384 HUMAN BIOLOGY 



THE PLACE OF SCIENCE IN THIS FIELD 



It is certainly pertinent, after this cursory review of 

 theoretical criminology, to ask by what right, or for what 

 reason, science invades this field. At least one may inquire 

 why the biological or psychological sciences should play 

 any part in the study of treatment of offenders against 

 society. It will readily be granted that sociology is involved; 

 indeed, the law itself as social regulation belongs to the 

 data of sociology. Or put it otherwise, why not leave the 

 whole matter of dealing with antisocial conduct, particularly 

 crime, to the law and, in order to meet the needs of society, 

 call for a finer development of legal procedure? 



One answer to this is that individuals showing certain 

 deviations from the norm, such as mental defect, nervous 

 disease, or mental instability, more easily succumb to 

 influences conducive to antisocial behavior than the ordinary 

 run of mankind. There are, then, some definite correlations 

 between what biological science can discern and the exhibi- 

 tion of specific conduct tendencies, making for some pre- 

 dictabilities which may be the bases of good social 

 therapeutics and prophylaxis. 



A second answer might be that the law, in undertaking 

 measures for the protection of society, is provably a very 

 considerable failure in what it essays to accomplish. If it 

 be argued, in turn, that it is only the modern and more 

 humanitarian law and the weakness of modern judges that 

 prevents the law from being successful, we have only to 

 consult the annals of history and find that the harshness of a 

 Lord Jeffries, or hangings for sheep steahng, or lopping off" 

 ears and hands, by no means stamped out crime. Statistics 

 of recidivism (repetition of offense after the law has dealt 

 with the individual), wherever they are available, show that 

 penalties inflicted by the law are, very commonly, no effec- 

 tive deterrent to criminal proclivities on the part of the 

 offender punished. Few figures are available for the United 

 States because of the backwardness of any attempt on our 

 part to look with scientific spirit into what is accomplished 

 with criminals, but it is well known that the amount of 

 recidivism is appalling; a tremendous number of those who 

 are punished have been punished before. An English jurist, 



