Chapter 16

_METHODS FOR THE CURE AND REPRESSION OF CRIME_

Preventive methods, the careful training of children, and assistance rendered to adults in critical moments of their lives, may diminish crime, but cannot suppress it entirely. Such methods should be supplemented by institutions which undertake to cure criminals, while protecting society from their attacks, and by others for the segregation of incurable offenders, who should be rendered as useful as possible in order to minimise in every way the injury they inflict on the community.

Although unjustly accused of desiring to revolutionise penal jurisprudence, criminal anthropologists realised from the very beginning that laws cannot be changed before there is a corresponding change in public opinion, and that even equitable modifications in the laws, if too sudden, are always fraught with dangerous consequences. Therefore, instead of a radical change in the penal code, their aim was to effect a few slight alterations in the graduation of penalties, in accordance with age, sex, and the degree of depravity manifested by culprits in their offences. They also counselled certain modifications in the application of the laws, the reformation according to modern ideas, of prisons, asylums, penal colonies, and all institutions for the punishment and redemption of offenders, and an extensive application of those penalties devised in past ages as substitutes for imprisonment, which have the advantage of corrupting the culprit less, and costing the community very little.

_Juvenile Offenders._ Young people, and, above all, children, should be dealt with separately by special legislative methods.

With the exception of England, where quite recently a children's court has been opened at Westminster, special tribunals for the young are unknown in Europe. However, in modern times, the penal codes of nearly every European State make marked allowance for the age of offenders, and where there is no differentiation in the laws, the magistrate uses his own discretion and refuses in many cases to convict juvenile offenders, even when they are guilty of serious offences.

These instinctive methods of dealing with the young have many drawbacks:

1. Without special courts, children guilty of simple acts of insubordination or petty offences (thefts of fruit or riding in trams and trains without paying the fare) which cannot be separated by a hard and fast line from ordinary childish pranks, come into contact with criminal types in court or in prison, and this is greatly detrimental to them morally. If naturally inclined to dishonesty, they run the risk of developing into occasional criminals and of losing all sense of shame: or if really honest, contact with bad characters cannot fail to shock and perturb them, even though their stay in prison be only a short one.

2. The magistrate has no legal powers to supervise juvenile offenders, nor when their actions show grave depravity, to segregate and cure them to prevent their developing into criminals. It has already been shown that born criminals begin their career at a very early age. In one case cited in a previous chapter, a morally insane child of twelve killed one of his companions for a trifling motive--a dispute about an egg; in another, a child of ten caused the arrest of his father by a false accusation; he had previously attempted to strangle a little brother. Children of this type, notwithstanding their tender age, are a social danger, and the moral disease from which they suffer should be taken in hand at once. In any case they should be carefully segregated until a cure appears to be effected.

Minors require a special code, which takes into consideration the fact that certain offences are incidental to childhood and that children who have committed these offences may still develop into honest men. It should also contain provisions for dealing with born criminals, epileptics, and the morally insane at an early age, by segregation in special reformatories where they cannot corrupt juvenile offenders of a non-criminal type, and where a thorough-going attempt to cure them may be made.

An excellent reform of this character has been effected in many of the United States of America with the adoption of the probation system and juvenile courts which protect children from the corruption of prison life and contact with habitual offenders. The juvenile court, this tribunal exclusively instituted for minors, has been brought to great perfection in many of the United States. In some, special buildings have been erected for the hearing of cases against children, by which means all contact with adult criminals is avoided: in others, where this is not practicable, a part of the ordinary court is set aside for them with a separate entrance.

Nor are juvenile offenders judged according to the common law; their offences are tried by special magistrates, who deal with them in a paternal, rather than in a strictly judicial spirit, and the penalties are slight, varied, and suited to children. The magistrates are assisted by officers, who obtain information from teachers, parents, and neighbours as to the character, conduct, faults, and good qualities of the culprit, and with these indications the magistrate is able to essay the correction, not of the particular offence which has brought the child within his jurisdiction, but his general organic defects. The punishments do not include imprisonment, and are drawn from practical experience and common-sense, not from any article of the penal code.

I was present at the hearing of a case against a lad, who was accused of having travelled on a subway without paying. He was sentenced to copy out the by-laws twenty times, to learn them by heart and repeat them a month later at the same court. In the case of more serious offences, children may be sent to some public or private reformatory, according to the circumstances of the parents. However, none of these punishments are infamous, and parents themselves, when unable to control their children, have recourse to the juvenile court.

It is supplemented in a very efficacious manner by the probation system, the organisation of a number of men and women who undertake the supervision of children when the court decides that they require it. These protectors use every means at their disposal to prevent their charges falling into bad ways and assist them in every possible way to correct their defects.

This system has proved to be so efficacious, and at the same time so devoid of any drawbacks, that its unconditional adoption by all the States of Europe and America would be of great social advantage.

INSTITUTIONS FOR FEMALE OFFENDERS

The weighty reasons which call for separate courts and reformatories for juvenile offenders are equally valid in the case of female law-breakers, for whom special tribunals and legislation should be provided.

