The fact that to-day it is not so, and that lawyers and doctors are
helpless to make it so, is a glaring proof of the necessity which exists
for society, in its own interests and in those of its weaker members, to
take intelligent cognisance of these matters, and to pave the way for
reasonable action. In the first chapter of this book I noted, without
calling any special attention to it, the curiously divergent way in which
somewhat similar cases were treated. One girl was treated kindly and sent
to a clergyman’s house: she “recovered.” Little Marie Schneider was sent
to prison for eight years, the years during which she will develop into a
woman. What will she be fit for when she comes out at the age of twenty?
She may come out a human tigress, or merely the crushed and helpless
product of prison routine. In either case what intelligent principle
guided the society that condemned her to spend those eight years in
prison? The lad who killed his little sister was sent to penal servitude
for ten years. What will he be good for when he comes out? “In any case,”
as Dr. Savage remarks, “the boy is pretty certain to end his days either
as a lunatic or a confirmed criminal, and I fancy the best course has been
taken to make him the latter. So society will suffer the more, and the boy
himself will be none the better.”
These problems are unknown to the law, but they are beginning to stir
among the community. A girl of twelve not long since murdered a child of
four, as she herself subsequently confessed, in much the same manner as
Marie Schneider murdered Margarete Dietrich. The jury acquitted her. They
acted in defiance of the evidence and of the law. It is clear that what
they said to themselves was this: The law will send this girl to prison
for some ten or fifteen years. We do not believe in the advantage of that,
and we prefer to deliver her from the law altogether. They were, as the
judge said, a very merciful jury. But it is not by shuffling evasions of
law that civilisation progresses. We need just and reasonable laws, not
merciful juries. It is not to the advantage of society that young
murderesses should wander at large, though it may very possibly be better
than throwing them into the prison as at present constituted. The
“merciful” jury, as in the south of Italy, becomes the hysterical and too
often venial jury. We cannot be too grateful for the courage and honesty
with which, as a rule, English juries and judges fulfil their functions;
it is to this adherence to law that many intelligent foreign observers
attribute the fact that criminality in England is in some respects less
serious than one might be led to expect. If, however, this attitude is to
be maintained, and we are to avoid the dangers of lying and cowardly
verdicts, we must see to it that our law keeps pace with our knowledge and
with our methods of social progress.
Public-domain text, read in full here on John Shaqi.
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