A distinguished4 professor in a law school has said: "If any person shall be a third time convicted of any crime, no matter of what nature, he should be imprisoned5 at hard labor6 for life." At a National Prison Congress in 1886 another eminent7 professor thus indorsed this sentiment: "I believe there is but one cure for this great and[Pg 47] growing evil, and this is the imprisonment8 for life of the criminal once pronounced 'incorrigible.'" Later the governor of my own State told me that he would consider no petition for shortening the sentence of an "habitual9 criminal." Any leniency10 of attitude was stigmatized11 as "rose-water sentiment." And the heart of the community hardened itself against any plea for the twice-convicted man. What fate he was consigned12 to was not their affair so long as he was safely locked up.
In our eagerness for self-protection at any cost we lose sight of the fact that the criminal problem is one of conditions quite as much as of "cases." In our large cities, the great reservoirs of crime, we are but reaping the harvest of centuries of evil in older civilizations, and in our own civilization as well.
So far we have been dealing13 with effects more than with causes. Indeed, our dealings with lawbreakers, from the hour of arrest to the hour of discharge from prison have served to increase rather than to diminish the causes of crime. True enough it is that thousands of our fellow men have found life one great quicksand of criminal and prison experience in which cause and effect became in time inextricably tangled14.
[Pg 48]
And it sometimes happens that the twice-convicted man is in no way responsible for his first conviction, as happened to James Hopkins, a good boy reared in a New England family to a belief in God and respect for our courts. He was earning his living honestly when he was arrested on suspicion in Chicago and convicted of a burglary of which he knew nothing. He knew nothing either of the wiles15 of the courts and depended on his innocence16 as his defence. But the burglary was a daring one; some one must be punished, no other culprit was captured, so Hopkins was sent to one of our schools of crime supported by public taxation17 under the name of penitentiaries18. Pure homesickness simply overpowered the boy at first. "Night after night I cried myself to sleep," he told me. His cell happened to be on the top row where there was a window across the corridor, and summer evenings he could look across out into a field so like the field at home where he had played as a child. But the darkness of the winter evening shut out every glimpse of anything associated with home. He had not written his mother; he could not disgrace her with a letter from a convict son. She had warned him of the dangers of the city, but she[Pg 49] had never dreamed of what those dangers really were. She firmly believed that the courts were for the protection of the innocent, and would she believe that a court of justice had sent an innocent man to prison? He lost all faith in God and his heart hardened. Branded as a criminal, a criminal he resolved to be; and when I met him twenty years later he had a genuine criminal record as a scientific safe-blower.
In spite of his criminal career some of the roots of the good New England stock from which he was descended19 cropped out. With me he was the gentleman pure and simple, discussing courts and prisons in a manner as impersonal20 as my own; and he was a man of intelligence and an interesting talker. I had come in touch with Hopkins because I was at the time planning the future of his young cell-mate and I wanted the advice of the older man, as well as his assistance in preparing the younger to meet the responsibilities and temptations of freedom; and a better assistant I could not have had. Concerning his own future Hopkins maintained discreet21 reserve and unbroken silence as to his inner life. He had deliberately22 stifled23 a Puritan conscience; but I doubt if it was completely silenced, for while the lines in his face[Pg 50] indicated nothing criminal nor dissipated it was the face of a man in whom hope and ambition were forever dead, a face of unutterable sadness.[3]
I am free to admit that when I glance over the newspaper reports of brutal24 outrages25 and horrible crimes my sympathy swings over wholly to the injured party; I, too, feel as if no measure could be too severe for the perpetrator of the crime. That there are human beings whose confinement26 is demanded by public safety I do not question, but modern scientific study is leading us to the conclusion that back of abnormal crimes are abnormal physiological27 conditions or abnormal race tendencies. And the "habitual criminal" is not so designated because of the nature of his crimes but because of the number of his infractions of the law.
I might have concurred28 with the opinions of the[Pg 51] learned professors were it not that just when legislation in my own State was giving no quarter to second and third offenders29 I was being led into the midst of this submerged tenth of our prison population, and my loyalty31 to their cause has been unswerving ever since.
"Have any of your 'habituals' permanently reformed?" I am asked.
