The news in this publi cation is released for the press on receipt. THE UNIVERSITY OF NORTH CAROLINA NEWS LETTER Published Weekly by the University of North Caro lina for the University Ex tension Division. JULY 21, 1926 CHAPEL HILL, N C. THE UNIVERSITY OF NORTH CAROLINA FRESS VOL. xn, NO. 36 Editorial Board: E. C. Branaon, S. H. Hobbs, Jr.. L. R. Wilson. E. W. Knight. D. D. Carroll, J. B. Bullitt, H. W. Odum, Entered as second-class matter November 14. 1914. at the Postoffice at Chapel Hill. N. C.. under the act of August 24. 1912 CHIME IN THE COURTS The present article has been pre- ipared with three purposes in mind: first, to EUin up the main facts re vealed by the analysis of Superior Court reports for the two-year period ending June 30, 1926; secondly, to sug gest the bearing of these facts on the crime problem; and finally, to show how we may be able to learn more about the situation and how to control it. Articles have appeared in the News Letter from time to time describing various findings made in this study, to which the reader may turn for further information on this subject. (See ac companying Index to articles on crime.) The News Letter will present further findings from time to time as they seem significant. Most Common Offenses The following facts are based on the reports of the indictments disposed of in the Superior Courts of North Carolina for the two-year period ending June 30, 1926. These reports were incomplete in at least fifteen counties. They were so incomplete in Stanly and Gaston counties that special trips were made to obtain the information on the cases not reported. With these two ex ceptions the reports were taken as given. The total number of indict ments reported and the number for each of the more common offenses is given below: Offense 1923-4 1924-6 All Offenses Prohibition law viola tions 3,887 3,872 TiSrceny & receiving 1,773 2,010 Assault with deadly weapon Carrying concealed weapons 831 Assault (inc. A. & B.) 810 Breaking and entering 623 Driving car while drunk 496 Gambling & lottery 661 Murder & manslaughter 376 False pretense (fraud) 280 Fornication and adultery 261 Forgery 233 This leaves 3,280jndictments for vari ous other offenses in 1923-4 and like wise 3,417 others in 1924-5. If every indictment disposed of had been re^ ported, it is probable that the total would have been increased by a thou sand cases each year. Notise that the number of indict ments for assault with deadly weapon has increased while the number for carrying a concealed weapon has de creased. This may indicate that the law against carrying a concealed weap on is becoming less well enforced. Race and Sex Oifenders The following table gives the race and sex distribution of all persons in dicted: Race and Sex 1923-4 1924-5 Total Cases _ 14,484 14,929 White Male 8,300 8,186 White Female 317 424 Negro Male 6,160 6,681 Negro Female 392 406 Indian Male 69 82 Indian Female ‘ 2 3 Not Specified 244 148 According to the 1920 census North Carolina had 1,849,466 whites (includ ing a few Orientals), 697,843 negroes, and 11,824 Indians. On the basis of these population figures we find the in dictments per 1000 persons of the whole population and of each race to be as follows: Indictments per 1000 Population R^e" 192^4 1924-5 groes attracted to North Carolina from states farther south by the better op portunities for the negro to make a good living in North Carolina, but we have not yet found a reliable way of finding out the facts on this migration. Race Differences in Offenses The proportion of indictments against persons of each race varies greatly from one kind of offense to another. The following table shows the number of indictments against members of the white and negro races for the more common offenses in 1924-5. * Offense Whites Negroes Prohibition violations 2,469 1,236 Larceny and receiving Assault with deadly 877 1,110 weapon Carrying concealed 616 692 weapon 360 408 Breaking and entering 291 363 Assault (inc. A.&B.) Murder and man 351 318 slaughter 116 216 Gambling and lottery 214 199 Driving car while drunk 464 168 Forgery 193 116 Fornication and adultery 169 107 False pretense 216 83 CRIME STUDY INDEX The following is an index to pre vious articles on Superior Court Crime which have appeared in this publication. Crime and the Courts—Superior Court Convictions—Vol. XII, No.17. Black and White Crime—Superior Court Indictments—Vol. XII, No. 19. Liquor Law Violations—Vol. Xll, No. 21. Crime and Sectional Differences in North Carolina—Vol. XII, No. 24. Median Age Lower—Vol. XII, No 26. Indictments for Homicide —Vol. XII, No. 27. Crime and Age Groups—Vol. XII, No. 32. 