PUNISHMENT.

People are sentenced to a term in prison on account of crime committed.

There are two systems of punishment. One is called punitive or

retributive system, the other the corrective or reformative. Until

within the last few years the punitive system was almost the exclusive

one. However, our humane officers, prison officials, lawmakers and

statesmen are not only learning better ways of bringing men and women

thus incarcerated into subjection, but in many places are making and

enforcing laws which require that prisoners be more humanely treated

and receive better care and accommodations. Men have resorted to

almost every possible device in order to make bad men good and raise

them from ignorance to intelligence, and in so doing have inflicted

the most severe punishment, causing the prisoners to pass through

severest ordeals and most terrible sufferings imaginable. When we say

there has been a radical change in many of our prisons in the land in

discarding the severe corporal punishment, we do not wish to convey

the idea that all prisons have yet accepted the more humane ways of

governing the prisoners under their charge. When we say some of these

punishments have been and are yet severe it does not fully express

the facts of the case. The word “severe” is not a strong enough word.

There have been and are yet punishments that are brutal—brutal to the

extreme. Many prisoners who are within the prison walls carry the deep

lash marks of the whip; the unjointed and deformed thumbs resulting

from the punishment of being hanged by the thumbs; and there are other

deformities. Many of us can no doubt remember the time of our early

days in the country school when the schoolmaster was almost constantly

with a beach or birch whip in his hand, something equal to an ox goad.

This instrument for correcting the youths of our land and bringing

them into subjection, when not in the schoolmaster’s hand was in the

corner near by and was generally freely used. There have been, however,

such a radical change and better modes of government brought about,

that many schools are taught without once using such an instrument of

punishment. If such a successful change has been made in our public

schools, surely as radical a change can be made in our prisons, to take

the place of the brutality of the past. Concerning the easy government

of the prisoners there is much that depends upon those in charge of the

prisoners. The warden, chaplain, and prison guards who have direct care

of the prisoners should be good, whole-souled men, kind and benevolent,

and who are capable of appreciating the good traits of a man even

though they may be covered by many dark ones. They should be good

readers of human nature and understand the dispositions of those under

their charge. They should be firm and unyielding to their trust, yet

loving and tender.

Mr. Meade, warden of the state prison at Auburn, N. Y., says: “Till the

nature of criminals undergoes a complete change, nay, till the nature

of man is much altered, there will be times when punishment must be

inflicted on prisoners. Much as we have gained on using the modern

reformed treatment, and much as we may justly expect to gain in the

future, the fact remains that there are times in the prison life of men

when the results of their former passions crop out irresistibly, making

them for a time not accessible to friendly reproof. At such times, for

the effect it has on others, but quite as much for its effect on its

misdemeanant, it is necessary to forcibly bring him to recognition of

his obligations and his duty. But to my mind forcible restraining,

or to employ the common term, punishing a convict, does not require

the use of the paddle or other instruments of torture; furthermore, in

my judgment, such process should be condemned in the strongest terms.

For they tend to imbitter not only the man punished but all prisoners

against the officers of the prison, the rules of the prison, and law

itself. One instance of the use of the paddle would do more to destroy

the desired friendly relation between officers and men than many months

of considerate treatment could restore. No! Experience has proved to

me that when it is imperative that an inmate be punished, the screened

cell or dungeon without discretion furnishes an effective mode. Such

cells should be kept dry and well ventilated, but wholly devoid of

furnishings. Confining men thus and supplying them with a very limited

amount of food and water has, in the great majority of cases which

have come under my observation, speedily brought the desired result of

making a man see the advisibility of abiding by the regulations of the

institution.”

There are also other ways, however, of vividly impressing the minds of

those who are disorderly, or who insist on not observing the prison

rules. Most prisons have what is called “short time;” that is, for

good behavior their sentence is shortened so many days each month, and

in some prisons a certain percentage of the worth of their labor is

placed to their credit for good behavior. One of the effective ways

of bringing them to time when they become stubborn and rebellious,

refusing to obey the rules, is to withhold the commutation, or short

time, and also deduct so much of the compensation money that has been

placed to their credit. This is generally much more effective and

pleads to the reason and common sense of the prisoner more than some

forcible persuasion by way of corporal punishment.

For certain offences some are black-listed to be punished in various

ways. One is, during working hours or while others are resting or at

services on Sunday, the disobedient convict is to march for a few hours

around the prison square and carry a heavy piece of railroad iron,

weighing from fifty to one hundred pounds.

[Illustration: The Black List.]

Captain Smith, a few years ago, in giving his biennial report of the

Kansas prison, said: “The discipline has been carefully looked after

and as a general thing prisoners yield to a strict discipline better

than most people think. They seem to see and realize the necessity of

rules and very seldom complain, if they violate them, at the punishment

that is sure to follow. Our punishments are of such a character that

they do not degrade. Kansas, when she established her penitentiary,

prohibited corporal punishment. She is one of the few states that

by law prohibits the use of the whip and strap, taking the position

that it is better to use kindness than to resort to brutal measures.

I have often been told, and that too by old prison men, that

it is impossible to run a prison and have first-class discipline

without the whip. Such is not my experience. We have had within our

walls perhaps as desperate men as ever received a sentence. We have

controlled them and have maintained a good discipline second to none

in the country. How did we accomplish this? Our answer is, By being

kind but firm, treating a man, although a prisoner, as a man, and if

he violates rules, lock him up and give him an opportunity to commune

with himself and his Maker; also give him to understand that he is the

executioner of his own sentence, and when he concludes that he can

do right, release him. It matters not how vicious, how stubborn, or

what kind of a temper he may have, when left with no one to talk to

and an opportunity to cool down and with the knowledge that when he

comes to the conclusion that he will do better he can be released, he

leaves the cell feeling very different from the prisoner who leaves

the whipping-post after having received any number of lashes that the

brutal officer may desire to inflict. One goes to his work cheerful

and determined to behave himself; the other dogged, revengeful, and

completely humiliated, only lives in hope that he may at some time take

his revenge upon the person that ordered or inflicted the punishment

and upon the state or country that would by its laws tolerate such a

brutal or slavish practice.”

Behind the prison bars · 第 38 / 97 题