence and the law did not prevent. Holmes, the author of “Pictures and Problems from London Police Courts”, who for years saw all the unfortunates who came before these tribunals, says in this connection: “A good number of Englishmen seem to think they have as perfect a right to thrash or kick their wives as the American had to ‘lick his nigger.’ Yes, and some of these fellows are completely astonished when a magistrate ventures to hold a different opinion. I well remember a great hulking fellow, with a leg-of-mutton fist, being charged with assaulting a policeman. After all the evidence had been given, the magistrate inquired whether the prisoner had been previously charged. ‘Yes, your worship, he was here two months ago, charged with assaulting a female.’ As the prisoner declared this was false, and indignantly denied that he had ever assaulted a female, the gaoler brought in his book and proved the conviction. The prisoner then looked up in astonishment, and said: ‘Oh, why, it was only my own wife!’ Only their own wives; but how those wives suffer! Is there any misery equal to theirs, any slavery to compare with theirs? If so, I never heard of it. I have seen thousands of them, and their existence is our shame and degradation.” [646]

Further it goes without saying that a marriage entered into for reasons of self-interest is demoralizing.

Although the above consequences of marriage must be mentioned, that our discussion may be as complete as possible, and although they may have a certain importance for the etiology of crime, yet their influence is not very great. There are causes of criminality much more important, which may put those that have been named entirely in the shade. [647]

Before taking up the criminal consequences of the family, I am of the opinion that this is the best place to fix our attention for a moment upon the criminality of women. In treating above of the origin of marriage as it exists today, we have at the same time spoken of the social position of woman.

d. The criminality of women. In order to give an idea of its extent and nature we must begin with some statistics.

Germany, 1886–1895. [648]

=======================================+================================= |To 100,000 Persons Over 12 of the | Same Sex, There was an Average Crimes. | Number of Persons Sentenced of: +----------------+---------------- | Men. | Women. ---------------------------------------+----------------+---------------- Simple theft | 352.49 | 132.25 Aggravated theft | 57.95 | 7.19 Embezzlement | 80.97 | 18.25 Robbery and extortion | 2.44 | 0.10 Receiving stolen goods | 28.21 | 16.33 Fraud | 88.06 | 19.50 Forgery | 18.78 | 3.75 Perjury | 6.83 | 2.31 Threats | 46.36 | 2.65 Procuration | 5.21 | 7.23 Rape, etc. | 20.63 | 0.15 Insults | 204.32 | 69.52 Domiciliary trespass | 90.38 | 12.25 Malicious mischief | 80.37 | 4.85 Arson | 2.43 | 0.54 Violence and threats against officials | 77.45 | 5.90 Minor assaults | 118.30 | 12.71 Serious assaults | 256.86 | 25.99 Murder | 0.56 | 0.13 Homicide | 0.75 | 0.15 Crimes in general | 1847.03 | 380.42 =======================================+================+================

This table shows that women have a general criminality from 4 to 5 times less than that of men. The figure for women exceeds that for men in the case of one crime only, procuration; for the others it is smaller, and for some very small (e.g. assaults, assassination, etc.). The following table gives an idea still clearer and more detailed.

Germany, 1896. [649]

============================================+====================+=============== | Number of Persons | |Convicted to 100,000| Number of Crimes. | of Same Sex. |Women Convicted +---------+----------+ to Each 100 | Men. | Women. | Men Convicted. --------------------------------------------+---------+----------+--------------- Abandonment of children | 0.02 | 0.1 | 800.0 Abortion | 0.4 | 1.7 | 437.3 Procuration | 6.0 | 9.2 | 167.7 Receiving stolen goods (repeated recidivism)| 0.07 | 0.1 | 158.3 ,, ,, ,, (simple) | 26.5 | 13.1 | 53.9 Simple theft | 274.6 | 100.8 | 40.1 Perjury | 3.1 | 1.2 | 38.7 Insults | 223.7 | 76.5 | 34.2 Simple theft (repeated recidivism) | 51.7 | 14.4 | 30.5 Homicide | 0.5 | 0.1 | 22.0 Arson | 2.2 | 0.5 | 21.8 Embezzlement | 85.6 | 17.6 | 20.6 Fraud | 101.7 | 20.4 | 20.1 Crimes in general | 2177.07 | 388.9 | 17.9 Extortion | 3.0 | 0.4 | 14.3 Aggravated theft | 45.0 | 5.6 | 13.5 Domiciliary trespass | 103.8 | 12.3 | 11.8 Minor assaults | 138.3 | 15.4 | 11.1 Aggravated theft (repeated recidivism) | 14.4 | 1.2 | 9.1 Serious assaults | 448.4 | 32.8 | 7.3 Violence, etc. against officials | 88.3 | 5.6 | 6.3 Violence and threats | 60.7 | 3.6 | 5.9 Malicious mischief | 93.6 | 5.4 | 5.8 Robbery | 2.4 | 0.07 | 2.9 Crimes against morals upon children | 25.3 | 0.2 | 0.7 ============================================+=========+==========+===============

