CIHM Microfiche Series (lyionographs) ICMH Collection de microfiches (monographies) Canadian Inatituta for Hiatorical Mieroraproductiona / Inatitut Canadian da microraproductiona liiatoriquaa TM ImtitMW kM •mmpMtf to akUNi Hm kMt arigiiMl aofv aMitoMt fof f iimMt. FMtMf m •( Ms m^ wrliMi RMy 09 piniQpw^'M*#wif yni^vvf wincii Msy wMf ftAy el tiM iNMfN in tiM rtprotfuetwn, or wMch may lignif icantfy cltan«> ttit immI method of f iimiiit. art L'ImiilMt • mikn i itmt It mtiUawr ttumfUin ^H'il M»Hk pB i iifcto <» M »f— iiwf. LmJtoilitftMt •SMipMft 4iti IMH ptwt4tr« iMi4MM *i point tft »wt MMiofr«phi«Mt, 4iii pMWMt Modilitr ont imat* ftprodoiit. 00 «Mi paovaM aai|tr una moiiliaation at i ai iOMi. I y/i Colevrad covtri/ 11^ I CoM«wrlwr« da couI«im □ CoMTi damafltd/ Coovartura '-ndomiMtta □ Covart raitofad and/ar laminatad/ Coovanora rattawrte at/ao p aW i a M W a □ Ce«ar titia miuini/ La titfa da eouMrnira Cartai ftographiqun an aeulaor 0Coloorad ink (i.a. otiMr dian Mua or Maek)/ inara da aeidaur ii.a. ainra ^m Maoa oo noira) n Coleoiad plata* and/or iNusuatiem/ Planeitai at/ou iUMtf atiom tn aoolaw □ Bound arith othar matarial/ RaiiA a»aa d'auttai doanmanti □ Tifht bindina may cauta i h idew w or diftortion •Ions inierier mariin/ La ralitira tarria pawtcauMr da rowfc r i eu #i la dittonion la loni da la marp intiriauia □ Blank laa«a> added durinfl railoration May aridiin tha tajit. Wlkanaaar poaiMa. Ihaw kava kaan omUlad f rom liknint/ II aa paot qua eanainat pagn Manahi Ion d'una rasuwration apparainant dam la ■Mis. lortqoa aaia Mait poMiMa. aat pa|M ifont paiMfikniat. □ Coleurad papa*/ faae«da< as: raclorad and/lor laminatad/ lai tt Mr^ai at/oo pa HJao H a i 0>nat diiaoleorad. it ai n ad or foiiad/ KiMi dAaolofAai taakeym au aiauAM □ Npatdataahad/ Tiiai diiMkiai 0Sho«vikro«ik/ Traniparanaa Q Quality of print aarias/ Oualiti kOgala da llmpraiiian □ Continuous paiination/ ftaination aontinua □ Inaiudet kidejiia*)/ C o m pra n d un Mat) india TitIa on kaadar takan from:/ La titra da ran-tMa proviantt □ Titia papa of in PlH**titrada □ Caption of inua/ Titra da r~~| Miitkaad/ ofiHua/ Is NVIMSOfl it Ck ifci qu a IpModiquat) da la llwaiion Additional aemntantt:/ Conunanttirat lu pp MH w nta irii ; Varfaua pagfnga. Tkii itam i* filmed at the reduction ratio a k e ck e d below/ Ca document eit film* au taua da reduction i n diq u * ai dettoui. 10X MX liX ax 2iX SOX y 12X MX aox 2tX 3U ux Th* copy fHnMd har* has bMn raproduMd thank* to tha ganaroaHy of : Natlofial Library of Canada L'aMmptaka film4 fut raproduH grioa A la niniftialti ila BlbNotMquo natlonala du Canada Tha InMQaa appaarlnQ haia ara tha baat poaaHMa eonaidaring tha oondMon and of tho original eopy wnd in kaaplng with tha filming eontraet apaclfleatlont. Original coploa in printad papar eovors ara fNmad baginning whh tha front eovar and anding on tha last paga with a printad or IHustratad impraa> •ton, or tho baeic covor whan appropriata. AH othor original eoplaa ara fflmad baginning on tho first paga with a printad or INustratod impraa- ■Ion, and anding on tho laat paga with a printad or Niuatratod improMlon. Laa hnagaa sulvantaa ont ata raproduHaa avao w plus graiid soin, compta tanu da to condition ot do la nattati da i'axamplaira fllm4, at an eonformlti avae las eondMons du eontrat da fHmaga. Laa axamplairas orlglnaux dont la eouvarturo tn paplar aat ImprlmAa sont fHmte on commonpant par to pramiar plat at an tarminant salt par to damtora paga qui oomporta una ampralnta dlmprssston ou dlNustration, soH par to saeond plat, salon to oas. Tous laa autraa axamplairaa orlginaux sont fHmto on eomnian9ant par to pramtora paga qui eomporto uno omprointo dimpraaalon ou dlHustration at an tarminant par to damtora paga qui eomporto uno taHa ampralnta. Tha tost racordod frama on aaeh mieroflcho shaN contain tha symbol ^»> (moaning "CON- TINUED"), or tho symbol ▼ (moaning "END"), wMchavar appHas. Un das symbotos suhrants apparaltra sur to damtora imaga da chaqua mieroflcho. sston Is cos: to symboto -^ signifto "A 8UIVRE", to symboto ▼ signifto "RN". IMaps, ptotas, charts, ate., may ba fHmad at diffarant reduction rattos. Those too large to be entirely included in one exposurs mn fi>m jJ beginning in the upper toft hend comer, left to right end top to bottom, as msny frames as required. The following dtograms illustrate the method: Les cartes, ptonchee, tableeux, etc., peuvent Atre filmte i dee taux da rMuctton dlff«rents. Lorsque to document eet trop grand pour ttra reproduit en un soul cHcht, il est fNmA i partir da i'angto supMeur gauche, do gauche A droHo, et do haut en bas. en prenent to nombre d'imagas nAcessaire. Les dtogrammes suhrants iiiustrent to mMiode. 1 2 3 1 2 3 4 5 P Micaocorv wnoumoM mt awn (ANSI and BO TEST CHART No. 2) A ^^PPUED ffV/MBE inc 1653 Ea«« Main Strtct Wfjfrttr. Nm Yofk 14609 USA (716) 482 - 0300 - PhooT^ (716) 288 -9969 -Fox THE CRIMINAL k THE COMMUNITY THE CRIMINAL & THE COMMUNITY : : BY JAMES DEVON : : MEDICAL OFFICER OF H.M. PRISON AT GLASGOW WITH AN INTRODUCTION BY PROF. A. F. MURISON, LL.D. " GREAT MEN ARE NOT ALWAYS WISE: NEITHER DO THE AGED UNDERSTAND JUDGMENT. THEREFORE I SAID, HEARKEN UNTO ME; I ALSO WILL SHEW MINE OPINION.'' Jot smi. lo, 1 1. TORONTO: BELL AND COCKBURN LONDON: JOHN LANE MCMXII W.U.UM .„K«m AND SOK. LTD.. P.^T-M W.VMOOTH, BMGLANO 10 MATTHEW G. KELSO AMD SAMUEL GIBSON FRIENDS IMDBID Ij INTRODUCTION ™ importenoe of the subject, handled « thi, •nd for long, the treatment of them ha. nat«Jw eWd the aympathetJ. .tudy of pZ.^^ «.d more recently it ha. attracted the ea^^IC fan of Bcientm, inquirer,. Hitherto, hZlr ^" n«Jt. have been far from satiafactonr • H^^ «nple room for farther di«,»don e^Z^Tf^K '^^'^t of a thoroughly pr^c^'^^SC =Xtt:td°r^-°'---- S'forr^rl''' r"'***"" *" di«,„v»?C »Z l^t -T""™' «<» practical reform, are »g^ Such tendence. of thought and feeling may be^a^^ to go far to enau. a warm weSr^ n.^' w '"'''' '^^ ^ "'~'"«» "° » breadth of «ale u^erbef^e attempted. It ha. three diatinct ^S^ Unme, The Treatment of the Criminal. Hi. ex- viii INTBODUCnON pontion if perfectly dear ; he sees preoieely, and he states directly, simply, and definitely what he sees and what he thinks about it, yery frequently driTing home a point with epigrammatic force. If he throws OTcrboard nnceremoniously what he regards as mere lumber aoctunnlated by the industry of speculation divorced from experience; if he betrays some im- patience with existing theories and systems ; if he adyances his own views with confidence— the handling is at any rate piquant, and brings the matter promptly to a head. We are supposed to have travelled far from the medieval brutality of prison life, but have the changes not been superficial rather than deep ? Setting aside the catalogue of minor regulations and regarding the broad spirit of prison life, one cannot but recognize that the conditions still prevailing have much in common with the past. If we look for the really essential changes during a hundred years, we find just these : (1) a surface cleanliness of apparent per- fection ; (2) conversation, prison visits, and arrange- ments tending towards a decent sociability between prisoners and prisoners and between prisoners and the pubUc reduced and rendered difficult by multitudinous bye-laws. On the one hand, a cleanliness obtainable only by irritating industry disproportionate to its proper value ; on the other hand, a reduction of such facilities as are most likely to prevent a prisoner from degenerating to a social alien, an automatic machine, or a lunatic. INTRODUCTION ix The afker-effeott of a long sojouni in prison are not nadfly xealizable: it would ivqnixe a Tory lively imagination to piotme the life and its inherent poni- bilitiee. The fact that some prisoners do manage to get through their existence wiUiont falling into despair may be taken rather as a tribute to the chances of exception confounding role than as a proof of con- yersihere of degradation, fatal both to character and to intellect. We are pretty weU agreed that consideration and lE^nnpathy should be extended to the first offender, except in case of sheer brutality — and, as Dr. Devon points out, even a man that commits an act of brutality * INTBODUCnON i» no* »«»«riiy , h„rte_l„ the Ihrt o&mW I. w-dljr the viotta. «f •'.oold^t.I «l«o„duot." to tk« OM. ot the hriritw, ofltader. who ntain. to I»ri«o time .fter time for y«ion, t»nig««ion. It ;^^ rr 1°^ *» k^ Mm p.™«„tly from •otMl freedom, but to treat him moie « » di».«d •nd podtiTefy dMgerou. man th«, « , „„^„ •n^. At «y rate, firrt oflender, d«,dd ^^ be "^ together with oaee-hardened oiiminals Dr. Devra «rg„e. .toutly for the liberation of P««»ier. when reepoadble oiti«a„ come forward to "wi^talw for neoeeauy period, the guardianriUp and o«eofthem. On thi, point it i, impotent to not. ^ precMe podtion: it i. not for a moment to be ttought that he advocate. «v reckle« liberation of ^^ar'^,'^'''- ^'-"''•^••otualword.: Unoond.t.<«al hberation ha. ended in di«rter to •n concerned. Conditional Kberation can only be "^eoted to produce good result, if the condition, are "Monable. .. A pri»n ought merely to be a place »t detention in which offender, are placed till «,me proper provirion .3 made for their rapervirion and »>ean. of livelihood in the commuiUty. C piMon in which they would be placed would not be a leformatoiy inrtitution where aU «»t. of futile ex- penmento wouM be made, but amply a pUce of de- attend on hm«,lf nnta he had made up hi. mind to accept the greater degree of liberty implied in life out«de. The door of hi. ceU wouM be opened to let INTRODUCnON ^ him ototherwi». a. oiBdrf podtion « medloU olBcr ^experience „ ^ «» «»• .»mi„e» fo^ the aown for omunri 0,^ i„ a«. ^^ ^ ^^ h™ . ngbt to . he«ing on tb. n-diol «, o^SIl but Dr. Devon'e qaJiflction. on the «»ial ride « ^^^ H. w« b.^,ing to .«» hieXrtS Wore be WM elevm, ^ hi. knowledge of the oon- d.tK«» of life among the working ob«rL. .Irt Z. «q»i»d from the ont«de. rLd . ^^JT quamtonoedap with the work of the nniCSo^ ome Mid h» profe«ional life, q«nt mainly in the poorhonae and the pri«,n, ha. gir^him opp,^^2l for onto«le ob»rvatio« of condition, witt wh^ i^ INTRODUCTION ziij bad hid an eariinr and mora intimate aoqnaintanoa. Ha hat bean amphatioany a man of tha people, foing in and out among hia faUow-dtiient of all olaaiee for many yeaia-lectiiring, aharing oonfidenoee, adridng and ooonaelling ereiy day, and» in a word, familiar- iiing himaelf with every aapect of the divenified aocial life aroimd him; an inoalonlable advantage when ntiliied by a keen intelleot and a sympathetic heart. It will be found, then, that he has brought together the two faotora of the problem— the Criminal and Society— with a solvent power beyond any previous effort. I believe that his book is the most mnminating and the wisest that has ever been w cten on the subject. CONTENTS PABT I THK STUDY OP THB CRIMIKAL OHAPTBB I • in«U«d but T!SS^7^^ »ot ■Wp to crime of thi.^SSiS?^^*~°"»^ '•^'»*««»- OHAPTBB II V_. MMDITT Am> oBna •wiything^^ n«w«i °btauiS knowledge . " , *'""® °^<^ '^e accumulation S 44-48 PART II COMMON FACTORS IN THE CAUSATION OF CRIME CHAPTER I -. . DMNK AND CRIMB ^gnnrcL^Sflino^^^ P-3-tion of crime- Drink a factor in the iuS'tL^^""- '^ i^fluence- S^^-^^i^ pe«oS^^°lV'r'l'^»»' 'he cradty--I)runke^Mge-ASaS2f^ ^l^ i™» J~Dronken offencea-Child necleSlMfS"/? *^ S®,^"»»J^en-Sexual ne« of aome offSJ::?{j^£^'!«hm^ Drunken kleptomania-T^^^^ mischief and theft- drmk--Theft«^frSX^d^l?en *Amf ^ and w^O^hier parts of ^^ P-1&^^-,^SS^^^ 61-66 CHAPTER II POVMXT, DESTmmOK. OVKRCROWDIXG. AND CRIMR CONTENTS xvii —¥vnrtytaid thrift— Poverty and destitution— Cue of theft from destitution— Poverty and vagrancy— Unemploy- ment and beggary— Formation of professional offenders— The case of the old— The degradation of the unemployed to unemployability— No raUo between the amount of poverty alone and the amount of crime— A definite ratio between density of population and crime— Slum life— Overcrowding- Cases of destitution and overcrowding- Overcrowding and decency— Poverty and overcrowding in relation to offences against the person— The poor and officials— The absence of opportunity for rational recreation '■A?.®v".*^'°7,*'*^*^^'^ o* *« population— The multiplication of laws and of nenaltiea— Transgressions due to Ignorance and to inability to conform— Contrast between city and country administration— Case of petty offender— Treatment induces further offences— The city the hiding-place of the professional criminal— Crime larfielv a by-product of city life Jo^ 67-94 CHAPTER III mmORATION AND CRIME The stranger most likely to offend — The reaction to new "*T"^iP«tr^* difficulty of recovery-The attraction of the qjty— ^e Churches and the immigrant— Benevolent assosiations— The aUen immigrants— Their tendency to hold th^iselves apart— Deportation— A languase test re- quired-'nie aUen criminal-His dangerous Character- The need for powers to deal with him . . . 96_io2 CHAPTER IV SOCIAL OONDinONS AND CRDIX The millionaire and the pauper— lU-feeUng and misunder- standing- S<»ial ambitions— Case of embezzlement— ™cbmg and practice— Gambling— The desire to "aet on"— The need to deal with those who profit by the help- leasness of others— Political action— Its difficulty— Legisla- tion and administration— The official and the puWic— Personal aid— Fellowship *^ . 103-iie CHAPTER V AGE AND CBIHB The inexperience of youth— The training of boys-Caae of a troant-Another case-Intractability- The foolishness of parent and teacher— The absence of mutual understanding *^"' OONTBNTB IN^ 117-138 CHAFTEB VI SKX AND OBIMK -Wages and conduct^Exotkrt^dJrff^^**?"'**'^ CHAPTER VII opinion the^dete^^S^S«'!^t*?"f»'*-«^ for the law-Pre?S^S """^^ "'d«»-»eapect • • • 161-186 CONTENTS XIX PAKT III THE TREATMENT OF THE CRIMINAL CHAPTER I TBI MAOHmiBT OV TBI LAW The police and their duties— Divided control — Need for knowledge of local peciUiaritiee— The fear of "cormption" —The police cell— Cleanlineae and discomfort— Inst^ient provision of diet, etc— The casualty soigem— The police court— The untrained nagistrate— The assessor- Pleas of "guilty"— Case— Apathy of the public— Agents for the Poor— The prison van— The sheriff court— The procurator- fiscal— Procedure in the higher courts— The Scottish j«»y fogn 189-800 CHAPTER II TBI PBI80N 8T8T11I Centralisation— The constitution of the Prison Commission- Parliamentary control— The Commissionen— The rules —The visiting committee — Hie governor and the matron— The chaplain— The medical officer— The staff . . 810-219 CHAPTER III TBI PRISON AND ITS BOUTINS Reception of the prisoner— Cleanliness and order— The plan of the prison— The cells— Their furniture— The diet— The clothing— Work— The Workshops— Separate confinement and association— Gratuities— Prison onences— Complaints —Punishment cells— Visite of the chaplain— Visits of representatives of Uie Churches— The gulf between visitor Mid visited— The Chapel— The Salvation Army- Rest— Becreation— The prison Library— Lectures— The airins- yard- Physical dim 880-848 AJ( CONTENTS ORAFTEB IV TAHunoHB nr BoiTmni Al^a^gJ*^^^^^^ of the dck to out. Srth. »ed,^^ffir^^^^£»"«^*hepodtion -£ o, ruH^l^A/r^-IgPn.)^^^^^ coj;. • jw«w 243-267 CHAPTER V TM PRttOMR OH LIBWUnON '-oci.UonJTk?^:^:^^^^ -d the 4n„£_^^^ CHAPTEB VI THI nrSBBIATI HOlfl OfficUI uttenm^2?S?i!!Ii^1*"*'Z~^« inebriate*-! --The f08teriig^old'^S|*-The«uBe8 of failure thef„tu«.p^«S,etaSS'£Sir^^ f'T'S^^^^^ CHAPTER VII IHl PMVMmON OF CRIMBS ACT 0906) yo^'SrSJSS^l"!^^^ for the « refonnation of Polic?expected^ft2vSSv*E.«V°'' "L^e.^nmbew of Won tfftpenSwrS^ d^^;?°°r-^« ^^"^^ con- ence on it Va wSmiLr^fJ^* 7^°"" 'S? t^* ^ndBt- detained at Ue dWK*7f Ij "^o^-Jie prisoner powers of the Sec^^'S sL^'S^i official?- The .tatute-ll^e neceasaS^^J^l^^'^: fel^'S^Sti* CONTENTS XXI hj ttamm of hit other daties— The "eommitteee''— The habits to be tau^t— The teaching of trade*— The ignor- ance of trades on the part of those who design to teach them— The diflBcnlt j of teaching professions in institntions less than that of teaching trades— The vice of obedience taught — Intelligent co-o^ration and senseless snbordina- tion— The military man in the indostrial conunnnity CHAPTER VIII THE FAIOLT A8 MODIL I The basis of the family not neceanrily a blood tie— Adoption ' —The head and the centre of the family— llie fettling of joint responsibility— The black sheep— Companiradiip and sympathy necessities in life — Reform only possible when these are found— "Conversion'' only temporary in default of force of new interests —The one way inwhich reform is made permanent 804-810 CHAPTER IX ALTIBNATiyXS TO IIIPBISONMXRT [what is required- The case of the minor offenders— The incidence of fines — The prevention of drunkenness— Clubs —Probation of offenders— Its partial application— Defects in its administration- The false position of the probation officer— Guardians required— Case of young girl— The plea of want of power— Old and destitute offenders— Prison and poorhouse 311-398 CHAPTER X THI BITTKR WAT {The offender who has become reckless— If not killed they must be kept— The failure of the institution— Boarding out— At present they are boarded out on liberation, but without supervision— Guardians may be found when they are sought for— The result of boarding out children— The insane boarded out— Unconditional liberation has failed— Conditional liberation with suitable provision has not been tried— No sjrstem of dealing wiUi men, but only a method —No necessity for the formation of the habitual offender —The one principle in penology .... 329-339 IIndix 343-348 ' ■ » PART I THE STUDY OF THE CRIMINAL HE CRIMINAL & HE COMMUNITY CHAPTER I TBI OBDmrAL AITD TBI OBDIIirOLOOISTS ifieation of eriminala— Th« trMtment of the eriminal not a madicftl but » loeial qnattion— Technical differenoee between crimee and offenoea— Cbangee in the law— Vice and crime— The b^nnner in crime— Oommon chaiaeten of the ** criminal claM" — Atioeiou crime* exceptional— So-odled icientific stndiea of the criminal— How figons mielead— Oompoiite photographa and avenoei— Estimate oi character from phyueaf ezandnation— Cauaal rektionihip to crime of theie characterii )PLE we^e neyer more aiudoiu to lefomi their iiei{^boiin than they are in our day. Ereryone admits the widespread ezistenoe of misezy, "ktion, and destitution; and many seem to that the pzesenoe of these evils is a modem Phenomenon. Any man who has reached middle age id who has lived and worked among the mnnnon of people knows better. The evils are not new, but leir 1^ despread recognition is. For ages the few have been the governors of the ly, and the governed have neither had the means ^or the ability to communicate with their rulers and ^th one another. In our day the ends of the earth )ve been brought together by the invention of the 4 THB CRIMINAL AND THE COMMUNITY •ngbMr, and the lohoolmMter htm been tbttrnd •moog the people. The writer wmjhee a larger oontem- poraiy andieiioe, and the meiMge of the apeaker tooanfed^ a gieater aiea than waa ever befcne POMiUe. Whether this haa been whoBy an advantage m»y be questioned ; but there can be no doubt St things that were hidden have been made manifest and one result has been that Uws and institutions' W<* our fathers accepted have been placed on their trial. Omr system of dealing with criminals haa not escaped witidsm Md has not borne it wen. like all systeS. It is based largely on the assumption that men are or ought to be, of one pattern. It is charged with K^ to refom those who come under ite sway; but there is nothing to show that it was designed for their reformation. *^^ Men are brought under it as a punishment; and tliefr acts, not their personality, are the cause of their imprisonment. Experience has shown that the military man who appliea impartiaUy a set of rules to those who come wider him has not been a success when placed in charge d^ an mstitution for dealing with offenders. It is not ^i JiSi*" ^"°^ **^ <^*^»' ^^^ that he is mow ngid. Differences among those placed in his charge have always been recognised ; for instance, they could not an be treated as though they were the same height nor could it be assumed that it was possible to nirare uniformity amongst them in this respect ; but only Uie most obvious differences were regarded. Even elementary classifications could not be left to the man whose duty it was to administer rules, and so the doctors aid was obtained in order to sort out those who were physicaUy unfit to do any but light work • CRUIINAL. AND CBIMINOLOOmB s Ihoit to whom tht diet wm mmiited; tad thoM who nqnifad to h^To ip6oi«l priTikgM granted tli«m ktt the qritem killed them. It it loinetimei muoh eeiier to oaU in the doctor then to get rid of him ; end htfgely on Moouit of hie work it hee been shown thet ell okiiifloatione hitherto made hAve been inede- qoAte. In the neme of ioienoe he demendi itill further ciMrifioetioni. Ifen can only be pieced in deeeee beoanie of certain qnelitiee they heve in common. Every deiiificetion mtut neglect indiyidnal diifermcee ; and ee it is theee that matt men off one from another, any qrstem or method of dealing with men will faU hi so far as they are left oat of aocomit. The treatment of the criminal is not a medical qneetion. It is a social question. A medical training is of more use to a man who is to stady the subject than a military training would be. It is important to be able to form a rational opinion on the physical md mental capacity of a man ; to know whether he iffers from any disease which impairs his faculties and :o be able to direct treatment to the cure of that disease; but a considerable degree of knowledge regarding theee things may coexist with an amaring amount A ignorance regarding the social conditions under which the person examined has been brought up and formed. Give the medical man head and, so far as he is merely a medical man, he will be a more expensive nuisance than the military adminis- trator. A great deal has been written about the study of the criminal, but any such study is defective and can only be misleading in so far as it is not a study of offenders in relation to their circumstances. " Criminal '* is as loose a term as *' tradesman." It « tUB CBIltlNAL AND THE COMIimnTY «M2» to tt. printing »nd^Uiii^ wSTZ »^ ilww no taowWg, 01 hto ootdd. Bfc. «3t oonflMd maintr to u mmnmtian of the ^deeted rf tomnUting • theoiy without tUdng the te^ of MoertaOning the importnt facte!^ 3*e etudy of the oriminm hM nuOnly been ba«d « ob«n.«on «d ex«nin.tion of pJSSw fa mST- »«t ta priMD the erimind to not hinwif . He^Se J;;2^~^i.w «o«M not c«yun«d. wto l^SS VUMt leetmint, to now compelled to diieot all hto •ote nndtor .nthoritjr. Hto life h« been urwJS te iMi^ end qnietnee., and theionotony of it^ 0W««»hi«. ^ faelfaetion. «e ^^o^*^ U. «g.r not »e«W. except it trenve-STrS. OnWdc he may have a reputation ^^^ ^ tm^ " W*".-^ no »cou«g,„»nt to aJ^ qMJbee. Very hkdy he win tiJk freely to any he may be glad to have the ch«K» rbut he to onhto guuKl, and win not oommunioato any fafoimation that may get hto friend, into troubto"^ and hfauSf «!^ '««* »P°to mong them, mikes he to gofag to ST. ' 8°°f "Jf^ by it ; and not alwaya ey« tten^ ^ feams to take advantage of every opening ttTi offers any chance of increased comfort tolLsS, and he may readUy make a general confession of Jn •nd promise of amendment if thereby he can gZ CRUflNAL AND CRIMINOL06I8T8 7 smpnAhy and obtoin priTikiM. It to not •nvpriiing thfti bt 11100111 Ulbmy in this mMUMf-tbe principle of makiiig friflodt with the mammoii of mirii^temini^ is not unknown ootiido priion— hut it it itiMige thftt peoplB idio nOi^t bo lappoied to know tbe cooditkms ^bioh ho ii pkoed ihonki tftik M though the oriminftl weie ymaaOy * itnpid kind of penon. Any penon who oilendi egainit the penel Uws of the oommnnity in which he livet may be lent to prison ; whether he be osUed en offender or » criminel will depend on consideration of points that are technical. Qeneralfy ipeaking, persons conyioted of offences tgainst the person or against property are classed as criminals, while those who have transgressed against pobUc order-as in breaches of the peace, etc.— are ohMsed as offenders. ** An Act for the more effectual Pnvention of Crime " (84 k 86 Victoria, cap. 112, Mc. SO) defines the word "Crime** to mean **in Scotknd any of the Pkas of the Crown, any theft, which in respect of any aggravation, or of the amount in vaitte of tiie money, goods, or things stolen may be punished with penal servitude, any forgery, and any uttering base coin, or the possession of such com with intent to utter the same.** The Pleas of the Crown are murder, robbery, rape, and wilful fire- laising. Those who have been convicted of crime as defined by the section quoted would properly be called criminals, but it is obvious that tiie name is applied and is applicable to many who do not fall under the definition. In practice the treatment of prisoners who have been convicted of offences is the same as that of those who have been oming that their character, are. TZ whole worse than those of others. Somr^f ^ may hare committed verjr wicked crime,- bT except ma few oa«», a thorough inyes^^ of !n the attendant cireumstances nLht mo^^v im pr««ons derived fr^n the trial!lvenT^i^- of a fiendish act i, not incompatible with a d%S^ ^^eZf^'^''"^?8"^- WedonotSS^ «sume tbat a man is a bad man because he hks done M«t.^«J?'-'T *^'^ » "^"^ fo"* we are a! little entitled to judge the man by the act we condaT CRIMINAL AND CRIMINOLOGISTS ii Hie fact that a person is in prison hinders any attempt to study him. The investigator begins with a prejudice against him because of the crime he has committed. JTet it is the most common thing to hear people who have known a prisoner intimately for years say that they could not have believed he would do the thing he has done. These people are quite as fit to judge character as those who are called tei^ntific investigators, and they have better opportunitips. for doing so. They have not seen the weakness of .their friends in the form it has taken. The mvestigator usually sees nothing else. If those who come to prison for the first time were made the subject of examination, it would be found that they are principally remarkable for the absence of what the books call criminal characteristics. Prisoners differ as much from one another as people who are law-abidmg. No two are alike even among those who have committed similar offences ; and those who enter prison for the first time are not distinguish- able in appearance from members of the same social class who have not transgressed the law. That they may develop certain common characteristics as a result of their way of living is true ; and there is a criminal class in the same sense as there is a pro- fessional class or an artisan class. The criminal is bom and made just as the policeman is bom and made. See him early in his career and it is impossible to tell what he is, but when he has undergone his training it may be expected to leave its mark on him which those who know may read with more or less success. These common characters in the criminal have been laboriously sought for and recorded ; measurements have been made and tables compiled ; ratios have been calculated to decimals, and an appearance of scientific 13 THE CRIMINAL AND THE COBfMUNTIT prednon has been giTen to the itody of the oiiminal which hat led many to the aanimptioii that the wiiten muflt know more about the offender than they them- ■elvee do. Yet there are few men or women of mature years who have not known with some degree of intimacy at least one person who has sunk into the mire of vice and it may be of crime ; and one such case thoroughly known is a better basis for study of the subject than any amount of tables. It may be of importance to compare the peculiarities of habitual offenders, but it is of greater use to learn how they acquired them. As for the habitual himself, he is not really the problem. His life is seldom a long one, and even if notiiing other than is at present were done to, or for, him, he would die out in a genera- tion. I do not say that the question of what we should do with our babituals is not important, but of much more importance is the devising of means for pre- venting the wrongdoer £rom acquiring the habit and joining their ranks. A study of confirmed criminals may be interesting pathology, but it is the study of the beginner in crime that will prevent the formation of the criminal class, in so far as it affords means for enabling us to deal sanely with them. When an atrocious crime is perpetrated there is intense public interest shown in the criminal. He is examined in a distorted m'rror and his parts are magnified. The more extraordinary he is, the more monstrous he appears, the greater the sensation. Yet the ordinary men and the ordinary offences are at once the more common and the more important. Here and there a person may be bom with such a crooked disposition that it is difficult to see how he could go straight ; just as occasionally one of great wisdom enters the world, or a child with more thaxk the CRIMINAL AND CRIMINOLOOISTB 13 Qfiud number of hmdi or limbs ; but the ooouxrcnoe ii quite exoeptioDAl and it is never profitable to genw- •lisB from it. We have been reproached in this oountiy with faihire to make a soientifio study of the criminal; and the works of foreign writers have been translated for our example and emulation. They contain a certain amount of information, but its value is not apparent. The importance of a book is not to be measured by the difficulty of understanding it. Big and strange words may as easily mask an absence of useful knowledge as convey a fruitful idea, and the man who has anything of importance to say regarding his neighbour— even thouf^ that neighbour is a oriminalr-does not require a pseudo-scientific jargon in which to say it. The criminal is a man or a woman like the rest of us, and information about his head or his heels, while it may have a special value in relation to his case, should not be confounded with knowledge of himself. He is tomething more than a brain or a stomach. Either the so-called criminal characters are the cause of the man's wrongdoing, the result of it, or have nothing to do with the matter. If they are the cause of the criminal act, how is it that they are admittedly present in others who are not criminals T It would certainly simplify the work of the police if they knew that they could with any degree of safety k)ok for the perpetrator of certam kinds of crime among men with heads of a given shape ; but anyone who glances at the illustrated papers will see for him- sdf as many villainous -looking faces amoxig notable people, even among able people, as he will find m a prison. Our forefathers had a rule that when two persons were charged with the same crime and there 14 THE CRIBflNAL AND THE COMBIUNITY wii a doubt which of tiiem was guilty, the ludinr ^be ocmdamned. It i. not rtS7;iSZ?tiS 2J^ aiid govenUng ohtwe. wew at that timJ ooiwhip to crime its mere eziatenoe DrovJ^tfcfcl except the fact that it it thi^^fJ^ ^^ nii«J4««i J * X , Miore. mat m some cases to make w« on godety. i, nndoabtedly the wuT bntit a. ywy te indeed ft^ b^ y^ yjn» •**' iiiOTB are many people who an pnDand tn ny..^ •book « learns, j, it i, »iBd«„tlj^y ^J?^ *»«« fignree ananged in a tabular form TiTsL^S. wh.«^^ del ^th other «r.T.im2 ft «e ataoet mwiably mialeading ; ^ the moreiwi ttey ha,* «,oh an appe.«u,oe of exactneae. It" ^ te^y two people to count the number of meTS a lomn and to agree aa to the leeult : butaaktlT^nt^ Bay how nuuqr tdl men, how many mU wL^ZS^ how many bh«H,yed, how man/ ^t^,^ «dyou wffl get a different reault eiTttirfc your Wledge will be the reverse. If this is annamnt Lw ' T^^ »>»tter a. the record 7E3 37 1 VT^ ^^ '™' ™" •» not sufficient data on whid, to base conclusions, and then proce^ sZ^ co^usions The whole science of cEfo^ ffi « ^tt '^r'*' P""*-*"?"" P-blishSS^y as oontnbutions; for a composite is a nhnt~Ji»>i. « nobody at aU. It is obtainJdTy X, suSS ™ pbot,«»pI^ of different personsfand SB^^t from any of them. It may represent them allTTy CRIMINAL AND CRIMINOLOOISrre 15 ooglit to be, but it does not represent any of them as ^ "■• ^* ^ *•*• criminal in the abstraotr-who does not exist. It conveys in itself a warning against aveiages, for it is a pictorial presentment of an average An average is the mean of different nmnbers. In dealing with masses of people-feeding them, for mitanoe— by providing a certain average sapply for each, aU may be satisfied ; but whenever the average is applied to individuals it is misapplied, and ^ finds he has too much, another that he has too little. Messuretwomen; one is 6 ft. 8 in., the other 5 ft. 4 in • Uie average height of both is 5 ft. 6 in., which is th^ height of neither. So when we have avera^ of height weight, etc., given in the case of criminals, we know that we have been told nothing about any of them. The other physical characters of criminals in prison havg been noted without any attempt having been laade to ascertain whether, and if so when and how they were acquired, and we are invited to contemplate a number of twisted and bloated faced, many of which could easily be m-,tched among the non^niminals. Bee these men and women before debauchery has left Its mark on them and they are no uglier than some of us who are set over them. As for the assessment of the mental characters of prisoners, tiie value of it will largely depend on the abihty of the examiner to place himself in touch with ^em. Few people beKeve nowadays that by feeling the knobs on the outside of a man's head you can tS the ^ties within, far less whether these faculties ^ be used for good or iU; and we are not likely to advance the study of the criminal by founding con- clusions on the measurements of his head, facial ansle cjo The new phrenology differs from the old in re^t tnat It changes its terms and insists on more exactness «« THE CROONAL AND THB OOlOfUNnY •Muting the MtBw qwl^y, mS 2SS» «?rSL,1 "MOW pow«, fcom hi. ,pp««„^. w.m»yfcSi «^. to p»otio. w. «, .n o«,tto«ay te^ •«• by the «pw«ton, nuMt of mIS toowii»hw' tok they haw b««i «*«! rt. w. dl a^ „1^ pride. UmiMlf on hi. MUty to i.«l h nu^ ^rfP»«nt may be. in the main, JZ^ X^ toonWe. about hi. neighbour', method.! but wC thv«. erected fato a «denoe it i, time ti ,^el •nd aaymmetiy, may be meawued with a to am^ of«joo«. IW.«„i more ha. been ZJ^TZr to the future identification of indiyiduab • b^t^ tte enmmoI<^ wek to ertablidi i. that theTS whJT"'^'^- »»• f ted that Tm^n^ who hare committed crime, have head. ofT^JSS ^»^. If the* physical deviation. C^u.2 w^ to thett conduct, rinoe the head, cannot be ^«ed the cnmuMU. at. therefore outwuTXm The Church-people. on the other hand, hold tiXS CWMWAI, AND CBIMINOWGBrg „ ssTn-^ur"" •'"^ •'•••' *^ i«» 'ye, tSS mafcat iw li^ or wiong." GHAPTBR n BIBIDITT AITD OBQa IN the affort to Mdgn a gewna Mwue te orlmlMlity ^w •»g*««i» may ewity be phoed cm ^ k-u-T*^- ^°««" •»«««> who »eem to think thrt h»edity M the num oaue, but they ludy .ttemiTto define the content of the tenn. I, a mZ, l3r fa a^o»TU|e rf eveiything, bnt in that o«e it oS»t be Md to be the ea™, of one thing moie th«, rf3»r 8appo!»*»8» they .vid«oe on the X' JdS «»» « « .b«nd«oe ol ^"ti:fltr«^^.^Sr«^r±^ - «««rd ttl tom» J^?*' f"" ""Jy be nwde if we 'riUoh they ST ^ft^* *° *^ «°°""«»»« ^der to -"vive'tlT'cont^U'^rcJE^^ "*"'" «»n ae little be Qiie«f.i/.n-jT;u 1^°""* ptemaei the ordeal Ifo Z.^^^ *!.**** °^"» »Wc nnde^ ■"""ra Dy persons m a comfortable so THE ( PTMINAL AND THB OOMMUNITT poritkii aoonomloa]^ md if Mme of the ApotklM of Fitnetf had any m«^^ of hnmoiir tliey would liold tlieir tongnet tad hide themiehref, for neither inteOeo- tnaSfy nor phyrioA% do they ihow mnoh okim to praeent en ideal ttendaid. Nobody deniee that men are nneqnalfy endowed. Some have a powerfnl phyeique ; oUieri have greater inteUectual power. The niefohieiB of their endowment to themsehree and to othen :viU hugely depend on the poeition in which they are pkoed. Pat them to work anauited for them, or phuse them in poaitiona where their faoultiee are not allowed free play, and they may do very badly. The dilBctilty is to get the ri^t man in the right phMe. When he is hi the wrong pkce he may be a nuisance to himself and others ; but it does not follow that placed in another position he would not be a useful member of society. An attempt has been made to show that certahi faculties are inherited and transmitted in certain families ; but it is conveniently assumed that posiUcm is of no importance. Everybody knows that, in the professions chosen to illustrate the theory, promotion is not wholly dependent on ability. That a father and scrt have both been judges o£fers no presumption of sj^ jtl fitness on the part of the son. That high military rank has been hekl by several members of the same family need not prove any of them to be great soldiers; that the government of the State is now in the hands of one family and now in the hands of another does not show anjrthing more than that these families have been in a position to secure the offices. It would be a new and startling doctrine to assert that the man who is best fitted for a position always obtained it. Everybody knows that the main consideration in determining an appointment is whether ; HBRBOITY AND CBIICB ai ftaMiliMiiifliMiioe«ooii(litoi0tit; Mid thit faflmiioo Mtd not d0|Miid on hii panmua abOiiy, Imi oo hit pcMttion in nlalion to thoM in whoM gift the i^ipoint mmihm. Onnted equal ability in two man, fet ooo ci them atart with iamiiy or looial Mufniw and the othw with none, and there oan be no doabt aa to what win happen. That an able man will obtain infloenoe in time ia highly probable, but by the time he haa gained reoognition he is likely to be too old to benefit much by it. The stapid man who has a clever lather haa a better ohanoe than the dever man whoee father haa ihown no apedal ability. It ia a very dUfionlt thing for any man to learn the hiitory of hie family. In the oaM of the eminent 7on get no two biographiee that are alike. An enquiry wookl show that this is equally true in the case of thoae who are not eminent. A man may have one reputation inside his family oirole and quite »• difieient repuUtion outside. We are all influenced in our oonduot towards others by our opinions regarding them. A man who has pride in his ancestry will show it in his actions. There may be nothing to be proud about, but that will not prevent him playing his part. On the other hand, if he believes he has been disgraced by sometUng that has been done by some member of the family, his conduct is likely to suffer from the belief . I have seen a woman whose brother was executed for murder sink under the disgrace into a condition of recklessness ^'Wfging on insanity; and it is a matter of common observation that in some degree men have been broken m q>irit by the shame brought upon them through the action of their relatives. It is impossible to dis- criminate between the part played by inherited tendencies and social pressure, in the production of certain acts. 33 THE CRIlflNAL AND THE COMMUNITY Grime is not the result of inherited faculty, but of the direction in which that faculty is exercised. There are some families where the parents have been criminals and the sons have all done well ; while the daughters have followed in the footsteps of their parents. In these cases it is probable that the determinmg factor has been the influence of the mother. Her criminal acts and methods were more susceptible of imitation on the part of the daughters than on the part of the sons, and the girls, even though they had been willing to leave the house, would have had to face life outside under greater difficulties than the boys. The practice of singling out heredity as the cause of certain things to the exclusion of others has no sanc- tion inexperience. Our forefathers recognised that all men showed imperfections. They saw that one man was given to envy; another to lust; another to covetousness ; another to wrath ; and so on through all the deadly sins. They attributed these defects to our heritage of Original Sin. The theologian has been displaced by the scientific man, and if heredity is a newer name for our ignorance it does not fit the facts any better. We inherit all the faculties and powers which we possess, but what they are only the event shows. Nothing can be taken out of a man but what is in him, but there may be a good deal in him which is never taken out. We may develop certain faculties, but not unless they are first present ; and the stimulus that they obey at one period in our lives may fail at another. We may estimate the capabilities of a man who is dead from observation of what he has done, but we cannot say that he might not have done better or worse had his life been prolonged. In the case of great men this is recognised, and we have laments over HEBEDITY AND CRIME jj thefr early death and speouktions as to what they mic^t hare done, or regrets that they Uyed too long for their fair fame. It is the same in the case of smaS men as of great. Heredity is behind everything; not merely behind some thmgs. If it ezphuns a man*s disease, in the same sense it must also explain his antecedent health. It cannot account for one part of his life more than another. Even those who attribute disease or mis. conduct to heredity seek to cure the diseased person and to conect his bad habits. Any success with which they meet is not obtained by altering his heredity but by changing the conditions under which he ha^ been hvmg in such a way and to such an extent that He reacto favourably to the change. We are not warranted in saying of anybody that he is doomed by heredity to a life of vice or of crime. The conditioM that smt one person may not be suitable to the healthy development of another, and the problem with regard to those who transgress our kws is to ascertain under what conditions they would behave best and place them ^ere. Though their family history may be of the blackest ; though their ancestors may have been VICIOUS, It by no means foUows that it is impossible for them to be otherwise. When a man has done wrong It does not help him to be informed that he cannot do better. He is often more than willing to transfer the bhune to the shoulders of others. It is more profitable to teach and help him to do weU than to encourage him to curse his grandfather. There is only one way of finding out why people oomnUt crimes and that is by making a patient enquL meaohcase. The causes in many cases may be similar, but the part they play may be different. CHAPTEB in zvannrr and gbdoi Inaraitj and nspoiMibility— Bemoval of the iniUM from priion— Gnme nraltiiig from inmnity— OMe of theft— Of «n^Mnl«- "***»~.Qf nra-nuiiig— Inauitj and mvider chugM— The raolt of an act not aguide to the natare of the act— Obeerra- tion of Driflonen ehaiged with eertain offenoee— Inmnitr aa a leenlt of muoondact— OMea— The mentally d^actiTa— Ouai. THERE seems to be a widespread opinioii that all oriminab and o£Fenden are more or lees insane, but those who hold it have nothing to say in support of their view save that they cannot under- etand how certain crimes could be committed by any Mne person. This is to beg the whole question, which is, how many persons who are charged with committing offences are found on examination to be unsound mentally? Insanity has never been satisfactorily defined, but It 18 a term which in the legal sense connotes irrespon- sibility. Yet if all insane persons had no sense of lesponsibiKty it is difficult to iijag>ne how they could be suffered to live. Even in lunatic a^lums the great majority of the inmates can be induced to behave in such a way as to make it unnecessary to tie them up. They have a very large amount of liberty conceded to them without serious inconvenience to their neigh- bours and greatly to their own advantage. H they amiply did what any stray notion impelled them to do 24 « INSANmr AND CRIME 25 thk wonU not be pofldble. Their affliction fwei them from zeiponiibility to the law for their aotione ; but in prai tioe they haye to show by their condnot that they can and win obey the rules of the institution in which they are placed before it is safe or reasonable to let them go freely about in it. The physician does not demand from them better conduct than their mental condition warrants him in expecting; but they learn, in so far as they are capable of learning, that their own actions wiU determine the de^ to which they will be free from interference, and that the necessary result of misconduct will be increased restraint. Only in so far as they show a sense of responsibiHty is it safe to allow them to be free from supervision. A person may suffer from such a degree of mental unsoundness as will free him from respoi. sibiUty for his actions in the eyes of the law, and yet be able to conform to the rules laid down for the guidance of his life by an a8:^!um superintendent. A very small proportion of prisoners are penons of unsound mind, and in most cases the mental un- soundness is the result of their own misconduct. In Scotland there is no difficulty in freeing insane persons from prison. By section 6 of the Criminal and Dangerous Lunatics (Scothmd) Amendment Act 1871, it is provided that "When in relation to any person confined in a local prison in terms of the Prisons (Scotland) Administration Act, 1860, it is certified on soul and conscience by two medical persons that they have visited and examined such prisoner, and that in their opinion he is insane, it shall be lawful for the sheriff, on summary application at the instance of the adnmiistratorB of such Prison, by a warrant under his hand, to order such prisoner to be removed to a lunatic asylum." The matter practicaUy rests with 26 THE CBIMINAL AND THE COMMUNITY tta prifcm inrgeon, for the piiwm oommiadoiien on nw report never raise any objection to the transfer w a oonvioted prisoner niHho is found to be insane. Yet the same persons return again and yet again. The warrant for detention in an asyhun expires with the period of the sentence of imprisonment, and the aqrhim authorities must obtain new certificates befoie ttiey can contmue to keep the patient. When the oBgree and kind of mental unsoundness is very marked there is no difficulty in getting the necessary docu- ments; but when the patient has been benefited to the extent of being able to behave and speak no worse than many of his feUow-criminals, it is different. He IS sent for examination to a man who is not acquainted with him. The doctor has to state facts observed by himself as a ground for certification • quite properly he is not permitted to ensure the deten- taon of anybody on evidence that is second-hand. iJie patient is quiet and on his guard, and his examiner can make nothing of him. Accordingly he goes back to his haunts and his vices, impatient of restraint, iuttd IS soon in the hands of the poKce again. Clearly there is need of some modification in the kw or its «^mini8tration to permit of such persons being dealt Insane offenders may be divided into two classes : those whose wrongdoing is the result of their msanity • and those who have been sound enough to begin with! but who have become insane, just as they have con- waotea physical diseases, as a result of vicious indul- gence and its treatment. Of the first-named class there may be one in about a thousand admissions. The OTimes charged are of aU kinds and degrees of gravily, as the following examples will show :— X 1.