The equivalents or analogues of crime are to be found among animals other than man. Some criminologists, indeed, have sought for these equivalents in the plant world as well. The search for equivalents of crime outside of the human world is justified. Crime is a natural phenomenon, and is, therefore, closely related to other natural phenomena. In accordance with the theory of evolution we are constrained to believe that it has evolved out of other phenomena, and must seek its origin in these other phenomena.
The mammals and birds share many of the instincts and feelings possessed by man. The same is true to a less degree of the remainder of the vertebrates; while some of the invertebrates, such as the insects, probably possess at least a few of these instincts, and possibly a few of these feelings, though the last surmise is doubtful. Just as in man the social instincts and feelings, partly under the direction of the intellect, have given rise to human society, in similar fashion the corresponding instincts and feelings have given rise to a social manner of life among many of these animal species. In each of these animal societies habits and customs arise which in the long run aid the survival of the species. Consequently, acts which are contrary to these habits and customs will usually be injurious to the species, and will be reacted against by the members of the species.
Many such acts and the reactions against them have been observed among animals. Animals have been known to kill, to steal, to maltreat each other, and in many other ways to injure their congeners and their species. Furthermore, such acts have been traced to abnormal traits of the offenders which have apparently caused them. Just as in man aberrations of the instinctive, affective, and intellectual traits and the physical abnormalities which underlie these aberrations frequently lead to anti-social conduct; in similar fashion like aberrations and abnormalities lead to corresponding conduct on the part of animals. Many cases have been described where malformation of the brain, abnormalities of the viscera, nervous disorders, etc., have given rise to aberrant conduct.
Equivalents of punishment also are found among animals. When acts contrary to the habits and customs of the species are committed, members of the species have in many cases been observed to display anger and the desire to revenge which have led them to inflict pain upon the offending individual, and to drive the offender away from the group, or even to kill the offender.
I have not the space to describe in detail these equivalents or analogues of crime and of punishment among animals. But while this analogy is very significant, and should therefore be pointed out in any study of crime, it is important that the analogy should not be carried too far, as has been done by some writers. There are differences between man and the animal world which place limitations upon the analogy.
To begin with, public opinion and moral ideas are not to be found among animals, or if found at all only in a most rudimentary form; whereas these phenomena are fully developed among men, and play an important part in determining the character of crime. Neither public opinion nor moral ideas can exist without a well-developed means of communication such as speech, and man is the only animal which possesses the faculty of speech. In the second place, no animal other than man possesses religious beliefs or magical ideas, and both of these have had much influence upon crime in human social evolution. In the third place, no animal other than man has developed the state, government, and law, and these political institutions largely determine the nature of crime in the higher stages of social evolution.
Because of these differences there can be no strict analogy between " crime" among animals and crime among men. And yet some writers have tried to draw such a strict analogy. For example, one writer asserts that courts of justice and criminal procedure are to be found among animals: "The instances recorded of animals holding courts of justice and laying penalties upon offenders are too numerous and well authenticated to admit of any doubt. This kind of criminal procedure has been observed particularly among rooks, ravens, storks, flamingoes, martins, sparrows, and occasionally among some gregarious quadrupeds. It is as clearly established as human testimony can establish anything that these creatures have a lively sense of what is lawful or allowable in the conduct of the individual, so far as it may affect the character of the flock or herd, and are quick to resent and punish any act of a single member that may disgrace or injure the community to which he belongs." l This writer is interpreting in altogether too anthropomorphic a fashion the assemblies of gregarious birds at some of which offenders are punished spontaneously, but without the formal action of law and justice. About
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