In making this statement with respect to fines, I do not wish it to be
understood that all cases of drunkenness and assault should be
followed by imprisonment. On the contrary, it is a great mistake to
send anyone to gaol if it can possibly be avoided, and imprisonment
should never be resorted to so long as any other form of punishment
will serve the purpose. What is here stated is merely meant to bring
out the fact that the proportion of well-to-do among the prison
population does not accurately represent the proportion of offences
committed by that class; and it does not represent it for the simple
reason that the well-to-do have facilities for escaping imprisonment
which the ill-to-do have not. When a man with a certain command of
means is involved in criminal proceedings, he has always the
assistance of experienced counsel to defend him, he is always able to
secure the attendance of witnesses,[21] if he has any, and should the
offence be of a nature that a fine will condone, he is always able to
escape imprisonment by paying it. It very often happens that poor
people are unable to secure these advantages in a court of justice,
and prison statistics of the different classes, even if we had them,
would, for the reasons we have just mentioned, always give the working
classes more than their fair share of offenders.
[21] A case was tried in London a short time ago which illustrates
the difficulties in the way of poor people, so far as the
attendance of witnesses is concerned. In this case the witness
appeared five successive days in court waiting for the trial to
come on. Not being paid by the defendant, this witness was
unable to appear the sixth day. On that day the case was at
last called, the prisoner had now no witness and was, of course,
convicted.
Public-domain text, read in full here on John Shaqi.
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