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
General
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 Indeterminate Sentence.=--The ideal Indeterminate sentence provides
that when once a criminal falls into the clutches of the law he shall be
deprived of his liberty until he has given satisfactory evidence that he
is able to conduct himself as an honest and industrious citizen. It
makes no distinction between different crimes, such as to provide that
the man who embezzles shall receive a longer sentence than the man who
commits arson or vice versa, but makes the restoration of liberty depend
entirely upon reformation. It refuses to tolerate the idea that any
criminals should be at large to prey upon society, and it thus imposes
upon society the obligation to undertake the reform of all criminals.
This IDEAL sentence, however, does not exist. At Elmira, the
authorities are obliged to recognise a maximum, so that if at the expiry
of this maximum, the prisoner should have made no progress towards
reform he must, nevertheless, be discharged. Since, however, a man may
at Elmira reduce a sentence of ten years to something like 22 months, a
great incentive is given to him to identify himself with the efforts
being made on his behalf. From every point of view the indeterminate
sentence in the case of those sent to reformatories appears the most
reasonable. The business of the trial court is concluded as soon as the
question of guilt is determined. The judge has not imposed on him the
impossible task of measuring out a punishment which in its severity
shall exactly accord with the degree of crime committed. The question of
the prisoner's sanity is not left to the jury to decide but to qualified
alienists. Neither does this question determine his GUILT but
only his RESPONSIBILITY. No account has to be made of the
provocation from which the prisoner suffered at the committal of his
crime. If but a small degree of criminality exist, the safest adjustment
of punishment is to be found in the indeterminate sentence. From the
social point of view, it gives the best safeguard to the society. It
guarantees that a criminal once convicted shall cease to prey upon
society. He will either reform and return to society as a useful member
thereof and a contributor to its wealth, or else, refusing to reform, he
will never regain his liberty. This sentence lays it down that society
ought not to tolerate criminals in its midst. Imprisonment for a fixed
period under our present penal system serves but to exasperate the
criminal, and at the end of his sentence, when he is a more dangerous
criminal than ever, the law demands that he shall be released. It is
only by indeterminate sentences that society obtains the guarantee it
may justly demand. For its effect as a means of discipline a prisoner
will give his own experience. The following extract, was written by an
inmate of the Reformatory in 1898:--"From the view-point of a 'man up a
tree' I would say that the character of our sentence has everything to
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account