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
If these different systems were more closely studied there would result
a great awakening as to the possibilities of the criminal, and society
would discover that its best interests were served by reforming its
offenders and making them moral and industrious servants of the State,
instead of by committing them to institutions where they were brought
into contact with consecrated villainy and where the unwholesome
influence is calculated to confirm them in criminal habits and make
them a constant menace and expense to the community. That our criminal
population is on the increase, and that the proportion of recidivists
grows larger every year, is scarcely to be wondered at in the midst of
such influences. Notwithstanding all that has been done to improve the
state of prisons from what they were even fifty years ago, yet the motto
"once a criminal always a criminal" is often too sadly true. The report
of the English commissioners of prisons shows that amongst those who
have been convicted during the year 1902, 51.9 per cent. of the men and
70.6 per cent. of the women had been previously convicted. In the past
these results were regarded as inevitable. Now they are regarded with
much disquietude. Formerly they were supposed to point to a defect in
the criminal, now they are understood to prove a defect in the penal
system. The reason for this defect lies in having regarded certain
objects as primary which are in reality only secondary. These objects
have been defined to be the deterrence of crime by the example of
punishing criminals; the repression of crime by the infliction of
punishment, and the protection of society as a consequence. The
deterrent value of the penal system has been greatly reduced by the
small amount of dread which it excites in the criminally disposed. The
representative value is of a minus quantity. Crime is assisted more than
it is crippled. The protection of society is secured only during the
period of incarceration. At the end of that period the criminal must be
discharged and he goes forth often a more skilful criminal than before
and with a vow to take vengeance upon society.
Regarding these objects as secondary the reformation of the offender has
been acknowledged as primary by criminologists, and they turned their
attention to study the criminal pathologically, to enquire into the
causes of crime and also to make trial of the best methods for securing
reformation. "Punishment the principle and reformation the incident,"
was the theory of the old school. The New school reverses the order to
"Reformation the principle and punishment the incident." Obviously this
course renounces the old principle of retaliation and vengeance and
embraces that indicated by Christ in his precept "bear ye one another's
burdens."
Public-domain text, read in full here on John Shaqi.
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