CHAPTER VI

PRISONS—WHY THEY FAIL!

It is generally admitted that prison life, with its discipline and

punishments, very largely fails to reform or deter those that are

submitted to it.

The reasons are not far to seek. The very fact of a number of men, who

are prone to commit certain actions, being detained in prison, makes

it certain that many of them will again commit those actions when they

are again restored to liberty. For with liberty comes the temptation of

opportunity, and with opportunity the fall.

Moral strength cannot be developed in the absence of temptation, for

moral qualities must be free or die!

Prisons are at their best but unnatural places; for though the

machinery, discipline and even the spirit that animates the whole of

the officials be of the very best, still goodness, manhood, honesty and

sobriety cannot grow inside a prison wall.

Doubtless tens of thousands of good resolutions are formed in prison.

To many prisoners it seems impossible that they should repeat the

actions that brought about their imprisonment when once more they

are free. But they do repeat them, again and again. Prison life,

then, neither deters nor reforms. But it does other things: it

deadens, demoralises, or disgusts according to the temperament and

characteristics of the individual prisoner.

The fixed belief in the virtue and necessity of prison has had

disastrous consequences, for the State has hitherto considered it the

one great cure-all for law-breaking. It has till quite recently been

the first resource of the law, instead of its last resource, when

called upon to deal with its erring children.

Roughly, the men and women who inhabit our prisons may be classified

under five heads: First: the feeble-minded; second: the physical

weaklings; third: the vagrant; fourth: the casual offender; fifth: the

habitual offender. I believe that all our prisoners can be placed in

one or more of these divisions, though of course there are variations.

Should this be approximately the case, it is certain that a tremendous

difficulty arises when the discipline and routine of any one prison,

however well conducted, is made to serve for the whole of the classes.

This is where prisons fail, and must continue to fail if the present

methods are continued, for in our endeavours to administer equal

justice to all classes, we commit the greatest injustice; and in our

attempts to be merciful, we are cruel to many of our prisoners.

For the feeble-minded, the weaklings, the vagrants and the habituals,

prison has no terrors. To them it is at once a sanatorium and a

lodging-house, as necessary for their health and personal cleanliness

as quarantine is for those smitten of the plague.

To them the bath and the change of clothing, the clean cell, and the

regular food are comforts, even refinement. But to the casual offender

such things may be sickening and maddening beyond endurance.

To the former, the semi-idleness of prison, which makes no demand on

their physical and mental powers, is grateful and comforting. To the

man of industry, brain, imagination and culture this idle monotony

is exasperating to a degree, unless he be endowed with philosophical

stoicism.

The effect of prison discipline, then, is determined not by the rules

and routine of any particular prison, but by the temperament of the

individual under detention.

This failure to reform must not be attributed, then, to prison system

altogether, still less must it be attributed to any lack of sympathy

in the prison officials; but rather to the two facts, that prisons are

unnatural places, and that a prison population is made up of strange

and motley individuals, each differing widely from his fellows in

temperament and taste, in physical and mental capacity.

An educated and refined man, one who loves liberty and social life,

must of necessity find prison a terrible place. Should he be of a

nervous, imaginative or morbid temperament, he suffers the torments of

Hell. He knows in his heart that he has been a fool, probably he is

never tired of reminding himself of the fact; but he gets no comfort

from his knowledge, it adds no reasonableness to his disposition. He

reviews his life again and again, not with feelings of shame or sorrow,

but for the purpose of finding some excuse for himself or fixing some

blame upon others.

He is full of fear for the future, but he has no sorrow for the past;

he has no desire to undo the wrong he has done, no particular desire to

avoid such wrongs in the future.

He lives in a state of chronic irritation; he is morose or excitable

by turns. He does not find the officials sympathetic or courteous, for

they, too, are human, and even in prison like meets with like.

The sufferings of these men are intense. The iron enters into their

souls—and though their sufferings are largely self-created, they are

none the less real.