1,184 1,242 771 690 649 636 413 337 300 282 311 This table suggests some remarks on law enforcement. Members of the which indictments were returned in the Superior Courts. Occupation and Offense It is blear from the table in the lower right corner that certain sorts of of fenses are far more common in one economic group of the population than in the others. Race differences also show here. All textile workers are whites. All negro industrial workers are classed under some other head such as factory hand, skilled trade, or un white race are charged more often 1 skilled labor. About three-fourths of the with assault with deadly weapon while unskilled laborers are negroes, and the ' same holds true of the domestic and negroes have more charges for carry-1 ing a concealed weapon chalked up a- gainst them. It seems improbable tnat negroes are less prone than whites to use the w'eapons they carry; there fore it seems likely that the law a- gainst carrying a concealed weapon is more strictly enforced against the ne groes. It is also probable that the laws against fornication and adultery are more strictly enforced against wbit^es than against negroes, judging from the greater number of whites indicted for that offense. Another factor that affects the pro portion of indictments against each race for each offense and therefore for all offenses is the tendency to dis pose of a larger proportion of the cases against negroes in the lower courts. This tendency is especially true of such offenses as assault, petty larceny, and gambling. Just how ex tensive this tendency is remains to be found out, but it certainly exists and affects Superior Court statistics in many ways. tion of nol presses and acquittals is too small. Taking only counties re porting all forms of dispositions we get 20.2 percent nol pressed, 11.1 per cent acquitted, 16.3 percent receiving suspended sentence (judgment sus pended), 6.6 percent receiving prayer for judgment continued, and 46.8 percent sentenced. Siftings by Offense The proportion of convictions re ported varies greatly for different types of offenses. In the following table the figures for convictions include judg ment suspended, prayer for judgment continued, and sentences. By subtract ing from the figures for convictions given in this table, the reader can ob tain the proportion of nol presses and acquittals combined as reported by the clerks. Percent Percent Offense Convicted Sentenced ' 54.2 77.0 79.9 47.9 74.3 48.3 63.7 45.7 62.8 45.1 72.6 65.1 60.3 46.6 62.2 16.7 personal service group. Farmers form' a larger propor tion of ^the prohibition violators than they do of any other offense type group. They also show an excess of offenses against the person, both of those types given here and of types omitted. Unskilled laborers are an ignorant and propertyless group. They form a larger proportion of those in dicted for breaking and entering and for larceny and receiving than they do of those indicted for offenses against the, person. Textile workers have an extraordinary tendency to gambling, perhaps a result of the craving for excitement due to the dullness and monotony of their mode of life. Their violations of the prohibition law con sist chiefly of drunkenness, or trans porting or possessing liquor, not so much its sale and manufacture. This is reflected in the proportion indicted for driving while drunk, an extraordi narily, high percentage when one con siders the small number of cars owned by textile workers. Textile workers also show an excess of cases of larceny. Occupations of Oifenders Age variations among those indicted j ^nd breaking and entering, character- for each type of offense have been dis cussed in a previous issue, but nothing has been said about the occupational distribution. It is here that our statistics are least reliable, but this unreliability will be discussed later. Taking the figures as they stand for the two years combined we find the following occupational distribution. (Note: The table which appears in the lower right corner presents in detail the occupational distribution of of fenders.) Item Number Percent of total For the total population 6.66 5.84 For whites 4.66 4.66 For negroes 7.96 8.71 For Indians 6-01 7.19 The reader may consider the increase in the number of indictments against negroes from 1923-4 to 1924-6 to be significant and serious. On the con trary, the most remarkable aspect of the situation is the smallness of the negro proportion in the former year, when the negro race furnished only 38.6 percent of the persons indicted in the Superior Courts. This is the smallest percentage they have furnished since the Attorney General’s office began collecting the statistics of Superior Court indictments in 1889. In 1924-6 they furnished 40.7 percent or less than in any year prior to 1922. It would be interesting to find out how many of these indictments are of ne- Total indictments 29,413 100.0 Occupations reported 24,742 Unskilled labor 10,682 43.2 Farmers 7,657 31.0 Textile workers 1,288 4.9 Commercial 939 3.8 Skilled trades