Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Our attempts to punish the drunkards are often ludicrous. It might not be
so ridiculous to try to get at those who make a profit off the drunkard.
He makes a loss; we make a loss; someone has profited. We punish him; we
punish ourselves; neither of us are profited at all. There is surely
something wrong here. Those who are incapable of taking care of
themselves, or who are disorderly in their conduct through drink, when
taken into custody by the police, might quite profitably be permitted to
go home when they are sober, unless their conduct is becoming a habit; in
which case some other method of dealing with them requires to be
considered. The disgrace of arrest will appeal as effectively to any
person with a sense of shame as proceedings before a magistrate would do.
When a fine--the cost of the trouble he has caused--has been inflicted on
such an offender, time for payment should always be allowed. A man will
never earn money in prison to pay the costs of his prosecution, but if
allowed to go about his business he may do so. Even if he can only earn
his living without paying a fine, behaving himself the while, he has done
more than it would have been possible for him to do in prison.
There has been a strong tendency of late years to deal with persons coming
before the courts for the first time, even when the charge is regarded as
a serious one, in some other way than by sending them to prison. They are
put on probation for a period, and if nothing is known against them for
that time they are discharged. Probation rightly managed would solve the
problem of their treatment in the great majority of cases. Imperfect as
the method employed at present is, many have been benefited because under
it they have escaped imprisonment. It is most commonly adopted in the case
of those who have committed offences against property; yet if the
principle on which it can be justified--the principle of substituting
correction for punishment--were intelligently recognised, it would be
applied in all cases, no matter what the offence; provided the offender
was regarded as a suitable subject on consideration of his history and
character. At present the offence more than the offender determines the
sentence; and there is a greater likelihood of a person who has committed
a petty offence being put on probation, than there would be if in the eye
of the law the offence he had committed were regarded more seriously.
Public-domain text, read in full here on John Shaqi.
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