Journal of Criminal Law and Criminology Volume 22 Article 7 Issue 1 May

Spring 1931 Book Reviews

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Recommended Citation Book Reviews, 22 Am. Inst. Crim. L. & Criminology 125 (1931-1932)

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THORSTEN SELLIN [Ed.]

THE CRIMINAL. By Henry A. life upon the personalities of de- Geisert. xii+466 pp. B. Herder linquents and prisoners. Unfor- Book Company, St. Louis, 1930. tunately material of this type is not This volume is unusual because it prominent in Father Geisert's book. is written by a Roman Catholic In many ways the book might have priest who has had a long prison been written by a non Catholic lay- experience as a prison chaplain. It man. One feels that in his desire is published moreover with the ap- to write a book on the Criminal that proval of the author's ecclesiastical will appeal to the non-Catholic superiors. One would naturally ex- reader he has pushed into the back- pect therefore a rather new and in- ground the very things that are teresting study of delinquency and really of interest and that only a delinquents. Catholic prison chaplain could write Anyone who knows modern pris- about with authority and experi- ons realizes only too well how small ence. a role religious practices and in- Father Geisert has consulted 'a structions play in prison life. The long list of authorities and his bibli- average Protestant chaplain is either ography at the end of the book a sort of glorified social worker bears witness to his wide reading. who supervises the correspondence One misses, however, in his bibli- of the prisoners and arranges mov- ography all the contributions made ing pictures and other entertain- to Criminology by French and Ital- ments or who delivers every Sun- ian writers. Important contribu- day some sort of a so called in- tions such as the books of Professor spirational address that has very Ferri are not mentioned. few points of contact with the or- The introductory chapters on psy- dinary life of his hearers. The chology represent the psychology of Catholic chaplain functions in quite the average American diocesan a different way. It is not necessary Seminary. It is the psychology, if for him to define the religious faith one may so call it, of St. Thomas that he teaches for he knows that Aquinas and of the Scholastics. his Catholic prisoners accept the Father Geisert has apparently not faith as it stands even though they been touched by the modern scho- may be imperfectly instructed in it. lasticism of such an important center His work is largely the work of the of learning as Louvain and the Christian sacraments, the bringing Afcole Njo-Scholastique. Such criti- into the life of prisoners a source cisms, however, are unimportant. of objective and divine power and The section on the etiology of crime strength. So far as I know, no has an interesting part on the crim- book has ever been written that inal's view of the cause of the studies from a psychological view crime. The sections on the psy- point the results of the sacramental chology of crime, the pathology of BOOK REVIEWS

crime and characterology are less STELLT. By Hans von Hentig. satisfactory. The writer's own ex- vii + 291 pp. Carl Winter, perience forms a valuable basis for Heidelberg, 1930. a section on environment and I can This closely-printed volume is an especially commend chapter eight of exhaustive study of the whole sub- this section on newspapers. The ject of Appeal, etc., in criminal law. whole subject of religion is rele- The author is already favorably gated to a section of Part Three on known by his works on criminal Prophylaxis and is summed up in law, as well as his studies on Mac- twenty, short pages. chiavelli and Robespierre, The By religion the writer does not present volume, more Germanico, mean Catholic faith and practices, approaches its subject from the which is the one subject on which theoretic side; but it also abounds he is especially qualified to write. in practical descriptions on actual It does not interest us very greatly laws and proceedings. to hear that the golden rule is the A4 was to be expected, the Eng- foundation on which the decalogue lish law receives little attention- is built. One can hear the same the fundamental principle of that thing from a thousand Protestant law being that all revision of ju- chaplains on fifty-two Sundays of dicial errors ig a matter for the each year. individual- concerned and not, as in The chief value of the book lies the Civil Law, for the State. The in the case material that is scattered law in Germany is admirably treat- through it (e. g., in the.chapter on ed from a historical point of view; alcohol). This case material is while that of France receives ade- often illuminating. It is discourag- quate attention and Austria, Italy ing, however, to find in the chapter and Belgium are not neglected. on narcotics the old exploded con- But a very few of the many discus- cept that "narcotics cause 50% of sions can, in the limits of this short the crimes perpetrated." Moreov.er review, be so much as mentioned- no modern writer should speak of the following will suffice to indicate "drug fiends" and "dope fiends" any the treasures to be found in the more than he would speak of "alco- book. hol fiends" or "tuberculosis devils." In all countries, Common Law Father Geisert, however, has set as Civil Law, relief in one form or an example that other Roman Cath- another from judicial mistakes is olic prison chaplains might well fol- shown to have advanced materially low. There have been books enough in the course of time and, be it on delinquents written by Protestant said, the growth of the sentiment ministers. There are all 'too few of humanity. Even in the old Civil written by devoted Catholic priests. Law of Rome, with its didactic Res JOHN RATHBONE OLIVER. adjudicata pro veritate Iabetur and Baltimore, Md. the Ciceronian Status Reipublicae maxime judcats-rebus continetur, had a limited liceittia supplicandi; WIEDERAUFNAHMERECHT: DIE Wir- but its rigidity had to give way to DERAUFNAHmE DES STRAFVER- the absolutism of the French kings: FAHRENS DOGMATISCH UND in 1670, under Colbert, it was ex- RECHTSVERGLEICH END DARGE- pressly ordained that an appeal BOOK REVIEWS 12; could be taken against error of law tion; and Stiibel's dictum was that or of fact without restriction. The the death of a man left nothing for Constituent Assembly abolished ap- the application of the criminal law peal as well as pardon, cohsidering but the memory of his fellow citi- that the open, public, oral trial and zens. adjudication on sworn testimony Anyone who desires to see this was a sufficient guaranty of justice subject scientifically treated, the having been done. The shocking student of the history of law, will and well-known instance of an ad- do well to read this solid volume mittedly innocent man going to his with care-of couise, "there's no death on the wheel because of this money in it." abolition is not mentioned, but it WILLIAM RENWICK RIDDELL. is said that hard facts soon dis- Osgoode Hall, Toronto. pelled the illusion; and the Ordi-. nance of May 13, 1793, at least, partially, reinstated the means of relief. From time to time, spor- V TIORME. OCHERKI TIOREMMOI adically, reforms came in, the last PSI.CHOLOGII. (IN PRISON: Es- SAYS ON PRISON PSYCHOLOGY.) being July 19, 1917, on the motion By M. N. Hernett. 263 pp. Yo- of Paul Meunier determining the case of the incurably insane Jules ridicheskoe Isdatelstvo Ukrain, Durand. Leningrad, 1930. An interesting parallel is sug- In a series of brilliantly written gested with the Eriglish law in essays, the author describes the va- which the full right of appeal does rious aspects of prison psycho- not appear until 1903: the principle pathology as a result of his own came to complete life in Germany studies as well as numerous refer- in 1848, the annus mirabilis in more ences to literature dealing with the aspects than one in that land and subject. The material refers only to elsewhere. Russian and European prisons of The demand for full opportunity the pre-revolutionary period. The to have judicial errors corrected is whole book is a fiery denunciation seen to grow with the growth of of the jail as a penal measure, it publicity: in Roman as, in most in- corrects nobody and makes worse, stances, in German law, publicity many. of trials was considered a sound Although the author states that principle, while with people like the the present jails in Russia are de- English ever watchful over per- void of these defects, he does not sonal freedom, it was always in- describe the Russian penal institu- sisted upon- the newspaper, the tions. radio, increase the publicity and Talking about the sex life in jails, intensify the 'insistence upon this the author stresses the tremendous right. incidence of auto-erotism and homo- Such curious questions as the sexuality. There is an excellent de- right of the dead to justification or scription of the emotional life of his liability to condemnation are prisoners. The emotional starvation carefully considered: it will be re- appears very soon after the com- membered that in English law, the mitment, and the slightest affective dead has no right to complain-nor stimulus gives rise to a most ex- has anyone for him-of defama- plosive outburst of pent-up feelings. 128 BOOK REVIEWS