Ask such a man to give a description of prison life, and he will give

one worthy of Charles Reade.

But suppose we ask a different type of man to give us his opinion; he

may be equally well educated with the former, he may have served a

similar sentence in the same prison at the same time, none the less, he

will present us with a striking contrast.

He will tell you that the prison was dull and monotonous, but just what

he expected; that the food was unpleasant, till he got used to it;

that many things disgusted him in his early prison days, but he put

up with them. He kept all the rules, got all his “marks,” and obtained

full remission of sentence. In a word, he made the best of things.

He will tell you that he had no real work to do; that the officials

were all good to him, but they had their duty to perform, and that he

never insulted them. There was nothing of much interest going on, and

that in reality formed his punishment, for he had many interests in the

outside world.

Let me select another; this man may be considered an authority, for

although he is under sixty years of age, his sentences amount to

more than forty years. He knows Portland, Dartmoor, Parkhurst and,

of course, many local prisons. He has had as much as fifteen years

at a stretch, and as I understand he is again in prison, it is quite

possible that ultimately (unless Mr. Gladstone’s Preventive Detention

Act takes possession of him), the accumulation of his sentences may

outnumber the years of his life.

For he, too, got all his “marks” and has never failed to get three

months off every year served.

There is not an idle bone in his body; he is industrious, skilled and

intelligent; he loves liberty; to him the song of the birds and the

smiling of the flowers are pleasant; he is kind to dumb animals, and to

him children are a joy.

His health is not broken, his intelligence is not atrophied, he is

still alert and brisk—in fact, he is too much so. He knows all there

is to be known about prisons, and he knows the “ropes” too.

At liberty, he makes war upon society. In prison, he bows to the

inevitable and makes the best of things. He is, and always has been,

prepared to take the consequences, if caught, of his crime. But he has

never yet persuaded himself, or tried to persuade himself, that he is a

fool.

If again allowed liberty, he will cheerfully prepare for another

campaign, and hope for a “long run.” He weighs things up, for he is a

logician, and so many crimes are equal to so much detention.

I have many of this man’s letters from various prisons. I have details

of his daily life. He tells of being in hospital and of his better

food; he tells me that he is hoping for liberty and means to see me

again. But he never makes any complaint, neither does he complain at

liberty. Many hours have I spent with him discussing his life and

prospects, crime and prison, but no complaint about his treatment has

he ever uttered. Although habitually criminal, he considered himself

much above the bulk of prisoners, and he will tell, ingenuously

enough, that “prison is too good for most of them.” Yet he had carried

fire-arms and shot a policeman. He was not well educated, but he had

read a great deal while in prison, where he had picked up a smattering

of French.

He was a clever workman, and had developed a special branch of his

trade during his many detentions. As a prisoner he is perfect, as a

citizen he is atrocious and impossible.

If we ask the half-mad fellow who is constantly in prison for deeds

of violence to whom uncontrolled liberty means joy and life, we shall

be able to read his answer in his eyes; they tell us that revenge is

his great hope. But if we ask the aimless and hopeless wanderer who

has been certified again and again as “unfit for prison discipline,”

we find no evidence of passion, no sense of grievance and no signs to

indicate that prison was an undesirable place. Did not old “Cakebread”

go cheerfully to prison, although her detentions numbered over three

hundred!

If we seek an opinion from tramps and vagrants, they, if honest, will

tell us that from time to time prison is a necessity to them; that if

they cannot obtain entrance for vagrancy, why, then they will break

somebody’s window and so make sure of prison comforts, for it is

“better than the workhouse.”

If we consult youthful ex-prisoners, _i.e._ juvenile-adults, of whom

unfortunately I know many, we get an altogether too favourable picture

of prison life.

Many of them do not hesitate to tell us that they can “do it on

their heads.” Though physically this may be an exaggeration, yet

the expression conveys a pretty accurate description of the effect

imprisonment has had upon them. Lest it be thought that I am satisfied

with prisons as they are at present, I will point out the reforms

which I consider necessary in our penal system and our prison

administration.