They certainly have, more of them than even my optimism expected and under circumstances when I have been amazed that their moral determination did not break. In my preconceived opinion, the most hopeless case I ever assisted surprised me by settling down, under favorable environment, into an honest, self-supporting citizen; and we may rest assured that he is guarding his boys from all knowledge of criminal life.
After I came to understand how all the odds32 were against the penniless one, scarred and crippled by repeated crimes and punishments, it was not his past nor his future that interested me so deeply as what was left of the man. I suppose I was always in search of that something which we call the soul. And I sometimes found it where I least looked for it—among the very dregs of convict life.
[Pg 52]
John Bryan stands out in clear relief in this connection. How well I remember my first meeting with this man, who was then more than forty years old, in broken health, serving a twenty-year sentence which he could not possibly survive. He had no family, received no letters, was utterly33 an outcast. Crime had been his "profession."[4] His face was not brutal, but it was hard, guarded in expression and seamed with lines. The facts of his existence he accepted apparently34 without remorse35, certainly without hope. This was life as he had made it, yes—but also as he had found it. His friends had been men of his own kind, and, judged by a standard of his own, he had respected them, trusted them, and been loyal to them. I knew this well for I sought his acquaintance hoping to obtain information supposed to be the missing link in a chain of evidence upon which the fate of another man depended. I assured Bryan that I would absolutely guard the safety of the man whose address I wanted, but Bryan was uncompromising in his refusal to give it to me, saying only: "Jenkins is a friend of mine.[Pg 53] You can't induce me to give him away. You may be sincere enough in your promises, but it's too risky36. I don't know you; but if I did you couldn't get this information out of me." Knowing that "honor among thieves" is no fiction I respected his attitude.
However, something in the man interested me, and moved to break in upon the loneliness and desolation of his life I offered to send him magazines and to answer any letters he might write me. Doubtless he suspected some ulterior motive37 on my part, for in the few letters that we exchanged I made little headway in acquaintance nor was a second interview more satisfactory. Bryan was courteous38—my prisoners were always courteous to me—but it was evident that I stood for nothing in his world. One day he wrote me that he did not care to continue our correspondence, and did not desire another interview. Regretting only that I had failed to touch a responsive chord in his nature I did not pursue the acquaintance further.
Some time afterward39, when in the prison hospital, I noticed the name "John Bryan" over the door of one of the cells. Before I had time to think John Bryan stood in the door with [Pg 54]outstretched hand and a smile of warmest welcome, saying:
"I am so glad to see you. Do come in and have a visit with me."
"But I thought you wanted never to see me again," I answered.
"It wasn't you I wanted to shut out. It was the thought of the whole dreadful outside world that lets us suffer so in here, and you were a part of that world."
In a flash I understood the world of meaning in his words and during the next hour, in this our last meeting, the seed of our friendship grew and blossomed like the plants of the Orient under the hand of the magician. It evidently had not dawned on him before that I, too, knew his world, that I could understand his feeling about it.
For two years he had been an invalid40 and his world had now narrowed to the "idle room," the hospital yard, and the hospital; his associates incapacitated, sick or dying convicts; his only occupation waiting for death. But he was given ample opportunity to study the character and the fate of these sick and dying comrades. He made no allusion41 to his own fate but told me how day after day his heart had been wrung42 with[Pg 55] pity, with "the agony of compassion43" for these others.
He knew of instances where innocent men were imprisoned on outrageously44 severe and unjust sentences, of men whose health was ruined and whose lives were blighted45 at the hands of the State for some trifling46 violation47 of the law; of cases where the sin of the culprit was white in comparison with the sin of the State in evils inflicted48 in the name of justice. He counted it a lighter49 sin to rob a man of a watch than to rob a man of his manhood or his health. It was, indeed, in bitterness of spirit that he regarded the courts and the churches which stood for justice and religion, yet allowed these wrongs to multiply. His point of View of the prison problem was quite the opposite of theirs.
Now, as I could have matched his score with cases of injustice50, as my heart, too, had been wrung with pity, when he realized that I believed him and felt with him the last barrier between us was melted.
There were at that time few persons in my world who felt as I did on the prison question, but in this heart suddenly opened to me I found many of my own thoughts and feelings reflected,[Pg 56] and we stood as friends on the common ground of sympathy for suffering humanity.
