CRIMINAL OFFENDERS IN ENGLAND AND

SCOTLAND.

The most important information on legal and moral statistics will be derivable from the minute and systematic series of Returns of Criminal Prosecutions now annually presented to parliament from both ends of the land. We have now before us the respective returns for England and Scotland for 1841. Thẹ result continues to exhibit - what has often been shown by able writers-the great superiority of the Scottish system of procedure, through stipendiary prosecutors and convictions by a majority of the jury, as a means of coming at the truth, and convicting the accused when he is guilty. In England the number of persons committed for trial, or bailed, during the year, is 27,760. This includes the cases where bills were ignored by grand juries, amounting to 2,048 ; and likewise cases not prosecuted, amounting to 386; leaving 25,326 cases brought to trial. In these, the acquittals by findings of not guilty were 5,018, being 19 and 4-5ths per cent. of the whole number tried. In whatever way this be contemplated, it shows a fearful state of defectiveness in the law. If we presume these 5,018 men to be all innocent, then has the uncertainty and caprice of the English law exposed that number to the risks of a trial, and the certainty of ruined fortunes and a blighted reputation. If we suppose them all guilty, then has the law, by its feebleness, left society exposed to the machinations of 5,018 acknowledged criminals.

In Scotland, the total number of "offenders" (as they are very inaccurately called, since the term includes not only those who are acquitted, but those who are discharged before trial) was 3,562. From this number we have to deduct 653, who were discharged before trial; when we have 2,909 actually brought to trial. Of these the number acquitted was 216, or 7 and 2-5ths per cent. Yet, even this small number are not sent forth with a vague and general finding of not guilty, as in England. In 191 cases, the verdict is "not proven"-a declaration of suspicion, which tells the world, that the accused must produce something more than what appeared at his trial before society can receive him as an innocent man. This is a species of verdict both just and humane to those whose innocence is undoubted; for it leaves room to draw a distinct line between them and the suspected. So cautious have our juries been in returning the higher verdict, that there are only twenty-five causes (not one per cent. in the number brought to trial) where the verdict is "not guilty."

But, in the practice of our system, it must be admitted that there is a very formidable exercise of discretionary power. Thus we find, that, of the 3,562 persons charged with offences, 437, or more than 12 per cent. are discharged by the Lord Advocate and his deputies before trial. This is too large an irresponsible power to be lodged in the mere partisans of the ministry of the day. The time is perhaps past when it could be employed in the way of oppression; but, in the way of favour and protection, it may be exercised to an extent which is the more dangerous to the pub

lic, as it is less likely to create the personal hostility which might cause it to be exposed. It is, in short, putting into the hands of a subordinate officer acting in secret that prerogative of pardon which the crown exercises under the controul of public opinion. It is right that the public prosecutor should be removable at the will of the sovereign-that he may thus, by being responsible to the home office, be under the controul of the house of commons; but the controul would be not less efficacious, and the business of the office would be more impartially and effectively performed, if the crown prosecutor, with his troop of assistants, were not removed with every change of administration.

The influence of education* on crime, as exhibited in the Scottish tables, is highly instructive. Of the 3,562 accused persons (it would have been more satisfactory if the analysis had embraced only those convicted,) 435 males and 261 females (696 in all) could neither read nor write. Of those able to “read, or read and write imperfectly," there were 1,562 males and 676 females (2,238); of those who could read and write well, there were 476 males and 73 females (554); and of those who had a superior education, there were 39 males and three females (42). It thus appears that it is not the mere ability to read and write that will serve as a restraint on crime: education must have gone the length of opening the moral faculties, and giving the individual the means of knowing

*KNOWLEDGE is the treasure of the mind; DISCRETION the key to it; and it illustrates all other learning, as the lapidary doth unpolished diamonds.

his responsibilities to society. In Scotland, where a "superior education" is so wide-spread a blessing, out of 3,530 persons (there are 32 whose state of instruction could not be ascertained), it is an instructive fact, that only 42 come from the numerous class of the well-instructed. In England, out of the 27,760, the numbers (deducting 629 not ascertained) arewho could neither read nor write, 7,312 males and 1,908 females (9,220); who could read, or read and write imperfectly, 12,742 males and 2,990 females (15,732); of those who could read and write well, there were 1,839 males and 214 females (2,053); and of those whose education was superior, there were 126 males and not one female. It would appear, indeed, that the proportion of female to male offenders decreases progressively with the increase of education.

The amendments recently made in the criminal code are conspicuous in the returns for England. These show that eighty persons were condemned to death, of whom ten were executed-nine for murder, and one for an attempt on life. As the law stood in 1831, there are no less than 2,172 cases in these returns against which the punishment of death would have been awarded. It appears that in the number of convictions for the offences for which capital punishment has been repealed, there is a decrease, during the past year, to the extent of more than four per cent. This is to be attributed to the greater certainty of conviction, where the feelings of those who pursue are not shocked by the fear of capital punishment being awarded.

FRENCH CRIMINAL STATISTICS.

Some curious results have lately been presented to the Academy of Sciences, upon the progress of crime. It has been found that the mean annual progress of crime from 1825 to 1838 has been of

79 on 2,099 (annual mean) accused of crime against

25

persons.

894 against property other than robberies. 57215,936 simple or qualified robberies.

1,237 - 38,540 condemned of any offences except simple robberies and forest crimes (delits forestiers). 74- 2,030 suicides.

That giving a total of 1,990 on 59,499 crimes, offences, or suicides, or about 2,000 on 60,000, or 1-30th of the annnal mean.

Two curious facts present themselves, that is, that accusations against men working in silk, wool, cotton, &c. diminish continually; while on the contrary, among domestic servants attached to the person the number frightfully augments, being no less than 1-14th annually.

Investigations have been carried on as to specific crimes at various periods of human life, and it appears that forgeries (faux) have a maximum at 30 to 35 years of age, which is the age of business.

Incendiaries have their maximum from 40 to 45

years.

Suicides increase nearly regularly, and have their maximum between 70 and 80 years of age.