— A man is brought to prison for the first time INSANITY AND CRIMB 97 charged with a •eiies of petty thefts oommitted while under the influenoe of drink. He shows signs of atooholism, and is too dased to give any aoconnt ofhimseH. In a day or two the aloohoKcitymptoms nave passed off and his general condition suggests enquiry. He has signs of mental disease which cannot now be confused with drink. It is found that, until a year before, he had been in business in an industrial town ; that he had been a reputable citizen, quiet, peaceable, and abstemious in his habits; that he began to take to drink, and sold off^his business, which realised several thousand pounds ; and that he had since been lost to the knowledge of his friends. What happened in the interval I do not know. He was taken in charge by the police for stealing glasses from a public-house, weights from a shop-counter, and such-like things, which were certainly of no use to him and which he could not sell. The charge was dropped and he was sent to a lunatic asylum. ^ 2.— A young man is imprisoned on a charge of fire-raising. He is brisk, talkative, and cheerful, and laughs at the charge as ridiculous. Beyond showing a high appreciation of his own qualities he does not do or say anything to attract attention, and as K a really " bright " his conceit only provokes a smile. He has no physical symptoms of brain disease, and it is not suggested on his behalf that he is mentaUy unsound. A decent workman who was interested in him called to say how weU-behaved he had always been, and to ascertain what ought to be done by way of assisting his defence; and some things he said suggested the need for special enquiry. It was found that prisoner had always been energetic and bright at his work, and that he had good reason for boasting of his skill. His feUow-workers admitted that, though i t sS THE CRIMINAL AND THE COM MUNITY ^^ diMpptored of hit boonoe. He hud been m *t*to*d«r dl Wi life and WM • prominant mw^ ft mOitaiii tompsnooe Kwiety. He wm vwy indn*. titoui and thrifty. He married • quiet, jwmtoble girl who iharedhiaqpinions and ideals. Hehadiavedamne moD^ and he raddenly made np hif mind to start in bnshMSB for himself . His wife did not approve of his domg to. as she did not like the risk and was quite extent to go on in their aoonstomed ways. He per- n»ted. and she yielded the point, but only when^ saw her opposition was causing domestic strife. He wnted a small workshop and furnished it. He sot as much work as he could undertrJse— not a great •mount-but before he had time to see how his venture would prosper, he conceived the idea of removing to a linger house. His wife was unable to see how he 00^ safely do this, as she did not think he had money tufficient to Justify such a course. Her opposition only made hmi more insistent, and on one occasion 1 ^™,*«™P«' "0 completely that she became atoned. He threatened to kill her, and looked as ^u^he meant it. When she spoke to him about ^ flffT?' ,^* apologised and laughed it off; Z^M l"" 5»d always been a most affectionate and dutiful husband she dropped the subject. Things went on as before tiU one day there was a fire inIS wortahop. It was not got under till some damaoe wss done, and it might have resulted in seriousloss of Me and property, as there were dwellmg-houses adjoining. It was quite obviously the wwk of an moendiary, and he was arrested on a charge of fire- lauBng, as he could give no satisfactory account of his movements. On ck)ser investigation it became S««^!!?*^t *?t* 5' ^*« * P^^ «* «~«^d mind. Little things that had passed as pecuKarities, receiving INSANITY AND CRIME 19 only a pawin g oomment, whan dovetailed into the ■tory as I have rekted it left no room for doubt. The charge was dropped, he was lent to an a^lum, and there he died two years later from general paralysis of the insane. In his case his fellow-workmen, seeing him from day to day, failed to observe more than a slight accentuation of the qualities they had been accustomed to see in him. He talked a k>t about what he could do ; he always did that. He offered to make certain articles for a man better than any other could; very likely he was able. He started business on an altogether inadequate capital ; others have done the same thing. He wanted to set up in a higher style of living ; he was always ambitious— and so on. Until he set fire to his workshop they had never known him do anything inconsistent with his character, and while they laughed at his boasting they did not doubt his sanity. It was the same with his wife. She distrusted his judgment but did not doubt his sanity. His sudden murderous threat she put down to his temper. His temper she attributed to his want of sleep ; for she admitted that he got up at night, and worked or moved about. On one occasion, she confessed, he had proposed that he should cut her throat and his own. He was quite quiet at the time and she thought it an ugly kind of joke, as he woke her to make the proposal ; but she explained it to herself on the ground of over- work and sleeplessness. Those who are coming most in contact with persons a£aioted like this man are the last to see the significance of the changes taking place before them, because the transition is so gradual. This is true of people in all social classes. X 3 was a professional man in a very good line of business. Late in life he was arrested on a charge •^1 30 TUB CaiMWAL AND THE OOlflfCNITT ^J^^«lfag Uig» ir M of money. Whenl«wlitai OMbe had • ptaiyOt o( the miuok* of one hand «* arttenlato owing to pmlyrie of the moMlee of *>>^J««>l»ni«n of tpeech. He put or un.«^ S^*"?" to i«Wi«. anqniiy dK^ that f^lSv y«» be had been mnoh nwpeoted and tni.ted.lK had unaaNd a oontidemble tortone. and had been np^t and honeat in hi. dealing, with othen. He mThni^'^'^ and tayt »p a laige ertablfahnwnt. Hi. biidM. wa. one which dealt in huge nun, of """"y. Some yean before hi. arrert he married for thejjecond tune, md there wa. trouble between hi. •»oond wJe «d hi. family by her predecMor. He V ^^.^ "^ open-handed man, bnt latterly h» pubho pft. h^ excited comment by their nS •nd character. Hi. mental condition, however, wa. n^ «»pecl»d by hi. family. They a»»med to •bUity to afford anything he chose to buy. Hi. wife Wt Inm as a »snlt of hi. conduct to her i.d in doubj - to hi. .«aty, but the» doubt, were not diued ^^,^- She «aid he had become caprWou. and wmebme, orrol to her, and quit, differed from hMMdniary«K. He wouM sometimes bring in pared. ot cosUy jeweflery for which there wae^ne^Tto Wft!!^ ^^ bfowne frightened to .tay with him: but though die feared he might injure her, a, he .e«ned tt.h. '^. ' ''*^« *» ^- *• "O'er "^^ ttrt he w«i tattering away his substance. wSTSe o~h c«ne It was found that he h«l within a shOT? penod thrown away tens of thousands of his owT S^^-J^^^^ging to other, who had trusted hS' Hs had bought and sold property in a redden wTvT^ lum to do thmgs which in another would hayTb^ INSANITY AND CRIlfE 31 jn«««oiijd. He WM itnt to an •tyhim. In hit oMe the pM«^yrii fcom which lie roiliwd, gnidi^ taiti OMet. had attnoted attention to itielf and had !?^ T!?^ ?^ »«»tal condition which acoom- PmW or followed it. ^^ Thaw aie Mme Crimea iHiich in themielyea ahock w to such an extent that we find it difficult to believe that any lane man would commit them. In a book ro J ai ^ I can only lete to certain lexnal oflencee without THE CRIMINAL AND THB OOM MUNIIY doing to if il it given them. Th^ may be told they hATe nothing to do with rerahe ; that their dntiy k tofiDdATefdiotontheeWdenoe; but they ndifat ea w^D bo told to pun the bdt. Th^ know iSZTwin happen. Th^ do not leem to belieye that th^ aie not le^ondble lor the neoeiMiy oonM^aenoe of their •*"•» «dfa epite of the aeeuranoe of the kw the ▼ewHot faa wowy to them. Few homioidee aie hanged in Sootland, and there aie lew Terdiota of mnider, mafaily for tiiii iea«jn. If the death penalty were abciSed —ifit were even made onty a poeiible penalty— brutal murden would have a chance of being called bv that name and not by" Culpable Homidde!" For a time it was ahnost a matter of routine to let up a defmce of insanity in murder cases where the lacts couW not be seriously contested. Now hi most Mwults there is an element of accident. Theassaiknt JjJ™»';*»*«<>'»ge and hits out wildly. Theblowthat wffl Mil oue man may only stun another. Blows toffioted on one part of the body may cause Httle more ^ inwmvenience, but if the same amount of violenoe be applied to another part death may result. I have knoira cases where as a result of assault the victim •eemed to have sustained injuries sufficient to kffl hto, evw though he had the nine lives sometimes attributed to a cat, and yet he recovered-4naimed and pwinanently unfitted to support himself. That was not murder; in some respects it was worse ; but there was no attempt to prove the assaihuit insane. If deato had ended the suffering of the victim there would have been a plea of insanity set up. The det^mmmg factor in the plea was thus the physical condition of the assailed, not the mental conation of the assailant. In Glasgow special care is taken in aU cases of ■w«4« tojnqriw into the gi«tai ooodttfan of tbo w«*«5%J» Aow«d ligM of iMMiity, the i^edkd "2^»' f» t*own : Md •» the trUI the aeo.J« 2«tad»w th.t he i. ln««e. OW. i, tme fa otto flwa totem. the pri«n mithoriti., of MyiuSK "to the primer., „«trf ,^4^ «dMta*te! jnwrt. a.I»p„t.beftwthejndg,«,ttSemLt ^t S^±5" " to the hJL JrSZ I»«nity may be » n^ •• weU •« » oum of mi^ ooaduot. AIilerfrften»teto.JJX^r;^>^ ^SlT^t^tr" '^ *»^ «1 fato «faSS mS!!SiJT *" fr»« My ewpioioii of fatuity «^J^ s^ "f^ *•*»''*«•«»»«»<»« i, th.t •owM^ of them do not become mad l..fi ** '.'** »* *•» Ubonrfag dM. She tn. 34 THB CRIMIWAL AND THZ OOMllUNmr pfino, wImn hm bdi»Tloar wm btjond npiOMlL 8lM did th* wofk raqnirad of hw and wm alimyi •wmirUmptnd and ofd«^. 8h» look lo drinUDf mllMr hMifOj, and dning on* inqpriMiuiMiil bad • bod ftltMk of daUrinm tramiiii, from wliioh Om lo- ooTored onty to liUl into ft oonditkMi of domtiitiA whioh nmiiiiis Mid, thoai^ it hM beoomo bii mwlnd, Imtw Imt unfit to talw oan of hflVMlf . HarimHiitj it tho diiMt nmilt of h«r exoenet. X6 got into bad oomiMUij and waa anoooiaged ratber tban comoted by bar motbar, wbo found bar profit in bar daii|^tar*a miidaada. 8ba kft bar wori[ bat did not taka baavily to drink, and by and 1^ oama to priion obarged witb tbaft. Sba oontraotad diaaaaa in tba oonna of bar miioondiiot and bagan to taka flti. Sba gradnaUy baoama wona, aa tba gava bataalf no obanoa of raooraiy and nagfeetad treatment nben at Uberty. Sba waa in priioa for ibort periodi daring two yaan and finally baoama iniana and diad. Wbcn firet I law bar iba waa free from any mental or pbyiioal infinnity. Ear diaaaea and daatb waia tba dbaot reaolt of bar way of liying. X6 bad alwaya been a wild and nnoontroUable kd. Ha antared tba army and waa aoon found to be ona of tba bad bargaina. Ha waa nltimi^ diaobaigad. Ha got into a kwleec eet in Glaegow and piokad vp a living, eomatimaa boneatl|y, eomatimaa otbarwiia. Ha anffered impriaonment on eevaral occaaionB and waa alwaya a tnmbleaoma man to deal with. Gradually ba diowed dahiiionB of auapioion and bad attaoka ofviolenoe; and finally ba bad to be dealt with aa a criminal lonatio. In hia caae there waa from tba baginning a condition of mental inatability, which ahowad itself in hia reatleaaneaa and impatience of reatraint. It uifitted him for a aokUer*a life, and the INBANnT AND GRDIB 3f ng as interest in her is sustained, nor to cost much hi money to those who are looking after her. X 9 is a lad who has got out of parental control and seeks adventures. He answers questions intelligently, if somewhat insolently, and so far as a merely pro- fessional examination would show is not defective m«nta%. He is to all appearance simply a bad boy. Observation of his conduct in prison and enquiry outside, show the mental defect behind it. He has recurrent outbursts of temper without apparent cause, and while showing no sign of confused intelli- gence, he proceeds to smash things. He has been in prison for malicious mischief and for offences against decency as wen as for theft. He is not given to drink, but is beginnmg to mdulge when he can get a chance! He works intermittently, but cannot stay at anything for more than a short period. He was chaiged with housebreaking, but on a report from prison as to his INSANITY AND CRIlfE 39- BMiital condition be was certified ae insane and was kept in an a^hun for about a year. He bad improyed so mncb in conduct tbat be was disobaiged, but tbe njdical saperintendent expressed tbe opinion tbat kft to bimseU be would probably break back ; and be did ; resnmbig bis old practices witbin a abort period of bis liberation. He can do well enough under proper conditions, but is unfit to look after bimself . X 10 is a young woman wbo is strongly built and of a pleasant manner and appearance. Sbe bas been a domestic servant, but falling into bad company bas jpven up work. At first sbe only appeared to be " soft " a little, but drink and excess have contributed to cause or to sbow— for in ber case it is difficult to say wbiob— mental deficiency. She is quiet and weU- behaved in prison, and is of fair inteffigence, but on Uberation she resorts to the lowest haunts and indulges in such excesses that when brought back to prison she is in terror of death, she feels so iU. She was induced to place herself under control for a time, and she did well, working hard and cheerfully ; but she returned to the city and resumed her old courses. An wbo know her recognise that she " has a want," but the defect is so slight that there is no possibiHty of baying her dealt with for it, as the laws at present only enable her to be punished for its results. Unless her excesses produce some marked degeneration— and, as she is reported to be having " fits " occasionally, that seems probabfe— aU that can be done for ber is to attest and imprison ber when she offends. When she is a wreck she will receive the kind of treatment and the guardianship that might save her were it possible to give it now. Just as some prisoners become insane as a result of their criminal and vicious life, some undergo mental 40 THE aUMINAL AND TBB OOMMUNUT rtunn fhjtiaal dtfeeti b^t ■jmpathy^Bucly indnoi erime—lIaT flMM nMntel d^goMmtioa— CiMe of JMbtuj tad miudtr. JUST M lome degree of mental defioiency is not inoompatibfe with the abiUty to Uto a peMeabk and wefal life, physioal defecte do not neoetMiily unfit a man to diwdiarge his duties as a dtiaen. In either case the sphere of his nsefnhiess is limited, but that is aU that oan be said. Much will depend on his ■ooial position. When a person who is physioally defectiTe UJOm mto STil courses, it appears likely that he should find it more difficult to return to the ri{^t path than one who is healthy and complete in all his parts; but this eipi»c >tion leayes out of account the fact that the more p«i.«*ble and abandoned a man is the more does his condition appeal to the charitable. His very he^lessness attracts attention and begets for him a consideration not given to those who are stronger ; and if he will but place himself in their hands, there are many willing to look after the lost sheep whose c(»idition is so pitiable. In some respects, and as tWngi are at present, there is less need for anyone who suffers from physical disability taking to crime than for an ordinary citisen ; for the law provides for 41 49 THE CRnaNAL AND THE COlfMUNmr btandhig. Yet we are aometimee treated to the leaolt of hiveatigationa by people who have had no training, and who in a marvelbaaly abort time can obtain vohiminoaa and atriking information ; how maoh it ia worth ia another qoeation. 1^ to get by qaeation and anawer a abort record of the antecedents of any of yoor frienda, and yoa will find that it cannot be done in a lew minatea, that it will not be free from inaocoiaoiea, and that it THB STUDY OP THB OUIIINAL 47 wffl nqniM AiplHiAtioo biloM yon vndintaad it M tlMj woiiU ]lk». Tb oMda Moh InfofBuilioii from » tlniifHr if A mora cUflioiih tMk. JL^Zl^^J^ ^ •dvwtHi. to bo fMBoa an wonli too effort to CToroome the cUfloohitf HftTiiig obtdnod hii itatomMit, it ndght form tho iMiif ol an onqiiiiy into his OMO and on «ttomi»t to hob him on hif diMdiorga. Hiara aia low man who ha^o not aoma frienda who an paraona of goodwiU. Thar may !?J^r*' " employara, or faliow-workman ; bat thair wiU may be greater than their power. Their patienoe may haye been tried to tL. limH of endnranoa or th^ intereat may h*Te become languid; bat if tt^ WiU not or cannot help, th^ can at leaat ten what they have done and prerent a repetition of the treat- njnt that haa failed. Theie are veiy many people ]^ woold never dream of joining a aooiaty for aiding PMonen, bat who wiU willing!^ aMiat in hdpbg a Pjraon whom they have known in hia better daya. Hw aodetiea have their aae, bat that ia no reaaon why a man*a faDowa ahoold not be enliated in Ua aid * tboogh they have no intereat in the general gueatioii' thjy may take an intereat in the ipecial caae. In th^ attempt it will be found that, even thoo^ the efforta madeto help a given priaoner ahoaW fail, a knowledge haa been gained of the eziatenoe of conditiooa that lavoor iU-doing. ^^ ^^ Every ofidal knowi that in a great dty there are occaaiona of miaoondaot which the ord^aiy dtiaen doea not soapect. Such knowledge, ao bng aa it ia wmtoed to oiBoiab,i8 comparatively aterile. They may 2J»k, but aome other matter diatiaota public attention bafare It haa been focumed long enou^ on the Bubject todoanygood. At moat they may get further powera to do for the dtiiena thinp which the oitaaena cook! 4t TBI GUmNAL AND THB OttllfmnY iig UH» do far thiMwIfii. TUkoldoMloftaMi who li 0»aiioffliblt is oMmi €i4r mk, tail in ki» lo ttfo iB llMm ami tbo titol is difM^ blhoMM woj, if jott MB, Unoiiii Idt ptiMMa intmillB ft MB, fil aaolhw to MaflrfBt iBto Iho oMtM ol Mi wni«. dolBf ; to fo ofw tho prooad lor hfmuH ; to «• tbo FfOMM oBd tiM BMBt ol 1^1 dtgndidioB ; tkoft moB will Bott liow BMQj oeBtrioBi of oAmmo oiiit thai miglit bo nmowd, OBd if oaJly for tlM Miity of hii owB JiBd^y vifl giro ■■ i t t i n pi ia i MBOf ii^ Hk&m, laMmUBj oad iB piooMi of tiaM o kmt mtm of inionBotioa ngMding the hirtoiy of ociniBoli tad ofbBden woold bo oollMtad, oad MBio iiBHBliMtioBo of iaqportOBoe Blight bo Biadt. Al pntaa* thoM who fnwiOiio do to withooi oay foch oonfol fto^jr of the pcnoBS idioBi they deol with M thot I loooBUBmd. IW dzteca yaon I hoTo hem looUag lor the oiiadir of the book! oad I hoTO aot Biet him. The ofiMider iNBiliar to Bie ie aot o type, bnt • biob or o wonaa; oad wo ■hoO ae?«r kaow aor deeorfo to kaow hha tin wo 010 ooeteat to itody him, aot oo the aotanUit itodieo • beotk, bat •• o moa otodieo hfa aeii^iboBr. PART n COMMON FAOTOBS IN THE CAUBAXiON OFGRIMB CHAPTER I oBstnL AVD osna Dr ink oomm on^y. aecwdited with the prodaetion of erinM-lfinAr luiktal defect behind the drankenne« ^Tm^TomSl^ZZ l^tou. nU«hirf /md^theft^^JHto U^SLi^'K SSSSrS SS?1?¥ drink-lTiefti fit»?AedrInk^ ^S2L!L®S~ »?* in nrtio to amotint of drinkSain « SPhTSSf i2.f?*^* •!«* from erime, in t£rSSn£- THOUGH the differences unong priwnen in antecedents and faculties must be taken into •oowmt if they are to be tnwted in a rational manner, there are factors which are common to the causation of crime in many cases. Their influence m»v ▼aa^in strength, but it cannot be disiegarded. Dnnk is denounced-^and consumed— by aU classes. There are many who attribute aU evils to ito use, and some of ttese take the logical course and adv^te tibeprohiWtton of its manufacture and «le. SS» mato the l^jHiry an excuse for doing nothin^g to remedy ^^^aT^'^T'' '°' "y«« n^er «2'stor^ ZT ^"^^ and if drink be the cauie of social Any theory of the causation of evU Will be fashionable $2 tn catiONAL AND rat ooionjNrrr •mtm an exoiiM lor doii« nothing mm imMmomm tiiMj^vtag good adiioe to the p«wr olMwfc Sitek hMbtooght miMry and degndfttioB OB BMT, tteooA ttiiir own todiOgenoe or that ol tho» on irtiom iS^ h»Te bem dependnt ; if it dot. not «mi», ft i, oifcen •n aopAystion of povorty; and it it with no widi to minimis iti iU «liMti that I piotiit J^^ prating tham. Our aooial trooblea aw noTISioSE to aiyr one oaw», and it ii not profitahia to Arfa ont a partioidar vioe and plaee aU avil to ftaaMowt- nor ii the praotioe mon iaudahk when the rim k not one to which we are onnelrea indined. By d »•«■ let temperance be tau^t and i%iwIiiiiimim l«^o«u^;thi.tc^ ■earoh for the oaam of inteo^eranoe. Oie of the statements most freqnenUy made is ^t the great majority of crimes are dne to «* It would be more aoom»te to si^ that most priaoiMa' were nnder the influence of drii^ at the time Aev oomnutted the breach of the law for which th^ h^ b^convicted Hie great majority are petty o£i3^ ^ be reduced by more than a half . TheyhaTebain dnmk «d incapable of taking oaie of'tlS^ er^ ha^ co«nitted a b«aoh of the p««r^^ JM!^. ™y of them are regukr customsis and ret«n ii^andipin in tiM, course of the year. Whetiisr •^deahng wisely with them w« bear discu-ST thettcUNK AND CRim b^thk is wthar a panoma thMi • pttbHo . V" *"^ *^y "wdl our ptiMii Ttntirticu and yb urdi on the ozoheqiier. That they ■hoaU be ■*"■* J|P ^"'^•k orimiiMUs if no advantage eitiier to na ortotiMn. 1^ oauae of tlieir oonTiotion is drink : l!I!L J?? "•*"'°' *^'*'*™" «*■*•»*««* to add ttefe n mnbi to thow of criminals who have oom- ■ ■y cri mss agamst the person or against property. . ^■™"' MNnrt the person are genmlly oonunitted ^pnple under the inflnenoe (rf drinlc, or on persons ii» — hitoiieated. A man takes Mqnor to get out of hnMelf. and is then in a condition to do or say things from whioh he wonW refadn if sober. Someara not mqnoyed in temper as a rssolt of their drinking, Man more ptaao to quarrel and less able to control tMr passkm. It is commonly observed that a man •an and does develop a double personafity, showing «!• let of oharaoteristios when sober and another whsn m wier the influence of drink. In both states he woeives imp r nss kms , and his aotkms when sober Jo^Aat the impnbee which direct his acts are *f"*f t fro m those whwh dominate him when he is |"tji*Mrtsd. Just as his sober self is forgotten when he 11*01^ his drunken self is forgotten iHien he is •obs»-notjdMrfly, it may be, but in part. Beseems moro n^r to rraiember violence snflraed than vioiflDoe^flicted by him. Imprsssions received m OM o(»i^ tend to be revived when the person is agakifathatconditicm. If when he gets quarrelsome i«d hits out he finds he has struck one who will strike 2J«^^^gw«»lly gets out of the way and avoids »^^jrr foam that Und of pnson on a subsequent ooMdon. Just as he learns to keep cfear cTknia. ■iMrt of steflring yitta d lylariy when the oiUpiit wa. mid« the m««ot in a JongHbawn-ont martyidom. to ^her oaMa men iHio are onfinarilr rrnniifclii 5!?i.*T^^ » P*«i ohwpd with mmSTZ ■nddmj««ion that ha. twi^ their mmda whmA^ 1"^ ^to>iiiM. Otl«7b«»ome^ ^^ ^ they tAe tWnk th«t they are n.1 ^y MB » * Mw and do not Mim to ■ <^ pt iMHl or net. hk thair n^. „i,i ^ •^ ^ww oeauBon-— ^ ja net Ihe ImI ei ^ m battle tiuit etk»ilHa^ aad wmm iJ^yaeraA ae ti-r #wi, j^^aeliliet a fiwm repei^ig tiMir eoflinet ol-i of aeMlte i. «.* eo^tlad m vlK>arenndertbeniflii«Me«f , ^ ^ M M o o ndBc t have yiTrTnilwi 22 tw ^vely few, and tiie •«« » «|,^ ^ hn«m character or m renew m fm^^Sal ®«*^oo^y It may end tragical. Xlfwaia^SE "•' ^'1^ married a girf of reiq>ectafaie nharaotui wwa both aober and induttriooa. Oie had beaii m • &rto^ before her marriage and had T«y DRINK AND CRIMS |} BMb pnetieal nptakoot of hooMkeeping. Sha wm m^ MMstomed to hooidiold natiafb, and m h« Insbaad did not fat homo for hia maab iha had a lot of tima on liar hands. Har honaa was in a diflerant part of tha dty fiom that of her pannta, and aha had to maha friands lor herself. Unfortunate^ she got into the oompanj of aoma who gosriped together and moistened the tdc with drink. At fiM she abstafaied, bat by and by ste beg^ to do like the rest ; and nnUke them ska oonld not oantrol hesaelf . She showed a tendeney to excess which they triad to discourage for their own sakes as waU aa kers. Hit hosband discovered har nUsoondnot, and in oi^v to break her of it removed to another district, ibratima she did waB, and her rekktiTes helped her. But again she drifted in her search for company into that ol thoaa who took the "social i^." It is wonderM how a wranan when ska haa onee taken to drink finds a diiBoolty in making Msndships with other women lAo haae not done so, mdess ske beeomss a mifitant In the preaent inatance the ymmg wife -'^'m relapse over a series of years, and hsr to haiva dime all in his power to save two chfldien, and when sober she •deqMktely; but har fits of drinking aa fraqnantly.and in them die became After one, in which she had soU out aniline and diaappeared, she retvned pemit and he set up house again with her. Shek^ ■oberf OT so«» waska, they were getting tWi^pi togeUier, ™^ ^^ trusting hn witii some money. One Monday afwing he wi^ home finmi his w<»k to find ftehowe partial^ stripped, the chikizen negleeted, < ^, a nd intaaia, mwi hki wis in a daaed c'r*"k»»<*«'- H«yofti«rh2nS« oonTiotjd of theft in con«qn«i of ^ XhT h. wouM a. a r*Btt haw bwn rtniok off the^SSr Md be«Q pwTonted from entering the pratMrimtor whtoh he w«. training. A ^i:^ CTS^ mboUrf woaMhaT.no «d, gray r^oh. aTcS? •2*B0. to ^te aa ajriooi in the oa«. of a hbowta, lor hto proqieote o« hooaet eo^doymmt that ho^mS nee Been ttieft it to anoth« itoiy. fcjtaatiao. «• »o* wanted-nor thieve. ; m,d tin dog^S tito iS ««• may Mt about in despair to de.«v. it, beeomfag DRINK AND CRIlfB f9 aiMniil to tb* fMiki of the prnftiwionil fltiiiifaiali. In Meh OMM tiM muk% downbSk mtij be e^rilrated to drink ; bat be might rmmmMy Atteoh Mme of the blame to oar itapiditj in deeUng with him. ^pert from thoie who eie led into iportiTe acie whn they aie in Uqoor, theie eie tome irfio take to theft pare and limpfe. X 18 wae a moat nqpeotaUe man aboot thirty yean of age. He wae hooeet and faidaatrioaB, and except that he oocaaioDalty gave way to intenqperanoe he appealed to haTO no laaHa or foOiee. He wae not veiy fond of company, and after hie work wae done he epent moat of hie time at home in hie kidgingi, where he had the ropatation of befaig a qaiet, peaoeeble, and eomewhat etodioaa man. He wae arreeted one night wlien onder the it^fl^fffliftt of drink, hi po eeee ei on of property which had been etolen hy him. On hie room bdng aearohed the proceeda of aereral thefte were f oand, and the remaina of artiolea whksh had been etolen and partially deetroyed. It beeame ^yparent that he had been leeponiible for mite a namber of thefte from pabho phMwe daring the two preoedfag yeare. ffie etoiy wae that he had aoreooDeetionofeteaing; andentheSandaymomhig after hie flnl tfMft he WM knrifled to find a bag cen- t e in^ Bi ti ul ee of nh i Hii ii g m hie room. He aaeertained hia laaAa^ thet he had brooi^t it home the aad he leld her eome eloiy to exphia He made no attend to eell the property, bat deetnyed it in detafl. He kept off drink for e time, bat laUfaig in with eome oki frienda one night, he took too maeh and again he etole. It peeyed on hia mind to each an extent that he went ea a qnee, with the aame reeoH. He eoold tell aebotfy of hie troaU^ •nd^hegothito ri ii p i h fegandreddeeemoodeinwiikh be iiw to dMk, aeaily alwaye retaining with * TO csniwAi. AND Tin oMoromrr nn— I '""*" *■•■ •o*«r, and hk am fa ■■ «.. xaa mart teouUeioae etimiiiid to tho* «!«-. A.4_ k»fBtoi«*MJrSLC«l,?2ST' •**»• **• aaiJiL^ ■'•wm^ cue wofw of drink, lor thm^ «mmu i^ ■•«t b© a teetoStt^in^' . Not that the thfaf »V oe foimd ptoving the oontm^ k!^^ ^ •*wi to drink durtM bnL«^?^ ' buthooMmot b«Ahaj;.S^^^ f thajWnk. . HUME AND dim ii will oMiiB MB* qromatlnr wUok mmr miiiriilfai ^•l^lMMOl: "IfttlllldllftbWBllltdlSlw bMiilMn.'* BiilitkialwtnMthftllitliMiiol Ikm •!• mMqr tlMte h» bM oonailtod and MM^ Mptan. Oontiiiiie the tnqiiiiy and H it foaad thai wlia* be mMiM it ihikl if ht liad not obMand liit Jiidg. mtiit with drink he would not havt altompttd tbt Job lit vndtvlook ; or bt would bavt knyt a beMtr kMk-oat baiora ba did taka H fai band. Ha it nol atbiaf baoanta of tba drink, bat a tbiaf wbo it oaiigbt baoanta ba bat batn intamptvata. Tba drink in Ibit oata bat not ptorad an a47 to orima, but an anziliaiy of tbapoUoa; it bat not oantad tba tbaft, bat baa tnaUad tba tbiaf to ba oao^t. In many eaatt, bowarar, it attittt tba prolettkMial orimbial; lor tba intosksatad man ia an aatier pray tobtoAantbatobtrdti«tt. HaoanbaattitttdlSli by willing bandt tbat wiU go tbioagb bit pookatt idtb lUn on tba load. Ha cMm ba hnad kito doit tbat whan tobtr ba woald avoid, and thaia ba lobbad at Wrata and with Mttki ritk. Ha may arm ba laliaTad w bit proparty without any pratanoa of frimdlineta, with imall ohanoa of hit offering eHective latittanoa or oaotkig a hot panoit. In aU theee waya he affoidt ^portunity to the thief, and to the extent that the mk plaoea him in thit condition it ia a oaota of orime. Itappeawthen: (1) that the great matt of pritoneia were onder the influence of drink at the Ume they committed the offence for which they have bem ooimoted; (2) that of thete the "crime" of the majonty ig draak^iMat, or some petty offence MouinoN ran omit (ANSI ond no TEST CHART No. 2) 1.0 ]jM 125 S 12ft 140 lii |L8 L4_ 11.6 ^ (7t«)aH-gM»-r«i 62 THE CRIIONAL AND THE COMBfUNITY wrolting therefrom ; (3) that nearly aU the oriinea a^t the person are oommitted by, or upon, people who were intoxioated at the time ; (4) that mimy off ences against property are partly the result of drink ; (5) ttiat the majority of crimes against property aie not due to drunkenness on the part of the criminal. But the amount of crime in Scothind is not in proportion to the amount of drinking in any district rhe consumption of drink is not confined to ou^ cities and towns, and excessive mdulgence sometimes takes place on the part of people who live in the country, yet no considerable proportion of our prison population comes from the courts of country districts or of small towns. The vice may be present without issuing in omne, though the drink itself has the same^ect on the drinker whether he be living in the town or m tne country. In the country and in small towns, where the poputotion IS stable and where people are not packed together, they have opportunities each of knowing his neighbour, and they take some interest in one another. Indeed, one often hears complaints of v^rs taking too much interest in their neighbours' affaurs. If a man drink more than he can carry, there 18 usuaUy someone about who wiU see him home • or at worst he finds rest until he recovers, without the necessity of interference of an official kind. In the town, although a man may have friends who would be wJbng to look after him, he is separated from them, not by green fields, but by rows of tenements and multitudes of passers-by who have no personal interest m or knowledge of him ; and if he lie down he obstructs the traffic and has to be taken in charge. He need not be any more drunk than the man in the country, but he IS a greater public nuisance. VL:- -- — - DRINK AND CRIBIE 63 U In the country if a man have his evil paauons Btiiied or inflamed by drink and seek to indulge them, friendly hands restrain him from doing the injury he mij^t otherwise do, and the crime which has been conceived may never be executed; but in the city a man may, and sometimes does, brutally assault and even slay another person, while people are living above, below, and on each side of him ; and no one troubles to look in and ascertain what is going on. Men do not know their neighbours and do not care to interfere in the affairs of strangers. They have learnt to attend to their own business and to leave other things to their paid officials. The officials like- wise attend to their business ; and the prison cells are filled with men and women who have taken liquor to excess and have had no friendly hand to assist them or to keep them out of mischief. In the absence of this restraint and help, crime is just as likely to result from excessive drinking in the country as in the town. There is another difference in favour of the country toper that is worth noting. The man who sells him the drink is usually a member of the community in which he lives, and he cannot afford persistently to outrage the sentiments of those among whom his lot is cast. He will not find it to his comfort to obtain the bad opinion of his neighbours ; and if he get the name of filling his customers full he may run the risk of losing his license. It is not to his interest to disregard the welfare of his patrons even were he so inclined. Each district has its own standard of what is fair and allowable, and no publican can safely continue to fall below it. In the large towns the licenses are not usually held by men who live in the district. Many of them are in few hands. The licensee is repre- 64 THE CRIMINAL AND THE OOMIfUNITr •rated by bannen who have . most hamdng nd euotwg tuu; who work long h»o» for wZi that •»»fckm, what oo»H be oalbd high ; who arOSs^ •dtog drmk to men the majorily^f whom theyTS^ }«»w; md who are expected while keepini within ^mK«, m tlie dfatriot c«. only toneh the pnblio« »h» flnanouJ ride; «.d then only by a cLapaZ dneoted to emrare regulations that are «mietinSi Z-t„ff w{ "• '"""o"". «nd that attack indi.- onmmately the man who is reaUy trying to conduct h» bn,nM« m a reajonable way and S whose only 0^ IS to get as much out of it as he can. But not only is there drinking in the country as wen as m the town. There is no district of ZZZ that has a monopoly of temperance. There are f3 pubho-houses in the wealthier than in thrp3 d^tocto but there are more private cellar, C u no bigger proportion of teetotalers among men who have money than among men with none ; Sd bu«n« Jabonrers There is a difference in their methods of oommmption the one judiciously mixing his pobZZ ofW. T r***" •"* **<** 8** '^yond the stZ of bemg quite dear in the head, the wilthier manZ the means of getting home quietly, and there n^^ scandal and no arrest. Though there may be as much d^fang m the district in which he Uves « in" lof ttecongested p*rt. of a city, there is less criT S flX to the number of inhabitants ; so tCt there are other actors than drink necessary to Z comnussion of onme, even when drink is p^t. to Glasgow we are accustomed periodically to learn DBINK AND CRIME «S from the testimony of English yisiton that we are the most dnmken city in ^e kingdom ; and tourists write to the newspapers and tell their experiences and impressions of sights seen in our streets, quoting statistics of the arrests for drunkenness. This alter- nates with panegyrics of the city as the most progressive in the ivorld^"the model municipality.** We are neither so had nor so good as we are sometimes said to be. That the streets of Glasgow— or rather some of them — are at times disgraced by the drunkenness of some who use them, is quite true ; but the fact that some travellers at some times see more drunk people in a given area than may be seen in any "Rn gl ieh city does not justify the inference that the inhabitants of Glasgow are more drunken than those of other cities. In no E ngli s h city is there so large a population on so small an area. If there are more drunk in a given space there are also more sober people ; but only the drunks are observed. In Glasgow, moreover, the ordinary drink is whisky, which rapidly makes a man reel. It excites more markedly than the beer con- sumed so generally in England, which makes a man not so much drunk as sodden. If it were worth the retort, one might point out that even if it be true that in Scotland you may see more people drunk, in "Rwgknd you see fewer people sober. As for the statistics of arrests they are absolutely useless for purposes of comparison, if only because of the different practices that prevail in different parts of the country in dealing with drunks. It is also well known that a comparatively small number of persons is responsible for a very large number of arrests. The facts show (1) that drink puts a man into a condition in which he is more liable to commit an r « THE CBIMNAL AND THE COMliUNlTV ^«Me or crime tlum he i, when wber; (maurtwhUe dmtog fa common in aU p«t« of the couitoT,^ offences and crimes oooot nuUnh in dM-,!. ^ iT^ ^.t.; (3) a»t the «nZi^'S^^ l.^^'^*'i'"* ^ "^y - we are aU habk to rioknem and death bntif either eome. at one time rather than moa«rit »« ^ a very oonmderable diflerenTC^^^ ^dLX ^'""' " ' "'^-'y ritoation^r^ wage dies leaving no provision for hi. wife and faiX Jued his pay towards their comfort md in snohT««^ M to ensure their etnen • he nn.h* ^L v "^^ oamfnl • .nj *k """ • "« ""got to have been more oMeM .and the very people who preach faith are tte Jrst to blame him because he took no thouiAtTf T. tHose ^t^ deS.r '^„X Zt^flg ^^ rdi^^ t i^t7.^rforct.^"K: -: tliey may be the more fit to do their woA to°S ;oS POVERTY AND CRIME 7« 1 ■■\ •J .*< if: and doing ■omething less in Older to lay by tome money for them ; between starving them in eewntiak during hie liletime to eeeure them from itarvation ihould ho die, and giving what he has whik he ia there to give, in the hope that he may live to eee them develop healthUy. Erom poverty to destitution is in many cases but a short step, and it may be taken by those who have done nothing to deserve it. Sickness, loss of employ- ment, absence of friends who can assist, may drive a man to extremity ; and then it is a haid task indeed for him to keep within the law and live. His sickness may enable him to qualify for parochial relief, but as soon as he is recovered so far as to be able to go about he may be cast adrift without means of support. If a man does not live by working he can only support himself by the work of others; being destitute he must beg or steal. X 14 was a man of thirty-five years of age who was charged with theft. He was somewhat ** soft," and had managed to support himself during the lifetime of his relations by casual labour. He was physically in good health and mentaUy not bad enough to obtain care from any public body. On the death of those who had looked after him he drifted to the common lodging-houses, but he had not enough devil in him to be attracted by any of the vicious or to indulge in any vices. He began to find difficulty in obtaining employment. Under the stress of his condition his mental defect became accentuated, and, though not prominent enough to call for official recog- nition, it hindered him in his efforts to obtain work. Asked why he had stolen, he gave a reply that in its reasonableness was striking. He said, *' What was I to do ? I tried the parish, but they could do nothing for me, for I'm quite weel. I tried beggin', but I didna 1» TIffi CmillNAL AND TUB COMMUNITY jlrt moeh, «• I WM etched. Yoo-ke no «, «««. k«5>. a took th. «m. riJTwhwTwtod «lIttL? 2«»«teTfew, on p»nldun«t ; i^^XZX 22 £W«^ : but h. tiSSSt LTtJ^"'^t •wved M many days for the theft o£ a MiTof booSr h.^ not bew. given b«>k the boot. oS KSf^^' Ht^fT ^' h> »pite of the f«,t U»t h? «i jwatally defective, beoanee he teaUy .tatod o<»l^ to the proper de':SCfo?'£'Zrr'*^ but stnnted their wowth L ini?i. ?*'^. PO"**. seriong-minded. ™'" '''^'^ ""^ a ^Kr" °V?