is present wants. In him the sensual
instincts may not be stronger than usual, and the social element, though
weaker than usual, need not be absent. Weakness is the chief
characteristic of the occasional criminal. When circumstances are not
quite favourable he succumbs to temptation." (The Criminal, p. 18.) The
occasional criminal is clearly a subject for educational treatment. He
needs to cultivate greater power of self-control, to strengthen his
moral sense, and above all to be thoroughly equipped for the battle of
life. Imprisonment will frequently ruin him and be the cause of his
becoming a confirmed or habitual criminal.
=The Criminal of Passion.=--He is generally of considerable culture and
of keen moral sensibility. His crime proceeds from a sense of righteous
indignation which, for the moment, completely blinds him. Personal
insults cannot disturb his calm, but the sight of a child being abused
or a defenceless one being attacked, will so infuriate him that he may
even commit murder. Premeditation is never present, he acts under the
powerful inspiration of the moment, and his crime is an isolated event
quite unconnected with his conduct in general.
=The Insane Criminal=.--Insane persons who commit criminal acts, show
rather a variation of insanity than of criminality. It would be more
exact to describe them as "criminal lunatics" than as "insane
criminals." Two classes exist, a fact which is often overlooked, for
there are both criminal-lunatics and insane-criminals. In the first
case, criminality is the product of insanity, but in the second case
insanity is the product of criminality. Not an hereditary product in
either case, but a product resulting from a cause within the person's
mental or moral self.
The pronounced lunatic, the incapable, irresponsible person whose
actions are beyond his power to understand or control, is regarded by
society as a being too dangerous to be at large. Of him we do not here
speak to any extent, he is too well recognized. It should always be
borne in mind, however, that he commits crime because he is a lunatic,
and that although his confinement is absolutely necessary, yet there is
no warrant whatever that it should be made penal in character.
Although it is not possible in a work of this kind to deal largely with
the subject, the writer would urge upon the notice of society and upon
the special notice of jurists that there are a number of persons whose
crimes should exc
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