The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
A short historical retrospect will show that it is only in
comparatively modern times that '_Imprisonment_' became the recognized
method for the punishment of crime, and that prison reform, in the
sense of _moral_ improvement by imprisonment was formulated as a
political duty, and became an earnest pre-occupation of statesmen and
philosophers. Prisons, as places of punishment, were unknown to ancient
Roman law. The '_carcer_' was known only as a place for 'holding'
prisoners, not for 'punishing' (_ad continendos, non ad puniendos
homines_), and the object of punishment was frankly held by Roman
legists to be only that of deterrence by fear. The '_carcer_' is not
mentioned in the list of Roman penalties: death by hanging, by being
hurled from the Tarpeian rock, drowning in a sack; with exile, beating
with rods, &c., were the methods with which as schoolboys we were
familiar.
In that dark period of penal law, based, as it was, on the ideas of
vengeance and intimidation alone, which lasted down to the French
Revolution, we find little, or no, reference to Imprisonment as the
punishment for crime. In the long list of punishments under the old
French Code we find '_réclusion perpetuelle_' as a punishment for women
and a substitute for the galleys and banishment. There is too '_la
prison perpetuelle_,' but this was not an organized system, but really
a euphemism for that mysterious disappearance of persons obnoxious to
the Crown or the State by '_lettres de cachet_,' or otherwise.
The Declaration of the Rights of Man in 1789 marks the beginning of
the reaction against these ideas, and the substitution of an orderly
and methodical system of punishment. We find 'Imprisonment' formally
installed for the execution of offences against the law in the French
Code of 1791. At this time Mirabeau is said to have anticipated modern
penitentiary science by publishing a remarkable report, declaring
Prisons to be '_maisons d'amélioration_,' founded on the principle of
labour, separation, rewards under a 'mark' system, conditional licence,
and aid-on-discharge. We seem to be reading a modern treatise on
Prisons--a sudden gleam of light, bursting on an age darkened by the
shadow of much unutterable cruelty in the punishment of crime.
Public-domain text, read in full here on John Shaqi.
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