CHAPTER VIII.

THE PUNISHMENT OF CRIME.

In a previous chapter the deterrent action of punishment on the

criminal population has been pointed out. It now remains for us to

consider the nature of punishment, and the methods by which punishment

should be carried out. What is punishment as applied to crime?

According to Kant it is an act of retribution; it consists in

inflicting upon the criminal the same injury as he has inflicted on

his victim. It is an application by society of the principle of "jus

talionis." Such a definition of punishment does not harmonise with the

facts. We cannot punish the slanderer by slandering him in turn; and

in punishing the murderer, it is impossible to torture him in the same

way as he has probably tortured his victim. According to the theory of

retribution, punishment becomes an end in itself; it is quite

unrelated to the benefits it may confer on the person who is punished,

or on the community which punishes him.

The difficulties surrounding the theory of retribution have led to

other definitions of punishment. Punishment, it is said, is not

inflicted on the offender as a retribution for his misdeeds, it is

inflicted for the purpose of protecting society against its enemies.

Such a view leaves moral considerations entirely out of account; it

leaves no room for the just indignation of the public at the spectacle

of crime. It is defective in other ways. For instance, a criminal has

a particular animosity against some single individual; it may be he

murders this person, or does him grievous bodily harm. Such an

offender has no similar animosity against any one else; as far as the

rest of the community is concerned he is perfectly harmless. On the

supposition that punishment is only intended to protect society

against the criminal, a man of this description would escape

punishment altogether. Or supposing a man (and this often happens),

after committing some serious crime for which he is sent to penal

servitude, sincerely and bitterly repented of it, and would be, if

released, a perfectly harmless member of the community, such a man,

according to the theory we are now discussing, should be released at

once. The certainty that the public conscience would tolerate no such

step shows that punishment has a wider object than the mere attainment

of social security.

Punishment is only a means say some; its real end is the reformation

of the offender. The practical application of such a principle would

lead to very astonishing results. It is perfectly well known that

there is no more incorrigible set of offenders than habitual vagrants

and drunkards. And on the other hand, the most easily reformed of all

offenders is often some person who has committed a serious crime under

circumstances which could not possibly recur. According to the theory

that reformation is the only end of punishment, petty offenders would

be shut up all their lives, while the perpetrator of a grave crime

would soon be set free. An absurd result of this kind is fatal to the

pretention that punishment is merely a means and not also an end.

Is it the end of punishment to act as a deterrent? We are often told

from the judicial bench that a man receives a certain sentence as a

warning and example to others. If such is the end of punishment it

lamentably fails in its purpose, for in a number of cases it neither

deters the offender nor the class from which the offender springs. It

was under the influence of this idea that criminals used to be hanged

in public, but experience failed to show that these ghastly

exhibitions had much deterrent effect on the community. Besides, it is

rather ridiculous to say, I do not punish you for the crime you have

committed, I punish you as a warning to others. In these circumstances

the effect of punishment is not to be upon the person punished, but

upon a third party who has not fallen into crime. Unless the

punishment is just in itself, society has no right to inflict it in

the hope of scaring others from criminal courses. Justice administered

in this spirit, turns the convicted offender into a whipping boy; the

punishment ceases to be related to the offence, and is merely related

to the effect it will have on a certain circle of spectators.

In our view, punishment ought to be regarded as at once an expiation

and a discipline, or, in other words, an expiatory discipline. This

definition includes all that is valuable in the theories just

reviewed, and excludes all that is imperfect in them. The criminal is

an offender against the fundamental order of society in somewhat the

same way as a disobedient child is an offender against the centre of

authority in the home or the school. The punishment inflicted on the

child may take the form of revenge, or it may take the form of

retribution, or it may take the form of deterrence, but it undoubtedly

takes its highest form when it combines expiation with discipline.

Punishment of this nature still remains punitive as it ought to do,

but it is at the same time a kind of punishment from which something

may be learned. It does not merely consist in inflicting pain,

although the presence of this element is essential to its efficacy; it

consists rather in inflicting pain in such a way as will tend to

discipline and reform the character. Such a conception of punishment

excludes the barbarous element of vengeance; it is based upon the

civilised ideas of justice and humanity, or rather upon the sentiment

of justice alone, for justice is never truly just except when its

tendency is also to humanise.

"Sine caritate justicia

Vindicationi similis."

