In most cases by a constant stretching of the rules of evidence his
whole life may be involved. That is, proof may be offered of any act of
delinquency that constituted a violation of the law, if in any way
similar, or in any way connected with the one charged in the indictment.
He cannot meet these charges by proving the acts of kindness and charity
and real worth that are rarely absent in any life. The proceedings show
how bad he is, not how good. He may be able to call witnesses to show
that up to the time of the bringing of the indictment his reputation for
honesty was good; but he cannot show that he supported his grandmother,
or helped his aunt, or educated his younger brother, or gave his money
to the poor. All the good is irrelevant to the issue. This does not
prove that he did not commit the act. It might clearly prove whether on
the whole he should go to jail. Through this process he feels that the
law and proceedings are unfair and that he is condemned, when, in fact,
he is as good as those who judge him. Neither can he show the
circumstances that hedged in his way nor the equipment with which he
entered life. Under the legal theory that he is "the captain of his
soul," these are not material to the issue. Neither can he show the
direct motive that caused the conduct. It may have been a motive that
was ideal, but the question involved is, did he violate the law?
He is convicted and sent to prison. As a rule, he will some time be
turned back into the world. He needs careful treatment, involving
instruction and an appeal to that part of his nature which may awaken
sympathies and produce emotions that will make him more of a social
being on his return to the world. In the loose language of the world, it
is necessary for him not only to learn how to curb the evil but how to
increase the good. His imagination should be cultivated and enlarged.
The responses to better sentiment should be strengthened. This can be
furthered only by skilled teachers who are moved by the desire to help
him. The process should be similar to a hospital treatment. Instead of
this, he is usually surrounded by men of little intelligence or
education, men who have no fitness for the task; he is governed by
strict rules, all of them subjecting him to severe penalties when
violated. Every action in the prison reminds him of his status. With the
exception of a few strong men who need suffering for their development
it can have but one result. He must come out from prison poorer material
than when he went in. There are only two reflections that can keep him
out of trouble in the future: the remembrance of the past and the fear
that a similar experience might come to him again.
Public-domain text, read in full here on John Shaqi.
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