The questions arising, then, are two:—

(_a_) Is this practice of solitary confinement, in fact,

deterrent?

(_b_) Has a civilized nation the right to retain offenders for

months in a state of existence absolutely opposed to mental,

moral, and physical health, even for the purpose of deterrence?

As to question (_a_). No support can be gathered for the plea of

deterrence from the statistics of penal servitude; mere severity of

punishment has never been proved to be a factor of deterrence. When men

were hung for horse or sheep stealing those offences were far more

prevalent than they are now. Moreover, the nature of their coming

punishment is too vaguely known to those who have never been in prison

for the thought of solitary confinement to have any deterrent effect on

ninety-nine out of a hundred first offenders. Indeed, that it is not

sufficiently present to any man’s mind is shown by the fact that so

humane a public as ours knows and thinks so little about the suffering

of solitary confinement as to have allowed it to remain part of their

prison system.

The effect of a period of solitary confinement which comes _at the

beginning_ of long years of imprisonment is inevitably wiped out by the

monotony of the prison life which follows. Mechanical adjustment to

environment is always going on in the human being. Solitary confinement

is a smothering process to which the mind must adapt itself, or perish.

The mental demoralization remains after the confinement comes to an end,

but the consciousness of that mental ruin, the consciousness of the

suffering, has become dulled; from his closed cell the convict passes on

to the ordinary prison life, actually unable to appreciate the extent of

the misery he has undergone. Obviously, moreover, deterrence (if there

be deterrence) paid for by mental and moral weakening is not true

deterrence; _for the acquired power of resistance to crime, if any, is

nullified through deterioration of the prisoner’s fibre_.

The true deterrence of imprisonment lies in the general fear of loss of

liberty; in that nightmare of a thought all details of impending

punishment (even if known) mechanically merge.

This solitary confinement, however, is sometimes justified on the ground

that it is necessary to buoy the convict up with hope. It is thought

that by placing him at the outset in the seventh hell of pain we lessen

his sufferings in the minor hells which await him at the expiration of

those first dire months. That, sir, is humanity with a vengeance.

Imagine this principle logically applied to social life. The husband

would beat the wife that she might not so greatly feel the inevitable

wear and tear of matrimony; the mother would starve the child that it

might experience with more equanimity the ordinary pangs of hunger; the

master would withhold wages that the servant might more duly appreciate

the receipt of what was due to him. It appears, indeed, to be almost

what is called a vicious principle.

To question (_b_)—Whether a civilized country has the right to retain

its offenders in a state of existence absolutely opposed to mental,

moral, and physical health, even for the sake of a supposed

deterrence—I conceive, sir, but this one answer: Only so long as we do

not realize what this solitary confinement means.

Six months (to take the mean sentence) is a short time to a free man; it

is an eternity to a prisoner confined in solitude. One hundred and

eighty days—four thousand hours, of utter solitude and silence in a

cell, which—in the words of Sir Robert Anderson (_Nineteenth Century_,

March, 1902)—“differs from every other sort of apartment designed for

human habitation in that all view of external nature, such as might

soothe, and possibly alleviate, the mind, is, with elaborate care,

excluded”—solitude broken only by one hour a day, of chapel, and

walking up and down a yard, by the sight of a warder, three times or so

a day, bringing in food; by a ten minutes’ visit perhaps from chaplain

or governor.

Four thousand hours of utter solitude in a closed space thirteen feet by

seven—with the prospect of anything from two to twenty years of

monotonous routine and loss of liberty to follow! Can a Public Opinion,

which succeeds in bringing these facts home to its imagination, justly

say that two and a half to twenty years of loss of liberty, with all

that this means in prison, is not sufficient punishment for any crime

that man can commit, without the preliminary agony of four thousand

hours of solitude in a closed space thirteen feet by seven?

Sir, Public Opinion has never yet succeeded in realizing what this

so-called separate confinement means. In the year ending March, 1907, we

set 1,035 persons, of whom 691 had never been sentenced to penal

servitude before, to endure these hours of agony and demoralization. In

the year ending March, 1908, we set another 1,179 to endure the same,

749 of them for the first time. At the present moment another thousand,

more or less, are undergoing it.

