Chambers's Edinburgh Journal, No. 305: New Series, Saturday, November 3, 1849Various
History
Chambers's Edinburgh Journal, No. 305: New Series, Saturday, November 3, 1849
Various
Periodicals
The increase of juvenile delinquency has become alarming. The
criminal statistics of the country show that one-eighth of the
offences which occupy our courts of justice are committed by mere
children, and one-fourth by transgressors under twenty years of
age. The depredations daily and daringly committed, especially
in towns, and the destitution continually exhibited by crowds of
young persons, have, during the current year, caused the public
to manifest a very general anxiety to inquire into causes of so
great and augmenting an evil. The inquiry cannot proceed far
without eliciting the mournful fact, that the mode of dealing
with crime in its earlier stages is not only seriously defective,
but tends to foster and increase rather than to diminish it. Not
hundreds, but thousands, of children are daily seen in London,
and in every other large town, without the means of moral or
intellectual culture, except that which has recently been provided
by private benevolence. Abandoned by their parents, unrestrained,
uncared-for by the law; hungry, and without food; cold, without
clothing; weary, and without whereon to lay their heads; existing
amidst every kind of suffering, and consequently influenced by the
strongest temptations, they embrace crime as the only means of
escape from want. Then, and not till then, does the law condescend
to notice them; not to succour or reform, but to punish.
In this respect we are immeasurably behind the legislatures of
other countries, not only modern, but ancient. The laws of Greece
placed children of tender years in a state of pupilage, and made
their teachers and pastors responsible for their conduct. Orphans
who had no natural protectors were apportioned to 'patrons,' who
were charged with, and made accountable for, their wellbeing. In
modern France, and in other continental countries, children under
sixteen years of age are not held responsible for the crimes they
may commit, but their parents are; and if they have no parents, the
state provides for them in its own fashion. The sixty-sixth article
of the French penal code stands in English thus:--
'When the accused shall be under sixteen years of age, if it has
been decided that he has acted without discernment, he shall be
acquitted; but he must be, according to circumstances, returned to
his parents, or sent to a House of Correction, there to be "brought
up" (_élevé_), and detained during such a number of years as the
judgment shall specify, and which in no case must extend beyond
the time when the accused shall have attained his twentieth year.'
Public-domain text, read in full here on John Shaqi.
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