The average county or municipal jail in this country is a school
for crime, a cesspool of moral contagion, a propagating house of
criminality, a feeder for the penitentiary, a public nuisance and
a disgrace to modern civilization. The public indifference to the
situation is attributed partly to ignorance. The county officials do
not know what a jail should be and the people do not know what their
jails really are. In plain Anglo-Saxon, the truth is that wherever
there exists local graft and political dishonesty the county prison
is its centre and its stronghold. The sheriff or the jailor makes
a personal profit from crime by charging a per diem for board for
prisoners and by the receipt of fees for locking and unlocking the
jail doors. That profit is a live wire. No local politician, possibly
no member of the Legislature or even of the State administration dares
monkey with it.
We have substantially won the fight for the reformatory State prison
and the indeterminate sentence because we concentrated our fire upon
a vulnerable point and made every shot tell. In attacking the county
jail system we have pursued the opposite policy. We have addressed our
arguments and remonstrances to the county authorities, of whom there
are in round numbers, 2,500 sets, instead of to the legislative bodies,
of which there are less than fifty. We have pleaded for new jails,
better jails, when we should have demanded their replacement by prisons
owned and controlled by the State and their emancipation from local
political control with its petty and selfish interests.
There was a time when local control was necessary and proper but that
was long ago. Today the county prison is an anachronism. We imported
it with other institutions from England, but conservative England has
outgrown it and dates the dawn of its regenerate prison system from
the year of its abolition. There is no good and sufficient reason
why the State which enacts a criminal code with its definition of
crime, its prohibitions and its penalties should assume the custody
and care of the man committed to prison for three years and refuse to
recognize its responsibility for the man sentenced for three months,
abandoning him to the haphazard mercies of the inferior jurisdiction
which is certainly ignorant, often brutal and sometimes dishonest. It
is not the majesty of the county but that of the State which calls for
vindication. The supervision of crime, let it take what form it may, is
the business of the State. The State should name, and it should have
exclusive authority over the executive agents to whom it entrusts the
discharge of this supreme governmental function.
Public-domain text, read in full here on John Shaqi.
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