The country upon which we are about to fix our attention is:

England and Wales, 1893–1900. [650]

======+======================================================= | Number of Women to the 100 Persons Sentenced for: Years.+-----------------------------+------------------------- |Offenses tried on Indictment.|Offenses tried Summarily. ------+-----------------------------+------------------------- 1893 | 13.07 | 23.39 1894 | 12.95 | 23.50 1895 | 13.26 | 23.94 1896 | 11.75 | 23.58 1897 | 12.00 | 23.99 1898 | 11.82 | 23.66 1899 | 11.70 | 23.89 1900 | 11.51 | 24.67 ======+=============================+=========================

When we examine this table, as well as the one that follows, it must be noted that the women constitute more than half of the population (51.5% according to the census of 1901). [651]

The following table shows the relative proportion for the more important groups of offenses:

England and Wales, 1893–1894. [652]

==========================================+========================= | Number of Women to | 100 Persons Sentenced. Crimes. +-------------+----------- | 1893. | 1894. ------------------------------------------+-------------+----------- Abortion and failure to report birth | 91 | 86 Kidnapping and cruelty to children | 70 | 57 Counterfeiting, etc. | 18 | 21 Malicious mischief | 15 | 20 Crimes against property without violence | 19 | 19 Other crimes | 16 | 16 Crimes of violence against persons | 11 | 13 Robbery and extortion | 10 | 11 Forgery | 9 | 8 Domiciliary trespass, etc. | 3 | 4 Sexual crimes | 4 | 3 ==========================================+=============+===========

These statistics show, then, that in England also the criminality of women is not as great as that of men. However there is great divergence in the crimes taken separately.

Austria, 1899. [653]

============================+========================== | Of 100 Convicted of Each | Crime there were: Crimes. +------------+------------- | Men. | Women. ----------------------------+------------+------------- Abandonment of children | 7.1 | 92.8 Abortion | 10.7 | 89.2 Murder | 69.6 | 30.3 Fraud | 79.1 | 20.8 Theft | 80.4 | 19.5 Defamation | 80.9 | 19.0 Arson | 85.2 | 14.7 Crimes in general | 86.1 | 13.9 Rebellion | 89.5 | 10.4 Leze-majesty | 91.6 | 8.3 Criminal breach of trust | 93.4 | 6.5 Crime against religion | 94.8 | 5.1 Robbery | 95.1 | 4.8 Serious assaults | 95.8 | 4.1 Sexual crime | 96.7 | 3.2 Malicious mischief | 96.8 | 3.1 Homicide | 97.3 | 2.6 Blackmail | 97.4 | 2.5 ============================+============+=============

In connection with this table we must note that, according to the census of 1890, 51.6% of the population over 14 are women.

France, 1881–1900 (Persons accused). [654]

=========================+================+================+================+================
| 1881-1885. | 1886-1890. | 1891-1895. | 1896-1900.
+-----------+----+-----------+----+-----------+----+-----------+----
| Average | | Average | | Average | | Average |
| Annual | % | Annual | % | Annual | % | Annual | %
| Number. | | Number. | | Number. | | Number. |
-------------------------+-----------+----+-----------+----+-----------+----+-----------+----
Before the Assizes: | | | | | | | |
Men | 3,767 | 86 | 3,589 | 85 | 3,389 | 84 | 2,900 | 85
Women | 615 | 14 | 646 | 15 | 631 | 16 | 500 | 15
-------------------------+-----------+----+-----------+----+-----------+----+-----------+----
Before the Correctional | | | | | | | |
Tribunals: | | | | | | | |
Men | 162,573 | 86 | 172,162 | 86 | 179,194 | 86 | 165,586 | 86
Women | 26,330 | 14 | 27,719 | 14 | 29,992 | 14 | 28,049 | 14
=========================+===========+====+===========+====+===========+====+===========+====

As the two following tables show, the part which women take in different crimes varies greatly, as in the countries cited above.