^' ''"' '* " «»mething very like POVERTY AND CRIME 73 i be had withont money or ita equinlent. Anummay •tarre «id go in rags rather than beg or steal, but he miiet ileep iomewhere. He cannot pay for a lod^ng, and to aleep out ia to qnaUfy for ileeping in a oell. if the poUoe were not better than the law in thia reepect our priaons would alwayi be full. There are many men out of work who are far from anzioua to get it; indeed, and for that matter, moat people are quite content to do no more than they need ; and in spite of all that has been said of the blessedness of labour, there are few of the most earnest preachers against the idleness of others who would prefer to work longer hours for less pay rather than shorter hours for more. We must discriminate ; the objection to the man who will not work is that he is not content to want. When he gets like that he is so far firom being an un- employed person that he has adopted the occupation of deliberately living oflF others; that is his profession, and I am not at all sure that it is quite as easy as it is assumed to be by those who have not tried it. Certainly the amateur beggar makes but a poor show with the professional. His is, at any rate, a dishonourable and an illegal profession ; but while in some cases he has been brought up to it, in many he has drifted into It through destitution. We ought to have no pro- fessional beggars and no professional thieves ; but as they are in some way made, it does not help to an understanding of the question to label them " habitual," condemn them, and neglect to ask, if they " growed," how it was they began their career. Many of these fuU-blown specimens have been oflPered work at remu- nerative rates and have scorned it, which shows— that they did so ; that is aU. It does not show that If m the beginning they had been taken in hand they would have refused to do their share of labour. All 74 THE CRIlflNAL AND THE COMBfUNITY experiments of that kind only prove that the sturdy beggar finds it easier and pkasanter to beg than to do the kind of work o£Fered to him ; they teach nothing as to the causes which led him to begging ; and poverty and destitution are the most common causes. In our large cities there are numbers of chikben who are destitute because of their parents being unable to provide for them, or failing to do so. They are cast on their own resources from a very early age, and have sometimes to assist in the maintenance of others. When they can, some of >hem leave the homes which have been far from sweet and take to living in common lodging-houses— in Glasgow we call them " Models,*' with a fine sentse of humour, for they oflFer the best of opportunities for the formation of citizens who will not be models. If the boy grows up as he can, and in the process develops anti-social qualities, it is not he who is most to blame ; and when we condemn his conduct, as we must, we might at least admit that his course has largely been shaped by the destitution which It would have paid us better to prevent than to punish, when as its result we have allowed him to develop into a pest. At the other end of the ladder there are men who are refused work because they are or seem old, and who are driven down through destitution to become petty offenders. I remember when I was employed in the poorhouse a man was brought to be certified insane. He had attempted to sever a vessel in his arm in order that he might bleed to death, but his ignorance of anatomy— he was a pre-school-board man— had caused him to make an ugly gash at the wrong place. He was talkative, and his story was clearly told. He was about fifty years of age and was unable to foUow the only trade he knew. He was an iron-worker and had POVERTY AND CRIBIE 7S fa 1 si} .fj done hard work in his day. He had never been a teetotaler, but he had always attended to his work. At times he made good wages, but he had suffered from periods of depression. Sometimes he had been able to save money, but it had always melted. He could get work when work was to be had, but for some year or two now he was physically unable to take a place. He had contracted a disease of the heart. His son had got married and had two children. He was a well- doing and industrious young man ; sober, steady, and a good workman. He had been supported by this son, of whom he spoke in the highest terms. He also was an iron-worker. The son had never grudged him his keep, nor had his wife. Why then had he attempted to kill himself ? His explanation was as clear as it was unexpected. He said, "Doctor, do I look un- happy T " He did not ; indeed he was rather cheerful. *' Well, I never had ony melancholy, if that's the name for't. My son's a good lad. He slaves as I slaved, and at the end he'll drap tae. I'm done. I've enjoyed my life on the whole, but I'm fit for naething but to be a burden on him. He disna object ; but there's the weans. Every bite that goes into my mooth comes oot o' theirs. If they're to be something better than their faither or me, they'll need mair of the schule ; and what wi' broken time an' low wages they'll no get it. I want them to be kept frae work till they're educated tae seek something better. He and I have had our share of hard work. I've had my sprees, but he's a better man than I was — ^no a better trades- man ; I'll no say that — ^an' I want his weans to hae a better chance than he had. No, I'm no a Socialist ; I'm a Tory if I'm onything, but I never bothered wi' political questions, though I've heard a heap o' blethers on a' sides. What ? Hell ? Noo, doctor, 76 THE CRIMINAL AND THE COBOfUNirY does "ot lifaty Th^i^tr^l'^ dertitution •gainsttheZ.,^ wLttJ^ «omintoeion of crime. ment; but whatever tbefflX^ wt !tL^*t oonoem ouwlTe. with it »i>«r!irv^ "*^ "•* are 5i prison for aL^S^Y^.u^^.n°°. ^' *^^ ^^o POVERTY AND CRIME g, M» oomnittod bypenoM who m not imdw th. in- fl»««eofdrink. Noxttodrfak.«aongthewoL«!(L I»™<«m«nt fa " bad neebors." They do not low their temper, ud light with ewh other becTS-a^ylS^ Mtow. and foioee people to nib against onewSther fa aooh a way a* to give oooasion for trouble ; and to kaw the fact ont of «»ount fa rimply to attempt to J£ i^T*?*^ ^^ ^' TOTToundfa^ and to i^„ the efleot they have on hfa conduct/ In aome parti of Gfaegow— much as it ha» been miprored during the last generation-there fa Kterallv S? T1S ' v' .*^ ^^^ *° "'•• A pl«» to deepT to affoM shelter from tiie weather, to take food fa ? xea. Boom for recreation or for quiet rest t No ^forbearance, the good-humour, the willfagne.^ ^ to stand aside uid allow «,other memto of the fomJy to monopolfae the scanty accommodation ate wonderful ; and they ate the rub. Now and S' hWB and thenre, a breakdown occurs ; and if it result fa' th^ u^ *?**• '^ "» °<'* concerned to recognfae «ieoause.butonlytopunfahthewrongdoer8. "w£I?S ^ we partly may compute, but know not whafs "Mted." uid are not dfaposed to find out. A stair-head quarrel fa a stock subject for the humorist ; but try to Uve for a week fa such cl^ and constant contact with anyone, eamfag your Kv^ ^^*r*^ "^'^'^ •"»""• ""di^c^wonder^ thn^f*** " "** '^ ^«P'- The fact fa that those people put up with a great deal more than their censor, would stand and that fa one reason why thly •«» «o badly oif. If they were as faipatient of OM «4 THE dUMINAL AND THE COIUIUNITY MiW iiilnMn«gM«mt ai we Me of their tiMim-lflB. »i^_!?!L r^" *■ ' 8~* •*«* made to aranmlZ iTTfcT^ ** ®*' ** ^"W not be a bAd thin* • nMMon to the West End. T^e a «^- JT^^ tj»t «^ .g,inrt property wouM in partbeSL^S^ ^Wty «.d d-«tntion:beo.™,lTcZ?^ i^ the poverty, though in an illeeal ^n^^^ r«.rtiirxsiSt:hir •• •» hanger and want. '^* ""**~ There is no alum district in Gbuma,, «k.« j *™PO«ea persone ; but a tenement may cet a biul nii«l ^ . -^ori^^f xft::p:tsrt "^ take no aoooont of thruM i^fcJT ^5 " "* ™ *''• We when the nol? io^r.:J:^:e°lrS "•' ,""* we forget aU abort «ie S mTl ?T^ POVERTY AND CRDCE ^ tlM evil-doer. It !• no nnoommon thing to eeea woman who hM been Msaolted by her husbMid plead with the ooort to let him go, and make aU ■orte of excniei ?ii? ^J?^ incredible ttoiy to aoooont for her mjuriei. Then we hear ezekmationa and reflectiona on the power of hnman love and the forgiving apirit of even a degraded woman. Human love is wonderful, but it it no more marveUoua than human stupidity • and in these oases the woman is moved not so much by love of the man as by knowledge of the results toherandhersof our way of dealing with him. On the whole, she prefers to run the risk r ? iU-usage from him when he is at liberty, being assure of his protection •gwnst the ill-usage of others, to iiaving to wrestle »ot Motter ; and » final decision is onlVSvai he mrb? pni?fo Jir^ *** "»* '»<"' the Uw » dMonsaed, and when the oilender comes before a» POVERTY AND CRIME 91 court, magistrate and prisoner meet as persons who know one another. Judgment is given on a knowledge not only of the o£Fenoe, but of the offender, and all parties in the case are tried by the public. In the city it is not possible for the policeman to know the people who live in his district, nor for them to know him. This is a great disadvantage to begin with, for he is not able to distinguish between those who may be corrected and restrained by their friends -without the need for their being charged and those who cannot be so dealt with. He arrests a person whom he does not know for committing an offence. The prisoner is brought before a judge who knows neither of them, save officially, and judgment is given according to scale. As for informed public opinion directed on the proceedings, there is none. In the city as in the country, however, if an offender is known as being ordinarily a well-behaved man he may not be prosecuted. If he is overcome by drink someone may see him home or send him there. It is not so much a question of hi^ being well-to-do ; it is a question of his being known. If not known, no matter what his means he cannot be sent home in a cab ; but he may be taken to the police station in a wheelbarrow. What else can the police do ? We take men of good physique and character, many of them country-bred and unacquainted with the complexities of city life. They are paid the wages of a labourer, and with a uniform invested with powers and duties of the most varied kind. They must be able to keep people from offending, or to arrest them if they do offend ; they must know the law ; they must be prepared to act as doctors on emergency— what must they not be able to do ? We multiply our complaints, and cast on their shoulders duties we ought to perform ourselves; M ^ ™»5 CWMINAL AND THE COMMUNITY ?«•. »>»t doe. not £3K tS: SST t" '^J^ » • 4Z ^^'th! « >>ody and in oUriotor die '''^^^oM^liw^"' • ^y- *»"• totter of <*«to8. ^trs^t"^sr'^~°"^ «"* leader ^^ ^^*" g"l» Mid ia probably •vflttanttesti*^ A ^fr* •*"•""«» of greater ««P»Mion8 complained ofT? 1 Tl«> decorative 'ooabnl.ryofSS^a^dSlri^ f* *^ '»™°* "KW rertraint by th" ^T w ^°' «» "»«« ^th •"'j'otivee, which dM^L^i ^* '"'» »" <»» pet Of the nat;^ ofd^"S ^T^\ '^'^ '^ Z b« " awfallv niolM^U V ^'"' ^^ * <*tog may «» q»ite as inapp" ^ftnf"" '^,"?J'»«^ may •Woaioation ; »d Tt^ih 1*'^'*^^ '°°'" «to »ne, their hJZels fflttv w F^ °' »?««'''• «>tog about it lie^rf. "'*''"P»«»«d''-i,t toTpeaking'^^h^'or S^;^;^r'^r "iT «n«»eat it profusely S^-o^^l^^^ POVERTY AND CRIBfE 93 at the poHoeman. One is caught. She has not neoes- sarily been worse than the others m her behaviour, but she has either run in the wrong direction or not fast enough to escape. She is taken to the police station and warned. The complaints persist. Again she is arrested. She is the bad one ; she was taken before. On her liberation from prison she had lost her work. She was shunned by the other gurls, whose mothers forbade them to associate with one who had been in prison, lest they should be taken in charge also. It is an o£Fence to associate with some classes of offenders and criv.:inals, and the cautious among the dwellers in these districts do not care to take risks, so they try to keep clear of anyone who has been in the hands of the police. The kw may be right enough, but you will not get them to believe that the innocent person is safe; not if he is poor. " Keep awa' frae Jeannie. She's been in the nick ; an' if they see you wi' her theyll maybe think you're as bad, and land ye there tae." They would help her if they could, but they fear that association with her would only hurt themselves and do her no good. Those who have been in prison themselves will go with her, and those who are reckless ; to their company she is confined, for she will not take to religion and the help of its professors. She is soon back again ; as cheerful and as tractable as any girl could be. In essence it is a common story. The police could have done nothing else in the circumstances, and she had no grudge against them, but admitted that they had treated her fairly ; can as much be said for those who by persistent nagging force the hands of their officials, and who are more bent on punishing offenders than on mending their bad manners ? We have lost the personal interest we ought to have in our neigh- i;, »» THE CWMINAL AND THE COMMUNlTy mattw,, but the^S^.- """^ *» «»^ «>• flm ti«r?h.TwSnto ^t' "^t : «d it i. to pri«» to . •mS"(L»«^„*!^\'T *• "»* oimn . n.,.u i ^^ onenoe oommitted he haa ham «-t i. oft,nsr:?'h^^?^ tsrs" "^ a "beep as a hiinb » " °® ^"^ 'o' p«mit..Ci:Lrx.rjt^*t'to ~' r^ in the verv YtM.^ «* - j i """""'tios to take place mmuon and feUowahi'n i>^*», \r^ cteoent com- they can wva bSS! ♦ J?° *" """^ «»» tiU CHAPTER III DfMIOBATIOK AND OKIMa '"**toS^'."5S ^^f^^ offend-The reaction to ntw sumnud. Jg-The dii&cal^ cf recovery-The attraction of thedS^ T£e Churches ancf the immijJant--Benevolent Modat£uL The rijm immigrante-Their tendency to hold theSSJJiSS m?X2!^"'";^ languaiteet wquiJed-The alircriSS- Hi. dkngeroua character-?rhe neeif for powers to deal wiSiWm. ABiAJORITY of the prisoners dealt with in Glasgow police courts are not Glasgow-bom ; and this holds true of outlying towns. It is the stranger who is the " bad one." The town-bred man more readily accommodates hmiself to the conditions of life there. He grows up among them and his life is rooted in them. While he IS yet young his steps are directed for him, and he r?f°*a5? *^o»d dangers into which the stranger may fall. There can be no association of a man with his neighbour anywhere without some degree of con- formity to a common standard of conduct. No one can outrage the social customs of his companions with mipunity; and everybody is more or less in- fluenced by the opinion of those for whom he has aregard; so he conforms to the standard of behaviour aet by the circle in which he moves and is steadied thereby. If, as is generaUy the case, his companions Bxe not m-disposed, he is likely to be a law-abiding citiien; if otherwise, he wiU get an impetus towards 95 r- 96 THE CRDONAL AND THE COMBfUNFrY <«inM. IiiuiyoMeli«ifoltlieiofl,MidliisaowtliOMi (he more eatily be watched and direotod. The maa from (he oonndy findi himaelf Uving ttoder new oomii(ioni (ha( may rapidly make or mar him. He if away from (he friends (o whom he looked for guidance; he is oas( on hia own reeonroet and mnrt «x«roise an independen( judgment ; a temp(a(ioa if no( checked by (he consideration of wha( (he family would (hink ; and having no(hing bii( his own i^ clina(ions (o consuK, he is more likely (o mn kwse (han he would be when a( home. He is no( necessarily more vicious or more foolish (han his (own-bred bro(her; bn( he is no( accustomed to (he same kind of (emp(a(ions, and can nei(her lemt (hem as well nor yield (o (hem as gracefully. He is (heref ore more U»ly (o succumb, and more likely (o suffer severely from (he consequences if he is found ou( ; forjus(as he is handicapped by (he wan( of guidance, bdng a i^ran^ he is no( so likely (o ge( proper assis(ance If ne falls m(o (rouble. Men are a((racted to the city by the hope of increase in pay and pleasure; and though in some respects toe hfe seems unattractive enough, they still come. T^ only people who are certain not to come, and perforce to stay, are those who have a home in the oomitry and fixity of tenure there. Their sons may «ttd do invade the towns, but when they do not succeed there they return to the land. Workmen in the country are ag liable to lose their situations as townsmen; toeir work is hard and their hours of labour arc long • they (hink their pleasures are few and dull compued to tiiosemen may have in the city , and they gravitate toit. ^y are drawn in by its glitter, and driven in by the drabness of country life; sometimes also by the clearance of men to make way for the huge pleasure- noaOKATION AND CBIlfE ^ rwmdi that diignoe Scotland, and havv iwnltad in IzL'!?'**?!?* of man who dww their iiihdftenoe from tte aoa (Hving • hMdy lito and mring • healthy ««oe) by deer and their keepers. Whm the kndleM man oomee to town and fails to find steady work, he OMmot go back to the oonntiy unless the family of Jir^uil!!.* l?""**^ ^^ "^"^ ^^ on STund. ^tte ohiWien of oiofters do go hack in times of de- FMrion, returning to their father's holding and working there; bnt the others sweU the ranks of the ramptoyed and are in peril of degeneration into the loafer or cnminal. The Camrohes pUy an important part in helpuur ttoseyonng people from the coimtry who are reoom- "Modedtothem; bnt many never connect themselves with Chmrohes when they come to town at first. Some make a begmning, but drop off, not so much because they dishke rehgion, but because they like ocoasionaUy to trik and think about something else ; andincom- P«tively few of the Churches is the need for providing ■wrial mtercou.se recognised. A man filled with^ missionary spirit can find numerous outlets for his «ne^, for there are evangelistic meetings heM in an districts and on aU nighte, and they wekome new- ooiners; there are also temperance societies emrased in the propagation of their ideas ; but the mijarity Of peopfe who migrate to our towns are not prepaied to engage in that kind of occupation in their leisure how ,, and they have just to drift for the most part. There are Benevolent Associations of the natives of one county and another which have a powerful influence for ^ m aiding those who come under their care, but that ihey do not cover the whole ground is evident ftom the fact that many of their compatriots are never heard of >y them. That they stand by one another 98 THE GRIHINAL AND THX OOICICUNITY in aa •dmimUe way ii andMibbk, and thalr inftMiiM it 10 itraig that for oertoin Undf of pabUo tfipoini- BMOtf in GlMgow the OlMgow niMi bM a poor ohMio»— then being no Society of the KatiTee of Gkigow in thftt piece yet. The ebfloioe of family ooantel end oonitreint wliioh may lead to the degradation of the man who takea the wrong tun, may be a powerful aid to hie riie if he geta on the right track. He hae to think and act for himaelf ; and hie freedom from tiea enabfea him to attend more exolnaiTely to his b min e M . The immigrant to the city from the conntiy is largely represented in prison; but he is also largely represented in the town council— «nd the one place may be held to be as typical of the reward of tiie iU-doem as the other is of Uie well-doers. There is another immigrant whose conduct usually receiyes more attention from the public, vis. the alieo. In the West of Scotland foreigners are present in large numbers, haying this in common,that they tend to form little colonies wherever they settle, retaining many of the habits they haye brought with them, and remaining aliens in the sense that tiiey are not absorbed in the community as they ought to be. In the collieries in various parts of the West of Scotland large numbers of aliens are employed. Their namee, which in many cases are difSoult eith«r to pronounce or to spell, have been set aside by somebody or other and local names substituted ; so that it is not uncommon to find a man with a familiar name idio is quite unable to speak the language of the country. They keep themselyes apart, and do not usually interfere with others, but some of them get into trouble through fighting among themiselyes. Ordinarily peaceable and tractable, they contribute a fair quota to the number nnaoRATioN and criiib 99 of Mffiouf MHudto oommitted, though Ihe pencil t i Mi le d fa umuJfy mothtr olim. Thdr ignonnoe of tho knguiiga Abo BMkif them a aoiine of dMinr to othen. "^ Wheo th^ h*Te done lome wild or orimfaMi thW the ffl^nita «e deported, after they have lerved their term of impriaonmeiit ; but their ieolatioii from the life of the diftriot htie in many caeee contributed to the offences committed, since it hae prerented them from acqnhring the point of view of nativee of thif oonntiy and hae caoMd them to follow the cnstoma of their own knd. Any proposal to prevent their settling here would come with a very bad grace from ns, whose rektives are scattered all over the gbbe and who pride ourselves on the fact. They are healthy ; and are neither wild nor intractable, but are generally industrious and steady. In their interests and our own it is surely not advisable to permit them to continue as tlonies apart, separated from us by the bsr of Umgm je. It would be no act of tyranny or hardship to insist that every alien settling here should, within twelve months of his arrival, satisfy the local authority of his fitness to tptak the hmguage sufBoiently well to ena ble him to understand others and be understood by them. At present it is no uncommon thing to find men who have been in the country for yean and are yet unable to engage in the simplest conversation in Engliah— or Scotch if you like. In one homioide case the accused had been in the district for sixteen yean, could only speak a broken dialect, and required to have the simplest statements intefpreted to him. In the city this condition of things is less marked, but as a general rule aliens— apart from the professionals— who are committed to prison do not speak the language f I 100 THB CBmiNAL AND THB OOiaCUNTIT InteDigib^, erwi tlioiigli they 1iat» bMB ■ome time in the oomitfj, and that for the Mine weeoo they fit on eU right withoat it. The IteUeiii end othen wlio Me hurgely engiged hi trading, pick up enooi^ to eneble then to undentand and be nndentood : their oeen* patiop makei this a neueerity ; hot erHi among them the interpreter hi fw too often legiiifed. People are generally gi^co to eave themeehree trouble ; and to leani a hngnage ie tnmbleeome. If thi^ oan eeoape the neeeee t ty they will do eo, and there ie no need to blame them for it. Bat thdr igooranoe ie a trouble and a poeeible danger to ve, and it doee not eeem to be nnreaeonable to aek that it ehonld oeaae. There are other immigrant alieni who do fpeak the language and who are preeent hi the large dtiee. Tlieee are the profeeeional oriminale who import their ▼ioee, and work their bniineee, in a very qritematio way. They are more remarkable for th^ knowledge of the law than for their ignoranoe of the language ; and they are a Tery dangraone although not a very large element in the population. Th^ haye an organised qritem of oorreqpondence and go from one part of the oomitry to another, where they have oonnectione. lliey employ lUUed lawyem for their defence nhen they get into trouble, and within certain limiti amift each other in the way of bniinees. There are eome of them capable of any atrocity, and they are all quite different from the ordinary criminal 6l the profeaeional olaas familiar to us here, lliey have a certain amount of polish, and an aptitude for appre- ciating the standpoint of others sufBoiently well to get on their blind side. As for moral sense as we understand it, it does not seem to exist in them. Crime is their business and they place business first. When they are conyioted they are deported, but their naaoRATioN and cbdib tot •nd offfHiiiMioii toAbfe thrai lo momm oottfkitinmynrjciUn, Thay Mqnirt to b* dsiOt wtth in * nraoh mora dntiio w»y than tlie law *l prawnt pemitt; lor thoy m nol only * cUagBr beoMiw of thflir dopradfttionf, but Ihoir praraaco Mid ooodnot iBoito our own imdetiraUat to do thinfi tlicy would not otlMrwira attempt. At tho law ftanda tha omia of proring their vndedrability reata on the pdioe, and it ia very diiBmilt to get poaitire erkknoe. If th^ were required, on the initiative of the police, to prove to the latiafaotion of a oonrt that they wen earning an honeat living, th^ would find it imponiUe todoBO. It may be objected that thiaia like aaanmfaig a man to be guilty till he provea hia innocence, tHiich ia contrary to practice and a bad principle on iHiich to act. Ai a matter of fact, it ia acted upon with our native thieves, once they have been convicted ; they may be charged with behig foond in poieetrion of property and required to acconnt for having it or go to prison ; and they can be summarily tried. & respect that a man is an alien he ini|^t reasonabfy be required to show that he is not Uvi^ off the pro- ceeds of crime, as a condition of his being allowed to remafai in the country. He may be refused permission to land if his character is known ; but these people know how to get past the imndgration authority. Why they ahonld then be free to transgress mitil th^ trip and are caught it is difficult to see. If an alien seeks oitiaenship here he must satisfy the authori- ties that he has lived for at least five years in the country and during that period has been a reputable citizen. The onus of proof is on him, and it is not assumed that because he has never been convicted he should be naturalised. The examination to which he voluntarily submits in order that he may be- I' 102 THE CRIMINAL AND THE COMMUNITY oome a Britiah sabjeot he need not iindeno if. all he want! is the protection of our laws while heie living by breaking Hbsm, I goggeet that just ai some aliens haye to submit to examination before being allowed to bnd, those who have given the authorities occasion to sospeot that they are living by illegal means should be cited to appear before and satisfy a court that their conduct is siidh as to justify their being permitted to remain in the comitiy ; and failing their appearance, or their being able to do so, that they should be arrested and deported. CHAPTER IV SOCIAL ooin)inoirs Ain> oBim The millionain and Uie pauper— ni-feelinff and mirandentandinff — Social ambitiona— Caaie of embezuement--PNaelung ana practioe— Gambling— The desire to **get on"— The need to deal with thoae who profit br the helpleBsneas of others— Politieal aetion— Its difficulty— Legidation and administration— The official and the public— Personal aid— Fellowship. OUB social inequalities are the cause of much serious crime. That such inequalities always have existed is undeniable, and that they may continue to exist is at least likely; at any rate, there is no immediate prospect of their abolition ; but the form and degree they take are ▼aiiable* Within recent times the gulf between the wealthy and the poor has been widened. The pauper is an old inhabitant, but the millionaire is a new portent. The rich man of our grandfathers* day was a local magnate who might be capricious, but who could be pemcmally approached. His successor is cosmopolitan. The poor in those days were not so well informed as they are now that the ends of the earth have been brought together, and the mechanical inventions that have brought wealth to many have enabled the multi- tude to get a wider outlook on the world. A rich man may be courted for his riches, but they do not now gain him reverence from the poor. If free education has not educated the mnoooo any 103 104 THE CRIMINAL AND THE COlOffUNlTy mow than the expenav© kind has educated many of the ndi, it haa enabled them to lead. Tliey ^ow more than they did, and with the aoceaa of knowledge dMoontent with their condition haa increaaed l5r good or iU many of them have lost the fear of hell. but the fear of the poorhonse is still with them as with niany who are better oflP. The desire to make money dommatesaU sorts of people, and in the effort men aro marred. Each sees the greed of his neighbour, but fiuls to see that he shares the yices of those he con- demns. The man who is " successful " is critical of the faults of those less fortunate; and they in turn are often too ready to attribute his position to his absence of scruple rather than to any abihty he may possess. There is envy on the one side and distru^ ont^eother; but out of , and in spite of , it aU there is 8teadily growing an eflfort towards co-operation and mutual help. *^ In the welter of conflicting interests there is much done that every man would disapprove if he saw it done by his neighbour. Yet those whose conduct ifl most shady are often not conscious of the enormity Of It, bemg too much engrossed in the end they seek to be particular as to the means ; and that end is not always Ml ipioble one. They mean to do great things and kmd when their ships come home ; and th-^o not Me that the question for each of us is not. What woidd we do if we had what we desire? but,Whatare we domg, being what we are and where we are ? In the thirst for wealth dishonest practices are con- « ^*^ business, and within the law robbery is aUowed. There is a disposition to take more account of what a man has than of what he is ; and this camiot fail to have a vicious effect. X 19 was a young man who held a position of trust and received a smaU SOCIAL CONDITIONS AND CRIME 105 ■•Iwy. Fje had no showy yioes and, ao far as oonld be ••wftalned, not many others. He was strong in the negative virtues; being an abstainer from drink, tobacco, and saoh things as are a£focted by pleasnre- ■eelws and cost money. His employers were qoite ■atisfied that they had in him a model servant ; but they found their mistake, and were as unreasonably mdignant as they had been unreasonably pleased; for he had been conducting a very ingenious system Jio departmento extend theur activities they are brought more ck«ly into contact, and it may be into conflict, with the Uym of the citizens; and it is aU the more necessary that the powers given to them should be exercised in con- ■onance witii the views of the representatives of the puWic, or the public servant may become the master t^TJ^'^T'' ^i^^^y^bothableandwalous, but if his abihty and «eal are employed in the wrong directum he is a greater danger than a stupid and ]m man would be; yet if he is not guided and directed r M»^^ he ought to go he can hardly be bkmed for following his own judgment. The ok around him and to obsenre his neighboun if he choose. He win not be uncivil to them, even if he take no interest in them. Put him in a crush at the door, and in the effort to get into the place or out of the crowd, he will not have the chance, eren if he had the wOl, to keep his elbow out of the ribs of his neic^bour, though that neighbour wera his dearest friend. How many are crowded together struggling to get out of the welter and too busy to take much interest in others I I do not forget that there ue many good people who are interested in the poor and f aU^ ; but it is those who are in danger of falling that get least attention. There are mothers who are struggling on to save their sons from the ruin to which they are tending, and children Ii6 THE CRIMINAL AND THE COMMUNITY who are trying to redeem their waywaidvpArttitB; in face of all laihues itriying with a patience aa admirable ai it eeems fatile ; but there are few to help. Let a father turn his danc^ter ont for her miaoonduct and ahirk his duty as a parent ; let her go headlong to the gutter; and when BheissniBoiently •tained thcie will be reieneni tripping over each other to aid her. The pity is that so often they should be more interested in trying to make people conform to their ideals than in helping men and women. for their own sake. Most of us have not been so brilliantly successful in ordering our own liyes that we are justified in directing the lives of others ; but by interest in those who are having a harder struggle to live than has fallen to our lot we may not only encourage the individual to better effort, but we shall see more clearly what needs to be done by us as a community, not to make men, but to remove those conditions which tend to endave them. CHAPTER V AOB AND OBim Tlie inexperienea of yonth— The training of bovt Ctm of a truant —Another caae— Intractability— The fooliiiineM of parent and teaeher— The abaence of mutual nndentanding— Reereation— Malieiooa miiehief and petty theft— The cauae thereof— The need for inatructing parent*— Pernicious literature— The other kind— The modem Dick Turpin— The boy as he leaves school- Amusements— Repreasion-Blind-aUey oeeupations— The Ado- lesoent — Physical strain of many occupations — Unequal physical and mental development — ^The street trader— Hooliganism— Knowledge and experience— Hie yexih of youth— Old age. TIE great majority of those who enter prison for the first time are yomig persons, and in many cases they do not show any great degree of moral turpitude. "As the twig is bent the tree is inclined," and what might have been merely a phase of recklessness or a passing mood of lawlessness is sometimes made a fixed habit as a result of the way it has been treated. The younger the person the narrower is his experience , other things being equal. In making the experiments which give experience we may hurt ourselves and others. There are some who are content to accept the state- ments of others and to yield an easy obedience to those over them, but in early life the number is not great ; and where the elders are too busy to pay much attention to the young there is a greater need for the boy to find out things for himself. Rules of life as they are presented tt> many boys consist of a series of pro- 117 Ii8 THE CRIMINAL AND THE COMMUNTIT hibitions, and it is not always the wont boya, who kiok against them. Wild and intractable boys do not always grow up into bad citizens ; bat if they are taken in hand by the penal machinery of the State there is not much chance for them. They may imitate the showy vices of their elders not because they are vices, but because they are showy. They do not admire the wrong things more frequently than grown- up people, but they show their admiration in a way that is sometimes awkward both for them and for us. They are misunderstood and condemned when they persist in gomg their own way, although the cause of their vagaries may be simple enough if an attempt were made to find it. X 20 was a boy of ten, the son of a man in a comfortable position who had lost all control over him. The boy had run away from school, and had left his home more than once and gone wandering in the country. His father had coaxed and beaten him alternately without any beneficial result. His schoolmaster informed me that the boy was usually quiet and tractable, but did not take much interest in most of his work. He was not of defective intellect and he would not apply himself to some parts of the school course. He was fond of animals. I found him suspicious and reserved ; but as he had been told that he was to be seen by the prison doctor, and as he evidently had expected to be confronted with an animated bogey-man, there was nothing surprising in that. He answered questions in monosyllables or not at all, but he promised that he would come himself to my house and see some things which I thought might interest him. I would not allow him to be brought to me, though he lived some three miles off, and he kept his promise and came. With the aid of some other juveniles he was made to feel at ease, and I found AGE AND CRDfE 119 he oonld toll a good deal about animals, taoh aa UdpcSm and iroga, and that he had a real interest in sooh thinga. He came back several times, and in an indirect way he waa adviaed of the danger of doing what hia father had objected to ; but it waa perfectly evident that hia conduct had been the reault of the way in which he had been treated, and fear had cauaed him to commit at leaat aome of the actiona that had given cauae for complaint. Those who had charge of him were more in need of direction than he was ; for they had acted on the assumption that they understood what was best for him, whereas the fact was that they had not the faintest idea of the disposition of the boy, and were simply driving him to extremities in Jieir efforts to keep him right. They were repressing instead of directing his tendencies, with disastrous consequences. His school'uaster understood ; and he was permitted to act on his knowledge with satisfactory reaulta, the parenta never having thought that he waa aa likely to be able to instruct them as to teach their boy. In this case the boy was fortunate beyond many others in respect that his parents were able to seek and obtain advice when they became alarmed because of his behaviour. They were in a position which enabled them to give him the necessary attention when they learned what was required. X 21 was a boy who had developed the habit of playing truant from school and had come under the observation of the attendance officer. He was in danger of becoming an associate of city undesirables. His mother was a decent widow who had to support him and herself by casual labour. She was obliged to go out in the mornings to clean offices and he waa left to himaelf . She was loth to have him sent to an Industrial School, but she preferred that that Ud THE CRIMINAL AND THE COiafUNUT ■lioiild be done to rmmiiig the riik of hAving hi« get mto the heods of Tidoiie penonfl. There wm no quertkm ae to her rectitude, end •■ Kttle of her abflity to took after him when ihe hiMl the power ; bvt ihe oonW not be out working and at the lame time be duoharging her maternal duties in guiding him. So he had to be sent to the institution. Inaoaselike ^i»— and they are not uncommon— it wouU be far better to free the woman from the need of leaving her ohOd and see that she looked after him. She has a greater personal interest in him than any official person can haye and it need cost no more ; while the gam in cha^raoter cannot be measured in terms of cash. The mother's burden is greater than she can bear, and that is a reason for reUeving it ; butitisno reason for breaking up the family and toosening the tie between pairat and chiW, and the practice cannot even be justified on the score of expense. Boys get the name of being bad when they are totractable, but bad boys are fewer than bad men. ^lere are too many people who are driven to assume that they know what is best for the N)y-or the man— •nd that without making any attempt to understand those for whom they prescribe. When a boy rebeb •gamst the line of acticm laid down for him it is taken as evidence of his wickedness, though it may only Aow his good sense. He may be doing the wrong thmg with a purpose more reasonable than that of his mentor, but he is likely to find that his intention win meet with no sympathetic consideration even if he reveals it, and his action wiU meet with punish- ment if he owns it. He is encouraged to lie in the hope of pleasing his master, and when he is found out his miquity is magnified. Boys are far more given to the attempt to find th« AGE AND CRIME ist point of view of those who are in authority orw them than grown-up people are to find the itami^point of the bo J ; and children wiU often ihow a de^ knowledge of their parents than the parents have of them. If instead of assuming knowle4(e and showfaig ignoranoe parents would try to nnderstand, theie would be less disposition to rule the yomig by general pro- hibitions and a freer hand given to them in the choice of their pursuits. Left alone, the child will show its bent ; it is not for the parent to thwart its aptitudes, but to direct them into useful channels. Many are made miserable fc j being set to books, and othen are made equaUy wretched by physical drill. Bveiy year brings forth its own fad. The adult may keep free from its tyranny to some extent, but let it find a place in some code or other and every juvenile runs a grave risk of being subjected to it, because someone in authority who knows nothing about him or his needs has so ordered it. The boy is kept at school for nearly as many hours in the week as many men work, and when he is set free from its restraint he runs wiklr-nf he is no^ oo tired, or if he has not been set tasks which cause him to work overtime at home. He gets into mischief, and is denounced for his misdeeds and the trouble and annoyance he causes ; but boys are not more mischievous than they were. There are few adults who have not been a great nuisance to others in their own earty days, but too many of them seem to have forgotten all about that. By aU means let the boy who has played some mischievous prank be restrained and corrected, but in choosing the method it mi^t not be a bad plan to remember the expbits of a boy who was no better in his day than the culprit is, if no worse. When we show that we recognise a dear m THE CRIMINAL AND THE COMMUNITY dittinotioii between cramming juTenflei with knowledgs and ednoAtiiig them, they will leem at the lohool how to amnie themieWet without annoying ot^ien. At pieient th^y are in this zeepect left midnly to their own derioee, and in Tery few oaies ii there any lerione gronnd of oompli^t ag^dnit them. Considering their imitative tendencies and the incitements many of them have towards wrongdoing, it is wonderful how few go Ux astray. Wbtn a boy is sent to a reformatory he has oppor- tunities given him for play, and the importance of providing different forms of recitation for him is not ignored. This is by some called " putting a premium on wrongdoing,** and yet in spite of the reward there are few boys who deliberately adopt a course of law- breaking in order to have l^e advantages of life in that institution. Either they are too stupid or there is not such a bias on their part towards evil as some would have us suppose. The recreation which forms part of the means adopted to reform the boy who has trans g r e s s ed might conceivably prevent transgressions if it were placed within the reach of others, especially as the association of boys whose conmion interest is that they have all been before the courts is not likely to make for their improvement. Whatever its defects as an educational institution, the school has this to its credit, that a better standard of conduct is maintained than could be acquired by many of the scholars if they were left to grow up under the ccmditions that obtain in their homes. Now and then someone does a particularly shocking thing, and until quite lately when this occurred the offender was liable to be brought to the police court. Now there is a special court for dealing with children, but as there is no change in the judge or in the officials before AOB AMD CRIME IS3 whom the ohilid appean, aU (hat hat been gained if hii lepaiation from older offender!. Ihia ii lomething to be thankM for, but it ia a minor meroy compared with what ought to be done. He is more a inbjeot lor treatment by thoee whoie experience enables them to understand children than a **oase** to be tried by a magistrate whose traditions are those of the criminal courts. Most of the charges are acts of malicious mischief or petty thefts. The offenders have got out of parental control or have eluded the supervision of their parents. In some oases the parents are culpably careless or negligent, taking little interest in their children and miJdng their home worse than it need be. They spoil the child without sparing the rod, for the boy is often hammered without mercy when he annoys them. He keeps out of their way and may fall into bad com- pany and bad habits. Most of these boys show evidences of neglect in their appearance ; but they are not, though they may become, desperadoes. Others go astray not so much from the culpable neglect of their parents as because, with the best will in the world to guide the boy, the parent is either incompetent to to do so from sheer stupidity, or, more frequently, from being too busily enj^tged in trying to make a livelihood to have the necessary time to give to his care. A smaller number are the children of parents who are quite competent to look after them, but who have failed to keep themselves in sufficiently close touch with them — ^which is a more difficult thing to do than it seems. At school the boy may be under good guardianship, but he is away from his mother during the greater part of the day, and he may pick up companions who will not exercise the most favourable effect on him.. They need not be bad, but they may be bad for tS4 THE CnnfL^AL AND THE OOlOfUNnT him. Out of idhodl hoan be weki for itKffiaHon, •nd in the effort to ol>taln tnraieiiieiit of a qpaoial kind ho may toko what doM not bekog to him, and bo loond oat and oompUinod of ; or not be found out and contfaiiie the praotioe. It ie eU Twy linqple and not at an nnoommon— except in the lefoh. IToiicietj) baa to be learned, and aome people never leain it ; though they never commit Crimea. There ia a difference between being honest and being diahoneat within the law. There are few women or men who have not at aome time or other " diahoneatly appropriated property/* though they did not ezpreea it that way when they abatracted sweeta well knowing the penalty if caught. Some boya do not ateal aweeta, but they ateal money to buy aweeta ; and in the aame way othera ateal money to pay the price of admiaaion to a place of entertainment. Sometimea they break into ahopa to ateal, and they are then young criminala ; bnt thia mely happena when the neceaaary money can be picked up at home. In a yomig person the deaire for pleaaore ia natural^ too atrong to be at first repressed by a aenae of the righta of property. He does not need to be taught that aweeta pleaae the paUte or shows delight the eye ; but he requires to leam that in the long run honesty ia the beat policy. Children are not likely to ateal if they can get what they want without atealing, but they may help themselyes when they can if they are subjected to unreasonable prohibitions. Even men and women have been driven far out of the ri|^t path through attempts to repress their desires for harmless amusement and to make them take life solemnly. The dishonesty