For occasional criminals, social defence must have a character of
prevention rather than of repression, so as to save them from
being driven, by a mistaken prison organisation, to become
recidivists, and therefore habitual and incorrigible criminals.
It is especially important in this category to discriminate
between the young and the adults, for <p 268>with the former, far
more than with the latter, the preventive methods may have a
sensible effect in diminishing crime. But we must take care, in
place of the pedantic graduation of responsibility which satisfies
the penal codes, to substitute a physiological and psychical
treatment of children and young people, who are actual criminals
or framing for crime.
Beginning with the physical and moral treatment of foundling
children as one of the most effectual penal substitutes, and
advancing to reformatory constraint and penal sentences upon the
young, there is an entire system crying for radical reform, from
which imprisonment for young persons should always be excluded.
We must therefore abolish the so-called houses of correction; for,
taking no account of the absurd and dangerous confusion created by
the three classes of children committed for paternal correction,
for begging and vagrancy, and for offences, no good can ever come
of it, for the herding and crowding together are nowhere more
productive of fermentation and putrefaction than amongst the
young.
There is nothing for them but separate boarding-out with families
of honest country folk, or else agricultural colonies with a
discipline different from that of the colonies for adult
criminals, but still based on the rule of isolation by night, work
in the open air, and as little crowding as possible.
For adult occasional criminals it is unnecessary to insist any
further on the absurdity and danger of short terms of
imprisonment, with or without isolation in cells, which now
constitute the almost <p 269>exclusive mode of repression. A few
days in prison, mostly in association with habitual criminals,
cannot exercise any deterrent influence, especially in the
grotesque minimum of one day, or three days, as provided by the
Dutch, Italian, and other codes. On the contrary, they are
attended by disastrous effects, by destroying the serious
character of justice, relieving prisoners of all fear of
punishment, and consequently driving them to relapse, under the
influence of the disgrace already suffered, and of the corrupting
and compromising association with habitual criminals in prison.
The results of these short terms, indeed, which impose about the
same restriction of liberty as an attack of indigestion, or a
heavy fall of snow, are so manifest that the objection to them is
now almost unanimous, though they still form the basis of the most
recent penal codes.
Public-domain text, read in full here on John Shaqi.
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