The Origins of Criminology

A Reader

Nicole H. Rafter

• Publisher: Routledge-Cavendish
• Year: 2009
• ISBN:
  9781135198534
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

The Origins of Criminology: A Reader is a collection of nineteenth-century texts from the key originators of the practice of criminology – selected, introduced, and with commentaries by the leading scholar in this area, Nicole Rafter.

This book presents criminology as a unique field of study that took root in a context in which urbanization, immigration, and industrialization changed the class structure of Western nations. As relatively homogenous communities became more sharply divided and aware of a bottom-most group, the 'dangerous classes', a new segment of the middle class emerged: professionals involved in the work of social control. Tracing the intellectual origins of criminology to physiognomy, phrenology, and evolutionary theories, this book demonstrates criminology's background in new attitudes toward science and the development of scientific methodologies applicable to social and mental phenomena. Through an expert selection of original texts, it traces the emergence of 'criminology' as a new field purporting to produce scientific knowledge about crime and criminals.

Part I
Eighteenth-century predecessors

Eighteenth-century predecessors

Introduction to Part I

Every science has its predecessors. Although this is a book about the nineteenth-century origins of scientific criminology, those origins grew in soil of their own, the rich loam of late eighteenth-century speculations about the nature of criminality on the one hand, and the nature of science on the other. The three extracts in this section represent three facets of that speculative background: popular narratives about criminals; legal debates about crime prevention; and efforts to create a science of man.

On both sides of the Atlantic, popular criminology in the late eighteenth century consisted of ballads, sermons, news accounts, and gallows narratives such as The Life, and Dying Speech of Arthur, a Negro Man, Executed for a Rape (1768) (Chapter 1). These popular discourses on crime—narratives produced for and consumed by the general public—were that period’s equivalents of today’s crime films, police television series, Internet crime news stories, and crime novels; they made no claims for scientific status, but rather fed a public hunger for commonsense explanations of actual and fictional crimes.

Legal debates about crime repression and prevention were commonplace in the late eighteenth century as social planners worked to create rational and fair bases for democratic criminal-justice systems to replace those of fallen or falling monarchies. Of all the results of these debates, the most famous was On Crimes and Punishments (1764), Cesare Beccaria’s argument for preventing crimes through deterrence. Even though Beccaria focused on punishment rather than theories about the causes of crime, a criminological theory, based on the philosophy of utilitarianism, lies at the heart of his work, which assumes that man—a rational being—will choose whatever is in his best interest, be it illegal gain or the avoidance of punishment. If punishment is swift, certain, and fair (proportional to the offense), criminals will be deterred and crime will diminish.

The late eighteenth century also saw the beginning of efforts to apply scientific methods to the study of human behavior—efforts that eventually led to the development of anthropology, psychology, sociology, and (a little later) criminology. Some of the first steps toward a science of man were taken by the Swiss physiognomist Johann Kaspar Lavater (Chapter 3), who tried to work out a science of human behavior (including law-breaking) based on facial expressions.

These late eighteenth-century discourses on the meaning and nature of criminality helped to create the background against which scientific criminology emerged in the following century.

Chapter 1
The life, and dying speech of Arthur, a Negro man, executed for a rape, 1768

The Life, and Dying Speech of Arthur, a one-page broadside issued in Boston following a 1768 hanging in Worcester, Mass., offers a sensational and moralistic tale of a criminal career, referring only incidentally and formulaically to the causes of crime. It conforms to the pattern of other American crime narratives of its day, especially those featuring a black culprit, in which a servant or slave violates the trust of a benevolent master.¹ In this particular case, the slave Arthur (1747–68) goes on crime sprees of epic proportions which come to include the rape of a white woman. Mrs. Metcalfe, reluctant to see Arthur hanged, settles for financial compensation, freeing Arthur to commit a host of additional offenses for which the authorities eventually sentence him to death. However, in keeping with a late eighteenth-century trend to sensationalize crime and, in the case of black men, to elaborate the figure of the black rapist, the broadside’s title misrepresents Arthur’s conviction offense as rape alone. Like other confessional narratives of the time, this one concludes with repentance and recognition of the justice of the law.

Arthur’s tale, recorded and shaped by the officiating minister, identifies three causes of crime: drinking, fornicating, and rebellion against the white master. Indirectly, it hints that colonial constables, like today’s police officials, occasionally cleared their books by attributing a host of unsolved crimes to a single malefactor: Arthur seems to confess to more crimes than he could possibly have committed in his brief lifetime, but his enumerations enable the authorities to “solve” and shut the books on these offenses.