The prisoner looks for every oppor- papers read, as well as the discus- tunity to develop an emotional out- sion, were excellent. let, and esthetic experience becomes The opening paper on the nature one of the sources. The few clouds, and the systematics of biological the strip of the blue sky,.the grass types was read by Professor Gruhle in the yard, all become sources of of Heidelberg and turned out to be gratification for the prisoner. De- a challenge to the- whole program velopment of shallow sentimentality of the society. The speaker ana- is gained at the price of emotional lyzed typological research and callousness about most of the im- reached the conclusion that any at- portant things in life. tempt at a standardized classifica- The intellect in the jail becomes tion of criminals on a biological tremendously preoccupied with the basis is impossible. He assumed most fantastic plans of escape, and that certain psychological similari- there is a marked development of ties exist between some criminals day dreaming and a life of fantasy. but that these similarities are con- The other chapters of the book ditioned by social and not biological are devoted to the reaction of the factors. The pessimism which ran prisoner to the passing of time, the through the paper was opposed by reactions to night as well as the so- Professor Mezger of Marburg and cial life of the jail. One cannot but Dr. Weissenrieder of the Ludwigs- regret that the volume deals only burg prison in their papers on the with the emotions and feelings of "'Importance of Biological Person- the "intelligentsia" and does not- ality Types for the Administration deal with the reactions of the com- of Criminal Justice" and "Biological mon people of Russia to their pun- Types in Penal Treatment." The ishment. The bibliography is very discussion which immediately fol- complete. lowed these papers was opened by J. KASANIN, M. D. Professor Asschaffenburg who ap- by Boston Psychopathic Hospital. proached the position taken Gruhle. He explained himself as fully conscious of the significance of Kretschmer's typological research MITTEILUNGEN DER KRIMINALBIO- which has played such a large part LOGISCHEN GESELLSCHAFT. BAND in the development of the program II: TAGUNG IN DRESDEN IN of the society but he was doubtful OKTOBER, 1928. 216 pp. Ulr. about its usefulness in any prac- Mosers Verlag, Graz, 1929. M. tical program in penal treatment. 15. He advocated the indeterminate sen- This volume represents the pro- tence and suggested that the court ceedings of the second meeting of should leave to those executing the the criminal-biological society in penalty the work of classification Dresden in 1928. This society was and treatment of criminals. The founded a few years ago by Pro- discussion was continued by Dr. fessor Adolf Lenz, head of the Leppman who expressed himself as criminological institute of the Uni- particularly skeptical of the value versity of Graz, for the purpose of of hereditary research in an under- promoting research in "Criminal standing of criminal causation. Dr. biology." The sessions here dealt Bfirger reported that the Prussian with were well attended. The Ministry of Justice had already BOOK REVIEWS

established a central organization of parents and the size of the family. criminal-biology at the Berlin jail The economic factor in crime he and was planning another at Breslau. held to have been greatly overesti- Professor Exner stressed the need mated. In his own study he found for classification of criminals based that most of the recidivists had come on the demand for different types from homes where the economic of treatment. He furthermore conditions and the housing were emphasized the need for training of good. He claimed that in these judges and prosecutors in order to cases, however, the family life was better assist in the disposition of poor, strife being the order of the offenders. day, leading in many cases the Professor Carrara of Turin read father to drink or gambling. Many a paper on the methodology of the of the recidivists had passed through authropological examination of reformatories which had completed criminals, wherein he reviewed the the destructive work of bad homes. revival of the theories of criminal Furthermore, most of these men anthropology of Italian extraction, were from the unhealthful regions and suggested that the time had of the large cities. As to the type come to utilize the ontophylogenetic of crimes, he found theft most com- method in criminal anthropology. mon, although he occasionally found This he claimed would help to estab- a thief turrg into a murderer or a lish the relative frequency of cer- robber. Vagrancy was a common tain structural peculiarities ir offense in the early period of their normal men, and in degenerative criminal careers and he found as criminals and thus help to establish many as thirty or forty previous the character of the criminal type. convictions among those studied. Professor Michel presented a The life histories of these psycho- paper on "Psychopathic Recidivists" paths were very similar-lying, in- using as its basis a study of 400 stability and tendency to theft from serious criminals at the prison for members of the family, disciplinary men at Graz. Among these, 302 troubles in school, truancy, cruelty were recidivists at least twice and to animals, school retardation all of them felons. He claimed that through lack of desire for study and in 83% of these cases he discovered inability to obey rules, a poor work psychopathic inferiority. He de- record, with numerous jobs held for fined the psychopath as a person but short periods, and change of who "lacks psychic balance, the dwelling and work every two or normal coordination of psychic three months. During the post-war powers, full of contradictions, and period these men were parasites, unable to adjust himself to the so- pimps, beggars, petty smugglers, or cial environment and to the de- gamblers. An examination of war mands of others." He found these records showed that many of them individuals lacking in self-control, were volunteers, but out of 170 in conflict natures on the border line the service 90 deserted for motives between psychic health and disease. which indicated their psychic inade- "Their name is legion." He main- quacy. Many of them tried to se- tained that endogene factors were cure release through self-inflicted most important, and he cited in sup- injuries, while others were insubor- port various percentages concern- dinate or mutinied. The lack of ing the age and alcoholism of the space makes it impossible to con- 130 BOOK REVIEWS

