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
That the indeterminate sentence furnishes a powerful motive for
reformation is shown daily in this institution. You have only to watch
the student over his books, or mechanic over his tools to see the effort
that is being made to win that golden prize--a parole. How that motive
is undermined or taken away entirely when the sentence is definite is
readily perceived by taking a cursory glance over the records of men
sentenced here for a definite period. The greatest percentage of them
are careless, insolent, and furnish most of the class that goes to form
the nucleus of the lower or convict grades. Why? Because there is
nothing to work for. No parole can be gained by attention to duty. Time,
and time alone, counts for this class. Only to pass time and get to the
end of the sentence, that is all. No one can make a study of, or even
look about him and compare the records made by definite and indefinitely
sentenced men, without becoming a warm advocate of the indeterminate
sentence. The longer the maximum sentence of the man sent here, the
greater is his effort to travel along the straight and narrow path,
picking up such advantages as offer him through his stay in this
institution. The longer the maximum the stronger the motive, the smaller
the maximum, the smaller effort to earn a release. For example, men sent
here with two or two and a half years as the limit of their maximums, on
an average, remain here longer than those with a five, ten or twenty
years maximum hanging over them. The reason is obvious--the motive is
strengthened or weakened according as the sentence is lengthened or
shortened. The deterrent value of the absolutely indeterminate sentence
would be enormous. Not a question of a few months or years would the
criminal have to face; but a period which would not terminate until he
either reformed or died. As we have seen it gives a tremendous stimulus
to reform, and it would likewise give a powerful check to criminal
tendencies. Thus it relieves the Judge of an impossible task, is most
satisfactory to society, and most humane to the culprit.
It may be urged that since liberation would depend in a measure upon
proficiency in the trade-school and school of letters, that some
criminals whose criminality might be of a lesser degree, would be at a
greater disadvantage than others. That is not so. The system is
obviously a very complicated one, and only the bare outlines are being
given here. In operation it is absolutely fair, neither is any
inducement offered to commit crime for the benefits which the
trade-school confers. The managers know no such defect in their system
or otherwise they would report it. They have a free hand in the
employment of their methods, they are continually experimenting, and
they owe no devotion to "red tape."
Public-domain text, read in full here on John Shaqi.
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