In thus subjecting year by year a thousand persons to nine, six, or

three months of an “artificial state of existence absolutely opposed to

that which Nature points out as the condition of mental, moral, and

physical health,” we are annually committing an offence against our

reason, of which we reap the full reward in the mental, moral, and

physical deterioration of persons already demoralized enough; and an

offence against our humanity in reality as great as if we had placed

them on the rack.

I by no means lose sight of the fact that this closed-cell confinement

falls with different effect on different temperaments; it falls, no

doubt, far less heavily on the sluggish and the brutalized than on the

nervous types, of which, however, we are now breeding great numbers.

But, sir, even the habitual criminal—popularly supposed to dread

flogging more than anything—has been known while enduring solitary

confinement to beg for the lash in place of it. Sir J. Jebb, giving

evidence before the Penal Servitude Acts Commission in 1863, uses these

words: “With burglars and reckless characters I think that separate

confinement is dreaded more than any other kind of discipline.” And in

regard to other effects on the habitual criminal, the words of Professor

Prins, above quoted, are significant. The sluggish brutality of many

recidivists is produced in the first place by this very process of

closed-cell confinement. Man, even the lowest type of man, is a social

and gregarious animal—all that is best in him depends on, and is

brought out by, contact with his fellow-creatures; if that be not so,

our religion and whole social scheme are falsely conceived. Deprive man

of all contact with his fellow-man, shut him in upon himself,

hopelessly, utterly, month by month, and he will come out of that

artificial existence lower and more brutal than when he entered it.

Prolonged starvation and agony of the mind is worse than starvation and

agony of the body, carrying, as it does, the wreck of the body with it.

We have the right to restrain offenders and to safeguard society; in

doing this we unavoidably punish with that already terrible punishment

“loss of liberty.” But, sir, we have—surely—not the right to inflict

_unnecessary and harmful suffering_. I recognise to the full that there

is no lack of humanity among those who work our prison system; recognise

to the full that they would not willingly inflict any suffering that

they acknowledged to be unnecessary; but in every department of life

those who administer a system are, in the nature of things, with rare

exceptions, too habituated to that system, too close to it, to be able

to see it in due perspective.

I ask you, sir, and I ask the common sense of the public, whether

harmful and unnecessary suffering must not inevitably be endured by the

mind, and through the mind by the body, of a human being during these

thousands of hours of closed-cell confinement. To answer that question

fairly each member of the public has but to ask what would be the effect

on himself or herself of nine or six or even three months’ utter

seclusion (except for one hour each day) from all sight and sound not

only of human beings, but of animals, trees, flowers, and from the sight

even of the sky, all but a patch no bigger than a tea-tray. We are on

the whole a humane people; and it is not so much a question of our

humanity as of our imaginations. The position is plainly this: Those who

have to work our prison system perhaps could not do so at all if they

allowed their imaginations fair play. The community are too aloof to

realize what that prison system means. And so the unnecessary

demoralization and suffering caused by this closed-cell confinement goes

on at the rate of (for convicts alone) more than four million hours a

year!

I do not base the appeal of this letter so much on humanity as on common

sense. Why, when we are faced with appalling statistics of criminality,

with appalling difficulties in dealing with and reforming criminals, do

we deliberately continue a practice which both evidence and reason tell

us contributes to the more complete demoralization of such as are

already demoralized?

In the Report of your Departmental Committee of 1895 occur these words:

“It should be the object of the prison authorities, through the

prison staff and any suitable auxiliary effort that can be

employed, to humanize the prisoners, to prevent them from

feeling that the State merely chains them for a certain period

and cares nothing about them beyond keeping them in safe custody

and under iron discipline.”

And again: “. . . it strengthens our belief that the main fault

of our prison system is that it treats prisoners too much as

irreclaimable criminals instead of reclaimable men and women.”

I submit that no unprejudiced man can regard this closed-cell

confinement as a humanizing influence, except in the rarest cases, or

maintain that it helps to reclaim men and women.

A Sheaf · 第 31 / 66 题