Chapter IX.

SOME AMERICAN EXPERIMENTS:--

THE PROBATION SYSTEM.

THE ELMIRA SYSTEM.

=The Probation System.=--In several of the States of America an attempt

has been made to devise a substitute for imprisonment in the cases of

persons convicted for minor offences.

The State of Massachusets was the first to take the lead by initiating a

somewhat elaborate system of probation.

Briefly described, it is an attempt to reform a prisoner

OUTSIDE.

Imprisonment for minor offences has had many bad features and should,

where possible, be avoided. Firstly, there is the stigma that attaches

to every man who has worn the broad-arrow. Secondly, there is the loss

of self-respect which, together with the contaminating influences

existing in a prison, often convert the minor offender into the hardened

criminal. Thirdly, there are the hardships that the wife and family are

called upon to endure while the bread-winner is in gaol and not earning

wages.

The Probation System seeks to overcome all these difficulties. Instead

of sentencing an offender to a period of imprisonment, the judge

confides him to the care of the probation officer for a period

co-terminous with that which he would otherwise have had to spend in

prison. The minimum period of this sentence is six months, and the

average about twelve months.

In the cases of female offenders and of youths under the age of 18 years

the probation officer is usually a woman; for adult males, a man acts as

officer.

The officers are invested with very considerable authority. It is their

duty to keep the very closest watch over their wards and to report

continually upon their behaviour. They frequently visit the homes and do

their utmost to become acquainted with the conditions of the home and

industrial life under which their wards live. The visits are so arranged

that they by no means imply an official errand, the officers endeavour

to discover the weaknesses of their wards and the temptations to which

they are most likely to succumb, and as far as possible to remove them

out of the reach of these temptations or to strengthen them against

their power. Some officers provide for meetings to be held for those

committed to their charge. Especially is this the case with those who

have the charge over youthful offenders. At such meetings games,

edifying entertainment and instruction are provided. It is also quite

competent for an officer to receive the wages of a probationer. In these

cases, he will give the man's wife a sufficient sum to meet the ordinary

household expenditure, allow him enough for his personal expenses, and

retain a small sum to be returned when the period of probation has

expired. This course is invariably pursued in the case of drunkards. A

drunkard may, upon the authority of the probation officer, be forbidden

to enter a public-house or to enter it during certain hours only, and he

may also be obliged to remain at home after a certain hour. In fact, the

probation officer may make almost any such rules that he thinks best to

be observed by his ward, and there is always the threat of being sent to

prison to discharge his sentence, if he should refuse to behave properly

when under probation.

To have an officer constantly watching over a man may affix a certain

stigma to the man, but even so, it is not indelible nor nearly so great

as that which the prison leaves behind it. To make this disadvantage as

small as possible, the officers wear no uniform and, within their

prescribed area, work among the convicted and unconvicted alike.

The type of officer required is not easily found. Of humane instincts,

and yet a firm disciplinarian, well educated, competent to give good

advice and able to gain the affections and confidences of those amongst

whom they work, is the type of person required. The ex-soldier or the

ex-policeman is just the man who is NOT wanted. The advantages of this

system Miss E. P. Hughes thus sums up:--

Firstly.--Instead of a few highly-paid officials and many badly paid

warders, you have a number of independent, well-paid probation officers,

chosen for their knowledge of human nature, and their skill in reforming

it.

Secondly.--Far greater adjustment of treatment to individual cases.

Thirdly.--The stigma of the prison is avoided, and while great care is

taken that the prisoner shall be strictly controlled and effectively

restrained, his self-respect is carefully developed.

Fourthly.--The family suffers less. The home is not broken up, the wages

still come in, and if the prisoner is a mother and a wife, it is, of

course, most important that she should retain her position in the home.

Fifthly.--The prisoner does not "lose his job," nor his mechanical

skill, if he is a skilled workman. "I was told that six months in prison

will materially damage this in many cases." He does not lose his habit

of regular work.

Sixthly.--He has one intelligent friend at his side to give him all the

help that a brother man can. And this friend has the unique

opportunities for studying his case, and has also an extraordinary power

over his environment.

Seventhly.--Good conduct and a capacity for rightly using freedom is

constantly rewarded by a greater freedom.

Eighthly.--It is far cheaper than prison. The prisoner keeps himself and

his family, and one officer can attend from sixty to eighty prisoners.

=The Elmira Reformatory.=--"The New York States Reformatory at Elmira"

is the official designation of this institution. It was established in

1875 and had for its first superintendent a Mr Z. R. Brockway.

Mr Brockway had from the age of nineteen years been working in an

official capacity among prisoners, and his religious beliefs led him to

acknowledge that the men committed to his charge had their place in the

redemption of the world.

Maconochie's humane method of dealing with the criminals of Norfolk

Island attracted his attention, and from Maconochie's mark system he

evolved the now famous indeterminate sentence.