of children arises not so much from a perverted nature as from an inability to appreciate iho importance of honesty. It is a phase that AGE AND CRIlfB "$ M tlMir eiperieooe of the world growi. They can be tnined cmt of it, but attempti to knock it oat of them we •• likely to knock it into them. Thflfe onje^t to be proviiion mede idiereby peraite could be edyiied, admoniahed, and aiaisted in dealing with childien whom they have been unable to oontiol. Our CSiildien Oonrta are not deeigned with this end in ▼lew, and I doubt whether it makee much di£ference to the child who is sent to one of our institutions that he was sent from one room in the court- house rather than from another. Our money would be better spent in luwiiiting parents who have the will to do well by their ohiklren, but who have not the power, than in taking the children away from them. As for those who are careless of their children, they should be dealt with for their care le ss ne s s . In many cases the apathy they show is a consequence ofourmethods. If , instead of taking the chiUren away from those idio neglect them, we trained and assisted them, we should have better parents and betterchildren. If nsTfiki ss ne ss and callousness were then shown by the parents we could proceed with justice to deal with them for culpable misconduct. At present we are not in a position to do so, since we are not prepared to help them to discharge their responsibilities. We make it easier for them to neglect than to care for their off- spring: and if they lose control of them to a sufficient extent we free them from the burden altogether. The spirit of enquiry and experiment leads many boys into mischief, and some of their malicious acts are the result of it. Men too readily forget that the boy sees things in a quite different light and relationship from them. Some of the housebreaking adventures that look BO bad on a charge-sheet appear quite different when the story is tokl from the boy*s stand- 196 THB CRIMINAL AND THE OOMlfUNlTY point, and they do not ahrayi ihow iiioli depiATity M one wovld expect. Some boyi ue alwayi leekfaig Mhrmtoiet and becoming abeortMd in them ; othen we content to read aboat deeda of daring, and the worim they faToar aie often crude enough. Occaaiona% one ii takm with a maak and piatol in hia poaMmian attempting to rob in the highway, and then we haye homiliee on the evila of pranicioua literature of the '* Dick Tarphi " aort, which might be more convincing if the homiiiita were themsdYea free from connection with Btnil that ia worse. The adTentnroua bojrs are not thoae who read much of any kind of book ; they are too hwsy living. The *' Bk)od ** is devoured more by the boy who dreams rather than acts ; but of the thousands of men who as boys read prohibited books and enjoyed them, few are likely to spend much time on the equally sensational publications that circulate in millions anumg adults. On the whole, the boy will not get a more distorted view of life from the highly coloured papers he reads than he would obtain from some of the newspapers ; and when he is being condemned for his preference for *'Bk)ods," it woold not be amiss to remember that these productions have never set themselves to foment in his nund feelings of ill-will against people of other lands. It is not the boys but the adulta who are raised by the papers they read into hysterical outbursts of senseless rage or equally senseless fear now of one and now of another continental poww ; and if " literature " is to be judged by itd apparent effect, then these papers are more pemioious than the " Bloods," which the boy prefers to the books which are designed for his moral instruction. There is no com- parison between his highwayman — a boy's highwayman who robbed the rich and gave to the poor, to the AGE AND CRIMB 197 iiiTenioii of aO looiftl otdcr and tlie indnatrioiM »l»IKreiitioe who married hia maator'a daughter, poor girL The hero ia a hero to him heoame he darea all riika, la tme to hia friand, ia gaDant and generona, and faoet death with a braTe heart. II he doea the wrong thhig he doea it in the right way, and it ia not the thief Imt the man who gi^ the boy*i admiration. Aa for the indaatrioaa one, OTen a boy knowa that there are not enough maatera* danghtera to go round ; and if he rerolta at the eelflahneea of the goapel of getting on, he ia rifl^t in rejecting raoh a falae baata of morale. We know that the boy'i Robin Hood or Diok Tnrpin never eziated in fact ; but if they eziat in hii fancy T To thoae who denounce them theee papera are only a gkwifloation of theft of a particular kind, but then ia no likelihood of ita ever coming into vogue again. Diek Turpin ia now a company-promoter and hia chequea are in demand by Churohea and politkial partiei. He doea not riak hia life now, and we are very gbd to be taken into his confidence ; but the boy haa not found that out yet. His books may be ill-chosen, but wholesale condenmation will not mend the matter ; and in booka, aa in other things, it is impossible to tell what is good for the boy till something more is known about him than that he is a boy. When he reada it ia sale to assume that he does so because he feels some need is supplied thereby. When its nature ia discovered a step will be made towards its better supply, but not before. To take the boy away from the book he likea to a standard author on the ground that it is better for him, is to run the risk of creating in him a per- manent dislike for the books chosen. In the city most of the boys leave school when they are fourteen years of age, and entering on new pursuits are subject to fresh temptations. The Its THB CBnaNAL AMD THB OOMlfUNnY «BiplojnMiit they ol>tAiii ii ImbbIj m maltar 9! ohaiiM, Inrt whatever it may be, thty an k« likil^ to fa wfoag when eng^ped at it than whtn free fimii it. Iheir playgiNMuid ia the itraet, and there ia no adeqnale pfcnpiekNi made lor their reoreatlon. On payment of a MnaU earn they may obtain admimJnn to the miiaio* haUe or the piotore-ihowa, and theee latter are krgdy patnmiaed by bqyi. That they eenre a neeful puipoee ia undeniable, and if the entertainment they oflsr may not be all that ie deefarable, it ie praetioaU^ aU that ie to be had by many. Sinoe it oannot be had iieely there are temptatione to find the meane, and the boy amongst his neighboiirB who ie worst off in lespeot of mon^ is hardest pressed. It ie depkraUe that eome ahoold yield to the temptation to obtain money dishonestly, but it is idle to ignore the oondition oi things and neglect to provide reasonable opportn- nitiee for the recreation which ie required after work done. There are private organisatioDs taking the matter in hand, but their appeal, though wide, ie, and must be, eectkmal. Boys' Brigadee in connection with the Ohurohee can only reach a minority of the juvenile p<^Ni]ation, and the same statement appUee to Boy Soonte. Tliere are thoee iHio object on principle to both organieatione on the ground that th^ foeter the miHtaiy spirit, but the militarists themsetvee do not ^ypear to share this view. Boys like to pUy soldiers, but when they get sense they drop that ; and mean- time they play, greatly to their advantage. As for the Scoute, they seem to represent an improved edition of "follow my leader,*' and their uniform prevente their being interfered with while they play. It doee none of them any harm to believe that they are saving their country so long as they are really eaving them- selves, and no greater numb^ of them develop a taste AOB AND CBDIB 199 lor ft ■oldiar'i OMMT kt« in Hit than cnlkt from MMMig IboM who hKf n&tmt b>loimd to one or otlmr of tht mpadmHion; II sfty bo UiaI tho intontloii of lomo of tho pfoinoltn is to feed f llo Amy, tut tkat is to Ioato o«t oi Mootmt tho boys Uisaisshrss sad the dsrslop- asntolthiir minds. Whatovsrllio intention, tboiMoH is good in so isr so the intstest of tho gsms keeps the ht^ in heehliy ezeroise. The most popnlsr of all the f onns of pabUo leoieotion is the footbdl match. Week after week the groonds aie fiUed by tans of thousands of speotaton who find in the game th^ witness not on|y amusement for the time, bat matter of conTersation and interest whioh oathwts the day. Young and okl they are mostly partisans, and though thdr conduct may leaTe much to be desired, that shouU not distract the obsenrer's attention from the main fact, which is that they are enabled to find a real interest in something which is at least harmless. Iliere are those who lament the fact that the spectators are not players, and who con- demn them for being merely TicMious partakers in the game. Ai a matter of fact, a good many of them have pbyed, and some of them haye got into trouble forpbying. A very little acquaintance with the facto would make the Jeremiahs aware that there is no public prorision made for allowing very many to play; that a great many who enjoy seeing others play have no time when free from labour to practise much them- sehes, eyen if a fieU were near ; and that if any krge number began to play football in the only spaces open to them— the streets— there would be no room t*. get about. It is not a bad plan to consider men's limita- tions before condemning their pursuits, but it is too little practised. The football match is a strong counter-attraction 130 THE CRIMINAL AND THB GOMMUNIIT to the pnbUo-hoDie or the tiinhm mndu thiongli tlio •tnots, and the football fieU would be an aHmiyftMft pUygroimd lor many of the young, aa they would readily admit; but those who waJit them to pUy rather than to look on are never very prominent when an attempt ia made to find them the meana . Some of them oie the public atreeta for a praotioe ground, greatly to the annoyance of the powanffciii and aometimee to their danger. The nniaanoe haa to be itopped and the usual method is adopted; the miiversal panacea for all evils is applied, and the culprits are taken in charge by the police. Asmallflne is inflicted, with the alternative of imprisonment if the lads are over sixteen. I have seen a batch of them brought to jail because their fines had not been paid. All that had been done was to ensure that these boyi would not play football in the streets for several dftys ; yet the cost of their escort and board during that time,' if expended on the hire of ground, would have provided them and others with opportunities of play for six months; and they do not play in the streets for choice —at least it has not been demonstrated that they do. Alike in work and in play the boy's pursuits axe largely matter of chance. He has to seek en^yment and is generally ready to take anytiUng that piesenta itself. Some of the situations that offer most attrao* tions to him are of such a character as to prevent him from applying himself to work at which in his manhood he could earn a living. In the beginning he may earn more money at these occupations than he wouU if apprenticed to some skilled handicraft, but before many years he is cast off by his employers, unsettled by his work, and less fit and less inclined to spend time in qualifying either for a trade or a profession. TbiBn are far too many blind-alky occupations open to boys, AGE AND CRIME 131 •nd they Bhoald be oloeed to thoM entering on indns- trial life. Tliere are many men who by adyanoinff years are shut out from the work they have been acciistomed to do ; they are leaving the ranks of the skilled workers, and they could do the work at present done by lads with advantage to the community, since there woukl not then be numben of young persons spending the most receptive yean of their Ufe in occupatkms by which they cannot hope to earn their living when they reach manhood. As the boy grows to adolescence he tends to get further from the control of his parents. His growth implies change in him, and he may develop new needs and new desires without the power necessary to control them. It is weU recognised that m adolescence there is a special liability to r ' vsical or mental breakdown and short of this it is no uncommon tUng for younir people to show a degree of instability that ala^s theur fnends for their safety. Yet in youth there are very many employed at occupations that are in a marked degree physicaUy exhausting. They are per- mitted to take far too much out of their body, and though they may thereby develop their muscles, they are ahnost certain to hinder the healthy development of tiieir minds. The State has interfered with some trades and prohibited certain processes of manufacture on the ground that the chemicals employed a£Fect the healtti of the workers in an injurious way ; and it Has laid down regulations for the proper sanitetion bihty of hmitmg the amount of physical energy that a man may be aUowed regularly te expend in work, and the socmer it begins with lads the better for every! body. At present we hear of the large wage earned by workmoi in certain trades and their notorious 133 THE GBmiNAL AND THE OOMMUNITT improvidenoe. To anyone with eyw to ne their Improvidenoe is not more evident in the waythej ■paid their wages than in the way they earn them ; for their Hvea, induftriaUy, azre short, and they are too often physical wrecks in middle life, partly from the undue fatigue to which they have been subjected and partly from vices they have contracted in the attempt to stimulate themselves when fatigued. We only hear of the vices, but their industry is equally fix^sh if it implies excessive expenditure of vitality ; and no income in money would justify the cost at which it is obtained. Time and again there come before the courts young men who are neither insane nor weak-minded, but whose mental powers have been stunted and twisted by the conditions to which they have been subjected. Th^ are not there for committing oflFences against property, but for startling the district by some atro- cious assault ; and there is this pomt of similarity about them all, that they have becni engaged at work which was too heavy for them, and when set free from it have used the strength of a man incited by a man's passions to do things that only a boy would conceive. Equal mental and physical development is rare in youth, and in practice everybody recognises the fact. There are some big lads who are young for their yean and Uttle ones who are pretematurally old-foshioiied ; but time mends the matter, and a balance is established if s ome t hin g does not occur to mar the youth mean- while. Placed under conditions that favour, the devetopment of muscle and prevent the devek>pment of the mental powers, young men cannot be wholly blamed if now and thai they shock us by showing the natural result of such a course of training. About the ftreets of the city there are lads who take AGE AND GRDfB lis OM0 not to work too luufd. Many of them an tho ohildrai of paioitt who haye norer ezMoiMd mnoh OMB ovw than, and in some oaaea they have been lent out with a few ooppen to pmohaae piHiMn and tell them ; or to beg. They have kamt to like the Ule and have deliberately adopted it themaehee in pie- ferenoe to other employment. They oome to priaon iooiner or later if they eaoape the refonnatoiy ; and iometimM after they have been there. There is on]|y one opinion poaaible among those who know the facts aboat the street-trading they oany on— that it should be abolished ; and the only real diffioolty is that its abolition ought in jnstioe to be accompanied by some provision for the empbyment of those yonng persons who h»ye been engaged in it. The newsboy is a great convenience to the public and the newspaper owners. He sometimes is an important aid to his fami^, for hi a proportion of cases the parent is as respectable and as anxious to take care of the boy as anyone coukl wish. It is her poverty that compels her to use his services. But the risks to the boys outweigh all advantages. The poverty that compek a mother to subject her child to such risks ought to be relieved ; the public and the newspaper proprietors wouM find other means ox obtamhig and delivering the news if they realised the cost of the present condition of things ; and a nursery of criminals would be removed. In most cases the parents reqmre more attention than the boys, and especially the female parent. The children are her peculiar care, and if she takes to drink the results to them are serious. Whatever differences of opmion there may be as to the hereditary tnms- mission of intemperance, there is no room for doubt as to its effect in causing the mother who is subject to it to beo(»ne an inefficient guardian of her «iiirit ; in the other you have to attrad to your drains and your sanitation. The punishment and the prayer in either <«» may assist in so far as they direct attention to the need for ri^^t action. How then do these out- IS« THE GBIMINAL AND THE COMMUNnY biEiMki ofigiiiftte, uid whit omum tlMm to rtmnf to the flrrt place, th^ aw not th© woik of pwfcMlonia ^^ ^kmgh thase ti4» •dvMitiige of thim. Hmj 0^ in hoMpUy Miioiig the kdi ftt the itwrt oon^^ I^of them may be abnoniial^ miwhieToiii or !S*^ ■?* • <*~^ *»• » ■?«* of iti own wfaioh ia diflwant from that of ite memben. Ereiybody haa ■een dignified dtiaena nnder the excitement of, il^y •n ejection, when they got the newa that the countn? had been aaved in the way they deaiied, behaving in » aolBraently ridicnloiis manner and inciting others to • like behayionr. H they had received the newa J^ftt home it would at most have caused a smile. but in a crowd one has stiiTod the other to do and say wungi that neither would ordinarily do or say. An orator may sway a crowd and utterly iaH to move 1^ members of it if he spoke to them individually. The lads at the comer wiU do things when they are JWther that none of them would think of doing if «• were akme. Not only does each incite the other, but aU mctte each one to action. The horseplay is extended and indulged in by them at the expmse of psssen-by, and to thehr annoyance. If it stops then no ndjje is beard about « Hooliganism » ; biTif the iMdB, letting themselves loose, go further and injure a wspectable citiaen there is complaint. The culprit M at first fri^tened, but having done the thing he tnes to make the most of it, espedaUy if he Me? his companions rather admire his temerity. He boasts Of his daring and excites emulation. One tries to out- do another; other "comers" hear about and imitate tbe desperadoes; the newspapers take the matter up • and the place is in a state of terror. There is reaswi for the teiror, too ; for in the process unoflfending and peaceful dtiaens have suffered serious injuryT^The AOB AND CRIMB isr of angr olunoe, hanp on to the taib ol tli» lodkh ladf, and andtr com of thdr depncUtioiif ht^ UmMH to wlia* ho otn grt. Anything thftt gutlMn » crowd h«^ him, bat he knowi better than to oommit MMolts of this purpoeefeM kind himMlf. He hM no objection to rob the MMohed or the threatened end tenoriied parties, however, provided he can conceal himself. If he can get any of the hds who began the proceedings to assist him, gocd and well; but hi that case they may find they have started on anew and criminal career. The loose cdiesion between the mischieTons and the orimmal elements in the crowd becomes organised ; and by this time there is a general demand on the part of the citiiens that somebody should be punished. Then the examples begin. But the very fact that the outrages have been advertised, while it causes their imitotion at first, makes parents and employers enquire into the conduct of their sons and their workers. The UmIs are kept in at ni|^t, or they are otherwise separated from each other. When the association bes^ to break up the process k not kmg before it is complete. Everyone who leaves it is suspected of being a possible informer, •nd the dread of they know not what— the most powerful kind of fear^-invades their minds. The conduct that seemed so kudable is now given up and the epidemic dies out. To send one of the off enders to prison is simply to make him a martyr in the eyes of his associates, who know that he is no worse than they were and who sympathise with rather than abhor him. The real deterrent is the action of the parents and employers who know the lads. They neither want to get mto trouble at home nor to lose their jobs. Those who are sent to {oiscm have (rften little to do with the US THE GRIlflNAL AND THB OOMlffUflTXY I ! ! ■! , and their MMnpbij pimldimaiil umm mm. Bml ho oH ii ni i m— tli> «ifal«ie> oi yong ftfOmdootl tmtiwm wlio an in tiM haUi ol Aiii»n»te^ Imtel Mnalli Mid inffiotiiig t^Juitt noOmdj on thdr ▼Mnu»— k 1MB in Glasgow. The young pennn k mora Bkefy to Ibll into cnor thu hia eldm beoaoM of hit ineipBrienoe. Whatarar tha l aw may hold, no bn tinaw man aipaeta tha kind of aervioe from a yonth that ha looka for from a man. Tha yoong man may hare more knowledge than hk Mokr and more reoent information on many ^ht j^^ but onl^ time oan enabfe him to oo-ielate hk knowledge. The qneation whether a lad knowa r^t from wrong k an that eome peopfe win oonaider ; whkh ehowa how nttfe they know, if they reaUy beUere that the •nswer win enabk anyone to aaeeM a man*a req»on- aibiUty. We are toiight'*ri|^t and wrong "from our aarlkat yeara by way of prindpka to guide aa, bat th^ y^ P0> ahrayi eaay of appUoation. The diflerenoe between a young and an old man k one of ezperienoe. naotioe haa enabled the one to vae hk knowledge In a way that the other haa yet to learn. Ooroonoep- tiona of many thingi on whioh we have been girai information iqvparentlly fun and aooorato haTe been proved time and again to be quite wrong ; eiperienoe enabke ne to dieooont our antidpations, but it onl^ oomeawithyeara. In judging yoong peopk it kapeoia% neoeiiary to bear in mind the fact that with an their apparent knowledge they may have totatty wrong oonoeptiona of things, and that thus they have been misled. On many oooasions I ha^-e had to note the foot that a young man had committed an atrocious crime ; that he knew perfectly weU it was wrcmg ; that it waa not due to imperfect powers of control ; that he had brooded over and visualised it before the act; and that AOB AND CRIlfB i|9 Hi KMMiiiPliiiiiimii ImkI Iti l t ^^ t l H M tl rf d bfjoiid wpfBt* ricn, lor tt WM dl 10 diiiennt from hfe ocMiMplion of II. Ho prmi i hH ifiwt oouM fa tniifffy tho ihiiddflrinc iMnor with iHdoh thew ladi lOfMded their oim Mlf^ "■o diiHcnt from what I thooi^t H woold be**; and jel in otdiiutty AfUn we eie weD eoqueinted wtth the phenomepop. Why we ihoiUd loee eight of it when a orime hae been oonunitted and we are eeeliing to imraTel the canaee ii a myiteiy. Know ric^t from wrong t Yea, and oonoeiTe Uie whde matter wrongily. Thia atate of mind ia not poonUar to the criminal, and mav aome ti mea be nreaent in thoao who take upon themaehrea to judge and condemn him. In eai^ hie a lad ia not onfy more liable to go aatray, bat having fallen it ia more difficult for him to recover. He la more impwiMionable, and the impreadon of hia oiime and of the way in which he haa been treated atanda in hia way. He haa no record of experience behind It to whkh hia memory can tmn and by which he can be heated to aeek the right road when he leayea priaon. *' Learn yoimg, learn fair,** ia aa true of crime aa of other thingi. At the oppoaite end of the path of life a special cause of crime ia degeneration of the physical or mmtal powers. In the first case the man may become deetitate and forced into criminal courses in order to gain • liying. In the latter caae he may develop tendenoiea and commit certain offences that are quite at variance with his former conduct. As a result of senile changes in body and mind some old men offend against the law. When the condition is marked they are dealt with for it, but in aome oases it is only suspected and is not capable of proof. It is simply a question of whether they should be sent to prison or to a lunatic asylum. GSAFTBR VI •iz ivi> oBna FOB good or in giwt ohai^M have taken SSJ^T" ?" "k«fy to ooonr. in th. fdrtiw MoU and poUtiod podtku of tbo •w*. Women •» exotaded from poittkwl pomr on the grooad of thdr eex. wd bv\r»» of ^T tttag but «X to dfaOMMd. It h« k«B Aown Uit !*««»•: to o^bk of oatetrin>iiig him in beminc- ihoi^mjjoh h.tdlig«». : to*^ mo»l j^K 2?^.^ 'kT"" °°*'^ *» '« nrighbonr,. ABwhiA may be • yay good nMon forl^ her -^bntdoe. not alter the fMt thrt there fai^ ^""noo between the eeae. That may be no li^ far«otading her from a aha» in theCTeK '•I~«»*»tiT*« to P*riiament, bot it to a fact that oamiot be let eight of and which .eem. to be foqp)ttaB tn AND caufB 141 whiB H to Bol aorona and adbor bi bia walk and oouTonatioB, and i* jpoirec Hka^jr bi time to beooma a pUbur of tba Church jnd a modal dtiaen. Ha waa attnotad by a fifl wh > wa*, of food VBiMitotion, and tbm waa narw any fogi^touiun of bnpioper ooodnot on tba part of eitbtr of tbam 8ba kwt bar aitoation tbiovgb no fiMiH of bar own. and ba pbMMd bar bi a bonaa wbiob ba fmniabad at tba aipoMa of bia ampk^yera, arpiiiaiing hk bitantion to nwfiybM lat«f. Tboa waa no bnpropw bitbnaoy iwtwam tbtn. Tboia wbo knaw Urn wan aonriMd tbat ba aboold ba abia to maka tba proviabm lor bar tbat ba di d wirpila ad alio at bia oboioa of bir aa a wiii ; but tbat ia not an ""^Mmimfln attituda on tba PJiPt of friwnd i and aqnaQy iupiiiad and pafaiad i^Mn it waa diiooTeied tbat ba bad naed monay wbk»b waa not bia own bi ordar to aat up tba aatabliab- It wooM ba aa^ to mnhipty axamplaa of ca»a wbara tba rala^ batwaen tba partiaa aia Im bmooent, and to abow tbat not mara^yoangman, bat men wbo 144 THE CaUMINAL AMD THB OOMMUNITY ■TO adTtoMd in ]ilB,li»T0 bem diiTvii by Um altnotkin of the othar mz to laorifioe tiMir poii t ion. Women en not ignorant of their power, end the eriminel emong them know how to uae it to ed^entege. BeoMiie of their lez th^ ere eble to commit meny thefte end to eeoepe with impunity ; indeed, e ^eiy lerge proportioii of thefte from the penon ere oom- mitted by woumo, or with their eeeietenoe. Th^ eltreot the men, go ekng with him, pick hie pocket, and find eome esuniee to get rid of him in a hurry. When he dieoorere hie kiie they ere ont of reeoh, end in the greet majority of oeaee he eayi nothing abont it to the police, ee to do eo would cauae ecandal about himaelf . Only when the kxa ia too coneideraUe to be borne, or when eomething ia atolen that cannot be repleoed, ia the theft reported ; and even then it ia difficult to conviot the thief. X 24 ia a girl of twenty- aiz who haa aeveral timea during the laat eight yeera been convicted of theft. She ia a buxom end cheerful yvjng woman, neither a teetotaler nor intemperate, ahrewd, and poaaeaaed of a conaiderable ahare of intelli- gence and humour. Brought up in a alum diatrict, ahe waa early at work ; and when ahe began her preeent career ahe waaeamhig honeatly about fourteen ahiUinga weekly. Some time ago I waa aaked to aee her on behalf of a lady who had taken en intereat in her from her appearance in court, end who waa willing to he^ her to a better way of living. She wee perfectly frank with me, end declined aaaiatanoe on the ground that ahe could do better for heraelf. She aaid that with very little trouble ahe could make twice the amount to be gained by work, and with little riak. ** Tou ken wed enou|^, doctor, that the lady could do nothing for me. She would put me in a place among her eervanta, maybe, and that would be a nice thing for the aervanta t SEX AND CRIMB 145 Na, da. WImh I find H dinA pay I'll gie it up. Ai loog's Um drink diam get a gi^ o* mt I'm a' liohi ; And thflro'i no nmoh Ibat o* thAt." Lflw othen of bar elMi, di0 dottnot Ihre by proititatkm, tlioo^ hw m khflrdeoc^. ShAluMnopiiAJiidioeiniATOiirofohAgtity, Irat ihA tdkM Twy good cato to nm no unneoefniy fiika, And will find a moAni of getting AWAy from tlM niAn ihe mAy pick up— if poitibfe with hit punt, bot if not, thm without it— b«foiA mAtten Iiata pfooeeded to An eztiemity. Othan Acting in oonoert with mAk AooomplioM hire men to homee where they ere bullied end robbed ; end thie goee on with a degree of impunity thAt would be AuiAifaig, were it not for the fAct thAt though the pTAotioe ie wen known, there Aie few of thoee who hAYo loif end kMi of money who oere to Add to it the Ion of lepntA- tion thAt would remit if they hAd to Appeer in court. BlAckmAJting ii Another prActice thAt ipringi from the conduct of both men aimI women influenced in the direction of vice And crime by eex impnliCB; end jeAkni^ ii a powerfol fector in the cAniAtion of aome crimes of violenoe. JcAloiiay is not generally looked for on the pert of those who are themaelTea looae in their conduct, but among them it nuty exist as in- tensely And numilest itself as powerfoUy as in Any respectAble dtiicn. It seems to be krgdy a niAtter of temperamant, end to be to some extent existent ApATt from the desiro for exchisiye possession. X25 WAS an ex-aoldier married to a wonum of low moTAls. They hAd both been loose in their behATionr And were both giTcn to drink. He hAd on sererAl occAsions aasAulted her for her infidelities, but he Admitted thAt it was not jesloiisy thAt hAd cAiised him to do so; And he owned thAt he WAS just AS bsd him- •atf • He went off to the war, and in his Absence she '*»« he knew to b* « -^mLIT^!!* *• • ^"^m •i*«I on leaving tfcTtoJir^ ^ ?S* *• <► ^t!r4,s^irw!:^-^S:2 "'•^''^ him and the oJLTJJ' !!!.^ • •"''■i^^ ''^^i the oth«r%rL wSrfilr^.^ One da/S ^^i^y^JT^ '^ ^'wa-i. • proetitute. «rf when I £h*rf a-f^iT^ "* ^ «««« not he wo«, u^'tl.t-X:^ J ■« AM) etna , .i~V "7 r "W* not be agmntMl. || *—lmk t; but the wfc!r-.i!LZ i**** "*" •<> • «*- iuii»d M?irrtr^?!L^ «• «m which «■< the amifjrj!!?^,.."*. ««°» « jeelw.; IZu ^^ ™"*- « «n»y be sbent -i— T •■Bid appear to be tlia rf.,, ..i_r^ ■"■■" «*««• time •»*'iZlh!d^ Provoortioo that woaJd ?^'^^.^^^ ""^ •«» ■«••. either on thefrmL^ "° "*» : «»>«« l^^jo the fold. lSr^i*^:^'te»«'*«»8 •*»»' ««« the iS kS^^ •^'riated with her °"« «*» oaoMt do that, bntiwyl^ I4» THE CanONAL AND THE CX)lf]fUlinT I*l2ii*52L!?"' "^ *^ • P^*^' to heap tlM« unukl A gW ■««» mow than » boy fromUi. iimWw^ mST J?? ^" ^^y^f •»«* •«» •«»*• thiift «• nS »^b^toh.^^ lliagWI.U«St wjwg^i^bMwtf 1^ 1km iU hoy tad k tested J^ijdt ■flnwilMiMji. The boy i. wthar gifw to iorftottodieeoterofhowlittleeoooontitfa. SeSrt that beceiiae amen or woman npferT^TAt^ ^ Bot left an impnemm wImo heead. Aa m laatt^ faet,tliefMMleaideofapykinatiii««rKm.{«T!Z.^ moie mnaifcaW. than the male ridefaftil^^^ of Ike kM.^ ai the ommtee and the Imk the ifteiieef ie notorieM^ the eatmg woMli that ' ^^^y weiPB BBMe* 3m >; tfaeyovMoilMMmhiM of their ki^ ^ i^itati ^ th^ djM, ^ ^^ |g^ 0%, K be je oonneoted with the adM IET'^lS *^* ^'"^ ywwg gMa ew«iMi llw e nhjeete of h<»rib]e aegauha ; hot he ■■ mS^T ** ** ^**"* **®**® "^ iwa-wie _ Zd d^^.u^^ them make the moat t«ihle ™" «««iKl ohaisee against men on no foundation not AMD etna MM«m this ii not ahrara poMibb m» jofity <^ flMified » i""ii i i i ISO THE dUllINAL AND TU COlOfUNIlT fa • nyitaiV, but thay do ; aiid Imp thiwwlnn fa » ooadMoB of hMlth and fitne« which wffl oompMo iJWTO^y i^th that ol mMiy of the •ol«ti& JJo provo by figinw and iteiidMdi thai th^y don't. ^itr*Toikkinit.how.T«; lidTtLiEv of a iunpy, eooh ooiitribiitli« mnda^i to a oommoii pog, and oaoh widort a ki ng a ahaio of tho houiehold That my laise number of them an dlmet& diira to the rtw^ by the low rate of thdr^ ^ in my ezpeifanoe, true. -^ « «», jSt^^J!!:^ •oon»t lower wai» and make it hard lor thoee who haw to ea» th* living to obtain maionaUe pay. Thie may be true in a faw oa^a, bat ^X^^f^TT^^'^'y'^^'^ *b£pi«nt.aw noj toKA en«^ to let them do moeh lor notyng ; ^^^Zlt^^^^^"'^' OiriiiwatleMt M viin of their appeaianee at kd^ and they a» mdte M mnoh given to pereonal adanment. Inde^Tl ^J^. "^ ""^^ •^"^ <^ ~nen payiwte •**«to« to their diee. and are keener on JS«^ than tliAv mam r^rimi, 1 -- m. "■'"■*■"■ •■»»y»e. ^Artau^y when one geta a new kind of MH«jii or *ohaim," othere moat obtain eonethmc iobahnoeit. If a girl haa a fimd to draw imonM^ than her na^bowi, and the weaker ■eterniTeom^ IS'pInSl^."^* extra-dinary mea««. to ^» Ijr aa a etandard of dwm ie .et ,^ that it ■2«**be eMiBg poipw of the woAeta to m^ mm wte hava ather MwuMa ihan th«r wagee am lEZ AND CaiME ifi liabb to 9amkm tn injiirioiis dhek on their laDoir- wadB&n, X f7 WM • yomig womMi of pnpoMMiiiig ■ppMiaiioe and food maoiMr. She bad boon emplojed hi • place ol bttriM M in toim. Her wagee woe niall, and dM had ohaige ol oaih tranaaotiona to A ooniider- abfe amovni. She waa qidet^ and weU dreaaad. She waa aneatod on * oharge of embeaslement and ahe ateittod her gnih. She oonleaaad that ahe had begun to take amall aoma hi order to keep heraelf ** re^eot- able,** and her peonktiona not behig diaoo^ered, ahe had eon tin ned to help heiBelf . There waa aiokneaa st home, and to reUere the pteasnre there ihe had taken }m§» anma and been loiind oat. In the ooniae of cnfidriaa I found that there were other emptoyeea none ef iriioa had her opportonitiea of taking from the w nh beg , bol aome of whom dreaaed themaebea *' from gentlemen. Then waa room for that eaoh knew what the othera had bean It waa oertain that th^ knew that their _ wwe hi a ufl k ii a nt to enable them to hve and diam aa thagr did, and it waa eqnaUy dear that hi their eaaaa tiHj had no naooioaa at home to ai^^iment thfiir aarninfla Ttee an aoma woikdiqpa iniHii(^ the moral tone ia fwy km, and the aaneiatian of you^ gala together in thwn haa jt bad eiM on their oondnet. Ike ipMBBnoe of many man and women with regard to the moat il iaiin i i nj ^yaioal facta is remarkable, lie d phyaiokigy, aa thoogh hinocenoe wne qmonjrmone terms. Fear •f «l|iiitanmei^, and when a gad ia aen the ImllB of eondoet kid down for without the dnadfd 'nr-rprEiii thej have kd to eqpeet, the o*en ani^ to tkkA thej have ; and aaMa «f .5aTHB cwMNAL ^ ra, owonwirv 2«M?* •• rM»» M that wUoh COM • «.7 ted.t.«kin( m«r«n»i2i. Stasis*' njr Vto to him «d B-ThtacSito »«1^' nil «M in the dipntivhoiir Sti-!/!? '^J""' torn aumthf, tin Iw had j^u-T ,?.. ■'"T™?^ •fc* tn rti t1-!l ^^^ **''• ■•'*• «*ninrt MUL t^ M. *f** *•" *"* '•'tow to llhMtHB ir^. ^ without awmtian thw «». .» V. be able to do for themaehrei, it ia evedit of the lohoola. Domeetio too long treated aa thoii|^ they with the natural renUt that their that to I fflMfflPiPf » be looked 190B aa lower in ohaiaoter iMtoiy or the offioe gU. A greater npiift aad behaTionr ia permitted in hMbMirial oeovpationa than in • haa n goad deal to do with the ^ thMa pnmiitB. ia a beMv preparation for manied In n f ai twj , bat in q^ of this it haa ^iii^A^ta^t^m. It praanta the fam of iMd^ life wtthent the ipWt. In a great aMny oaaea Jjhaa aB Ae dl^dranlagia and lew ol the i3^i^ 2T]~ •" kwdiit hi their ecn^iainta of the ""J WMgJt ion ol swvania ihow quite okaify that they !!I *!!ff ■!^^**"* *^ ""^ ^^»t« 8^ i^ to gife ■•• «V ■HMMhIi inrviee, but the obediMiee of 0^ hi worhahopa aio not teeated «§ «s« CT, QuimtAi. AHD TO qaamimv •n>«>t«l to be rt M^^SV^ ^ •«««>• h J- "to to . -u.I^^Sn^JX^'^**,... •MM t«nd«a» tolriSL^i?^ ,*'^ "»y •bow the *>*to wtk doe. aLl!!!^ *^ "i^lofmmi, md tooiUtieX Sl^fcff^ ">« with the iM, «>i»* dW Ml ^5**"'* " *«'"*totol «.pW '^they .« .We.1 fcTlJr^J^'*-" tow U, -tow. ,wpc-ti^.:;:«'C'Sre.'^^*s ^ nx AND cmniB Iff ,j^ « *kMi «*"-» |W^ •«! wh«i tUy iwiwmb I «PM»tiona lor the event to qpant in nmut^^iin g fti Wroaoh; tin aome day ahe finda hawdfTmother. me habit ol ooooaafanent haa beoome a part ol her. •nd it aaaarta itaelf in the atate of pahi aid panioto whtoh ahe ilnda heradf, with dtoaat«^ ohfld. X» waa a girl about twenty yeara of ago who came fron a mining dtotriot to domeatto aer^ jnOto^gow. She waa a healthy girl and a good aervant. ^ day her mtotwaa had leaaon to auapect that aomo- thmg had taken place in the hoaae of which ahe had not been made aware; and a aearoh leveoJed the dead oody of a new-born chikl in an outhooae. The girl "^ !?^ md aant to hoapital. In doe oourae So waa tranafened topriaon, where I had to inyeatigate ^ti^^^l^^^i^ determining her men^TSoii. Whan ahe baoamo aware of her conditi»t hi iSZw ,** »5'» *» *«P0" of the body, was curiously C^'^„*«*'««i the child. She i8no««.cew»s'^.,'3^^t^?« /J^ts. but h» no reason to doubt tteWWki'^ ! and I had ■"^nts in this «Sr ^i^' r^ *^y ^ ^^ •" tended in «^ ^y * *^ •**!» \'^ that they to keep them in tte^use^LT"*-,*" ?P~^ he done to orevenf ♦!,. lu *^ *> ^hat can «> prevent the mother and child snfcii^ 5| 4 SEX AND CRIME ,57 Thwe Me others who rimply tuni them oat and take fh.f^ ?^" V^^ ; "xl it ia the fear oJ thi. that lead, to oonoeahnent. H they wooM even act ™i^ iST^ *• «*''» "^ *^" I>«>PJe much miaohief would be prevented. l.„f!!!?f*r" "^ ""•' a ca«, ae the above oocup ^l!^ fT "! '^*^ *° **• "«*«P»Pe" demanding dodt with the mother. The mother is not there to begettmg a child, bat for idUing it. and theT™^! seems to be that men a.-e oontinuaUy seducine womm ^ \"S °'" JL' ^*^ "^ ~y wLherTl'SaTS; n^ Judpng Iron, books, it forms the subject of mZ of Uie world wh«,h has come under my own obseJWti« othew, if they Sfti^rtr? **"^ 1«> '"'° » their sweetwZ ^ tone. Then: conduct may be suspected ; but in Hie doctor cannot shut his eyes to the fact if he woSh • ^ JK^ "^^^ """^ " Agentfor r^ ~«^hea» enou^ to convince him that the pro- ««»d and ti«, workmg standards of conduct 'are tih^^'„«T T° ""°°8 *^ connected with ^ Cainrohes clergymen occasionaUy find some who h»TO to get married as a result of thiir behav?^^^ SBX AND CRIME IS9 The girif who misbehaTe in this way may be leyiled as prostitutes, bat that is utterly to fail in judging them. That they are no worse than the men goes without saying ; but there cannot be a standard for the woman and another for the man, though in praotioe it is more frequently the moralists who try to make one— 4iot by their words, but by the e£Feot of their judgment. The same girl who has given herself to men is sometimes the most bitter in her denunciations of prostitutes ; but on the subject of prostitution I do not propose to enter, for any real consideration of it would involve a plainness of speech on which it would be unsafe to venture. This must be said, however, that the woman who goes astray is treated shamefully by the law, which operates to drive her deeper in the mire and causes reformation to be more difficult for her than for any other kind of offender. Any proposal to place these poor souls more completely under the domination of officials, medical or police (whether made on the specious pretext of public health or public morals), would intensify the difficulty, and would result, as it would deserve, in increasing the evil it sought to remedy . It is bad enough that any members of the community should become slaves to the vices of others, but it would be worse to confirm them in their slavery in order to protect those whom they serve. In proportion to the nudiber of offences committed by women bigamy appears to be more common than it is among the male offenders. The reason is largely economic, but the method of its operation is dependent on sex. The woman wants a home, but if she were not a woman that is not the way she would choose to get one. She could get established, but her sense of propriety will not allow her to accept the position ifc THE CRIMINAL AND THE OOMMDNITr without the fonn«J sentenoM for those S' .'*"*"^ <*«!» Wvy «dthenum1Lr^?L^tlS%'»r' *^'*^' is somethinit in thefo^f T^' T° *•«> '^man there lines " ue a i«t,wJ!. . respect, and the " mairiaee ditioncnffti^r&^r^tl" "ir^ vrith a man if 'they do ^'^^ f t^^"- n^^iiZ^r^* be expected to see thSt the ~»du.: sKS '^'"' °" '^ P'°"'''«°» »' CHAPTER Vn FUmSHMlirT The imivernl eurwdl—rae pubUc and the advertiaiiiff heder-The MMnce of »U q«ackeiy-The qoaokeiy of punkhineiit-Ratioiua trMtment--jMtice not bad temper—RotribuUon— Our fathers 5r ^'^IT"^^ methode not neceMarily niitable to our rSl£5P**4 P«»»i«J»f»M»tr?*« incurable and the incorrigible — Objectaons to eapiUd punishment apply in degree to aU pnSsh. ment-The "at-MOie executioner aid the snrgeon-Whip. ping a.^ Its e£tect--3Phe flogged oifender-Theftct 2d the inteni Sf^TC^ and vitality^tTiequal effects of punishment-Fines and dieir burdim-Who is punished most t-Punishment and expiation-Punishment and deterrence-Social opinion the real deterrent-Vicioua social circle»-Bespect for Sie Uw-pJe- vention of cnme. SINCE newspapers have become great advertiaiiig mediums their readers have had inf oimation thrust upon them by picture and story regarding the need to flee from ills to come and seek refuge in the patent pilL Health is the great thing to attend to, and there is a large number of people engaged in our instruction. Some wifl have us see to the equal development of aU our muscles, thou^ what we are to do with them when they are developed we may not clearly apprehend. Others prescribe for us afl a proper course of diet, and though the professors differ amomr ttemselves as to what is the best food for mankind ti^ sewn tb be all agreed that there is a universal food. K we find their prescriptions do not suit us, tnat IS an evidence of degeneracy on our part which .pti J: Tor r^- ^ *^'' « • boy .ho^ P^piiiVirn' ^ .r^ J"* W. life while h. •^ ate deaoribed Md thefrT™?- "^^ ""^ «JJ »«> get. nervoiT A ^T^"?"* '"ggerat «»tim.tion^S^«^^r' "P'T' " ^ ?«•>] Pwparation, aad Kn^ v^ ""y be called a qu« of adveptiaimr it it i« «^ !^ ^v ^ *^® «*Pen< however .Sei^tly i^p^bk t^ff r"~^^ wl there is certain toT^. « "^* ""^ •>< tertimanialBX^*!^-. K*"^- Some of th, Paina in her back f» ««« a^^^ n?"** *~" Md the DiBsorintm™ ^T^' "°^ has teed the patience ^thont CS » V Jr^ -Joctor within h^ reach to-eeignhStoTirTT"^- She has had i. <«XjecrSpity to^^„tr*«f'»>i<««». and ^a«en.of^tits^%t:«.^-^^5r lUNITY luM pasted ■howed an Mition, he ^Riedinto , with the ol able to 9w things >ZtlOll8 is Ui hands, man who » healthy hileheis examine ^y annoy Sgerated » every unpeted 1 public a quack nd con- ■iBoient expense lebody, lay be, will be of the im are eoeive. i from ktience reach Mhad U and hears >f the PDNIBHHBNT ,g, ^tional Rhemnatio Redmen and nut. h.^u / •tmant, with the reKStW S^S!r" '"'^ ieve she is the same woman^^T^ '*'^* better health tSTsJ^tS' ^ ^ *"«^ '•^ '^fcOlowsalist^y^toT^ - urged against quack m«di«i«*- j'-I_ ***" IJfa. Dadi i. not puUiaCd ^!l brought eluctanoe > to be a fence. 9n down, t theory btedthat demands iyonthe d partly Bpeating insistent lat they toed the lignant, PUNI8H1IENT i6| It they do not aeem to Me that Juftioa and bad t«iiip« e not the lanie thing. Few would defend the appUoation HteraQy of the -'libutiYe " ^«r.foiuai|.^ye »» principle. Th»y know It a man'i ev, may not be of aa much use to him that which he haa dectroyed may haye been to hia stim. It may be like taking gold and offering lead exchange. Even if the eyea be equal in value it M not in the dighteet degree compensate the hi juied on to know that the person who did him the hijury as blind as he ; and as for the community, it is to Me two blind men where one was before. Of course »body has proposed to deal in this manner with the ^irson who blinds another; but many are quite risfied to act on the principle, and to apply it by way kUhng murderers and flogging those who commit gsaults. The hiw has prohibited certain actions aa Pow tiie standard of conduct permitted to the ■embers of the community. When a man takes life, • order to show him the sacredness of life, it takes ■b. It is a lesson to him ; and tiiere is th;s to be said •r It, that it prevents him from offending again. • We all know how much we are the superiors of the p)or foreigners in our manners and our powers, for • spite of our modesty, our teachers in tiie Press are ^irays msisting on tiie fact, and trutii compels us to «mit It. Yet these same teachers sometimes confuse tm not a httle by tiieir metiiods of defending us when > are charged with doing something which we cannot ny havmg done. Some necessary severity in war. #r some strong actions on tiie part of tiiose who in fur name teach tiie native races how to live, may have ffovoked remark on the part of other nation. At |noe we hear that tiiey have done similar tilings: ^Aut If we are better tiian they, surely we must prove h •« THB CBmiNAL AND TMB COlOflTNIT To Un • nun to un aaotlwr it • qnav mv to te ™»«t ; not to ip^Uk d the fact ttot w. h«T, 1 in dTfl life wWeli tiny h«d not time to »hK^^ »|V be no better thu thej wen, bat they l»^ i *^ to oontribnto to nuie n, better d^iTtll w^ 01 doing thingi we not enitoble to the alta ^»»«rtMoee in whioh we find owidwfc Theyw. '«• •»«»yi Brtle to be Mailed by eome lord or rtl Srj'"»»|«»We oooup.tion wm ««. «d who , fadMtrlwi. in the pnmiit of it. He or acanebody li the frniti of hie laboiHV-le« dlKiount. Ohe aghtii »«nl»« •hr.y, jwde thi. profeedon ; bnt he1»v gpoteote the worker from the worker ; he proteo ^J^ «»"> »"» other wMTior who LyI ?i.f? .