The third class, the Accidental or Occasional Criminals, are perfectly
normal, well balanced people, who, through tremendous stress of outward
circumstance, and possibly some untoward mental disturbance arising from
those very notions of the conduct of life which form part of their moral
being, suddenly commit an act of violence which is at utter variance
with their whole former existence; such as, for instance, the murder of
a seducer by the father of the injured girl, or of a wife's paramour by
her husband. If I believed in severity at all I should say that these
were the criminals upon whom society should look with most severity,
because they are the ones who have most mental responsibility. But that
also is nonsense; for such an individual has within him a severer
judge, a more pitiless jailer than any court or prison,--his conscience
and his memory. Leave him to these; or no, in mercy take him away from
these whenever you can; he will suffer enough, and there is no fear of
his action being repeated.
Now all these people are with us, and it is desirable that something be
done to help the case. What does Society do? Or rather what does
Government do with them? Remember we are speaking now only of crimes of
violence. It hangs, it electrocutes, it exiles, it imprisons. Why? For
punishment. And why punishment? "Not," says Blackstone, "by way of
atonement or expiation for the crime committed, for that must be left to
the just determination of the Supreme Being, but as a precaution against
future offenses of the same kind." This is supposed to be effected in
three ways: either by reforming him, or getting rid of him altogether,
or by deterring others by making an example of him.
Let us see how these precautions work. Exile, which is still practised
by some governments, and imprisonment are, according to the theory of
law, for the purpose of reforming the criminal that he may no longer be
a menace to society. Logic would say that anyone who wished to
obliterate cruelty from the character of another must himself show no
cruelty; one who would teach regard for the rights of others must
himself be regardful. Yet the story of exile and prison is the story of
the lash, the iron, the chain and every torture that the fiendish
ingenuity of _the non-criminal class can devise by way of teaching
criminals to be good_! To teach men to be good, they are kept in airless
cells, made to sleep on narrow planks, to look at the sky through iron
grates, to eat food that revolts their palates, and destroys their
stomachs,--battered and broken down in body and soul; and this is what
they call reforming men!
Public-domain text, read in full here on John Shaqi.
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