V.--As repressive tribunals and the penitentiary administration have the
same ends in view, and as the sentence only acquires value by its mode of
execution, the separation, consecrated by our modern laws, between the
court and the prison is irrational and harmful.
VI.--Punishment by deprivation of liberty justly occupying the first place
in our system of punishments, the association gives special attention to
all that concerns the amelioration of prisons and allied institutions.
VII.--So far as short imprisonments are concerned, the association
considers that the substitution of measures of equivalent efficacity is
possible and desirable.
VIII.--So far as long imprisonments are concerned, the association holds
that the length of the imprisonment must depend not only on the material
and moral gravity of the offence, but on the results obtained by treatment
in prison.
IX.--So far as incorrigible habitual criminals are concerned, the
association holds that, independently of the gravity of the offence, and
even with regard to the repetition of minor offences, the penal system
ought before all to aim at putting these criminals for as long a period as
possible under conditions where they cannot do injury.
“The association,” it is elsewhere stated, “starts from this point of
view, that in order to combat criminality we must know criminality.” As
Professor von Liszt said, “That which guides us and brings us together is
the conviction that penal science must rest on the firm basis of facts,
must attach itself to the realities of social and individual life, and not
be content with the purely intellectual development of purely legal
notions.” This is the only sound and rational foundation for criminal law,
and it is because the association has adopted this foundation that I
desire to call special attention to its valuable and fruitful work.
The first session was held at Brussels, in August 1889. Berne was selected
for the second, in 1890. The bulletins of the association (printed both
in French and German) contain the reports presented at these meetings, as
well as the subsequent discussions. They may be obtained, for a small sum,
from the publisher, J. Guttentag, Berlin, or from C. Muquardt, Librairie
Européenne, Brussels. The annual subscription is four shillings, and is
payable to Professor G. A. Van Hamel, Amsterdam, Holland.
APPENDIX D.
_Some Cases of Criminality._
I have here brought together a few cases of fairly ordinary and
representative criminality, chiefly in order to show how such cases are
generally investigated. It has not seemed desirable to lay down any
definite system of examination. Elaborate schemes have been prepared; it
is more difficult to settle on a definite scheme on a small scale. At
present it seems best to leave much to the judgment of the individual
investigator. The six cases here given will serve to show how criminality
is usually investigated, and may be useful as a guide.
Public-domain text, read in full here on John Shaqi.
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