Another surprise was awaiting me when I changed the subject by asking Bryan what he was reading. It seemed that his starving heart had been seeking sympathy and companionship in books. He had turned first to the Greek philosophers, and in their philosophy and stoicism he seemed to have found some strength for endurance; but it was in the great religious teachers, those lovers of the poor, those pitiers of the oppressed, Jesus Christ and Buddha51, that he had found what he was really seeking. He had been reading Renan's "Jesus," also Farrar's "Life of Christ," as well as the New Testament52.
"Buddha was great and good and so were some of the other religious teachers," he said, "but Jesus Christ is better than all the rest." And with that Friend of the friendless I left him.
Strange indeed it seemed how the criminal life appeared to have fallen from him as a garment, and yet in our prison administration this man stood as the very type of the "incorrigible." What his course of action would have been had Bryan been given his freedom I should not care to predict. Physically53 he was absolutely [Pg 57]incapable of supporting himself honestly, and he might have agreed with another who said to me: "Any man of self-respect would rather steal than beg." There are those to whom no bread is quite so bitter as the bread of charity. But I am certain that the John Bryan who revealed himself to me in that last interview was the real man, the man who was going forward, apparently without fear, to meet the judgment54 of his Maker55.
A noted56 preacher once said to me: "Oh, give up this prison business. It's too hard on you, too wearing and depressing." And I replied: "Not all the preachers in the land could teach me spiritually what these convicts are teaching me, or give me such faith in the ultimate destiny of the human soul." Perhaps my experience has been exceptional, but it was the older criminals, the men who had sowed their wild oats and come to their senses, who most deepened my faith in human nature.
I am glad to quote in this connection the words of an experienced warden57 of a large Eastern penitentiary58, who says: "I have yet to find a case where I believe that crime has been taught by older criminals to younger ones. I believe, on the contrary, that the usual advice of the old[Pg 58] criminal to the boys is: 'See what crime has brought me to, and when you get out of here behave yourselves.'"
My whole study of "old-timers" verifies this statement; moreover, I am inclined to believe that in very many instances the criminal impulses exhaust themselves shortly after the period of adolescence59, when the fever of antagonism60 to all restraint has run its course, so to say; and I believe the time is coming when this branch of the subject will be scientifically studied.
It is greatly to be regretted that the juvenile61 courts, now so efficient in rescuing the young offender30 from the criminal ranks, had not begun their work before the second or third offence had blotted62 hope from the future of so many of the younger men in our penitentiaries; for the indeterminate sentence under the board of pardons has done little to mitigate63 the fate of those whose criminal records show previous convictions.
Hitherto we have been dealing with crimes. But the time is at hand when we shall deal with men.[5]
FOOTNOTES:
[3] We instinctively64 visualize65 "confirmed criminals" with faces corresponding to their crimes. But our prejudices are often misleading. I once handed to a group of prison commissioners66 the newspaper picture of a crew of a leading Eastern university. The crew were in striped suits and were assumed to be convicts, with the aid of a little suggestion. It was interesting to see the confidence of the commissioners as they pronounced one face after another "the regular criminal type." The fact is that with one or two exceptions my "habituals," properly clothed, might have passed as church members, some of them even as theological students.
[4] I seldom heard the terms "habitual" or "incorrigible" used by men of his class, but the "professionals" seemed to have a certain standing67 with each other.
[5] For full discussion of this matter the reader is referred to "Individualism in Punishment," by M. Salielles, one of the most valuable contributions yet made to the study of penology. Also Sir James Barr's "The Aim and Scope of Eugenics" demands the recognition of the individual in the criminal.
