But it is easy enough to see that this opposition to perpetual
detention, though it has remained without effect, as being too
doctrinaire and sentimental, is only a symptom of the historical
tendency of the classical schools, entirely in favour of the
criminal, and always tending to the relaxation of punishments.
The interests of society are too much disregarded <p 248>when it
is sought to pass from the abolition of capital punishment to that
of imprisonment for life. If the tendency is not checked, we may
expect to see some classical expert demanding the abolition of all
punishment for these unfortunate criminals, with their delicate
moral sensibilities!
The question, therefore, is between transportation or indefinite
seclusion.
Much has been written for and against transportation, and there
was a lively discussion of the problem in Italy, some twenty years
ago, between M. Beltrani Scalia, a former director-general of
prisons, and the advocates of this form of elimination of
criminals. Without going into the details of the controversy, it
is evident that the experience of countries like England, which
for a long time transported its criminals at a cost of hundreds of
millions, and then abandoned the practice, is in itself a
noteworthy example.
Yet it is only an objection, so far as it goes, against
transportation as formerly practised, that is to say, with
enormous prisons built in distant lands. M. Beltrani Scalia
justly said that we might as well build them at home, for they
will cost less and be more serviceable. The example of France in
its practical application of this policy is not encouraging.
However, there is in transportation, as in the death penalty, an
unquestionable element of reason. For when it is perpetual, with
very faint chances of return, it is the best mode of ridding
society of its most injurious factors, without our being compelled
to keep them in those compulsory human hives which are known as
cellular prisons.
<p 249>
But again, there is the question of simple transportation, first
put into practice by England, which consists of planting convicts
on an island or desert continent, with the opportunity of living
by labour, or else of letting them loose in a savage country,
where the convicts, who in civilised countries are themselves half
savage, would represent a partial civilisation, and, from being
highwaymen and murderers, might become military leaders in
countries where, at any rate, the revival of their criminal
tendencies would meet with an immediate and energetic resistance,
in place of the slow machinery of our criminal trials.
Public-domain text, read in full here on John Shaqi.
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