rancour against the child it would tend to arouse. (These questions
are of importance only so long as the practice continues of passing
determinate sentences. The introduction of the indeterminate
sentence, which is in line with the tendency of evolution, would
render these questions unimportant.)
If any offender whose conduct against a child has proved him to
be incapable of exercising with propriety parental authority, the
powers of a guardian, the powers of a foster-parent, the duties of
a teacher, it is essential to deprive him of these powers without
delay; and this should be done, not only in the interests of the
particular child, but in the interests of all children. Anyone who
has committed a serious punishable offence against a child is, as
a rule, altogether unfitted to exercise authority of any kind over
any children. If the offender is punished, and thereafter the child
is left in his power, the child will usually become the object upon
which he will work off the rancour inspired by the punishment. It is
essential that this change in the guardianship of the child should
not be postponed until the case is decided and judgment is passed,
but that it should be effected immediately it is thought necessary
to institute proceedings. The objection that the right to remove
a child from the care of an offender properly belongs, not to the
criminal court, but to the Board of Guardianship, is invalid. The
procedures rendered necessary in consequence of the initiation of the
criminal proceedings cannot, in these cases, be distributed among
various different authorities. In most instances it is essential
to act at once. Authority over a child, in a modern State, is not
essentially different from an official position. Since our criminal
courts are empowered to decree any one’s unfitness to hold an
official position, and to deprive any citizen of his civil rights,
why should they not also be empowered to decide that certain persons
are unfitted to exercise authority over children? The courts have
the power to declare that through the loss of civil rights a man has
become unfitted for the position of an official guardian; a teacher
in a State school loses his position _ipso facto_ if convicted of a
criminal offence; why should not the criminal courts have the power
to deprive parents, foster-parents, and private teachers of their
“office,” and to declare them to be unfitted to hold it?
The great majority of punishable offences against children are
committed against children of the lower classes.
Public-domain text, read in full here on John Shaqi.
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