Page:The New International Encyclopædia 1st ed. v. 05.djvu/670

* CBIMEAN WAR. 578 CRIMINOLOGY. united in the Dwhiratiuu of Paris (q.v.), which laid down certain principles of international law. Consult: llanilcy. The War in the Crimea [ London. 1891 ) . the best short treatment in Eng- lish. The standard work is Kinglake, The Invasion of the Crimen {'.) vols., London, 18G3-8T) ; also llnssell. The War in the Crimea, lS3Ji-56 (Lon- don, 185.5-56) ; Marx, The Eastern Question, 18o3-56. trans, by E. M. and E. Aveling (Lon- don, 18M7) ; Lodomir. La r/uerre de 1853-56 (Paris, 1857); Lysons, TJie Crimean. War from First to Last (London, 1895) ; "Russian Side of the Crimean War," National Review (Novem- ber, 18114) : Kovalevski, Ber Kricri Riisslands mit dcr Tiirkei in den Jahren ISoS-o.'i (Leipzig, 1869). CRIME DE SYLVESTRE BONNARD, krem de sel'ves'tr' bo'niir', Le. A graceful ro- mance by Anatole France (1881). The hero, JI. Bonnard, is an old member of the Institute, whose 'crime' consists in releasing a yoimg girl from a boarding-school in which she was un- happy, and bringing about a happy marriage for her. CRIMINAL LAW. A phrase signifying the body of legal rules which define criminal ofl'enses, prescribe their punishment, and provide for the apprehension and trial of persons charged with crime. The tendency at present is to codify this branch of the law. In Xew York, for ex- ample, the substantive ]iart of criminal law — that is, the part which defines criminal offenses and their penalties — is embodied in a Penal Code, while the adjective part, or the part regulating the arrest and trial of offenders, constitutes the Code of Criminal Procedure. The Constitution of the United States and the various State con- stitutions contain important provisions relating to criminal procedure. See especially the Fifth and Sixth Amendments of the United States Constitution, and similar clauses in the State constitutions, securing a jurj' trial, indictment by a grand jury, and other rights to persons charged with crime. The more important criminal offenses are dealt with under their respective titles. BiiiLiOGK.iPHY. Blackstone, Commentaries on the Lairs of England; Bishop, New Criminal Law (Boston, 1900) ; Robinson, Elements of American ■Jnrisprudciice (Boston, 1900); also the Encyclopcedia of the Laws of England (Lon- don, 1897) ; Archbold, Pleading, Evidence, and Practice in Criminal Cases (2d ed., London, 1900) ; Harris. Principles of Criminal Law (8th ed., London, 1809) ; Pollock and Maitl.and, His- tory of English Late (2d ed., Boston, 1899) ; Stephen, History of the Criminal Law of Eng- land (London, 188.3) ; id.. General Tirio of the Criminal Law of England (New Yoi'k, 1890) ; Phillips, Comparative Criminal Jurisprudence (Calcutta, 1889). See Law, Cbiminai.. Consult also the authorities referred to under other sub- ordinate or related titles, such as In.sanity; .TtlRISPRUDEXCE; CRIMINOLOGY; PENOLOGY; etc. See Accessory; Indictment; Pleading; Prin- cipal; Procedure; Punlshment. CRIM'INOL'OGY (from Lat. crimen, crime + Gk. koyla, login, account, from Myeiv, legein, to say). The science which treats of the nature and causes of crime. As a separate study it is of comparatively, recent growth, and the credit for its foundation as an independent branch of knowledge is usually given to Cesare Lombroso ('[.v.), an Italian professor in the University of Turin, who in 1876 published a remarkable book entitled L'uotno dclinqucnte (Criminal Man). Since its appearance, quite a number of eminent scientist.s — physicians, jurists, econo- mists, and sociologists — have taken up the study of crime and criminals. There is, however, such a difference of opinion concerning the funda- mental causes or factors of crime that criminolo- gists are divided into several groups. These groups may be classified under two large divi- sions, their difference turning upon the emphasis laid upon the individual causes of crime, on the one hand, or upon its social causes, on the other hand. The criminal, one party asserts, is born, not made ; he is a criminal by nature, and the circumstances of education or environment have little or nothing to do with his law-breaking career. The opposing party maintains that social organization, education, environment — causes lying outside the individual — really deter- mine whether or not he will become a criminal. As a rule, those who adlicrc to the former point of view conceive the study of crime as a part of anthropologj', a part of the study of man; while those who believe that social conditions furnish the causes and explanation of crime con- sider this study a part of sociolog;*'. Thus the two terms usually applied to criminologTi^, 'crimi- nal anthropology' and 'criminal sociology,' each indicate a prejudice in favor of one or the other of the tendencies characterized above. The subject of criminology is a complicated and dillicult one. It is only within the present generation that the possibility has arisen of con- ducting the study of criminal problems on any- thing approaching an exact and scientific basis. Before the introduction of a system of criminal statistics it was impossible to ascertain Avhether crime was increasing or decreasing, what trans- formation it was passing through in consequence of the social, political, and economic changes con- stantly taking place in all highly organized societies, and what was the effect of punishment on the criminal population. Statistics, moreover, even when carefully collected, often mislead. Suppose, for example, that the number of con- victions for crimes and misdemeanors has in- creased in Belgium from 22,359 in 1870 to 40,372 in 1890; this does not necessarily mean that crime has increased, for the total population may have increased more rapidly than the number of offenses, and in such an event criminality has really diminished. The larger number of con- victions in 1890 may. perhaps, be due to an increase in the number of punishable offenses because of the enactment of severer laws ; certain acts legally permissible in 1870 may have be- come misdemeanors in 1890. Another possible explanation of a merely apparent increase in criminality is offered by the fact that perhaps the police have become more efficient or more vigilant, and that therefore many offenders who escaped in 1870 are now brought befoi-e the courts and condemned. These three possible explana- tions are suflHeient to show how careful we must be in the employment of criminal statistics. Particularly when we go beyond the statistics of a single nation and attempt to compare two or more nations with a view to their relative criminality, we must be even more cautious. In no two countries is the criminal law the same.