The key to the failure of the prison, and a chief clue in its reform, lies
in the system of administering definite and predetermined sentences by
judges who, being ignorant of the nature of the individual before them,
and therefore of the effect of the sentence upon him, and of its justice,
are really incompetent to judge. Enough has been said of long sentences,
the justice of which, it is obvious, must be quite a matter of chance. But
the short-term imprisonments reveal quite as clearly the inadequacy of the
system. The newspapers constantly tell of old offenders who have been in
prison for over a hundred short periods. In a recent report of the Prisons
Board of Ireland, the case of a woman is mentioned who was committed to
Grangegorman prison thirty-four times during 1888, and never received a
sentence for a larger term than fourteen days. This woman had been
committed 146 times in previous years, so that she has undergone in all
180 imprisonments.
Society must say, in effect, to the individual who violates its social
instincts: So long as you act in a flagrantly anti-social manner, I shall
exercise pressure on you, and restrain, more or less, the exercise of your
freedom. I will give you a helping hand, because the sooner you begin to
act socially the better it will be for both of us. I shall be glad to
leave you alone, and the sooner the better; but so long as I see that you
are a dangerous person, I shall not entirely leave my hold on you.
That is the only attitude towards the criminal which is at once safe,
reasonable, and humane. If, holding this lamp, we turn to our prison, we
see at once how incompatible with such an attitude is the system of
determining beforehand the exact period of the delinquent’s detention.
Many a man imprisoned for life, to his own misery, the ruin of his family,
and the cost of the State, might with absolute safety to the community be
liberated to-day; it is unnecessary to speak further of the thousands for
whom society, inside or outside prison, has done nothing, and whom it
liberates, with full knowledge that they proceed at once to prey upon
itself. The great fault of our prison system is its arbitrary character.
It is a huge machine working by an automatic routine. The immense
practical importance of criminal anthropology lies in this: that it
enables us to discriminate between criminal and criminal, and to apply to
each individual case its appropriate treatment.
Public-domain text, read in full here on John Shaqi.
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