Allied to the principle of indeterminate segregation is that of
conditional release, which with the progressive prison system,
known as the Irish, is now accepted in nearly all European
countries. But conditional liberation in the system of definite
punishments, without distinction amongst the types of criminals,
is both contradictory in theory and ineffectual in practice. At
present, indeed, it has only a mechanical and almost impersonal
applica<p 216>tion, with one fallacious test, that of the alleged
``good conduct'' of the prisoner, which, according to the English
Inquiry Commission in 1863, ``can only have the negative value of
the absence of grave breaches of discipline.''
It will be understood that conditional release, as it would be
organised in the positive system of indeterminate segregation,
ought only to be granted after a physio-psychological examination
of the prisoner, and not after an official inspection of
documents, as at present. So that it will be refused, no longer,
as now, almost exclusively in regard to the gravity of the crime,
but in regard to the greater or less re-adaptability of the
criminal to social conditions. It will therefore be necessary to
deny it to mad and born criminals who are guilty of great crimes.
Conditional liberation is now carried out under the special
supervision of the police; but this is an ineffectual measure for
crafty criminals, and disastrous for occasional criminals, who are
shut out by the supervision from re-adaptation to normal
existence. The system of indeterminate segregation renders all
special supervision useless. Moreover, this duty only distracts
policemen by compelling them to keep an eye on a few hundred
liberated convicts, and to neglect thousands of other criminals,
who increase the number of unknown perpetrators of crime.
Similarly as to the discharged prisoners' aid societies, which,
notwithstanding their many sentimental declamations, and the
excellence of their intentions, continue to be as sterile as they
are benevolent. The reason here also is that they <p 217>forget
to take into account the different types of criminals, and that
they are accustomed to give their patronage impartially to all
discharged prisoners, whether they are reclaimable or not. It
must not be forgotten, moreover, that this aiding of malefactors
ought not to be exaggerated when there are millions of honest
workmen more unfortunate than these liberated prisoners. In spite
of all the sentimentalism of the prisoners' aid societies, I
believe that a foreman will always be in the right if he chooses
an honest workman for a vacancy in his workshops in preference to
a discharged prisoner.
At the same time these societies may produce good results if they
concern themselves solely with occasional criminals, and
especially with the young, and make their study of crime
contribute to the training of future magistrates and pleaders.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account