From the theory of punishment let us now turn to its methods. The most

severe of these is the penalty of death. A great deal has been said

and written both for and against the retention of this form of

punishment. To set forth the arguments on both sides in a fair and

adequate manner would require a volume; it must, therefore, suffice to

say that in the field of controversy the contest between the opposing

parties is a fairly even one. In fact, looking at the matter from a

purely polemical point of view, the advocates of the death penalty

have probably the best of it. It has, however, to be remembered that

such questions are not solved by battalions of abstract arguments, but

by the slow, silent, invisible action of public sentiment. The way in

which this impalpable sentiment is moving on the question of the death

penalty may be seen, first, in the manner in which crime after crime

during the present century has been excluded from the supreme sentence

of the law, and secondly, in the steady diminution of capital

executions throughout the civilised world. If the present drift of

feeling continues for another generation or two it is not at all

improbable, in spite of temporary reactions here and there, that the

question of capital punishment will have solved itself.

Another form of punishment is transportation. As far as Great Britain

is concerned, transportation possesses only a historic interest. No

one is now sent out of the country for offences against the law.

Experience showed that penal colonies were a failure, and that the

truly criminal could be more effectively dealt with at home. Within

recent years the French have resorted to the system of transportation;

but, according to several eminent French authorities, the penal

settlement in New Caledonia is hardly justifying the anticipations of

its founders.

Penal servitude has taken the place of transportation in Great

Britain. Every person sentenced to a term of five years and over

undergoes what is called penal servitude. The sentence is divided into

three stages. In the first stage the offender passes nine months of

his sentence in one of the local prisons in solitary confinement. In

the next stage he is allowed to work in association with other

prisoners; and in the last stage he is conditionally released before

his sentence has actually expired. If a prisoner conducts himself

well, if he shows that he is industrious, he will be released at the

expiration of about three fourths of his sentence. If, on the other

hand, he is idle and ill-conducted, he will have to serve the full

term.

During the first nine months of his confinement the convict sentenced

to penal servitude is treated in exactly the same way as a person

sentenced to a month's imprisonment; the only difference being that he

is provided with better food. During the period of detention in a

Public Work's Prison the convict may, if well-conducted, pass through

five progressive stages; each of these stages confers some privileges

which the one below it does not possess. The first stage of all is

called the Probation Class. In this, as well as in every succeeding

class, a man's industry is measured by a process called the Mark

system. This system is somewhat similar to the method adopted for

rewarding industry in our public schools. In those schools a boy's

diligence is recognised by his receiving so many marks per day, and he

would be an ideal pupil who received the maximum number of marks. In

convict prisons, on the other hand, the maximum number of marks, which

is eight per day, can easily be earned by any person willing to do an

average day's work. If a convict earns the maximum number of marks per

day for three months he is promoted at the end of that time out of the

Probation Class into a higher stage called the Third Class. He must

remain in the third class for at least a year; while in this class he

is permitted to receive a visit and to write and receive a letter

every six months. He is also rewarded at the rate of a penny for every

20 marks, which enables him to earn twelve shillings in the course of

the year.

After the expiration of one year in the Third Class the prisoner, if

he has regularly earned eight marks a day, is advanced to the Second

Class. In this stage he can receive a visit and write and receive a

letter every four months. He is allowed a little choice in the

selection of his breakfast; the value attached to his marks is also

increased, and he is able in the Second Class to earn 18 shillings a

year. At the termination of a year, if a prisoner continues his habits

of industry, he is promoted to the First Class. Persons whose

education is defective are not permitted to enter the First Class,

unless they have also made progress in schooling. In the First Class a

man is allowed to receive a visit and to write and receive a letter

every three months. He is also given additional privileges in the

choice of food. In the First Class he can earn 30 shillings a year.

Above the First Class is a Special Class composed of men whose conduct

has been specially exemplary. Men may be admitted into this class 12

months before their liberation; they may also be placed in positions

of trust and responsibility in connection with the prison, and are

able to earn a gratuity amounting to six pounds. Such men are, as a

matter of course, liberated at the expiration of three fourths of

their sentence, which means that a term of five years' penal servitude

is reduced to somewhat under four years.

For female convicts all these rules are modified and mitigated.

Isolation is not so strictly enforced; a female may be liberated at

the expiration of two thirds of her sentence; she may also earn four

pounds instead of three, which is the highest sum men can receive,

except the limited number in the Special Class. Corresponding to the

Special Class of male convicts, there is among the females what is

called a Refuge Class. Well-conducted women undergoing their first

term of penal servitude are placed in this class, and nine months

before the date on which they are due for discharge on ordinary

licence, that is to say, nine months before they have finished two

thirds of their sentence, they are released from prison and placed in

some Home for females. Two Homes which receive prisoners of this class

are the Elizabeth Fry Refuge and the London Preventive and Reformatory

Institution. These Homes receive ten shillings a week for the care of

each inmate confided to them by the State, and the time spent there is

used as a gradual course of preparation for the re-entrance of these

unfortunate people into ordinary life. According to this method

females, after a prolonged period of imprisonment, are not thrown all

of a sudden upon the world; they re-enter it by slow and imperceptible

stages, and are thus enabled to commence life afresh under hopeful and

salutary conditions.