The percentage of criminality among women is considerably lower than that of men, and in nearly all cases offenders belong to the category of criminaloids.

My father's work _The Female Offender_ demonstrates that prostitution is the true equivalent of criminality. When we except this class of unfortunates, there remain only hysterical and occasional offenders, guilty generally of petty larceny (particularly of a domestic nature) or of harbouring criminals and acting as more or less passive accomplices; and criminals from passion, who commit infanticide or kill faithless husbands and lovers. In all these cases, imprisonment should not be resorted to; in fact, the greater number might be dealt with by a magisterial reprimand or the granting of conditional liberty. In view also, of the important part played by dress, ornaments, etc., in the feminine world, penalties inflicted on vanity--the cutting off of the hair, the obligation to wear a certain costume, etc., might with advantage be substituted for imprisonment.

The milder nature of feminine criminality, the usefulness of women in the home, and the serious injury inflicted on the family and society in general by the segregation of the wife and mother (if only for a short period), are reasons for advocating the institution of special tribunals for dealing with the offences of women and special legislation which would take into consideration their position in the family and the fact that they are rarely a violent social danger.

At present, in Europe at least, no such differential treatment exists. The reduction of penalties is left entirely to the discretion and humanity of judges, who in many cases, it is true, are instinctively disposed to be more indulgent towards women and to take these conditions into account. But it would be a far more satisfactory state of things if legislation paid due regard to such circumstances, just as in Italy in enrolling recruits for compulsory military service, allowance is made for social and family relations, the only sons of widowed mothers, men of delicate constitution, etc., being exempted.

In spite of the low percentage and, generally speaking, trifling importance of the crimes committed by women, there are a small number of female delinquents, some of whom show an extraordinary degree of depravity, as though all the perversity lacking in the others were concentrated in these few. They are true born criminals, epileptics, and morally insane subjects.

These serious anti-social elements, murderers, poisoners, and swindlers, might be secluded in a small reformatory with compulsory labour and silence as additional penalties. Separate cells, however, are not necessary. All reformatories for women should be provided with a nursery where children born in prison could be nursed by their mothers, thereby diminishing the social injury which must result from the imprisonment of any mother, and fostering the growth of the sublime and sacred maternal sentiment, which is unfortunately so often lacking in criminals.

The Reformatory Prison for Women at South Framingham, near Boston, under the management of Mrs. Morton, is an excellent example of an institution conducted on the lines laid down by criminologists. The Reformatory is situated at about an hour's journey by rail from Boston, in the midst of fields which are cultivated by a part of the convict population. No high walls surround the building and separate it from the outer world, nor is it watched by guards. A broad avenue leads to the entrance, where, in answer to my ring, I was welcomed by neat white-clad attendants and shown into a charming room looking out upon a lovely garden. I passed through corridors, unmolested by the sound of keys grating in locks, from this room to the dining-rooms, dormitories, recreation and work rooms.

As soon as prisoners enter the Reformatory, they are carefully examined by an intelligent and pleasant woman physician, who is in charge of the infirmary where the anthropological examination takes place. When the prisoner has been declared able-bodied, she is placed in one of the work-rooms to learn and follow the trade indicated by the medical officer as the best adapted to her constitution and aptitude. At night, she is conducted to a second-class cell situated in a large, well-lighted corridor. The cell is furnished with a table, bed, chair, pegs to hang clothes on, a calendar, a picture, and a book or two.

Work is compulsory and done by the piece, and when each prisoner has finished her allotted task, she is at liberty to work for herself or to read books supplied from the library. If unskilled, she receives instruction in some manual work, and the payment for her labour is put aside and handed over to her on her release, with the small outfit she has prepared and sewed during detention.

Women with children under a year, or those who give birth to a child in the Reformatory, are allowed to have their little ones with them during the night and part of the day. When they go to work every morning, the babies are left in the nursery, which adjoins the infirmary, and is under the direct supervision of the doctor. The nursery, a large, well-lighted room, spotlessly clean and bright with flowers, is a veritable paradise for the little ones.

At noon, the prisoner is permitted to fetch her baby, feed, and keep it near her during dinner-hour. At two o'clock she resumes work until five, when she again takes charge of her baby till next morning. A cradle is placed in her cell for the infant, and she is provided with a small bath.

A series of trifling rewards encourage moral improvement. Those who show good conduct during the first two months are transferred to the first class with its accompanying privileges, a better and more spacious cell, a smart collar, the right to correspond with friends and to receive visitors more frequently, to have an hour's recreation in company with other good-conduct prisoners and to receive relatives in a pretty sitting-room instead of in the common visitors' room.

The final reward for uninterrupted improvement and untiring industry on the part of the prisoner is her ultimate release, which since the sentence is unlimited, may take place as soon as the Directress considers her competent to earn an honest living. But released prisoners are not left to their own devices with the risk of speedily succumbing to temptation. A commission of ladies interested in the Reformatory (one of whom, Mrs. Russell, was my guide on the occasion of my visit there) are consulted before the release of each prisoner and undertake to furnish her with suitable employment, and to guide and watch over her during the first few months so that she may be sure of advice and assistance in any difficulties.