1. There is too much indiscriminate and unnecessary gaoling;

prisons should be the last resource, not, as too frequently

happens, the first.

In England and Wales alone nearly 100,000 persons are committed to

prison every year because they cannot promptly pay fines that have been

imposed for minor offences.

I hold that every offender fined, if she or he possesses a settled

home, should be allowed adequate time to pay the fine. Probably this

would keep 40,000 first offenders out of prison every year, with a

corresponding reduction in the number of second offenders in the

following years.

What folly can equal the plan of bundling a decent man or youth into

the prison van, and putting all the machinery of prison into operation

because he cannot pay forthwith a few shillings!

2. The old law of restitution and reparation must be revised. The

First Offenders Act, now superseded by the Probation Act,

was not an unmixed blessing, for, while it kept thousands of

dishonest persons out of prison, it never convinced them of

the serious nature of dishonesty. To use their own expression,

“they were jolly well out of it”; consequently the wrong done to

the individual was not impressed upon them. The law had been

satisfied, to them nothing else mattered.

At the instigation of the Howard Association, Mr. Gladstone added a

clause to the Probation Act empowering courts of summary jurisdiction

to order restitution for goods or money stolen up to the value of £10.

But magistrates do not put this clause in force; yet such a clause is

not only just, but merciful.

Nothing can be worse for a young rogue than to know that he has stolen

a considerable sum of money, and spent it in wicked waste without

anything happening to him. Undoubtedly prison is bad for youths, for

a month soon goes, but during that time character, aspiration and

industry go also.

For the life of me I cannot see why orders for restitution should not

be made; neither can I see any objection to our numerous probation

officers having charge of these cases and collecting by instalments the

money ordered.

For nothing will so effectually bring home to dishonest youths the

enormity of the offences more than compulsion to pay back that which

they have stolen.

Restitution would also be the greatest punishment for adult offenders

in this direction.

For the forger, the burglar, the maker of counterfeit coins, the

manufacturer of spurious notes, and all clever, calculating and

persistent rogues other methods should be tried, for prison cannot

demoralise them.

But for a first offender, even though he be of years, who has committed

some breach of honesty, restitution seems the most effective way: the

only reasonable plan for the prevention of demoralisation and the

expense of prison.

Given, then, reasonable time for the payment of fines, a thorough

application of the Probation Act, and the establishment of compulsory

but limited restitution—given these, half our prisons may be closed.

Quite recently the governor of a large London prison declared that

one-fourth of the daily average of his prisoners ought not to be

in prison at all. I believe that statement to be below, not beyond

the truth. We can easily see that if our prison population were

reduced by one-half, great reforms would naturally follow in prison

administration. Practically there would be the same amount of work

to do in prison, for the various government departments would still

require the commodities that prison labour supplies.

Prisons would then become hives of industry instead of castles

of indolence, and prisoners would, of course, be given a much

larger financial interest in the work done. Under such conditions,

prisons, too, would naturally become pathological and psychological

observatories. With proper men, and proper time to make the

observations, prisons would reveal to us some of the dark wonders

incident to the strange mixture of humanity we thoughtlessly dub

criminal. When that happy day comes we shall be able to differentiate

between crime and disease; we shall no longer punish men for their

afflictions, but we shall treat them as patients in places other

than prisons. Look for a moment at that growing, ever-growing army

of people, the feeble-minded and irresponsibles—prisoners who are

perpetually haled in prison, and to whose ranks four hundred are added

every year. From prison to the streets, from the streets to the police

station, from the station to the police court, and from thence to

prison forms the vicious circle of their hopeless lives.