•'"™^T-^ ""y "«>*• Now he i. md the dm»tion of the Uw. «.d i. not flowed to m2 ZZ^'^"^*- 'H" "-ivl. that do « «,«^ "^u*^ ^'y' *•* «»»«»»o' was often bum] Kf «,"?? »»f, »«» ttoe to bother with oJFenden n>e pit OT tte gaUowe were for them, onleea they ooul be depended on to refrain from tronblmg him and pa tarn fOT lettmg them work. Part of the time he wa lunijelf a pri«mer in hi. oartto-and a not y^ •Mitaqr or oomlortaUe priaon it wae-and at oth<; UNTTY Me wllOBl BMtlMy ^totMoh t it true, >m. I do ysreAter MS WWB ^▼ehad EfwriflDoe «rb. We tiATe not nd their i altered wy were Me, And orotlier who was odyiike ore him fighting le never protects nay be B under o make do are i busily 'enden. jroould ndpay he was t very * ) other PUNISiafBNT t€f he waa aotfaig aa warder oter loiiie other lord rhom he had beiieged. The eaaieit way to deal with penona waa to hang them to a tree and leave there ; they deaenred it, and even if they did not, might do 10 ; in any oaae they were a good Now we are more settled and leaa rammary our diralingr with each other. We have long oeaaed employ the hangman except hi caaea of murder, even then the penalty is seldom inflicted in Scot- ; for it is repugnant to the leeUngs of most juries, they only oiJl killing "murd«r" when their of indignation get the upper hand. I am far from saying that no CLse can now be made It for capital punishment ; what I am contending that it ia the outstanding example of the application liof the retributory principle ; and yet in practice it ia .^usually defended on the ground that the culprit ia so ^Ibad that he ought to be killed—- another ground ^altogether. **What could you do with a man who would do that 7 " is the question addressed to those who assert that the worst use to which you can put |a man is to kill him. WeU, is he so bad aa all that 7 I have seen a number of very tough specimens under I sentence of death, and have watched the effdct on warders of intimate association with tliem. They have had to be constantly in the company of the condemned, for although he has to be killed he must be given no opportunity to lull himself ; and in almost every case the men had only one opinion after getting closely in touch with the criminal, and that opinion was that, in spite of all the evil in him, he was not such a bad creature after all. In some cases the opinion of his character was much more favourable ; but in all cases the opinions were the result of seeing the man when he ^ was under the sentence of the law. That is as true I «« 1^ CBIMINAL AND THE OOMMUNnr ta order to »S^^ Xv oTl*^.*" to Ml thei "« them. ThraB^f!!r °*^' "•»* ^ ^-w not «»t no ome f^Zn^Th'S/'^ T**^ "***»" »»y be of Buoh a ZTt^^'f r'' ^,*^ *"« doctor, «e 'rSau^:^ to M *^ *^' •«* owes as stroiur mT «Z!» . . *•*■"• ^ these •nd there aw thiTX^l . ^.™^ °* oriminals ; for oertata^^„rt?.ir°***!.*^ l«*hal chamber every oTtT^o^t^^.'Jr^ ""* ""»«»" ^ «"t to go aJiZ^^^ ^ I^P°*J »toiiH be the vwof the good of the state ""^omtly wide ^^•^"e£H-^te^rt!? "lowly, and false jS^S ^°»ledgB widens ^^set-baoks S r pXL" ^Td '^^ '"^ *«»eed conditions th^t ™Vf!? ' """ '*^y the '^thmaybeS^^drLf'*^"^ ~"" "»» *»1 thedootSrreaUyil^^X.^^ What PUNISHMENT ,gp ^««j^ tut w. I»„ .0 i„ not b«„ .H. to ne inffioHon no affair of hu, whether the sick person is a saint or a sinn«i It » hi. duty to do his best for the patient iirespecttv^ as leaddy for the «ike of the wicked a. for the sri» of ^VL,^*^}"^ "{'^ W he ha. to take a to^^^-^ "* • man whom he has been instructed to attod in Older that at the proper time he may be fed to death m a state of good health. I do 1^ say that there aw not men who may seem » deb««rf and vifo that any reformation would appear M^^T^^°^^^' b-t'hae they are tobe blamed fOT their wickedness, we are not free from blame tor petnnttmg them to grow into such a state bef'» tosk-let u. ™„f w J? ^<* »«^ ^ w »«> to blame ; having Pjn»W «»m what about punishtog oiseW Our punishment is fixed by Um that no ParJia. li' Il i;« THE CRIMINAL AND THE COMBfUNITY ment oan alter ; oar own neglect of the wronfldoer ensures it. The objections to capital punishment i^ly to all punishment np to a point, for if it is wrong to slay a man it is also wrong to maim him ; and in so far as onr oondnot towards him makes him a less efficient member of the commnnity it does maim him. There are many who are so indignant with the law-breaker that they have no patience with anybody who has doubts as to whether onr way of dealing with him is all that conld be desired. They object to his being pampered— whatever that means— and call everybody a sentimentalist who is not for "vigorous means of repression." There is a sentiment of brutality that is quite as dangerous as any sentiment of pity, and a great deal more harmful ; but pity for the criminal need have very little part in consideration for his reform. He may be, and often is, far from being an estimable or attractive person, and the last thing he needs is pity. A man may be a good physician or surgeon without being given to anything approaching senti- ment that is maudlin ; but whether he is full of pity or not he must be sympathetic— that is to say, he must be able to appreciate the standpoint of those with whom he is dealing. So must the man who would deal with offenders ; if he fails in that he fails in every- thing. It may be aU very weU to describe some of them as brutes and to say they should be treated as brutes, but it does not help forward the matter of treatment in the slightest degree; for even brutes cannot all be treated alike, and if a man is treated as a brute it is not likely to result in making him behave like a man. " The only way to make a man iff— Think him one, J. B., As well as you ot me." The cat is a specific for the " brutes " that have not PUNISHMENT 171 qualified for the ** rope.'* The argument seems to be that because a man has committed a brotal crime therefore he is a bmte ; as he has inflicted serious bodily injury on a f ellow-citisen it is proper that some- one should be empbyed to inflict serious bodily injury on him. But will the man whom you employ to do this laudable work not be a brute also r Does your official imprimatur remove the brutality of his act T If not, one result would seem to be that at the end you have two brutes among you instead of one. There has never been any pretence that the execu- tioner's occupation is not a degrading one ; never in an this country for very many years, at any rate. He is not looked down upon because by his office he inflicts pain. The surgeon in the course of his work inflicts pain, but nobody considers him any the less worthy on that account. A hand might be cut off by either of them in the discharge of his duty ; but though the result may be the same to the owner of the hand, the object has been different. The surgeon has amputated the hand to save the man's life ; the exe- cutioner has cut it off to maim the man. There can be no objection to the infliction of pain on a criminal more than on others if it is incident on a course of treatment which there is good reason to believe will result in his reform ; but there is no such reason for belief in the efficacy of flogging. I do not say that nobody has been the better for a whipping. There are many men who are ordinarily as modest as those of our race usually are, and who say that they were well whipped in their boyhood with great benefit. It might be unsafe to suggest that the argument is not so convincing as it may seem to those who advance it. Sometimes there is a temptation to think that the treatment, if it were really so effi- it U I/a THE CaoiflNAL AND THE COllMUNITy ^ <» «» mtegumant. may be the wno fa both S^nt <^ » • PVohoIogiori dbot which h ^Jtaiwit. (Mdnn know that wrongdofag « has no such opinion as to the pm:pose of his imprisonment, and neither have those who carry It out. He may be the better for it, thou^ PUNnSHMENT 175 tluit ia ezoeptional, but diMomfort and pain is an a aw mtial part of whatever cue there is. I remember when a student a worthy old practitioner who made a point of choosing the most painful remedies for per- sona sofiering from certahi diseases, as he held the opinion that they ought to be made to suffer for their misconduct. He certainly made them suffer, but as they were not compelled to attend him they chose others who cured them more rapidly and with less pain. It is now generally recognised that pain, or anything that lowers vitality, operates injuriously and retards the recovery of patients ; and every means is taken to prevent suffering, not because it makes the patient feel bad, but because it causes him to be bad. Suppose a surgeon said to a man who appeared before him with a scalp wound received throu^ falling on the kerb while under the influence of £ink, " You have been foolish and wicked, since you have made yourself intoxicated and lost control of your senses. Your head is wounded, and it is only a chance that you have not been killed. You have disgraced yourself in the eyes of those among your friends who have any sense of respectability, and you have run the risk of losing your employment as the result of your intemperance. This I cannot pnmit to pass unpunished. An example must be made of you in order to deter others from following the same pernicious course. You have forfeited the right to concdderation, but, though you must be made to remember that such conduct as yours cannot be lightly passed over, I shall deal with you as leniently as possible for the sake of your wife and family. You will receive an application of germs to yoxa wound which will produce erysipelas, after which I shall proceed to deal with your cure." The doctor 176 THE GBDONAL AND THE COlflfUNlIT ^tried tlilf msthod would be Mnt to » hmatie jyiom; tmt it Jii«ooii»^ywh»tii dona in OUT courts Tlie priK»»«r i. told ha ii Ud-^«id ho i.; th^^ tent— to be nuMle better 7 Not at ell. h«^^!!!r!;w^*5* "^ •g»inrt thepriioni, it ouuiot >» •hown that th^ erer were dengned to refann tiknprfwe l»a in the pnipowj for which th^ were built, which ii to detain and pnnidioriminab. The extent to which ihBj do pnniah yaries greatly accordins to the anteoedente of the penon who ii lent to t£m. On the derk and the kboorer who have reoeiyed the jame sentence its phydoal effect may differ veiy much. If both are pnt to do labouring work, as they veiy wen r*^J!' !! *^ "»d of the day the man who is accns- tomed to it win be less hurt and fatigued than the man uLrf ''**" ™^ to other employment. M the object is to make them aU ahke uncomfortable the ^k should be set to dig a trench and the labourer to ^^L,^^^\ tiie end of the day the one would be •toined with ink and the hands of the other would be stogmg or bhstered. As it is the work done by the Ubounw is child's pky to him, but it is toflsome to the man whose occupation is sedentary; to the pubho it is not of much utility in any case. A common method of punishmg offenders is to ttnpose fines upon them, so that if a man has money He may commit any of a hurge number of offencM ^ut any risk of imprisonment. It may even be profitable for hun to do so, for the fines for doing some iDegal acts by which money can be made are in some Mses lees than the profits to be made by transgressing ""f .7* J^ " * ^^^ condition of affaire, ^e pnnoiple of reetitution is one that can be readilV under- Btood and approved, but finee are not an attempt PUNKHMENT 177 to app^ fiioh a prindpfe. Tli^ go, not to Any poioii who mftj hftT» been injured, bat to tlie locel ezobeqner lor the moet put. Thie is a yioioiif errangement, for it ie an incitement to the koal authorities to make as mnoh M they can oil the oftenden in their district ; and whether they are ever moved by it or not, it is not proper that they shoiikl have any inteiest in onw their coflers by such means Fines fall very uneqaaUy as a burden on those sab- jected to them. The azaoant inflicted, (hoagh small, may be oat of all proportion to the offender's means ; haU-a^rown is not mooh, bat it is a great deal to the man who has not got it. Before the same coart yoa may have two men charged with similar offences. One is a motorist who has exceeded the speed limit ; the other is a driver of a light van who in trying to catch a train has been reckless in his driving. The motorist may be fined in five times the amoant inflicted on the vanman, bat to the one the sam only represents a small inroad on his means, while to the other it represents something like a week's wages. There is not one law for the rich and another for the poor ; if there were they might not be so uneqaally treated. There is the same law for both ; bat in its effect it favoars the rich at the expense of the poor, and that is not to the altimate advantage of the oommanity. The fine is an alternative to imprisonment, and in practice it is a pecaliarly striking example of oar whole system of paniahment. The magistrate on behalf of the pablic says to the offender, in effect, " Yoa have transgressed the laws of the state in which yoa live and mast therefore be panished, I do not wish to be too hard on yoa, bat yoa mast either pay as five shillings or we shall keep yoa for three days." Now as people cannot be kept in prison withoat cost being W •■»• .1 i'l i I ' ' »;« THE OUMINAL AND THE OOlfllONnT tiMN^taenind. the •0nt of th* hbImim It lint m «n Ui own Mooont tha tunmr vmthm tmZ^maH •w«Artfe of doing yeiy wioked thingi, end thel ii • very good leeeon for intflfiering with them ; bnt it if no reeeon for interfering in inoh e way thet we Me eU burdened by it» while there ir no leeioneble expectation that they are being brought to a better frame of mind. UntU late in the laet oentnry the Grown ProMcntoi craved for pnniahment on those who had committed indictoble oflenoee "in order to deter othen from committing the like o£Fenoe in all time coming." That form hae bee^ dropped, but the theory ie still widely held that r jiishment deters others than those convicted. The prison returns show that there is no reason for claiming that it deters many o: those who have been pnnished from repeating their offensive conduct. The "others "in some nnmbers are always recruiting the ranks of those who habitually transgress, but the great majority of our feUow-citizens keep out of prison. Are we to believe that this is because the pmiishment of the prisoners sent there has deterred them from committing offences? It may be the reason; bat it cannot be proved even if it is. For my own part, I have never seen any cause to believe that my acquaintances and friends refrain from beating their wives and from taking what is not their own because if they did these things they might be sent to jail ; and I have observed that those who theorise most about the conduct of others and its causes, are frequently quite unable to advance any evidence from their own observations and experience that would support their theories. I «»o THB CRIMINAL AND THB OOlOCUNITr 1?^ «« bt no doubt tluH tho dteiifltd iiifkis tmnn^iryf."^.?^ *!??"> would »,m» tlio JSTSS^L^.^ tf»«Mdm MO liooatt limply ol^hwiMl^ «.djno» knowl^lgo ^ tf »h«y owimad thirt the m«M of thdr Wto^S^ Aio no wone Hum th^. •wwwHaiMani In a^ day at Mhool lomo boyi won unmoroifiiny wb;^ whan the «.rt«r got Inii • t^ olthdrWquity. The theory wm that thSidiocn^ othere from committing the leme off«nceirbi*M ^1^.^ Ptai-bed for the rtupidity of them! !T!Lt Tf *f^ •■ '®' "»y wiJ'nJ miMoodnot ontbefr parMhe theory w.. not in .^ Pwottoe. When tome imfortimate onlprit wm called «p, the feeling, of the lert of «. wi^of a mb»d n»tnre. I^ we were wrry for him, but the d^ wai dependent on our perwnal regard for him ; pwtly »eie wae a feeling of contempt for him in lo for m II!Jr***u ^*^* *"*^«** ^ ^ J>*n»»M be caught: PM^ there waa aome curiodty a. to how he would dMneanhimeelf; and mainly there wa. thankfuh«2 ^ dILT" "*? ^J? "i*^- The puniAment did ^Aif^^^ of ui from doing the iame thing; but it did make ui m<»e careful in the doing ofitTiid it J^ wnuj a training in dupHdty that ^pear. to hay^ been of u.e to them in their buidneis cSoT In BO far as the teacher was conridered to be* a tyrant if he could disobey. eepeciaUy if he escaped. Even t^'sT **"«^* '* ""^ ^°* ooniadered a disgrace, and if he were severely punished the dum^ he had shown m playing hi« pranks was overlooked FUNnHMBNT III •Bd he WM tvMtod with tht itipMl dw to » BMiljr. It WM a omU mAtler to htmk the iiiMtw't mlM, tlMogh nobody oMBd to be oMgbt; batr.wM»ierioiM thing for » boy to oatnae the ftendeid of oondnot whioh WM tOopM by hie neighbome. The teeoher who knew thie oonld oonunend obedimoe eo l«<" g ee he worked on the knowledge ; end H fai the leme with men ee with b(^. They reeot meet powerfully to the opinion of the oiiole in whioh thqr more; ifitwefenot eo th^ would eoon oeeee to be membere of it. Who iete the etendeid it ie nenelly impoeiible to ley; bat eeoh inflnenoee the other, elthongh one pereoneUty may be mora dominent than eny other. He ie the bed one when there ie a bed one ; not beoanee he ie woree morally than othere, but beoauie he ie ueually more daring and aotive; and ae the oommandmente by whfoh boye are ruled are mainly negatiTe, hie poeitiTe pereonality bringe him into oonfliot with the».i and kade othere after him. But there are eooial oirolee in our midit whet« men are phM)ed in the eame reUtir ^9 the kw ae boye were at eohooL They are told to .. )t it, md they know they mnet obey it at their perii. out it appeare to them ae a eeriee of aenaeleee and onjnit prohiHtione whtoh interferee with their oomf ort end doee not offer them any protection ageinst their enemiee. Iliey do not need poUoemen to protect their p r o per ty , for they have none to protect ; and they feel quite able to k)ok after their pereonal safety. What they would appreciate would be protection from what they consider the exactions of the factor and the tax-coUeotor, and there ere no police of that sort yet. They haye no respect for the law any more than I have reepeot for a steam- engine, thonfi^ I keep out of its way. If the hkw is something that protects other people from them, but - '< ; I- n Ii: •»» THB CADflNAL AND THE COMMOMTV *t2^dirtrprt it «d it. minirt,«f°bnt1hrr "terw. gwrni*. who do i«g«d the Uw m wmrthtog ttatit ta p»»,worthy to teeiA. I m, ,„* ^^ tanng to a Bum who make. • Bving by theft, but to ^y^ Pjople who <» b»«ghT?p L i^ IS di^ aod who thoe ooiit«ot iiverted ideMrf mcn^. Granted the exirt«,oe of «iohoi»Cit J. «-(y to «e how deflaooe of the law may ^T™^ «« «4»«Wtionof hisfdlow.; aadrtSTSS Pjrt. of the o^ wh«te homage i. rendered to 1^ u- K^-T *«»q»«>tly anddeverly «Z^ uS Uw by rteaUi^or by tricking it. 4««ntSvei- l!^ ~ :^ ^'^ honertylS* e.tJSned a ,SJ^ «d the thief . rake, and bnny i. the ideal ohaiaotM^ th«» » no rea^n^for any wonder that inT^t^ rfpnnidmwnt. there i. no took of oBendm oC^ a«m to the extent of oaiuing them to modify th^ «»^of operation but the bogey we fix u^pJi SS wamng win not make them virtuou. or oiuTt^ to alter the rtandaid. they have wt up PoniAment doeanotdeterthegreatnuwofonr ^•:^^*T.*^ committing oJtae.. They « law-ahidrng beoau«, they have no inoBnation to brS ttemmdwe™yhe^^a«»3^ I«»<»W«o»S to lemember when in 1886 it was nmrwwu^ ^^nm Home Rule to lrel««l; we jL^J^S-^flS «^t oitijens thrertening to t^uHr^ «>« allow the p,opo«l to be o«ii«L ^y^ FUNI8HMBNT i«3 genuinely aUumed f<» the Miety of their friendi, and their reepeot for the law took a hack leat for the time. It if an eaqr matter for many of us to itand by the laws, for we have not felt their pinch. That may be a r e aa on why there is always snoh a difficulty in chang- ing them, and why almost any change is supported by the poorer classes. Certain it is that even among the honest and welldoing poor there is a suspicion of the law and a reluctance to have anything to do with it. Those who are definitely at war with it and those who may be tempted to join them, are the only persons whom we may reasonably hope to deter from the com- miision of certain offences by our arbitrary punish- ment of those whom we catch ; and even in their case there is no ground for the belief that the deterrent effect is such as to cause them to mend their way of living, but only to modify their methods. The real deterrent is social opinion, and when one of them comes out of jail it is quite evident that his imprisonment has not caused him to sink to the smallest extent in the estimation of those whose good opinion he values. Serious crime has steadily declined in Glasgow as the nests of the criminals have been torn down. They are much less potent for evil when separated from each other than y/rheiD. herded together ; but now and then there is a recrudescence of brutality and violence followed by demands for more severe treatment of those who are captured. In France, lately, the guillo- tine has been brought forth again with the object of frightening the bandits. I know nothing about con- ditions there; but it is quite evident that here we might have such a demand resulting from an outbreak of crime, caused not by leniency of treatment of prisoners, not caused indeed by the way in which any part of our penal system acts, but due to the m «»4 THE CHlMINAi AND THE OOlOfUNTTY „ *■*" wffl not be takm from hfai. thov^b. «™P«"<« !>««<»», bat Mine »»«m^r7 rf «.bMt«M)e M to how be i. obtefaiThTh^ «^ fiua« ««.fiM>tko. to deal wittlS MeSe' bSr,^^!^ "?«'** the b««,rt «d Uw!K Z^^ «*>" not take pUoe there ; bnt taewS »»»to.«je not pwperijr managed; beUnLNSHS^ The treatment of the criminAl insy be irf« m. i* blaiM the method of treating a typhi oawMhnl^ w bl«ne the leniency of the oourte fc^ of OTime yon may haye in the aroae whi^^^t^ to be mftmtnA J{*k .— • . 1 *^'** wmon aie known A«r*!r u ^ onmmab. All the elemente an *he«e f or iuoh an outbieak. and if it oociwiriS^ PUNISHMENT 185 beoMM we have permitted them to oombine. Howiu we aie justified in making one penon the icapegoftt lor the nns of Another, even if we ooaU do it, is a matter for dimsiunon by thote who are oonoemed with fooh problems. For my own part, I do not think it lair to make an example of anybody, as it is called, and I do not behere that it uenres any good purpose that oonld not be better attained by more ratkmal PART III I : Tni TREATMENT OF THE CRIMINAL m I s CHAPTER I TBI MAOHINBBY OT TBI LAW The police and their dntiee— Divided control— Need for knowledge of local peeuIiaritie»-The fear of "corruption"— The police cell— CleanlincM and discomfort— Inaailicient provision of diet, etc.— The casn^ snigeon— The police court— The untrained mafliitrate— The assessor— Pleas of ^'guilty"— Ctee ^Apathy of the public— Agents Tor the Poor— The prison van— llie shenif court— The procurator-fiscal- Proceaure in the higher courts— The Scottish jury. TO the majority of people the living represen- tative of the law is the policeman. It is his duty to protect the citizens from evil-doers, and to arrest offenders. He is the subject of a good deal of cha£F, but his position is generally respected ; and although men get mto the force who by temper and experience are quite unsuited for their work, the great majority discharge the duties laid upon them in a manner that is surprisingly satisfactory, when the demands made upon them are taken into account. They are supposed to have a knowledge of the law, and for practical purposes they must know something of medicine in order that they may give firbu aid to the injured ; they are expected to be able to answer questions of an exceedingly miscellaneous nature when asked by the passing stranger ; and they require to be always cool and clear-headed, to be ready for any emergency, and to have a temper that nothing can 189 H I I h ii »«« TOE CWMINAL AND THE OOMMDNmr to ti ^^"Ss^;;;^ >««« th« th.t giv« fa the town. Yeta m^^/.i.^"*-*"' » "«>» ««e owe -xolude. Ttb^ tSS r* \°l^»« » ft- » fa. *o th. public iH««» ttTaSTL^t*" ~* " 5:!'*^ to W the rt«dMd of effloSZ; C*jrth« ?T* the stsndaid of haiirlit ♦!,. i ' "J"**", the higher •«<*>n<>yi^tmd^^Sl J°'^ *'«' "tandMrof of ohoi^Cji^ • •***"* "* ""• '«'»««» 'n-e.^t.tives.buns^',^^*!::,^^^ •ny oonoeptiaii of dvio i»Bd. n • *?''~^ »» Military nudel ^.A^u- TT^.' " " oiganised on > ««M M ^' ~i- '''f* ^ fa«Peo«on by « nUlitorv what euoh «rfam;otor^^"T'?'^»*'*fag district who^TpK^L^ °L^ '^ ^^ famtotenwhS^ainmSfii,^l/™r«r'*''" ^ out his toe. nice^. ^ Z^^^t^t^Z THE MACRINBRY OF THE LAW 191 ■o !■ aided by their going to inq)eotion in new nnllofiM : 10 that the inipector leee a nmnber of men in new otothei, and decides by their beaihig their fitneis to •ot aa policemen. Thia condition of thingi enables a man to earn a salaiy who might otherwise be on- ^ployed, and if it stopped theie the absurdity might be WOTth the money ; but when a police force is to be Judged and their grants to be graduated, not according to their knowledge of the work, but according to tS ignwance of their inspectors, there is likely to be trouble. If the police require to pay more attention to the mspector who can stop their grant than to representotives of the citizens in whose service they are supposed to act, it is a bad thing for the poliM and for the citizens. Every district has its own peculiarities, not observed by those who live there because of custom, but noticed by strangers and sometimes disapproved by them It IS an advantage, therefore, that those set in positions of authority should be acquainted with the customs and manners of the people among whom they live. A pohoeman will discharge his duties with more comfort to himself, more credit to the force, and greater benefit to the community if he knows those in the district m wluoh his duties lie. Unless he is in touch with the iaw-abidmg elements therein, unless he knows them and has their confidence and support, in many cases he will not be in a position to disthiguish between conduct that is harmless and conduct that is criminal For mstanee, it is weU known that professional thieves depend largely on their coohiess and daring for their success. If « thief " were written aU over them they would starve, and they only earn their living because to those who are personaUy unacquainted with them! they are not distinguishable from honest men. The V. d r. W THE CRIMINAL AND THE COICMUNITy 2' "^^ « Jf *- not know whetW tt» «w« «t^ by MMting • Bum who hM luMl ledSIto b«*«« 00 the p»«l«, „ by Irtttog , thief 5t .w.*^ AB»ta^wppoAig compWnU !»▼• been made aboot I»»»r»n hw been inttrooted to h.v» tU. rtoroST ^«*»ta;»te l«rt^ thoee who lu»ve . oert.in'^ SriJ^LiL*"*T*'- ">»«>»" not know thM. bo n.y wprimwd or uiert the wrong people iS^ grthj^OM«fag faonble for bm^OtZly^Z^ ^^ ^ need neyer have been arowed^hole Afflonltiee into aooonnt; and it may be that thoM ^."ir^y^ ^f P""** Wm in what i^ X aU, ^jhbe podbon. have not «riBoi«ntly oonridMS the evil lemdt* caowd theieby. "««»»» Tto niilitaiy habit of anuming that eveiy man Mhke every other man, and ihifting people about bke » maiV doll., ha. it. di^dy.nt^Vdy^'SS IC^ d-ty » ••9»»^'o<» ^^ the condition, fa which he u plaoed or i. ignorant of them. Even S rt^ of a comt not only di«retion but knowledge M nece«aiy on the part of the door-keeper, and^ n^to rccognfae thh rimpk fact a S&^ ^ •topped at tte door of a High Court; a ProcunM^ Fttoal after thirty years' wrvice fa the court hubZi THE MACHINERY OF THE LAW 193 VBfnted •dminioo ; Mid the medioAl oflkw in Altend- Moe hM hid to demuid to aee a •aperintoident beforo he ooold g»t In. II moh things an poMihIe in OMM like thew, it if quita clear a good deia of tronUe and annoyance, and poMibly a good deal of injnttioe, may nmilt in quarters which cannot be laid to be inflaential. li* 4f^'^ tiiid that it ii adviiable to move men about from one district and from one duty t<> another in order to prrvent their possible cormption: bnt the men are neither so stupid nor so bad as this reason would imp^y. The person who is oorrupt will carry his corrupt tendencies with him over a wider area and be quite as dangerous there ; for the less he is known the more readUy will his personal defects •■cape supervision and criticism on the part of those among whom he works; and it is better that he should be discovered and dismissed than that the great mass of policemen, who are neither stupid nor corrupt but who are honesUy seeking to discharge their duty fa such a manner as to gain them the goodwin of their fellow-citizens, should have their work rendered un- necesssrily arduous and difficult. Too much is expected of them considering the opportunities they are allowed, and their faults are due more to the system by which they are ruled than to any personal defects on the part of the men. Anything that will bring that system more fatimately fa touch with the needs of the com- mmiity and more sympatheticaUy fa contact with the d^culties of the poorer classes will help towards the efficiency and also the comfort of the force. When a person is arrested on any criminal charge he IS firs taken to the local poUce station, where the charge IS entered. He is searched and placed fa a cell, and if there is anything special fa the charge against m i ■ . ■r- t f \i ; II i 194 THB CROONAL AND THB OOMICUNITY Um, or in liii i^npMitiiM and btlMTioiir, hif tntlBMBl may bt nodlllwl Moofdiiig^. In the gmi majoiiw of OMM the pmoo MVMted to on^ » potty oifcnder at mutt. If ho hM monoy iuflloknt, ho may hand it ottr at baU and bo idoaood with a notioo «hat if ho dooi not i^ypoar at a timo and plaoo ipodlioa ^ money win bo f orCeitod and ho may again bo takm into eno- tody. If ho or his friondi oannot loavo a pledge for hie appoaranoo ho makeo aoqnaintanoo with tho toaUD» of adminietmtion. He beoomee tho tenant of a ooll whore ho remains tiU the dtting of the oonrt next mofning. If the ooD aooommodatioo ie fnl^ t^n up he may have oompany; and while oreey oilort it made to prorent dd oilendon bdng phioed In tho same ooH with those 1^ aie in for the fint time, the best that oan bo done is bad. Ahhongh prisoners are presuned to br innoeont ^they are fomid guilty, they an in many respooto worse treated while waiting to bo sent to prison than after th^ arriTo there. This is not the firalt of the pdlioe so mnoh as that of the anthoritieo who are re^onsible for the aooommodation or the want of it. A dnmk man may be a very he^jileeB or a very in> tractable pereon, and little oan be done for him tin he is sober. His condition is such that it is quite deai^ not tho beet practice to put him in a oeU and leave him there. It ia no mioommon thing to find that tho dronkenness has masked some more serious condi- tion ; but even although there shoukl be nothing behind his intoxication, the man is more bable to contract ffl- neee than a eober pereon. In leee enlightened countriee than ours such prisoners are not left alone, but are kept warm and placed under observation tin they are sober. Iti our country they are less carefuUy treated. Drunk or sober the prisoner is in an uncomfortable position. THE MACHINERY OF THl LAW 195 V^ PoUot liAT» fUficoHiM to oontend with that •••not pramit in the ptitoni. The pfiioiien thaj "«••* •» not AppfMiAb^ mote dirty thvi whoi they mif mt the priicm, but in the poUoe oelb theie ■M not the Mune fioiUtiai lor meUng end keeping thinficleMi. TheieiinotiipplyofireehaHwrendnot a genefoaa proriiion of piOd oleenen, end the oelli m iome oeeee leem to be oonitrnoted moie with » Tiew to iftTing the expenie of deening then to ptoriding tor the leeeonable onetody of prieonefe. Wooden ilooneie lees eeai^ cleaned then eepheH or oement, end both hi the priaona end the police oeUt thie eeemi to detennine their oonatrootion. It ia • piece of aenadaaa cmelty in adimeteaaoh ee onn, ea anyone cen ejaUr find out for himaelf if he carea to try. Inaooha place eran hi warm weather it ia diiBciilt to keep the feet warm, and ooU feet do not improve a man'a temper The newer oella are lined wiih gbeed brick fa MBnnoe to aome aanitary notiona. It ia a great pity that the ^poetlae of aenitation cannot be compelled to Uve fa the pbusea they deaign. No donbt the ghwed waOa are more eaafly deened than whitewaahed brick wookl be, bnt th^ atrike a chill fato the ocoupento of the piece, end moiatnre condenaea on them fa a way that it doea not elaewhere. Cleenlineaa let oa have by all reeacmable meana, but to be dean it ia not neoeaaeiy to be nnoomf ortable ; and each methoda are enough to di^guat with deanlfaeea thoae who hav« to anbmit to their reaulta. Another objeotionaL i ^ feature of the cdl ia the pieaenoe of a water-cloaet m It. Surdy the aanitary expert haa been napping when thia waa arranged ; but here agafa the matter ■eema to be one of expenae. The reaacnable way would be to eaoort priaonera to a place when Mceaaary but that wouU mean the proviaion of a proper ataff f I M M II i I ! I i . I 196 THE CRIBONAL AND THE COMMUNITY > of warden. The cell is otherwise unfiimiihed save for a raised slab of wood which takes the place of a bed. There is no bedding provided. It is a barbarous provision for the man who is presumed to be innocent. As for his diet, there is none prescribed. He may have food sent in or he may have money to purchase it. If not, he will have to get along on bread and water, not having been proved guilty. In the morning he will be brought before the court, and if he asks for it he may have water to wash himself before appearing there. Cleanliness is not enforced, though it may be encouraged ; but judging by their appearance when admitted to prison, not many have sought the water- basin during their stay in the police cell. By the Summary Jurisdiction Act, 1908, it was provided that persons should not be kept in police cells for more than one night, and all persons remanded were sent to prison, to their distinct advantage ; for there the staff and conditions are arranged for the custody of prisoners, and they are free for the time being from the noises incidental to the arrest and con- finement of drunken persons, while they have a better chance of having their needs attended to. This pro- cedure entailed more work on the officials, a difficulty that could easUy have been overcome by a small increase in the staff. It meant not more trouble than is necessitated in the case of persons remitted to higher courts, and if the interests of the prisoners who are presumed to be innocent had been considered the Act would have remained in force ; but their convenience was not represented so powerfully as that of the officials, and reversion to the old, bad plan of retaining prisoners in the custody of the police has taken place. They may be kept in the police cells for forty-eight hours. THE MACHINERY OF THE LAW 197 Some of those who are arrested may be soffering from injiiries or disease. To attend these a oasualty surgeon is eriploj&ct. When he is asked to do so, it is his dut} to call nnu see prisoners who complain or who are oli^lausly ill His pay is small ; and from it, until lately, he Had to provide any dressings and medicines that were required. It is not part of his duty to see every prisoner before the court begins. Occasionally people are sent to prison who should never have been brought before the courts at alL Both police and surgeon are placed in a very difficult position by the system. The police may err in their judgment as to the condition of a prisoner and may fail to direct the attention of the medical man to him. On the other hand, if they call in the surgeon too frequently to see persons who are not in need of his services he may reasonably complain, and dissensions may arise on this account which will make the working of the system irritating to all parties. In order to their comfort, surgeon and police have to make allow- ances for each other and to stand by one another in a way that is not likely to make for such efficiency of service to the public on the part of either as is desirable. When some extraordinary case attracts attention blame is lavishly showered upon the police ; and it is generally undeserved, at least in the form it takes. They are not to blame because of their failure to do things for which they are unfitted. They may be to blame for not protesting against duties being thrust upon them which should be performed by others. It is misdirected economy to underpay medical men, and until this is recognised accidents may be looked for and incidents will occur to shock the public because of the injury which some person has inadvertently sustained. 1^ * ir i i 1 ■\ 198 THE CRIMINAL AND THE COMMUNITY In the Conrt the Bmgh Pwourator-KBcia may pfoee- cute, or hjs depute may act for him. In Ghwgow with »U Its pohoe ooortB there is only one trained bwyer who proeecntes. The great ma« of the ohargee are OMidncted by his deputes, who are invariably police ^T"' ^,/*°^y '^*««««» « inany cases are^n- ■tobies and the prosecutor is one of their superior officers. It 18 a state of affairs that does not ii^ess •n outsider by ite wisdom, and it is not regarded by those who come within ite scope as being fair. The pohoe have too many duties thrust upon them. i. «? ^^''^^.^ *^® 8^* "^J°"*y o* «««8» tliere w an untramed ludge. In Ghwgow there is only one stapendiaiy magistrate, who is a trained kwyer. llie others are magistrates of the city, who have to discharge a multitude of duties, among which is that of Mttmgm judgment on their feUow-citiaens. They have been ekcted to the Town Council to serve their con- Btatuente as members of that body, and in due course ^ey are made Bailies. Nobody pretends that they are tiiereby endowed with a knowledge of the law, e^ri- ence m weighing evidence, or the judicial nund : but they are mvested with judicial powers, and in certain cases can send men to prison for twelve months. They are usuaUy men of excellent character and mtentions, but unfortunately both of these qualities may east with utter incompetence from a judicial standpomt. The draper would not admit that a grocer could exchange busmeeses with him and the concern go on as wdl as ever. Each man knows that to learn his o^ trade requires time, to speak of nothing else ; but they appear to believe that aU that iTrequired to enable them to execute what in kw stands for justice IS the possession of a chain of office. Were there any foundation in fact for such an idea many THE BIACHINERY OP THE LAW 199 weaiy yeaw of study would be saved ; for it is easier to get a chain than a licence to practise. Thattheyare iMuaUy quite satisfied of their own fitness for the work goes without saying; and it would be a piece of vanity as harmless as it is foolish if the liberty of so many were not placed in jeopardy by it. It has been BTged as an argument against the appointment of teuned lawyers that there were fewer appeals from the decisions of the Bailies than from those ^f the professional man. This is meant as a testimony to their supenor fitness, presumably; for the only relevant inference from the statement is that the Baihe IS better qualified to act as a judge than the man who has had a traming in the work. It is a startling twtnnony to the superiority of inspiration to reason, ^re are no testunonials from those who had appeared before the courts either as prisoners or agents, however ; and the plea is not convincing. That it should ever have been made is a striking commentary on the fitness of those who made it ; or on their modesty. Appeals from police-court decisions can only be made on a case stated by the magistrate whose judg- ment is appealed against. Tramed men are not free from Lability to error, and they recognise the fact. If a case is stated in such a way that the issue is obscured there is no use in attempting an appeal ; so that freedom from appeals may as readily be a testimony to the inefficiency of a judge as to his efficiency. It may afford a presumption that he is not only unfit to try a case, but not to be trusted in statmg one. To suggest that it affords evidence of the superior abihty of the draper and the grocer to the lawyer in law mattere, is to presume too much on the credulity of the public. If they are reaUy so splendidly endowed it is surprising that they should ml m -^Tn'i ! I 900 THE CRIMINAL AND THE COMMUNITY not plaoe their starWoet At the diipoMl of one another when » qneetion of trade oaiuee dispate. In that they might be expected to have knoid^lge at least ; but tliough Bailiea liave power to aend men to prison th^ are not empowered to try ciyil causes involving the property of their feDow-citizens. That is to say, they have power over the lives, but not over the property of the lieges. This is sorely a grave injustice ; either to them or to the prisoners. In every court where a bailie presides he is aided and advised by an assessor, whose duty it is to keep him within the law. It is a somewhat farcical situation. The prisoner is there because he is charged with breal±ig the law ; the bailie is there to try him on the charge; and behind him is a legal gentleman to see that the judge does not himself break the law in the process 1 He may either take the advice of the assessor or disregard it, but he is the responsible magistrate. If he follows the assessor's advice, that official is in the exercise of power without responsibility, which is not a position in which anybody should be placed ; if he follows the inner light, the " safeguard " which the assessor is supposed to be is useless. It is looked upon by many as a very small affair, this whole matter of the Police Court, but it is really a very large affair and a very important one. Police Courts are those where most offenders appear for the first time, and from them they are first sent to prison. As the first step counts for so much, it is of the utmost importance that those who come before these Courts should have their cases thoroughly considered. This cannot be done if the proceedings are hurried, and it is notorious that Bailies "try" scores of prisoners in a day, the work not appearing to interfere with their ordinary occupations. Many of the prisoners plead THE MACHINERY OF THE LAW 201 guilty; but it is weU known that there is a widMpread belief among the labouring classes that if you plead guilty you get a shorter sentence. What justification there is for this belief I cannot say, but of its existence and its operative effect there is no room for doubt. They do not seem to take into account the effect the registration of a conviction may have against them at any future time, and pleas are given tibat no lawyer would advise. I do not mean to suggest that people in large numberb plead guilty when they have no knowledge of the offence, but that the act they have committed may have been capable of another than a criminal construction. X 30, a girl, is charged with fraud, which is a suffi- ciently serious crime. She has no previous convictions against her. She is remanded to prison, and there states she has been advised to plead guilty and she will get off lightly. She is told of the grave nature of the offence and legal assistance is obtained for her. It is found that she is a wayward girl who left her people and came to Qlasgow. She obtained employ- ment in a shop, and got lodgings in a part of Glasgow that is not veiy reputable and with people who were not likely to keep her straight. She lost her work and was kept on in her lodgings ; but an event occurred there which made it imperative that she should go elsewhere, and she removed to the house' of her land- lady's daughter. She was there a fortmght]|when she met a woman whom she knew and through her obtained a situation. She left her lodgings and went to live with this woman. At the instance of her former land- lady she was arrested for obtaining board and lodgings on false pretences. It was shown that she had paid her debt while she was working ; and she protested she had made no false pretences, but meant to pay the '.