When the New York State established a Reformatory at Elmira, Mr Brockway

was placed in charge and given practically a free hand in the adoption

of such methods as he deemed most likely to effect the permanent reform

of the men committed to imprisonment there. A restriction was placed

upon the age of the offenders who should be admitted, the law reading

thus:--"A male between the ages of 16 and 30, convicted of felony, who

has not heretofore been convicted of a crime punishable by imprisonment

in a State prison, may, in the discretion of the trial court, be

sentenced to imprisonment in the New York State Reformatory at Elmira,

to be there confined under the provisions of the law relating to that

reformatory" (vide section 700 Penal Code).

This by no means implies that all the inmates are first offenders. Many

of them have been in juvenile reformatories, penitentiaries, and houses

of correction, so that in some cases a considerable advance in the

career of crime has been made before they are handed over to the

authorities at Elmira. Again, only felons are received, not minor

offenders.

The principles upon which the reformatory system is based are

practically those set forth in the declaration of the National Prison

Congress held in Cincinnati in 1870 as follows:--

1. Punishment is defined to be "suffering inflicted upon the

individual for the wrong done by him, with a special view of

securing his reformation."

2. "The supreme aim of prison discipline is THE

REFORMATION OF CRIMINALS, not the infliction of

VINDICTIVE suffering."

3. "The progressive classification of prisoners based on

character, and worked on some well adjusted mark system,

should be established in all prisons above the common gaol."

4. "Since hope is a more potent agent than fear, it should be

made an ever present force in the minds of the prisoners, by

a well devised and skilfully applied system of rewards for

good conduct, industry, attention to learning. Rewards, more

than penalties, are essential to every good prison system."

5. "The prisoner's destiny should be placed, measurably, in

his own hands; he must be put into circumstances where he

will be able, through his own exertions, to continually

better his own conditions. A regulated self-interest must be

brought into play and made constantly operative."

6. "Peremptory sentences ought to be replaced by those of

indeterminate length. Sentences limited only by a

satisfactory proof of reformation should be substituted for

those measured by mere lapse of time."

The old system of penology may be described as "so much suffering

inflicted for so much wrong done and with the object of expiating that

wrong."

The principles upon which the reformatory system is founded must be

clearly grasped before the system itself can be understood. Criticism is

frequently levelled against it on the ground that the prisoners are

given "too good a time." This criticism is based upon some theory that

vindictive retaliation is the attitude that should be assumed towards

the criminal. When this theory is renounced, then the system stands or

falls according as it accomplishes the objects for which it is designed.

When it is asked why should a prisoner in captivity be better looked

after than he would be if left in his old haunts of crime, the question

must be answered from the prisoner's point of view, and he will candidly

reply that the prison which deprives him of his freedom until his

reformation has been effected is not the place which has any attractions

for him. The life of discipline and industry does not at all agree with

his idea of blissful surroundings. Upon admission at the reformatory,

the prisoner is placed in the middle of three grades of classification.

From this grade he can, by industry and good behaviour, advance to the

highest grade. If he should prove refractory, he sinks to the lowest or

convict grade. Each grade has its own particular privileges, these being

of course at their maximum in the highest grade. They consist chiefly in

a better diet, better bed and freer access to the library. His fate is

practically placed in his own hands. If he shall show himself

industrious and shall apply himself diligently to the task set before

him he may make such progress in his grades as will secure his release

after a comparatively short period of detention. If, on the other hand,

he will not exert himself to embrace the opportunity, he is kept under

detention until the maximum limit of his sentence is reached. The

authorities urge for legislation making the sentence absolutely

indeterminate, so that those who resist the reformatory measures may be

kept in prison for a period co-terminous with that of their resistance.

The principles upon which the system is founded are developed in a

course of training described as a three M course, i.e. mental, moral and

manual. The machinery consists of, the indeterminate sentence, the

school of letters, the trade school, and the gymnasium.

=The Indeterminate Sentence.=--The ideal Indeterminate sentence provides

that when once a criminal falls into the clutches of the law he shall be

deprived of his liberty until he has given satisfactory evidence that he

is able to conduct himself as an honest and industrious citizen. It

makes no distinction between different crimes, such as to provide that

the man who embezzles shall receive a longer sentence than the man who

commits arson or vice versa, but makes the restoration of liberty depend

entirely upon reformation. It refuses to tolerate the idea that any

criminals should be at large to prey upon society, and it thus imposes

upon society the obligation to undertake the reform of all criminals.