France, 1900 (Assizes). [655]

===============================================+============================= | To 100 Accused there where: Crimes. +--------------+-------------- | Men. | Women. -----------------------------------------------+--------------+-------------- Infanticide | 5 | 95 Abortion | 12 | 88 Domestic theft | 82 | 18 Murder | 84 | 16 Fraudulent bankruptcy | 84 | 16 Arson | 84 | 16 Counterfeiting | 85 | 15 Serious assault | 86 | 14 Crimes in general | 86 | 14 Homicide | 90 | 10 Other aggravated thefts | 91 | 9 Parricide | 92 | 8 Forgery | 92 | 8 Concealment or false attribution of parentage | 93 | 7 Rape and indecent assault upon children | 98 | 2 Breach of trust | 98 | 2 Theft with violence | 98 | 2 ===============================================+==============+==============

For the correctional tribunals the figures are as follows:

France, 1900 (Correctional Tribunals). [656]

================================+====================================== | To 100 Persons Arraigned there were: Offenses. +------------------+------------------- | Men. | Women. --------------------------------+------------------+------------------- Concealment of parentage | 5 | 95 Offenses against chastity | 29 | 71 Adultery | 50 | 50 Defamation and insult | 75 | 25 Theft | 80 | 20 Fraud | 83 | 17 Offenses against public decency | 85 | 15 All offenses | 87 | 13 Criminal breach of trust | 88 | 12 Assaults | 89 | 11 Mendicity | 89 | 11 Domiciliary trespass | 91 | 9 Rebellion | 92 | 8 Vagrancy | 95 | 5 ================================+==================+===================

It is only in some few crimes that women play a larger part than men (infanticide, abortion, concealment of parentage, offenses against chastity—including procuration); in all others they play a smaller part, and in some cases much smaller, than the men.

We turn now to Italy:

Italy, 1884–1895. [657]

=======+=========================================================================== | Number of Women Convicted. +-----------------+-----------------+-----------------+--------------------- Years. | Justices of the | Correctional | Assizes. | Total. | Peace. | Tribunals. | | +---------+-------+---------+-------+---------+-------+------------+-------- | Number. | % | Number. | % | Number. | % | Number. | % -------+---------+-------+---------+-------+---------+-------+------------+-------- 1884 | 46,683 | 18.31 | -- | -- | 304 | 6.00 | -- | -- 1885 | 48,063 | 17.58 | -- | -- | 304 | 5.91 | -- | -- 1886 | 51,199 | 18.23 | -- | -- | 297 | 6.38 | -- | -- 1887 | 45,598 | 17.58 | 4,690 | 9.30 | 265 | 5.11 | 50,553 | 16.05 1888 | 49,125 | 17.38 | 4,482 | 8.56 | 290 | 5.81 | 53,897 | 15.86 1889 | 53,690 | 18.38 | 4,910 | 9.08 | 272 | 5.68 | 58,872[658]| 16.78 1890 | -- | -- | -- | -- | -- | -- | 23,984 | 18.29 1891 | | | | | | | 26,182 | 18.23 1892 | | | | | | | 25,638 | 17.21 1893 | | | | | | | 22,959 | 16.21 1894 | | | | | | | 26,274 | 17.34 1895 | | | | | | | 28,502 | 16.96 =======+=========+=======+=========+=======+=========+=======+============+========

The following table shows us to what extent the women are guilty of the different crimes:

Italy, 1891–1895. [659]

