These figures, it is true, do not tell us much about <p 275>the
effects of conditional sentences in Belgium, as we might expect
from the brevity of the experiment; so that the question still
remains in the theoretical phase.
The statistics of the Massachusetts probation system are not much
more instructive.
According to the decennial report (1879-88) of Mr. Savage,
probation officer at Boston, imprisonment was remitted in the
county of Suffolk (including Boston) to 322 persons in 1879 and to
880 in 1888; whilst the number officially recorded for the
following year was 994. In the course of ten years the probation
officer inquired into the cases of 27,052 persons liable to
supervision. Of these, 7,251 were put on probation, and 580 were
deprived of the benefit of the law.
The grounds on which the probation system was applied in
Massachusetts were strikingly different from the circumstances
under which conditional sentences were recorded in Belgium. Thus
in Boston there were put on probation, between 1879 and 1888,
3,161 persons charged with drunkenness for the first time, 222
charged with habitual drunkenness, 211 with drunkenness for the
third time, 958 with theft, 764 with solicitation, 470 with
inflicting bodily harm, 274 with disorderly conduct and idleness,
240 with violation of domicile, especially with intrusion in
business premises.
Thus, apart from the difference of penal legislation and social
life in the two countries, the Boston system is applied mainly to
drunkards, who are not true criminals by the mere fact of
intoxication.
<p 276>
As for the statistics of ascertained relapse, which in Boston
reached 64 out of 1,125 (6 per cent.) in 1889, I think they should
be received with caution. In the case of every new penal or
penitentiary system or measure, we never fail to receive more or
less wonderful figures on the results obtained; but the common
fate of all these splendid results has always been that they
dwindle down, even if they do not turn into a negative quantity,
so as to indicate the necessity of other more practical and
serviceable measures. The reason is, and will continue to be the
same, namely, that legislators, judges, and prison warders have no
adequate knowledge of criminals, and their activity is anything
but harmonious. This accounts for the superficial character, if
nothing more, of the measures which are taken, and which apply far
more to the crime than to the criminal, without so much as
touching the true and deep-seated roots of crime. Hence also the
inevitable disillusion, almost before the new device is a month
old.
Public-domain text, read in full here on John Shaqi.
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