This IDEAL sentence, however, does not exist. At Elmira, the

authorities are obliged to recognise a maximum, so that if at the expiry

of this maximum, the prisoner should have made no progress towards

reform he must, nevertheless, be discharged. Since, however, a man may

at Elmira reduce a sentence of ten years to something like 22 months, a

great incentive is given to him to identify himself with the efforts

being made on his behalf. From every point of view the indeterminate

sentence in the case of those sent to reformatories appears the most

reasonable. The business of the trial court is concluded as soon as the

question of guilt is determined. The judge has not imposed on him the

impossible task of measuring out a punishment which in its severity

shall exactly accord with the degree of crime committed. The question of

the prisoner's sanity is not left to the jury to decide but to qualified

alienists. Neither does this question determine his GUILT but

only his RESPONSIBILITY. No account has to be made of the

provocation from which the prisoner suffered at the committal of his

crime. If but a small degree of criminality exist, the safest adjustment

of punishment is to be found in the indeterminate sentence. From the

social point of view, it gives the best safeguard to the society. It

guarantees that a criminal once convicted shall cease to prey upon

society. He will either reform and return to society as a useful member

thereof and a contributor to its wealth, or else, refusing to reform, he

will never regain his liberty. This sentence lays it down that society

ought not to tolerate criminals in its midst. Imprisonment for a fixed

period under our present penal system serves but to exasperate the

criminal, and at the end of his sentence, when he is a more dangerous

criminal than ever, the law demands that he shall be released. It is

only by indeterminate sentences that society obtains the guarantee it

may justly demand. For its effect as a means of discipline a prisoner

will give his own experience. The following extract, was written by an

inmate of the Reformatory in 1898:--"From the view-point of a 'man up a

tree' I would say that the character of our sentence has everything to

do with furnishing a motive which induces and stimulates us to a degree

of activity we could never acquire under a fixed penalty. Where, under a

definite sentence, we would spend most of our time crossing off days

from the calendar and lay awake nights counting over and again the

amount of time yet necessary for us to serve before the dawn of freedom,

now every moment is utilised in taking advantage of all opportunities

for improvement that are offered, well knowing that only by advancement

in the trade-school and school of letters, together with strict

compliance with the rules of the disciplinary department, can liberty be

earned. And the word earn is used advisedly, for a man to get along in

this reformatory can be no sluggard but must be alert, ever ready to

advance and not drag behind."

The ideal sentence, so far as an incentive to reformation goes, would be

an ABSOLUTELY INDETERMINATE ONE, where a man must either reform

or remain in prison for life, for where would be the welfare of society

considered if a man be released prepared to prey upon it as he did

before imprisonment? In the case of the absolutely indeterminate

sentence there is a motive that will quicken every energy and arouse the

dullest to life and exercise, for he would be fighting for life and

liberty--liberty that could never be his until he had shown by his

conduct that ready compliance with all requirements here was intended,

and willingness to discard the old and detrimental habits, taking on new

and profitable ones. The fact that a man could get along in here would

indicate his ability to live in accord with society in the outside

world.

Under such a system no one fit to be released would fail to gain it.

Why? Because the motive is so strong as to force the most unwilling to

willingness; because a man who would rather rot in prison than try to

regain his freedom by legitimate means is better off where he is. He

would only be a stumbling block to society in general if he were set

free, and would sooner or later land again in some penal institution or

other, and thus his life would be wasted, and public funds wasted in

arresting, discharging and rearresting the useless drone, the balance of

whose life would be passed in various prisons of the country.

That the indeterminate sentence furnishes a powerful motive for

reformation is shown daily in this institution. You have only to watch

the student over his books, or mechanic over his tools to see the effort

that is being made to win that golden prize--a parole. How that motive

is undermined or taken away entirely when the sentence is definite is

readily perceived by taking a cursory glance over the records of men

sentenced here for a definite period. The greatest percentage of them

are careless, insolent, and furnish most of the class that goes to form

the nucleus of the lower or convict grades. Why? Because there is

nothing to work for. No parole can be gained by attention to duty. Time,

and time alone, counts for this class. Only to pass time and get to the

end of the sentence, that is all. No one can make a study of, or even

look about him and compare the records made by definite and indefinitely

sentenced men, without becoming a warm advocate of the indeterminate

sentence. The longer the maximum sentence of the man sent here, the

greater is his effort to travel along the straight and narrow path,

picking up such advantages as offer him through his stay in this

institution. The longer the maximum the stronger the motive, the smaller

the maximum, the smaller effort to earn a release. For example, men sent

here with two or two and a half years as the limit of their maximums, on

an average, remain here longer than those with a five, ten or twenty

years maximum hanging over them. The reason is obvious--the motive is

strengthened or weakened according as the sentence is lengthened or

shortened. The deterrent value of the absolutely indeterminate sentence

would be enormous. Not a question of a few months or years would the

criminal have to face; but a period which would not terminate until he

either reformed or died. As we have seen it gives a tremendous stimulus

to reform, and it would likewise give a powerful check to criminal

tendencies. Thus it relieves the Judge of an impossible task, is most

satisfactory to society, and most humane to the culprit.