Male convicts on their release from penal servitude are, if they

desire it, assisted to obtain employment by Discharged Prisoners' Aid

Societies. The way in which assistance is rendered by the Royal

Society, Charing Cross, which may be considered as a type of most of

these societies, is as follows:--

"The convicts on their discharge are accompanied to the office of the

Society by a warder in plain clothes. They are there received by the

Secretary and the member of the Committee who, according to a fixed

rota, attends daily for this purpose. The first step is to give them a

plentiful breakfast of white bread, bacon and hot coffee. When this is

finished they are invited to come forward and state their hopes and

intentions as to the future. Full particulars of the nature of the

crime, the sentence, and the antecedents of the convict have been

previously received from the prison, and this information is, of

course, of the greatest value as a guide to dealing with the

particular case. After friendly discussion with the convict at one or

more interviews, and further inquiry, if need be, by the officers of

the Society, the course to be taken in each case is decided upon and

carried out as soon as possible, either by the officers of the Society

or through other agency. In cases of emigration and other cases where

it is advisable, the gratuities received from Government are

supplemented by donations from the funds of the Society; and, if not

already supplied by the prison authorities, a respectable suit of

clothes of a character fitted for the work on which the recipient is

to be employed is provided.

"The cases of men or women who elect to remain in or near the

Metropolis are usually dealt with directly by members of the Committee

and officers of the Society; others prefer to seek work for

themselves; but, meanwhile, respectable lodgings are provided till

work is obtained. Others who prefer a sea life are sent to the care of

agents until ships can be found for them--a few selected cases are

sent abroad." In the case of persons proceeding to seek work at a

distance from London, the Royal Society communicates with Discharged

Prisoners' Aid Societies in the country, and these Societies take such

cases in hand.

Another admirable Society for dealing with discharged convicts is the

St Giles' Mission, Brook St. Holborn. This Society provides a home for

the person whose sentence has expired; it is managed by a man (Mr.

Wheatley) possessed of an unsurpassed knowledge of the work; and it is

year by year rendering effective service to the convict population.

Some idea of the work accomplished by Societies such as those just

mentioned may be gathered from the fact that about two thirds of the

discharged convicts are annually passing through their hands; the

other third declining or not requiring assistance by such methods.

What is wanted to perfect the working of the institutions we are now

describing is increased public support; even now the Royal Society was

able to state in one of its reports, "that no discharged convict, who

is physically capable and willing to work, has any excuse for

relapsing into crime."

This brief sketch of the manner in which a sentence of penal servitude

is carried into effect will afford some idea of the nature of this

method of punishment. We shall now proceed to describe another mode of

dealing with offenders against the fundamental order of society. In

addition to convict establishments there exists throughout the United

Kingdom a large number of places of confinement called Local Prisons.

In England and Wales there are about sixty Local Prisons; in Scotland

there are about twenty; in Ireland there are about eighteen. In

Scotland and Ireland persons sentenced to a few days' imprisonment are

often confined in police cells, in England all convicted offenders

serve their sentence, however short, in a regular Local Prison.

Before 1877 the Local Prisons of England and Scotland were under the

control and administration of the County Magistrates, and almost every

county had then its own prison. One of the chief defects of this

system was the multiplication of prisons; one of its chief virtues was

that local power kept alive local interest in a way which is

impossible with highly centralised machinery. Where prisons are small

and numerous, as was to some extent the case under the old system, it

is difficult to conduct them so economically; on the other hand, the

herding of great masses of criminals together in huge establishments

is not without corresponding evils. It is now being pointed out by

specialists on the Continent and in America that huge prisons destroy

the individuality of the prisoner; his own personality is lost amid

the hundreds who surround him; he sinks into the position of a mere

unit, and is obliged to be treated as such by the officials in charge

of him. Under such a system it becomes almost impossible to

individualise prisoners; there is no time for it; as a result, the

influence of reformative agencies descends to a minimum and only the

punitive side of justice comes home to the offender. At one time the

value of Reformatory Schools was seriously impaired by herding too

many lads together under one roof; it is now seen that the success of

these institutions is marred by making them too large; it is accepted

as an established maxim that the smaller the school the better the

results. The same principle holds true with respect to prisons.

When the County Magistrates were deprived of their powers by the last

government of Lord Beaconsfield, these powers were in England vested

in the Home Secretary; in Scotland they were latterly vested in the

Secretary for Scotland; in Ireland they are vested in the Chief

Secretary. Under each of these Parliamentary heads there is a body

called the Prison Commissioners or Prison Board. These Commissioners

are centred in London for England; in Edinburgh for Scotland; in

Dublin for Ireland. Under them is a body of Prison Inspectors, and

last of all there comes the actual working staff of the Local Prisons,

consisting of warders, schoolmasters, clerks, governors, chaplains,

and doctors.

