If, indeed, we admit an increase of punishment for a first
relapse, it is logical that this increase should be proportional
to the number of relapses, until we come to perpetual seclusion or
transportation, and even to death, as under the medi<ae>val laws.
So that there are some of the classical school who, by way of
being logical if not practical, and refusing to admit progressive
increase, begin by refusing increase in any degree, even for a
first relapse.
Moreover, if the jurists agree in allowing conditional liberation,
before the term assigned in the sentence, when the prisoner seems
to have given proof of amendment, the natural consequence, by mere
abstract logic, ought to be a prolongation of punishment for the
prisoner who is not amended, but continues to be dangerous.
This is admitted, amongst others, by Ortolan, Davesies de
Pont<e!>s, and Roeder, who quote as favourable, though only for
recidivists, Henke Stelzer, Reichmann, Mohl, Groos, von Struve,
von Lichtenberg, G<o:>tting, Krause, Ahrens, Lucas Bonneville,
Conforti, and others, amongst students of criminality; and
Ducpetiaux, Ferrus, Thomson, Mooser, Diez, Valentini, and D'Alinge
amongst prison experts.
After this first period, the principle of segregation for an
unfixed term, as a basis for the penal system, has been supported
by Despine, and developed by a few German writers. These latter
have insisted <p 210>especially on the disadvantages of the penal
systems inspired by the classical theories, though they run
somewhat to excess, like Mittelst<a:>dt, who proposed the re-
establishment of the brutal punishment of flogging.
In corporal punishments, it is true, there would be a certain gain
of efficaciousness, particularly against such hardened offenders
as the born criminals, so that there is a reaction in favour of
these punishments. M. Roncati, for instance, writing of prison
hygiene, says that he would be glad to see ``the maternal
r<e'>gime,'' with its salutary use of physical pain before the
child has developed a moral sense; and if flogging is
objectionable, resort might be had to electricity, which is
capable of giving pain without being dangerous to health or
revolting. Similarly Bain says that the physiological theory of
pleasure and pain has a close relation to that of rewards and
punishments, and that, as punishment ought to be painful, so long
as it does not injure the convict's health (which imprisonment is
just as likely to do), we might have recourse to electric shocks,
which frighten the subject by their mysterious power, without
being repugnant. Again, the English Commission of Inquiry into
the results of the law of penal servitude declared in its report
that, ``In English prisons, disciplinary corporal punishments
(formerly the lash, then the birch) are inflicted only for the
most serious offences. The evidence has shown that in many cases
they produce good results.''
Public-domain text, read in full here on John Shaqi.
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