Problems of Conduct: An Introductory Survey of EthicsDrake, Durant
Philosophy
Problems of Conduct: An Introductory Survey of Ethics
Drake, Durant
Ethics
(3) The ends to be borne in mind in the treatment of the
convicted Criminal are four: First, reparation to the injured party
must be demanded of him, so far as money will constitute reparation;
if he has not the money, his future work must go for its accumulation,
so far as that is compatible with the support of his infant children.
Secondly, he must be punished severely enough to serve as a warning
to other potential offenders and, so far as they are amenable to such
fears, deter them from similar crimes. Capital punishment for the worst
crimes is shown deterrent than confinement; whether the danger of
executing an innocent man is grave enough to offset this public gain
is an open question.[Footnote: See A. J. Palm, The Death Penalty.]
Thirdly, he must be prevented from doing any more harm; this means
confinement just so long as expert criminologists deem him dangerous,
whether not at all (unless to deter others) or for life. The old system
of giving a fixed sentence is wholly unjustifiable; some are thereby
kept imprisoned when there is every reason to believe them capable
of living honorably and serving the community as free men, others are
let loose, after a term, more dangerous to the community than ever.
The habitual criminal, who alternates between periods of crime and
periods of imprisonment, should be an unknown phenomenon. The judge
should be obliged to pronounce an indeterminate sentence, and leave
it to the expert prison officials to decide if, or when, it is safe
to release the prisoner on parole. Experience has already shown that
few mistakes are made (where prison management is kept out of machine
politics); and as the released prisoner is under surveillance, and
may be returned to the prison without trial for disorderliness,
drunkenness, or other anti-social conduct, he is not likely to do much
damage. A second offense would be likely to bring upon him imprisonment
for life, which would be within the discretion of the prison officials.
This method provides a spur to good behavior, and, when used in
conjunction with the reforming influences we are about to consider,
works admirably in abolishing the criminal class; whatever criminal
class persists-those who cannot or will not reform are kept under
restraint for life, where they can do no harm. Fourthly, and most
important of all, a painstaking attempt must be made to reform the
criminal, to make him a normal, socially useful man. At present our
prisons are rather schools of corruption than of uplift; too often
first offenders are thrown into association with hardened criminals,
and come out after their term of years with their minds full of criminal
suggestions, and less able than before to live a normal life. The prison
should be a training school for the morally perverted. First of all,
the prisoner should be taught a trade, if he knows none, and made
competent to earn an honest living. He should be kept at regular work,
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