======================================================+========================== | To 100 Sentenced for | Each Offense there were: Offenses. +------------+------------- | Men. | Women. ------------------------------------------------------+------------+------------- Infanticide | 7.70 | 92.30 Procuration | 19.11 | 80.89 Abortion | 21.65 | 78.35 Defamation | 53.70 | 46.30 Insults | 54.78 | 45.22 Offenses against morals and order of the family | 58.27 | 41.73 Abandonment of children, abuse of means of correction | 62.85 | 37.15 Simple theft | 75.63 | 24.37 Fraud in commerce and industry | 79.46 | 20.54 Offenses in general | 82.81 | 17.19 Minor assaults | 83.32 | 16.68 Corruption of minors and offenses against decency | 84.80 | 15.20 Fraud, etc. | 85.74 | 14.26 Aggravated theft | 88.77 | 11.23 Threats | 90.68 | 9.32 Rebellion and insults to public officials | 90.95 | 9.05 Forgery | 92.49 | 7.51 Serious assaults | 93.61 | 6.39 Murder | 93.91 | 6.09 Counterfeit money | 95.02 | 4.98 Homicide | 96.74 | 3.26 Offenses against public order | 97.70 | 2.30 Robbery, etc. | 97.77 | 2.23 Rape, etc. | 99.04 | 0.96 ======================================================+============+=============

According to the census of 1901 the population over 9 years old consisted of 49.4% men and 50.6% women. [660]

Finally some figures for the Netherlands:

Netherlands, 1896–1900. [661]

========+====================================
| Number Sentenced.
+-----------------+------------------
Years. | Men. | Women.
+----------+------+----------+-------
| Number. | % | Number. | %
--------+----------+------+----------+-------
1896 | 13,964 | 89.6 | 1,625 | 10.4
1897 | 14,483 | 90.0 | 1,613 | 10.0
1898 | 14,018 | 89.5 | 1,646 | 10.5
1899 | 13,928 | 90.5 | 1,463 | 9.5
1900 | 13,234 | 91.3 | 1,254 | 8.7
========+==========+======+==========+=======

Women participate in the different crimes in the following proportions:

Netherlands, 1901. [662]

================================================+============================== | To 100 Sentenced there were: Crimes. +--------------+--------------- | Men. | Women. ------------------------------------------------+--------------+--------------- Debauch of a minor (as principal or accessory) | 6.2 | 93.8 Simple insults | 64.9 | 35.1 Simple theft | 79.0 | 21.0 Fraud | 80.0 | 20.0 Offenses against public decency | 81.8 | 18.2 Homicide | 89.5 | 10.5 Aggravated theft | 90.5 | 9.5 Embezzlement | 91.1 | 8.9 Receiving stolen goods | 91.8 | 8.2 Forgery | 92.1 | 7.9 Assault | 93.5 | 6.5 Serious assault | 94.7 | 5.3 Malicious mischief | 95.5 | 4.5 Mendicity and vagrancy | 96.5 | 3.5 Assaults upon officials | 97.3 | 2.7 Domiciliary trespass | 98.1 | 1.9 Rebellion | 98.7 | 1.3 ================================================+==============+===============

The whole population being divided in 1901 into 50.5% women and 49.5% men, the figures given above make the criminality of woman appear a little greater than it really is.

Here, then, are the facts, which may be reduced to this, that in all the countries named the criminality of women is much less than that of men. However, it is greater than we should suppose from the figures, since almost all the figures (except those for France) have to do with persons convicted, and acquittal is much more common in the case of women than in that of men. We have already given the figures for Germany in regard to this matter. In England the percentage of convictions is 82% for men and 79% for women. [663]

In France the differences are still greater:

France, 1881–1890 (Assizes). [664]

=======+=================================================== | Percentage of Acquittals. Sex. +------------+------------+------------+------------ | 1881-1885. | 1886-1890. | 1891-1895. | 1896-1900. -------+------------+------------+------------+------------ Men | 25 | 25 | 26 | 28 Women | 45 | 47 | 50 | 52 =======+============+============+============+============

1896–1900 (Correctional Tribunals). [665]

=======+================================================ | Percentage of Acquittals to Each Age-category. Sex. +---------------+---------------+---------------- | Under 16. | 16 to 21. | Over 21. -------+---------------+---------------+---------------- Men | 57 | 6 | 5 Women | 58 | 9 | 7 =======+===============+===============+================

These figures lead to the presumption that in other countries also women are more apt to be acquitted than men.

