The one escape from this conclusion is, of course, denial that jails are
a crime. I will not further contest that point, but only repeat: Let the
deniers and doubters try a year behind the bars, themselves, and then
register their revised opinion.
But, obviously, though jails are a crime, they are not the only crime;
there are also the specific crimes of individual malefactors; and it
seems inevitable that by relieving these of prison restraints, we must
increase the prevalence of crime in the community, however much we might
be absolving the community itself from its characteristic crime of
jails. Is there any answer to that?
I am not logically constrained to make any, because if jails are a crime
they should be abolished, let the consequences be what they may. But I
will suggest two considerations. Individual crimes are the outcome
either of a pathological condition in the agent, or of conditions in his
nurture and environment which are due to social negligence or hardness
of heart. These conditions tempted him beyond his power of resistance,
or reduced him to desperation; in other words, no sane and normal man
commits crimes for the fun of it, and as not he but society created the
conditions, the latter must shoulder its part, at least, of the blame.
And this implies that it should devote itself to so improving these evil
conditions as to give the criminal a fair chance.
That is easily written, but it involves nothing less than a radical
readjustment of our whole attitude toward life. It also brings me to my
second suggestion--that this should be accomplished. We must embark upon
a great adventure--the greatest, so far as I know, ever undertaken in
this world. We must overcome the anti-human prejudice that there is a
distinct criminal class; we must recognize the latent criminality in us
all, and regard those in whom from latent it has become active as such
men as we, but for fortunate circumstances, would have been. There is no
other distinction between them and us.
Can brotherly companionship and trust reform them? If all of us
sincerely and practically united in trusting and companioning them,--so
sincerely as to convince them of the fact--I would have small
misgivings. But we can expect no universal revolution to kindness. Many
of us, probably the vast majority, would fail to rise to the height of
the occasion. Yet I can believe that many would achieve that faith and
stanchness; enough to make a beginning of success. And I have no doubt
whatever that, so far as the kindness was credited by its objects, they
would do their part. Few men that I or any one have known in jail have
been incorrigibly wicked at heart. There are indeed incorrigibly wicked
men, but they are at least as frequent outside as inside jails, because
the crime of wanton hatred and cruelty to others which is theirs, comes
only accidentally if at all under the cognizance of our law.
Public-domain text, read in full here on John Shaqi.
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