tinue the very complete character- institute at Graz and in the Vienna ization given by the author. Police Department. There were also A paper by Judge Hellwig of papers read by Dr. Fetscher of Dres- Potsdam followed, entitled "Crim- den on the work of his research inal Biology and the Sentencing bureau, by Dr. Eichler on criminal- Process." The author pointed out biology in the light of legal philos- that the breakdown of the classical ophy, and finally an extremely in- school of law had made the task of teresting paper by Professor Krass- the judge much more difficult, but nuschkin of Moscow, reviewing the judges are still finding sentences first five years' work of the Moscow through emotional processes instead Bureau for Research into the Per- of through reason, with the result sonality of Criminals and into that definite patterns of sentencing Crime. are formed in the mind of the THORSTEN SELLIN. judge and applied regardless of the Bureau of Social Hygiene. individuality of the prisoner. Knowl- edge of the individual offender is needed for the proper work of the judge, and the law must take cog- LA COSTITUZIONE DELINQUENZIALE nizance of this fact. A better NELLA ETIOLOGIA E TERAPIA DEL method of selecting judges for the DELITTO. By B. Di Tidlio, 204 bench, the increase of judicial sal- pp., Anonima Romana Editori- aries, better working conditions, ale, Rome, 1929, 15 Lira. such as more vacations, protection He who first runs hastily through from an unscrupulous press, and this work is likely 'to assume that it better court libraries would undoubt- is an up-to-date restatement of the edly help to raise the standards of doctrines of Lombroso. The author the court. Finally the training for is justly proud of the role Italy has the bench must lie organized. We played in the development of crim- need better trained criminal lawyers, inal anthropolgy, and the early chap- more popular education in crime ters contain a brief review of the problems, better methods of select- outstanding contributions. He be- ing and training jurors. In the lieves that at last this science has future the author hopes that the reached the stage of integration and court will be composed of a pro- has become the study of the crim- fessional judge as chairman, with inal morphologically, functionally, two assessors, one a psychologist, psychically, and sociologically. The trained in criminal-biology, and one work under review is limited to a a sociologist who is also an edu- study of what the author calls the cator, and their work must, of "true criminal." He has excluded, course, be based on the indetermin- therefore, "occasional" and "politi- ate sentence. cal-social" offenders. The research In a paper on "Criminal Biology material is represented by the thou- and the Training of Officials," Dr. sands of prisoners which have Starke pleaded for the criminal- passed through his laboratories at biological training of prosecutors, the police institute and at the Regina judges, and wardens. Professor Coeli prison in Rome. To these Lenz and Police Director Brandl he has applied the methods evolved read papers on the methods of crim- in the last decade in the study of inal-biological study in use in the constitutional types. BOOK REVIEWS 131

As a result of the author's re- causation, he holds that a favorable search, he believes that he has found environment may permit an indi- the "specific factor" in criminality, vidual with a delinquent constitu- a "delinquent constitution." To him tion so to adjust himself to social the "true criminal" is "always the life that he never becomes anything product of a morbid or degenerative but a potential offender. When a heredity which acts on the germ delinquent comes into conflict with cells and especially in the foetal the laws, it is important that he be stage of the individual's develop- studied and recognized, so that his ment so that his personality becomes social danger may be estimated. defective and causes an imperfect Here the author distinctly invokes development of the morphological- the aid of the sociologist, for he physical-psychical attributes of the states that this danger can not be highest order which are of major estimated only by a somatic-psychic- importance for the socializing of al examination but must also be the individual." sought in biographical (case) study, The delinquent constitution ex- for it is in the criminal's infancy presses itself in more or less spe- and childhood, his home and school cific forms. One form corresponds life, his work and military records, rather closely to Lombroso's "born and his everyday contacts that his criminal," a regressive - atavistic true character has been revealed. type, produced by an inherited ab- In prescribing prophylactic and normal and degenerative biological therapeutic measures for the reduc- development, resulting in an indi- tion of crime he also relies on so- vidual who is incapable of enter- ciological measures, for while he taining high sentiments of justice, stresses the need for eugenics he is a normally deficient person gov- not prepared to advocate birth con- erned by base impulses originating trol. He is distinctly opposed to in the primitive substratum of the sterilization of the unfit, but is in- mind, the paleo-psyche. clined to feel the need of the regu- Another form is neuro-psycho- lation of marriage, although he is pathic in character and possesses a fully cognizant of its limited use- prevalence of epileptic neurasthenic fulness from a eugenic point of and, sometimes, hysterical anomalies. view. It is on social legislation, in The psychopathic composes a third the widest sense of the term, that rather decided form, and finally he places chief reliance. there are mixed forms which par- Significant from the point of view take of the nature of all or some of of treatment, is his contention that those already mentioned. the true criminal, even the re- While the biological view dom- gressive-atavistic type, is not incor- inates the author's approach to the rigible. He believes that he may study of crime, he nevertheless be made socially useful in some way places greater reliance on sociolog- if proper treatment and supervision ical data than one might expect. He is provided. In this work he as- firmly believes, like Lombroso, that signs only a limited place to penal an individual with a delinquent con- institutions. Chief stress must be stitution need not become a crim- laid on extra-penal measures from inal. While the factors in the so- popular education on the one hand cial environment and relationships to probation, parole, and a carefully have secondary importance in crime planned program of aiding dis- 132 BOOK REVIEWS

charged prisoners on the other. He summary graphs are given, one for is convinced that the police may be the state as a whole, and one each advantageously used in crime pre- for the twentylone most urban, the vention work, but he is opposed to twenty-one middle and the twenty- their use as probation officers, and one most rural counties. The author demands more rational methods of concludes that the crime rate is supervision, aided by modern social highest in urban and lowest in rural case work. counties, that the conviction rate Aside from its intrinsic value Dr. which includes all offenses fluctu- Di Tullio's book is important as it ates more than the sentence rate, is representative of present-day which includes only more serious Italian research in criminology. It offenses, and that both rates de- carries within itself ample evidence creased from 1898 to 1912, but have of the fact that the intellectual at- since increased, reaching the high- mosphere of a country dominates est peak in 1923-27. its inhabitants and gives impetus The value of this study is un- and direction to their labors, be they fortunately slight. The author has workers with the hand or with the not only failed to discuss the use- brain. fulness of these rates as crime in- THORSTEN SELLIN. dexes, but he has failed to interpret Bureau of Social Hygiene. the data he has presented. Further- more, only total conviction and sen- tence rates have been given and no CRIMINAL STATISTICS IN IowA. By analysis attempted of the nature and Charles N. Burrows. 112 pp. the distribution of the crimes The University, Iowa City, 1930. throughout the period. In some $1.00. (University of Iowa states such analysis would be im- Studies. Studies in the Social possible, but in Iowa detailed figures Sciences, vol. IX, No. 2.) have been published. An indication The author proposes to "present of the value and the imperative need of analysis and interpretation may an accurate and detailed description be realized of the criminal situation in Iowa when one considers, for instance, that out of 1229 copvic- throughout the history of the State. . The study begins with the tions in 1901, liquor offenses ac- counted for 95 year 1849 because that is the -first and automobile of- fenses for year in which criminal reports were one; in 1926, out of a made to the State by the counties, total of 3,427 convictions, the cor- responding and it closes with 1927 because that figures were 989 and 482. To the extent that .the year completes the five-year period study presents statistics which centering at 1925. . .. Attention would otherwise have to be secured is focused upon the amount of crime from inaccessible over the entire period for which annual reports, it has, criminal records have been kept, of course, a certain usefulness. • . . as indicated by the number T. S. of convictions and by the number of sentences to penal institutions" (p. 4), per 1000 population. A table A BIBLIOGRAPHY OF SOCIAL SUR- and a corresponding diagram are VEYS. By Allen Eaton in col- presented for each county and four laboration with Shelby M. Har- BOOK REVIEWS 133

