McClure's Magazine, Vol. XXXI, No. 3, July 1908.Various
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McClure's Magazine, Vol. XXXI, No. 3, July 1908.
Various
American literature -- Periodicals; Literature -- Periodicals
That a suspended sentence should be of greater value in bringing about
the reformation of a criminal than a prison term is, I believe,
reasonable and logical. When the criminal has served his sentence, his
supposed debt to society is paid. If he commits another crime, he does
so with the chance, in his favor, of a possible acquittal, a "hung"
jury, a light sentence, or a reversal upon appeal. He is consequently
willing to take risks which he would not take were the consequences sure
and severe. The most important element in the defendant's reformation,
however, is his avoidance of the physical, mental, and moral injury
which he would suffer by serving his prison sentence. In these days,
when practically every applicant for a position must present references
of previous service, a prison term means ruin. If at the end of his term
he is reformed, his reformation is of no value in obtaining employment.
Prison sentences did not have this effect a hundred years ago, but times
have changed. Every released convict is a shrinking coward, fearful that
each person he meets knows his record. The new, plain suit of clothes he
is given upon leaving prison is worn only until he can find a secondhand
clothing store where it may be exchanged for something less good, but
clothed in which he will have a trifle less fear of identification. If
he succeeds in getting employment by changing his name and concealing
his past, he lives in mortal terror lest his deception be discovered.
It is a fundamental principle of the law that no man can be punished
more than once for the same offense. His "debt" to society is presumed
to be conclusively paid when his term of imprisonment expires; and yet
under present conditions his real punishment is then only beginning. I
have just finished reading a twenty-three-page letter from an
ex-convict, who eighteen years ago completed a seven months' term. He
tells in a simple and pathetic fashion of his efforts to escape from his
prison record, but time and time again, just as he had won the
confidence of his employer, some one happened along who "gave him away,"
and then he was obliged to move and try it again. Never, during all this
time, has he dared to attempt to vote, or take any part in public or
social affairs. Surely a fearful penance for one violation of the law,
especially when we know that thousands of wealthy and influential
lawbreakers are never punished!
If an ex-convict has a family, he returns from prison to find them
impoverished, shunned by their neighbors, his children scorned and
sneered at by their schoolmates--everything worse, more helpless, than
when he left them. All of this, and much more, is escaped by the man
under a suspended sentence; his capital is unimpaired, and by "making
good" his record will be cleared.
Public-domain text, read in full here on John Shaqi.
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