Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
The process is popularly described as giving the offender another chance.
It is a loose expression, which may mean anything. It sometimes does mean
giving him another chance to offend, and that is all. It is intended to
give him another chance to behave; and this assumes that he has already
had the chance; an assumption that is not always warranted if the facts
were considered. Clearly it is of no advantage to the public that an
offender should have a chance of again committing a breach of the law; and
if he is to be liberated from custody, it would be a reasonable proceeding
to see that he is placed under such conditions as would make it easier for
him to obey than to break the law. Putting him on probation ought not to
mean returning him to the conditions under which he failed to resist
temptation. Rather should it imply placing him under less unfavourable
conditions of life. What is actually done amounts to this, that the
offender, instead of being sentenced, on conviction, to imprisonment, is
ordered to appear in court after so many months, in order that his case
may be disposed of; and is allowed to be at liberty provided he consents
to live under certain conditions prescribed by the court, his conduct to
be reported on by a probation officer, whose duty it is to give him such
counsel and aid as is possible without expense to the rates.
The probation officer may be a police official; not necessarily a police
officer, but under the control of the police. Now if there is one thing
that is more clear than another in Glasgow and other urban areas in the
West of Scotland, it is that the poorer classes are suspicious of the
police and the machinery of the law that masquerades in the name of
justice--for it is a burlesque of justice to examine only one side of a
case; to decide how far the individual is to blame for offending against
the laws of the community, without making any enquiry into the question
how far the community is to blame for inducing the offence; and this is
felt, if it is not clearly expressed, by all who are liable to transgress.
A tacit conspiracy against the officers of the law is not only apparent in
the case of the poorer classes, but in the case of all classes, when they
are brought into conflict with it. The old Roman father who sacrificed his
son to the laws, and whom we were asked to admire for his heroism when we
were at school, is not a common phenomenon. He has left few descendants,
which is probably a good thing. Now the father strives to shield his son;
the sister puts the best face on her brother's conduct; and the neighbours
would far rather condone the fault of the culprit than expose his
misdeeds. They feel that our methods are wrong whenever they come
intimately in contact with them, and they obey their instincts and
feelings; that is all. They can see that it is wrong, that it is foolish,
to interfere with a man to make him worse, no matter under what pretence,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account