Other reasons why the criminality of women seems smaller than it really is are the following: As is shown by the statistics cited, the offenses of which women are most often guilty, are also those which it is most difficult to discover, namely those committed without violence. Then, those who have been injured are less likely to bring a complaint against a woman than against a man. [666] But even when we take account of all these things, the criminality of women remains much smaller than that of men. This may be explained as follows:

First. An examination of the tables shows that women participate less in the crimes which require strength or courage. The first cause is to be found in the fact, then, that the average woman of our time has less strength and courage than the average man, and consequently commits on the average fewer crimes than he.

Second. It is clear that women take small part in sexual crimes (for procuration is not a sexual crime but an economic one), which is to be explained by the fact that most sexual crimes cannot, from their nature, be committed by women. Another reason is that the rôle of women in the sexual life (and thus in the criminal sexual life) is rather passive than active.

Third. The small part played by women in economic crimes committed because of poverty or even of greed, is explained by prostitution, which generally yields greater and more certain returns than crime, and avoids the risk of prison.

Fourth. A comparison of the criminal statistics of different countries has not much value for the different reasons already given (Pt. I, Ch. II, sec. XIX). Only when the figures are very different may one draw a conclusion from them. A comparison of the tables brings out the fact that the criminality of women does not differ much in the countries named. However, when we fix our attention upon the crimes and misdemeanors more or less grave in the Italian statistics (assizes and correctional tribunals) we discover that there is a considerable difference between England, for example, on the one side, and Italy on the other. While the former country shows about 12% (offenses tried on indictment) and 23% (offenses tried summarily) of women among those convicted, the figures are 5 to 6% (assizes) and about 9% (corr. trib.) in the latter country. This difference shows that the direction in which the principal reason for woman’s small part in crime must be sought, is in her social position. This differs less from that of the man in England than in Italy. However, there are figures much more significant than those I have just cited. Between 1893 and 1899 the percentage of convicts in prison in Scotland was between 36 and 37. [667] In Denmark from 1876 to 1885 about 26% of the convicts were women. [668] It is an incontestable fact that Denmark and Scotland are countries where the social position of women approaches most closely that of men. Let us set in opposition to this now a country like Algeria where the life of woman is entirely different. It appears that there between 1881 and 1900 3% of those arraigned before the assizes were women, and 4% of those arraigned before the correctional tribunals. [669]

An examination of the criminality of women in the different parts of the same country, Germany for example, shows that the highest figures for female criminality are furnished by the great cities and the countries most developed economically.

Germany, 1897–1898. [670]

=============================+========================================= | Percentage of Women among the Convicts. Cities or Countries. +--------------------+-------------------- | 1897. | 1898. -----------------------------+--------------------+-------------------- Berlin | 27.8 | 27.6 Hamburg | 24.7 | 25.3 Saxony | 22.0 | 21.7 Prussia | 21.8 | 21.5 Germany as a whole | 20.6 | 20.3 Bavaria | 18.6 | 18.6 Alsace-Lorraine | 17.3 | 18.1 Wurtemberg | 16.7 | 15.8 Hesse | 15.2 | 14.4 Baden | 13.8 | 12.1 =============================+====================+====================

As regards England, Morrison says that of misdemeanors 25% are committed by women in London (Metropolitan Police District), and 33% in Manchester; while women commit only 10% of the misdemeanors in Surrey, and about 14% in Lancashire. [671] The high percentages come then in the places where the social position of woman is most nearly equal to that of man.

Dr. H. Hoegel gives the following table for Austria. As the author says it proves that the country where the woman takes the greatest part in the economic life gives the highest figures for female criminality.

As to the movement of the criminality of women the data that I have given, and others that I have at my disposal, are not significant enough to lead to a definite conclusion. In England it has been made out that there is a small diminution of serious crimes and a slight increase of minor offenses, though the period of observation is very short. Between 1881 and 1900 the relative criminality of men and women remained constant. In Italy there was between 1890 and 1895 a slight increase in the absolute number, and a slight, but fluctuating, diminution in the relative number. In the Netherlands the proportions remained pretty constant from 1896 to 1901.