rison. xlviii + 467 pp. Russell tin; Delinquent Children, Foster Sage Foundation, New York, home care, A. F. Whitman; Delin- 193G. $3.00. quent girls, Institutional care, C. de F. Penniman; Detention homes, H. SOCIAL WORK YEAR PooK, 1929. A. Dobbs; Domestic relations courts, Editor: Fred S. Hall. Asst. K. F. Lenroot; Juvenile courts and Editor: Mabel B. Ellis. 600 pp. probation, C. L. Chute; Legal aid, Russell Sage Foundation, New J. R. Bradway; York, 1930. $4.00. Parole for adults, C. Wilcox; Penal and reformatory The Russell Sage Foundation con- institutions, H. H. Hart; Police- tinues to miake social investigators women, IT. D. Pigeon; Prison labor, indebted to it for its valuable pub- E. S. Whitin; Prisoners' aid, F. E. lications. The two here under con- Lyon; and Psychiatric clinics for sideration are fully up to the stand- children, G. S. Stevenson. Each ard set by its previous work. The article is followed by a brief bibli- bibliography lists (Part I) general ography. social surveys, urban and rural; sur- T. S. veys in specialized fields of social investigation (Part II); publica- tions on purpose, method, and stand- SOCIOLOGIA CRIMINALE. By Enrico ards in surveys (Part III), and Ferr. 5th revised and amplified finally makesl a geographical 'classi- edition. 2 vols., xxiv + 552; fication (Part IV) of the material 612 in the first three parts. Under pp. Unione Tipografico-- Editrice Torinese, Turin, 1930. Crime and Criminals, Delinquency and Correction, Gangs, Juvenile De- Among the great animators of the linquency, Police, Prisons, Proba- science of criminology, Enrico Ferri tion and Parole, Prohibition, Pros- stands in the foremost rank. .For a titution, Psychiatric, Reformatories, period of half a century, as teacher, Sex Delinquency, etc., we find alto- author, practitioner at the bar, ed- gether references to about one hun- itor, and parliamentarian, he was dred and seventy studies. Even the acknowledged leader of the posi- though one notices omissions, the tivist school of criminal law, which bibliography is a valuable addition has so indelibly placed its stamp on to the bookshelf of the research the legal thought of the present. worker. His "Criminal Sociology" was trans- The Year Bobk is a new depart- lated into all the great languages ure, which it is hoped will be an and became in a sense the accepted annual event. It is in reality an textbook of modern criminology. It encyclopedia of social work as well was the American Institute of Crim- as a handbook of social agencies of inal Law and Criminology which a national scope. Among the ar- presented this work to American ticles of specific interest to crim- readers in a translation published inologists we note: Adult proba- in 1917 (Little, Brown and Co., tion, E. J. Cooley; Alcoholism, H. Boston). M. Pollock; Civil liberties, R. N. The fifth edition was begun some Baldwin; Clinical study of adult of- time before Professor Ferri's death, fenders, W. Overholser; Crime but his departure left the manu- commissions, R. Moley; Delinquent script unfinished. His friend, pupil, boys, Institutional care, H. V. Bas- and colleague, Arturo.Santoro, com- BOOK REVIEWS

pleted the editorial work. The re- monials this number contains sev- vision made is not very extensive eral articles of interest, prominent except in the foot-note material, among which is one on "Researches which has been brought u p-to-date in Feeblemindedness with special re- and in the elaboration of the ex- lationships to inheritance," by A. cellent indexes. Myerson and collaborators. T. S. T. S.

CURRENT RESEARCH IN LAW FOR THE CRIMINAL LAW IN COLONIAL VIR- ACADEMIC YEAR 1929-1S930. By GINIA. By Arthur P. Scott. Elizabeth S. Iddings unider the ix + 335 pp. The University of direction ot Herman ()liphant. Chicago Press, Chicago, 1930. x + 298 pp. The Johns Hopkins Press, Baltimore, 1930. $2.00. Professor Scott presents in a well written manuscript the story of the This is the second annual compila- development of criminal law in tion of references to Amer ican re- early Virginia. It is divided into search projects in law and related three parts, the first being devoted fields. It is prepared by tIle Insti- to the sources of law in Virginia, tute of Law of Johns Hopkins Uni- the second to the subject of law versity. Chapter Two (pp 22-60) enforcement and criminal procedure, is devoted to research in crimes, and the third to criminal law in its criminal law, and procedtire. In substantive phases. Most of the other chapters we also find sections book is devoted to an elaboration of dealing with statistics, judicial coun- Part 'III. The first part describes cils, juries, juvenile courts, law en- the 'conflicts which developed as a forcement, juvenile deliniquency, result of the arbitrary procedures mental hygiene, prohibiti on and established by the officials of "The medical jurisprudence. T he vol- Virginia Company." After a few ume is well indexed. Con sidering years. of company control, the king its uniqueness and bibliog raphical assumed direct control of the col- importance, it is a pity that the In- ony, and it was not long before the stitute has decided to dis continue common law became the law of Vir- this publication series. ginia with some local variations re- T. S. sulting from colonial legislation. Part II, relating to law enforce- is FERNALD MEMORIAL NUMBER (Bul- ment and criminal procedure, letin of the Massachuse tts De- most interesting because of the partment of Mental Eiseases, very great similarities which are. disese,b shown between the law as it existed vol. XIV, nos. 1-2). E lited by in Virginia three hundred years ago George M. Kline, Doltglas A. and the law as it exists in most of Thom, and George L. Valace. our states and in England today. 258 pp. Boston, 1930. Free. Professor Scott confesses his ex- A tribute to the memory of Wal- asperation at being unable to dis- ter E. Fernald (1859-1924) a leader cover in the records the rules of in the study and the institutional practice in use in the courts. Then treatment of feeblemindedne ss. Be- as now, these rules were to a large sides various resolutions anid testi- extent unwritten and became estab- BOOK REVIEWS 135