}<'§ 1i I I 202 THE CRIMINAL AND THE COMMUNITY balanoe whmi ihe oonld. The obm wm adjonnied toonablehertodoio. If ahe had not had legal advice and aadttanoe there is no doubt that thia giil wmild have had a oonyiotion for fraud recorded againit her. She hcd got hito had company and was on the way to the gutter, but by ihe operation of the law she would have been driven there. To deal properly with the large numbers which come before the Police Courts would take a great deal of time, but that is no reason why the cases should be hurried through. If a man has the means to fee a lawyer he is in a better case, or if he has committed an offence which is serious enough to cause his remand to a hi^er Court, for there he will get legal assistance free ; but if he is ■imply a petty offender with no one to help him he will probably get dealt with without any loss of time and be sentenced by scale. It is time that some provision was made to have the poKce court made less a police court and more a court of justice. There is far too much police about it for the pubKc interest. Anybody may attend, but few do so ; and the proceedings might for all practical purposes be conducted in private, so far as the towns are con- cerned. The cases are seldom reported, and when the newspapers do notice the proceedings it is usuaUy in a jocuLtt way ; but they are no joke to the persons concerned. A sensational murder is detailed and canvassed as though the only matter of importance to the country was the hanging of the wretch who has got mto the limelight. Every hysterical theorist is anxious to get his opinion of the proper way to treat criminals put before the public ; and all the time we are busOy engaged in putting into our machine young and old who have taken the first step downwards, and congratulating ourselves on the smoothness with THE IfACHINERY OP THE LAW 203 ^rbkh it worin. It ii not erodty that OMues ni to behave in thii way, but iheer stupidity end lack of imagination. Now and then a man who hai eyes to ■ee gets made a Bailie, bnt he makee a poor polioe jndgie. ThoM who look upon themaelvee and are oiedited by others with the heaven-bom inttinot are ae likely tc be the men whom no one wonU trust to be a judge in his own cause ; and it is quite possible for a man who is narrow-minded, vindictive, and caDous to have the fate of his poorer feUow-citizens placed in his hands, and, because he likes the work, to continue on the bench long after his term as a Bailie has expired. If it is important to deal with wrong- doing in the beginning; if it is desirable to prevent people from being sent to prison when that can be avoided ; it is obvious that we must see that our minor courts are so arranged and so officered that those who come before them have at least as good a chance of having their cases weighed as the oM hands who go to the higher Courts get there. The Sheriff may sit to try cases summarily, just as the Bailie does; but the court is ordered differently. The Procurator-Fiscal has no correction with the police. The case is reported by them to him and he makes his own enquiries and may drop proceedings altogether. The Sheriff is an experienced lawyer and he sees that the prisoner's case is properly presented. The prisoner, d he wishes, may have a law-agent to appear on his behalf, and in jury cases it is the duty of the prison authorities to see that a lawyer has the defence in hand. In Scotland it has been the custom for all indicted prisoners who have not the means to pay for legal advice to receive competent legal representation. The Agents for the Poor give their services freely and I K,.. a04 THE CSIMINAL AND THE COMMUNITY oogradgiiifl^. They behave towMdf the poor iwwo who ie •oowed of drime in the lame way •• the horoitid dooton do to the rick who prerot themielves. Inthe coune of their work they have to devote ooniiderable time to the caaee of those whoie defence is entnurted to thrai ; and if the charge it one that brings the for Wm. No person appears in the dock of the High OinrU in Swtiand who has not a qualified membw^ the Bar to defend him ; and the absence of financial means does not affect this privibge. This provision of tegal advice and assistance is not made at the expense of the pubhc, but at that of the profession ; and it is Of as much benefit id its own way as that made for the Bok by the members of the medical profession. I have never seen yoimg medical men work with mora enthn- wasm to puU a patient from the jaws of death than is shown by the kwyers in their efforts to snatch the accused poor person from the hands of the prosecution, to both cases the energy might be expended to better purpose; for sick persons are frequently restored to Health only to become a greater nuisance to their ne^bours, and some accused persons are acquitted and sent out to prey on society; but when aU discount has been made there is left a great deal of good work that was wen worth doing. With regard to the work of both doctor and lawyer, we may some day take stops to see that the persons restored to health do not use their powers to the disadvantage of society, and that those restored to liberty do not use their freedom to molest others. At present we take no account of them once they have ceased to be cases-to our disadvantage as weU as to their»-end no one recognises more dearly than the lawyer that he is sometimes engaged m the attempt to turn loose on society a man THE MACHINBRY OF THE LAW aos who hM no intmtioii of oonforming to ito kwi. On the o ther hand, everyone who has taken pert in the work knowi that were it not f or hia aotkm leiioiia injoitioe would be likely to take {dace. If there were aa fun a proriaion made for the defence of priaonen who oome bdore the PoUoe Coorta aa eziata for that of thoeo who appear hi the higher Coorta, it woukl be alike to the advantage of the oiBoiala, the priaonera, and the public ; but to aak that auch a proviaion ahould be made at the aole coat of theiegal profeeaion ia to aak too much. In apecial caaea they have never been appealed to in vain ; and they need to i^ve more time to one caae than would enable a medical man to attend twenty. Their aervicea are not anfficiently appreciated and known by the general public, or it would be recognised that they have con- tributed to save many poor people from degradation and helped to prevent aoceeaions to the ranks of the habitual offender. No one would propose that prisoners who are called before the higher Courta should be deprived of skilled advice and advocacy unless they are able to pay, and yet there is less need in these Courts than in the Police Courts for the pro- vision that exists. When a prisoner has been remitted from a Police Court he is transferred in a van to prison, to await further proceedings. It has often been remarked that the various departments in Corporations seem to act independently of each other. The Sanitary Depart- ment acts energetically to prevent overcrowding in some oircnmstanoes, but the van used for conveying prisoners to prison seems to have escaped their notice. It is a prehistoric vehicle in the form of a bus without windows. It is divided into compartments each holding a number of prisoners, and the partitians ■MNanJll J06 THE CRIMINAL AND THB COlflfUNITY ooQtrilmte to prarvot proper Tsntiktioii. It it lit by A few pMM in the roof . On a hot day it it itUIing. Aqy Tahiole of the kind won^d nerer be lioented for the oonnyanoe of otdintiy ptttengtit, Animid or hnnuui, by m modom ttnita^ authority. The pretiding Judge in the Higher Conrto it either aSheriiloraLordof JnttioiMy. The Sheriff hat Jurit- diotion oyer a Connty and may dt both at Judge and Jury ; that it to tay, he may tiy oatet tommarily ; bnt hit Court differt materially, even when he it dofaig ■o, from that of the Burgh Magittoate. In the firtt place, mora public attention it given to the proceedingi, for the higher the Court the greater it the interett thown in itt work. 'In tmall country burght thit rule may not hold good, for there the inhabitantt know more of what it doing in their midtt. They may be acquainted with po uoe. Judge, and offender, pertonally ; and in that cate are likely to take a lively interett in the proceedingt, criticiiing freely all the partiet and influencing powerfully the tone of the Court; but in a great city the Police Courtt might at well be held anywhere for all the effective public tnper- vition and informed critioitm they receive. Then the police are not protecutort in the Sheriff Summary Courtt. The protecution it conducted by a Procurator^ Fitcal who it appointed by the Lord Advocate, and who hoklt hit appointment for life and it not in any way under the authority of the police. The Sheriff it a man of experience in hit profession, and is continually engaged in Judicial work, mostly of a civil character. He is not meiely or mainly engaged in dealing with oriminab, and is not likely to acquire a subconscious prejudice against the defendant. The Lord Advocate is the head of the department concerned with prosecutiont in Scotland, and no > THE MACHINERY OP THE LAW J07 orimiiul Mtioii oan be tdmi witlioot hJi dinotioii or oooonmiioe. PriTate proMoniiom at oommoii law AN praotioalty unknown. Hii depntet Mi for him in the higher ConrU end Me fautmoted by the pro- oimtore-flfcel, who eie lolioiton end proMcnte in the Sheriff Courts themwhree. It it their dnty to m ^k t mqniriei into ell cheiget with whbh the PoUoe Courte «e not competent to deal, and thew enqniriea aie ooodncted prirately. I^xmi the time a prieooer ia paned on to them mitil he appears at the Court to plead or to be tried there are no public proceedings against him. He is brought into the Comrt at an ear^ stage, the charge is read over to him, and he is asked to make a declaration. A law-agent is provided for his a ss ist a nc e, and he is toM that anything he says by way of declaration may be used against him. The agent may advise him to say nothing and he usually does so, his declaration amounting rimply to a HatqU] of the charge. This is signed by him and read at his trial, usually ckMing the case for the Crown. While the declaration is being taken the public are excluded from the Court. If the Procurator-Fiscal considers that his enquiry does not justify further proceedings the charge is dropped, provided the Lord Advocate agrees ; but if the authorities are satisfied there is a case for trial an indictment is served. In Scotland when a prisoner is indicted to appear before a jury court he must be served seventeen days bdore his trial with a copy of the indictment, con- taining the charge, a list of the productions against him, and a list of the witnesses to be called for the prosecution. Seven days thereafter he is brought before the Court to plead to the charge. If he plead guilty he may be dealt with there and then. U he plead not guilty his plea is recorded and he is sent ■■ «■. to8 THB CRIMINAL AND TRB OOMMUNITY Uok tffl Om woopd diti of th* ooorl. U h* to Ml vp * ipMial dtfmM, Moh M inMiiity or an Alibi, Botioo of mdi cMmoo hM to be gtrwi at tho plaadtaig T«itment of the day. but he i. not nmially a Membw rf Parhament The Sheriff of Perthdur; in ^ rf ha oi&e h«l a place on the board which managed tte old PMatentiaiy at Perth ; that i. problZX Z^ »?, S '. <^*»»"^on" of Pri«on. mider the Act Of 1877. It 1. certainly not becanw Perthdiire fa a county which contoibute. many criminal, bom ito Court, to the primn population. ^^ Ttee are thus two kwyen on the Board, one beins «««*" «d the other being the wlidtor in wh«i ^ pnbho pro»cution. are directed. The other Caimm»on». are permanent civil servants/appointed by the Secretuy for Scotland. rp«»u«w At Bat there were abo two Inspector, who nve tfee» whole time to the work of vi!^ the^S CT "S? 'S^'^ °° *^" condition*MMi n^ there h«i been a change, and now ibe Seoretaiyrf theCommifBion u the only Inqjector ^ Oommfadoner. themwlve. vfait the pri«m. and "-l»otthem: but «i Jhey are renKmaWe for tte 313 THE CRDCINAL AND THE OOBfMUNnY management, the airangement is open to the oritioiim that they report on their own work, without indq^ien* dent inspection. The Secretary of State is the head of the Board, and is responsible to Parliament for the work of the department; but his sole means of knowing that work is the reports he receives from the Commission. Whether on all boards Members of Parliament should not haye a place and power, just as members of a town council form the supervising authority over the work of its departments, is a question that will bear discussion. At present the Member of Parliament can only make himself a nuisance by asking questions ; that is what it amounts to, since no matter what the answer may be, it leaves him very much where he was. He is usually as ignorant at the end as he was when he began. Some aggrieved constituent having more faith than knowledge has made an ex-parte statement to his representative, who puts a question to the Bfinister, who passes it on to the department con- cerned, which transmits to him the answer given by the person complained of, which shows that there is no ground for the complaint. It may be uncomfortable for someone, but it is not business. If the complaints are too frequent or the complainers too influential to be disregarded, the Minister forms a committee of enquiry which turns things up for a time, censures somebody who in too small to cause trouble, makes a few apologetic suggestions for alterations, white- washes with liberality those who most need it, and presents another report for the waste-paper basket. Spasmodic enquiries can never make up for sys- tematic ne^eot, and their effect is seldom to cause as much improvement as irritation. The danger to the public service is not from corruption, but from the THE FRI80N SYSTEH ,,3 «BdJ mind getting mpared with the work done by them in other institutions they are well off, but there is not a rush for vacancies. Both male and femak warden in Scottish prisons will compare favourably with any other body of officials ; and the prevailing spirit shown by them towards prisoners is kindly and human. p- ? CHAPTER m THl PBI80H AXD ITS ROVTmi lUe^tJon ofUie priicmer-CUMiliiw. and ord«r-The pbm of tht |S5?-S*' «»"jTTheir faniitii»-.Th6 di.t-Tke'dShSi^ It*. -Sf iy^^rX^** ^^ "P«««»ti»tiveB of the Chnrebw Swi^tion Amy-Rert-RecmUon-The priaon liCSLLM. tum-The •iring.yardT-Pliydcal dria u»»«y-Leo. ONCE priflonen are within the priaon their oon- oitaion is much more comfortable than it had XI. i.^"* ^^^ *^*y ^^^ ^'^^ <*« charge of ^epohoeman. When they leave the van their iden- tity is checked and the warrants for their detention aremspeoted. They are then passed into the reception- room and are placed each in a separate box. They Me takra one by one and questioned as to certam detaito that are noted for purposes of identification and for statistical records. Then comes the bath TbB pns^er removes aU his clothing and an inventory of It IS taken. When he leaves the bath his own ctothini has been replaced by a dress provided by the State. His clothing IS dismfected and placed aside in a bundle, against l^e time of his liberation. He now receives a copy of the prison rules, which he must obey: a Bible^hich he may study; a hymn-book; an mdustry-card, on which his earnings wifl be noted • and some other articles ; and he is passed on to prison. aao B i THE PBI80N AND ITB BOUTINB aat HIi Hfe tlMTB if one of monotoiKNii lontiiie whtther hit MDtenoe be ihort or long. The prifOD laipriiM vidton by ito quiet aad by the ooiin>ioiioM deenliiieM which i. it. chwwtirirtio iMtrn. Tet H is not rarpriiing th*t people ihonld u « J** "S^ **>• PJ^ <*«» MMl tidy, when they hMre littte el» to do end no opportunity for making it dnrty and nntidy. The oleanUneM and tidineiilS a priKm if difieient from that of any honaehold. It ia not the oleanlineM and tidineM of healthy life. It it pwrt of the priaoner'a work to keep hia cell and ito fomitiire in order. One thing viaiton cannot miae seeing, yet do not observe, though it is of much more significance than the cleadiness they admire: the good temper and teactabihty of the prisoners. That a prisoner should be clean is wonderful ; that people who have been committing breaches of the peace, assaulto, thefto, and have been generally a nuisance or a terror to the pubho, should be moving about at work or at exercises qmetly and peaceably, shouM be so obedient and teactable that one warder can bok after twenty of toem and seldom have anything to leport to their discredit, is far more wonderful. These people are ■ent to prison because they cannot obey the law but while in prison they are not rebellious ; so that it 18 reasonable to infer that there has been something in the conditions of their life outside which hasled ttiem into misconduct, and not that they are in- herently incapable of behaving themselves. The modem prison is bmlt on a simple plan. Roughly It may be described as two blocks of cells joined by a gable at each end and roofed over ; a weU being left between the blocks and lighted from the roof. All the cells have windows in the outer, and doora in the Sit THB CBIMINAL AND TRX OOMMUNIIT walk BilooniM ran loand IhtM iiiBtr walk, tanidiioli aooMi if hud lo Um odb in Meh fliil. Tbe oeOi in wliksh tlM priMMn an oonflntd aM inpartmniti mMraring about 10 fl. by 7 ft. bj 10 h. higb. Tha parlitiQiia and looii of tha odb an of wbitawadiad bffiokwork, and tba floor of atona and aqibah. Baob oaD baa a Utlfe window in tba wall near tha door ^aaed with oboouad gbaa, and on tba ootaida of tbaaa windowB a gM bfaokat ia plaoad. At nii^t tba oall ia lit by tbia airanfamflnt, wbiob iittnfaifiiff |||0 amoant of Ugbt and fizaa ita aoona in a ootner. Itiadaaignad to pio?«nt any pataon from attampting anioida by inbaktion of gaa ; bot in inatitntiona wbara attampta at anioida aia mora Ukaly to taka plaoa otbar maana baya been found to provcnt tba adoption of tbia mathod. It enamea tbat one hundred thooeand peoplaaia inoon- ▼enianoad in ofdar that one may ba prevented from ending hia diioomfort. There are othar waya of biaak- hig a wafaiiit than emibing it with a atoam-bammer. A priion cell doea not oontain maoh fmnitiire. The bed ia a wooden abutter hinged to the waD, eo that it oan be folded vp during the day-time. When not in naa the bedding it roDed together and pkoed in a oomer of the apartment. CSonvi^ed male prieonera who are under aizty yeaia of age are not allowed a mattiees during the fint thirty daya of their impriion- ment ; they juat lie on the board. I do not anppoee that anybody imaginea that a man ia more likely to lead a new life if he is made to sleep on a bare board, than he would be if he were allowed a m attre s s . It is intended to hurt, and it will hurt the more sendtiye in a greater degree than those of a coarser constitution. It is a part of the system, and will go with it when people wake up to the fact that it is a senseless tHing to set about to irritate and annoy others. THB PSmON AND ITS BOUTINS aaj mm tt^ wodd be ttttb edb htbm f- 'h. Th. ^ drdk of ^ WM MmM to th. wjfa bJ^ •A. The giM. WM ol thrt TUtofy thM di^ w-ythta, «»n th»«gh It wh« it h u»d lot wta^ «»i wh« it i. d^ «d ««„rt«i into r«fa5 the «ffeot if peoaliM. •««"« • obwmoUthop^, woh M to glv«n to eortomm M , oJ«d« by nu^y ihopkeepw. rt th. mSwW iSTtL^lf .f*^ «d ««• print. Ud woA «dlS Mt though Aey may b«. idtov, the bMe, ugly wauTS tto <*n^ «rf ladioate . oon«riou«»« thlt th. pZS fl^fanotquite«>p.ri«rt«iit»rfghtbe. V^S«r MV •«* mibgution. (If it nn dway, b. oalMa mitigation to tee youi iaoe twtoted out of ih«Mi and to gaM npoB • nntimental ohramo) an worthy rf the f>« made about them to another matter, for the mlfa q«*l« to not whether imprtoonment diould be nutigated,butH-what to it* object t Jto Soottond the dtot ine«»ibed to a Teiy .impk ^J? '?°iJ**y "" •»P'» '" ^ ""^ «« the grit J^y of Oje pjtooner, I^leed, a fUr proportSL reoeive more than they are fit to consume, oiemedical officer may reduce a diet to prevent warte; or he av moreMe a diet, a in hto vfew the prtooner require. »«» food. A. I belfeve that neily eye^^ taow. hi. own need, a great deal betW.' than ttio diet fl*oiab«^a requert from a prtooner for more food to never refund provided he to oonmiming all he get.. 334 THE CRIMINAL AND THE COMMUNITY A feqneit for a ohMige of food ii quite •nother «^l»^g ; bat A nuu who for gluttony i^iild gorge himeelf with the diet provided for prifonen would be )i onriotity. The food is exoeUent in quality, but there ii not mnoh variety. There are three meals daily. Porridge and sour milk with bread form the morning and evening meals, and the dinner usually consists of broth and bread. This is the ordinary routine diet, and one can understand that after a time it is not unnatural there should be longings for a change. It is a simple diet and is sufficient. The death-rate in prisons is small. The improvement in the health of broken-down and ha|>itually debauched persons during their term of imprisonment is marked, and there can be no doubt that the r^;imen saves many of them from death and p.\.^ongs their lives. In these days the benefits of sour milk have been preached by the scientific man, and the culture of the botic-acid bacillus has become a recognised industry. In the Scottish prisons the inmates have had the advantage of its beneficent operations for many years, though they did not know its name and would have been glad to have seen sweet milk rather than sour. The state of their health forms a strong argument for the advocates of the simple life, yet most of them would choose greater variety in food, though they should die a few years earlier. The clothing of prisonen^ as regards cutting and material, resembles nothing seen outside. The untried male is officially clothed in brown corduroy, and when convicted he exchanges this for white mole- skin. The surface of the cloth used to be decorated with broad-arrows, so that the prisoner looked like a person in a prehistoric dress over which some gigsatio TOE niSON AND ITO ROimNB »« >Mn man I oaonot detorib. it^* iT^ ^ ' Wh JJZ *u ^ ?*°'® '"fi**^ **>« they need be Wliethep they would not be better T»Li !!S . •hAnM *v X "®°*"* • person has offended wa ■honld thrust upon him oup hosnitalitv tn ^^ * ^ tor the oiMM. it hM Mqnired in th. intomd V^^ »2r??f T 'W««»°<* tUn to it tC? S ?»»*«-. wd yet it might not be . b«l tC 226 THE CRIMINAL AND THE COMMUNITY When priMmen* MntencM exceed a oertain term their own oloUiing is waahed, and at the end of their impriionment it is restored to them clean. ^S!td»' teaches them that if they do not keep their clothing dean it will be cleaned for them. At any rate, it does not teach them to do the necessary work themselves ; bat then it is much easier to do things for some people than to teach them to do these things for themselves. Hie work provided for prisoners varies in kind in di£Ferent districts, but it has one common charac- teristic, which is that few could earn a living by it outside. It has been said by those who ought to know better that the prisons cannot undertake any- thing but the lov^est kinds of unskilled labour, because of tiie objections made by trade unions. These societies are no more infallible in their wisdom than their critics, but they do not adopt the foolish attitude attributed to them. like employers of labour, they have objected to unfair competition on the part of prisons, and quite properly have taken steps to prevent underselling on tho part of the authorities. Prisons axe not self-supporting institutions, and, in the nature of things as they exist, cannot be made to defray the expenditure incurred in their upkeep. Most prisoners could quite well earn the cost of their food and clothing ; but the cost of their supervision is greatly in excess of the cost of their board. It does not take much to keep a prisoner, but it takes a good deal to keep me and my colleagues, and that is a necessary part of the expenditure incurred on behalf of the institution. •wn elotlMt into a good state oi npair boforo they !«▼• tho FtiMa, and in MOM oaiM to make new olothee for themielTea. And, laatly, she ■hoold learn what their proipecte are on leaving pviaon ; and with the aid of the Goremor and Chaplain, do what the ean to ftocmn iiiitaUe litnatiMui for them." This rale is omitted firom the edition of 1876, and nibeemianilT i bnt it is greatly in adTanoe of anything that has been aabititated f(W & THE PM80N AND ITS RODTINE „, tiling but the oort rfoST^^/^r* ""* '^^- qnite obtt that ^ Tw!T^'''" '«°^'' »» » J»ve dmidy iSdT^!?^ *^ '^~*» «>mployep. -XSl"e:pCen~<5«^f>''. "88Wted that tradeamei, whTk" Jm often been ^«»^»»«n. bnt their ooonpatian.^ w^^SSL*"* and m many oaoM fhow .iT * , ^^ cuffeiwit ; •v« tf ^ rth^'^'^t"^' """"tf" that' ««^tr^T* *• »» -^ • kind that it oonM ---th«.nJrsiss.:r^,-vj^ 238 THE CRIMINAL AND THE OOMMUNmr ■ome yean ago, and ouatomen w«re inyited to aeod in their waahing to be done at ordinaiy oataide latea. Hie waahing ia done by hand and no modem Urandiy machine ia employed. The leanlt ia that the artiolea cleaned aie not anbjeoted to the aame atnin, and aie Bke^ to laat longer. Before long diiBoiiltiea aioae, and it became perfectly clear that these were not due to any acticm on the part of ontaide lanndriea, with which the priaon waa competing, but to inherent defecta in the priaon laundry. No bnainesB will be ancceaafal for long nnleea it keeps faith with ita customers, who require to have their work done and delivered in proper conditioi^ within a fixed period. Sometimea there a^e skilled laundresses among the prisoners, and at other timea there are not. Washing may be a very simple process, not requiring much training (althoui^ a great many occupations are considered, by those who do not undertake them, to be quite easy, but are difficult to those who try them for the first time), but it requires some skill to starch and iron 5*1^tt*fag in a satisfactory way. Customers found thia out for themselves. Work of that kind, and it aeema a simple kind, ia difficult to get, not because o(mipeting firms outside put obstades in the way, but because the customer has no guarantee that he wiU have it done regularly to his satisfaction. The workshopa vary in kind in different priacms, but they have the commtioe of rigidly enfor,^ S «rf.««nptmg to present any bnt the me^ SiSS nrterv»w.or.a«Kaation.betweenai»i«mer«idotlMOT r!^ mod^^ou, harm under whatever naTS . ^"" *»P«™nce has ihown that the . ■•-^•— « JS^T ''*' '~'^ "*« ^ «» ''-»<^^ ^SZrX-°^^ "** *" S"^ corruption, bnt n^ond efforto to prevent thi. eyil can be mJde wtthZ the nek of mducing a greater. ™"w»no» It IB ^gainet «» rules for prisoners to engage in «mv«»ation with one another; and the offl3a^ »ot m a position to talk much to thm, °^t ^ bn-me... even if they had the inclinatTioT* lor^ISrri.""^u°°* .•* *" "^ "Stable company Ant^ -^ ' ''°'' *" the o«« of most of theCto Aut one m to no company but himself can only Sutt m hM mental deterioration, and there can be no ^ 3|0 THE CRIMINAL AND THE GOlfllUNITY It fa not uk imipoinmon ehaiictoriitio of old copffcto < that tliey diow dehifioiii of toipiokm and of peneeo- tkn, and thfa fa not to be wondined at when one oon- iiden the nairowneM of their life in prieon, and tiie vndoe fanportanoe that fa apt to be plaoed on Uttfe thing! by a man iHio fa denied rational interoonne with othen and whoee natural curiosity fa repi eww d . The more mouotonoiis hfa life, the more hfa mind fa oompeUed to dwell on the trivial incidenti that are happening aroimd him; the more he fa ihut in to himidf , the greater the tendency for him to become twiated mentally. The fresher and more yaried hfa hiterest fa kept in^thinge outside of himself the better for him and for others. The tendency of late years has all been towards a less rigid application of the mles which are designed to enforce sOence, and there fa now more reasonabfa association of prisoners than ever there has been, and less tendency when they are assoofated for their attention to be strained in an effort to watch at the same time their work and the warder who fa super- vising it. When they are under supervision by a sensible person there fa very little danger of their doing or saying things that would be harmful ; and as at i^^t they are all in separate ceUs, the corruption that some- times takes place in institutions where the dormitory system fa in use fa not possible. Amongst prisoners in Glasgow there has never in my experience been any chance for the development of a brooding, suspicious, unhealthy habit. The fact that so many untried prisoners are detained there, necessarily under conditions more favourabfa than the convicted, has made the place one in which the life fa more varied and in which rules could be less THE PRISON AND ITB ROUTINE 331 SJS'L**'*^ thM In ■orne other wtoUkhmente. XMB IwTe been more ocoiuienoee taking plaoe under «^Pn«»«' «3^. end tluqr have hiMi mow ^£!ft^!^J^ work ii done in «»ooiation, ■nd that which ii done in the celk is nsuaUy enmnd to by prUKmen who are detained for ihorttoSg: bat even fajjefr caae they are not left atone for long Periodf. Viriti to them are frequent for one pumee or another, and there ie no attempt made to haraas ^vethem^ Still, at the best, the life is not a nejtthy one from the mental standpoint. Work and good conduct are rewarded by marks, "wmers whose sentence exceeds fourteen days and who are not on hard labour, may earn four marki per d^. For eveiy six marks earned one penny is •Jtowed as a gratuity to the prisoner at the expiry ofWs sentence, and this may be paid to him on hi S'STT:.? ^«,?^y "oei^ i* through one or other rf the Aid Societies after his Kberation. Hard-labour pitoaners may receive a gratuity of one shilliM is?'/, "°* *"^ ^"'^ ^^® *»<«» satisfactory. The Governor sees each prisoner daUy in order to hear any comphunt that may arise, either on the part of the prisoner or of the warder; but the visit otherwise «*l ^ T' *■ "^^ ^' inspection usuaUy are. If the prisoner has a complaint or a request to make it is exammed or attended to. Should tiiere be a com- piamt against tiie prisoner the parties are heard and jndgmrat is given. There are numerous acts which «e oAmces in prison, and tiie governor has power mnunor cases to deal witii tiiem and to award pJmish- ttojt at his discretion; but in no case involving » ohai^ie of diet or tiie infliction of any physioid discomfort can the punishment be carried out until »i» THE CBDIINAL AND THB COlOandlY « to'SSV" ""^^ "V *•»"«<«• (Mtorte b. Hie iifiMiMr nay oflmd in • giMt Tacfatr of «« J*«- A>«BBg to p«fcnn iSuA^ ttiow^ g«»«« of nuking BnMtlwi«d^oSnni«tt«r Tta rt«m«» tor tha niort p«rt «. trifling in dMwoS Md wonld not be oflenoee ontride thTnAmhir^ Li more jBriona owei tbe ofiander it tried bv > »««b« rf tb. Vidting Committee «t the pSi „\y i^be'lrrrt S "™ t; ^"^^^^^ lZ»^«i.?r^ ^^ oflanoee are doe moie to an fawmprtibibty of tempenunent betwean the piJMi^ •nd thoee over him thM to Miyaiina else A SI^ mey behave «rf ,ork wdl ff'uX 1*^ ttooareofMiother. Some pe(^ can manage aZ "^>«*h«n better a«. other.; bnt not iiS^oi^ ttfPMoner » ndther a maBdon. perMT^rai w«*r a «t^ P«on and yet they'oMmot grt « together. The obTion. thing to do i. to Mparate SiT the eny thing to do i. to puniA the pri.Slr ' Srajetune. a«.ult. ,,» made on warder, by Miwner. i> Mteen yMn' experience I hare wen W^ t^n ^ "^^^ '^ ""^ haK-S^tm«; J^J^ ""^^ « of enoomigemmt «>d rttength to the pfw' fc»»«h««»er .piritmj eibet hi. uSSdng «L$1SI^ Pomt brtw«m Tidtor «>d virited. A iSShSLSZ «• en ontnge on deoenqy; wt^ing for knur honn ^Mi^gnana tne law and been wnt to miMB ^hS ^''l:^ •". *»• '*• ""^ "k^^d ^ "«e ner ngaid her impruonmeiit as in ■onyi dt^arm^ ■I Hi »3» TBI cmmntAL and tbb caatmm b • bl^7 UMI WkM* thM ii » OOMtaBt .«_ , -"'y pttMBfW WBO MtkS to QIMIi; AB MMioM]^ lonMiit if nm down mmI hvl. 11 ajmd pwly it ahrayt to hkmB to miiio oztMit, an iihwt beoMMt he hat bdkd to Mtimait tho daiMi •«o«;My and to avoid it iiMOMrfiilJIy; but oSm Bay bo to Umm alw. Tho ImH is nmr wboDy o coo lido. To tho giri the low nnmblM thTMB mtheitnot; and wban iho ii Imoolwd down iho an imWndM ngaid her at tho yiotim of miefortoae. nia* ia not the etam^tolnt of the Tidtor. Shemai have known nbthing of the triab and ^ ^p tatitini ^ *Im poor, Mve what ihe haa Man from the ontiida jaeger haa never been her attendant ; porertj hai oem miknown to her. She haa reoeiTed attentioi •ndyefaherear^dayi; haa not been taakedb^yonc Her rtwng^ ; haa been able to ohooie her own wort •nd do it in her own tim9 ; haa bem weU honied ami jwlwd ; and hai f oond it eaqr to obey the law. Between the two a great goU ii fixed. Their ontlool ii aa diilsrent aa their expoimoe. It ii a great miitake to aarame that the rich know «o» of the poor than the poor know of the rioh. ^ itieet-oQmer iponter may denounce the hiznry of the wealthy and ezpoee himielf to their lidicnle. ney know that they an nit aa he painti them, and tb^ laugh or meer at hii ignorance ; but they are M Uttle qualified to judge him ai he ii to judge them. IBaoh MM the oiher*i vicM ; and every vintor ii m much a mibjeot of oritioiim by the priaoner as a oritio. It u as unieasonable to expect that a woman in IMMon will give her confidence to a stranger who ▼iiiti her, as it woaU be lor the prisoner to expect TBE FRUON AND ITB ROUTINB 937 j?;?-^ ^^. y^ '■'"ft ♦o b» qtitlcii,. Om wiBf !• Mfolnta^ owtein, aiid «U| fa tluA •WftM. Jaol do tb^good tbv l«Hl~ thv ..^^^ tt^ptM from OM odl to MollMr ozhorSc tho £*S2? ^ "*•**• bduiTloor. Hi^ ^fr^ the -«2«jolth^ whom thigr minfater. •«!««. oitte wouMi find gnut oooMkiion uid nlfaf in m tod^wt the poiriWlity of w'ol 9a? rtfonn of prtMDjn, Md wlu> ^agle oat Lori« one whon k nomt iMf 00 hir Ubentioii, and ha. a tbeir ic^» )itl in tC ooMdoomew that thoy have reaily iv^.ui.red efleotiTo Mriftanoe whoro it waa neededi. lliaidaal held up by the vfaitors in th r ^idviee to P«»«i too often wema lmpo8..ii J of attainment ^thoae to whom it fa pmaented. Iheie aT^ 1^ haTo no amWtion to Hve within the faw, but them am many who would lather do io If they oonld. Moat toa ataadaid whfah would pment difficiiltfai to na. do- not aa«j leawnabfa. Something fa gained if *»w«Hl^ M to perwiade a pen^ o« iiidoee him to be better th«S haa bST^ -iBMy ha^ drifted into evtt ooonea atep by rtT ttjjnay be fad into a better way of hving^^ ^ X^ JSTtT^ -commcTS JlS^ ^Ul^^' The vfaita to prfaonen on tiie part of t'TJfc ♦ ™V»taide are of great benefit; a^tiiing M ttat bieaki the monotony of the day; and tfS ^to» are reoeptiTe they may karn a good deal y^^!2:?ir' ?*l"»*y be made the b^ for ^2^!^ ^?^*^ *"«V M to make the impremioii uMJOMira on thoie to whom th^ have apoken. a^JTO. cRIWNAl AND THE OOlOTCMTr •»d the taiu^nA»Z!!L*!?* • '^^ J*«-. do -r.t'S„,1^,2S?^^«r^ y*M''«rty. but mm» mltoT iZZl I^ *^ • taig ooBwe of 5doM iS S»j!T^ i"** •*« •• babia "m« ilM_r5. P"*"* *nom tha deMoibad " A^ : but S^*C^'2^£.'?' *• '•»*«•. qj^«-.tbSu^-jri'.::?^3^ •ooW »nk umu^jt^jr^ to the M«e •Jiftwnt from thM tS^^*!.^"?^ *• •«* but th« OM, wmS *r* ^y *»>• other vtottori; Mmw of tboTin «T *««8*>er Ium lUkn. «» people who tatt I^i^'" their d«y th« ubour. N.therr4r:s:;i^^^*s^ THB FRIBON AND ITB ROUTINB 939 tiiay !»▼• ii0?«r heud the niMMge of tlie mp«L Am^ flMtter of iMt, mort of them can never get amr from the yoioe of the pieaoher f or a^y bng time, tm the e^ngeliste Me abroed tigfaUy linghig hymne Md exhorting the public in aQ the i^cbSTUS- dam dirtriote. Th^ have worked hard enou^Tto earn money and are in foiaon beoame they have not known how to ipend it wieety. In priwn they are not taught niefnl work, and aa little are they tought how to i^te themielvee after work. Hieir day may be JWded into four parte: There ia a time fiir eating: thaie ia a tkne for working; and what they doind what food they have haa already been ahown. There ii a time for aleeping : they go to bed early in the •vwung and riie early in the morning. "Early to badandearfytorl* makeaaman »wen.itdoii't. JL?^ ' ^ inmatea of the priaon have not «w»oted attention hitherto on aooount of their wealth or their wiidom. Then there ia a time left for medi- tanon. Bwy priioner haa hia Bible and hia Phtyer Book I am far from auggeeting that this ia a provinon that BhouW not be made, but by thia time it win be generafly •dmitted that mere Bibfe reading, or praying, when a Pnjoner k m a meaanre compelled to it, aw not likely to have the moat beneficial effect. It ia a uaeful thing oocaaiooany to be abk to quote scripture, and i^ « thow who have apent a conaiderable portion of their hvea in prison have stored their memory with a iMge and varied assortment of texts, which they are PJ^Jjred to use when they think a profit is to be made •Mwoy. A profession of reformation seems to have • more powerful effect when buttressed with texte ^i^tuie, and an appeal for help on the part of the penitent la more hkely to succeed when heud by the ' f «4o THE cbhonal and the ocnacuNiry fod^, iBMiy of whom an ezoeediiMiy kind to fthiM ^ f^ » dlq>oiitkm to M^loE^ Fenou wliote MntenoM oioeed wmmwma mm imt MgiiiM iheir tims. Tlie booki fgmt^tA rnnitlL ^ olothJng, in ittfBot that it it bmH^ ^ matte cj^h«« M to wMhar thay mat the „ tte«. I itave aem aa fllit«ate lad from the d^ hjrfmdy wiMtling with an ehmantanr manval mt Hw^ty and Magnetinn. I aiwoae tU. wonH ha wjwdjda. M adnoational wotk. The Ubn«y i. oa». SLSir^ J!^ *^ ^»*«^ «' «^2ding all PMmd hsF^-bnt'we aU difiw m aw ideas aa to 4Jm vili«eo«b«*s; Imyietfwouldde««ibe«,mepop,S ^kaaapenaciousKteratme; •ndmanyoftheiwwa throne .et .1 people appmeiat. and ai able lS without apparent injoiy aw ol no nee to othern. The ~«*^^t deal o^poOT .tuff. ..d do not e^ A ii^Beient lepEeaentatioii of the damfe wiiten. ^▼•■««t of aoooont the fact that theae -^w ip wiiiiiiii of to-day haa a laigBT audience in hia own pnenrtiin ZS.r? ^2^**^ ^- The one writer i. mad dwfag hia liletune, the other finda hia Mdinoe aU th»attaiipti.madetow»* the priMM, fijT^XZ^*" to «•• .fcot *»•«« ta-rftal. dlSJ^ '^ • **» *fcWi tnMxl fa, _:J_ "•••« to life Md Mnnot k. priMo. -«"«M* to ham it oMtied out in o» »i!r^ '"•to" "ooto" Mid tlieir ■«»» fciZ^vI: » BB0]eoted to oontiniiAl «r.««iJL?~ / . «djg|itoiied. and ooDtuiiial oritioiam sometimes onfajr, ^ aot always VABUnONS Df BODTINB 945 £*j* ^ • "r" «>% far Urn M h, 1, W totTS; hi AdT^ ^''*!;^^ to th. •M.^rithwbWi »heMZ.t^""*''*f*T ™ «I«»««i without »J««^t of the prtwit or hi. ftfand^ „„ though he bj»w. ttrt opwrtlon fa »«o.«,,y to th. «vfag oSfe Hfe!!SLf?^ ^ o»>»« death ta« nl»oe whew M. Might hey. b.» «^ h^ ,„^j J, t£»S^ S2^.^^*"!?f : yet it would be enZSS^ •» OMrfitto of e«eir. if the medioU nun wwTto h«. hfa p.ti«t. pl«»d « the dfaoretlonThn^ !JTiJ!5r ."^T ""^ Vtopot thst the InmMM J^^ko^ AouH be compelled to MobmitT^ w^iMntttM the dooton fa their wfadom mightii Jhi • n^j^bouring coontir Irtefy the oueithni of rSS^^^^'T"^ AnthetaSZk* J««»^*aajt. which took pUoe in . prfao*-. phM '■^ woineiy memben of the pobUe haveiio . "7 ?** '^"'nd to leave an nneaev *— "-- ■fad of the mtpartial ob«rver. ^ ^ a.Jy. ::'!??' ^1'«^.by *h» *». to ady«u» thS^iSETlil!^ « oonduet wWA brought cbIL^iISS'^.u*^"*'"*^ Itw^daiiSrf Ipt ;\ (.1 t"2 « « 'A-l J # J» 4 * :i f S-- -|. ?? ^: k 1 ^ THE CBnaif AL AND THE OQUMUNTIT oAm^ tad in that iwpeot dUferad from otte bat ito iirae hM no diflmioe; tad in both mmi ^tooe. ^tinotiont betwm oflmoM «i only cod in oonfndon ; dirtlnctioot betwetn ofTandon havi nw bean tuffloiantly recogniied ; and no rwd pro- ««a7, UMM wooMn diiland inddy from tha oKUiMrT Ptiw-^Jiid d^ tl» treuU. which ««Utod wTS tottjjWhae %% tn-lg P«CB who f^w 'l^.?'..'^'*^ *» •* »««yntom. who eee. •wj^m the h^t of her own ideal., i, not likely to be tawj^t to anoaier fc«ne ol mind by »o^ tte treatment whidi d>e leganb „ ^IZu^ ««^w«iMn had made » nec-qr that they ihoiild oe rmtnined from aMoyuig othen by their conduct- but It mattered nothing to the pnhBo that they dwuld VABIATI0N8 IN BOUTINB 847 bii NfMned in a MrUin way ; whii* did mattw mn thai the nakanoe ihoiikl be affeotiTe^ Hopptd. 35?**^ "f«»d ol dealing with them Sneaeedt^ tmUe to beyond qneetlon ; and then ii no jnelifi. •Mfao for inttfteenoe with anybody except in 10 far as the method adopted hat the lemiH deeind. It is USlj, if not wofw, to enter npon any conne that oannot be oanied on indefinitely. Ifyonrtieat- ««t hSk to adiieire the end aimed at, that it bad; If tt letnltt in the penon with whom yoo an H^iW be^ yon. that it wone. The Uw attempted tS ng&ten the women, and the women, by their oontinned J»*jnoe, frightened the adminittratort of the kw. Which pretented the mott tony tpeotade it it hard totay. Th» tnrable teemt to have begun through the BBfotal on the part of the anthoritiet to allow the women to wear their own clothing. What harm it wwiWhave done to anybody to grant thit permittion it k ^iBonlt to tee. If they had fed themtelvet end <*>thed themtriret it would have tayed ezpente to w^P^Bo. Th^ believed that the clothing wat in- t«rfed to degnkle them ; and they might have atked »^w ae not the intention, why wat the proceeding r"*"*'* **^ Q* comte, to ptnait them to tave the y*,*^ •»?; —» ^ keeping them while they were in WMio^ wifid have iqwet the ^yttem ; batthetyatem lite from bdng contyered by thote who are le- ■poonbie lor kt adminittration to be anything kd- preaching perfection, for it it a fathionable thing •iwngtt them to atlc f or iit improvement, end to in^fydtanget, when they make them, on the ground thatttey wen n^pnred. Oppotition grew with n- Pwi^; nxmaton provoked nnreaton, and the pubhc haaid wkh conuderable nnaai»iTi p„ th at a n" r ■ff' IN .'^! i •«« !»• no win d W. owi ^TLf "''*"*«^ ^jjy^^j^ HOH Mt witUn thair tapmUan aad ajhowever, lie ,Jv» up hi, b«SJ^ *° '^• «d UKQiag with thM^l«?,ZTl^?^ •"•ployed the», to ^i "*"?•»»• "^-P*"!* "—o. ^"•oonduotofwmeofthewanm VAIUnOM IN BOimNB stir "*^~SS'.2f:??i«SiwSf the h«di «l JSStb!^^ *o piM. thair Bw. in n^^oB^ 1 ^™**" "• •'•o I tnay are no wozw thAn '^KW dMoved the npatotkm, thw from the otlwe, beoMiee the fonner an Bkely to be ^mor! InA^l.^/°?S •* *''»^ *° *> •• good • dv^ ■WM**. and there 18 ieMom muoh in it; but them II MKMcory MBouinoN ran cnait (ANSI and ISO TEST CHART No. 2) A TIPPLED BS/HGE Inc iraa tot* yoin strMi (71«) 2M-S069-Fai( ■Iil If: 2SO THE CRIMINAL AND THE COMMUNII is no continued and intelligent interest in adn tration on the part of the public. If a man d< fulfil his contract his employer may accept an ei once or even twice ; but if his faUure continue he find himself out of a job, and someone less income or unfortunate wiU be sought and put in his p In the public service excuses and exceptions ai much the rule that it would be easy to form a lib of blue books containing them, printed and paic at the pubUc expense. Only ordmary cases of domestic sickness nee< treated in prison, and such aihnents or injuries at dealt with in the outdoor department of a gei hospital. In i Scotland there is httle inducemen prisoners to feign sickness, as there is no autom change in their diet or location as a result of t being placed on the sick Ust. The doctor may or i not remove them from their cells and alter their < So far as the Act of Parliament is concerned the tr ment of the sick lies whoUy in his discretion, there is no power granted to any authority to inter with or overturn his decision. He may be questio as to the reason for his conduct ; and if foolish eno or weak enough to be persuaded into altering it order to please some h^her official, he may do but the Act of Parliament is absolutely specific the matter, and refers the sick not to the Comi doners, but to the surgeon of the prison. It is much easier for a man to carry out an struction received from above, than to assert and on the powers conferred on him by statute ; but i not right to do so, and in so far as he is subservi he is unfaithful to his trust. Patients cannot treated by correspondence. No man, however hig placed, is infaUible. Better that the man on VARIATIONS IN ROUTINE 25, look to someone »*n uTf ' ^^ *""' ^ '^°^ help from hfaSbom^ °'*?f' "^ °««^ """t for or treatment of » diiBoult^ kT. *?«.*"«»«•» th.t to action. d.ould T J^L^ buU^i/^T Private nffioio 1 • . " exercised in the case. fancies lus aSli«^ ^eqLT t'"""^' '"^ whose spleen may biZi^ZJ^ }f position, and himself No m»Y-™-^fT "8"™' •»**«' men than o^t^S=-----'Slo^ proii"?.:^cx:i.t5rrf:r '^ '" <« proloS°lT?i; • V" Tt" *•"' *^*" "^«« should «>mr3y^''^^'^\rP~-«»',''-t only if to better purno^ iTZf^ J^^ ""* *'«'" P<"™" the past S^ '™* *'^ *•"»? '>»ve done in nepast. There is no sense in the State doing Miythi^ f If HI I i If 'i; i r: »5. THE CMMINAL AND THE OOMMUNT w anybody without a reasoniihlA •«-«. * x,^ fit for the work Zf -f ^" *"»""• "»y "«» fit for .f^;^.