The full text, titled The Life, and Dying Speech of Arthur, a Negro Man; Who was Executed at Worcester, October 20, 1768. For a Rape committed on the Body of one Deborah Metcalfe, is available at http://docsouth.unc.edu/neh/arthur/arthur.html

THE LIFE, AND DYING SPEECH OF ARTHUR, A NEGRO MAN, EXECUTED FOR A RAPE

I was born at Taunton, January 15, 1747, in the house of Richard Godfrey, Esq., my Mother being his Slave, where I lived fourteen Years; was learned to read and write, and was treated very kindly by my Master; but was so unhappy as often to incur the Displeasure of my Mistress, which caused me then to run away: And this was the beginning of my many notorious Crimes, of which I have been guilty. I went first to Sandwich, where I lived two Months in a very dissolute Manner, frequently being guilty of Drunkenness and Fornication; for which crimes I have been since famous, and by which I am now brought to this untimely Death.

At Sandwich, I stole a Shirt, was detected, and settled the Affair, by paying twenty Shillings. My Character being now known, I thought proper to leave the Place; and accordingly shipped myself on board a Whaling Sloop, with Capt. Coffin, of Nantucket: We were out eight Months, and then returned to Nantucket, from whence we sailed, where I tarried six Weeks. In which Time I broke a Store of Mr. Roach’s, from which I stole a Quantity of Rum, a pair of Trowsers, a Jacket, and some Callicoe—The next Day I got drunk, and by wearing the Jacket, was detected, for which Offence I was whip’d with fifteen Stripes, and committed to Goal [jail—N.R.], for the Payment of Cost, &c. from whence I escaped in half an Hour, by breaking the Lock. Being now hardened in my Wickedness, I the next Night broke another Store in the same Place, from which I took several Articles, and then shipped my self on board a Vessel bound to Swanzey, where I was discovered, taken on Shoar, and whip’d sixteen Stripes; being then set at Liberty, I returned to Taunton, after one Year’s absence, where my Master received me kindly, whom I served three Years….

In the mean Time, my Master being sent for, once more took me home, where I had not three Weeks, before another Negro of my Master’s told me that the young Squaw, so often mentioned, was desirous of seeing me. I one Night, after having stole some Rum from my Master, got pretty handsomely drunk, took one of his Horses, and made the best of my way to her usual Place of Abode; but she not being at home, the Devil put it into my Head to pay a Visit to the Widow Deborah Metcalfe, whom I, in a most inhumane manner, ravished: The Particulars of which are so notorious, that it is needless for me here to relate them. The next Morning the unhappy Woman came and acquainted my Master of it, who immediately tyed me, to prevent me running away, and told her (if she was desirous of prosecuting me) to get a Warrant as soon as possible; but she being unwilling to have me hanged, proposed making the Matter up for a Proper Consideration, provided my Master would send me out of the Country; to which he agreed, and accordingly set off with me for Albany….

At Weston we stole some Butter from off a Horse. At Waltham we broke into a House belonging to one Mr. Fisk, from whom we took a small Sum of Money, some Chocolate and Rum. At Watertown we stole a Brass Kettle from one Mrs. White of that Place. My Companions now left me; upon which I went to Mr. Fisk’s in Waltham, who knew me: And having heard of my Escape from Worcester Goal, immediately secured me, and with the Assistance of another Man, brought me back again, where on the 17th of September following, I was tryed and found guilty. Upon which, by the Advice of my Counsel, I prayed for the Benefit of the Clergy; which after a Year’s Consideration, the Court denied me: And accordingly I was, on the 24th of Sept. last, sentenced to be hanged, which I must confess is but too just a Reward for many notorious Crimes….

I earnestly desire that this Recital of my Crimes, and the ignominious Death to which my notorious Wickedness has bro’t me, may prove a Warning to all Persons who shall become acquainted therewith. But in a particular Manner, I would solemnly warn those of my Colour, as they regard their own souls, to avoid Desertion from their Masters, Drunkenness and Lewdness; which three Crimes was the Source from which have flowed the many Evils and Miseries of my short Life. Short indeed! For I am now at the Age of 21 Years only, just going to launch into a neverending Eternity….

Worcester Goal Oct. 18, 1768

Note

1 Richard Slotkin, “Narratives of Negro crime in New England, 1675–1800,” American Quarterly 25 (1) (March 1973): 3–31.

Chapter 2
Cesare Beccaria: Of the means of preventing crimes, 1764

The small volume On Crimes and Punishments by the Italian nobleman Cesare Beccaria (1738–94) proved to be one of the three or four most influential texts in the history of criminology. From one point of view, this is not a criminological text at all, but rather a treatise on the nature of law—on the legal changes that autocratic governments should make to reduce crimes. Nor does it attempt to analyze crime scientifically, as later theorists tried to. But implicit in Beccaria’s legal recommendations and in his philosophy of punishment is a theory about the nature of man and the causes of crime.

