Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-dayGriffiths, Arthur
History
Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-day
Griffiths, Arthur
Convict ships; Penal colonies; Prisons -- Great Britain -- History; Prisons -- United States -- History
By far the most important improvement that followed this report was the
adoption of the "mark system;" in other words, of a method by which
remission was to be regulated, not by conduct as heretofore, but solely
by labour actually performed. For it must be understood that the
commissioners unhesitatingly accepted the principle of remissions. In
this they were at issue with the Lord Chief Justice, who thought that no
prisoner should escape one particle of the whole sentence laid upon him
by the judge. "It was most material," he said, "to the full efficiency
of punishment that its infliction should be certain." The door was
opened to doubt and uncertainty the moment the precise term of the
sentence was interfered with.
The objection was cogent if the remissions were to be granted in a
haphazard, capricious fashion and not by regular rule. But surely, if
the scale were drawn up on a regular plan and worked without deviation,
a sentence with remission might be just as certain as one without. The
former might, perhaps, be shorter than the latter--the judges, being
perfectly aware of the possible remission, would regulate their
sentences in proportion to this abridgment. And, on the other hand,
there was a clear and distinct gain to be expected from the practice of
remitting sentences. This was fully recognised by the commissioners, who
considered the hope of earning some remission the most powerful
incentive to industry and good conduct which could be brought to act
upon the minds of prisoners.
The commissioners perhaps laid more stress on good conduct than was
absolutely imperative, although they pointed out, very pertinently, that
"good conduct in a prison (apart from industry) can consist only in
abstaining from misconduct, which gives no just claim for reward." But
this harping upon good conduct was a weak point in their armour which
the Lord Chief Justice quickly discovered. He would not admit the
necessity for thus coaxing convicts into obedience by promising them an
earlier release if they behaved well. That was no argument, he said, for
remissions. Discipline ought to be strong enough to be independent of
such questionable support. "I can see no reason to think," he
continues,--"considering the powers of coercion, discipline, and
reduction of diet, possessed by the prison authorities--that, by the
application of firmness and determination with a sufficient force of
officers, convicts, especially if not massed in too great numbers, but
judiciously distributed, may not be kept under perfect control and
discipline."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account