Here and there a solitary voice has been heard, even amongst the
classical experts, objecting to this tendency towards dogmatic
uniformity; but it has had no influence. The question brought
forward by M. D'Alinge at the Prison Congress in London
_(Proceedings_, 1872, p. 327), ``whether the moral classification
of prisoners ought to be the main foundation of penitentiary
systems, either in association or on the cellular plan,'' which he
himself decided in the affirmative, was not so much as discussed,
and it was not even referred to at the <p 226>successive
Congresses at Stockholm (1878), Rome (1885), and St. Petersburg
(1889). On the contrary, the Congress at Stockholm decided that,
``reserving minor and special punishments for certain slight
infractions of the law, or for such as do not point to the corrupt
nature of their authors, it is desirable to adopt for every prison
system the greatest possible legal assimilation of punishments by
imprisonment, with no difference except in their duration, and the
consequences following upon release.''[20]
[20] _Proceedings__, i. 138-70, 551-7, 561-3. Now and then,
however, a prison expert of more positive tendencies maintains
``the very great use, or rather the scientific necessity, of the
classification of prisoners as a basis for the punitive and prison
system'' (Beltrani Scalia.)
To positivists, the ``uniformity of punishment,'' even of mere
detention, appears simply absurd, since it ignores the capital
fact of different categories of criminals.
There must be homogeneity between the evil and its remedy; for, as
Dumesnil says, ``the prisoner is a moral (I would add a physical)
patient, more or less curable, and we must apply to him the great
principles of the art of medicine. To a diversity of ills we must
apply a diversity of remedies.''
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