Certified as “unfit for prison discipline,” yet everlastingly in

prison; not fit for liberty, yet constantly thrust into liberty;

homeless, hopeless, friendless, battered from pillar to post, eyesores

to humanity, they tread the vicious circle. Some day we shall pity

them and care for them and give them, under control, as much childlike

happiness as they can appreciate—such work as they can do with simple

comforts and controlling discipline; but no useless liberty, no

opportunities of perpetuating their kind, no more of the vicious circle

and no more prison. And the tramps and the loafers, too, must be taken

in hand, and not with a gloved hand either, for prison is no place for

them. The month or six weeks is soon over. They have been cleansed,

they have recuperated. Then, heigho! for the hedgerows if it is summer,

the Embankment or shelters if it is winter.

Their vagrant days must end, and end in detention in some place where

the wholesome Pauline advice may be carried out—if they will not work,

neither shall they eat! but with no chance of a second generation.

And there is another class of whom I must speak, but I do so with

fear and trembling: I refer to the wild and gross women who live upon

our streets, and whose individual convictions number anything between

twenty and four hundred. Look! during the year 1906, 933 women, each of

whom had served more than ten imprisonments, were once more in Holloway

Gaol.

Some hundreds of them had been in that gaol more than twenty times

each! Many of them were known personally to me; for I had seen them in

the cells, and I had seen them at liberty; I had seen them drunk, and I

had seen them sober.

But whether sober or drunk, they are slaves of a gross, overmastering

passion elemental in its intensity—to them nothing else matters.

But the State says they are inebriates, and treats them as such. Yet

drink is but an incident in their lives and effect, and the cause of

their condition lies deeper, much deeper. Down through generations

some germs have come and have found an abiding-place in their bodies,

bearing fruition in their terrible and hopeless lives. Is an ordinary

prison a place for them? is one month’s, two months’ or six months’

detention of any avail in their case? I think not!

But ask the prison authorities, or consult the records, and you will

get an answer! Do the claims of humanity ask for no consideration?

has science nothing to say upon the matter? Are we to go on for

ever tinkering with a vital question, giving such women an endless

succession of short imprisonments which only serve the purpose of

renewing their health that their lives may be devoted to the most

fearful purpose to which any human being can be subjected?

But when all these unfortunate classes are properly cared for, we shall

still require prisons; but they must be specialised prisons, and our

officials must be properly qualified and equipped for their work.

The science of healing must play a more important part; the doctor must

be a student of mental as well as physical diseases.

When the days of short imprisonments are ended we shall probably

have a “receiving prison” to which the offenders will be sent on

conviction for “observation” and “classification,” and thence drafted

to different prisons suitable to their age, condition and ability.

For a plan of this description would bring the duties of governors,

doctors, chaplains and warders, within the sphere of possibility.

Failing this, strive as they may and do, we ask them to perform the

impossible. But in the prisons of the future, specialised as they will

be, classification will still have to play an important part; but

classification will be no longer governed by the number of convictions

a youth or adult has received but by the real character, temperament

and ability of the prisoner.

And in these prisons there will be work demanding the use of muscle or

fingers; there will be opportunities for the use of brains, and some

chance for the emotions of the heart to have play.

Consider for a moment the life of a man undergoing a five years’

sentence. It is one of deadening routine! With mechanical certitude his

actions are controlled and ordered: the same food in amount and kind at

the same time each day and served in the same manner.

The same amount of cell, the same amount of bed, no opportunities of

doing kindnesses, no opportunities for receiving kindnesses, his brain,

heart and muscles alike are kept stagnant. Yet he schools himself to

deceive, for he knows that if he plays the hypocrite long enough he

will reduce his sentence by fifteen months. Consequently he develops

a servile manner and a low cunning. Let any otherwise decent man live

this life for three years and nine months, always having before him

the one object—that of shortening his term—and I need not ask what the

psychological result will be.

Yes! this bribe to good behaviour must be abolished, even though

Captain Maconachie arise from his grave to defend it. And the prisons

of the future will know it not, for the prisoner’s release will be

determined by other conditions than mere mechanical obedience. And

with the passing of the “ticket-of-leave,” “police supervision”

is also passing; truly it is time that both were dead and buried.