INSTITUTIONS FOR MINOR OFFENDERS

Punishments should vary according to the type of criminal, distinction being made between criminals of passion, criminaloids, and born criminals.

_Criminals of Passion._ The true criminal of passion suffers more from remorse than from any penalty the law can inflict. Additional punishments should be: exile of the offender from his native town or from that in which the person offended resides; indemnity for the injury caused, in money, or in compulsory labour if the offender is not possessed of sufficient means. Recourse should never be had to imprisonment, which has an injurious effect even upon the better types of law-breakers; and criminals from passion do not constitute a menace to society. On the contrary, they are not infrequently superior to average humanity and are only prompted to crime by an exaggerated altruism which with care might be turned into good channels.

This applies equally to political offenders, for whom exile is the oldest, most dreaded, and most efficacious punishment, and the disuse into which it has fallen does not appear to be justified, since it admits of graduation, is temporary, and an adequate check on any attempt at insurrection.

_Criminaloids._ Repeated short terms of detention in prison should be avoided and other penalties substituted for petty offences against police regulations, cheating the Customs, etc., when committed by criminaloids who are not recidivists and have no accomplices. A short term of imprisonment, which brings this type of offender into contact with habitual criminals, not only does not serve as a deterrent, but generally has an injurious effect, because it tends to lessen respect for the law, and, in the case of recidivists, to rob punishment of all its terrors; and because criminaloids, when once branded with the infamy of prison and corrupted by association with worse types, are liable to commit more serious crimes.

For all minor offences, fines are more efficacious than imprisonment and, in the case of the poor, should be replaced by compulsory labour at the discretion of the magistrate. Binding over under a guarantee to make good the injury done, corporal punishment, confinement to the house, judicial reprimands and cautions are applicable to offenders of this type, as is also the system of remitting first offences used in France with great success by Magnaud. Under this system, the offender is sentenced to an adequate penalty, which, however, is only inflicted in the case of recidivation.

An efficacious, and at the same time, more serious method of dealing with criminaloids, is by means of the probation system and indeterminate sentence. The offender is sentenced to the maximum penalty applicable to his particular offence, but it may be diminished after a certain time if he shows signs of improvement. During this interval he is on probation, that is, under supervision, much in the same way as juvenile offenders.

The probation system is extensively and successfully adopted in America, either singly or in conjunction with other penalties, as shown above.

THE PROBATION SYSTEM

This is an ideal manner of dealing with offenders of a less serious type, minors and criminaloids, who have fallen into bad ways, since, instead of punishing them, it seeks to encourage in them habits of integrity and to check the growth of vices by means of a benevolent but strict supervision. The offender is placed under the guidance of a respectable person, who tries in every way to smooth the path of reform by providing his charge with employment if he has none, or putting him in the way of learning some trade if he is unskilled, by isolating him from bad company, by rewarding any improvement, and reporting progress to the central office, which has to decide whether the period of probation is sufficient, or, in cases where it has not been efficacious, to have recourse to sterner measures.

The only drawback to this system is the difficulty of applying it, because it is not always possible to find in every town a number of persons of high moral standing, who are able and willing to exercise vigilance over offenders. However, to the honour of the United States it must be said that in many States this supervision is organised in a truly admirable manner. At Boston I visited the Probation Office organised and managed by Miss Mary Dewson, which undertakes the supervision of girls and is a model worthy of imitation from the general arrangement down to the smallest details.

The relations between the officers and their charges are in most cases very cordial. The little girls write most affectionate letters, in which they narrate their joys and sorrows, express penitence for their shortcomings and ask advice and help as of guardian spirits. The officers in their turn show themselves to be affectionate protectors and are scrupulous in the fulfilment of their duties towards the central office. Upwards of one hundred lockers were opened at my request, and I was able to examine the documents relating to each of the children with their antecedents, improvement, or the reverse, methodically entered up to a few days previous to my visit.

The splendid results obtained everywhere by this system are leading to its gradual adoption in nearly all the States of the Union and in many parts of Australia and England, in dealing with young people, adults, and all first offenders convicted of petty infractions of the law, drunkenness, disturbance of the peace, and disorderly conduct, and also for prisoners released on ticket-of-leave. The probationer is obliged to report himself every fortnight, or at any time the probation officer may desire. The officer is empowered to supervise the conduct of the probationer at home and in his place of employment, and to threaten him with legal proceedings should his conduct be unsatisfactory.

The supervision of adults, as may be supposed, is a far more delicate and complicated matter than that of children, and however discreetly the officer proceeds in order to keep the matter hidden from neighbours and employers, the position is such a humiliating one for adults that many prefer imprisonment to supervision. I was told that special reformatories have been established at Boston for the detention of those who prefer prison to vigilance.

Perhaps this aversion of adult offenders in America to the probation system is due to the fact that the probation officer is vested with powers almost exceeding those of any magistrate. If he thinks fit, he may extend the period of supervision almost indefinitely or convert it into imprisonment. Moreover, the feeling that every movement and action, however innocent, is being watched is very galling to a grown-up person. However, these drawbacks could no doubt be remedied.

