The evils we have described are patent and notorious; the only
question, therefore, that arises is, whether they are inevitable and
inherent in the nature of things, or whether they may be avoided
by greater care and an improved system. Before entering upon this
question, it may be well to notice briefly the various opinions
that are entertained concerning the proper end and aim of criminal
punishment. We take for granted, that in every community, under
whatever political constitution it may exist and be associated,
the sole object of criminal _law_ is the peace and security of
society. With regard to the means by which this object may be best
attained, or, in other words, with regard to the whole system of
jurisprudence, from a preventive police down to the discipline
of jails and the machinery of the scaffold, a great diversity
of sentiment must naturally be expected. The pure theorist and
the subtle disciple of Paley, maintain that the proper, nay, the
sole object of punishment should be the prevention of crime. The
philanthropic enthusiast, and the man of strict religious feeling,
reject all other motives save only that of reforming the criminal.
The dispassionate inquirer, the practical man, and he who has
learned his lessons in the school of experience, take a middle
course, though inclining a little to the theory of Paley. They
hold that, whilst the amount, and to some extent the quality, of
punishment should be settled and defined chiefly with a view to
prevent the increase of crime by the deterring effect of fear,
yet the details ought, if possible, to be so managed as in the
end to bring about the reformation of the prisoner. We have no
hesitation in avowing, that this last opinion is our own. There is
an argument in its favour, which the most rigid disciple of the
pure "prevention" theory must recognise immediately as one of his
own most valued weapons. The "peace and security of society" are
his watchwords. They are ours also. But whilst, in his opinion, the
only way to produce the desired result is by a system of terrorism,
such as will deter from the perpetration of crime, we believe that
a careful solicitude concerning the moral conduct of the criminal
during his imprisonment, and an anxious endeavour to instruct and
improve his mind, by enforcing good habits, and taking away bad
example, would be found equally powerful in their operation upon
the well-being of society. For although it is a lamentable fact,
that the number of our criminals is always being kept up to its full
complement, by the addition of juvenile offenders, so that it would
be vain to indulge a hope, without cutting off the feeding-springs,
of materially diminishing our criminal population; yet it is equally
true that the most desperate and dangerous offenders are they who
have served their apprenticeship in jails, and there accomplished
themselves in all the various devices of ingenious wickedness. It
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