ENGLISH PRISONS

[Reprinted from Boston Transcript of December 5, 1913]

There has been a steady decline in the prison population in England and

Wales in the last ten years. During the year which ended on March 31

last there were fewer commitments in those parts of Great Britain than

in any previous year covered by statistical records. According to the

deductions made by the editor of The Lancet from the annual reports of

the Commissioners of Prisons and Directors of Convict Prisons, this

condition of affairs is to be attributed to several causes: The present

higher standard of conduct, a more humane tendency in society, general

prosperity, and a wider choice of alternative penalties.

“In any moral inquisition,” says the editor, “such as is generally

regarded as one of the most important functions of statistical inquiry

in the modern state, it is natural that a special degree of interest

should attach to the statistics of criminality. These statistics

seem at first sight to offer a direct and positive measure of the

moral health of the community: and the assumption that they have this

significance is in fact so commonly made by popular opinion that any

considerable oscillation in their movement is usually interpreted

without further question as an index of a corresponding change in

public morals.

“In connection with criminality, however, there is even more need than

in the case of other social phenomena to bear in mind the proverbial

limitations of statistical evidence, especially when drawn from a

limited area or when they refer wholly to some single one among the

many aspects of this complex question.

“It may be useful to recall these qualifying considerations in judging

of the real significance of the remarkable decline in the prison

population, to which attention is specially drawn in the latest annual

report of the Commissioners of Prisons and Directors of Prisons. From

that report it appears that during the year ended March 31, 1913, the

number of commitments to prison in England and Wales was lower than

in any year of which there is statistical record. Moreover, as the

commissioners show by a comparative table giving the numbers of the

prison population over a series of years, this shrinkage is not due

to any sudden and exceptional causes operative within the last twelve

months, but is, on the contrary, a continuation of a downward movement

which has been evident throughout the last decade.

“Obviously, this steady diminution in the number of persons sent to

jail is in itself an extremely gratifying fact, and it would, of

course, be still more satisfactory if we could infer from it that the

moral tone of the community has been improving in anything like the

same measure.

“There are, fortunately, good reasons for thinking that in many

respects the standard of conduct prevalent nowadays is very probably

higher than it was even in the memory of the present generation, and

we may perhaps in an indirect way find support for this view in the

falling numbers of the prison population, in the sense that this

phenomena is doubtless evidence of a humaner tendency in society, of a

more careful discrimination in its way of dealing with those who fail

to conform to its laws.

“To go further, and to assume that these statistics are proof of a

real decrease in delinquency, is, however, a very different matter,

and is much more than the evidence will warrant. The statistics of

imprisonment, it must be remembered, are peculiarly misleading.

“To a greater extent even than is the case with other statistics of

criminality, the oscillations in the numbers of the prison population

are affected by fluctuations in economic conditions; for the rise

or fall in general prosperity influences not merely the number of

offenses committed, but also the proportion of these offenses which

will be compensated by the payment of fines. A year, therefore, of

booming trade, such as last year was in so conspicuous a degree,

will ordinarily be a year in which the forms of illegality that are

numerically of most importance, such as crimes of acquisitiveness and

parasite offences generally, will be fewest, and in which also the

proportion of petty offenders who pay fines will be highest.

“These two influences, both tending in the same direction, have

probably been the most important factors in bringing about the decline

in imprisonment. But their effect has certainly been helped by another

tendency which the student of sociology will note with interest and

approval--the tendency, that is to say, to be more sparing than

formerly in the use of this particular mode of punishment. Public

opinion has changed considerably within the last few years with regard

to the value of imprisonment, more particularly in its application

to certain categories of offenders, and in harmony with these newer

and better views the law has provided a wider choice of alternative

penalties.

“As a consequence, some classes of offenders have already ceased to be

sent to jail, and in the case of several other classes imprisonment

is merely retained as a violent remedy to be tried only when milder

and more appropriate methods have proved unsuccessful. The increasing

use of the probation act and the establishment of Juvenile Courts

under the children’s act may be specially instanced to illustrate this

point; these changes in the law have operated powerfully to decrease

the number of commitments to prison. And it may be presumed that if

the provisions of the mental deficiency act are used as they ought to

be in dealing with weak-minded delinquents and drunkards, there will

be a further decrease in the population of our jails, in which these

troublesome recidivists have hitherto bulked so largely.

“In the main, then, we may take it that the diminution in the prison

population, in so far as it is not accounted for by temporary

variations in the economic factors of crime, is due to a changed

public opinion which no longer regards the jail as a social panacea.

Among the influences which have contributed to bring about this saner

attitude, one of the most important has been the clearer perception of

what should be the true function of imprisonment, a perception which

necessarily leads to closer scrutiny of the conditions that determine

the effective performance of that function; and on these points our

knowledge has been considerably widened of recent years, thanks to

the more scientific spirit which has been introduced into the penal

administration of this country.

“The record of Sir Evelyn Ruggles-Brise and his colleagues in this

work of reform should therefore entitle them to speak authoritatively

regarding the application of this method of treatment which they have

done so much to render really corrective and reformatory. And they

will certainly demand that the present abuse of imprisonment shall be

amended, and that an end shall be made of the futile and pernicious

system of repeated short sentences for petty offences.

“How great is the extent of this evil may be gathered from the

commissioners’ statement that of the prisoners received from the

ordinary courts during last year no less than 121,126 or 80.6 per cent.

of the total number committed were sentenced to terms of one month or

under. These amazing figures are certainly sufficient proof that there

is need of some statutory alteration of the existing laws to prevent

the continuance of the useless and mischievous practice; and it is

satisfactory to learn from the commissioners that there is a prospect

of legislative action on the matter in the near future.”

The Delinquent (Vol. IV, No. 2), February, 1914 · 第 16 / 17 题