Parole and probation are much the same in theory. In both these cases
the clemency should depend much more upon the man than on the crime. It
does not follow that a very serious crime shows a poorer moral fibre
than a lesser one. It may well be that the seemingly slight
transgressions, like stealing small amounts, picking pockets and the
like, show a really weaker nature than goes with a more heroic crime.
There is no such liability to repeat in homicide as there is in forgery,
pocket-picking or swindling. The seriousness of a homicide is likely to
make it impossible that the same man shall ever kill again. Many such
men would be perfectly safe on probation or parole. But the smaller
things that are easily concealed and come from an effort of the
condemned to live, either without work or in a better way than his
ability or training permits him to do in the hard and unfair conditions
that society imposes, are often much harder to overcome. At any rate,
the main question should be in regard to the man and not the crime. In
cases of parole or probation, society should do what it can to help the
man make good. Generally employment is necessary and a different and
easier environment often indispensable. If organized society would only
take the pains to make an easier environment for all the less favored,
the problem would be fairly simple and most of the misery that comes
from crime and prison would gradually disappear.
XXXVI
REMEDIES
Students of crime and punishment have never differed seriously in their
conclusions. All investigations have arrived at the result that crime is
due to causes; that man is either not morally responsible, or
responsible only to a slight degree. All have doubted the efficacy of
punishment and practically no one has accepted the common ideas that
prevail as to crime, its nature, its treatment and the proper and
efficient way of protecting society from the criminal.
The real question of importance is: What shall be done? Can crime be
cured? If not, can it be wiped out and how? What rights have the public?
What rights has the criminal? What obligations does the public owe the
criminal? What duties does each citizen owe society?
It must be confessed that all these questions are more easily asked than
answered. Perhaps none of them can be satisfactorily answered. It is a
common obsession that every evil must have a remedy; that if it cannot
be cured today, it can be tomorrow; that man is a creature of infinite
possibilities and all that is needed is time and patience. Given these
a perfect world will eventuate.
Public-domain text, read in full here on John Shaqi.
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