I do not deny that this progressive system is better than the
others, though we must not forget that the almost miraculous
effects of amendment and decrease of recidivism (which indeed are
claimed for every new system, only to be disproved later on) were
due in Ireland to the wholesale emigration of those conditionally
released to North America--an emigration amounting to 46 per cent.
of the prisoners released. Nor must we forget that this system,
which requires a trained staff of officers, is less difficult to
work in countries where, as in Ireland, there are only a few
hundred prisoners; but it would be much more difficult in Italy or
France, where the prisoners are numbered by tens of thousands. In
these countries, accordingly, the system will not be practical
unless the principle of classifying prisoners in biological and
psychological categories is conjoined with it; for without this we
shall not get rid of the impersonal system which is the vice of
our present penal law, and under which, even in our prison
administration, we treat the prisoner as a mere symbol, to which
we can apply the three conventional rules of the cell, hard
labour, and instruction.
But I am strongly opposed to, or accept simply as <p 260>accessory
(even for the seclusion of prisoners before trial, after the
preliminary examination), cellular isolation by itself, which has
reached the height of absurdity and inhumanity in cases of
imprisonment for life.
As Mancini said in 1876, discussing the draft of the Italian penal
code, ``the punishment of hard labour for life, which is
substituted in the draft for the capital sentence, differs
substantially in its severity of privation and misery from all
other modes of imprisonment. It must be undergone in one or two
special prisons to be erected within the country. It would be the
saddest and most terrible thing which the imagination of man could
conceive. These tombs of the living, whom society has rejected
for ever, unlike all other prisons, will condemn their inmates to
continuous solitary immurement in cells, and to a life which may
be worse than death itself. . . . This most wretched condition,
which the free man cannot realise without horror, is to last ten
years; and it is not to be in the power of man to bring it to an
end sooner, if the prisoner, broken down by physical weakness, or
threatened by loss of reason, cannot endure it any longer.''
After this description, I am not sorry that I denounced the
cellular system as one of the madnesses of the nineteenth century.
This useless, stupid, inhuman, costly ``tomb of the living'' must
be repudiated, even when reduced to its lowest terms by the new
Italian code, wherein Parliament, accepting part of my amendment,
fixes the term of absolute seclusion at seven years.
<p 261>
Public-domain text, read in full here on John Shaqi.
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