In England, supervision is replaced by a pledge of good behaviour guaranteed by the culprit or a surety, who is induced to exercise vigilance by the knowledge that he will lose the sum deposited in the case of recidivation. The magistrate is obliged by English law to fix the period of probation, which cannot be extended without another sentence. In France, Belgium, and Australia, the probation system appears to have given good results.

_Corporal Punishment._ Although repugnant to civilised ideas, the various forms of corporal punishment, fasting, cold shower-bath, or even the rod, are very suitable substitutes for imprisonment in the case of children guilty of petty offences, because not only are these punishments inexpensive and have the advantage of creating a deeper and more immediate impression, but they do not corrupt minor offenders nor do they interrupt their regular occupations, whether work or study. Fines should always be inflicted for slight infractions of the law and in all cases of petty larceny, frauds, and forgeries committed by minors. The fines should be proportioned to the means of the individual and the gravity of the offence, and replaced by compulsory labour in the case of those who refuse to pay.

_Indemnity._ The obligation to make adequate compensation for the injury caused would be an ideal punishment, but is extremely difficult to put into practice. The magistrate, however, should do his utmost to make suitable use of this penalty, and the victim should be legally entitled to receive a part of the proceeds from work done by the culprit during detention.

REFORMATORIES

Minors convicted for the first time of such serious offences that supervision becomes an insufficient guarantee against recidivation, should be relegated to reformatories or other institutions which undertake to punish offences and to segregate and correct offenders.

For the truly magnificent scale on which such reclaiming institutions are conducted in North and South America, both continents merit special mention.

The oldest and most celebrated of these reformatories, that founded at Elmira by Brockway, owed its inspiration to my father's book _Criminal Man_ and is the first reformatory that has been instituted on similar principles.

The convicts admitted to Elmira are young men between the ages of sixteen and thirty, convicted for the first time of any offence, except those of the most serious kind. The Administrative Council is invested with unlimited powers for determining the period of detention and may release prisoners long before the expiration of their sentence.

Each newcomer has a bath, dons the uniform of the Institute, is photographed, registered, medically examined, and finally shut up in a cell to meditate upon his offence. During this time the superintendent obtains all the available information concerning his character, environment, and the probable causes that have led to his crime, and this information serves as a basis for the cure. According to the aptitude and culture of the prisoner, he is placed in a technical or industrial class, where he learns some trade which will enable him to become honestly self-supporting on his release. He is immediately acquainted with his duties and rights and the conditions under which he may regain his liberty.

Education in the Reformatory consists of instruction in general knowledge and special training in some trade. Moral and intellectual progress is stimulated by the publication of a weekly review, _The Summary_, which gives a report on political matters and the news of the Reformatory.

The convicts are divided into three categories: good, middling, and bad. The transference from the second to the first class entails certain privileges, especially those respecting communication with the outer world, the right to receive visitors, to have books, and to eat at a common table instead of partaking of a solitary meal in a cell. Those who obtain the highest marks for good conduct are at liberty to walk about the grounds and are entrusted with confidential missions, such as the supervision of the other convicts. Bad conduct marks cause prisoners to be transferred from a higher to the lowest division, where they are obliged to perform the rudest labour.

First-class convicts are purposely exposed to temptations of various kinds, and when they have passed through this ordeal triumphantly, they obtain a conditional release. This cannot take place, however, until the prisoner is provided with regular employment of some kind, procured by his own exertions, through friends, or by the director of the Reformatory.

For six months after his release he is obliged to give an account of himself regularly in the manner prescribed by the Director; after one year absolute liberty is regained.

In order to reduce the working expenses of the Reformatory as much as possible, all posts, even that of superintendent or teacher in the technical schools, are filled by the convicts.

PENITENTIARIES

Although born criminals, habitual criminals, and recidivists should be carefully isolated from minor offenders, they nevertheless require institutes conducted on nearly similar principles. A prison, which is to punish, but at the same time to correct and redeem, demands strict discipline: in fact, milder punishments have very little effect and their constant repetition is harmful, although any exaggeration of brute force is more injurious than useful. Harshness may cow criminals, but does not improve them: on the contrary, it only serves to irritate them or to convert them into hypocrites. Even the adult offender should be looked upon in the light of a child or a moral invalid, who must be cured by a mixture of gentleness and severity, but gentleness should predominate, since criminals are naturally prone to vindictiveness and are apt to regard even slight punishments as unjust tortures. Even a too rigid adherence to the rule of silence may have a detrimental effect on the character of the prisoners. An old convict once said to Despine: "When you winked at slight offences against the rules, we used to talk more, but there was no harm in what we said. Now we talk less, but when we do, we blaspheme and plot evil."

In Danish prisons under rigorous discipline, infractions of prison regulations amounted to 30%; more recently under milder rule such infractions only amount to 6%.