It may be urged that since liberation would depend in a measure upon

proficiency in the trade-school and school of letters, that some

criminals whose criminality might be of a lesser degree, would be at a

greater disadvantage than others. That is not so. The system is

obviously a very complicated one, and only the bare outlines are being

given here. In operation it is absolutely fair, neither is any

inducement offered to commit crime for the benefits which the

trade-school confers. The managers know no such defect in their system

or otherwise they would report it. They have a free hand in the

employment of their methods, they are continually experimenting, and

they owe no devotion to "red tape."

A further advantage that the indeterminate sentence has, is that it

provides for a second period of probation. A man may behave himself well

in prison but upon his release betake himself immediately to his old

surroundings and then to his old habits. The most critical moment is

when the prisoner steps outside the gaol walls and finds himself a free

man. The habits of industry and good conduct acquired when in

confinement have to be accommodated to new conditions, and if unassisted

the task is often too great. The consequence is that he falls away and

rejoins his old companions and soon becomes a recidivist. The

indeterminate sentence allows for his freedom being regained gradually.

Having given evidence of reform and of abilities to support himself,

employment is found for him, and he is granted a parole. That is he is

released conditionally. For the next half year he must report himself

every month, and if at the end of that period he has behaved well he is

granted absolute discharge. Opportunity is thus given for him to

establish himself gradually amidst the conditions of free social life.

The sense of freedom comes without shock, and when it comes, the

critical period has long since passed away.

Should he violate his parole in any way, he is rearrested and may be

called upon to serve the maximum penalty for his crime.

=The School of Letters.=--As has been said the system of the Reformatory

is classified under the headings of mental, moral and manual. There is

no sharp distinction between all three, inasmuch as no mental or manual

training is considered of any value which does not also assist to

develop the moral character of the pupil.

The whole aim of the system is to develop minds and bodies, arrested in

their growth, in order that they may become more susceptible to moral

influences, and that habits of correct thinking and useful industry may

be established. Every prisoner upon entering the institution is assigned

to the school of letters, care being taken that the task imposed upon

him is well within his mental grasp, but at the same time shall require

an effort on his part in order to master it.

The school is divided into three sections--The Primary, the Intermediate

and the Academic or Lecture division. Each section is subdivided into

classes and each class again subdivided into groups. The usual method of

making the lower classes large and the upper classes small is exactly

reversed at the Reformatory. There may be as few as twenty pupils in the

lower classes and as many as two hundred in the upper ones. The school

is under the management of a director who is assisted by a competent

staff of civilian teachers, as well as by a number of the inmates

themselves. Some of the prisoners, being illiterate, have to commence

their education at the very bottom of the ladder. Others, according to

the education they have received, enter the course at higher points. In

the case of foreigners much of their education consists in teaching them

the English language and instructing them in American customs and

manners. The training is of immense advantage to them.

The classes are held in the evening and the routine of the Reformatory

is so arranged that throughout the whole of the prisoner's waking time

he is kept employed.

From the elementary instruction in reading, writing and arithmetic,

given to illiterates, the course progresses so as to include History,

Civics, Political Economy, Ethics, Nature study and Literature. Attached

to the school there is a well stocked library from which books are

issued under regulations relative to good conduct and progress made.

There is also a weekly paper issued within the institution called "The

Summary," to which the prisoners may contribute articles. Attendance at

the school is in all cases compulsory. The inmate has no option

whatever. He is not consulted as to what course of study he would like

to pursue but this is chosen for him and he is set to it. In selecting

his course, every attention is paid to the man's abilities, tastes and

attainments. No useless studies are undertaken. Every study must be of

value from a reformative point of view and also from an educational one.

That is, it must serve to correct bad and wandering habits of thinking

and to cultivate good and consecutive habits. It must assist to broaden

the outlook of life and to bring the individuals into living touch with

the life and traditions of the country to which he belongs. It must

serve to inspire hope, confidence and zeal. It must cultivate a taste

for the beautiful, a love for the natural, and an adoration for the

Divine. When released, the student must find himself equipped with such

a knowledge as will enable him to steadily advance in his station of

life. And yet there is on an average, only two years in which to impart

such an instruction. How is it done? Firstly, nothing useless is taught,

the object primarily aimed at being the formation of character.

Attendance is therefore compulsory, and attention and application are

necessary in order to obtain a parole. Monthly examinations are held and

failures at these gives a set-back in the matter of obtaining a release.

A failure, however, may be overtaken by extra exertion during the next

month. However distasteful it may be to the prisoner to study regularly

and methodically, or however difficult his former irregular life may

have rendered this task, yet it is so intimately bound up with his

interests that he soon finds a motive powerful enough to correct mere

dis-inclination. He must work and work at his best, and invariably he

does so.

