The difficulties surrounding the theory of retribution have led to other definitions of punishment. Punishment, it is said, is not inflicted on the offender10 as a retribution for his misdeeds, it is inflicted for the purpose of protecting society against its enemies. Such a view leaves moral considerations entirely11 out of account; it leaves no room for the just indignation of the public at the spectacle of crime. It is defective12 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 perfectly13 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 penal14 servitude, sincerely and bitterly repented15 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 mere16 attainment17 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 incorrigible18 set of offenders19 than habitual20 vagrants22 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 recur23. 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 judicial25 bench that a man receives a certain sentence as a warning and example to others. If such is the end of punishment it lamentably26 fails in its purpose, for in a number of cases it neither deters27 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 inflict5 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 expiation28 and a discipline, or, in other words, an expiatory29 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 deterrence30, but it undoubtedly31 takes its highest form when it combines expiation with discipline. Punishment of this nature still remains punitive33 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 vengeance34; 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 retention24 of this form of punishment. To set forth35 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 controversy36 the contest between the opposing parties is a fairly even one. In fact, looking at the matter from a purely37 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 battalions38 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 supreme39 sentence of the law, and secondly40, in the steady diminution41 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 eminent42 French authorities, the penal settlement in New Caledonia is hardly justifying43 the anticipations44 of its founders45.
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 solitary46 confinement47. In the next stage he is allowed to work in association with other prisoners; and in the last stage he is conditionally48 released before his sentence has actually expired. If a prisoner conducts himself well, if he shows that he is industrious49, he will be released at the expiration50 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 imprisonment51; the only difference being that he is provided with better food. During the period of detention52 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 Probation53 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 schooling55. 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 specially56 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 gratuity57 amounting to six pounds. Such men are, as a matter of course, liberated58 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 mitigated59. Isolation60 is not so strictly61 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 inmate62 confided63 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, Charing64 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 fixed65 rota, attends daily for this purpose. The first step is to give them a plentiful66 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 previously67 received from the prison, and this information is, of course, of the greatest value as a guide to dealing68 with the particular case. After friendly discussion with the convict at one or more interviews, and further inquiry69, if need be, by the officers of the Society, the course to be taken in each case is decided70 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 gratuities71 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 recipient72 is to be employed is provided.
"The cases of men or women who elect to remain in or near the Metropolis73 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 lodgings75 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 proceeding76 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, Brook77 St. Holborn. This Society provides a home for the person whose sentence has expired; it is managed by a man (Mr. Wheatley) possessed78 of an unsurpassed knowledge of the work; and it is year by year rendering79 effective service to the convict population. Some idea of the work accomplished81 by Societies such as those just mentioned may be gathered from the fact that about two thirds of the discharged convicts are annually82 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 physically83 capable and willing to work, has any excuse for relapsing into crime."
This brief sketch84 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 Magistrates85, and almost every county had then its own prison. One of the chief defects of this system was the multiplication87 of prisons; one of its chief virtues88 was that local power kept alive local interest in a way which is impossible with highly centralised machinery89. 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 herding90 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 descends91 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 impaired92 by herding too many lads together under one roof; it is now seen that the success of these institutions is marred93 by making them too large; it is accepted as an established maxim54 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 Commissioners94 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 Inspectors95, 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 solitude96 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 sufficiently97 high temperature for health and comfort. The cell contains a bed and other personal requisites99; it also contains a copy of the prison rules. Before the prisoner is finally allocated100 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 capabilities101 are specially tested. The seclusion102 of the cell is varied103 by a short service in the prison chapel104 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 cellular105 system is an application of the old monastic system to the treatment of criminals. The first cellular prison was built in Rome by Pope Clement106 XI. at the commencement of the eighteenth century; its design was taken from a monastery107. 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 novice108; 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 worthy109 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 corrupt110 recidivists, the residuum of large towns who must undoubtedly be isolated111 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 condemned112 by the experience of ordinary life become useful on the day some tribunal pronounces a sentence of imprisonment? The physiological113 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 pampered114 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 disposition115 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 stifled116 as they are at present; he would not be so entirely left to the vacuity117 of his own mind; he would not be so readily led to the indulgence of disgusting vices118 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 martinet119, 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 mediocre120 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 requisite98 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 deficient121 in this knowledge he will not be able to carry out the sentences of the law efficiently122, and the maintenance of his official authority will be encumbered123 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 psychology124. The historical, philosophic125, and legal aspects of criminal jurisprudence as well as its formal contents ought not to be unknown ground. In the domain127 of prison science he should be thoroughly128 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 administrative129 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 ripened130 judgment131.
"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 harmonious132 co-operation the objects of a prison may be more certainly attained133.
