In the case of juvenile offenders, the arguments in favour of the
indeterminate sentence are even more powerful than in the case of
adults. The aim of imprisonment is to exercise an educative influence
upon the child, and it is impossible to determine beforehand how long
a time will be required to complete the necessary education. The
indispensable foundation of every sound penal system for juvenile
criminals is the institution of the indeterminate sentence. We find,
in fact, that in the United States of America the reformatory system
is inseparably associated with the indeterminate sentence; and in
many European countries, when a child is sent to a reformatory, no
definite term is specified beforehand.
_Should Punishment be Rendered more Severe._--The classical legal
system is defective. But to many it appears that its present failures
depend upon the excessive mitigation of punishment; such persons
contend that we can expect a diminution of crime only if we render
punishments more severe. Many even demand the reintroduction of
corporal punishment. More severe sentences are indispensable in
the case of the habitual criminal; but in the case of occasional
criminals and juvenile criminals, no good results are to be expected
from any such measure.
_The Coercive Reformatory Education of Youthful Criminals._--The
coercive reformatory education of youthful criminals has in
essentials the same character as the compulsory education enforced
by the ordinary processes of the civil law. Its central idea is the
following. The child which for one reason or another stands in need
of a coercive reformatory education, whether that need is manifested
by the commission of some punishable offence or in any other way,
and whether the need arises in consequence of neglect on the part of
the child’s parents or in consequence of that of some other person
or persons, must receive the education it needs. The child that
requires a coercive reformatory education because it has committed
a punishable offence does not differ in any important respects from
a child which has not committed any such offence, but is in a state
of neglect. The latter child also should be subjected to a coercive
reformatory education; on no account should we wait until it has
committed a punishable offence, and has in this way manifested its
neglected state in a manner that cannot be overlooked. Besides,
neglected children and juvenile criminals belong to the same class of
society, and in the case of both the need for a coercive reformatory
education arises out of like conditions. Thus, the question of
the coercive reformatory education of juvenile criminals is not
one appertaining merely to the province of criminal law, but, in
conjunction with the question of the coercive reformatory education
of neglected children, it is also a matter of civil law and local
administrative activity. The care of youthful criminals is, in the
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