lished by current usage upon the Many instances are found of the part of those who were engaged in use of increasing punishments for the work of law enforcement. habitual criminals, a device which Among other things we find the has been lately stumbled upon by practice of arresting as .vagrants all zealous reformers who have as- those who were unable to give satis- sumed that they have discovered factory account of themselves, in something quite new.. order that they might be investi- The colonists were equally inter- gated to determine whether they ested, as many present-day legis- were fugitives from justice, wanted lators, in the attempt to regulate for more serious offenses. Initia- the moral conduct of their fellows, tion of prosecution by indictment, even to the extent of killing people presentment and information were for being witches and punishing all known to thd early Virginians them for failing to attend the estab- and in common use. It was also lished church. As time went on, we common practice to divide the fine find instances of persecution of with the informer and in some in- Quakers, Puritans, Catholics, Bap- stances he was permitted to bring tists, and Presbyterians. If we may a civil action against a violator of judge from this book, drunkenness, the criminal law. cursing and swearing, Sabbath The harshness of the Common breaking, gambling, lotteries, vag- Law, which denied to persons ac- rancy, fornication, miscegenation, cused of crime, most of the well and all of the other sexual offenses known protections of today, had a were common indeed. Laws spe- concurrent vogue in Virginia. As cially directed at such crimes upon these rules were changed in Eng- the part of magistrates, ministers, land, however, they were changed legislators, as well as common citi- also in Virginia. zens, seem to have been more or Part III of the book is principally less usual, together with an occa- interesting because it reveals so sional provision for special punish- clearly the social life and condi- ment of prosecuting attorneys who tions of the people who lived in the failed to prosecute effectively in colonies. We find, for instance, such cases. comment to the effect that as time JUSTIN MILLER, went on it was discovered that more and more offenses were being com- Duke University. mitted by transported English con- victs, an interesting reflection upon a policy which resulted in a selective LEs CLINIQUES PSYCHOLOGIQUES process for the development of the POUR L'ENFANCE AUx ]TATS- law abiding citizenry of England, UNIS ET L'OEUVRE Du DR. HEALY. but at the same time sent into the By Harold H. Anderson. De- United States a restless, undigested lachaux & Niestli, S. A., Paris group of malcontents, who have & Neuchatel, 1929. 5.50 fr. contributed throughout the years to This book has a very interesting social disturbances and violations of and suggestive preface by Edouard criminal law. Clapar~de, in which he points out Except for the severity of punish- that the European scientists were ments, the criminal law of the col- the pioneers in the study of psy- ony was not unlike that of today. chological and sociological antece- 136 BOOK REVIEWS dents of delinquents. The American pose in informing him of the work scientists, on the other hand, have of American psychological clinics the honor of leading the world in working with juvenile delinquents. making practical applications of the To the American reader unac- knowledge obtained from these psy- quainted with the writings of Dr. chological and sociological re- Healy it presents a very useful sum- searches. mary of the writings of one of the Dr. Anderson's book is a survey outstanding authorities in this field. of these applications as they are To the reader unacquainted with the found in the American pychological work of psychological clinics in the clinics. The title of the book is field of juvenile delinquency this slightly misleading, for it might just book will be an excellent introduc- as truthfully have been called "The tion. Work of Dr. Healy and the Psy- FREDERICK J. GAUDET. chological Clinics in the United Dana College. States." However, since Dr. Healy's work is so outstanding, the reader gets a very clear picture of one of CRIME AND PUNISHMENT IN GER- the best of the United States psy- MANY. By Theodor Hampe. chological clinics dealing with viii + 175 pp. E. P. Dutton & "problem cases." The book is al- Company. New York, 1929. most entirely limited to the type of $3.50. clinic which works with the delin- quent, and the illustrative material THE ELIZABETHAN UNDERWORLD. By A. v. Judges. lxiv + 543 pp. is freely quoted from the works of Dr. Healy. Very little is said of E. P. Dutton & Company. New York, 1930. $6.50. the clinics which are doing work in other fields of psychological in- For those who have read A Hang- vestigation. man's Diary published a couple of The material of the book is well- years ago, the book by Dr. Hampe chosen, interestingly presented, and will be of special interest because well-balanced. The author's con- it covers the same period, the 16th ception of the cause of crime does century, and the same city, Nurem- not allow space for fads; in fact, he burg, although it is based upon makes some rather pointed state- other source material. Here there ments about those who hold that the is a wealth of information of value cause of crime is impacted teeth, or to the sociologist as well as to the diseased tonsils, or defective en- historian of penology. The book docrine glands. In the same way gives interesting descriptions of the he is just as skeptical of the num- criminal class and provides us with erous panaceas which have been ad- an insight into the nature of punish- vocated to "cure" criminals. His able offenses and the penalties ap- whole outlook is scientific. The plied to those committing them. book is an excellent example of thd Professional crime seems to have use of the "total situation" concept, been as difficult to combat then as which is becoming increasingly now. Some of the thieves who met popular in the better type of in- their fate in Nuremburg had car- vestigations in the social sciences. ried on international operations To the European reader this book ranging from England and Scan- will serve a very worthwhile pur- dinavia in the north to Turkey and BOOK REVIEWS 137

