The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 by Enrico Ferri
page 33 of 75 (44%)
page 33 of 75 (44%)
![]() | ![]() |
|
would go scot free. If they had but the least suspicion that they might
be detected and punished they would not have committed the crime. The only exception is the case in which a crime is the result of a mental explosion caused by a violent outburst of passion. And if you wish to have a very convincing illustration of the psychological inefficacy of legal threats, you have but to think of that curious crime which has now assumed a frequency never known to former centuries, namely the making of counterfeit money. For since paper money--from want or for reasons of expediency--has become a substitute of metal coin in the civilized countries, the making of counterfeit paper money has become very frequent in the nineteenth century. Now a counterfeiter, in committing his crime, must compel his mind to imitate closely the inscription of the bill, letter for letter, including that threatening passage, which says: _"The law punishes counterfeiting_ ..." etc. Can you see before your mind's eye a counterfeiter, in the act of engraving on the stone or the others may ignore the penalty that awaits them, but he cannot. This illustration is convincing, for in cases of other crimes one may always assume that the criminal acted without thinking of the future, even when he was not in a transport of passion. But in the case of the counterfeiter the very act of committing the crime reminds him of the threat of the law, and yet he is imperturbable while perpetrating it. Crime has its natural causes, which lie outside of that mathematical point called the free will of the criminal. Aside from being a juridical phenomenon, which it would be well to examine by itself, every crime is above all a natural and social phenomenon, and should be studied primarily as such. We need not go through so hard a course of study merely for the purpose of walking over the razor edge of juristic definitions and to find out, for instance, that from the time Romagnosi made a distinction between incompleted and attempted crime rivers of ink |
|