crime, some to destruction for the man whom the state has punished that
society may be improved. It is safe to say that the state ruins at least
one other life for every victim of the prison.
No provision is made for the dependent families of the wretched man.
Ruthlessly society sends the man to prison and sees the daughter leave
school, a mere child, and go to work. What becomes of her it does not
know or care. It seems not to know that she exists. The state sees the
convict's boy working at casual tasks and growing up on the streets,
while his father is paying the penalty of his act. He may on this
account follow his father to jail; it is not society's concern.
Assuming that an offender must be confined for the protection of
society, as some no doubt must be, still the effect on the family and
how to prevent its destruction should be among the first concerns in the
disposition of the case.
XXII
EVOLUTION OF PUNISHMENT
Among primitive peoples the penal code was always short. Desire for
property had not taken possession of their emotions. Their lives were
simple, their adjustments few, and there was no call for an elaborate
code of prohibited acts. Their punishments were generally simple, direct
and severe: usually death or banishment which often meant death,
sometimes maiming and branding, so that the offender might serve as a
constant warning to others.
Primitive peoples early asked questions about their origin and destiny.
The unknown filled most of the experiences of their lives. The realm of
the known was very small. They had no idea of law and system, of cause
and effect. They early began evolving religious ideas. The
manifestations of nature, the mystery of birth, the fear of death, the
phenomena of dreams, the growth and harvesting of crops--all of these
were beyond their understanding. They peopled the earth with gods to be
propitiated and appeased. Everything was the act of a special
providence. From early times religion and witchcraft furnished the
chief subjects for the criminal code.
Public-domain text, read in full here on John Shaqi.
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