Sicily in the south. Evidence even institutional treatment instead of pointed to an organization in the capital and corporal punishments. trade of thieving. Crimes against Mr. Judges has reprinted here the property were apparently most com- most important of the "rogue litera- mon, then as now. A variety of ture" and he supplements these crimes were capitally punished pamphlets with a splendid introduc- which today meet with little or no tion which surveys prison life, crim- legal reaction. In spite of the threat inal justice and police methods. In of the death 'penalty, the "gallows all, this book is a worthy companion thief" apparently operated undis- to Mr. Aydelotte's excellent Eliza- turbed by the law and it was com- bethan Rogues and Vagabonds. mon to ind the bodies on the gal- THORSTEN SELLIN. lows stripped of clothing the morn- ing after the execution. Light on the mores and beliefs of the day is CRIME PREVENTION AS A MUNICIPAL throwin by incidental references. FUNCTION. By Hubert R. Gal- For instance, we find that, in 1497 lagher. 66 pp. Syracuse Uni- eighteen Jews were burned alive versity. 1930. $1.00. "for murdering four Christian boys This is a questionnaire study in their cells," showing that the be- based on reports from 220 police de- is of no re- lief in "ritual murder" partments, which indicate an almost cent origin. We are told of a case lack of knowledge of prac- gath- complete in 1674 when the executioner tical and constructive crime preven- a certain de- ered up the blood of tion work such as case work, co- capitated criminal and gave it to operation with governmental de- some epileptics to drink, who "were ,partments and social service agen- healed." Finally, we read that on cies, preventive education and "the one occasion a group of criminals correction of crime-breeding condi- joy when they knelt and wept with tions." The existence of thirteen learned that instead of being hung, "crime prevention bureaus" was re- they were to be decapitated. Hang- ported. The paiphlet aims to show ing was an infamous penalty while the failure of public authorities in beheading was not. Toward the end crime prdvention work. The need evidence re- of the 16th century, of i program as determined by case a lessening severity curs to show suggestions forsuch a pro- young delinquents. In 1576, studies, toward gram, and finally, the organization boys "too young for instance, eight of crime prevention work by the to be hanged" were chained to- police of selected communities are gether and made to sweep the pave- presented. ments. The book by Mr. Judges deals the same turbulent tines, al- with PRISONS AND PRISON BUILDING. By though the scene is laid in Eliza- Alfred Hopkins. xii + 140 pp. bethan England, an era notable for Architectural Book Publishing its contribution to criminal lav and Company, Inc. New York. $5. to punishment. Faced with the seri- ous problem of vagrancy and itin- This work presents a prison con- erant criminality, the government struction program based upon a instituted workhouses in an attempt definite and inclusive penal policy to apply on a large scale corrective of economic and social rehabilita- 138 BOOK REVIEWS tion. Emphasis is placed upon the ing of the irresponsible part of the idea of the employment of the prison prison population has not been pro- as an instrument of reformation as vided for in the elaboration of the well as one in which the necessities author's architectural theory. In- of security and supervision are tensive surveys have demonstrated cared for. Consideration of Mr. that approximately sixty per cent of Hopkin's thesis is merited on ac- the prison population is mentally count of his recognized competence subnormal. If a system designed in his field and the opportunity that to educate normal individuals can he has had to apply constrfictively be applied to a criminal group in his theories in the planning of the which there is a definite absence of Westchester County Penitentiary, the ability to be responsible to the Berks County Prison and the pro- requirement of society, the prison posed Federal Prison in Western plan presented in the volume con- Pennsylvania. stitutes the long sought goal in the The controlling principle upon search for the best methods of which the author establishes a housing and handling criminal scheme of prison construction which wards. will meet the modern demands is It is felt that a satisfactory treat- classification. "Classification is the ment of the criminally blighted hu- most discussed, the vital problem of mans of a .state must involve the prison administration today and al- consideration of, not 'merely the ways has been. The architect must state prison, but its feeder, the city provide every possibility for segre- jail and the county prison and work gation in his structures, and the first house conceived as integral elements thing is to plan the institution on a of the scheme. None will dispute basis of a number of small units Mr. Hopkins' statement of the instead of a few large units." One "beneficial influence of beautiful rather feels, however, that the building upon the offender," nor schemes shown exhibit classification that "the effect of environment is rather as an attitude of mind than just as noticeable and far more im- an achievement of fact. portant upon the prison official than Interest is directed to the prac- it is upon the prisoner." tical working out of the theory. of LEWIS F. PILCHER. planning small units that will "offer Philadelphia. .a substitute for home life. Prison- ers may well be classified with re- spect to their suitability to one an- other as associates. One of the THE THIRD DEGREE: A DETAILED functions of education, and the AND APPALLING tXPOSE OF PO- prison has largely become an insti- LICE BRUTALITY. By Emanuel H. tution of education, should be to Levine. 248 pp. The Vanguard separate those who wish to learn Press, New York. $2.00. and those who do not." It would As its highly colored title indi- be of great advantage to have this cates, this book was primarily made theme more fully elaborated and its to sell. Mr. Lavine is a police re- application in plan and construction porter of long experiece, and al- intensively defined. though the task of composition has A complete solution for the seg- admittedly been performed by oth- regation, better treatment and hous- ers, there is no doubt of the unusual BOOK REVIEWS 139 BOOK REVIEWS 139 opportunities which he has enjoyed methods of studying prisoners, for observing third degree practices. namely those of Bavaria and of No one can read his account of them Belgium. All the itemg of investi- without conviction that the third de- gation are given for each system. gree as a recognized police institu- A good deal of curiosity here in tion must go. Yet it is doubtful America has been aroused concern- whether this attack will contribute ing the Bavarian methods of study materially to that end, because the because of mention in various pub- specific cases so effectively pre- lications and particularly through sented represent a highly selected the work that Lange has done on group covering the observations of the study of identical twins, which many years, and therefore are not originated in the Bavarian reforma- typical of police methods in securing tory at Straubing. confessions. An immense amount of attention That portion of the public which in Bavaria is being given to anthro- objects to the third degree must be pometry, with ijany measurements brought to understand that the fail- made of the body. This is corre- ure of private citizens to assist po- lated with the psychological types lice lies at the root of the evil. of Kretschmer, but, in general, psy- The polite must also be made to chiatric studies of the prisoner play realize that use of the third degree a very small part indeed. tends still further to alienate public The Belgian method of study con- support. templates also many morphological Here is a vicious circle. Perhaps measurements and tests of sensation, some large American police depart- with considerable emphasis on ment will take the initiative in heredity, but added to these there breaking it, by forswearing the are various observations upon per- third degree, frankly confessing in- sonality and character deviations. ability to solve certain crimes with- Also a greater amount of space is out aid of the method, and thereby given to sociological considerations perhaps re-enlisting popular support than in the Bavarian method of in- and assistance for police investiga- vestigation. tions. Despite the involved nature The book as a whole attempts a of the situation, some such proced- critical appraisal of these schemes ure may be made to yield promising of study while it presents a sketch results. of the recent movements for reform BRUCE SMITH. in penology in both countries. It is National Institute of clearly seen that these studies of Public Administration. prisoners particularly by refined physical methods have not yet proved its value. It will be neces- sary to wait PERS6NLICHKEITSFORSCHUNG U N D a number of years to DIFFMRENZIERUNG IM STRAFVOLL- see what can be brought forth and ZUG. By Dr. Werner Petrzilka. whether biological types can be re- Friederichsen, De Gruyter & lated to conduct tendencies. Cer- Co., Hamburg, 1930. R M 10. tainly no results have yet been forthcoming that lead to better The chief interest of this book is prognosis, while more rational that it contains a full account of the methods of treatment of prisoners two most prominent European are still in the making. 140 BOOK REVIEWS

This book is of considerable value and Harrison Smith, New York, for those who would learn of what 1929. is going on in penology in other This little volume does a good parts of the world. It may be highly service in bringing together a bit recommended for its presentation of of the history and something of cur- methods and its saneljr critical at- titude. It is a work to be taken rent developments in the field of account of by criminologists gen- penology in England. In the open- erally because of its scientific point ing chapters the author touches of view and its fair presentation of upon the various "schools" of crim- Belgian and Bavarian present-day inology, and the distinctions in Eng- attitudes towards understanding the lish law between types of crime. causes of crime. The oft-mentioned, three-fold classi-: Perhaps more interesting than fication of the theories of punish- anything else to note is the wide ment are then reviewed, i. e., re- divergence of the points of view tribution, deterrence, and reforma- embodied in these two systems of tion, with some indication of the investigation from the development progress made when the State took that is taking place in America. over from the victim or his kins- Here we are looking more and more men the right to inflict punishment. at the mental and social aspects of Penal methods "of the past are then the life of offenders and at the briefly discussed, the author paying interrelationships in the hope of his ironical respects to the cruel gaining an understanding of the ingenuities of his native land, not causatiofns of social misconduct. forgetting to mention, however, the There is hardly an echo in these two heroic work of reformers, such as methods of what we may term the Bentham, Mackintosh, Romilly and modern psychiatric standpoint. Very others.. There is a brief chapter little attention is paid to the early on the "Judgment of Death," though influences that make for character the author's conclusion on this sub- formation and no consideration ject is printed on the jacket of the whatever of the more subtle factors volume- "The death penalty fails of dynamic psychology. The very utterly in its purpose. It does not making of these large numbers of stop murders." A somewhat inade- objective physical measurements quate discussion of insanity and must necessarily, considering lim- crime follows, expressing the mod- itations of time, militate against ern hope that this problem be taken taking into account what we nowa- from the legal and given over to the days believe to be the major factors medical profession with their new in the protection of delinquency and psychiatric techniques. Juvenile de- crime. But nevertheless we must linquency is treated, showing the de- welcome scientific investigations of velopment of modern methods of any sort, for who knows what they treatment in England, and the may bring forth. author discusses the machinery of WILLIAM HEALY. jfistice in England, with praise for Judge Baker Foundation. the effectiveness of the judicial system in separating the guilty from the innocent, but with criticism of CRIMINOLOGY. By Horace Wynd- the too standardized and impersonal ham. 105 pp. Jonathan Cape treatment of the guilty. In a con- BOOK REVIEWS