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1 incorrigible | |
adj.难以纠正的,屡教不改的 | |
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2 amenable | |
adj.经得起检验的;顺从的;对负有义务的 | |
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3 permanently | |
adv.永恒地,永久地,固定不变地 | |
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4 distinguished | |
adj.卓越的,杰出的,著名的 | |
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5 imprisoned | |
下狱,监禁( imprison的过去式和过去分词 ) | |
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6 labor | |
n.劳动,努力,工作,劳工;分娩;vi.劳动,努力,苦干;vt.详细分析;麻烦 | |
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7 eminent | |
adj.显赫的,杰出的,有名的,优良的 | |
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8 imprisonment | |
n.关押,监禁,坐牢 | |
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9 habitual | |
adj.习惯性的;通常的,惯常的 | |
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10 leniency | |
n.宽大(不严厉) | |
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11 stigmatized | |
v.使受耻辱,指责,污辱( stigmatize的过去式和过去分词 ) | |
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12 consigned | |
v.把…置于(令人不快的境地)( consign的过去式和过去分词 );把…托付给;把…托人代售;丟弃 | |
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13 dealing | |
n.经商方法,待人态度 | |
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14 tangled | |
adj. 纠缠的,紊乱的 动词tangle的过去式和过去分词 | |
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15 wiles | |
n.(旨在欺骗或吸引人的)诡计,花招;欺骗,欺诈( wile的名词复数 ) | |
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16 innocence | |
n.无罪;天真;无害 | |
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17 taxation | |
n.征税,税收,税金 | |
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18 penitentiaries | |
n.监狱( penitentiary的名词复数 ) | |
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19 descended | |
a.为...后裔的,出身于...的 | |
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20 impersonal | |
adj.无个人感情的,与个人无关的,非人称的 | |
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21 discreet | |
adj.(言行)谨慎的;慎重的;有判断力的 | |
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22 deliberately | |
adv.审慎地;蓄意地;故意地 | |
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23 stifled | |
(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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24 brutal | |
adj.残忍的,野蛮的,不讲理的 | |
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25 outrages | |
引起…的义愤,激怒( outrage的第三人称单数 ) | |
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26 confinement | |
n.幽禁,拘留,监禁;分娩;限制,局限 | |
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27 physiological | |
adj.生理学的,生理学上的 | |
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28 concurred | |
同意(concur的过去式与过去分词形式) | |
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29 offenders | |
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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30 offender | |
n.冒犯者,违反者,犯罪者 | |
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31 loyalty | |
n.忠诚,忠心 | |
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32 odds | |
n.让步,机率,可能性,比率;胜败优劣之别 | |
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33 utterly | |
adv.完全地,绝对地 | |
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34 apparently | |
adv.显然地;表面上,似乎 | |
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35 remorse | |
n.痛恨,悔恨,自责 | |
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36 risky | |
adj.有风险的,冒险的 | |
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37 motive | |
n.动机,目的;adv.发动的,运动的 | |
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38 courteous | |
adj.彬彬有礼的,客气的 | |
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39 afterward | |
adv.后来;以后 | |
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40 invalid | |
n.病人,伤残人;adj.有病的,伤残的;无效的 | |
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41 allusion | |
n.暗示,间接提示 | |
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42 wrung | |
绞( wring的过去式和过去分词 ); 握紧(尤指别人的手); 把(湿衣服)拧干; 绞掉(水) | |
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43 compassion | |
n.同情,怜悯 | |
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44 outrageously | |
凶残地; 肆无忌惮地; 令人不能容忍地; 不寻常地 | |
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45 blighted | |
adj.枯萎的,摧毁的 | |
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46 trifling | |
adj.微不足道的;没什么价值的 | |
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47 violation | |
n.违反(行为),违背(行为),侵犯 | |
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48 inflicted | |
把…强加给,使承受,遭受( inflict的过去式和过去分词 ) | |
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49 lighter | |
n.打火机,点火器;驳船;v.用驳船运送;light的比较级 | |
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50 injustice | |
n.非正义,不公正,不公平,侵犯(别人的)权利 | |
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51 Buddha | |
n.佛;佛像;佛陀 | |
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52 testament | |
n.遗嘱;证明 | |
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53 physically | |
adj.物质上,体格上,身体上,按自然规律 | |
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54 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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55 maker | |
n.制造者,制造商 | |
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56 noted | |
adj.著名的,知名的 | |
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57 warden | |
n.监察员,监狱长,看守人,监护人 | |
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58 penitentiary | |
n.感化院;监狱 | |
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59 adolescence | |
n.青春期,青少年 | |
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60 antagonism | |
n.对抗,敌对,对立 | |
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61 juvenile | |
n.青少年,少年读物;adj.青少年的,幼稚的 | |
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62 blotted | |
涂污( blot的过去式和过去分词 ); (用吸墨纸)吸干 | |
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63 mitigate | |
vt.(使)减轻,(使)缓和 | |
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64 instinctively | |
adv.本能地 | |
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65 visualize | |
vt.使看得见,使具体化,想象,设想 | |
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66 commissioners | |
n.专员( commissioner的名词复数 );长官;委员;政府部门的长官 | |
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67 standing | |
n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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