Wherein does the Local Prison system as worked by this staff differ

from the system in operation in convict prisons? Perhaps the

difference will be best expressed by saying that work in association

is the centre of the convict system, while work in solitude is the

central idea of the Local Prison system. This definition is not

absolutely correct, for convicts, as we have seen, are subjected to

nine months' solitary confinement at the outset of their sentence, and

in some Local Prisons a certain amount of work in common is performed,

but, taken as a whole, work in common is the central principle of the

one; work in solitude the central principle of the other.

Work in solitude means that the prisoner is shut up in an apartment by

himself which is called his cell. Each cell is provided with an

adequate supply of air and light, and is heated in the winter up to a

sufficiently high temperature for health and comfort. The cell

contains a bed and other personal requisites; it also contains a copy

of the prison rules. Before the prisoner is finally allocated to a

certain cell he is seen by all the superior officers of the prison.

His state of health is inquired into, so as to determine the nature of

his work, and if he is not too old to learn, and has received a

sentence of sufficient length to make it worth while instructing him,

his educational capabilities are specially tested. The seclusion of

the cell is varied by a short service in the prison chapel every

morning and an hour's exercise in the forenoon. It is further varied

in the case of young boys by daily attendance at the prison school.

The cellular system is an application of the old monastic system to

the treatment of criminals. The first cellular prison was built in

Rome by Pope Clement XI. at the commencement of the eighteenth

century; its design was taken from a monastery. The idea passed from

Rome to the Puritans of Pennsylvania; and it has now taken root in all

parts of the civilised world. The believers in the cellular system say

that it prevents prisoners from contaminating each other; it prevents

the hardened criminal from getting hold of the comparative novice;

according to this system, although the offender is in a prison, the

only persons he is permitted to speak to are those whose lives are

free from crime. A prison system which has the negative value of

hindering men from becoming worse is worthy of high consideration, and

if the chief object of imprisonment is the punishment of criminals the

cellular system will not be easily surpassed. On the other hand, if

the purpose of imprisonment is not only to punish but also to prepare

the offender for the duties of society, the system of solitary

confinement will not effectually accomplish this task. On this point

let me refer to the words of M. Prins, the eminent Director General of

Belgian prisons: "Can we teach a man sociability," he says, "by giving

him a cell only, that is to say, the opposite of social life, by

taking away from him the very appearance of moral discipline; by

regulating from morning till night the smallest details of his day,

all his movements and all his thoughts? Is not this to place him

outside the conditions of existence, and to unteach him that liberty

for which we pretend he is being prepared?... Assuredly, let us not

forget that prisons contain incorrigible and corrupt recidivists, the

residuum of large towns who must undoubtedly be isolated from other

men; but they also contain offenders resembling in great part men of

their own class living outside.... If it was a question of making

these men good scholars, good workmen, good soldiers, should we accept

the method of prolonged cellular isolation? And how can that which is

condemned by the experience of ordinary life become useful on the day

some tribunal pronounces a sentence of imprisonment? The physiological

and moral inconveniences of prolonged solitude are evident in other

ways; and attempts are made to combat them by great humanity in

external things. So much is this the case, that for fear of being

cruel to the good, the bad are also pampered by an exaggerated

philanthropy which reaches absurd heights."

A compromise between the absolute seclusion of the cellular system,

and the system of free association, is now being advocated by some

students of prison discipline. Prisoners, it is contended, should be

carefully classified according to their previous character and the

nature of their offence, and also according to the disposition they

manifest in prison. Prisoners sentenced to a term of imprisonment

ranging from three months to two years should during the first three

months remain in solitary confinement for purposes of observation as

to diligence and character. At the end of that period a man, if he

showed fitness for it, would be placed in association during his

working hours, and in his cell during the remainder of the day. In

this way his social instincts would not be so completely stifled as

they are at present; he would not be so entirely left to the vacuity

of his own mind; he would not be so readily led to the indulgence of

disgusting vices ruinous to body and mind. In countries where prisons

are on a large scale such a system as this might easily be adopted,

and it would, if properly managed, be productive of beneficial

results. In small prisons it would be applicable on a limited scale,

the smallness of the prison population preventing proper

classification.

But all prison systems, however excellent in theory, are comparatively

useless unless conducted in an enlightened spirit by competent and

sagacious officials. The best of systems if worked, as sometimes

happens, by a mere martinet, with no horizon beyond insisting on the

letter of official regulations, will be productive of no good

whatever, and, on the other hand, an indifferent system will achieve

excellent results with a competent person at the head of it. This was

admirably pointed out by the head of the Danish Prison Department at

the Stockholm Prison Congress. "Give me," he said, "the best possible

regulations and a bad director, and you will have no success. But give

me a good director, and, even with mediocre regulations, I will answer

for it that everything will go on marvellously." In a recent handbook

on prison management by Herr Krohne, an eminent prison director in the

German service, the qualifications requisite for successful prison

work are clearly laid down.