cluding chapter the author calls at- cape, he is finally, after over a tention to the somewhat confused decade of hard labor, pardoned situation with regard to penal insti- through the efforts of friends in his tutions in England, wherein they home country. While this book masquerade under different names, fails to give the profound impres- such as House of Correction, Peni- sion left upon the reader by the tentiary, Prison, and so on, all em- more naive and detailed autobi- ploying similar unintelligent meth- ography by Menesclou (Comnent ods. The new names for old jails J'ai subi quinze arts de bagne) it are a part of the romanticism which nevertheless is a moving and worth- has afflicted this field. Or, is it a while psychological document. phase of Anglo-Saxon pious hypoc- T. . risy? This is a good book for the tired business man who can tolerate an idea or two, provided that the FESTGABE FOR REINHARD VON analysis is not too prolonged. FRANK, ZUM 70 GEBURTSTAG, ARTHUR EVANS WOOD. 16. AUGUST 1930. Edited by University of Michigan. August Hegler. 2 vol. J. C. B. Mohr, Tiibingen, 1930. R M 63. On the 70th birthday of Geheim- THE HORRORS OF CAYENNE. Edited rat Reinhard von Frank, the noted by Karl Bartz. Translated by German criminologist, a number of Beatrice Marshall. x + 206 pp. his confreres united in contributing Richard R. Smith & Company, articles, forty in number, on differ- Inc. New York, 1930. $2.00. ent aspects of the science, to form Stories of the French penal coI- an appropriate "Festgabe" -these ony of Guiana have become fairly are collected in two volumes of 621 common since the var. * Most fam- and 588 pages respectively, by an ous, no doubt, is Albert Londres' editor of skill and judgment, Dr. Au Bagne, which provoked a French August Hegler of Tilbingen. Parliamentary inquiry. Jacques The articles are of a most varied Dhur and, more recently, Blair character, ranging from the almost Niles have also contributed to the wholly theoretical to the almost general conviction that a penal col- wholly practical-the authors are in ony is not only a pest spot, but most cases professors in German financially a very costly experiment. universities, all of the best known Few of the prisoners who have universities being represented; and passed through the "Horrors of the book is correctly described by Cayenne" have had the ability or the editor as furnishing in system- the desire to record them for pos- atic shape, a" cross-sedtion of pres- terity. The hero of this book is a ent German scientific criminology, young 18-year old German who be- particularly in reference to the fore the war was shanghaied into labors of von Frank. the Foreign Legion. With the out- The papers are able and carefully break of the -war,he and some other prepared. The range may be jUdged German legionnaires make a dash by some of the titles-Systematic for freedom. He is captured 'and Foundations of the Present Day sentenced to transportation. After Science of Criminology; The Influ- numerous fruitless attempts to es- ence of Civil Law upon Criminal BOOK REVIEWS