^j »Sr rrji^*^^^, no intention of performing any A nZL ?m I"^ at present where it can Z^^"' " *^ ' the oony«St^r!^ * *^*'°' P«"^^«'« thei prisoners are havine ,^?^»; ♦r^*" a number o a shouting ^^bZ^ tw T* *^'' *•"«" * -SS ana gabbJmg that makes conversatioi VARIATIONS IN ROUTINE 253 dMoult. Convicted prisoners Mid convicts of tlie first class nu»y receive a letter and . visit from a fri^d ^ZZ ^ ^*^' f""^ ««"' conduct «d ta^^ fl^r .*^ '»*W«*»y- Before their en^ S!L I .* "^ '^'^'^ ""y "<»iTe one, two ot otr^fS ""• "^^J" *^ ^- ««»««i4 to the a^c^f^^' "^^ ^' being a yea? in the fint class they may be placed in a^ij class «! heiiL'^^?^ '*!!.'^ f?"* "^'^ »' butoutiriththe ^S.t 1,^ J"?*'- ^'' ""y '"^^ J^ food sent in to He^I^*,"' •"'' °°* J^^e P«rt of a mJL «nt ^■|^ T^ '^. "***'» newspapers, magazine or books AnyoraUoftheseprivil^eTmaybeSS or ij^thdrawn at the di«3retion of «.e vLSf^^ AouW be granted as privileges. The man is, in the ICJL ^^' P"™»»ed to be innocent of the offenro ?^ agamst him; and his detention is o^ justifiable on the ground that he might faU to aoM^ at c-upt for trial. That being so, he%„^t n^tto^ qum, penmss^on from any committee or officW Wore ^ h.'"rM *°, *1^' •"°««'' »<» amuse IjZr Md he Aould only be prevented from doing sottld^ act » detrimental to his own health or that of th^ ot^ nrl^,*"^"- ^"^(S^toausetr^^' to the officuUs concerned, but the primary object Te'j:^^'""^* ■"" "^ "^ «•' ^^ them'^tr^r antotoriS.^'^'rr' °"y *•*'* » Pi»' of wine or ro smoke. This is a curious restriction nowadays exit ^'^ *^" ^'^*^' ^o" «f """on fTiS exercise. The proper attitude towards the untried pnsoner u. not that implied in the question ^^ -li m I : ,_ a54 THE CRIMINAL AND THE COMMUNH what he wwhes t » and thi, wouW be the que. If the theoiy that presumes an untried prisoi amooenoe were put in practice. He is detained for oonTemence of the public, not for hi. own. and hberty should be curtailed as little a. posdble < n»tent with good order. i~«mu«> « F^r.*" '"y*'" e'va prisoners in Scotl. IWure to pay atonent may entaU on a prise ^nsonment. at the instance and expense of l^^' ?u " ^'^ °^ ^ "«•'"• At the end that tnne the pnsoner is free from simikr prooeedi for s« months, but the costs are added to his origi debt. He has somo of the privileges of an untr pnsoner. Faille to pay taxes'^may fTuse a^to mpnsoned under simikr conditions. Persons s< to pnsonfor faohng to have their children vaccinal to m(teamte mipnsonment for contempt of court. fo Scotland we claim that we do not imprison I debt other than aliment, rates, or taxes ; but the r. IS evaded by process of law, and the Prison Comm Moners Me used as debt collectors in some oas< TechmcaUy this m not so, but in practice it oS^ X31 a woman, has obtained jewellery on the hir purchase system. She is the wife of a labouring ma and there « room for the suspicion that she hw b« tempted by the seller. A number of paymento « made, then the husband loses his employju^t. and si mento. but has not money to get food. She pawi .^L^ T°l '^' "* *'^^ jeweUery. and is^Ue upon ei«.er to pay for it or return it. Her intention may be to pay, but she is not able. She is summone, VARIATIONS IN BOUTINE 355 to appe,, at Court, and foib to do »o. In her abaenee a &«». „ g™,ted ordaining her to deUver the je3S^ to the person from whom she obtained it, in terms rf the contract made between them. Failing to d^ •he 1, »«ed ami carried off to prisonToS a wS not obeyed its decree. All her friends become aUm^ ^^ their united efforts the money to sattafy^e bekept m prison for an indeiJnite period at his expanse ^ti^.T""'^ ', **•"* *** ""> ««««' fo' food ZZ^ ^T^V '*" "'°*''"8' tW "oold not have Zm?*? '*.**"' ^^ ""' P»y t»'«°'- «»<»> though ttoy destted to do so. They are thus at a serious d«..dvantage, so far as the exercise of pressure i^ concerned, compared with the hire-purch,^ trader" rf1mnwT'"T."°°J*u*''*'" "ho regret the abolition rf imprisonment for debt may revive It in effect by seUmg ercc^ and clothes on a hire-purchase contract lUe routme treatment to which the convict is ^udl'l.°'"i'5 '"°"' "^*" *han that which is apphed to the ordmary prisoner, and it does as little S^' r ." * fy***" °* repression mainly ; a sitting ^tte safety-valve that is apt to provoke outbursts rf temper and viofenoe resulting in assault. These may ^«»«a^ by the Judges of the High Court is granted to in o.^^ Commissioners. It is considered necessary wlh- T^^ *''* 'y'**"' hot oo no one ckini toat the system is in any degree reformatory, it be- comes a question whether it is worth maintaii^. ar ■ii 'ii M Pl I h »S6 THE CWMINAL AND THE OOMMUNITV The same man who im m.* «»«^ ^x l>ri««er in „^Xut millTv^ ' T^ "**•««««. -nepresaion is necessary, no donh* i»«* «. pressive powers should only o^idTt l>fc " reward. Eyen a donkey^ ^7^^*^^ P^^*' * ;.han when driyen b^L S ""Jt ^'d^' ' ^ to a man to treat h4 as a maoST^nH JT r^^*"^ to do an ii«,i^« *i. ^^ » maonme, and the tendency wo "jBi^m. in the conyiot Drison aa i«i ♦u^ -j. prison, during the last few veX; t^-^-^ "^ eal routine Iim been^wL !^ ^ grading meohani. has been m^tTttStT^^. "nfl «««»'«^ s^j-^^be^^SCrf'^.-^ STlCft;:^''"" think the pria™. haa b.' be'^te™^J°'°''' ^^1^°'" *°™«'» >» 'rin largely oe determined on our behaviour toward* tlZF^ no new discoverv anri th.t ~ «•*«<» them is Mfi ii VARIATIONS IN ROUTINE 25; not follow at an. You may improre a num»t conduct to priwD aa you may improve his mental condition to a lunatic a^lum. but you never know how he wiU ^«f r^ ^""^ "^^ *^ '**'* '^ "^^o«W «ee that P«wons hberated from any institution are phuwd in pryer positions outside-that they should be guided and helped m so far as they need guidance and help- so that th^ would be less excuse for their recurring to tiieir old habits and conduct, and less chanced thefr rekpse mto the condition and actions for which we have dealt with them. Of late years short sentences have been generally denounced time to get the hang of his work. In the case of the Hberated find ttat durmg his seclusion friends have died or havi ZJS »^ 'v""*." • ^* °«»«'« "ho feels th. degradation he has brought on himself, he is likely 158 THE PRISONER ON UBERATION 2S9 to be tWMitiv© 8i to the bearing of othert toward! him. tteneedahelp; he dreads rebuff; and he does not know where to seek assistance. He may readUy misinterpret the attitude of others towards him and imiicrine that men whom he has known are giving him ;he cold ^onUer, when, in fact, they have not seen him. He has been shut off from the company of others, Md he feels the need of feUowship with someone. He can always have that from those who, like himself have been through the miU ; and he may be led by them into further mischief. Our interference with the offender results in his removal, for a time, from the associations and habits to which he has been accustomed ; to that extent the power over him of these associations and habits may be weakened ; but no matter where we put him, we cannot hinder him from learning new habits, and these may or may not be useful to him on his liberation T^ more powerful the influence of his later interests the less likely he is to seek to return to his old pursuits. The thmg which no man can do without is feUowship or comradeship of some sort. He will seek it even although in the process he may be injured thereby • and it is because drink makes the company of some men more tolerable to each other that so many take it. It is not so much that they wish to get drunk • they could do that alone ; and at first, at any rate,' the drink is not taken merely to intoxicate, but largely to stimulate sociabiKty. The person who has been pent up in an institution for a prolonged period has not learned habite of a sociable character, but quite the contrary ; and when he gets out he knows that he wiU more easUy become a part of good company if he takes drink, for thereby he wiU be set free from the feeling of restraint to which he has been subjected. i it m mi fii „•! rl ■; j III Mi ato THE CBIIIINAL AND THE COMMUNm Tbm hM bcm • gnat de«l of ulk •boot n«l *^«Kta « «i-prinD« with • h«ilm,« hr5to« tat«d. but fa mort 0M« the pecieoutlon only J fa th. ta«gfa.tlon of iu lubM. PowofMiS^ tbiagi u tbey an. We •» tallii«no«d by oqp bdi, qirft. .p«t fcom their foundation fa tJ[Z SS •k«wn fa .n our ^rtlon.. We •«, men beUeriT nndMdve timn ; wd i>«oi>Ie heve been known to g »JJJ|*d«oder • quite mtatOen ertfaute of e«* oth5 tJ^ ^ f «>• diwhittged priMoer belieree th< 2^^" *• f*»t hfa,. thet the h«,d"f tt wpiewitatiTe of the bw is ndwd to oppien hfa We aetioD. will be fafluenoed by that beliefr^ ZT-, i PoBoemen generally have any ffl-feelin to^ oiIende» ; but offioiaUy there i. no «oo»Z »«» for any perwnU feeling on their part, goJd^ ba^ Theirs is an unenviable position. rf^l^- ^ "I? '"*"'P' *" investigate the oans< method. Should. poIit,manfaterfe,e before M.offen« hM be» committed the motive of his interf^H win as often as not be misfaterpreted and he wffl U denoun^d a. a buflrbody. In practice we »oZ« and he does his best to discharge this duty It is too ""et to hunt there can be any likelihood of mutual regard. As enemies each may have a respect for the other but fri»dship and friendly help a^t of ^e queetum. Unfortunately this fact hi been left out THE PRISONER ON UBBRATION 361 ^ ii«»imt fa ioiiie i«»«t propoMkb for the piwntk^ of orime Mid the reformation of the offender. In conneotion with aU the priwrns then are die- charged pri«)ner*» aid locietiee, which leek to help ^'^.'^^'^^^y^^^ind. The number n has such an evil sound to them that they are prejudiced agwnst the person who has been there. When this prejudice 18 overeome there is usuaUy a reaction fa the ex.pnsoner's favour, resulting fa conduct towards mm that may be as embarrassing fa its way a. any spnnging from the prejudice against him. At the best m y ' V < 262 THE CRIMINAL AND THE OOMBfUNITY he is liable to be placed in an ahnoephere of suspicion ^t does not help him to do well. The conscioS^^ that he has been degraded is hannful to his sense of MK-pespect, and altogether it is not easy for him to find smtable companionship. Wisdom ^ould counsel him to avoid the company of those who have been associated mth him m the conduct that led to his faU, but the counsels of wisdom are not always easy to foUow. There are very many who are willing to give assist- ance to a man who seeks to turn over a new leaf, but they eipect to direct him as to what shaU be wntten on the next page. K censure and avoidance may imtate and hurt a man who has been convicted Of WTongdomg, patropage may raise a spirit of oppo- sition m him. He does not want to be looked do^ upon, whether mth contempt or with compassion. Uf course, he ought to be chastened by his aflSiction • he ought to be repentant and submissive ; he ought to* do what he is told ; but it is not what ought to b^ ^t reqmres consideration if we would help hhn to do better, but what is. In spite of their 4ious «5te! ^18 never an evidence of wisdom to assume that VICIOUS ^ople are greater fools than others. That they behave foohshly, from the standpoint of their own and our mtere^t, is quite true, and so apparent that it needs no emphasis. The question is. Do we, who are so much wiser than they, show that wisdom in our treatment of them ? and the answer, evidenced by nt stmn^.w'''^ attitude towards them, furnishes no strong testimony m our favour. When a man has gone wrong it may be ceneraUv assumed that there is somethinTin him that hTmtde him unfit to resist the temptations incident to his position. If this assumption be correct it follows that we are not warranted in expecting from him the same THE PRISONER ON LIBERATION 263 power of resistance as others have shown. We are not justified in assuming that with proper assistance his character and powers may not improve, but it is hardly reasonable to expect conduct from him that would be more saintly than our own ; and a great many dis- appointments are suffered by earnest people who seek to lift up the fallen, simply because they have expected too much. When efforts to help a man result in failure it is a safe working rule to assume that the fault is at least as much in the nature of the means employed as in the man. They may have been very good means, but they hj,ve not been applicable in the case ; which is just to say that the result is the test of their suit- ability. This is all so obvious that in practice it is disregarded, and we persist in the foolish assumption that people on whom our patent pills faU to act are incorrigible; though the fact is that the offender is no more mcorrigible than the reformer, and is some- times not so stupid. The position of the man who has been in prison is not so bad as that of the woman who has been there. There can be no question that women less frequently break the laws than men. This may or may not be evidence of superior virtue on the part of women, but the fact itself makes the position of the woman who has fallen more difficult to retrieve. She is more conspicuous than the male offender, if only because there are fewer of her kind, and the attitude of women towards her is less tolerant than the attitude of men, either towards her or towards those of their own sex who have offended. Accordingly, when a woman once loses her reputation she is more liable than a man to accept the positic n and to sink under her disgrace ; so that the fallen woman is regarded by many as the most degraded of beings, and her rescue has a fascina- f I* i . I. ,( .'i . ' 1 Hi II, 264 THE CRIMINAL AND THE COMMUNITY tion for those who seek to aid the worst. This oon- oeption is absurd, as everyone knows who has studied toe subject with open eyes, but the question is one that cannot be faithfully dealt with here. The economic position of the woman who has broken away tmm the standards set by the law need not be, and often is not, worse than that she held before her revolt. It aU depends on what she was and how she has rebelled. Vice as little as virtue determines the economic position of those who are subject to it. The transgressor by her transgression is cut oflf from her class, and she is in danger of failing to gain a footing m any other. She may, and in the majority of oases does, glide out of he^ foUy as she has slipped into it ; but when she is publicly branded her chances of recovery ate less than those of a man. The attitude of men towards her may be insolent, but it is rarely so brutal as that of women ; and it is no uncommon thing to find that the most eflfective help towards the restoration of a woman has been given by those among her male friends whose character would least bear scrutiny by a censor of morals. The attitude of her sex towards the woman who is down is generaUy one of hostility. Whether something of the mstinct of self-preservation inspires this need not be here discussed; but it is aburdantly clear that the woman whose fall has been pubKdy recog- nised cannot hope to resume anything like her old place, even if she were willing to seek it. Her recog- mtion as a respectable woman is too frequently made contingent on her acceptance of a form of religion that enables her past to be always referred to, and herself held up as a brand plucked from the burning. In her attitude towards women she is affected by this knowledge, and their appeal to her loses in effect THE PRISONER ON LIBERATION 265 because of it. There is nothing mora difficult than the treatment of these women. The prejudice against them is so strong that it is only here and there a family is willing to take in and look after one of them. Attempts are made to influence and direct such women as have no friends, by plaomg them in homes. No doubt the inmates are much better there than they would be if turned on the streets or living in common lodging-houses ; but they do not commend themselves to those whom it is sought to rescue ; for the majority of them will say quite frankly that it is "not good enough." They prefer to struggle along as best they may rather than submit to the life offered them. It always appears ungracious to criticise the work of those who are earnestly engaged in trying to help others, but it is fair that the view of those they seek to help should be presented. Their view may be a wrong one, but until it is altered it will affect their conduct ; and it cannot be too emphatically insisted on that the opinions of those whom we seek to help should be ccmsidered, and when possible acted upon, if it is hoped to render effective aid. The first objection a girl makes to entering a rescue home is that she must bind herself to remain there for a prolonged period. She does not regard the home as a desirable place of residence, but as a step towards restoration to a decent position in the community. She objects to give her work for twelve months, say, getting no other pay than her board, clothing, and lodg^, unless she remains in the institution for that time. She claims that she might as well be in prison. The girl is not concerned with the question whether the home pays others or not ; she is concerned with the fact that it does not pay her. Loss of reputation hinders a girl from getting a situation, even when she is willing to drop her way of IP "H 1 266 THE CRUflNAL AND THE OOBIMUNITY Kvmg and revert to «teady work. People who pay weD quite natnraUy prefer not to make an experiment and ■eek to haye their money's worth, which impHes not onay Ba efficient, but a steady and reliable worker. The situations open to the penitent, therefore, are those which are worst paid. When she gains a character she may obtain more remunerative occupation else- where. She recognises that on account of her bad reputation she has to do more work for less money, but she does not so readUy admit that it is just that It should be so. She thinks that it is one thing for an ordrnwy person to take advantage of her needs and to miderpay her, while it is quite another thing for a Christian institutfdn to keep her working for m- sufficient wages. In the home she has as hard work and lUmost as little ub rty as she would have were she m prison. Her associates are girls like herself, with whom she can converse on a basis of equaUty and dMooime on life from a similar standpoint. On the other hand, she is preached to, patronised by visitors, entertamed m a very proper manner, and taught in a thousand indirect ways that she is different from them. If her associates do not help her to forget her past, neither do her teachers. They want to be kind, and try to be considerate; the effort is obvious. In a gentle way they may teU the girls what they think of them and how much need there is for theh- reforma- tion, and they do not seem to see that they would come more clo«ely in contact with those they seek to help if they would assume the things they express by word and attitude, and try to draw the girls out. The defect in ^ teacher is too often a habit of talking at his pupils. The gu-ls are there to learn ; the visitors to teach. Are they? What do the girls learn, and what do the visitors teach? That we are aO sinners and our THE PRISONER ON LIBERATION 267 position a peribus one ; that some of vm have been found out and that the penalty should be accepted humbly as being for our good, and so on. If the formula is somewhat stereotyped that is not my fault. The girls who appear to submit most patiently are naturally regarded as most hopeful. What they think about it all does not appear to be considered of much import- ance. They are wrong or they would not be there ; and yet a girl may make a mess of her life in one direction, and be none the less qualified to give a shrewd and useful opinion on the causes of her faOure. If those who seek to teach them had less faith in their own doctrine and more desire to learn, they would become less ignor- ant and would teach to better purpose. Here and there some know this, and acting on the knowledge, are more successful than others who are equally pious, equally well-intentioned, but less well-informed. One quite recognises that it cannot be charged against the majority of these institutions that they make money by the girls. They are often carried on at a financial loss, for the cost is considerable ; but reformatory work cannot be conducted on a com- mercial basis. It is in the nature of things that it should not pay its way in the narrow sense. The cost of adequate supervision prevents this. But to charge the cost of attempts at their reformation to the girls is to inflict at least an apparent injustice on them that is apt to rankle in their minds, and to drive away a number who would otherwise be helped— helped at a pecuniary loss to the home, but at a great benefit to the community. After aU, they are earning their own Uving by their work. What they fail to do is to earn a living for those who govern them. In exchange for their work they are not permitted to spend their earnings as they please, but as it pleases Pi HI ♦■ '.^m t , ij It'.' i I 26S THE CRIMINAL AND THE COMMUNITY tibo«i who have imdertaken to look after them. There may be eomethlng to be said for the opinion that if «Be aet of pweons seek to direct the liyee of another tfu. robjeot of charity is one that needs examSition. Home people have veiy quaint ideas regarding it. 1 remember a decent woman who rather pridedhOTself on hOT goodness. Her husband had a smaU business, and she occasionally requisitioned the services of his younger apprentices for assistance at cleaning time ^ 8uch an afternoon a newsboy coming tottS door ^.got a CUi^n from him, gave ^a^^, ^^S receiv^ back the halfpemiy of change. WbtTh; had gone she remarked to one of the apprentioes-ni boy m^gemus for saying the right thing in the wron^ iTT",,^ ^^' ^ '"** ^^ *^« P^Ver from him fw hal^ybackl" There was something to be said for both laews, but the boy had the last word, and he M^fo^d that his criticism had borne fruit ; he was Jta the home there is more of a religious atmosphere and less mechanical routine than in prison ; but the rehgous atmosphere is as much objected to by many of ttie gurls aa the mechanical routine. Both may be good for them from the standpoint of the theorist, but neither seems to result in the effect desired. In the prison there are fewer lectures and fewer visite to the inmates than in the home, and the life is more monotonous, but in the prison there is less opportunity for contMnination. In both places the old\nd d^ graded, the young and the ignorant, may be confined, out m the pnson they are separated. It is quite a mistake to imagine that the vice and degradation-that the state of morals-of a person THE PRISONER ON UBERATION 369 can be estimated by her age and the number of her oonviotione. The old hand need not be so moraUy oomipt as the younger, though her experiences may have been more numerous and varied. A common statement of those who have been inmates of homes IS that what they did not know when they went in they learned before they came out, and certainly they have opportunities of communicating their experiences and relating their adventures while they are in ahome that they do not have while they are in prison. This is a thing that cannot be prevented so long as people live together. That many have been restored after passmg through the homes is undoubtedly the case, but it does not follow that their restoration was due to their experience there. That many have not been improved, but have been the worse for their residence there, is not at all to be wondered at. Where a religious atmosphere has aflfected them favourably the disadvan- tages inherent to the establishment have been overcome. Where it has failed to effect a chsnge in them for good the other associations tend to confirm them in evil. What effect, then, has imprisonment on those who undergo it ? It usually improves their health physi- cally, but impairs their mental capacity. The simple life favours the former ; separation and destruction of the sense of initiative favour the latter. Many do not return after a first experience, and it is assumed that they have been deterred from wrongdoing by it ; but there is absolutely no ground for this assumption! It may be justified in some cases, but in others there is no reason to suppose that the offender would have repeated his offence, even though he had never been sent to prison for it. Imperfectly as probation of offenders is worked, it has shown this. Indeed, the very imperfection of the method has shown it the more I ' III 270 THB CRnONAL AND THE COMMUNITY ■tron^, for 80 fur from the offender having been taken away from the conditionB which incited him to €ommit his transgresiion, he has been aent back to them, and in many oases has not agahi offended. It is not right to make assumptions when there is opportunity of examining the facts ; and no enquiry has been made as to the e£Fect of imprisonment in deterring those who have been in prison and have not returned for repeating their ofiFenoe. A great many do return, and that is positive evidence that their im- ^aonment has not had a deterrent effect on them. Why do they return ? In some oases they have found that prison is not si^ch a horrible place after all, and that though the confinement is irksome the time passes ; and at the expiry of their sentence they may do what they like. Many of them have to work hard and k)ng to earn a Uving when outside, and they learn tiiat they can pick up a Hving at less cost and have a better time, if they take the risk of being shut up now and again. They have been cut off from their habits, which may not have been a bad thing, and have acquired other habits which do not help them when they are liberated. They have been oflficiaUy marked with disgrace, and to that extent rendered less able to secure employment and good company. They have been taught to be respectful and obedient, but they have lost, in a corresponding degree to their improvement in manners, their power to act for themselves. In some respects they are better, in others worse, than they were when they were taken in haad; and on the balance ttiere is a ("istinct loss. Recent attempts at reformation have not taken into account the root causes of faUure, and they faU to recognise that the longer a person is cut off from the main current of life in the community the less he is fitted to return to it. CHAPTER VI THX IKIliBUTB BOMB IT cannot be seriously contended that our methods of dealing with oflfenders make for their reform. It may be that some of those who do not return to prison have been checked in their career by the toeatment they have received, but as a matter of fact, there are a great many people sent to prison who ought never to have been there at aU. In my opinion it is beyond dispute that our methods result hi the mal^ of crimmals ; that in the majority of cases imprison- ment not only does no good, but does positive and senous harm. It should not be forgotten, however, tnat there is no ground for supposmg that the prison Byst»m is intended to reform those who come within Its operation. It keeps them off the street for a time and pievento them from annoying those who are at hbertiy; but this cannot be done without financial cost to the community, and it is only done at a very flenous loss in other respects. The same amount of money spent in helping them to do well as it costo to imprison them for doing ill, would prevent many of :li 9;a THE GRDONAL AND THE OOIOCUNITY them from offending ; bat before this oonld be done mofe wonkl leqniie to be known ngsmUng the in- diTJdiulf than the mere Ikot that th^ haye offended •gAinft one or other of oar kwe. It is neoesswry not only to find oat idiete and how the oriminal has gone wrong, bat also where and why we have gone wrong in oar method of treating him. Profitable as it woald be, no serioas attempt has been made to do this. The most that is done is to admit the ineffioaoy of prison treatment and to devise some theoretical improvement on it. It seems easier for some people to reason in dvicim)— in their own heads— than to examine the facts and face the conseqaenoes. Of late years the public has permitted one institation after another to be foisted on it at the bidding of people who have not shown even the most elementaiy knowledge of the subject with which they were dealing, and of faddists who want to regulate other men's lives by their own. Their opinion of the offender may be interesting and it may have a value different from what they place upon it ; but it is not nearly as interesting, as helpful, or as valuable as the offender's own opinion of the cause of his fall and of his needs. Tb» imprisonment and reimprisonment of the habitual offender had become a scandal. It was recog- nised that inebriety made men and women a danger and a nuisance to the family and their neighbours, but no greater a nuisance than the system by which we dealt with them. Everybody agreed that imprison- ment made them no better. It made them abstainers only for the time they were in custody, but it did noth- ing to destroy the desire for drink. So an Act of Parlia- ment was passed to enable them to be placed in an institution of another sort. If the prison failed to reform i! THB INEBRUTE ROlfB a;) tbwa. the iDjbrirt, Hornet Uw proved , mow oortiT «< tb. mm, • depwtmental ee^^ee ifteT^ hM NOMnmended OM farther pMUwiientw^ {«!S •fcjUdb. g«»tjd to the coaunSinSS*^ STSl^fT^"" '~°" h«ve been far inteUkent h«d been improved, ud to eitiiute how UtlZ nito wonH not h»ve been a diiBoolt tMk, for the OHM wmefew; wd having aooomplidied it, it would ojeee of Mnre and to eeek the oawe. of tt . faUnre 2 SiiSS^T^'. 'T'^' "^ "^"^ t»» opinion* rfoffldd,. of pUljnthropirt., of thoee who S» ii ^^^ . P'^'>in« te the oondDot of othera- to Aort, ol people who are called authoritiee on a given ll^' •T"" ?"•**' ha. been boM enou^ to oh^ them--th« to obtain the oonfldMT^ 2«i the numth. of thoee whoee wrongdoing it™ jongttooareot. It i. a grotesque rt»te^tttat the toAnate Home fUled beo^Sl the wrong^^ w«» .ent to it ; jbo it i, not true. It would be ^ ■nited for the treatment of inebriate.. For after aU the verjr people for whom it wa. dedgned to afford treatmoit were among thon Mnt there. The patient* ohown for treatment in the Inebriate eooed m the treatment of mental disease.. Sonwof them were mentrily affected .. a consequence of theto frankmiw,., and there i. room for apposing that wme took to diink partiy on «KK,unt rfTSte^ T ^•1 r' '^'*i I 274 THE CRIMINAL ABID THE OOMMUNITY dafeol ; Imi inebristy Is not » phyrioal dfcwm, it it not A mental diMMe, •Itbongfa it may hare aone nlationihip to phyiioal and mental diaeaiM. It waa beoaue of ita being a looial diiofder that the State undertook to oonaider theae penoni. Thia being ■o, each oaie could only be rationally ooniidered in relation to the sooial condition of the inebriate. Information about the ftate of their yarioua internal organa might be uaefnl, but it could never replace in importance or intereet information aa to their looial condition. The treatment failed because it waa not adapted to the persons to be treated, but was adapted to the state of mind of those who» on the strength either of an academic qualification, or a belief in their fitness to judge people who are of a lower social condition, had prescribed a method without any real knowledge of the persons to whom they sought to apply it. The public pays too much attention to the utterances of those in authority, and it is difficult to avoid the habit of mistaking lor knowledge what is only a different kind of ignorance from our own. A thing is not true because somebody says it; it may be true m spite of that; but it would repay the trouble were official utterances more closely scrutinised than they are. Zeal, honesty, integrity, may be present in the official, and be may be a very talented man as weU, and yet he may lead matters into a sad mess. The less he is questioned, the more he is suffered to go on unchecked, the worse for him and for those whose servant he is. The good servant may become a very bad master. Then all official persons are not equally able. If a man has not wit, it is not likely to be developed in him by giving him a title or a uniform. If he Ium not much wisdom, he is not likely to become less foolish THE INBBBIATE HOME ,„ SSTfaSrSt'"" "^ ."^ •" *^ •«» otSolomoo in© laot that a man hold* * tw^*t.^ i ^''"'www. with jj^t, to «L taX^p'^j^^ :*sjs to •omethtog vwy like » eooBpi^J^Z^L^'^ topartwo. (which wouM r?3l mWL^^ toduo. th. public to «t«h u undue ^S^^'t^W but the orthodox ml*h!!i * *"»»»■ path imooth; to bA Aii{3lku.'^"*°®*^^'^e» proved that .u per«,„. ~: rs^ «»p t:,rj: rrLtJ Jff y®"' °"* "»«y l"Mi no reason to believe that whAn dteLn wT ■" **" community and remain a sob^ "»5»ot8 abe did. You cannot meddle with the lives t : l\ *' i ~ : I- ■ 276 THE CRIMINAL AND THE COMMUNITY of others without resnlt, for it is impossible to leave them as you find them. I remember being visited one morning by a woman who had left the home after a three years* stay there. She had been drinking before she called on me, and she had some complaints to make regarding her treatment there. The complaints were trifling in character, and were more in the nature of gossip than anything else. I told her that she had cost the community some £200 to keep her during the last three years, and they seemed to have made a bad bargain. I advised her to think a little less of her grievances and a little more of the comfort of her neighbours, and dismissed her with the usual censibe and advice ; but she had a case against the State, although she was not able to express it clearly. I would put it for her thus : " When you interfered with my life I had fallen into the habit of drinking, but in the main I earned my own living and meddled very little with others to their annoyance. I had my friends, whom your judgment might not approve, but between them and myself there were common ties. We sympathised with each other and helped each other. You undertook to reform my life, to break me of my bad habits, to make me more fit to earn my living without offending against your laws. You have ruled and governed me for three years. You put me in a home where my life was regulated for me ; you gave me as companions people with whom I had never associated before ; you compelled me to live in their company ; you taught me nothing that I find of any use to me outside ; you kept me from drinking. It may have been a poor pleasure, but it was the only one I had. You did not take the taste for it away, and you have given me nothing to replace it ; and now I am three years older, and you turn me THE INEBRIATE HOME a;; !^i.?"i.^'' '*^**' ""^ *^* ^'*y ^ ^^"^^ I belong, and »^ngM, Md mvite me to work for my Hving in com- 5^nm^!SS''*it"- I «^^d work and did work before you meddled with me ; I could work yet, but I must have somethmg to fiU my life as weU as work, and I have taken to drink again, because it is the only thing I know that meets the need I feel. I am worsT^ than I was before you started to reform me. Then I ftad friends, now I am alone ; for they have gone their own way : some to death, all of them from me. There fJS 1 ^ ^™ ^^"""^ ^ ""^ ^^® *J*e sympathy and ^he^Ioncehad. My friends had their foulte and they knew mme; that was why we were friends. AU you can oflfer me is patronage, advice, direction from people whom I don't know and who don't know me. The one thing that I want, which is feUowship. I have not got. You have taught me to depend on others. You have made me obey your ru£, and now you set me free to make rules for myself and feave me to drift back into the place wheri w!^ ; to face ttie same difficulties, the same temptations without the companionship of those who had grown mto my hfe. You have token three years from my We and you have given me nothing for it. Give me oa«k my hfe or justify your interference with it by nttong me to become a better citizen than I was » feel and tned to say, and there is reaUy no iMwer to ». It IS not a wise proceeding to treat the lives of men and women as toys with which we can play, and throw them aside without practical regard for consequences when we are tired of the gam^ If we rt!L'5!l'^^ ^^"^^ *^^y ^ ^^^ themselves, and the less fitted they are to do so the worse for 4. I HI iU I li 11 ii ii ii ii ■ II ' ! »78 THE CHIMINAI, AND THE COMMUNITY "member one woman who woe an inmate of a home i°T'- ?f b^viour was exoellent ; she was a^ wwker, dthongh she had had over k hun^ !^ nome. She always had been a sood wni>1r«i. ,« ♦!, vL oLJ^Sr^ character I suggested to her that it WM perfectly clear that, though she could not na^t a» temptations incident to lifei, the Zi rfa ^t a ieM S^' T"^"" '" "^ indefinite^fd'Xe « useful hfem the oonntiy. She replied, "As soon "^" tr in Th"'' ' "- «°^ "^kloT lOTO, and she kept her promise, with the result was proved that she could behave for a lonu nericrf when the only alternative presented to a re«SbtK outside an institution was I moro «Jji ^^"^ ™« inside an institaH^r ^ ^ "*""y regulated life toXl^,^w^' ^"^ P"**'"^ the outside farm to SS.^ T'^ K * "^ P"**™^ **« »*"«<« of the dty ShTdM^ w '"***"»" control from those like her. W» did not require to be continuaUy overlooked hv ^^ « o«ter that she should cJoZZt^uJ ^^H^f •""''f *^ *""**«''» of the inhaWtMite rf the Astnct m which she worked, and it is S Ztlttf^ *« might have be^ worS.^ C Cl^^ L"* '^°'^'^' thorewardof reste^ WS^.^" "^ '"l-^" -"» » ^-i term' no?^e ,^r "J '••*/'""" °* «"« ^^briate Home did X w^^ o^ter of the inmates or of the olfioials who were placed over them, but in the defect inherit THE INEBRUTE HOBIE a^g fa an Institiitioxu ; the fact that the maimer of Uving in them d^en essentiaUy from anything that obtains oiitMde. They are aU fomidcd more or less on the mihtaiy model, and the military model and the in- dustrial model are different. Far more than most of ns sospect we are the creatures of habit i—often of habit aoqmred slowly, graduaUy, and unconsciously. To remove ourselves from one place to another imphes the breaking off from some habits, but it also implies Reformation of others. It did not need the experience rt the Inebriate Home to let us know that men might be removed from the opportunity of drinking for long periods and, on return to their former conditions resume the habit. Years of imprisonment, wher^ teetotahsm is rigidly enforced and where the diet is of a non-8i;imulating character, did not make the men who were submitted to it abstain from drinkimr on their release. The objectionable habit can o^be cured through being replaced by something which w of equal interest, has greater power, and enables the man to live his life without being a nuisance to his neighbours. When men or women are placed in association with one another, they have to find some common bond of mterest. In every voluntary association this is rec^iised. Religion causes some to cut themselves off from the world and to devote their lives to its pur- smt. Men differing in social positions, in age, in ex- penence, in character, in temperament, join together to form a community. The one thing they have in common is their form of belief. They may differ as widely as possible in their views on other subjects, but these differences are not the thing that holds them together. They would rather tend ci themselves to break up the association, since disagreement drives •' i 'is in I? '* i i ate THE CaiHINAL AND THE COlOnnOTV bmoM Of the bond «»to»i». Difieniic.. there ue unoniTSe ^^' ^l^* ^""^ •*»"«* «5» "-S^ «>• pomt St Tfhioh some oomnum agreement bdanoei them, wittout breiAing „p the mST ^^ Me ««rtl. ?°" "^ ?'^ reformatory inetitntion. Me not Yohmtary awooUtion.. but there can be no interoourae amongst their inmate, that i. not bawd Z,^'^ ^Perienoo' oommon to them aU. In the ^bnate Home, the oommon factor i. inebriety. Z^. ^"^ aU dike : that they hare indntod ii^ d^J^'lf ^ '"^^ «»t the Uw ha. interfSed S *~ wth th«n, and w the queetion that every new- «omerh«tof«»i.,..Why.«youheret» Z^ wmpeUed to aMooiate with one another, and tho/^ of the oauo.' .toiy. Scene, are reoalW that^ ^^j-fofBOttm- Time q«,t in regretting the mS whUe detaifing it. incident may reB^Z^O^d^ m a»pet.M„n of the evil, which are d^plorei ' Brtte that the miml d«»ld dweU on ««nething .toe tb.a on the error, of time part. It is a oommon ttmg to »e a man begin to ten a wild epiwde or «T«nence of hi. earHer year., «id to ob.^ th^J beiMath hi. ^prewon. of critioian and regret there " • T^ ^.°* "tWiwtion that heha. b^ ttro^ It. «d a lingering reminiwenoe of the enlov- m«ntheh*.hadinit. He condemn, the folly. iSS;. It wa. a mirtake, and diows quite dearly that it wa. THE INEBBUTE HOME jg, hA^Vj!T' S*.*^ **™- Talking over the p.rt W^V*^ «»d keep, th. memoTof it aBy,.^ P«*t«o. m tto oojine may ««• that whiA Im. »««n»«g»rded mth diagmt to become • thing that is r!^!*^ • ^ «»* » l<»8«>d for. Iremember . OMmwhon with « inaute on the oocMion of . Tirit InS^'i^'^'*^""- I J-xl known heTi • habihuU offender for year, before her refonnrtiOT Z-^^*^' •»<> "t this time rfu, had beeT^ tS »«t,tut,on for more tium a year. I oongratuUted W Bonaed than 1 ever was. Ma meat is a' that a bodv 5^wZ'' "^ '.«•!** inair easay than I^ <^S ^ Me bits o- rows, of cour«,, noo and then ; wham a»TO are so many weemen you couldna exneot ^thmg ebe; bnt there's naetting to cTpK mto country's real bomiy in the summer, bit I «t toed of the country. I am a toon bird lie yomJr fwrtor jnd I weary for the streeto." TsSw to h« that since she was so well olf and 3^ suitMl on the expiry of her term with a place Vhe™ »ahe had had. die should make up her mind^ fcwp away from the town ; but she sLweredT^ No ; 1 a J'.,""*..'^ comfortable, but I wouW ^ a walk docm the Candleriggs for the haill o> it" 2rZ '^J^^^y had a walk down the Candt "ggs. followed by a drive to prison ; but it was avL W«ent that this longing for'her oid hauilto ^*^ "^w^y absorbmg. and that would become more ^WMful. Had such an interest developed in her fte 0« liminarjr to i«fpnn--The priaoner detained at the diaeretira of the priaon offieiala-fThe poweit of the Seeretarr of State— The change under the atotute— The neceeaary ignoiance of the ®^!***7 ?1 ®^ ^ "^» ^ Wa other duSea-The •'com. mitteea "—The habita to be tao^t-The teaching of tradea— The >8n«wa&ce of tradea on the part of thoae who deeign to teach them — The difflculty of teachkifl profeaaiona in inatitntiona leaa than that of teaching tradea— T%e Wee of obedience tenght— Intelli- flent co-operation and aenaeleaaaabordination— The militar man in the mdoatrial commnni^. SOBIB few yean ago the English Prison Com- missionera began a modified system of treating certain offenders. Borstal Prison was set apart for the purpose, a staff was specially chosen, and young offenders were selected for experiment. It was a notable departure, and the authorities seem to have been satisfied with the results. Either they had power to undertake the experiment or they had not. In the former case there was no need for an Act of Parhament to give authority ; in the latter case they must have been breaking the law. If they were within their powers there was nothing to hinder them from extending their beneficent work. That work would necessarily depend for its success on the experience 384 THE PREVENTION OP CRIMES ACT 385 •nd QMoiftl abUity of thoM who performed it. If qoAimoationi for the work no itatnte wfllo^^b^ ^Jim^ them to have dntie. phw^d npoi; them whteh they are not fitted to di^jharge. 