Upon entering the class room each student receives a printed slip which

gives an outline of the lesson to be studied. This serves to convey an

idea of the amount of work to be undertaken, to show the progressive

steps and to prevent any idle speculation concerning the development of

the lesson. These slips are kept by the student and they are made the

basis of the monthly examination. These examinations are conducted with

great strictness. In order to pass 75 per cent. of the maximum number of

marks must be obtained, and marks are given for exact knowledge only.

For instance, if in a sum in arithmetic a right method is employed but a

wrong answer given no marks are rewarded. The student has shown an

inability to use his knowledge. In other subjects the men in answering

their questions must give the exact "how," or "why," or "when," or

"where," or "which" before their work will pass. They may write sheets

but it will not count if they miss the point. They soon find therefore

that in order to pass their examinations they must pour forth all their

energies upon their work. Needless to say, no catch questions are ever

introduced, neither does the examination task exceed the men's

abilities.

When English literature was first introduced the men regarded it as an

imposition. They did not know what the new study meant nor what was

expected of them. A great amount of coaxing and gentle treatment was

necessary to overcome the general bewilderment. The first examination

passed off measurably well. Soon a change took place and English

literature rose rapidly to become the most favourite study. The demand

upon the librarian for the supply of English and American Classics

became so great that special restrictions had to be placed upon their

issuance.

Marked success from a Reformatory point of view has attended this study,

and the men enthusiastically enter upon a new and broader life.

The late Prof. S. R. Monks, for twelve years Lecturer at the

Reformatory, says:--"But does such education contribute to the

reformation of the criminal and the protection of the public?"

Unqualifiedly and unhesitating I answer, Yes. Men are found to acquire

in this school month by month a growing application of better things, a

readier apprehension of truth and a heartier sympathy with virtue, and

best of all, a greater capacity for sustained and consistent effort in

practical undertakings. These transformations are the successive steps

of a real reformation, and every step puts the man at a greater and

safer distance from past shiftlessness and viciousness. "The virtues,"

says Felix Adler, "depend in no small degree on the power of serial and

complex thinking," but, continues that practical philosopher, "the

ordinary studies of the school exercise and develop this faculty of

serial and complex thinking. Any sum in multiplication gives a training

of this kind." It is hardly possible to exaggerate the benefit that true

education will confer on one who has come under the condemnation of the

law. His improved education will counter-balance some of the disgrace of

his past criminality; it will with industrial training extricate him

from the hopeless mass of ignorant unskilled labour where competition is

always hottest and most perilous, it will teach him, better than he

could know without it, the relative value of things; it will so elevate

his thoughts and refine his tastes that the path of duty in its roughest

and steepest places, will yet steadily attract his footsteps.

The charge is sometimes made that the criminal is made more dangerous by

education. The assertion begs all it carries. It assumes that education

strengthens character but does not transform character which is false

for it does both.... No man can use his mind in the careful

investigation of moral principles, and become thereby merely a more

dangerous cheat. No man who has opened his eyes to see the revelations

of eternal wisdom and goodness written in letters of light on all the

handiwork of Nature, can be made thereby merely a more dangerous

villain. On the contrary, every hour of honest search after reality, of

careful industry governed by principles and lined to accuracy, every

hour spent in happy contemplation of wisdom and goodness, wherever

manifested will make the man forever the better for it.

=Physical Culture.=--This Department of the Reformatory falls into three

divisions--the Gymnastic, the Military and the Manual.

=The Gymnastic.=--The idea of a gymnasium within a gaol must deliver no

small shock to the prejudices of many, but in studying the Elmira system

we must endeavour to keep before us the end which the authorities are

aiming at, viz., the restoration to society of their criminals in a not

only harmless state but in their most useful state, and this can only be

made possible by the most careful and thorough training of the mind,

body and soul.

Neither is there any cause to think that the prisoners are getting too

good a time, and that, being treated better than the industrious worker,

a premium is being offered to crime. The investigation of the

authorities has revealed no case in which a man has entered the

institution on account of advantages offered. To criminals they are not

realised as advantages. They understand them only as the rough road

leading to their release, and it is about the last thing for men of

shiftless, lazy, inconsequent habits of mind and body, to suppose that

they are having a good time when sent to a gymnasium every morning for

two hours' steady work. Work which brings all the muscles of the body

into play and which demands the fixed attention of the mind and its

submission to the word of command from the instructor, is many times

more distasteful than the "hard labour" of lazily cracking stones.

Until 1900 the whole prison population went through a regular gymnastic

course. This is now changed and assignments are made to the gymnasium

only upon the certificate of the physician. All new arrivals however

spend a period, averaging about five weeks, in the "awkward squad," half

of whose morning time is spent in the gymnasium. They come in a very

ungainly looking set of men. Many are undersized, underweight, rickety

and diseased in body and generally of a slovenly, unmanly appearance. A

multitude of causes have been at work to produce this condition.

