Thus they have long ago seen the futility of attributing crime to a
defect of the individual will; they know it is due to much deeper,
wider causes. They have also seen the very narrow limits within which
punishment avails. Therefore our punishments shock them by their
cruelty. Ordinary cattle are worth from twenty to fifty shillings a
head, and they roam about the forest on the outskirts of the fields
almost unguarded. Yet the theft of one is punishable always with two
years' rigorous imprisonment; that is to say, the man is vindictively
and uselessly punished, is turned into a confirmed criminal and ruined
for life for failing at a momentary temptation. I have known cases
where a man was sentenced to ten years' penal servitude for stealing a
few rupees--a piece of savagery that the Court sought to justify by the
fact that the man had committed several previous petty thefts. Of
course, the reason of his repeated crime was the man's inability to
earn a livelihood and exercise self-control. He should have been
taught and helped--not sent to penal servitude. So are the instincts
of the people outraged.
I wonder how many people there are in this world who have not committed
some criminal offence; few I should think, and those not the most
useful of mankind. I have just been reading of Mark Twain's boyhood,
and how, besides "borrowing" many articles, he and his friend "hooked"
a boat, painted it red so that the owner should not recognise it, and
kept it.
For that in England a hundred years ago he could and probably would
have been hanged if caught. In Burma to-day he _might_, after
conviction, be let off under the first offender sections, but he would
most probably be sent to a reformatory. Yet who thinks the worse of
Mark Twain for it?
We think we have reformed our laws and made them common-sense, but we
have not. They are still wicked beyond computation.
In _The Soul of a People_, and in I think every book since, I have
animadverted upon the uselessness and cruelty of our penal system.
When a man has committed a crime, what do we do? Find out the weakness
which led to it and cure that weakness--turn him out a whole and
healthy man again? No. We make him worse. We make a confirmed
criminal of him. Is that sense, to say nothing of humanity? A man who
has committed a theft is not past cure; a man who has been in gaol
generally is. The people see this clearly enough--that in helping to
get a man convicted they are not improving matters for themselves. The
offender will come out of gaol a more dangerous character to his
village than when he went in. For they go back to their village; they
are not thrown loose in a great city as in England. If in England an
offender on his release had to be accepted back into his community, the
uselessness of our penal system would soon come home to the public.
But we have no communities now in England, only an amorphous herd of
voters.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account