Munsey's Magazine, Vol. VI, No. 1, October 1891Various
History
Munsey's Magazine, Vol. VI, No. 1, October 1891
Various
American periodicals
Another anomaly in existing penal systems is their failure to deal
adequately with the chronic “jail bird”—the man whose inveterate
tendency to crime breaks out again and again, with only such enforced
intervals as may be imposed by periodical incarcerations. Such cases
are, unfortunately, far from rare. For instance, the daily press last
month recorded a fiendish plot to rob and murder an aged couple in a
Long Island village. Of the two conspirators, one had spent a total of
seventeen years in prison as the result of a series of convictions for
similar offenses, while the other—a lad of eighteen—had just finished a
term of imprisonment for a previous attempt to murder.
At almost the same time a miscreant made an effort, which narrowly missed
success, to blow up a crowded train on the Lehigh Valley railroad by
placing dynamite on the track. Investigation of his antecedents revealed
that most of his life had been passed in jail, to which he had been
repeatedly sentenced for a variety of more or less serious crimes, among
which was an attempt to destroy a Hudson River passenger steamboat. For
his last offense he was tried, convicted, and sentenced to ten years’
imprisonment. With the usual commutations, his term will probably expire
in five or six years, when we may expect him to renew his attacks upon
his fellow men.
The dual purpose of the penal law is, we take it, the reformation of
the criminal and the protection of society. Now in the cases cited, and
in scores of similar ones, it is entirely clear that repeated terms
of imprisonment have not the slightest corrective or deterrent effect
upon the offender, while they afford only a temporary safeguard to the
community upon which he preys. As soon as he is released from jail, his
perverted mental bent impels him to resume his warfare against mankind.
It is mere fatuity to give such a man his liberty, when liberty simply
means another opportunity to attack the lives or property of others. And
yet, under existing laws, he is again and again set loose to resume his
predatory career. There is no statute under which his incurable hostility
to society can be rendered innocuous by imprisonment for life. And yet it
is evident that such is the only rational method of dealing with a large
number of cases.
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