Domestic and personal 932 3.8 service 766 3.1 Transportation 561 2.3 Clerical 314 1.2 “None” 379 1.6 All others 1,284 6.2 It would be interesting to know what proportion of the total population each of these groups forms. We have the 1920 census figures for the occupa tional distribution of persons gainfully employed in North Carolina, but they cannot be compared with our figures. We do not know whom the cen sus-taker called a farmer, laborer, tradesman, etc., as compared with the way the clerks of the courts classed these same persons. The most reliable figures are for textile workers. Ap proximately ten percent of the gain fully employed in North Carolina in 1920 were textile workers and that per centage is larger now. Undoubtedly a good many textile workers were not reported as such by the clerks of the courts, but it is still safe to say that they furnished far less than their nu istic of a propertyless class, Skilled workers are most of ten caught for driving while drunk, and yet they are seldom caught gambling. They show more offenses against the person than against property rights. Com mercially employed are prone to false pretense. The domestic and personal- service group is prone to immorality. Among occupations not listed, the clerically employed show an excess of forgery and gambling. Also in the “all others” group is an excess of housewives and “none” for fornication and adultery. In brief these figures indicate that the offenses a person commits vary greatly according to his station in life —his environmental conditions. In so far as we can improve his environment al conditions we can reduce the fre quency with which he will commit crime. For instance, if a large pro portion of the crime among the textile workers is a result of their craving for excitement, some way might be found by the various welfare agencies to see that they have more healthy forms of lively amusemetit. At least it is worth trying. The Siftings of Justice The reader should now have some idea of the sort of crimes committed and the sort of people committing them The next question is: What happens to them in court? The following table shows in brief how the indictments were disposed of in 1924-6: How Disposed of Number Percent Prohibition violations 76.5 Larceny and receiving 71.3 Assault with deadly weapon 67.7 Carrying cor\cealed weapons 76.3 Assault (inc. A.&B.) 74.7 Breaking and entering 84.4 Driving car while drunk Gambling and lottery Murder and man slaughter Forgery False pretense Fornication and adultery 62.8 29.4 From this table we see that the Superior Courts convicted 84.4 percent of those indicted for breaking and entering, which means that 16.6 per cent of the indictments resulted in nol presses or acquittals. At the other ex treme of the dozen most common types of offenses in the proportion of con victions obtained is false pretense with only 48.3 percent of convictions and 16.7 percent of sentences. The two main factors determining percentage differ ences in convictions and sentences between different types of cases on the docket are the difficulty of obtaining evidence and the seriousness of the offense. Serious offenses of course result in a high proportion of sentences except where it is difficult to obtain the evidence. Still another factor is public opinion as it influences the prosecutor and the judge. In some counties over 76 percent of the indict ments for violating the prohibition law result in sentences, while in other counties less than 26 percent pay the penalty. The proportion of nol presses varies correspondingly. Sentences As stated above 7,169 cases, or 48 per cent of all cases reported, resulted in sentences. Of these, 2,709 were fined, but*did not serve time. Of those serv ing time, 337 were sent to jail. 111 were assigned to be hired out, 620 were sent to the state penitentiary, and 3,227 were sent to the roads; making a total of 4,295 sentenced to serve time. Eighteen were sentenced to be elec trocuted though of course several of these escaped it on appeal or pardon. Various other sentences were imposed on 147 others, such as being sent to asylum, or ordered to leave the county or state, or being put on a term of probation under special condi tions. Indictments disposed of 14,929 100.0 Since ten clerks reported only con victions and six more reported no nol medcal proportion of the offenses for I presses, it is evident that the propor- Nol Pressed Acquitted Judgment suspended Prayer for judgment continued Sentenced 2,836 1,463 2,438 1,039 7,169 19.0 9.7. 