CRIMINAL ANTHROPOLOGY. 667 



to be separated. The first belonged to the judge and the court, and the 

 second belonged to the administration of the ])euitentiary. He thought 

 these ought to be kept separate, and it was clearly his opinion that the 

 judge or the court alone should decide upon the culpability of the in- 

 dividual and the application of the penal law. The administration of 

 the penitentiary should be composed of, or should call to its aid, the 

 most competent scientific gentlemen, who would be able to pass upon 

 any question concerning the physical, physiological, or psychological 

 characteristics of the individual, and this, taking in consideration his 

 antecedents, his social condition and surroundings, his education, com- 

 panions, etc., together with his conduct while in prison, would enable 

 them to decide upon the application of the conditional liberation.* 



M. Bertillon, while giving all credit to the scientific investigations 

 mentioned, begged the congress not to forget that the final end was 

 primarily for the safety and well-being of society, and the reformation 

 or well-being of the criminal only secondary. 



Question IX. — Crime in its relation with ethnography. Dr. Alvarez 

 Taladriz, of Valladalid, reporter. 



M. Ferri had already described the ethnic influence upon crime, so 

 Dr. Taladriz sought to establish a tendency towards crime on the part 

 of a whole ])eople; the criminality of a nation or of races. He sought 

 to show how the crimes in the Northern, Middle, and Southern Spain, 

 were different, and also the difference in criminals. He declared this 

 difference to be due to the advent of Charles I and Philip II, as Kings, 

 and that it was but an exposition of the ferocious instinct of the primi- 

 tive inhabitants of the forests of Germany. 



The mesologic influences are confirmed by history in such manner as 

 that it ought to recall to the student of sociologic influence the statis- 

 tics of offenses committed in the cold and warm countries, those be- 

 tween the region of the North and the region of the South. These ques- 

 tions have not been studied from a geographic or ethnic point of view. 

 It is proper that they should be. There probably is no place in which 

 this ethnic influence upon crime could be studied with greater success 

 and accuracy than in Spain, where there are such ethnic differences 

 between the people of the different parts of that country, and where 

 one will find a corresponding difference in the crimes committed. la 

 the north of Spain offenses are of a character distinct from those of 

 the center and south. Crimes against person and property are rare. 

 Those which exist are the result of inherited, primitive usages and cus- 

 toms like in the vast mountainous Basque provinces of Catalonia, the 

 kingdoms of Galicia, the Asturias, and Leon, where assassination and 

 homicide show the terrible characters of the sediment of population 



* The legislatures of Massachusetts aud New Jersey have lately adopted a system 

 of conditioual liberation. 