The successful management of a prison, he says, "demands special

knowledge and ability. This knowledge should first of all consist in a

comprehensive general education, so that the head of a prison may be

able to form a competent opinion in all those branches of knowledge

which bear upon the punishment of crime. He thus stands on a footing

of equality with his subordinates. If he is deficient in this

knowledge he will not be able to carry out the sentences of the law

efficiently, and the maintenance of his official authority will be

encumbered with difficulties. He must also possess an understanding of

the economic and social causes of crime as well as of its individual

causes. An understanding of its economic and social causes supposes

that he should be acquainted with the principles of sociology and

political economy; an understanding of its individual causes supposes

that he should know something of psychology. The historical,

philosophic, and legal aspects of criminal jurisprudence as well as

its formal contents ought not to be unknown ground. In the domain of

prison science he should be thoroughly at home. He ought to be

acquainted with the historical development of punishment by

imprisonment, as well as with the nature of the various prison systems

in existence among modern civilised communities. He ought to have a

clear understanding of the aim and object of imprisonment, and be

thoroughly cognisant of the legal and administrative arrangements by

which it is effected, more especially those of his own State. He

should possess a competent knowledge of all matters and regulations

bearing upon prison administration, so that his own arrangements may

be based upon a ripened judgment.

"This knowledge in the head of a prison should show itself in his

manner of dealing with prisoners. This task demands a high degree of

pedagogic skill, and a force of character which is able, easily and

quickly, to bend the will of others to his own. He should also possess

the power of setting every branch of the administration to rights

whenever anything happens to have gone wrong. He must have a quick eye

for all that is being done; he must see everything; he must hear

everything; nothing should escape him; and still he ought to leave

independence and initiative to every officer in his own department. He

should respect and bear with the individual characteristics of every

officer, especially the superior officers, so that they may be able to

perform their duties with pleasure. In this way all officers will be

able to do their work in his spirit rather than according to his

orders. In order to succeed in this, the head of a prison should

consult with the other officials on all important matters; a daily

conference is best for this purpose. He should hear and weigh their

opinions even when the ultimate decision rests entirely in his hands.

Above all he must understand how to keep peace among the officials, so

that through their harmonious co-operation the objects of a prison may

be more certainly attained.

"A good prison chief," Herr Krohne continues, "is not matured or

educated, but discovered. On this account, the selection of persons

ought not to be narrowed down to any definite class or profession.

Experience has shown that able prison governors have been drawn from

all callings; from the law, from public offices, from the army, from

medicine, from the Church, from trade, from agriculture, from

merchants and manufacturers. From each of these occupations a man may

bring knowledge and ability which makes him suitable for the position.

His preparatory studies will teach him much, but he will learn most

from actual practice, and he will never finish learning, however

experienced he may become. But the root of the matter which can never

be taught is a heart for the miserable; a determination in spite of

failures and disappointments to despair of no man and nothing."[46]

[46] _Lehrbuch der Gefängnishunde von K. Krohne

Strafanstalts-director_, pp. 534-6.

Italy up to the present time is almost the only country in which

prison officers receive any preliminary training for their duties. As

a result of this, it not infrequently happens, as Mr. Clay has shown,

that an inexperienced person suddenly placed in absolute charge of a

number of prisoners will in a few days destroy almost all the

reformative work of months and perhaps years. The late Baron von

Holtzendorff was of a similar opinion, holding that one man can in a

short time undo the work of ten. So much has this been felt, that Dr.

von Jageman and several other eminent prison authorities on the

Continent maintain that no man should be placed in charge of prisoners

till he has had some previous training in the nature of his duties. It

has been truly pointed out that the value of imprisonment depends to

an enormous extent on the qualifications of the person placed in

immediate charge of the convicted men. Others are with them

occasionally, he is with them all day long, and unless he comes to his

task with a full knowledge of the delicate and difficult nature of the

duties he has to perform, he will probably exercise a mischievous and

irritating influence on the prisoners committed to his charge. On the

other hand, a well-instructed officer can work wonders in the way of

good, while insisting with inflexible firmness on the rules of

discipline, he is able at the same time by tact and kindliness to

diffuse a moralising atmosphere around him. Some men can do this by

instinct, but the majority require to be taught; it is therefore most

essential that every person entrusted with the control of prisoners

should have some previous theoretical instruction in his duties. After

all, those who can do most real good to prisoners are the warders

immediately in charge of them. Visits from persons outside who take an

interest in the outcast and fallen, are, according to French

experience, comparatively worthless.[47] These visits are well meant,

but they are not paid by the class of people to which the prisoner as

a rule belongs; the gulf between the visitor and the visited is too

great for the establishment of that inner sympathy on which the

permanent success of moralising efforts so greatly depends, and it is

easy for such a visitor to do more harm than good. On the other hand,

if you have a competent and well-instructed class of warders, if you

have these men trained to regard their duties from an elevated point

of view, you possess in them a body of men who are not separated from

prisoners by impassable barriers; you have comparatively little in the

way of social antecedents to estrange the prisoner from the person in

charge of him: such being the case it is easy for the two men to

understand each other, and is, therefore a relatively simple matter

for the one to influence the other for good.

