If prisons are a good thing, it is full time they made good. If they are
a bad thing, it is full time they were abolished. The middle courses now
being tried in some places cannot succeed; no compromise with hell ever
succeeds, however kindly intentioned. But the devil rejoices in them,
recognizing his subtlest work done to his hand.
What shall happen if prisons are done away with? That question will
doubtless puzzle us for a long time to come. I have no infallible
remedy; but I shall touch upon the subject in my next and last chapter.
XVI
IF NOT PRISONS--WHAT?
What would you advise to check law breaking? A good practical answer to
that question would save civilized humanity a great many millions of
dollars every year.
The old answer was "jail" for minor cases and death for the others.
There was much to be urged in favor of the latter. Dead men not only
tell no tales, but they commit no crimes. Kill all criminals and crime
would cease. The device has been tried--it was tried in England for a
while--but the result was disappointing. It threatened to decimate the
population; and in spite of logic, it failed to discourage law breakers.
Criminals seemed to get used to being hanged, and drawn and
quartered--they no longer minded it. There is a psychological reason for
that, no doubt; though it is not so sure that psychology as understood
and practised to-day can find out what it is.
Moreover, the spy system, which always accompanies and thrives upon
severe legislation, became so productive of informations that it was
soon clear that the end would be the indictment not so much of a tenth
part of the population as of all but a tenth--or even more. So a
compromise was made; only murderers should be killed. That did not
lessen the number of murders, and seems rather to have increased them;
for the impulse to murder is commonly a very strong impulse, producing a
brain condition in which consequences are not weighed. Also, when the
community takes life for life, it appears to weaken the general respect
for life, and men can be hired to do a killing job for small sums.
Sentimental persons, too, insist on making heroes of convicted
murderers, which in a degree, perhaps, counteracts the depressing
conditions surrounding them. So we made another compromise.
This is not on the statute books, but it operates actively,
nevertheless. It is the development of the appeal industry among lawyers
for the defense.
"I will teach you to respect human life," says the judge, "by depriving
you of your own."
"Don't worry, my boy," says the culprit's counsel, patting him on the
back; "you'll die sometime, I suppose; but nothing is more certain than
that it won't be on the day set for your execution by his honor. And
I'll risk my reputation on your death being no less in the ordinary
course of nature than his honor's, and very likely--for he looks like a
diabetes patient--not so soon."
These anticipations often prove well grounded.
Public-domain text, read in full here on John Shaqi.
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