Chiefly, these are a bad ancestry, foul atmosphere of their dwellings,

their idle dirty habits, intemperance and sexual abuse.

The course of treatment prescribed for these is one which brings into

exercise all their latent muscular power. Special attention is paid to

deformities and weaknesses resulting from any cause whatsoever.

Turkish baths, swimming baths and massage also play an important part in

their treatment and help to bring the dregs of disease, the results of

excessive drink and the use of tobacco, out of their systems.

The effects of such treatment are at the end of a few weeks very

apparent. The body is supple, the carriage is erect, the cutaneous,

circulatory, muscular and nervous systems are in a healthy state, and

the stupid, bewildered or stolid expression has given way to one of

manly concern.

At the end of five weeks most of the men graduate from the awkward squad

and engage in the work of other departments. Some, however, for various

reasons have to remain for a longer period of physical exercise.

The majority of these are classified into three groups:

I. Mathematical Dullards. II. Deficient in self-control. II. Stupids.

These groups are described by Dr Hamilton Wey in his report for 1896 as

follows:--

Group I.--The Mathematical dullards. These were incapable of solving the

most elementary problems in Mental Arithmetic or else did so with

hesitation and difficulty. They were instances of sluggish and dragging

walk, and presented a sleepy or dreamy appearance at work or in repose.

They suggested arrested mental growth. From a careful study of these men

by observation and immediate contact exercises were selected that would

tend to act upon their defects. In addition the exercises prescribed

necessitate the direct employment of their mathematical faculties. The

following schedule was adopted, though subject to constant change as

occasion for change presented itself. The exercises of their group as

with others are confined to one hour's practical work five days per

week. The men receive a daily rain bath and rubbing down immediately

after their exercises. With this group the hour is divided into sessions

of half-an-hour each, subdivided into periods of fifteen minutes. The

first fifteen minutes are devoted to light calisthenics executed by

command with loud counting and simultaneous movements. This is followed

by 15 minutes of marching and facing movements with step counting. The

first 15 minutes of the second half hour are occupied in the laying out

of geometrical fields for athletic events. Employing the 50ft. tape and

the 2ft. rule with divisions of an inch. After being instructed as to

dimensions they are required to lay out the following:--

(a) Baseball diamond; (b) basket ball field; (c) track for 30 and 40

yards running races; (d) placing of hurdles at intervals, in harmony

with established athletic field rules. The closing 15 minutes embraced

practical work, viz., high and long jump, hop skip and jump, high

kicking, target throwing, etc.

Group II.--Those deficient in self-control. The members of Group II,

compared with those of Groups I and III, are physically of better

quality. In general appearance they show a better all-round physical

development, and in some instances the deteriorating effects of sexual

abnormality were not so apparent, this class would, in the performance

of athletics, compare favourably with the scholar outside prison walls.

In the general performance of their work they have shown more interest

than either Group I or III, and in some instances have acquired skill in

some of their athletic branches. The tendency of the athletics selected

for this group by the Gymnasium Director was of a nature conducive to

the cultivation and encouragement of self-control and self-reliance

among its members as shown by the spirit of good-fellowship displayed by

the successful towards the unsuccessful player, and in a measure

subduing the ebullition of passion and the spirit of jealousy that

formerly influenced their every notion in competitive contests.... It

can be safely asserted that one essential feature in athletics, viz.,

will-power, which was conspicuous at the first by its absence, has been

strengthened and inculcated, especially in this group.

It was observed by the Director that perhaps by their exuberance of

animal spirit, the men were prone to make frequent excuses for changes

from one game to another, instead of striving to excel in one branch.

Another observable feature was the attempt to shirk the exercises which

required any exertion on their part. These defects have been remedied,

not entirely, but sufficiently to justify the efficiency of athletics as

a fact in the production of self-control; and instances can be cited of

complete subordination of will to the controlling powers.

Group III.--The Stupids. The members of this group are not far above the

standard of feeble-minded boys. They are what might be termed "all-round

defectives." The object of the athletics selected for this group has

been to awaken and arouse them from that lethargic state into which they

periodically relapse. This has been in a measure accomplished, a great

aid to which has been the daily rain bath. The following physical

defects (some of which have been remedied wholly or in part) come under

my observation: general weakness, weak chest (respiratory organs), bent

carriage of the body, stiffness of wrist, joints, and clumsy movements

of fingers, spinal curvature, extreme (comparative) development of right

arm. To overcome these defects systematic exercise was necessary,

including free-hand exercises, club-swinging, dumb-bell exercise, etc.,

meted out according to the respective deficiencies and requirements of

the men. This group also spent one half-hour in practical outdoor

gymnastic and athletic work. After a general resume of the work

accomplished it can safely be asserted that outdoor athletics and

gymnastics have proven to be in a measure, a prophylactic for a number

of the ills which these three groups of defectives are subject to.