In order to strengthen the sense of justice which, as we have said, is little developed in criminals, if indeed it is not altogether suffocated by ignoble passions, it is often advisable to appeal to their vanity and self-esteem to aid in maintaining discipline and increasing industry, by constituting them judges of each other's conduct. Obermayer used to divide the convicts into small groups and ask them to elect their own superintendents and teachers, thus establishing a spirit of good-comradeship and rendering possible a system of detailed and individual instruction, the sole kind that is really efficacious. The 385 convicts at Detroit showed the highest percentage of efficiency, because they were divided into 21 classes with 28 teachers, all of whom, with the exception of one, were prisoners. It was noticed that the worst convicts were the best teachers (Pears, _Prisons and Reform_, 1872), which proves that even the most perverse elements may often be utilised for the improvement of others.

Equally good was Despine's method of letting a certain time elapse before inflicting punishment, so that it should not be attributed to mere anger on his part. As soon as the infraction was noted, the prisoner was left to reflect on his conduct, and an hour later the teacher and Director came to show him the penalty prescribed by the regulations. Sometimes it was found efficacious to administer a rebuke and punishment to the whole group to which the offender belonged. Obermayer considered this method to be advantageous.

Work should be the motive force, aim, and recreation of every institute of this kind, in order to stimulate flagging energies, to accustom prisoners to useful pursuits after release, to reinforce prison discipline and to compensate the State for the expense incurred. This latter object should, however, always be subordinated to the others, and lucrative trades must occasionally be avoided. Occupations which might pave the way for other crimes: lockmaking, brasswork, engraving, photography, and calligraphy should not be adopted, but choice made, instead, of those agricultural employments which show the lowest mortality and are much in demand. The manufacture of articles in straw, esparto, and string, printing, tailoring, the making of pottery, and building are all suitable trades, but those which require dangerous tools--shoemaking, cabinet-making, and carpentering--should be resorted to last of all. The rush baskets made by the convicts at Noto (Sicily) obtained several medals.

The tasks allotted to prisoners should always be proportioned to their strength and tastes. Unskilled or physically weaker individuals who conscientiously do their best, should be rewarded in some way, if not pecuniarily, at least by a reduction of their sentences. In this way work becomes profitable and a spirit of comradeship and friendly emulation develops among the prisoners.

INSTITUTES FOR HABITUAL CRIMINALS

To protect society against the repeated misdeeds of these offenders and those of born criminals, segregation is essential. However, the institutions set apart to receive these classes should still regard the redemption of the inmates as their chief aim, and only when all attempts have proved futile should they be replaced by almost perpetual isolation in a penal colony.

The Penitenciario Nacional of Buenos Ayres is a splendid instance of an institute founded for the redemption of adult offenders as well as for the punishment of their offences. The inmates of this penitentiary comprise offenders of all types--criminaloids, habitual and born criminals--belonging to the Province of Buenos Ayres. It was established a few years after the Reformatory at Elmira, the fundamental principles of which it has imitated with certain wise modifications to suit diverse circumstances.

Externally, it has nothing in common with the gloomy European prisons. It is a large, white edifice with a broad flight of steps leading to the street and is devoid of all signs of force, soldiers, sentry-boxes, etc.

After passing through a wide vestibule, I reached a large, shady court-yard with low walls almost hidden beneath a wealth of flowers and foliage. A corridor opening on to the court-yard was flanked on each side by a row of open, white cells, each well lighted by a fair-sized window during the day, and by electricity at night. Each cell is furnished with book-shelves, a table with paper, pen and inkstand, and a chair. All the corridors, which are gay with plants, converge towards a central glass-room, whence the sub-inspector surveys all the radiating corridors under his jurisdiction. Each corridor ends in a workshop, where printing, lithography, shoemaking, metal and steel work are carried on, and between the corridors are garden plots in which fruit, vegetables, and flowers are cultivated. The workshops are reckoned among the best the Republic contains. The printing-office turns out many weekly papers, illustrated magazines, and scientific and literary reviews. Footgear of the finest and most elegant quality is manufactured in the shoe-factory, and the foundry and workshop produce lathes, boilers, industrial and agricultural machines and implements. All the cooking in the Penitentiary is done by steam, and the plant is installed in a large building erected by the prisoners themselves.

Work in the Penitentiary is compulsory. On arrival, each convict receives instruction in some handicraft, chosen by himself or one of the foremen. Of course swindlers and forgers are not admitted to trades like lithography, for reasons easy to understand.

The convicts receive regular wages which vary according to their abilities and are about equal to the standard wages in each particular trade. All earnings are put aside and handed to the convict on his release when he is also provided with suitable employment.

Work is finished at five o'clock in the evening and after a substantial supper the prisoners are divided into nine classes, six elementary and three secondary, according to their culture and intelligence. If illiterate, they are taught reading and writing and later, arithmetic, geography, history, languages, and drawing,--this latter being adapted to the particular trade of each individual. When school is finished, prisoners are allowed to go to the library to return the books they have read and take others for the night.

Instead of a weekly newspaper like that published at Elmira, intellectual development is stimulated by means of lectures delivered each week by the prisoners or their teachers and attended by the Director, Vice-Director, and all the convicts.

