The Journal of Prison Discipline and Philanthropy (New Series, No. 3, January 1864)Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 3, January 1864)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
But we are not to consider all these 1491 persons entirely innocent of
the charges brought against them. The magistrate had the commitment
supported by the oath of some complainant, and the complainant himself
was undoubtedly often justified by the conduct of the prisoner. The blow
for which assault and battery was charged, was probably given, and the
fruit or toy whose loss led to the imprisonment for larceny, was taken
by the accused. The pane of glass in the tavern window was probably
broken by the intoxicated creature who was charged with “malicious
mischief.” Nor, under these and similar circumstances, are we always to
censure the magistrate for taking the oath of a citizen. He commits to
prison, or holds to bail for trial, those who stand accused of the
violation of private rights. The offender knew, before he entered upon
his offensive conduct, that he was about to do wrong. But probably he
did not understand the extent of that wrong, and especially was he
ignorant of the extent of the penalty which he was about to incur.
We all know the axiom of criminal law, that “ignorance of the law
excuseth no man;” but we all know, also, that the axiom is not of equal
force in moral law; and the administration of criminal law itself has
practical exceptions to the rule. We have already said that a large
number of cases sent to court might easily be settled by the parties,
but especially by the interference of the magistrate; and we may add,
that more than two-thirds of the cases in which the magistrate holds, or
commits the prisoners for trial, could, before reaching the prosecuting
attorney, be settled, with benefit to the community and the offender.
The requirements of the law are seen and felt by the accused before he
finds himself committed. The vengeance of the law would do little
towards reforming one who already sees his fault, and is ready, as far
as possible, to make reparation. In such cases the interference of the
Agent has been found most beneficial, not merely in procuring the
discharge of the innocent, separating him from the association of
untried vagabonds and thieves, and sending him back to his family and
business, to work out and work off the stain which even _false_
imprisonment has set upon his character. But greatly advantageous has
been that interference in behalf of the guilty, of him who had actually
committed the act charged, but who felt the danger of his position as
well as the error or turpitude of his conduct, and who needed only to be
saved from the actual verdict of the jury and the sentence of the court,
to become a candidate again for public confidence and general respect.
To all visitors of prisons it is known that hundreds, who commit a
violation of the criminal law, never feel the degradation of their act,
or submit their minds to its disgraceful consequences, till they are
made companions of culprits in the prison cells,—that to be known to the
good as having done a notable wrong, is a mortifying means for
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