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
In some case of theft, minor assault, disturbing the peace, and other
offences which indicate a momentary and not very serious lapse of
self-control, or perhaps a somewhat vague conception of the supremacy of
the law, fines serve all the purposes of justice. A four-fold
restitution for all damage done might be taken as a standard to be
increased or diminished in exceptional cases. In all these instances the
culprit should be made to pay the fine himself even though it should
require a fairly lengthy period in which to liquidate it. Section 16 of
The New Zealand Criminal Code provides that the Court may exercise its
own discretion in imposing a fine upon any person whose offence rendered
them liable to a term of imprisonment. There are many cases, however,
even of first offenders, in which fining is quite useless.
=Imprisonment.=--So much has been written describing the various prison
systems in vogue in different parts of the world that it is unnecessary
to do much more than briefly outline them here.
(1). The congregate system. In which the prisoners are associated
together by day or by night or by both. Were the object to convert the
prison into a school of crime, no better system could be devised. The
standard of the lowest is the standard which must prevail under the
congregate system.
(2). The solitary system. The extreme opposite of the congregate system.
The prisoners are allowed to have practically no communication with
anyone whomsoever. In some countries this system is made indescribably
cruel. At Santiago in Chili in one part of the prison the inmates are
employed upon useful work under most humane conditions, and yet in
another part of the very same building a most barbarous system exists.
Mr F. B. Ward (quoted in Penological and Preventive Principles)
describes what he saw in 1893:--"In this splendid model institution
there are noisome, slimy cells, where daylight never enters, in which
human beings are literally buried alive. Under the massive arches of
enormously thick walls, where even in the outside rooms perpetual
twilight reigns, are inner cells, two feet wide by six feet long, and
destitute of a single article of furniture. Until recently, those
confined in them were walled in, the bricks being cemented in places
over the living tomb. Now there is a thick iron door, which is securely
nailed up and then fastened all around with huge clamps, exactly as the
vaults are closed in Santiago Cemetery, and over all the great red seal
of the Government is placed--not to be removed until the man is dead, or
his sentence has expired. The tiny grated window is covered by several
thicknesses of closely-woven wire netting, making dense darkness inside,
so that the prisoners cannot tell night from day. There is no
ventilation except through this netting, and no opening whatever to
admit outside air into the tomb. Low down in the iron door, close to the
ground, is a tiny sliding panel a foot long by a few inches wide
Public-domain text, read in full here on John Shaqi.
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