In Beccaria’s view, man is a rational being, capable of making self-interested choices. If the laws are clear, administered fairly, and punitive in proportion to crimes, no sensible person will break the law. Free men curb their selfish passions if they know the result will be punishment. Education, too, is crucial, for knowledgeable citizens will realize the benefits of conforming to law; and a wise ruler will reward virtue—another means of preventing crime. But above all, it is rationality in the criminal law, education, and giving men the opportunity to choose the right course that will reduce the number of offenses.

Appearing shortly before the French and American revolutions, Beccaria’s short tract fundamentally shaped concepts of crime and justice in the new republics. The following text is excerpted from Chapters 41, 42, 44, and 45 of the first American edition: Cesare Beccaria, On Crimes and Punishments (Philadelphia: R. Bell, 1778).

CESARE BECCARIA: OF THE MEANS OF PREVENTING CRIMES

Would you prevent crimes? Let the laws be clear and simple, let the entire force of the nation be united in their defence, let them be intended rather to favour every individual than any particular classes of men, let the laws be feared, and the laws only. The fear of the laws is salutary, but the fear of men is a fruitful and fatal source of crimes. Men enslaved are more voluptuous, more debauched, and more cruel than those who are in a state of freedom. These study the sciences, the interest of nations, have great objects before their eyes, and imitate them; but those, whose views are confined to the present moment, endeavour, amidst the distraction of riot and debauchery, to forget their situation; accustomed to the uncertainty of all events, for the laws determine none, the consequences of their crimes come problematical, which gives an additional force to the strength of their passions….

Would you prevent crimes? Let liberty be attended with knowledge. As knowledge extends, the disadvantages which attend it diminish and the advantages increase. A daring impostor, who is always a man of some genius, is adored by the ignorant populace, and despised by men of understanding. Knowledge facilitates the comparison of objects, by showing them in different points of view. When the clouds of ignorance are dispelled by the radiance of knowledge, authority trembles, but the force of the laws remains movable. Men of enlightened understanding must necessarily approve those useful conventions which are the foundation of public safety; they compare with the highest satisfaction, the inconsiderable portion of liberty of which they are deprived with the sum total sacrificed by others for their security; observing that they have only given up the pernicious liberty of injuring their fellow-creatures, they bless the throne, and the laws upon which it is established….

Yet another method of preventing crimes is, to reward virtue….

Finally, the most certain method of preventing crimes is, to perfect the system of education…. This chiefly consists in … leading the pupil to virtue by the easy road of sentiment, and in withholding him from evil by the infallible power of necessary inconveniences, rather than by command, which only obtains a counterfeit and momentary obedience.

Chapter 3
Johann Kaspar Lavater: On physiognomy, 1789

The science of physiognomy aimed at reading character and other psychological traits from outer physical signs, especially those of the face. Although it had ancient roots, physiognomy was not codified and systematized until the late eighteenth century, when the Swiss poet and cleric Johann Kaspar Lavater published his Essays on Physiognomy. Lavater (1741–1801) did not focus specifically on criminality, but his analysis of facial features associated aspects of appearance with crime and other forms of negative behavior. He was thus one of the first scholars to attempt to apply science to the understanding of deviant behavior.

This excerpt comes from Lavater’s Essays on Physiognomy (London: Printed for G. G. J. and J. Robinson, 1789), pp. 14–19, 67–80, 204–5, and 229.

JOHANN KASPAR LAVATER: ON PHYSIOGNOMY

Although the physiological, intellectual, and moral life of man, with all their subordinate powers, and their constituent parts, so eminently unite in one being; although these three kinds of life do not, like three distinct families, reside in separate parts, or stories of the body; but coexist in one point, and, by their combination, form one whole; yet is it plain that each of these powers of life has its peculiar station, where it more especially unfolds itself, and acts.

It is beyond contradiction evident that, though physiological or animal life displays itself through all the body, and especially through all the animal parts, yet does it act most conspicuously in the arm, from the shoulder to the ends of the fingers.

It is equally clear that intellectual life, or the powers of the understanding and the mind, make themselves most apparent in the circumference and form of the solid parts of the head; especially the forehead, though they will discover themselves, to an attentive and accurate eye, in every part and point of the human body, by the congeniality and harmony of the variou...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Acknowledgements
• Introduction
• PART I Eighteenth-century predecessors
• PART II Phrenology
• PART III Moral and mental insanity
• PART IV Evolution, degeneration, and heredity
• PART V The underclass and the underworld
• PART VI Criminal anthropology
• PART VII Habitual criminals and their identification
• PART VIII Eugenic criminology
• PART IX Criminal statistics
• PART X Sociological approaches to crime
• Bibliography