Austria, 1889–1893. [672]

======================+====================================+======================= | Number of Women to | Number of Convictions Country. +--------------------+---------------+ for Crime to 10,000 | 100 of Population. | 100 Convicts. | of Population. ----------------------+--------------------+---------------+----------------------- Moravia | 52.5 | 18.0 | 15.9 Silesia | 52.5 | 17.8 | 17.8 Salzburg | 50.9 | 17.6 | 17.6 Bohemia | 52.0 | 17.2 | 8.9 Lower Austria | 51.4 | 16.7 | 14.1 Upper Austria | 50.9 | 16.1 | 13.9 Austria | 51.4 | 14.9 | 12.6 Carinthia | 51.6 | 14.7 | 18.5 Galicia | 51.0 | 13.7 | 13.7-10.4[673] Tyrol and Vorarlberg | 51.4 | 13.5 | 10.5-12.0[674] Styria | 50.7 | 12.9 | 17.3 Bukowina | 50.0 | 11.8 | 13.3 Littoral of Trieste | 50.2 | 8.8 | 14.2 Carniola | 52.5 | 7.5 | 19.5 Dalmatia | 50.0 | 6.8 | 13.9 ======================+====================+===============+=======================

The following are the figures for Germany and Austria:

Germany, 1888–1900. [675]

=======+=================================+================= | Number Convicted. | Number of Years. +---------------------------------+ Women Convicted | To the 100,000 | To the 100,000 | to Each 100 Men | Men over 12. | Women over 12. | Convicted. -------+----------------+----------------+----------------- 1888 | 1,821.7 | 358.0 | 19.7 1894 | 2,164.3 | 374.9 | 18.7 1896 | 2,177.7 | 388.9 | 17.9 1898 | -- | -- | 19.5 1900 | -- | -- | 19.3 =======+================+================+=================

There was, then, an increase in the criminality of women, but a smaller increase than that of men (except in 1898).

Austria, 1881–1899. [676]

Percentage of Persons Convicted who were Women.

===========+============+============+=======+=======+=======+====== 1881-1885. | 1886-1890. | 1891-1895. | 1896. | 1897. | 1898. | 1899. -----------+------------+------------+-------+-------+-------+------ 14.8 | 14.6 | 14.7 | 14.1 | 14.4 | 13.5 | 13.9 ===========+============+============+=======+=======+=======+======

Here, then, there was a slight but fluctuating diminution in the criminality of women in proportion to that of men.

It must be conceded that the figures given do not contribute much to the support of the thesis that it is especially the social position of women which is the cause of their being less criminal. This position has been modified during the years to which the figures given refer. Women participate much more than formerly in the whole economic and social life. One would accordingly naturally look for a great increase in the criminality of women. Nevertheless these figures cannot, it seems to me, be used to refute the thesis in question, for the following reasons:

In the first place the figures given cover a short period only. They do not show very much, therefore; for, notwithstanding the continual increase of the importance of the rôle of woman in the economic life, the modification of her position in the whole social life is not made so quickly that one can expect much of an increase in female criminality in the criminal statistics of the last few years. [677]

In the second place, most of the figures give the ratio of the crimes of women to those of men; they do not then show whether the decrease in the percentage is due to a decrease in the criminality of women, or rather to an increase in that of men. This latter is the case, for example, in Germany. [678]

In the third place the statistics at my disposal are not sufficiently detailed with regard to the movement of the criminality of women, so that it is impossible to tell whether there are changes in the qualitative character of the crimes even though its quantitative character remains about the same. [679]

A very conclusive proof of the thesis that the social position of woman is what explains her lower criminality, is as follows. The difference in the manner of life of the two sexes decreases as we descend the social scale. If the social position of woman is then an important determinant of her lower criminality, the figures ought to show that the criminality of men differs more from that of women in the well-to-do classes than in classes less privileged. Now the figures already given (pp. 482 ff.) upon the intellectual development of criminals confirm our hypothesis completely. Just so the tables upon the financial situation of criminals (see pp. 493, 494); in Austria, for example, 0.2% of the women convicted in 1899 came from the well-to-do classes, and 0.4% of the men. There were no well-to-do women at all among those convicted of the graver crimes. Just so again, in the table of Prussian recidivists the women form 4% of the well-to-do convicts and 14% of the poor convicts.