yet a cursory examination of the facts is sufficient to show that
a decrease in the prison population is merely the result of
shorter sentences and the substitution of fines or other similar
penalties for imprisonment. If the list of offences for trial
before a judge and jury should exhibit any symptoms of diminution,
this circumstance is immediately seized upon as a proof that the
criminal population is declining, and yet the diminution may
merely arise from the fact that large numbers of cases which used
to be tried before a jury are now dealt with summarily by a
magistrate. In other words, what we witness is a change of
judicial procedure, but not necessarily a decrease of crime.
Again, when it is pointed out that the number of persons for trial
for indictable offences in England and Wales amounted to 53,044 in
1874-8 and 56,472 in 1889-93, we are at a loss to see what colour
these figures give to the statement that there has been a real and
substantial decrease of crime. The increase, it is true, may not
be keeping pace with the growth of the general population, but, as
an eminent judge recently stated from the bench, this is to be
accounted for by the fact that the public is every year becoming
more lenient and more unwilling to prosecute. But an increase of
leniency, however excellent in itself, is not to be confounded
with a decrease of crime. In the study of social phenomena our
paramount duty is to look at facts and not appearances.

But whether criminality is keeping pace with the growth of
population or not it is a problem of great magnitude all
the same, and it will not be solved, as Professor Ferri points
out, by a mere resort to punishments of greater rigour and
severity. On this matter he is at one with the Scotch
departmental committee appointed to inquire into the best means of