Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
The untried prisoner may have a pint of wine or a pint of beer daily, but
on no account is he permitted to smoke. This is a curious restriction
nowadays, and there is not the faintest show of reason for its exercise.
The proper attitude towards the untried prisoner is not that implied in
the question "Why should he be allowed to do this?" The question ought
always to be "Why should he not be allowed to do what he wishes?" and this
would be the question if the theory that presumes an untried prisoner's
innocence were put in practice. He is detained for the convenience of the
public, not for his own, and his liberty should be curtailed as little as
possible consistent with good order.
There are very few civil prisoners in Scotland. Failure to pay aliment may
entail on a prisoner imprisonment, at the instance and expense of his
creditor, for a period of six weeks. At the end of that time the prisoner
is free from similar proceedings for six months, but the costs are added
to his original debt. He has some of the privileges of an untried
prisoner. Failure to pay taxes may cause a man to be imprisoned under
similar conditions. Persons sent to prison for failing to have their
children vaccinated are treated by the same rule, and persons condemned to
indefinite imprisonment for contempt of court.
In Scotland we claim that we do not imprison for debt other than aliment,
rates, or taxes; but the rule is evaded by process of law, and the Prison
Commissioners are used as debt collectors in some cases. Technically this
is not so, but in practice it occurs. X 31, a woman, has obtained
jewellery on the hire-purchase system. She is the wife of a labouring man,
and there is room for the suspicion that she has been tempted by the
seller. A number of payments are made, then the husband loses his
employment, and she is not only cut off from the means of paying her
instalments, but has not money to get food. She pawns or otherwise
disposes of the jewellery, and is called upon either to pay for it or
return it. Her intention may be to pay, but she is not able. She is
summoned to appear at Court, and fails to do so. In her absence a decree
is granted ordaining her to deliver the jewellery to the person from whom
she obtained it, in terms of the contract made between them. Failing to do
this, she is seized and carried off to prison, on a warrant obtained for
Contempt of Court, inasmuch as she had not obeyed its decree. All her
friends become alarmed, and by their united efforts the money to satisfy
the creditor may be obtained. If this is not done she may be kept in
prison for an indefinite period at his expense. Had she contracted a debt
with the grocer for food, or with a dressmaker for clothing, they could
not have imprisoned her if she did not pay them, even though they desired
to do so. They are thus at a serious disadvantage, so far as the exercise
of pressure is concerned, compared with the hire-purchase trader; but the
Public-domain text, read in full here on John Shaqi.
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