Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
And I might add that this instinctive feeling continued—as everything
instinctive generally does. Turning to the work of a writer still living
(in 1908), we come upon the following: “Of late years a certain school
of thinkers[764] ... have started some theories respecting the
responsibility or irresponsibility of many dangerous criminals and
murderers, which have very properly been objected to by more practical
observers.” And the writer continues with all the sweet simplicity of
ignorance: “Even the inmates of lunatic asylums know well the
distinction between right and wrong. And it is precisely upon this
knowledge that the government and discipline of such establishments are
based. Hence no theories of criminal irresponsibility should be
permitted to relax the security and strictness of the detention of
dangerous offenders, whether sane, or partially insane, or wholly mad.
And it is important to observe that the treatment and condition even of
mad murderers should not be made attractive to others outside.” But the
hard scientific facts persisted. Injustice and cruelty, practised upon
the weak and helpless, do not, alas! and _pace_ good Mrs. Stowe, bring
down upon nations the visible wrath of God; but the manifest falseness
of the old assumptions, and the continued failure of the mediæval
methods, could not be hidden through unending years. Slowly the light of
science began to penetrate into the dark places of punishment. The
entirely mad were first rescued and treated as patients, and these now,
happily, no longer concern us; their case belongs to Medicine, not to
Criminology. With regard to the half-mad we are in a state of slow
change and transition. Their wrongs, long known to the alienists, are
being brought before the law-makers. “Crime,” says the Report of Mr.
Secretary Gladstone’s Committee,[765] “its causes and treatment, has
been the subject of much profound and scientific inquiry. Many of the
problems it presents are practically at the present time insoluble. It
may be true that some criminals are irreclaimable, just as some diseases
are incurable, and in such cases it is not unreasonable to acquiesce in
the theory that criminality is a disease and the result of physical
imperfection. But criminal anthropology as a science is in an embryo
stage....” With regard to the abnormal we are only on the threshold of
justice; a multitude of causes, theological and instinctive, prevent the
facts from being faced and known.
Public-domain text, read in full here on John Shaqi.
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