http://www.dailytimes.com.pk/default.asp?page=2009\11\18\story_18-11-2009_pg3_4

PURPLE PATCH: Crime, disease and accident -Clarence Darrow

 The criminologist has always looked for the cause of crime in some other 
direction than in the inherent wickedness of the criminal. Only those who make 
and enforce the law believe that men commit crimes because they choose the 
wrong.

Different writers have made their catalogues of causes that are responsible for 
crime, and most of these lists are more or less correct. There can be no doubt 
that more crimes against property are committed in cold weather than in warm 
weather; more in hard times than in good times; more by the unemployed than the 
employed; more during strikes and lockouts than in times of industrial peace; 
more when food is expensive and scarce than when it is cheap and plenty; more, 
in short, when it is harder to live. There is no doubt that there are more 
crimes of violence in extreme hot weather than in cold weather. That is, heat 
affects crimes as it affects disease and insanity and death; in short, as it 
affects all life. More crimes of violence are committed after wars or during 
heated political campaigns than at other times; more of such crimes when, 
either by climatic or other conditions, feelings are intensified or aroused and 
less subject to control. Likewise there are more crimes committed by young men 
between seventeen and twenty four or five years of age than at any other age. 
Neither the very young nor the old commit crimes, except in rare cases. All the 
old people could be safely dismissed from prisons. Some few of the senile would 
need attention, and many need support and care, but none is dangerous to the 
community. There can be no question that practically all criminals are poor. 
Even when bankers get into prison they almost never have much money when they 
start that way, and none when they arrive. They are sent for something that 
would not have happened except for financial disaster. There is no longer any 
question that a large number, say probably from ten to twenty per cent of the 
convicted are, in fact, insane at the time the act was committed, and that the 
demented, the imbecile, and the clearly subnormal constitute many more than 
half of the inmates of prisons. Most of the rest can be accounted for by 
defective nervous systems, excessively strong instincts in some directions, 
weak ones in another, or a very hard environment. Add to this the facts that 
only a few have ever had any education worthy of the name, that most of them 
have never been trained to make a fair living by any trade or occupation, that 
almost all have had a poor early environment with no chance from the first, and 
most of them have had a very imperfect heredity. In short, sufficient 
statistics have been gathered and enough is known to warrant the belief that 
every case of crime could be accounted for on purely scientific grounds if all 
the facts bearing on the case were known.

Is there anything unreasonable in all of this? Is it outside of the other 
manifestations of life? Let us take disease. Clearly this is affected by heat 
and cold; beyond question it is largely the result of inherited 
susceptibilities. Poverty or wealth has much to do with disease. Many poor 
people die of tuberculosis, for instance, where the well-to-do would live. The 
span of life of the rich is greater than that of the poor. The long list of 
diseases from under-nourishment is mainly from the poor. Age affects disease, 
increasing the hazard of death. The food supply seriously affects health. 
Ignorance is a prolific cause of disease. Or, to speak more correctly, the lack 
of education and knowledge prevents men from living so that sickness will not 
overtake them, or so that they can recover when they are attacked by disease. 
The strength or weakness of the nervous system is a material factor.

The times of life, too, when the ravages of disease are greatest are as 
distinct as those of crime. And barring the fact that the few who are left at 
seventy rapidly drop away, the time of the greatest disasters would rather 
closely correspond with that of crime. Tuberculosis and insanity, for instance, 
take their greatest toll in the period of adolescence between 15 and 25 years, 
just as crime does, and the percentage of both begins falling off rapidly after 
30.

Accidents can be as surely classified, and many of them in the same way. The 
poor naturally have more accidents than the rich; the ignorant more than the 
educated; the poorly-fed more than the well-nourished. Accidents are directly 
affected by climatic conditions; they are affected by human temperaments, by 
the strength and weakness of the nervous system, by the environment, by 
heredity, and by all the manifold stimuli that act on the human machine.

Legislatures have long since recognised that crime does not really stand as a 
separate and isolated phenomenon in human life. They have long since passed 
laws to safeguard the community against loss by accident and disease. A 
lengthening list of statutes can be found in our code regulating dangerous 
machinery, the operation of railroads, the running of automobiles, the 
construction of buildings, the isolation of the tubercular and those suffering 
from other contagious diseases, the amount of air-space for each person in 
tenement and work-shop, the use of fire-escapes and all of man's conduct and 
activity for the prevention of accidents and disease.

Quite apart from the question of the wisdom or the foolishness of all this line 
of legislative activity, over which there will always be serious discussion, it 
is evident that criminal conduct even now occupies no unique or isolated place 
in law or human conduct. All unconsciously the world is coming to look on all 
sorts of conduct either as social or anti-social, and this regardless of what 
has already been classified as criminal.

Clarence Seward Darrow was an American lawyer and leading member of the 
American Civil Liberties Union, best known for defending teenage thrill killers 
Leopold and Loeb in their trial for murdering 14-year-old Bobby Franks




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