Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
When a man offends against the law he is taken in hand by the ministers of
the law; and they are awakening to a sense of the futility of their
treatment of him, but so far not much progress has been made towards a
rational method. There are more institutions projected and a greater
variety of remedies prescribed; but they depend on the nature of the crime
charged, rather than on the character and condition of the culprit. Some
day it may be acknowledged that the court that has to determine whether a
person is guilty of the offence charged against him is not therefore the
court that is able to determine his treatment, but there will first
require to be a more general recognition of the fact that before a man can
be treated rationally for any physical, mental, moral, or social fault in
him, something more must be known about him than that the fault is there.
I do not suggest that rational treatment will invariably be successful;
there is nothing absolute in this world, not even our ignorance; but I do
assert that we are not entitled to act irrationally in dealing with
criminals, and that that is what we generally do at present. The practice
of the courts has changed much more than the law during the last sixteen
years, and there is a greater disposition on the part of judges to seek
information regarding those who are brought before them, as well as a more
marked reluctance to send offenders to prison if there appears to be a
probability that they will not repeat their offence.
The old theories of punishment have broken down, and it is now difficult
to find any coherent theory behind the practice. When a crime is committed
that shocks the public by its atrocity there are demands made for fierce
retribution on the culprit, partly on the plea that he ought to be made to
suffer, and partly for the purpose of deterring others from repeating the
act. Incidentally those who are most insistent on the employment of the
executioner show that they possess a fair share of the same spirit that
educed the act which they condemn. They are rightly indignant, but they
do not seem to see that justice and bad temper are not the same thing.
Public-domain text, read in full here on John Shaqi.
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