16.3 7.0 48.0 Severity of Sentences The severity of the sentence varies greatly with the offense, the pressure of public opinion, the financial condition of the convicted, and the humor of the judge. At least fifty sentences of one cent fine and costs were imposed during the course of theyekr 1924-6, chiefly for gambling. Half of tbe fines were for fifty dollars or less and half were for fifty dollars or more. Six months is the average sentence for those sent to jail, or to the roads, or to be hired out. The median prison sentence is between three and four years. A comparison of the severity of sentences for different offenses is most interesting, but space is lacking to make it here. An example of what such a comparison would show is that of the comparative severity of fines for assault with deadly weapon and carry ing concealed weapon. The median fine for carrying a concealed weapon is fifty dollars; that for assault with aeadly weapon is forty dollars. This would seem to indicate that the for mer offense is more serious in the eyes of the law, although of course other factors influence the size of fines im posed. Repeaters In preparing these statistics no allow ance has been made for repeated indict ments against the same individual. Each individual is counted over with each ad ditional indictment made against him. It is probable that the 14,929 indictments returned in 1924-6 were returned against fewer than ]4,000 separate persons. Al lowances must be made in leases where judgment is suspended on one charge when sentence has just been imposed on another count. In such cases a large proportion of judgments suspended does not mean undue leniency on the part of the judge. In the same way the solici tor is not impairinjg the efficiency of the court by nol pressing indictments after sentence has been imposed for the most serious charge. However, this problem of repeaters does complicate the task of describing the crime situation. Further Questions The thoughtful reader probably has questions like the following in mind. How reliable are the reports which the clerks of the Superior Courts in the various counties turn in to the Attorney General? How do the offenders reported compare in kind and amount with those brought before the lower courts and with those who escape the arm of the law? How many of those caught are repeaters? How do those convicted behave after tbe machinery of justice has released them? These are fair questions to ask, but hard ones to answer. Any answers given here are incomplete and inaccurate; and yet we need to know the answers to these questions and many more before we can hope to deal effectively with the crime problem. The TasK of Investigation The investigator- does not get very far in this maze of statistics before he feels a need of improved methods of investigation. He wants more and bet ter information about each court and each case. Studies of typical criminals are now being carried on by graduate students at tbe University; out the greatest need at present is accurate, uniform, anfl complete records in the offices of clerks of court and of the various public institutions connected with the administration of justice. Few states in the Union have a oetter state wide system of criminal court records than North Carolina, and with a little more systematic care the court records of the state could well be made the best in the United States. It is hoped that it is not out of place here to urge tbe importance of more complete and ac curate records. The responsibility lies upon those whose duty it is to record the facts and report them —F.S. Wilder, Institute for Research in Social Science, University of North Carolina. OCCUPATIONAL DISTRIBUTION OF OFFENDERS The following table gives the occupational distribution of offenders accord ing to offense as reported to the Attorney General by the clerks of the Superior Courts for the two-year period ending June 30, 1926. For the total number of indictments for each kind of offense listed below, see the first table in the accompanying article. Note that only the twelve most common offenses and the seven most numer ous occupational groups are given below. Tbe table should be read thus: Of those charged with violations of the prohibition law 39.2 percent were reported as farmers, 38.0 percent were re ported as laborers, etc. Offense S.2 fi *■> All Offenses 24,742 31.0 43.2 4.9 3.8 3.8 2.3 3.1 7.9 Prohibition violations 6,426 39.2 38.0 6.0 4.1 3.6 2.4 3.2 4.5 Larceny 3,098 20.0 68.0 6.4 2.6 1.0 2.1 3.7 6-2 Assault with deadly weapon 2,176 37.6 44.6 2.0 3.3 2.4 1.7 2.9 5.5 Carrying concealed weapons 1,354 29.6 65.7 3.3 2.7 1.7 1.1 2.0 3.9 Assault (inc. A.&B.) 1,314 33.0 42.8 6.2 3.7 4.0 1.8 2.3 7.2 Breaking and entering 969 11.4 64.5 8.2 1.2 1.2 2.9 2.4 8.2 Driving car while drunk 964 34.7 33.8 8.3 7.3 6.0 3.7 .8 6.4 Gambling 744 9.5 47.2 14.4 .9 9.7 .5 3.1 14.7 Murder and manslaughter 609 32.4 46.0 1.6 3.0 1.6 4.6 3.2 7.6 False pretense 491 26.6 37.9 .8 6.7 16.9 2.0 8.6 Forgery Fornication and adultery 437 406 14.9 26.3 62.4 43.6 4.1 6.2 6.0 2.2 3.0 1.0 3.9 1.0 ZA 7.4 13.3 14.3

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