=Military Instruction.=--Military drill was introduced into the

Reformatory as a direct outcome of the Prisons Bill of 1888 which

forbade all machine labour in prisons being conducted for profit. The

statute requiring the "shutting down" of all industrial plants the work

of the institution was practically brought to a standstill. In this

difficulty the management conceived the idea of forming a military

regiment. Most beneficial results immediately followed. The men began to

walk with more erect carriage and to respond to quick words of command.

Besides this, the open-air exercise developed their lung-power and

stimulated their circulatory system. A pride in their performance was

also inspired by the opportunity given to rise through the different

ranks to that of lieutenant. Above all, good habits of discipline were

cultivated. Although the circumstances that rendered necessary the

introduction of military drill have passed away, yet the organization

has been found of such great reformatory value that it has become an

integral part of the Elmira system.

The regiment consists of sixteen companies, four companies to the

battalion, company roll of about seventy. The colonel's staff is

composed of colonel, four majors, inmate adjutant, and sergeant-major,

and national and state colour-bearers. The uniforms are blue, black, and

red, corresponding to the grades. White belts, with nickel buckles, are

worn and white cross-belts. Proper insignia of rank is also worn. Dress

parade is held daily at four p.m. on the regimental grounds, or, if

weather be inclement, in the armoury.

So far as is possible the regiment is drilled on exactly the same lines

as those observed by the United States army.

=Manual Training.=--Manual training was introduced into the Reformatory

in 1895. The number of men who had been in the institution for a

considerable period of time and upon whom the ordinary reformative

measures exerted little influence rendered the adoption of some other

means absolutely necessary. The men, with whom the ordinary methods

failed, belonged to the defective classes already described as

mathematical dullards, deficient in self-control, and stupids. The

habits of vice seem to have wrought such a destructive work upon the

will-power of these men that in order to repair it some potent influence

would have to be brought into operation. The conception was to entirely

disengage the mind of its connection with the past and to concentrate it

upon healthy, useful and interesting work. Habit produces character, and

if the old habits of thought could be destroyed and new ones implanted

it would naturally follow that the character would be improved and

developed. The character of the normal man requires for its development

a moral, religious, intellectual and physical training, and the abnormal

man requires the same, in a greater degree.

It was with this knowledge that the managers introduced manual training

into the Reformatory. As the usefulness of manual training (Sloyd) is

described in a preceding chapter no more need be said upon its value as

a factor in education now. It needed the greatest skill on the part of

the managers to adopt the various Sloyd exercises to the requirements of

the different defectives, but each year has given additional proof of

their success, and its inclusion in the reformatory system was amply

justified. In 1899 it was discontinued on account of the small

appropriation that was made for the maintenance of the institution,

making it necessary to curtail expenses.

Before the abolition of Sloyd the following course was employed for

defectives:--

(With each year the group was divided into three terms, there being 17

weeks in each term and 35 hours in each week.)

GROUP I.--(Mathematical Dullards.)

FIRST TERM.

Mechanical drawing, Sloyd, athletics, and calisthenics, clay-modelling,

and mental arithmetic.

SECOND TERM.

Card-board construction takes the place of clay-modelling.

THIRD TERM.

Wood-turning instead of card-board construction.

* * * * *

GROUP II.--(Deficient in self-control.)

FIRST TERM.

Athletics and calisthenics, geometric construction involving the

intersection of solids, etc., wood-turning, pattern making, mechanical

drawing and Sloyd.

SECOND TERM.

Athletics and calisthenics, wood-carving, clay-modelling, mechanical

drawing and Sloyd.

THIRD TERM.

Athletics and calisthenics, chipping and filing, moulding, mechanical

drawing and Sloyd.

* * * * *

GROUP III.--(Stupids.)

FIRST TERM.

Athletics and calisthenics, free-hand drawing from solids and familiar

objects, elementary Sloyd, clay-modelling, mental arithmetic, and

sentence building.

SECOND TERM.

Sloyd, free-hand drawing, wood-carving, mental arithmetic, and

calisthenics.

THIRD TERM.

Sloyd, free-hand drawing, wood-turning, athletics and mental arithmetic.

=The Trades' School.=--Of all crimes, about 95 per cent. are committed

against property. It therefore appeared imperative to the management of

the Reformatory that every man passing through the institution should

be taught a useful trade so that he would be able to provide an honest

and sufficient livelihood for himself and for those who would be

dependent upon him. For this purpose the trades' school was established

and a regulation passed that all men entering the Reformatory without

the knowledge of a trade should be required to learn one before they

would be granted a parole.

