nd by the
unscrupulous hounding of the machinery of the law. Archie and
Flaherty are but the types of many thousands, demonstrating how the
legal aspects of crime, and the methods of dealing with it, help to
create the disease which is undermining our entire social life.

"The insane criminal really can no more be considered a criminal than
a child, since he is mentally in the same condition as an infant or
an animal."[3]

The law already recognizes that, but only in rare cases of a very
flagrant nature, or when the culprit's wealth permits the luxury of
criminal insanity. It has become quite fashionable to be the victim
of paranoia. But on the whole the "sovereignty of justice" still
continues to punish criminally insane with the whole severity of its
power. Thus Mr. Ellis quotes from Dr. Richter's statistics showing
that in Germany, one hundred and six madmen, out of one hundred and
forty-four criminal insane, were condemned to severe punishment.

The occasional criminal "represents by far the largest class of our
prison population, hence is the greatest menace to social
well-being." What is the cause that compels a vast army of the human
family to take to crime, to prefer the hideous life within prison
walls to the life outside? Certainly that cause must be an iron
master, who leaves its victims no avenue of escape, for the most
depraved human being loves liberty.

This terrific force is conditioned in our cruel social and economic
arrangement. I do not mean to deny the biologic, physiologic, or
psychologic factors in creating crime; but there is hardly an
advanced criminologist who will not concede that the social and
economic influences are the most relentless, the most poisonous germs
of crime. Granted even that there are innate criminal tendencies, it
is none the less true that these tendencies find rich nutrition in
our social environment.

There is close relation, says Havelock Ellis, between crimes against
the person and the price of alcohol, between crimes against property
and the price of wheat. He quotes Quetelet and Lacassagne, the
former looking upon society as the preparer of crime, and the
criminals as instruments that execute them. The latter find that
"the social environment is the cultivation medium of criminality;
that the criminal is the microbe, an element which only becomes
important when it finds the medium which causes it to ferment; EVERY
SOCIETY HAS THE CRIMINALS IT DESERVES.