The Kansas University Quarterly : $b Vol. I, No. 4, April 1893Various
History
The Kansas University Quarterly : $b Vol. I, No. 4, April 1893
Various
Natural history -- Periodicals; Science -- Periodicals
But admitting all this, the management of prisons must consider reform
as the ultimate service to be performed in all penal institutions. The
new prison law of New York has admitted that reform is the ultimate
end of all confinement. But it views reformation as the only radical
means of protection to society. Reformation consists in “the reasonable
probability that the prisoner will live and remain at liberty without
violating the law.”[3] In this the law rests on the political basis
of protecting society rather than upon the moral basis of converting
and improving the qualities of the individual for his own sake. Much
progress has been made in the past fifty years in the treatment of
prisoners respecting discipline and reform. Indeed, an entirely new
light has been thrown upon the subject of penology. A careful inquiry
has been made into the question of what men are confined for, how they
are to be managed while under confinement, and what is to be done
with them after confinement. Although the fundamental principles of
penology are quite well established concerning the object and nature
of discipline, yet there are many questions of detail respecting the
methods to be pursued in carrying out these principles of punitive
and reformatory measures. In other words, the practical application
of theory, in spite of all the progress that has been made, leaves
serious difficulties to be met and mastered. It is generally considered
by all right-thinking persons versed in prison science that the
following objects of confinement are essential in every case: First,
the protection of society; second, punishment of the offender; third,
prevention of crime; and fourth, reform of criminals. Doubtless no
theory of prison discipline may be considered complete which lacks any
one of these four great fundamental principles. Yet it is true that we
shall find, even at this day, one, two, and even three of these four
fundamental principles violated in the practice of the imprisonment
of our fellow beings. The practice of hurrying one, who does commit
a crime, away from the sight and contact of his fellow beings, is
indicative of a universal sentiment in modern society. Society demands
at least this protection, and its request and privilege should never be
denied in this respect. But the old idea of punishment for revenge has
nearly died out of modern penalties of the law. There was a time when,
coupled with the desire to shut one away from society, doubtless for
its own protection, was a desire to take revenge upon the individual
who had outraged society. Sometimes a desire for revenge precipitated
an immediate punishment regardless of law and order. Sometimes it was
studiously and systematically cruel in all its plans for punishment
as well as in their execution. But in a large measure this has been
eradicated from the spirit of our laws and institutions. We see some
evidence of it in our modern process of lynching when anger and revenge
Public-domain text, read in full here on John Shaqi.
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