In addition to the care lavished by the Director, Señor Ballvé, on the work and education of his charges, he spares no pains to encourage moral progress by rewarding good conduct. As each convict enters the Penitentiary, his name, trial, sentence, and antecedents are entered in a book with his photograph and particulars of his physical and psychic individuality, and these data are supplemented by remarks on his conduct and good actions, if any, so that on his release a clear idea is obtained of the moral progress he has made while in prison.

PENAL COLONIES

When after unsparing efforts for the redemption of a criminal, repeated convictions prove him to be a hopeless recidivist, the community should decline to allow him to perfect his anti-social abilities at their expense in prisons or at large, and should segregate him permanently, unless, indeed, there is any hope of reform, or circumstances render him harmless. Perpetual confinement in a prison, even of an improved type is, however, both cruel and expensive, but an excellent substitute may be found in the Penal Colony. Here the chief object should be, not to educate, elevate, or redeem the criminal, but to render him as useful as possible, so that he does not prove too great a burden on the community.

Penal colonies should be situated on islands or in remote territories, that is, completely isolated from populous districts. The agricultural colony at Meseplas founded by the Belgian Government is a model worthy of imitation.

In this colony the convict population is divided into four categories:

1. Turbulent and dangerous individuals, who exercise an injurious influence over the other inmates of reformatories and prisons;

2. Recidivists, ticket-of-leave men, escaped and mutinous convicts;

3. Persons of bad reputation, who have hitherto avoided conviction;

4. The better types, who have been convicted three or four times only and although not depraved, lack moral stamina and are constantly yielding to temptation when at large.

All the common necessities of life are supplied by the colonists themselves, beginning with the dwellings which are erected as they are required and according to the resources available. In this way, extensive building operations are carried out at a very slight cost to the State. Cattle and crops are raised on the land, which is cultivated by a number of the convicts, while others manufacture articles which find a ready market in the vicinity and for which they possess suitable tools.

Any convict refusing to work is imprisoned on bread and water. All work is paid for in special coin current only in the colony itself, but which, on the release of the owner, is exchanged for the coin of the country.

The "Open Door," an institution on similar lines, was founded by Professor Cabred for the insane of the Province of Buenos Ayres, and judging from what I was able to observe during my short visit, it fulfils its purpose admirably. It consists of a large village populated by some ten or twelve thousand lunatics. With the exception of the price of the land and the cost of erecting the first buildings, this colony does not cost the community anything; on the contrary, the colonists are able to make large profits.

The ultimate plan of the village with streets and edifices has already been mapped out, and the patients are continually occupied in erecting new buildings, etc. There is a brick-kiln, a carpenter shop, and a smithy, which produce all the materials used in building and furnishing the dwellings. Only the less dangerous patients are employed in these operations: those of weaker mind make brushes and wicker articles.

The colony is situated in the midst of a vast stretch of land in the Province of Buenos Ayres, on which fruit and vegetables are grown by a number of the patients. Others are occupied in raising fowls and pigs, which supply the colony with eggs and meat and yield a large profit when sold outside.

Professor Cabred wisely prefers agriculture of this kind to the raising of large crops of wheat or maize, because it simplifies the task of supervision necessary in any colony, and gives the colonists, whose toil is compulsory, a continual and regular occupation of an almost unvarying character. (This applies equally to the case of a penal colony.) Workmen, foremen, engineers, builders, mechanics, gardeners,--all are patients, with the exception of the Director, the doctor, and about a hundred mounted warders, who pass rapidly from one part to another and are able to intervene in suicidal or homicidal outbreaks.

A colony on these lines would be suitable for the large mass of habitual criminals, who, although unable to resist the temptations of ordinary life, are capable of useful work under supervision, and under such conditions may prove beneficial to themselves and to the community.

INSTITUTIONS FOR BORN CRIMINALS AND THE MORALLY INSANE

_Asylums for Criminal Insane._ We have still to consider born criminals, epileptics, and the morally insane, whose crimes spring from inherited perverse instincts. These unfortunate beings cannot be consigned to ordinary prisons, since, owing to their state of mental alienation, they do not possess even the modesty of the vicious--hypocrisy--and they never fail to pervert those criminaloids with whom they come in contact. Malcontents by nature, they distrust everybody and everything, and as they see an enemy in every warder and official, they are the centres of constant mutinies.

To confine them in common asylums would be still more injurious, for they preach sodomy, flight, and revolt and incite the others to robbery, and their indecent and savage ways, as well as the terrible reputation which often precedes them, make them objects of terror and repulsion to the quieter patients and their relatives, who dread to see their kin in such company.

Ordinary asylums are equally unsuited to those victims of mental derangement who, although devoid of the depraved instincts of the morally insane and generally of blameless career up to the moment in which they are led to commit a crime by some isolated evil impulse, have a bad influence on the other inmates. Unlike other lunatics, they do not shrink from the company of others, whom they torment with their violence and contaminate with that spirit of restlessness and discontent which distinguished them even before they became insane or criminals. Firm in the belief that they are always being ill treated and insulted, they instil these ideas into their companions and suggest thoughts of flight and revolt, which would never occur to ordinary lunatics, absorbed as they are by their own world of fancies. The condition of the inmates is thereby aggravated, and it becomes impossible to accord them that large measure of freedom advocated by all modern alienists.

