_Gradual Transformation of the Classical Criminal Law._--In the
nineteenth century the provisions of the classical criminal law no
longer meet the case of juvenile criminality. Their inefficiency is
demonstrated by the enormous proportion of recidivists among juvenile
offenders. The number of recidivists continually increases, and
criminality tends more and more to be the work of habitual offenders.
Indeed, the criminal, in most cases, continues to repeat the very
offence for which he was first punished. This is especially true of
offences against property. The oftener anyone has been punished, the
greater is the probability that he will commit another offence, and
the sooner is this likely to take place. In reality the frequency of
recidivism is even greater than appears from the official statistics.
These relate to those persons only who are regarded as recidivists by
the existing laws. They take no account of how many individuals leave
the country after their first conviction for a criminal offence.
An examination of these facts, and the study of the child-mind,
have led to the conclusion that criminality in youth is the main
source of the general stream of criminality, and that we cannot
depend upon our present methods of dealing with crime and criminals
to dry up this source. Hence even the dogmatists are coming more
and more to admit the failures of the classical criminal law, and
to recommend that mere punitive methods should give place to the
educative treatment of criminal offenders, punishment being used,
if at all, only as an educative influence. Even in those countries
which lag behind the rest in development, this conception begins
to influence legislation. This conviction that youthful offenders
require not punishment, but education, was acquired by mankind many
decades before it was generally realised that it is equally true of
adult criminals--that they should not be punished, but improved,
or, if unimprovable, rendered harmless. It is understood that those
punishments only can be justified which exercise a lasting educative
influence, by removing the child from its former environment into
a better and healthier one. It is recognised that the difference
between punishment and education is not absolute, but relative
merely, inasmuch as education cannot dispense entirely with punitive
methods, and punishment, properly utilised, exercises an educative
influence. It is also now understood that by the proper legal
treatment of youthful criminal offenders, many thousands of children
can be saved every year from the permanent adoption of a career of
crime, and their working powers thus preserved for the community.
This was seen first of all, where it more especially applies, in
the case of manufacturing towns. For the reformation of criminal
and neglected youth by educational methods, the first steps were
taken, and taken most effectively, by the country in which the modern
Public-domain text, read in full here on John Shaqi.
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