The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
"These purposes are twofold; the first, that of deterring others
exposed to similar temptations from the commission of crime; the
second, the reformation of the criminal himself. The first is the
primary and more important object: for though society has, doubtless, a
strong interest in the reformation of the criminal, and his consequent
indisposition to crime, yet the result is here confined to the
individual offender, while the effect of punishment, as deterring from
crime, extends not only to the party suffering the punishment, but to
all who may be in the habit of committing crime, or who may be tempted
to fall into it. Moreover, the reformation of the offender is in the
highest degree speculative and uncertain, and its permanency, in the
face of renewed temptation, exceedingly precarious. On the other hand,
the impression produced by suffering, inflicted as the punishment
of crime, and the fear of its repetition, are far more likely to be
lasting, and much more calculated to counteract the tendency to the
renewal of criminal habits. It is on the assumption that punishment
will have the effect of deterring from crime that its infliction can
alone be justified, its proper and legitimate purpose being not to
avenge crime but to prevent it. The experience of mankind has shown
that though crime will always exist to a certain extent, it may be kept
within given bounds by the example of punishment. This result it is
the business of the lawgiver to accomplish by annexing to each offence
the degree of punishment calculated to repress it. More than this
would be a waste of so much human suffering; but to apply less out of
consideration for the criminal is to sacrifice the interests of society
to a misplaced tenderness towards those who offend against its laws.
Wisdom and humanity, no doubt, alike suggest that if, consistently with
this primary purpose, the reformation of the criminal can be brought
about, no means should be omitted by which so desirable an end can
be achieved. But this, the subsidiary purpose of Penal Discipline,
should be kept in due subordination to its primary and principal one.
And it may well be doubted whether, in recent times, the humane and
praiseworthy desire to reform and restore the fallen criminal may not
have produced too great a tendency to forget that the protection of
society should be the first consideration of the lawgiver."
The views of the Lord Chief Justice on the value of Police Supervision,
and Ticket-of-Leave, and the aspect from which he regarded the value of
the Irish Intermediate System attracted much attention at this time. He
stated:--
Public-domain text, read in full here on John Shaqi.
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