Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
If people can be had who are willing for a consideration to take charge
of lunatics, and to fulfil their charge to the satisfaction of the public,
it is not unreasonable to suppose that on suitable terms guardians could
be found for persons who have offended against the laws, and who cannot be
expected to refrain from offending if returned to the surroundings which
have contributed to their wrongdoing. The criminal may be presumed to have
a greater sense of responsibility than the insane person, and to be more
able to take a rational view of his position. In any case, it should never
be forgotten that so far as the public is concerned there are only two
ways of it; unless, indeed, we are prepared to kill the criminals or to
immure them for life. They must either be liberated, as at present,
without provision being made for their welldoing, and without guarantees
being taken for their good behaviour, even if opportunities were provided;
or they must be liberated on condition that they remain under some form of
supervision and guardianship.
Unconditional liberation has ended in disaster to all concerned.
Conditional liberation can only be expected to produce good results if the
conditions are reasonable. They must confer in every case the maximum
amount of liberty consistent with the security of the public; and the
final judges must be the public themselves. The offender should work out
his own salvation, and show that he deserves to have all restrictions
removed before they are removed. If he is merely required to do so under
highly artificial conditions within the walls of an institution, he will
soon learn how to get round the officials there. His conduct in the
institution can afford no means for judging what his behaviour will be
outside under entirely different conditions. Inside he has no choice but
to obey. Outside he has to think and act for himself, and has
opportunities of acquiring new interests and of learning habits which are
likely to persist because they are those of his fellow-citizens who are
free.
All sorts of systems have had their trial in dealing with the offender. It
has always been recognised that it was necessary to remove him from the
place where he had offended. He has been transported to other lands, there
to begin a new life; but the conditions under which the operation was
carried out were appalling. He has been placed in association with other
offenders, and left, with very little supervision, to become worse or make
others worse. He has been placed in solitary confinement; cut off from
company of any sort; with the result of wrecking his mind as well as his
body. At present he is separated from his fellows, but he has no
opportunity to come in contact with healthy social life. One system has
broken down after another. All systems have failed to deal with him
satisfactorily.
Public-domain text, read in full here on John Shaqi.
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