"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 drawn134 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 miserable135; a determination in spite of failures and disappointments to despair of no man and nothing."[46]
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 Baron136 von Holtzendorff was of a similar opinion, holding that one man can in a short time undo32 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 immediate137 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 mischievous138 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 inflexible139 firmness on the rules of discipline, he is able at the same time by tact140 and kindliness141 to diffuse142 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 entrusted143 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 gulf144 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 estrange145 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 relatively146 simple matter for the one to influence the other for good.
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 delinquent147 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 gaol148. 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 redeem149 their character and wipe out the blot150 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 vice80."[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 deterring151 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 primitive152 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 prudence126, 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 vagrant21, 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.
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 degenerate153 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 livelihood154. 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 seclude155 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 incapable156 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 redeemed157 from pledge, or a lodging74, 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, conscientious158 work is performed. These societies are voluntary agencies formed for the relief of discharged prisoners. Their funds are derived159 partly from private subscriptions160 and donations, partly from ancient bequests161, 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 treasurers162 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 destitute163 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 organisation164 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 hesitation165 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 magistrate86 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 exhausted166 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 rebuked167 in the police court. Such a rebuke168 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 borough169 of Liverpool, with the result that the number of known thieves apprehended170 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 deterred171 by light sentences, but rather emboldened172 in their sinister173 career.
THE END.
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1
deterrent
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| n.阻碍物，制止物；adj.威慑的，遏制的 | |
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pointed
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| adj.尖的，直截了当的 | |
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remains
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| n.剩余物，残留物；遗体，遗迹 | |
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applied
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| adj.应用的；v.应用，适用 | |
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inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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inflicting
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| 把…强加给，使承受，遭受( inflict的现在分词 ) | |
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inflicted
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| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
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slanderer
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| 造谣中伤者 | |
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slandering
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| [法]口头诽谤行为 | |
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offender
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| n.冒犯者，违反者，犯罪者 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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defective
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| adj.有毛病的，有问题的，有瑕疵的 | |
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perfectly
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| adv.完美地，无可非议地，彻底地 | |
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penal
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| adj.刑罚的；刑法上的 | |
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repented
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| 对（自己的所为）感到懊悔或忏悔( repent的过去式和过去分词 ) | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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attainment
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| n.达到，到达；［常pl.］成就，造诣 | |
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incorrigible
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| adj.难以纠正的，屡教不改的 | |
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offenders
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| n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物） | |
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20
habitual
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| adj.习惯性的；通常的，惯常的 | |
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vagrant
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| n.流浪者，游民；adj.流浪的，漂泊不定的 | |
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vagrants
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| 流浪者( vagrant的名词复数 )； 无业游民； 乞丐； 无赖 | |
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23
recur
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| vi.复发，重现，再发生 | |
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retention
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| n.保留，保持，保持力，记忆力 | |
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25
judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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lamentably
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| adv.哀伤地，拙劣地 | |
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deters
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| v.阻止，制止( deter的第三人称单数 ) | |
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expiation
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| n.赎罪，补偿 | |
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29
expiatory
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| adj.赎罪的，补偿的 | |
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30
deterrence
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| 威慑，制止； 制止物，制止因素； 挽留的事物； 核威慑 | |
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31
undoubtedly
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| adv.确实地，无疑地 | |
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32
undo
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| vt.解开，松开；取消，撤销 | |
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33
punitive
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| adj.惩罚的，刑罚的 | |
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34
vengeance
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| n.报复，报仇，复仇 | |
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35
forth
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| adv.向前；向外，往外 | |
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controversy
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| n.争论，辩论，争吵 | |
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purely
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| adv.纯粹地，完全地 | |
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38
battalions
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| n.（陆军的）一营（大约有一千兵士）( battalion的名词复数 )；协同作战的部队；军队；（组织在一起工作的）队伍 | |
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supreme
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| adj.极度的，最重要的；至高的，最高的 | |
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40
secondly
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| adv.第二，其次 | |
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41
diminution
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| n.减少；变小 | |
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42
eminent
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| adj.显赫的，杰出的，有名的，优良的 | |
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43
justifying
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| 证明…有理( justify的现在分词 )； 为…辩护； 对…作出解释； 为…辩解（或辩护） | |
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44
anticipations
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| 预期( anticipation的名词复数 )； 预测； （信托财产收益的）预支； 预期的事物 | |
