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 ScienceKayll, James Leslie Allan
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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
Kayll, James Leslie Allan
Chapple, William Allan, 1864-1936. The fertility of the unfit; Crime; Criminals; Reformatories
The criminal has a claim to be understood just as well as any other
creature. It is not necessary that his sympathisers should shut their
eyes to the fact that he is capable of shocking crime, that he is often
an ungrateful wretch that will bite the hand that feeds him and that
among his ranks are to be found the most depraved specimens of humanity
that the mind can conceive. A failure to recognize these facts is
actually a failure to do justice to his cause. Notwithstanding the
hideous history that he may have to unfold, he does ask to be
understood.
The majority of people take a most prejudiced view of the criminal's
case. They will read the account of some fearful outrage or the details
of a disgraceful divorce suit with absolutely no interest what ever in
the persons concerned but only for the sake of the morbid satisfaction
which such reading gives them. A glance at the sentence will draw forth
from them the exclamation that the wretch got no more than he deserved
or that he didn't get half enough. This simply indicates that society as
a whole has made very little real progress in the manner in which it
regards its criminals. The old barbaric idea of revenge is still the
dominant one and any scheme for the betterment of the criminal, even if
it should give unmistakeable signs that it will accomplish his absolute
reform, is carefully investigated to see whether it provides for a
sufficient degree of penal suffering. Suffering which is of an entirely
penal nature, has very little deterrent value and absolutely no
reformative value whatever. And yet our refined and educated men and
women will read the accounts of crimes and, in their own minds, sentence
the actors to five, ten, fourteen or twenty years; even death, as if
criminals were so used to this sort of thing that they thought no more
of it than their self-chosen judges would if deprived of a day's sport
or disappointed over a ball.
"But," as an ex-member of the Justice Department said to me, "do you
know what the wretch has done?" Yes, I do know what he has done, and I
know him personally and well, and I know of what he is capable and such
knowledge brings with it the conviction that society commits a greater
crime than that which he has committed when it undertakes to punish him
for his offence upon a principle of pure vengeance.
"Vengeance is mine," saith the Almighty, "I will repay." Society is not
God any more than is the individual, so that by acting in the collective
capacity no additional plea of justification may be advanced.
Public-domain text, read in full here on John Shaqi.
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