[47] _Revue des Deux-Mondes, Avril_, 15, 1887.

What is to be done with offenders when their term of punishment has

expired? This is a question which modern society finds it exceedingly

difficult to solve. What is the use of punishing a delinquent for

offences against the law if, the moment his sentence is completed, he

is sent back again into the surroundings which led to his fall. So

long as his surroundings are the same, his acts will be the same,

unless his mind has passed through a revolution during detention in

gaol. The latter event, it must be admitted, sometimes does happen,

although it is not easy in these days to get the world to believe it.

And when it does happen it is marvellous to see how men, through their

own unaided efforts, will redeem their character and wipe out the blot

upon their life. But many offenders pass through little or no change

of mind, and unless delivered from their surroundings they will

continue to fall. Here, however, comes in the difficulty. Many of

these people love their surroundings; they have no desire to change; a

life of squalor among squalid companions is not distasteful to them;

on the contrary, they will refuse to leave old haunts no matter what

inducements are offered them elsewhere. It is hardly possible to do

anything with these offenders, and they unfortunately constitute at

least one fourth of the criminal population. Such persons return again

and again to prisons; and the manager of an important Prisoners' Aid

Society in a great northern city, says, that to aid them "is a mere

waste of money, if not an encouragement to vice."[48] How to deal with

persons of this description is a most tantalising problem. More

vigorous methods of punishment are sometimes advocated as the proper

manner of deterring these habitual and incorrigible offenders, but if

we consider the constitution and antecedents of most of them, it

becomes perfectly certain that such means will not effect the end in

view. As a matter of fact, most of them are not adapted to the

conditions of existence which prevail in a free society. Some of them

might have passed through life fairly well in a more primitive stage

of social development, as, for example, in the days of slavery or

serfdom, but they are manifestly out of place in an age of

unrestricted freedom, when a man may work or remain idle just as he

chooses. A society based upon the principle of individual liberty is a

society of which the members are supposed to be gifted with the

virtues of prudence, industry, and self-control; virtues of this

nature are indeed essential to the existence of such a form of

society. Unfortunately, a certain portion of its members do not

possess them even in an elementary degree, and no amount of seclusion

in prison will ever confer these qualities upon them. Imprisonment, to

be followed by liberty, however rigorous it is made, is accordingly no

solution of the difficulty; the only effective way of dealing with the

incorrigible vagrant, drunkard, and thief, is by some system of

permanent seclusion in a penal colony. All men are not fitted for

freedom, and so long as society acts on the supposition that they are,

it will never get rid of the incorrigible criminal.

[48] At a recent meeting of the Statistical Society, Mr. Murray

Browne gave some interesting information respecting the work of

Prisoners' Aid Societies among habitual offenders. "A question,"

he said, "had been addressed to all Discharged Prisoners' Aid

Societies asking what was their experience with regard to

prisoners who had been four times arrested but not sentenced to

penal servitude, and had been arrested during a given period, say

a year. How many of them has turned out (a) satisfactory, (b)

unsatisfactory, (c) re-convicted? Detailed replies were received

from fifteen different societies, not all working in the same way,

or with the same machinery, giving a total of 253 such cases. Of

these only 95 were reported as satisfactory, 55 were reported as

unsatisfactory, 66 were re-convicted, 37 being unknown or

unaccounted for."

It has also to be remembered that a considerable proportion of

incorrigible offenders are not only mentally but also physically

unfitted to earn their living in a free community. Almost always

without a trade, and very often the children of diseased and

degenerate parents, the only kind of work which they can turn to is

rude manual labour, and this is exactly the kind of work they have not

the requisite physical strength to perform. It is only in skilled

trades that the physically weak have a chance at all, and if a feeble

person is not a skilled artisan he will, unless possessed of superior

mental gifts, find it rather a hard matter to earn a comfortable

livelihood. Should it be the case that such a person is below the

average in body and mind, to earn a livelihood becomes almost an

impossibility. Now, this is exactly the position of many habitual

criminals, and more especially of that large class of them which is

being continually convicted and reconvicted of petty offences. What

can be said of them, except to repeat that they are unfit to take a

part in working the modern industrial machine; what can be done with

them except to seclude them in such a way that they will be no longer

able to injure those who can work it.

