Essays; Great Britain -- Social conditions -- 20th century; World War, 1914-1918 -- Great Britain
Yet in the glibbest way that golden rule “protection of society and
reformation of the offender” is cited to cover all the flaws in our
administration of justice.
In its name men are prosecuted, when with better comprehension they
should be warned or helped.
In its name first offenders are imprisoned, when with better
comprehension the _imprisonment of first offenders_, of whatever age,
for whatever offence, should be unknown; a much greater danger to
society arises, and infinitely less chance of reforming the delinquent
exists, when that delinquent has once been committed to prison. Place
him on probation, or send him to a reformatory institution such as
Borstal, for whatever fixed period may seem necessary—but to a prison,
as prisons now are, never! To send him there is fatal, hopeless,
uneconomic, unscientific.
In its name, the continuance of closed-cell confinement is defended; and
we endeavour to reform men by consigning them to the operation of what,
in the words of its staunch supporter (the late Sir Edmund Du Cane), is,
“an artificial state of existence, absolutely opposed to that which
Nature points out as the condition of mental, moral, and physical
health.” We try in fact to protect society by a method that does not
reform. Many have raised their voices against this strange practice
since evidence, given before the Select Committee on Prison Discipline,
1850, described closed-cell confinement as dangerous to health, and
unjust to the prisoner “because it throws him back into society with
diminished physical ability to encounter the variableness of climate,
the severity of labour, and the pinchings of want, to which as a
labourer in the market of competition he must ever be liable.” . . .!
Yet in the name of the golden rule the practice lingers on, helping to
rot men and women.
In the name of this golden rule, prisoners working in association are,
in our prisons, forced into an unnatural silence, for ever furtively
evaded. Some silence may be good, but perpetual silence is too unnatural
not to defeat itself. Classification is the true preventive of
contamination, not complete separation, nor perpetual silence.
In its name the handicap of the ticket-of-leave (now, thank heaven,
modified) is placed on those who are desperately handicapped already.
The idea behind these and other practices of the administration of our
justice is that much deterrent suffering is needful for the protection
of society and the reformation of the offender. But those who know human
nature know that, except in rare cases, human beings cannot be
_reformed_ by suffering inflicted on them against their will, and it is
no use having a system of punishment beneficial to the few and harmful
to the majority. The late Lord Coleridge once made these remarks:—
Public-domain text, read in full here on John Shaqi.
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