It is not possible here to do more than touch slightly on the various
methods of dealing with occasional criminals. The one that approaches most
nearly to imprisonment is the method of pronouncing suspended sentences of
imprisonment to hang over the inculpated individual during a limited
period, at the end of which period, if his behaviour is good, the sentence
lapses. Imprisonment is thus, as Mr. Tallack remarks, commuted into
liability to imprisonment. This plan, applied to minor offences, was
adopted in Belgium in 1888, and is in use in some of the United States. In
England the First Offenders’ Act enables the magistrate to accept the
prisoner’s own recognisances to come up for judgment if called upon, but
the law does not seem to be applied so frequently as is desirable. The old
English system of recognisances, in which the guilty party deposits a sum
of money, is an excellent guarantee to society against his recidivism, and
is deserving of extension to all those cases to which it may prove
adapted. This plan has been adopted in the United States and in Denmark. A
very large proportion of small offenders can be dealt with adequately by
means of a fine. This should not be of too trifling a character when the
offence has been frequently repeated, and the means of the offender are
ample. Nor does it appear desirable that the offender should be allowed at
will to choose between fine and imprisonment. The notion of reparation
should be combined with the fine when possible, the offender, as Garofalo
proposes, paying an indemnity to the injured person, and a fine to the
community. With our abstract and impersonal method of dealing with crime,
we are much too apt to forget the recompense that is due to the injured
person. Féré has suggested that the State ought to undertake this
reparation; the community, he argues, has failed in its duty of protecting
one of its members, and it ought therefore to repair the injury which it
has not known how to prevent. Crime being largely the result of social
conditions, the damage it causes should be supported socially by the
society which generated the individual. A more practical first step,
however, seems to be a recognition that the criminal should be bound to
repair the damage he had caused. This reparation should be on a very
liberal scale, and with due regard to the anxiety or suffering inflicted
on the injured party. When the offender is not in a position to pay money,
there should, as Prins points out (and Sir Thomas More long before him),
be suitable provision to enable him to give so many days of his labour to
work out his penalty and reparation. In several European countries
imprisonment for mendicity, vagabondage, and other minor offences, has
been abolished, and compulsory work substituted: this is a reasonable
change.
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