Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Vice and crime are not the same thing, nor have they any necessary
relationship. Though generally the result of a vicious impulse or
intention, there is hardly a crime in the calendar that might not be
committed by a person acting from a higher moral standard than that set by
the law. On the other hand, a vicious person may indulge in almost any
vice and yet keep clear of the law; it all depends on how he does it. A
dishonest person, if he puts his hand in the pocket of another and
abstracts the contents, may be sent to prison; but if by appealing to the
cupidity of his neighbours he can get them to put their hands in their own
pockets and hand him over the proceeds in order that they may share in the
El Dorado he has invented, he robs them just as effectively and is not
sent to prison. He may become a pillar of society and a legislator.
When people are sent to prison for the first time all that has been
determined is the fact that they have been guilty of breaking the law.
There is no justification for assuming that their characters are, on the
whole, worse than those of others. Some of them may have committed very
wicked crimes; but, except in a few cases, a thorough investigation of all
the attendant circumstances might modify any impressions derived from the
trial. Even the commission of a fiendish act is not incompatible with a
disposition that is usually and mainly good. We do not in practice assume
that a man is a bad man because he has done a bad thing, any more than we
credit him with being a good man because he has done a good thing. When
the evil he has done has taken a criminal form we are as little entitled
to judge the man by the act we condemn.
The fact that a person is in prison hinders any attempt to study him. The
investigator begins with a prejudice against him because of the crime he
has committed. Yet it is the most common thing to hear people who have
known a prisoner intimately for years say that they could not have
believed he would do the thing he has done. These people are quite as fit
to judge character as those who are called scientific investigators, and
they have better opportunities for doing so. They have not seen the
weakness of their friends in the form it has taken. The investigator
usually sees nothing else.
If those who come to prison for the first time were made the subject of
examination, it would be found that they are principally remarkable for
the absence of what the books call criminal characteristics.
Public-domain text, read in full here on John Shaqi.
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