Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
The Scottish jury consists of fifteen men, and the verdict of a majority
is required. They may decline on the evidence to express an opinion on the
prisoner's guilt, but instead may find the charge not proven. This is the
most practical provision for giving a prisoner the benefit of any doubt
that exists in their minds after hearing the evidence. Whatever the
verdict may be, the prisoner, having been once tried, cannot again be
charged with the same offence. It is difficult to conceive any system
under which a prisoner charged with crime could be more fairly treated;
and if in the minor Courts offenders received the same consideration, the
number sent to prison would be greatly diminished and the ranks of the
habitual offender would fail to receive so many recruits.
CHAPTER II
THE PRISON SYSTEM
Centralisation--The constitution of the Prison Commission--
Parliamentary control--The Commissioners--The rules--The visiting
committee--The governor and the matron--The chaplain--The medical
officer--The staff.
Before the year 1877 all the Scottish prisons, with the exception of the
Penitentiary at Perth, were under the control and management of the local
authorities. One result was that there were many standards of treatment,
and Parliament decided that as the prevailing methods were unsatisfactory
the treatment of prisoners and the management of prisons should be vested
in a central Board.
The changes made by the Prison Commission have been many, and the prison
of to-day is widely different from that of forty years ago; but before
attributing all improvements to the new system it is fair to take into
account the progress made in local administration during that time. The
true comparison is not between the prison of forty years ago and that of
to-day, but between the prison and the local institutions of to-day.
Central management is likely to result in uniformity of routine and
treatment in all prisons; but it is questionable whether that is a gain.
It may tend to more economical administration if the test is one of
expenditure of money, but it makes experiment in the way of reform very
difficult. Not only are no two men alike, but no two districts are alike;
and methods of dealing with people belonging to one part of Scotland are
not necessarily the best to apply to the inhabitants of another part. It
is not a good thing to bring prisoners from outlying districts to centres;
there is always a danger of their remaining there after their liberation
and obtaining introductions that will not be likely to help them except in
the way of wrongdoing. The large institution may cost less money, but it
can never have such intimate supervision as the small one.
Public-domain text, read in full here on John Shaqi.
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