Under conditions of free life it would be impossible to teach these men

a trade. In their haunts of crime the criminals live a lazy ambitionless

life and regard work as an evil to be avoided; the reformatory system,

however, captures his interest on behalf of industry by making his

liberty depend upon his having reached the status of an honest and

enthusiastic tradesman.

Two or three days after his arrival the newly committed prisoner is

personally interviewed by the superintendent. This interview, which is

in the nature of an exhaustive examination, generally discloses the

species of criminality to which his crime belongs. This knowledge is

made the basis of the plan which is then formulated for the course of

treatment to which he will be submitted.

In the selection of a trade, the prisoner is given the opportunity of

choosing for himself. If the choice show sincerity and intelligence, he

is applied to it. If, on the other hand, it should reveal mere

indifference or a desire to shirk hard work, the managers take all

matters into consideration and select the trade for him. Once placed at

a trade he is given to understand that he will be kept rigidly to it and

no release from imprisonment granted until his progress has satisfied

the authorities. Changes from one trade to another are rarely granted,

and then only when the learner has given unmistakable signs that he

cannot succeed at his first task. Within the trades school, his identity

is not lost sight of. Day by day, a record of his conduct and also of

his progress is kept. Every persuasive means is used to awaken his

understanding to the fact that his best interests are to be served by

habits of industry and application. The whole system is an appeal to his

desire for freedom. Freedom is offered to him but at a distance, and he

can reach it by no other means than that of following a given road, the

direction of which is very clearly pointed out to him.

The work is graduated according to his ability to make progress, and

care is taken to so arrange his course that he shall be taught

thoroughly all the fundamental principles of his trade. The ordinary

apprentice works so that he will be able to fulfil the orders that are

given to his master. The consequence of this is that two ideas exist,

the apprentice having the desire to learn a trade, his master desiring

to profit by his work. The end of the apprentice is served by constantly

advancing to new work, even though this should mean the loss of time and

the waste of material; his master's object is attained by keeping him

at that work which he learns quickest and giving the difficult work to

more experienced men, consequently he passes through his time and learns

but very little. Now, the pupil of the Elmira trades' school is not

considered to have completed his course until he has gained a thorough

knowledge of every department of his trade. Besides the practical

instruction given in the workshops, classes are also held in the

evenings and instruction given in mechanical drawing so that the men may

be able to understand any plan that may be put into their hands, and

also to draw plans for themselves. Trade journals are subscribed for and

circulated among the men.

The value of this industrial training extends beyond the providing the

means of obtaining an honest livelihood, for by making release depend

upon success, interest is thereby combined with industry. This

combination is bound to react upon the voluntary system and produces a

moral effect. Again it re-acts, this time beneficially upon the

character of the man.

The following is a list of all the trades taught in the Reformatory:--

Barbering

Bookbinding

Brass-smithing

Bricklaying

Cabinet-making

Carpentry

Clothing-cutting

Electricity

Frescoing

Hardwood-finishing

Horseshoeing

House-painting

Iron-forging

Machine-wood-working

Machinist's

Moulding

Music

Paint-mixing

Photo-engraving

Plastering

Plumbing

Printing

Stenography & typewriting

Shoemaking

Sign-painting

Steam-fitting

Stone-cutting

Stone-masonry

Tailoring

Telegraphy

Tinsmithing

Upholstery

Also,

Mechanical-drawing

In the year 1903 there were 1986 pupils instructed in these trades.

=The Results of the System.=--English critics have regarded the system

as being somewhat extravagant and as placing the honest labourer at a

disadvantage to the criminal. This criticism has been considerably

weakened of late years and the results investigated instead of being

imagined. The most careful investigation has made it impossible to deny

that the Reformatory achieves all that it claims to, viz.:--that it

contributes nothing to the strengthening of the criminal habit[1] and

therefore it is not a partial remedy, and that it actually returns to

society as useful citizens no less than 82 per cent.[2] of those

committed to it.

Lombroso speaks of the system as a practical application of the results

of the science of Criminology.

Should the system be adopted in other countries, it would need to be so

translated that it would accord with the traditions and customs of the

people.

FOOTNOTES:

[1] It is generally supposed that such a system cannot act as a

deterrent to crime. The American delegates to the International Prison

Congress (held in Paris in 1895) declared that the obligation imposed

upon the prisoners, in such institutions, to raise themselves by mental

as well as by industrial labour, into higher grades as a necessary

condition for liberation, is felt by many of them, to involve so much

exertion, that they would rather be consigned to some ordinary prison,

where self-improvement is not specially enforced. This system, they

declared, was more deterrent than was generally supposed.

[2] Of some 13,000 criminals who have passed through the Reformatory,

the number known definitely to have returned to crime is a little less

than 1 per cent. of the whole!

A Plea for the Criminal Being a reply to Dr. Chapple's work: 'The Fertility of the Unfit', and an Attempt to explain the leading principles of Criminological and Reformatory Science · 第 9 / 10 章