Law; Casualty and Responsibility; of pregnancy. These propositions Inciting and Complicity; Procure- failed, the second from the difficulty, ment; Forgery; High Treason in if not the impossibility of determin- Future Criminal Law; Punishment ing the precise age of the foetus. in Relation to the Child and the One Social-Democrat proposed a Feebleminded, and so forth. fine of three Marks, instead of the Naturally, the book does not lend existing punishment. itself to quotation: the method of Section three is on the interup- treatment may be illustrated by one tion of pregnancy and perforation paper, taken almost at random- on surgical grounds. It was pro- Arzt und Strafrecht by Dr. Joseph posed in committee that such inter- Heimberger of Frankfurt. ruption of pregnancy should be per- The author begins by saying that missible on eugenic, social or ethical he plans to deal with the law as grounds if the operation was neces- proposed in 1927 in an Outline of a sary to prevent the birth of a sickly Code of Criminal Law for all Ger- or feeble-minded child, to prevent many submitted to the Reichstag and a child being born into a home of the discussion of it in the Commit- domestic want, or if the pregnancy tee of the Reichstag to which it was was occasioned by want, ravishment, referred. His treatment of the sub- incest or intercourse with a child, ject will be confined to its bearing and so forth. These propositions upon the physician, and that only were rejected. As to perforation, in outline. "It is scarcely believable what acro- The first section deals with the batic tricks were resorted to to find boundary line between the embryo a solid foundation for the non-crim- or unborn child and human life, inality of perforation": it stands which he considers a very import- that the operation is non-criminal ant matter as there is no criminal "if according to the rules of scien- punishment for killing or injuring tific medicine it is necessary to pre- anything but a human being. Under vent serious danger to the life or the existing law, it was not clear health of the mother." But no non- that the boundary was the complete professional person should under- exit of the nascent child from the take the operation, and the consent body of the mother. The Outline of the mother should be first ob- provided that it is not criminal for tained. a physician to kill the nascent child Section four deals with treatment to save the mother's life, thus by im- with or without consent of the suf- plication indicating that a child in ferer: the Outline whose" direction the process of being born, is a hu- was not changed in committee de- man being. A long discussion fol- clared that treatment, manual or lows as to the consequences to be otherwise according to the practice deduced from this Grenze. of a skilled physician should not be The next section deals with abor- considered a trespass to the person. tion generally. The prohibition, as As to treatment against the patient's a crime, of abortion met strong op- vill, as "the sick man is master of position in committee from the his own person, he need not sub- Communists and the Socialists. mit to treatment against his will"; Members of these parties urged its and in this right, he should be pro- legitimation in any instance or at tected by the law. The Outline pro- least during the first three months vided that everyone who treats an- BOOK REVIEWS 143 other for the purpose of healing, had ample opportunity to utilize the but against his will, shall be pun- last-mentioned quality, for as a de- ished by three years' irhprisonment termined opponent to the dictator- and fine: the Zentrum and the ship in Spain he has suffered not Volkspartei were especially inter- only indignities at home, but even ested in this in committee. a period of confinement on one of Section five deals with consent to the penal islands of Chafarinas. physical injury in operations: sec- (See his Notas de un confinado. 201 tion six with sterilization; section pp. Madrid, 1930.) seven with assistance to suicide, the In the book under review, it is Outline declaring this non-criminal primarily the scholar and the phi- if the suicide expresses a fixed de- losopher who speaks. He first out- sire to die to escape the torments of lines the historical development of an incurable disease; section eight European criminal law and points gives the law as to false profes- to the dualism .exhibited by recent sional evidence; section 9 as to codes and projects based on the dis- breach of professional confidence, tinction between punishment and saying that doctors, apothecaries "measures of security." In the sec- and medical men generally who. ond chapter, he characterizes the without permission (except upon a trends in modern penal law, and in lawful occasion, in defense of some the third, which is the most stimu- public or private right) discloses lating in the book, he deals with the facts that have come to them in criminal law of the future, both the their professiqnal capacity are pun- near and the remote. Ultimately, ishable with three months' imprison- the author hopes that "protection" ment and fine. will be the fundamental aim of criminal law and that crime will be This is a r~sumi6 of a most inter- but a symptom of a criminal's dan- esting article: I am able to resist a ger to society, while punishment similar treatment of others equally will lose its retaliatory nature and valuable and interesting, only by re- become only a tutelary and safety exigencies of space membering the measure. Judges will have the full the Journal. in arbitrary power now enjoyed by WILLIAm RENWICic RIDDELL. physicians and teachers. True so- Osgoode Hall, Toronto. cial physicians, they will possess a rich anthropological, sociological, psychological, and psychiatric knowl- EL NuEvo DERECHO PENAL. Escu- edge; law is the discipline which ELES Y C6DIGOS DEL PRESENTE Y they need to know least of all. DEL PORVENIR. By Lids Jizeniz Prisons will disappear in favor of de Asila. 241 pp. Editorial reformatories, correctional schools, Paez, Madrid, 1929. 4 pesetas. and hospitals. The penal code will Since his excellent work on the have the attributes now possessed indeterminate sentence appeared by the juvenile court laws. shortly before the war, Professor Before this ultimate stage is de Asa has continued to publish reached, a transition period must books and articles which testify to perforce exist. For this period we his wide culture, his keen scholar- need to elaborate two distinct codes. ship, and his great polemical ability. One is a code of sanctions and the In late years, in particular, he has other a code of prevention. Good 144 BOOK REVIEWS examples of the. former are found police, but only through the courts. in the Italian project of 1921 and in In a final chapter, the author pre- the Russian code of 1926. For the sents valuable historical and analy- proper application of this code tical material connected with the which will give considerable arbi- criminal law projects or codes of trary power to the judge, a judici- recent years, particularly those of ary is needed with specialized train- Spain, Panama, Costa Rica, Argen- ing and high salaries. The training tine, Peru, Mexico (1912), Colom- should be given in law schools or bia, Cuba, Brazil, and the Philip- in special institutes. (Note. In pine Islands. Europe, judges are appointed on a THORSTEN SELLIN. civil service basis.) The indeter- minate sentence must be adopted and special advisory commissions shall CRIME AND THE CRIMINAL LAW IN supervise the treatment and eventu- THE UNITED STATES. By Harry ally recommend to the court the Best. xvii + 615 pp. The Mac- York, conditional release of the prisoner. millan, Company, New This commission is to consist of 1930. $6.50. three sections, one medical and an- According to the author, as stated thropological, one juridical, and one in the foreword, this book is "in- administrative. When the case of a tended as a limited contrifution to criminal's treatment' or . release an understanding of the situation as comes up for discussion, each sec- to crime and the criminal law in the tion shall independently take up the United States. It is designedly of case and present its findings to the objective character. Practical mat- court. The author suggests this de- ters and- issues of today are what vice in order to meet criticism lev- receive the substance of attention eled against the purely administra- and regard-with little attempt to. tive application of the indeterminate enter the great historical or philo- sentence. sophical or theoretical fields which The preventive code which is pro- lie so close at hand, or indeed upon posed is not to be one like Longhi's which is superimposed the entire which deals with measures of secur- structure. The work is to be looked ity to be taken after a crime has upon rather as an elementary text been committed, and which only in for the student and- for the citizen exceptional cases deals with pre- desiring a better appreciation of the delinquents. Asda's code, given the problem. In a considerable degree nature of his code of sanctions, the work is of a statistical char- naturally deals only with the social acter." The author has held very treatment of individuals who show consistently to the purpose described anti-social tendencies which might in the extracts quoted above. lead them to crime: certain mental The book is divided into eleven defectives, morally abandoned and parts as follows: general nature of neglected children, beggars and crime; classification of crimes; vagabonds, habitual drunkards, pros- criminal procedure; extent of crime titutes, etc., and all those who be- in the United States; conditions and long in the category of the inala characteristics of criminal popula- vida. To protect individual rights, tion as reflected in prison popula- measures applied to these groups tion; forms of punishment for the must never be meted out through the offender; means of release from BOOK REVIEWS 145 prison; penal institutions; non-in- which are usually ignored in the stitutional methods of treatment of regular textbooks. Dr. best, with offenders; private organizations his legal training, has put these concerned with the offenders; and matters in terms that are intelli- possible measures for control or re- gible to persons without legal ex- duction of crime. perience. The range of topics covers prac- The sections on the extent of tically all phases of criminology. In crime and upon the condition and fact the title might well have been characteristics of criminal popula- a more general one. The great re- tion as reflected in prison popula- liance and emphasis upon statistics tion are handled with the same results in chapters that are filled meticulous attention to detail and with summaries of statistical tables. accuracy. So far as conclusions One cannot help wondering if these can be based upon statistical foupda- chapters are not likely to prove tions, these portions are exhaustive rather difficult reading for an ele- and, complete. The summaries and mentary text and for the general compilations will be particularly reader. Somewhat more use of his- useful to persons to whom the orig- torical material would have helped inal statistical materials are not, to carry along the details presented available. in many parts of the treatment. It The section upon general forms is hardly fair, however, to criticize of punishment in the United States an author for not doing the things presents an excellent summary view that he very definitely did not elect of the use of capital punishment, to do. fining, imprisonment, means of re- The sections on the general nature duction of prison term, and time of crime and on the classification of served under sentence. Again the crimes contain a great deal of in- statistical presentation is detailed formatinn for the non-legal student and accurate. The abstract char- of criminology. Such subjects as acter of the material and the use parties to crime and responsibility of numerous tables forms difficult for crime are clearly explained. reading. As a source of valuable The legal status of homicide in gen- information in concise form, it is eral, suicide, justifiable and culpable of the greatest value. homicide, voluntary and involuntary The list of books on crime given manslaughter are also discussed at the end of the study seem s to be with clarity. Offenses against the presented in rather inadequate form. person, against propepty for gain Especially to be noted is the lack of and not for gain, as to dwelling or any critical estimate of the value of habitation, family relations, chil- the references. The student' or the dren, sex, against public peace or or- general reader is left entirely with- der, against public health or safety, out guidance except so far as the public policy or morals and admin- title throws light upon the nature istration of government are pre- of the treatment. sented in a manner to be understood The defects suggested above do by students and general zeaders. not materially detract from a vol- These two sections seem to the re- ume that is an important addition viewer a very valuable treatment of to the growing literature of crim- subjects of great importance for the inology. F. E. HAYNES. student of criminology, but subjects State University of Iowa.