To leave these madmen at large would be more dangerous still. Beneath an appearance of perfect calm and mental lucidity are hidden morbid impulses, which may give terrible results at some unexpected moment.

All these offenders--insane criminals and the morally insane whose irresistible tendencies are detrimental to the community--should be confined in special institutes to be cured, or at any rate segregated for life. No infamy would attach to their names, because their irresponsibility would be clearly recognised, and society would be secure from their attacks.

England was the first country to provide asylums for the criminal insane. In 1840 a portion of Bedlam was set aside for this purpose. Fisherton House, a special private asylum of this kind, was opened in 1844, and later others were instituted at Dundrum (Ireland) in 1850, at Broadmoor in 1863, and at Perth (Scotland) in 1858, to receive criminals who commit crimes in a state of insanity, or become insane during their trial, and all prisoners whose state of lunacy or imbecility renders them unable to conform to the discipline of a prison. Of course sanguinary and violent scenes often occur in these asylums, where the pernicious influence this type of lunatic exercises over his surroundings in ordinary asylums or prisons is multiplied and intensified a hundred-fold. Conspiracies, almost unknown in common asylums, and the murder of warders or officials are very common. Despairing of release and conscious of their irresponsibility, these wretched beings attack the warders, destroy the walls which confine them, murder and wound others and themselves; but at any rate the injury is limited to a small circle, and both harmless lunatics and common criminals are not contaminated. Moreover, even in criminal asylums, long experience with these strange pathological types and the adoption of subdivisions like those recently introduced into Broadmoor by Orange have done much towards improving the general condition and eliminating many drawbacks. According to this classification insane criminals are divided into two classes, _unconvicted_ and _convicted_, the former class being subdivided into _untried_ and _tried_. Untried offenders, those who are considered to have been insane before committing the crime, are sent to a common county asylum, where are also confined persons convicted of minor offences and declared insane (the percentage of cures in this class is considerable) and others suspected of shamming insanity. In this way, the better elements are eliminated and the inmates of the criminal insane asylum reduced to the worst and most dangerous types only.

CAPITAL PUNISHMENT

When, notwithstanding prisons, deportation, and criminal asylums, individuals of ineradicable anti-social instincts make repeated attempts on the lives of others, whether honest men or their own companions in evil-doing, the only remedy is the application of the extreme penalty--death.

Amongst barbarous peoples, on whom prison makes but slight impression, or in primitive communities that do not possess criminal asylums, penitentiaries, and other means of social defence and redemption, the death penalty has always been considered the most certain and at the same time the most economical means of common protection. But criminal anthropologists realise that the desire to abolish this penalty, which so often finds expression in civilised countries, arises from a noble sentiment and one they have no wish to destroy.

Capital punishment, according to the opinion of my father, should only be applied in extreme cases, but the fear of it, suspended like a sword of Damocles above their heads, would serve as a check to the murderous proclivities displayed by some criminals when they are condemned to perpetual imprisonment.

We have, it is true, no right to take the lives of others but if we refuse to recognise the legitimacy of self-defence, exile and imprisonment are equally unjustifiable.

When we realise that there exist beings, born criminals, who are organised for evil, who reproduce the instincts common to the wildest savages and even those of ferocious carnivora, and are destined by nature to injure others, our resentment becomes softened; but notwithstanding our sense of pity, we feel justified in demanding their extermination when they prove to be dangerous and absolutely irredeemable.

PENALTIES PROPOSED BY THE MODERN SCHOOL

The following tables, compiled by Senator Garofalo, a celebrated jurist of the Modern School and inserted in _Criminal Man_, vol. iii, show the distribution of penalties systematically arranged.

I. Born Criminals who are utterly devoid of the sentiment of pity.

_Offender_ _Crime_ _Penalty_

Murderers exhibiting Murder for lucre or Prison, penal colony, moral insensibility some other egotistical criminal insane and instinctive object asylum, or cruelty, capital punishment convicted of Murder without if recidivists. provocation on the part of the victim

Murder with ferocious execution

II. Violent and Impulsive Criminals, Criminaloids, and those guilty through insufficiency of pity, of decency, of inhibitory power, and through prejudiced notions of honor.

_Offender_ _Crime_ _Penalty_

Adults convicted of Cruelty, assault Criminal insane and battery, rape, asylum for epileptics, kidnapping or

Indefinite seclusion for a period equal to one of the natural divisions of a man's life, with period of supervision.

Minors convicted of Murder, cruelty Special reformatories, and other offences criminal insane against the person asylum if there are without provocation congenital tendencies.

Offences against Penal colony and decency deportation in cases of recidivation.

Adults convicted of Homicide provoked by Exile from native injury or place and from the genuine grievances town in which the victim's family live.

Adults convicted of Homicide in Exile, segregation self-defence for an indefinite period in some Homicide to avenge remote town or some wrong or settlement. personal dishonour

Adults convicted of Assault in quarrels, Compensation for or ill-treatment injury caused, fines, when intoxicated, reprimand, security, blows, insults, or conditional liberty. slander

Adults convicted of Mutiny and revolt Reprimand, security, imprisonment for a definite period.