Outside the ranks of the incorrigible and incapable there exists a

large class of offenders who are perfectly able to earn a honest

living in the world. In many cases it happens that such men require no

assistance on their liberation from prison; they can resume work

immediately their sentence has expired. All that is needed is to send

them back to the district they were tried in, and this is what is

always done if a man cannot reach his destination by mid-day on the

morning of his liberation. But in a certain number of cases discharged

prisoners require more than this; they require tools, or clothes, or

property redeemed from pledge, or a lodging, or to be sent a long

distance home, or to be emigrated. In each and all of these cases,

persons who are not incorrigible criminals are assisted to the best of

their ability and the extent of their funds by Discharged Prisoners'

Aid Societies. One or more of these admirable institutions is attached

to every Local Prison, and every year a vast amount of quiet,

conscientious work is performed. These societies are voluntary

agencies formed for the relief of discharged prisoners. Their funds

are derived partly from private subscriptions and donations, partly

from ancient bequests, and partly from a small sum annually voted by

Parliament. They are conducted on the most economic principles, the

gentlemen who form the committee or who act as secretaries and

treasurers being mostly magistrates and men of substance, who gladly

give their time and services for nothing. The only person who has to

be paid is an agent whose duty it is to see that the recommendations

of the committee with respect to assisting the discharged prisoners

are carried into effect.

A glance at the work of one of these societies will be the best way of

forming a conception of their usefulness as a whole. For this purpose

let us select the Surrey and South London Discharged Prisoners' Aid

Society. In the prison in which the work of this excellent society is

conducted, 17 per cent. of the prison population applied for aid in

1887, and 10 per cent. were assisted, the 7 per cent. refused

assistance were habitual offenders, and had often been previously

helped. Of the number assisted, consisting of 969 persons, 54 were

sent to sea, 2 were assisted to emigrate, 913 were assisted in the way

of redemption of tools, purchase of stock, purchase of clothing, and

so on. In 1888, 929 persons were assisted, 54 were sent to sea, 4 were

helped to emigrate, and 871 aided in other ways. In 1889, assistance

was rendered in 1009 cases of these 36 were sent to sea, and 973

otherwise aided. The average cost per head of sending cases to sea is

three pounds, fourteen shillings; the average cost in other cases is

half a guinea.

What is being done by the Surrey Society is only a sample of the

assistance rendered to discharged prisoners all over England. It ought

also to be stated that some of these Aid Societies undertake to look

after the destitute families of persons committed to prison, and cases

innumerable might be mentioned in which prisoners' wives and children

have been assisted and kept out of the workhouse until the release of

the bread-winner. Other societies again provide permanent homes for

destitute offenders on their discharge from prison. All that is

required of persons making use of those homes is, that they shall earn

as much as will cover a portion of the expense of providing them with

food and shelter. For this purpose work is always provided for them,

or if they prefer it, they may find occupation outside and make the

home a sort of temporary resting-place. It is hardly necessary to add

that Prisoners' Aid Societies could effect much more if they were

better supported by the public. The organisation is there; the men to

work it are there; the only impediment to their labours is a lack of

funds. If the possession of adequate funds enabled all the Prisoners'

Aid Societies to establish Homes for discharged prisoners, those

institutions might be made of the greatest service to the cause of

justice generally. It would then be easy to get a return from them of

the number of persons whose criminal life was due to sheer indolence,

and magistrates would have far less hesitation in dealing with them

than they do now. At the present time, it is sometimes difficult to

know whether an offender is willing to work if he had the opportunity,

but the existence of prisoners' homes would soon solve the question.

Reference to a man's record in one of these institutions would at once

place the magistrate in full possession of the facts, and he would be

able to give judgment with a knowledge of the offender he does not now

possess. In this way many cruel mistakes might be avoided; and, on the

other hand, many hardened offenders dealt with in a more effective

manner.

The difficulty sometimes encountered by discharged prisoners in

finding employment, as well as many other evils inseparable from

imprisonment, has, in recent years, led an increasing number of

jurists to the conclusion that every other method of punishment

should, when the case at all admits of it, be exhausted before the

gaol is resorted to. "The very first principle of enlightened

penology," says Mayhew, "is to endeavour to keep people out of prison

as long as possible, rather than thrust them into it for the most

trivial offences." In many instances it is quite sufficient punishment

for a first offender in a petty case to be publicly rebuked in the

police court. Such a rebuke preceded, as it generally is, by a night's

confinement in the police cells, is just as effective as a deterrent

and far less likely to do permanent harm than a sentence of

imprisonment. It was something of this kind which Bacon had in view,

when he says, respecting criminal courts: "Let there be power also to

inflict a note or mark; such, I mean, as shall not extend to actual

punishment, but may end either in admonition only, or in a light

disgrace; punishing the offender as it were with a blush."[49] A

certain amount of progress has been made of late in this direction,

but there is still ample room for more. On the other hand, experience

has shown that light punishments are of no avail against habitual

offenders. For the last few years this system has been in operation in

the borough of Liverpool, with the result that the number of known

thieves apprehended for indictable crimes has almost doubled within a

comparatively short period. According to the Chief Constable's Report,

the numbers were, in--

1885 1886 1887 1888 1889

377 470 533 596 731

These figures show that habitual criminals will not be deterred by

light sentences, but rather emboldened in their sinister career.

