These facts speak for themselves and afford an incontestable proof of
the value of punishment as a remedial measure when other remedies have
failed.[33] In the re-action which is now in full force, and rightly
so, against the excessive punishments of past times, there is a marked
tendency among some minds to go to the opposite extreme, and an
attempt is being made to show that imprisonment has hardly any
curative effect at all. Its evils, and from the very nature of things
they are not a few, are almost exclusively elaborated and dwelt upon,
little attention being paid to the vast amount of good which
imprisonment alone is able to effect. It is possible that imprisonment
sends a few to utter perdition at a quicker pace than they would have
gone of their own accord, but on the other hand, it rescues many a man
before he has irrevocably committed himself to a life of crime. If it
fails the first time, it very often succeeds after the second or the
third, and no one is justified in saying imprisonment is worthless as
a reformative agency till it has failed at least three times. According
to the judicial statistics for England and Wales, imprisonment is
successful after the third time in about 80 per cent. of the cases
annually submitted to the criminal courts, and although it is a pity
that the percentage is not higher, yet it cannot fairly be said that
such results are an evidence of failure. The prison is unquestionably
a much less effective weapon for dealing with crime among Continental
peoples, and in the United States, than it has shown itself to be in
Great Britain; but this failure arises in the main from the laxity and
indulgence with which criminals are treated in foreign prisons. A
prison to possess any reformative value must always be made an
uncomfortable place to live in; Continental peoples and the people of
America have to a large extent lost sight of this fact; hence the
failure of their penal systems to stop the growth of the delinquent
population. If, however, imprisonment is not allowed to degenerate
into mere detention, it is bound to act as a powerful deterrent upon
grown-up offenders, and it is the only menace which will effectually
keep many of them within the law. The hope of reward and the fear of
punishment, or, in other words, love of pleasure, and dread of pain,
are the two most deeply seated instincts in the human breast; if Mr.
Darwin's theory be correct, it is through the operation of these
fundamental instincts that such a being as man has come into existence
at all. In any case these instincts have hitherto been the chief
ingredients of all human progress, the most effective spur to energy
of all kinds, and when properly utilised they are the most potent of
all deterrents to crime. Were it possible for the hand of social
justice to descend on every criminal with infallible certainty; were
it universally true that no crime could possibly escape punishment,
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