The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909) — John Shaqi
The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909)Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909)
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
“The prevention of crime, therefore, is a topic not for a brief paper
for a portion of one evening’s exercises, but for a constructive program
for generations. We may, nevertheless, single out two or three factors
in the production of crime, as to which the time seems peculiarly ripe
for corrective action.
“We would mention first the frequency with which the very agencies
established and slowly worked out by the community for the punishment of
crime, or for its prevention, become agencies for precisely the opposite
result; and by their action tend to increase and to propagate crime
rather than to diminish it. I have in mind specifically our criminal
courts and our penal and reformatory institutions. Who has had
opportunity for close observation of our criminal courts without being
impressed by the extraordinary element of chance that enters into all
their operations! How many chances there are that the offender will not
be arrested at all; and how many chances there are that if arrested the
technical legal proof will be wanting; and how many chances there are
that if the technical legal proof be forthcoming the resources of an
ample purse will be sufficient to tie up the proceedings in an endless
tangle of complications which an ordinary lifetime is too short to
unravel. Under these circumstances the offender almost invariably feels
himself the victim, not of his own wrongdoing, but of chance. He regards
the operations of the law not as expressing slowly but surely the
community’s sense of right and justice, but as the gambler watches the
cards or the dice, and, with all the gambler’s belief in luck, is
confident that the penalty will not finally be actually inflicted.
“And if we add to such a degree of chance as perhaps must of necessity
exist, the belief spread abroad in the community, whether rightly
founded or otherwise, that political, personal or other improper
considerations reach out and influence the decisions which are supposed
to take cognizance only of the law and the facts, we have gone a long
way toward a state in which every man feels justified in being a law
unto himself.
Public-domain text, read in full here on John Shaqi.
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