All communities and states are in reality ashamed of jails and penal
institutions of whatever kind. Instinctively they seem to understand that
these are a reflection on the state. More and more the best judgment and
best conscience of men are turned toward the improvement of prisons, the
introduction of sanitary appliances, the bettering of jail conditions,
the modification of punishment, the treatment of convicts as men. All
of this directly disproves the theory that the terrible example of
punishment tends to prevent crime. All these improvements of prison
conditions show that society is unconsciously ashamed of its treatment
of so-called criminals; that the excuse of prevention of crime is really
known to be humbug and hypocrisy, and that the real motive that causes
the punishment of crime is malice and hatred and nothing else. The
tendency to abrogate capital punishment, to improve prisons, to modify
sentences, to pardon convicts is all in one direction. It can lead to but
one inevitable result, the abolition of all judgment of man by man, the
complete destruction of all prisons and the treatment of all men as if
each human being was the child of the one loving Father and a part and
parcel of the same infinite and mysterious life.
CHAPTER VII
CAUSE OF CRIME
If the punishment of so-called crimes tended in any way to prevent
violent acts, this tendency would be manifest in some conclusive way.
Whether brotherhood love and non-resistance would lessen crime may be
a matter of debate, but that punishment does not lessen it, seems to
be as well established as any fact that cannot be absolutely proved.
The death penalty was for years drastically enforced for the crime of
smuggling, but its enforcement in no way tended to prevent the practice
which flourished in spite of executions without number,—the common
consciousness would not accept this punishment as just and finally rulers
were forced to modify the punishment in self-defence. The punishment of
death for larceny did not prevent the crime. Nearly every religion has
made its way in the face of the severest penal statutes. Its converts
have all been criminals and they have accepted and taught their faith
at the risk of life. Every organization of working men has grown up in
violation of human laws, and the jails, prisons and scaffolds have been
busily engaged in suppressing this species of crime; but in spite of
the fact that judges still imprison and execute for this crime, these
associations are now almost as firmly established as any institution of
the world. All new political ideas, democracy, socialism, nihilism have
met the same fact and have made their way regardless of scaffolds and
jails. Even in the common crimes, like burglary and larceny, prisons have
had no effect. From the dawn of civilization an endless procession of
weak and helpless victims, handcuffed, despised and outlawed, have been
marching up to prison doors and still the procession comes and goes.
Public-domain text, read in full here on John Shaqi.
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