[49] _De Augmentis_ VIII. _Aphorism_ 40.

THE END.

APPENDICES TO CRIME AND ITS CAUSES.

APPENDIX I.

Form suggested by Herr Krohne to be filled up by the police or other

agency respecting prisoners for trial.

1. BIRTH.

Place? County? Country?

Date?

Legitimate? or illegitimate?

2. UPBRINGING.

By parents?

By others?

In a public institution?

3. SCHOOLING.

School attendance, regular or not?

Knowledge, Extent of?

Confirmed, or not?

Religious belief?

4. OCCUPATION.

What trade?

Served Apprenticeship, or not?

5. MILITARY TRAINING.

Whether served? and where?

6. IMPRISONMENTS.

How many?

In Local Prisons?

In Penal Servitude?

Other Punishments?

7. PARENTAGE.

Name? Abode? Occupation?

Alive or Dead?

Cause of death? Suicide?

Temperate, or not?

Imprisoned, or not?

Were Parents related?

8. BROTHERS AND SISTERS.

Name? Age? Abode?

Occupation?

How many dead? and of what diseases? Suicide?

Imprisoned, or not?

Temperate, or not?

9. MEANS OF LIVING.

With or Without?

Destitute?

A Pauper?

A Beggar?

10. INDIVIDUAL CHARACTERISTICS.

Character? Temperament?

Mental Capacity?

Habits? Drunken or other?

Indolent?

11. MENTAL AND BODILY STATE.

(_a_) Fits or Convulsions in Childhood, Epilepsy, St. Vitus

Dance, or other nervous diseases?

Insanity? Scrofula? Tuberculosis?

(_b_) Mental and bodily state of near relations same as above?

12. MARRIED.

Maiden name of wife?

Imprisoned?

If Children; How many?

Age, and state of Health?

How many dead?

Of what Disease?

Any imprisoned?

The Home good, or bad?

APPENDIX II.

Growth of Reformatory and Industrial School Population in England and

Scotland.

Industrial Schools Day

Year Reformatory (Including Truant Industrial

Schools. Schools). Schools.

1859 3,276

1860 3,702

1861 4,133

1862 4,283

1863 4,302

1864 4,286 1,668

1865 4,508 1,952

1866 4,798 2,462

1867 5,110 3,802

1868 5,320 5,562

1869 5,480 6,974

1870 5,433 8,280

1871 5,419 9,421

1872 5,575 10,185

1873 5,621 11,012

1874 5,688 11,409

1875 5,615 11,776

1876 5,634 12,555

1877 5,935 13,494

1878 5,963 14,106

1879 5,975 14,847 287

1880 5,927 15,136 1,005

1881 6,738 16,955 1,493

1882 6,601 17,614 1,692

1883 6,557 18,780 2,083

1884 6,360 19,483 1,876

1885 6,241 20,250 2,324

1886 6,272 20,668 2,444

1887 6,127 20,940 2,622

1888 5,984 21,426 2,783

1889 5,940 21,059 3,197

APPENDIX III.

Return showing the number of Prisoners committed to the Local Prisons

of England and Wales in each Month of the Year ended 31st March, 1890.

| Month. | Males. |Females.| Total. |

|1889. April | 10,701 | 3,401 | 14,102 |

| May | 11,777 | 4,123 | 15,900 |

| June | 9,977 | 3,717 | 13,694 |

| July | 11,499 | 4,171 | 15,670 |

| August | 10,894 | 3,965 | 14,859 |

| September| 11,113 | 4,088 | 15,201 |

| October | 11,670 | 4,245 | 15,915 |

| November | 10,615 | 3,777 | 14,392 |

| December | 9,154 | 3,157 | 12,311 |

|1890. January | 9,993 | 3,154 | 13,147 |

| February | 8,990 | 3,037 | 12,027 |

| March | 10,052 | 3,196 | 13,248 |

------ ----- ------

| Total |126,435 | 44,031 |170,466 |

End of Project Gutenberg's Crime and Its Causes, by William Douglas Morrison

Crime and Its Causes · 第 8 / 8 章