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45
founders
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| n.创始人( founder的名词复数 ) | |
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46
solitary
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| adj.孤独的，独立的，荒凉的；n.隐士 | |
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47
confinement
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| n.幽禁，拘留，监禁；分娩；限制，局限 | |
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48
conditionally
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| adv. 有条件地 | |
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49
industrious
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| adj.勤劳的，刻苦的，奋发的 | |
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50
expiration
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| n.终结，期满，呼气，呼出物 | |
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51
imprisonment
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| n.关押，监禁，坐牢 | |
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52
detention
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| n.滞留，停留；拘留，扣留；(教育)留下 | |
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53
probation
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| n.缓刑(期)，(以观后效的)察看；试用(期) | |
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54
maxim
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| n.格言，箴言 | |
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55
schooling
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| n.教育；正规学校教育 | |
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56
specially
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| adv.特定地；特殊地；明确地 | |
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57
gratuity
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| n.赏钱，小费 | |
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58
liberated
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| a.无拘束的，放纵的 | |
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59
mitigated
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| v.减轻，缓和( mitigate的过去式和过去分词 ) | |
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60
isolation
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| n.隔离，孤立，分解，分离 | |
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61
strictly
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| adv.严厉地，严格地；严密地 | |
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62
inmate
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| n.被收容者；(房屋等的)居住人；住院人 | |
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63
confided
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| v.吐露（秘密，心事等）( confide的过去式和过去分词 )；（向某人）吐露（隐私、秘密等） | |
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64
charing
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| n.炭化v.把…烧成炭，把…烧焦( char的现在分词 )；烧成炭，烧焦；做杂役女佣 | |
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65
fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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66
plentiful
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| adj.富裕的，丰富的 | |
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67
previously
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| adv.以前，先前（地） | |
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68
dealing
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| n.经商方法，待人态度 | |
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69
inquiry
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| n.打听，询问，调查，查问 | |
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70
decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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71
gratuities
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| n.报酬( gratuity的名词复数 )；小账；小费；养老金 | |
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72
recipient
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| a.接受的,感受性强的 n.接受者,感受者,容器 | |
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73
metropolis
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| n.首府；大城市 | |
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74
lodging
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| n.寄宿，住所；(大学生的)校外宿舍 | |
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75
lodgings
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| n. 出租的房舍, 寄宿舍 | |
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76
proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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77
brook
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| n.小河，溪；v.忍受，容让 | |
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78
possessed
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| adj.疯狂的；拥有的，占有的 | |
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rendering
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| n.表现，描写 | |
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80
vice
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| n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的 | |
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81
accomplished
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| adj.有才艺的；有造诣的；达到了的 | |
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82
annually
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| adv.一年一次，每年 | |
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83
physically
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| adj.物质上，体格上，身体上，按自然规律 | |
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84
sketch
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| n.草图；梗概；素描；v.素描；概述 | |
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85
magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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86
magistrate
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| n.地方行政官，地方法官，治安官 | |
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87
multiplication
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| n.增加，增多，倍增；增殖，繁殖；乘法 | |
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88
virtues
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| 美德( virtue的名词复数 )； 德行； 优点； 长处 | |
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89
machinery
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| n.(总称)机械，机器；机构 | |
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90
herding
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| 中畜群 | |
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91
descends
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| v.下来( descend的第三人称单数 )；下去；下降；下斜 | |
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92
impaired
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| adj.受损的；出毛病的；有（身体或智力）缺陷的v.损害，削弱( impair的过去式和过去分词 ) | |
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93
marred
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| adj. 被损毁, 污损的 | |
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94
commissioners
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| n.专员( commissioner的名词复数 )；长官；委员；政府部门的长官 | |
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95
inspectors
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| n.检查员( inspector的名词复数 )；（英国公共汽车或火车上的）查票员；（警察）巡官；检阅官 | |
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96
solitude
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| n. 孤独; 独居,荒僻之地,幽静的地方 | |
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97
sufficiently
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| adv.足够地，充分地 | |
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requisite
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| adj.需要的，必不可少的；n.必需品 | |
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99
requisites
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| n.必要的事物( requisite的名词复数 ) | |
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100
allocated
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| adj. 分配的 动词allocate的过去式和过去分词 | |
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101
capabilities
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| n.能力( capability的名词复数 )；可能；容量；[复数]潜在能力 | |
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102
seclusion
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| n.隐遁，隔离 | |
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103
varied
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| adj.多样的，多变化的 | |
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104
chapel
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| n.小教堂，殡仪馆 | |
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105
cellular
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| adj.移动的；细胞的，由细胞组成的 | |
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106
clement
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| adj.仁慈的；温和的 | |
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107
monastery
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| n.修道院，僧院，寺院 | |
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108
novice
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| adj.新手的，生手的 | |
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109
worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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corrupt
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| v.贿赂，收买；adj.腐败的，贪污的 | |
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111
isolated
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| adj.与世隔绝的 | |
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condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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physiological
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| adj.生理学的，生理学上的 | |
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114
pampered
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| adj.饮食过量的，饮食奢侈的v.纵容，宠，娇养( pamper的过去式和过去分词 ) | |
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115
disposition
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| n.性情，性格；意向，倾向；排列，部署 | |
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stifled
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| （使）窒息， （使）窒闷( stifle的过去式和过去分词 )； 镇压，遏制； 堵 | |
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vacuity
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| n.(想象力等)贫乏，无聊，空白 | |
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118
vices
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| 缺陷( vice的名词复数 )； 恶习； 不道德行为； 台钳 | |
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119
martinet
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| n.要求严格服从纪律的人 | |
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mediocre
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| adj.平常的，普通的 | |
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deficient
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| adj.不足的，不充份的，有缺陷的 | |
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efficiently
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| adv.高效率地，有能力地 | |
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123
encumbered
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| v.妨碍，阻碍，拖累( encumber的过去式和过去分词 ) | |
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psychology
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| n.心理，心理学，心理状态 | |
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philosophic
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| adj.哲学的，贤明的 | |
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prudence
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| n.谨慎，精明，节俭 | |
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domain
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| n.(活动等)领域，范围；领地，势力范围 | |
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thoroughly
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| adv.完全地，彻底地，十足地 | |
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administrative
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| adj.行政的，管理的 | |
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ripened
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| v.成熟，使熟( ripen的过去式和过去分词 ) | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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harmonious
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| adj.和睦的，调和的，和谐的，协调的 | |
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attained
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| （通常经过努力）实现( attain的过去式和过去分词 )； 达到； 获得； 达到（某年龄、水平、状况） | |
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drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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miserable
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| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
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baron
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| n.男爵；(商业界等)巨头，大王 | |
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immediate
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| adj.立即的；直接的，最接近的；紧靠的 | |
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mischievous
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| adj.调皮的，恶作剧的，有害的，伤人的 | |
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inflexible
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| adj.不可改变的，不受影响的，不屈服的 | |
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tact
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| n.机敏，圆滑，得体 | |
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kindliness
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| n.厚道，亲切，友好的行为 | |
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diffuse
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| v.扩散；传播；adj.冗长的；四散的，弥漫的 | |
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entrusted
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| v.委托，托付( entrust的过去式和过去分词 ) | |
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gulf
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| n.海湾；深渊，鸿沟；分歧，隔阂 | |
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estrange
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| v.使疏远，离间，使离开 | |
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relatively
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| adv.比较...地，相对地 | |
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delinquent
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| adj.犯法的，有过失的；n.违法者 | |
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gaol
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| n.(jail)监狱；(不加冠词)监禁；vt.使…坐牢 | |
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redeem
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| v.买回，赎回，挽回，恢复，履行（诺言等） | |
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blot
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| vt.弄脏（用吸墨纸）吸干；n.污点，污渍 | |
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deterring
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| v.阻止，制止( deter的现在分词 ) | |
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primitive
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| adj.原始的；简单的；n.原(始)人，原始事物 | |
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degenerate
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| v.退步，堕落；adj.退步的，堕落的；n.堕落者 | |
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livelihood
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| n.生计，谋生之道 | |
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seclude
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| vi.使隔离，使孤立，使隐退 | |
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incapable
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| adj.无能力的，不能做某事的 | |
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redeemed
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| adj. 可赎回的，可救赎的 动词redeem的过去式和过去分词形式 | |
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conscientious
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| adj.审慎正直的，认真的，本着良心的 | |
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159
derived
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| vi.起源；由来；衍生；导出v.得到( derive的过去式和过去分词 )；（从…中）得到获得；源于；（从…中）提取 | |
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subscriptions
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| n.（报刊等的）订阅费( subscription的名词复数 )；捐款；（俱乐部的）会员费；捐助 | |
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161
bequests
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| n.遗赠( bequest的名词复数 )；遗产，遗赠物 | |
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treasurers
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| （团体等的）司库，财务主管( treasurer的名词复数 ) | |
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163
destitute
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| adj.缺乏的；穷困的 | |
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organisation
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| n.组织，安排，团体，有机休 | |
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hesitation
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| n.犹豫，踌躇 | |
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exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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167
rebuked
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| 责难或指责( rebuke的过去式和过去分词 ) | |
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168
rebuke
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| v.指责，非难，斥责 [反]praise | |
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borough
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| n.享有自治权的市镇；(英)自治市镇 | |
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170
apprehended
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| 逮捕，拘押( apprehend的过去式和过去分词 )； 理解 | |
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deterred
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| v.阻止，制止( deter的过去式和过去分词 ) | |
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172
emboldened
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| v.鼓励，使有胆量( embolden的过去式和过去分词 ) | |
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sinister
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| adj.不吉利的，凶恶的，左边的 | |
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