III. Criminals Devoid of a Sense of Honesty

_Offender_ _Crime_ _Penalty_

Adults (habitual Theft, fraud, arson, Criminal lunatic offenders) convicted forgery, blackmail asylums (if insane of or epileptic), deportation (for sane offenders).

Adults (occasional Theft fraud, forgery, Reformatories, offenders) convicted blackmail, arson conditional liberty, of exclusion from particular profession.

Adults convicted of Peculation, concussion Loss of office, exclusion from all public offices, fines, compensation for damage done.

Adults convicted of Arson, malicious Compensation, or damage to property as a substitute, imprisonment.

Criminal lunatic asylums (if insane).

Penal colonies (for recidivists).

Adults convicted of Fraudulent Compensation for bankruptcy damage caused, exclusion from business and public offices.

Adults convicted of Counterfeiting, Reformatories, forging cheques, fines, compensation public title-deeds, for damage, exclusion etc. from office.

Adults convicted of Bigamy, substitution Seclusion for an or suppression indefinite period. of child

Minors convicted of Theft, fraud, and Magisterial picking pockets reprimand, probation, reformatory, or agricultural colony.

IV. Offenders Lacking in Industry

_Offender_ _Penalty_

Beggars, vagabonds, Agricultural colony loafers for country offenders, workshop for city offenders.

V. Offenders Deficient in Misoneism (Hatred of Change)

_Offender_ _Penalty_

Political, social, and Temporary exile. religious rebels

SYMBIOSIS

The punishment of offenders and the protection of society from the insane are the two chief objects of criminal jurisprudence, but criminal anthropologists aim at something higher, the utilisation of anti-social elements, thus redeeming them completely and justifying their existence in the eyes of mankind and in the scheme of nature.

We find, in fact, in nature numerous instances of a partnership for mutual benefit between animals and plants of very diverse species and tendencies. Lichens are a living symbiosis of algæ and fungi: the pagurus allows the actiniæ to settle on his dwelling, where they attract his prey and in return are housed and conveyed from place to place.

In imitation of this principle, criminal anthropologists seek to devise a means of making offenders serviceable to civilisation by carefully analysing their tendencies and psychology, and fitting them into some suitable groove in the social scheme, where they may be useful to themselves and to others. Side by side with depraved instincts, criminals frequently possess invaluable gifts: an abnormal degree of intelligence, great audacity, and love of innovation. The wonderful galleries and fortifications cut out in the rocks at Gibraltar and Malta by English convicts and the complete transformation of parts of Sardinia have led criminologists to the conclusion that the ancient penalty of enforced labour was more logical, useful, and advantageous both for the culprit and the community than all modern punishments. The Mormons of America and the religious sects persecuted in Russia by an omnipotent bureaucracy, have by their energy transformed uninhabitable regions into lands of extraordinary fertility. Still greater results might be obtained, if the abnormal tendencies of certain individuals were turned into useful channels, instead of being pent up until they manifest themselves in anti-social acts, and this beneficent and lofty task should devolve on teachers and protectors of such of the young as show physical and psychic anomalies at an early age.

The colonisation of wild regions and all professions (motoring, cycling, acrobatic and circus feats) which demand audacity, activity, love of adventure, and intense efforts followed by long periods of repose are eminently suited to criminals. There are cases on record in which young men have actually become thieves and even murderers in order to gain sufficient means to become comedians or professional cyclists, and there is every reason to suppose that these crimes would never have been committed had the youths been able to obtain the required sums honestly. On the other hand, men of bad character, ready to develop into criminals, often undergo a complete transformation when they find some outlet for their intelligence and aptitudes, in becoming pioneers in virgin regions or soldiers. War, the original, perpetual and exclusive occupation of our ancestors, is eminently suited to the tendencies of criminals. All the characteristics of the criminal, impulsiveness, cynicism, physical and moral insensibility, and invulnerability are valuable qualities in the soldier in times of war, especially when waged against savage and barbarous nations, when cunning and ability have to be employed against primitive races who laugh at the rules and ethics of civilised warfare.

Amongst brigands, we find a few badly-armed individuals performing marvels of valour, and the leaders, although ignorant men, manifesting an intelligence and tactical skill that puts trained armies to shame. Could not the tendencies of criminals be used for the good of their country? The qualities developed in primitive races by constant warfare against the forces of nature are characteristic also of criminals. Let those whom nature has destined to reproduce impulsive and brutal instincts in a civil and industrial age be permitted to employ them in defending civilisation with true primitive valour against external and internal enemies, against barbarous peoples who would restrict its boundaries, or reactionary elements who seek to hinder its progress.

The Great Redeemer, who in pardoning the adulteress, said, "He that is without sin among you, let him first cast a stone at her," and the Prophet who foretold the day when the wolf and the lamb should dwell together and the lion should eat straw like the ox and should "not hurt nor destroy," divined perhaps this noble aim. If criminal anthropology is destined to lead mankind to this goal, it may well be pardoned all the harsh measures it has seen fit to suggest in order to realise the supreme end--social safety.