Perhaps I may astonish some folk by stating that “police supervision,”

notwithstanding its impressive sound, was a farce absolute and complete.

An ex-convict had no fear of it. He could “report” himself by letter!

and I have never, though I have often inquired into such complaints,

found the statements about detective and police interference with the

employment of discharged prisoners justified; neither have I known any

“old lag” who found the supervision irksome in the least degree.

The conditions were too easily fulfilled; an occasional visit to the

police station, and then reporting by letter sufficed. But sometimes we

are apt to forget that even employers and the public have a right to

consideration equally with the discharged prisoners. Supposing, as not

infrequently happens, a dangerous rogue obtains a situation of trust

by the aid of forged character and references. What can the police do?

What ought they to do if honest? but I am quite certain any officer

that needlessly interfered with an ex-convict who was honestly trying

to obtain a livelihood would get scant mercy from his superiors. The

police and detective force know this quite well.

Mr. Gladstone’s Preventive Detention Act will do much to lighten the

labour of Scotland Yard. The pity is that it limits a sentence of

preventive detention to ten years; for at the expiration of this time,

whatever be the age, mental and physical condition or past record of

the prisoner sentenced under the Act, he must be discharged though he

be homeless, hopeless and friendless. He may, of course, be discharged

much earlier if circumstances warrant, especially if he has friends and

work to take up.

Now the men who qualify for the provisions of this Act are of two

classes. First: the determined and persistent criminal who lives by

crime, desires to live by crime, and to whom no other life has any

attraction.

Against these men, after being adjudged by a jury to be habitual

criminals, we ought to be safeguarded even as we protect ourselves

against known madmen.

The second class are criminals because they are quite irresponsible—a

helpless class of individuals who have not the ability to maintain

themselves, who can do nothing useful unless under control. Most of

the men who comprise these two classes are of middle age, many of them

decidedly old. When their preventive detention expires they will be ten

years older. I question the mercy, as well as the justice of thrusting

these old men into useless liberty. Surely it would be better to detain

them under reasonable conditions, to let them quietly die out in the

hope that few will be found to take their places. And in the days to

come that most woefully afflicted human, the epileptic, will not wear

the criminal badge or the convict’s brand, and the hideous cruelty

inflicted on these unfortunates will be no longer perpetrated.

Their sorrows and their sufferings will make no vain appeal to our

pity and care, for we shall protect them and ourselves in a human and

scientific way; but not in prison! And when that time comes the horrid

term “criminal lunatic” will also disappear from our vocabulary, for

it is high time this classification was buried and numbered with the

monstrosities of the past.

I protest against this phrase and the consequences that attach to

it. Verily it passes the wit of men to conceive how any one can be a

criminal and a lunatic at one and the same time, for if he be the one

he cannot be the other. So Broadmoor will become the “State Asylum,”

and the cruel farce of putting undeniably insane people on their trial

will no longer be tolerated, for quietly and mercifully, after due

certification they will pass to the mental hospital with no brand of

criminality upon them. But I would ask: Are we to be for ever impotent

before disease of the brain? Are physical afflictions and deprivations

to remain for ever unconsidered when justice holds the scales, and when

punishment is decreed? I think not! nay, I am sure, for in the prisons

that are yet to be the paternal hand of the State, while exercising

a restraining power over its stricken children, will consider their

afflictions and limitations and have mercy upon them.

Then, blighted youth, blighted through poverty; disease, malformation

or accident will be no longer neglected even though it be criminally

inclined; then, the reproach that the State helps only those that can

help themselves will be wiped out; then, even in our prisons, the

weaklings will receive some portion of their due, and the days of

criminal neglect will be ended.

THE END

_Richard Clay & Sons, Limited, London and Bungay._

Transcriber’s Notes

Minor punctuation and printer errors repaired.

Italic text is denoted by _underscores_.

Psychology and Crime · 第 6 / 6 章