80]^ iT™M^^* li^ to be Juatifled by it. J^ it woaU be fairly laf e to aMome that only thoM wZ oouM^ove their fitnew would direct it; now it need. M little of mioh jii.tifiofttion for ito continuance a. do too Inebnate Home.. .u^J^^^*^®** °' ^^'^^ Act (1908) deals with the Reformation of Yonng OflFender.," and the Detention of Habitual Criminal.." The vouns oflender. murt be not lew than mzteen and not mwe ttM twenty-one year, of age ; but the Secretary of State with the concurrence of Parliament may make an orte including perwns apparently under twenty, one, iftiiey are not reaUy over twenty-three year, of age. Tbo young offender must bo convicted on indict- mttit of an off ence for which he i. liable to penal wrvi- tudeorimpriKmment and it muat be apparent to the Court that he i. of criminal habito or tendencie. or an awociate of bad character.. The Court mu.t con- ^ ^l'^^ ?y ^^ ^"^^ CommiMioner. a. to theamtabihty of the offender for treatment in a Bor.tal Inrtitutaon; and may wnd him there for not leu than ^eand not more than three years. In Scotland the Secretary of Stote may apply the Act by Order, and may caU the institution by any name he chooses. If a boy ji a reformatoiijr commit an offence for which a Court might send him to prison, he may mstead be sent to a Borstal Institution, his sentenM then superseding that in the reformatory school ^e Secretary of State may transfer persons within the age hmit from pel al Mrvitude to a Borstal Institution. I J I* It! tfii 296 THE CRIMINAL AND THE COMMUNITY The Seoietaiy of Stole mmy mUMUh Bontol Iitftitatioiis, end mey enthoriM the Frieon Oom- ™«oiieri to eoquin land, with the ooomt of the Tnumy, end to erect or oonvert bnildinfli for the Pwpo». the ezpenw to be borne by the Bzofaeqner. ^mey make regulations for the management^ the to it, and for their temporary detention before their remorai to it. it ^IliH^^u^a^^^'T' ^ ^"^ Cbmmimioneri, him «i lioenoe at any time after he hae serred tiz mwittja-in the oaM of a woman, after three months ; and the licence will remain in force tiU the expiry of in which case the offender may be arrested without warrant and taken back to the institution. Subject to regulations, the Prison Commissioners may reTX>ke ^J^^}^^y^^' If a licensed person escapes from supemdon, or commits any breach of the cS- ditions laid down in the licence, he thereby forfeits it; and the time between his forfeiture and failure to retumis not computed in reckoning the time of his detention. The time during which he is on licence, uid conformmg to the conditions therein, counts as time served in the institution. Every person sentenced to detention in a Borstal tostitution remains under the supervision of the Fnson Commissioners for six months after his sentence has expired; but the Secretary of Stete may cancel this provwioii where he sees fit. The Prison Com- missioners may grant a Ucenee to any person under their supervision, and may reoaU it and place him in the institution if they think this necessary for his protection ; but they may not detain him for more i! ii! I ii V ■ THE FBBVSNTION OP CRIMM ACT ,«, jJ-^-x month. Ut. pM«d rf^ iJZSH^ ^«^ ofltaidM, djtotaad in BoBtal lartltuttoB, if IiamI i.k««^. 17 ^ *"•" lenn, witli or without lM«d Ubow, M the atmtuy of Stete m»y de^ J*rj««. mute llo«ee mut b. ptaoSr^iZiL I^ ^J^U!?u"*™* *» *^ lioenorV>rj •fwy 1>M undMtakni the aaittuuw or n»^J. F«M. inoTund may be piUd from public fai^ • |^ •»ri«»^ «o»gh, the jtatnte mdS. «, retoL. to A pawn nuy be moved from one Borrtel Ti»ti ^io "-other Md fr«„ one ^ X^V^ ^mSdom to another. He i» to be"' iinH«. JIk iT •»"«>«<» tnd diKipli, a, aMe^ ™^ f" .'"" ta hia —A—Ir^*^ . •PP**™ most oondnoive wto* tt .uffloMntty Tague. The only thing of anv KZT *^ P«* »* *^ Act ii Z^r^ rt ta nwely n«d to provide fund. f« wCwdet^ rf pMjnthropirt. to play with. the» ta littib g3^r« fi^hope that it win do much for the offendT m-oond part of the Act ta more peoultarthM, the M aSS THE CRIMINAL AND THE OOMM UNITY A oonwqiMiioe thftl might be eipeoted to qving from tlie prorfntioii of orime would be • diminiitioii in the nmnben of the polioe. It it their duty to eneet erimiiiele, and if the orimineli §n wtast up their ooonpetioii it gone. It ii » itriking feet that during •0 the diioiiMioni which took pkoe on the meaenre, nobody laggeeted that ae a leeiilt of ite operation there would be any onaller number of policemen required. There waa no likelihood of it ; for crime win not be prevented to any great extent by the inetitntion of "reformatoriee**— experience haa ihown that very clearly— bnt it will be «i«tnfai«ht«i to tome extent while the profeeiionuli are incarcerated. Thie haa been tried and found inaofBcient and nn- ■atitfactory. Theinew Act makee proyiaion for the care of people who have been liberated from Bontal Inftitntiona, and for the p^xormatoiy treatment of thoee who have become habitnala alter graduation in crime and in prison experience— neither of which qualifications makes it easier to deal with them. The ** habitual criminal *' of the stotnte is one who, between his attaining the age of sixteen years and his conviction of the crime charged against him, has had three previous convictions and is leading per- sistently a dishonest or criminal life. Such a person, after being sentenced to penal servitude, may be ordered to be detained on the expiration of that sentence for a period of not less than five and not more than ten years, at the discretion of the Court. The charge of being a habitual offender can only be tried after he pleads or has been found guilty of the crime for which he has been indicted, and seven days* notice must be given the offender of the intention to make such a charge. The Court has a right to admit evidence of^charaoter and repute on the question as to whether THE FRBVBNTION Of CBOOS ACT ••» ^»»«» J»w <>ai<»«on. to the ^i; S;^r"aSrs2i^rtte <^^i ted has to be deak wT+fcT^u ^* P*"**" P-»d. A ofauig, of Ubel.. however dextei^ dS wb^n! "^^i"* P»v«ntiTe detention di^ be nwmoe.. Md shall be employed on nmh work aa nmr oe Den fit to make them shl« ••./] -jir ^ ' l«»«t liTdihood 0^ SLJ "^ wJW to earn an It taJSlTS"J "^ -"^ *» »«•»* »11 reform. i i IHIJ 1 li! I !■!! ! 1 !l| ii 290 THE CRIMINAL AND THE COMMUNITY employed on such work as may be best fitted to make them able and ^nlling to make an honest hvehhood on discharge; but if this implication is justified, why should they not be placed under helpful conditions from the first day of their imprisonment T Toonewho is not a legislator it appears foolish to insist that offenders should be placed under conditions wluch do not fit them to Uve honestly outside prison, and that this process should be repeated until they have become habitual criminals, before it is ordered that steps shall be taken for their reform. What are the influwices ordered by Parliament, and what is the work they have to be taught which will make them able and wilhng to earn an honest livelihood ? Surely no Member of Parliament is credulous enough to beUeve that the influences and the work that will tend to make one man better will be suitable to all men. Even Members of Parhament do not all conform to the same rules, and there are as many differences among cnmmals as among legislators. "The Secretary of State shaU appoint for eve^ such prison or part of a prison so set apart a board of visitors, of whom not less than two shall be justices of the peac^. with such powers and duties as he may prescribe by such prison rules as aforesaid." « The Secretary of State shall, once at least in every three years during which a person is detained in custody under a sentence of preventive detention, take mto consideration the condition, history, and circumstances of that person, with a view to determining whether he should be placed out on licence, and if so on what conditions." , *' The Secretary of State may at any tmie discharge on Ucence a person undergoing preventive detention if satisfied that there is a reasonable probabihty that THE PREVENTION OP CRIMES ACT 29, dottnoDi life, or that he is no lonoer oan.hI«^-^ WprVin crime, or that for an/?Z ^^^^t*^ d«r.ble to ,ele«e bin, from ooXement ^Zi M. probation, ukI on condition that h, be pUcedTS™ named m the hcence who may be ,rillin« toLe S o.l^ff'T'^ °' ^"'*''* ^"^"^ «*»" "port periodi- mL^ S" ^~"'^ 5* State on the rndoT^d mdmrt^ of persons undergomg preventive detention and thett prospeoto and probable behaviour on rdw^ «nd for ms purpose shaU be assisted by a ^nS^' at each prison in which such persons arelST costing of such members of the boa^of ^^' TsZ °*^lr"?°« o* oither sex as the W^ of State may from time to time appoint. ^^ Every such committee shaU hold meetings at such ^^^°\ °°i ■""" "^ ^ monthsT^y^ P«8^b^, for the purpose of pe,«,mJly intervie^ peraonsundeigomg preventive detention in the p^ ^^I^^>^ reports embodying such inforlti^ J^^^^ «« may be necessao^ for the assistance o«rJ^ ' ^^ T^ " "y "*'«" »*»« hoW such u« particuhur cases, as they may think iecessarT^ «.oh ^f- "^y ■» » "«''' fonn, and may^Ui ™^«"> of the social conditions wider which they hved outside, and of their needs, can you IT^ ^r^^'P^* to find as things are at present ananged. The man who has the best chance to get a hoence under the Act is the man who can dodge b^st. i J ■jrtfJI «*.!*, £1»: \>' 396 THE CRUHINAL AND THE COMMUNITY M oar ezperienoe poiiito to the laot ; and it ii not mkoommon for the moet objectioiiable oharMter, by fobferyieiioe and syoophanoy, to impreM iaToniably thoae who have the dicpennng of priviteges, and this is not confined to priaons or priaoners. When a prisoner ia liberated on lioenoe from a place of pieyentive detention and placed under the snper- ▼irion or authority of a society or person, the society or person has to report in accordance with regulations to be made to the Secretaiy of State, on the conduct and circumstances of the licensee. The licence may be revoked at any time by the Secretary of State, when the person licensed must return to prison. If the person under licence escapes from the supervision of those under whom he has been placed, or if he breaks any conditions of the licence, he forfeits it altogether, and may be brought before a court of summary jurisdiction and charged with breach of licence, and on proof be sent back to the place of preventive detention. The time during which a person is out on licence is treated as a part of the term of detention to which he has been sentenced; unless he has failed to return after his licence has been revoked, in which case the time during which he may have been said to have escaped does not count as reducing the term of his sentence. The conditions of licence may be withdrawn at any time by the Secretary of State, end the person licensed be set absolutely free ; but in any case, after he has been out on licence for five years the power to detain him lapses, provided he has observed the conditions of his licence during that time. In both the Borstal and the Preventive Detention Institution it is intended to teach the inmates habi s and pursuits that will be useful to them in the world outside* What these are will altogether depend on THE PREVENTION OP CRIMES ACT 29; what it to h^pwi to them on liberation. No institution h- yet been devised that even remotely wsMnbS «^ like the life that it. inlSCLTT J^! «#l£?* ^^ ^*^ "^^^ »^"* *!»« advisability of tejobmg trade, to persons in institutions, but tli any practical knowledge of the subject they wouW not ^^L^'V'^'^^V^*^*^^*"**^*^-*- Mo« g«M to the learmng of a trade than the handling of It ^: u^®'' ^""^ °°* "'^'^^y ^ J«ani how todo a thmg but how to do it in association with other workers They leamthe trade not from the lecturesTa S^ or the instnictions of a foreman, but from watS «r*i.^ °' *'*^*"' "^^ imitating or avoiding^ methods, as seems most suitable. Take the i^o best to^eunen m ahnost any workshop, and you wiU find that they set about their work ekch in a diffe,^ way-each m the way he has found best suited to him- self. The apprentices learn from them ; and the hid orman who wants to lear^ a trade, is iU-advised in- ^edrf he goes to a workshop where there are as many apprentices as journeymen. ^ J^JI^ t ^ ^^ *^* ^^ ^* y^ oi a joiner's apprentjceship was served in sweeping the shaving^ andmboihng men's "cans"; and there was a 3^ deal of tenth in the statement. The best teadLZn i^^TZ iS"^ T^^ ^^^ ^* P^ °* ^^^ apprentice- mg for others, and unconsciously receiving impressions and gaming knowledge. The worst I h^ eTS^^ Z^ T«S ^^"^ r^**"' *^® '°'«"»"» ^ovL^t, when they entered on then: apprenticeship, to ^4o old Z ^ u ^^i ^ ^"^'^ ^°^^» ^^ ^^o ^ere chained to the bench right away. -««o« w <- ii ■f '-MC€liiM«.- i •'! ' 998 THB cruonal and thb ooMMUNrry In an iiiititution where it it nnderUken to teeoh ImU or men tr»dee, not only ere the condi t ioni leM iftTonraUe than those ontiide, bnt they ue ectneny opposed to them. In laot, yon have a company oompoaed ahnoat entirely of apprentioea. There are no jonmeymen. There ia only a foreman in the shape of the instmotor ; and as the longer he is there the more oat of tonoh he is with the changes in method that have taken place amc-^gst his fellow-tradesmen outside, he is only capable of telling his apprentices how he would do the thing, which in a workshop they might do better by following a plan more suitable to them. If he has to overlook their work they cannot be overlooking his ; and while he is criticising their e£forts and keeping them in order he cannot be showing them an example.* Every tradesman and every employer knows that it is an important question, not only whether a man has served his apprenticeship, but where he has served it. Of course, under the most favourable conditions some men do not become good tradesmen ; they may have gone to the wrong occupation for them ; but there are conditions that are generally more favourable than others for the production of capable workmen, and these conditions cannot possibly exist in an in- stitution. Exceptions trained there may turn out passable workmen and may find work outside, but the result of trying to teach trades in an institution will be that at considerable expense you will increase the number of bad tradesmen ; and there are plenty. I do not say that nothing can be taught in an institution. Many things are learned there. The whole point is that they are not tho things that make for efficiency outside. It is easily seen how a man who has not himself THE FBEVENTION OP CRIMES ACT 399 bem trained in a handicraft may beliere that it can be taught aa weU in one phtoe aa another, althongh if yoncon iider hia own ooonpation and ioggett that hia profajrion too might be taught anywhere, he will leadify lee objeotions. The people who are notably m*«»rted in prii jn reform are largely drawn from the profeMional olaMes and from the weU-to-do. It may be quite poedble to teaoh a priMner or the inmate of a reformatory to acquire the habits and the mannen iiointed to nuuiMe priMn. 3 Prtwnw know .boat the dntiee they nnderttke r*« ^y •«• ^pointed, but I do kn«;w eomethin. •bontthewonhipofdi«ipline. Di»ipUne bZIm* ^otiKltnuijrbetoknowkw. There mnit alway, be .^ " ?'«*,'*«Jon' Mid troth in enything the ^^'IST fT'" -y «• there i. in theZion. « word, of hM inferior. ; muI it i. in.ubordination to b^m «nor«oe or in contempt of thi. great At Nhool we were taught a ttaty about a man named Wilham Tell, regarding which the later critic. Se the accmacy. It Mem. that a high militanTW •o««ge ojDed G«ler Mt hi. cap n^ the i^ o^a pobm a>e market-pUwe and commanded the Ipeople to bow .town to it. Ten refold to do «.. and^ w»d and cmpeDed toenteronatertofhi.ddllin fwtaiy; and K> on. Whether the rtory about TeU » true or not, there can be no doubt about the cap : m cm form or other it i. still a .ymbol of authority Bonnet, but "It wama the bomiet, but theheid tt«t w«, in it." that w«, the real .ubj;ct of ^dttty BiMiphne pay. no regard to the head that i. in the ■■!-i 'if I :;i'-i: I llfl'- 303 THE CRIMINAL Mu TUB OOlCllUNITY cap. The otiip ii Um thing, though it may b« pkoed on a pole. Brefyhody knowe that the old oap of knowledge in faiiy talee hae no longer an ezietenoe, and that abeenoe of what ia called braine will not be oompen- eated for by any oorering of the ikuU, whaterer pre- tence may be made to the contrary. Of the virtue of obedience we hear a good deal, and if we look around ua we will eee evidencee that it may be no virtoe at all, but a vice. In one of the beet known of hie poemi Tennyeon deecribee the eoldiers : "Theira not to reaeon why: Thein not to make reply *' ; and there are many who think it a noble thing to teach a 'man not to use the braine he hae, and to die rather than ehow diareepeot to hie euperior by queetioning hie competence. Thie may be a military virtue, but it ie a civil vice. If it did not work outaide eo badly in practice, it might be allowed to paee unqueetioned ; but one hae only to look around to eee the reeult of ite application. The men who come under ite operation are not rendered more efficient dtixene 'hereby, but are hindered by the training they have undergone from obtaining employment in induetrial life. Subordination there muet be before there can be combined action on the part of men for any purpoees, but there need not be eeneeleee subordination. In any iron-work, for instance, where men work together, they each take their own and other men's lives in their hands daily. When they are acting in concert a false step, a careless act, on the part of anyone, may bring injury or death on himself and others; and they know this and behave accordingly, or no work would be possible. For the ine£Boient person there is no room, and when serious work has to be THB PREVENTION OF CRIMBS ACT 903 S?^S!^ 2*' **~ "*^ P*^ » tJ»«re li ooty worn lor WOUam T«D. Man diioharged from the anny find diflloiiHy in obtaining employment. It ii not that they era wone men than their neighbonn. It ia beeaue they hare leoeived the wrong kind of training. Employers do not prefer othen to them from any abeenee of patriotiem, bat from a desire for efficiency. They cannot afford in industrial occupations to have people about them who have learned that it is "theirs not to wawnwhy." They prefer those who have been taught to use aU the sense they have in dealing with their work. In short, the person who during the most formative years of his life has been employed in- dustrial^, makes a better workman than the man who during these years has been tau^t to wait for the word of command before he does anything. Yetwehave people going all over the country trying to convince their feUow-citizens that there is no salvation for us unless all young men are subjected to a period of military training, apparently in ignorance of the fact that those who have had that training have difficulty hi competing industriaUy with those who have none. It may be true for other reasons, for purposes of de- fence, that we ought to learn to shoot, though for my part I believe that most men are more likely to be tick sometime in their lives than to be engaged in fij^ting with people of whom they know nothing. That would seem to be an argument for their being taught how to preserve and care for their own rather thm how to destroy somebody else's health; but Gessler's cap is still in the market-place, and it is rude to say anything about it. Yet it is not the bonnet, but the head that is in it, that matters in the long run. i" f CHAPTER Vm THB TAMILT AS MODIL iiil The basifl of the family not neceflsarily a blood tie— Adoption— The head and the centre of the family— The feeling of Joint re> Bponaibility- The black sheep— Companionihip and qrmpathy neceeaities in lif e— Bef orm only poedble when these are found— ** Conversion" only temporary in defatdt of force of new interests— The one way in which reform is made permanent ONE great mistake made by those who ooosider social problems is that they either regard man apart from his surroundings or as one of a mass, instead of as a member of a family or group. Family life is the common form of social life, and what- ever its defects, it is the form that is likely to persist without very great modification. The family is based on marriage, and the parties married are not one in blood, though the children of the marriage are. The family tie, therefore, is not solely a blood tie. The members are brought up in a sense of mutual obliga- tion and in the knowledge of their interdependence. Occasionally adoption is a means of entering a family. When a person is adopted early in life, it is difficult to perceive any difference in the tie that binds him and the other members of the family. There is another and a temporary adoption which is much more frequent than is generally imagined, and the existence of which prevents a great many lads and moie girls from becoming destitute and from drifting into 304 THE FAMILY AS MODEL 305 wrtleoiiii... In GlMgow there are many young perMna who h.,»g jjo ,d,ave. of their own ^fliZH^ rJ£Sn^„?^ »l»tive. being m„rilling to take .^ mobbun lodpng. and help from ott]^. lntheo««o rf^ prb^they pay . portion of their eanring. to *^ oonmicm teeamiry and giye their services in^of ^ ™Arf a» hoa»hold, being t«»ted in alT^SS »V*oto as membets of the family. ISmyot^^ not ~«ing a «H5e ^rifioient to ^abi^m to^Tte todgmg at the ordinary rate; and it is this aS! ZLSt.^?^ ::^y ~ m«.y who .« in^^ of smafl wages a«. able to Bye respectably, and do so A««jptoh.ye bean made to pro^ hofils fJlZ .^^S^^' ^ ''^ «~™«1 *•»* t»>«>i' income is m^oentto enabb them to hire a room with attT *>noe, and Ou, hostels are frankly admitted to «,.^ charitable aid for their upkeep, thou^th^ ue m their management institutional ; that tato sav they ami at economy by the subdivision of labci' for funds to estabUsh such places that the girls to «» ma^ty of oases have solved the problem for them! "Jnnd of adoption; and that their solution is th^ e«»ot one-that the minority who have failed to tt1rtl.'^°''5°° «<« be bettor helped by sec^ aim T^L necessMy by subsidy, than by brin^ them together in an institution. ^^^ ♦1. 1.*°^ ?*"y j°^ ^"^ "»«» made as to who is t ^r^ ».ho»aehold-the man or the wSeTlad b^t T^, » occasiomJly a subject of dispute; tat m the family authority tends to adjust itself Item only ««t when there is mutual toleration of the shortoomings of the other and may discuss 306 THE CRIMINAL AND THE COMMUNITY them freely, but they all tend to unite against ontdde oritioism, and if they are awaie of each ot^'s demerits, they are equally sharp to recognise qualities which help to their advancement. So that while one member may be the head of the family, another may be the centre of the family. It is not always either the father or the mother that exercises most influence in the family council. These matters are determined by circu m sta nc es, and when there is discord and disunion it is almost inyariably due to a disregard of natural aptitudes and tendencies in the children, and to an insistence on parraital rights in the narrow sense. The enforcement of mutual responsibility implies the recognition of mutual power. The community in which we live is mainly made up of families. Tet men are considered as individuals, legislated for, and supervised as though this were not the case; and the authorities, instead of working through the family on the individual, contrive to raise the family feeling against them. The State is not an aggregation of men, but an aggregation of families ; and when men are considered in the mass they are considered without relation to their usual surroundings. It has been pointed out that the crowd takes on characters different from the individuals composing it, but it is quite wrong to imagine that men have ordinarily to be regarded as units in a crowd. Actempts are made to supervise men in masses ; that is what takes place in institutions. Individuals are supervised in certain circumstances outside, but they are best supervised in conjunction and in co-operation with the members of the family of which for a time they form a part. If every family has not its black sheep, in most cases it has some one of its members whose capacity is not equal to that of the others. In some of the cases THE FAMILY AS MODEL jo, ^I^ ^ """^ °* **» '•''• There are m.^ ohtoM. m evep dty who Me a g«.t trUl toS puento. and there are parents who sorely try X P^ «Kl resonrc of their children. T^Z, bnuhes who sp«.d care and effort to prevent ^e^ m OTdeaTounng to lead him into better oourws- bjrt tte oommnnity does nothing to help ZaTZi efforte nntd they drop their burden or are oomp^ tor,toqu«Ui it when the authorities promX^ oeed to apply official methods of treatnlt. WelS^ reached the pomt where it actually pavs the fJmn^ fin«ciany to disclaim responsibihS^fS^^ta^ It would be cheaper in every sense to help thoselX «.^ to bear their respondbility-whT J3l£ ^^J^^k"""?^"* "^o *^'" unablJ-S todo M we have done ; and acting on the igno3 ^umpfaon of our own knowledge, wait unta^^ devdoped so far as to be unbearable a^^d then put Z evil-doer through our machinery Unless ti>e offender is broug^it into sympathetic contact with someone m the community: who^ ^^*bh™ to resist temptation and enco^^tn^ "fllaoing, he never does reform. There me iMrmU :*». "tribute the change m their conTct^ HSt venion sudden or otherwise, towards religion ^e more sudden the change in their mental ^Zok tte ^titr^o*^^ «e i« ; f or the severin^^ etS SS V„ ^ " "^^^'^ ^P> " "°t »" that is S!?" ^ *»°°™"^*y S"'=h as ours a man cannot Standalone. He oamiot forsake his company a^ "ooBtomed par«uto and become a hemTC^ hfe of an early Cihristian sent into the wiST f>' yyi Hi 508 THE CRIMINAL AND THE OOlfMUNITY He has to remain in the world and live out his life there. He must not only be converted irom his former cooises, but turned to better courses. He cannot get on without company. He cannot even earn his living akoe; and the great advantage the convert has in our place and time is the assurance that he will be supported by others of like mind with him. They will find work for him and fellowship, and they fill his time very full ; but only in so far as good comradeship is established between him and others is he likely to remain steadfast. Comradeship deeper than the sharing of a common theological dogma and a common emotionalism is the only security for his reformation. To the man wliose life has been passed in sordid surroundings, whose work has been monotonous and laborious, and whose pleasures have been gross, the more emotional the form in which the religious appeal is presented the greater its chance of success. He becomes filled with the spirit — a different kind of spirit from that which has hitherto influenced his actions — ^but the result is an excitement and an ex- altation as pronounced as any he felt in the dajrs of his iniquity. No one can listen to the convert at the street comer without being struck by the fact that while he is detailing and perhaps magnifying the nuisance he was before his regeneration, he is as much excited and makes as much noise as he did in those days. In some cases his public behaviour makes little difference to his neighbours, for he is no quieter than he was ; though, instead of sending them to hell as he did in his wrath, he now tells them that they are going there. Of course there is a world of differ^ioe both to them and to him as a result of the change in his outlook. His cimduct is improved, if his manner is not; but every period of exaltation is Uable to be THE FAIOLT AS MODEL 309 «»l^ ^ OM rf dn«.«ton, MMi thta 1. the dMi«r to wliioh hit «moti~.worthy, they are .8 often p^entod fcon. domg the evil tl»y h«l concerted throi^h »m^ amg mterpoBng and claiming their interSt SI hp^. then, may be a very potent influence in rtarting ™i»» him to continue in the way of ZlldoS^^ hot b, pcmevOTMoe will depend far more than he timk. on hi. adaptation to the company otZ «! hponj^ and hi. interest in their work «/.ilirBv« Fot the moet part men are not wicked because they pefer evil to good but because they have come undS tte mlluence of evU ««ooiations which appeal to some- thmgrnthem. The mm at the streit%oiner who •peaks about serving God is, at any ratT LZS when he talks about having served the^de^ K d^~ * "^ ^^ ^ ^' 9°*<» »!««» from «>; *ore to have the approval of the Prin'^ oonywiiaioe that anyoQe ihoiikl be iJtoirwi to hftv^ A pnetiotJiy nnliniited mimily of Hquor. One of the tronbh. of the niw tiiirt tiikSd^ »^theiinotin*.t*tetoappieeiiitehiiowneoii. «|J» inen drank ; but he wente to miJw money out ot bis bnaineif, and beyond certain limito he cannot be martioular than hii neighbours. Itiiiometinies ▼ery difficult to,say when a man is drunk, but it if to the benefit of any doubt that may exist. It ought to be tiie busmees of the vendor to refuse drink tba man who has evidently had as much as is good for him. ^ may make mistakes, but they wiU be on the right ■ide if he has to pay for them. ^ aJ^^J"^ *^ ^ ^'•^®"* "^ *»"« applied with dnnk to excess has resulted in making the law, with wgard to the supply of drink to intoxicated penons. something very like a dead letter. I have ImWs man to be convicted for being drunk and incapable at a pohoe court, and though it was shown that he left a public-house in that condition after having had several drinks there, when the pubUcan was brought to the same court on a subsequent date, to answ^ a obarfi^ of breach of certificate in respect that he had supplied drink to a man who was drunk, the cham was found not proven. The fine for such a bieach of oertifioate would not have been nearly so great as the oost of defending the charge ; but a conviction would h»ve resulted in the endorsement of the licence, and ALTBRNATIVE8 TO IMPRISONIIBNT 315 mJi^ have 0M»d iU withdrmwiJ. Now m the mm «P«wa_oii (he lioenoe for hie UveUhood, thie wae VnatiotSfy m eenteiioe of dseth. In theM ceeee (he megliti»(ee eie ezoeedingly imwflliiig (o oo&yic( end ^J^naBqwDoe oheigee are eeUom made. If (he penaHy inflicted in (he poUoe ooiir( did no( tiberewoiddbe^^^ -r?^'^^ tf A-unkennees ie (o be preven(ed (hey mnrtbe deah with. Of oour.e a num Inay get draS toapriyatehouaeorinaclub; making it mwe dilHoult for him to become intoxicated in a pnblic-honee would not prevent that ; but even so, it would tend •iw f ^ '^^ *^ ^°* disorder; and if a man wui take more drmk than he can carry, it is alike better Slt^r^M^u . '^. '"^ ^ P^»^^« convenience that he should do it m private. There have been many complainte about clubs during recent years, and that jwne trf them are vile places there can be no question. The evidence given in the court as to how these Ob jec- tionaWe places have been conducted shows the^ jJutfMter qmte clearly, but in the worst cases the very act that such evidence was in possession of the •uthonties IS a grave reflection on their competence m^J^ST'^"^- Ii» "ome cases the clubs were little better than dens of thieves, to which hatf. mtoacated persons were lured to be robbed by people whose character was weU known to the police. Raid^ them avads little, but warning off those who wodd eater might avail much. Men in uniform pkced at 1^ doors would act as a sign to warn the unwary. ^ faiave preys on the fool. Warn off his prey and he will starve. !» j ««* ^*^ngh a subsidence or otherwise there is a hole m a stxeet into which a man might stumble and break .# 11; >]5f :i ,1 1: |i6 THB CBmiNAL AND TRB COMMUNriY liif kg. tlM plM» ii b«rkMid0d off and a watohmu iSS^J^^^ 'wum tlM fmnkm. Nobody would tmnk of iMTing the tn^ oim, erm Uioagh a ■Dfldant •mW»oo ■WTioo wm prorkied to oviy off tho fa- ITt: «^?I~..* P"^ «»»* k known to bo a trH> f oi tte fooUih it diMomod, on tho lame prine^ it i^t bo pfofitable to wam thoie who would entor it, n^ than to wait nnta th^ had fiiffend loM and than Mek to laiae and oonviot thoM who had robbed them. There are more wayi of oloiing an iU-oondncted dub than by withdrawing ittUoenoe; bat after aU haa been Mid, moit of the drankenneii that diigraoee our etreetf hae not reioHed from the oonfomption of drink either m private hoiuei or hi dnbi, hi ipite of what the t»de may lay to the contrary. Indignation agahist ohibe on the part of liqaorieUers if not doe to aeal for temperance, but apringa from jealouqr of thdr own monopoly. They aeem to thhik that men ihonld not take drink nnlcM they are permitted to make a profit to the proceee; and it is Jnet thia qnettion of profit that liea at the root of a^y effeotiye deahng with the matter. Onr attempts to punish the dronkards are often ludioroiis. It might not be so ridionlous to try to gt at those who make a profit off the drunkaid. He makes a loss; we make a loss; someone hai profited. We punish him; we punish ourselves: neither of us are profited at all. There is surely something wrong here. Those who are moapabk of taking care of themselves, or who are disorderly in their conduct throuj^ drink, when taken into custody by the police, might quite profitably be permitted to go home when they are sobo-, unless their conduct is becoming a habit; in which case some other method of dealing i With them requires to be considered. The di^raoe ALTBRNATIVB8 TO IMPRnONMBNT 317 of aixwl will ftpiMAl at effDotb^jr to uiy pmcm with • MOM of ihame m !» *>«— ^ing, bef on a magittnito wooUdo. WhM» i i n > t ho oott of tho twmbk ho h— OMiwd— liM boen infliotod on iiioh an oiMider, timo for pa ymopt ihoiild ahraya be aD' wod. A man will nmr earn money in prison to pay the ooeto of hie proteoution, bat if allowed to go about hie bnaineaa he may do ao. Even if he oan onl^ earn hit liying without paying a flne» behaving himielf the while, he hat done more than it would have been potiible foe him to do in priion. There has been a strong tendency of late years to daal with persons coming before the courts for the first time, even when the charge is regarded as a serious one, in some other way than by sending them to prison. Ihey are put on probation for a period, and if nothing is known against them for that time they are discharged. Probation rightly managed would solve the problem of their treatment in the great majority of cases. Imperfect as the method employed at present iSf^many have been benefited because under it they' have escaped imprisonment. It is most commonly adopted in the case of those who have committed offences agamst property ; yet if the principle on which it can be justified— the principle of substituting correc- tion for punishment— were mtelligently recognised, it would be applied in all cases, no matter what the offence; provided the offender was regarded as a suitable subject on consideration of his history and character. At present the offence more than the offender determines the sentence; and there is a greater likelihood of a person who has committed a petty offence being put on probation, than there would be if in the eye of the law the offence he had committed were regarded more seriously. «i| \A 318 THE CRIMINAL AND THE OOMBfUNITV The prooMi is popularly dewribed ai dviim the offei^ another chance. It ig a loose T^idi^ wWch ii^y mean anything. It «>metin,e. dci. mean' ^Ting him another chance to oflFend, and that is all. It IS mtended to give him another chance to behave • and this assumes that he has aheady had the chance • an assumption that is not always warranted if the fact^ were considered. CSearly it is of no advantaoe to the public that an offender should have a cha^ of again oommitti^ a breach of the kw; and if he is to be liberated from custody, it would be a reasonable proceedmg to «» that he is placed under such con- ditaons as would make it easier for him to obey than to break the law. , Putting him on probation ou4t not u "J^"*™in« him to the conditions undeTwhich he failed to resist temptation. Bather should it imply pl^ig him under less unfavourable conditions of life. What IS actually done amounts to this, that the offender, instead of being sentenced, on conviction, to imprisonment, is ordered to appear in court after Bomny months, in order that his case may be dis- posed of; and is allowed to be at Mberty provided he W)nsMits to live under certain conditions prescribed by the court, his conduct to be reported on by a probataon officer, whose duty it is to give him such counsel and aid as is possible without expense to the rates. The probation officer may be a poKce official; not necessarily a police officer, but under the control of the JST;. r « tl^« i« one thing that is more clear than another m Glasgow and other urban areas in suspicious of the pohce and the machinery of the law that masquerades in the name of justice-for it is a burlesque of justice to examine only one side of a ALTERNATIVES TO IMPRISONMENT 319 ; to decide how f«r the mdividoal is to blame for offending against the laws of the community, without making any enqniiy into the question how far the community is to blame for inducing the off enoe • Md this is feh, if it is not clearly expressed, by all who are liable to transgress. A tacit conspiracy against the officers of the law is not only apparent in the case of the poorer classes, but in the case of all ojasses, when they are brought into conffict with it. The old Roman father who sacrificed his son to the jaws, and whom we were asked to admire for his heroism when we were at school, is not a common phraomenon. He has left few descendants, which is probably a good thing. Now the father strives to shield his son; the sister puts the best face on her brother's conduct; and the neighi^ours wouW far rather condone the fault of the culprit than expose his misdeeds. They feel that our methods are wrong whenerer they come intimately in contact with them. Mid they obey their instincts and feelings ; that is aU Tt^y can see that it is wrong, that it is foolish, to in- twfere with a man to make him worse, no matter under what pretence, when they know the man ; although they will readily admit that you must punish the Render whom they do not know. So the probation officer may be misled into a wrong report regardmg the person under his charge when that person behaves pretty much the same as he did before he was first •nested, the conditions under which he is living not having undergone any material change. The pro- Ution officer has his hands full, having quite a number w people to visit and report upon daUy. These people Dwng widely separated from one another geographi- <»Uy. he is merely discharging the duties of an in- spector; and he cannot give individuals the attention {jiii i! 330 THE CRIMINAL AND THE COBfMUNITY their oaaet mAy require in order to their impiove- meiita Before a prisoner is discharged from the oriminaT Innatio department, the authurities fee that an approved guardian is provided for him outside. The conditions on which hie is allowed to be firee are dis- tinctly laid down, and the guardian is given the same authority over him outside as the attendants had when he was inside. If he breaks through any of the con* ditions imposed on him the guardian may report his misconduct, when he is liable to be brought back within the walls of the department. The same thing may happen if complaints of his behaviour are made by nei{^bours 6r associates. He has to be visited at intervals by some citizen of known character and integrity, whose duty it is to certify that the patient is fit to be free ; and at unexpected times a medical officer from the department may call and see him, his guardian, and others, in order that there may be a reasonable security for the public. It has been said that there is too much fuss made over these cases, but I doubt it. The public security 18 the first consideration, and there has seldom been any cause given for complaint on the part of the prisoner so liberated. He is not set free and left to return to the associations to which he has reacted badly in the past. He is not left to struggle for exist- ence and probably to fall under the struggle. He is placed under conditions which make it easier for him to do well than to do ill ; and if he will not conform, his rebellion is checked at the beginning. It is not the duty of his guardians and visiton merely to look for evidences of his evil tendency. They have to help him to do well. These guardiani are usually people who, f ot some reason, have a friendly ALTEHNATIVES TO mPBBONMENT ja, to kMn hi J. • '.V""*" '•M to keep a man ontside than to Jnep lum mmde a lunatic asvlmn im ALTBBNAXIVES TO UfPBISONMBNT jjj ^JT^ "?* T*? *^ «« Md gnMwo. ah. ■» taoto her brad umply beoame ths was pUoed onln «J»*««™wh«e then WM no iww«,bb i«ob.baity »«Ofn»t<^. »t a cost to the eommnnitT mooh neater i^JS^ •"" b«i inour^l had d/ been bSSS '^*^«??«»* «« ""r I«w.te under the oa» ol OTOM have hem fceed from the aawoiations that had proved nnraitable to her. «» uw naa Ifaney may be had. through ohanneb provided by Ptatoment. tor pUoing people in inrtitutionT^ fa«rto^ and oaierwiw; while the rtatute. do not pwnd. far expenditure in the way .pggested. Aooort- mgly the ream aaaigned for not d^ thing, wh^ obvjoody might be done with p«rflt SfthTSere^ 2!*JP"I^'.'^"^ them to act in the way souEestod fa^h«rf.oftheoiBoiaI.. This, if it i, ^ ZSlS mMtum, la not a vaHd one everywhere. When tha pwntB of a ohild are willing to wirrender their right. •^U-riian. on can« being Aown. mi to allow^ ywmg penwn who ha. offended to be placed under «mt»d of Bowc ' itable perwn, aU the power reqSS ■ m the hand, of tiie judge. "4<««« It i. raoogiUied that parent., however respectable. m»y not be able to give their children n>ch S^nttS •f«>V m»y require diould they contract oertahi o»»Me. ; and there i. wUom any difficulty in inducing *r *»»»'• thefr ailing child removed to an irZ^ fee treatment. On the contrary, there are morewito «* «iA toeatnunt for their children than can be ""onnnodated. For want of a better term, what we mvoan a m^al ailm«,t in a young perso;, may « "••n^ dofy the resource, of the parent, a. my r 334 THE CRIMINAL AND THE OOMIIUNITY phyrioal afliiieiiit oonld do ; and there are many pwenti who reoogniae the fact and would welcome aeajattnoe ; bat initead of helping them we aie content to wait imtil the offender gets wone, and then to free the paient fromaUaenieof reaponaibility and to make hia podtion more painful than it need be by placing the culprit in one of our inatitntiona. We may hope our action win do good, but the hope is not founded on experience. There is no law that hinders the community from assisting the needy among its numbers, although there may be no provision of funds specifically for this pur- pose. Whatever may be the case elsewhere, in Glasgow want of money is not the reason why things are not done. We have a large fund called the CSommon Good of the Corporation. Of late years it has been swollen by profits on the city's tramwa3rs to such an extent that a bonus, under the name of a reduction of rates, amounting to some £40,000 in one year, has been divided among the ratepayers. From this same fund banquets are provided; receptions are paid for; medals are supplied to magistrates ; and all sorts of expenditure are defrayed for which there is no authority to rate. A small sum relatively is granted in aid of scientific and charitable organisations, and about £600 is contributed to assist discharged prisoners. If money can be had to defray the cost of food, drinks, and dgars, for those who are quite able to pay for them themselves, and that without any special Act of Parlia* meat, surely it could also be had to prevent offender! becoming hardened in their offences, and to assist those who are willing to undertake the work of guiding and training them in right ways of living. Doubtless the money will be found when it is realised that it is at least as important to the city that people should be kept out of prison and helped to do well, as it is that ALTEBNATIVBS TO IMFRBONlfENT m thi|«aDeBt Md notoWa mcng the dtlMa. dioaU topo^I* to »y. but w i« „ CM b. Jnd«di tam Pwporthm of tho» d«Jt with might be^«lrt^ •^ " "»^ however, it ihoold be ole«riy imdei^ itood thjrt the money being the». i£ they « not S^^'V^k'^"'?**^"""'- H>e»MemMy ton brt there «e numy other, that are wSthy ^ it dM. not prohibit thow who ne willing fcom b^ve fliat they mnrt do nothing to heto ^^to »«d «^irt«joe nnh« they gJS Aot^p!XZ Nthonong them to do it. we need not wonderaour SLlT!!!?'.".'^''- The "& rob i. to do the ttm« that need. domg. «, long « there is not • podtiTe mpmobon agjiirt doing it. Thi, wiU oan» bSSiJJ "odoubt to the pe,«« who follow. n>d> « oom» o •oton ; bat I do not believe that any public officii ^J!?* °; *^ P^P"* *^ «> to "ceive puMo rapport and encouragement n long a. he Mdn to Mp peopb to help them«lve.. whTtever viTSo^ m authority may take of hi. action.. fl^ are too much bound by precedent. Appropriate ^a^JT'^^'TJ^^ ^y *^ coiSieSttion wi oonne that u no reafKm for not doing it now • b-^t take, the phK» of a reamm in ^too ^jl ».ow mterert i. taken in propcmk i don » man «ffaotiTe^ and At lev oott. If thaj ^SUL^SJ!^ ^ ^ poorhonse, at k MmetiinM ^''J^^ do 110^ Tpninih»ptiMm to ibitmimn,^ •ad iMpliMMd Mdttanoe they drag out whan frw: ■DdM ft mattar of fact, whan the weather become^ wodanty aeirera or their aUments beoome more in- ■^*» »J» **» PmW», not the pdioe, to which they gw-Jra^ kop« to be aent to a ho^tal. When thy reooyw iaffidentfy they are out again. Hay thii not afford a pnaamption that theie ia somethinff wrong irtth the poorhouae? Ia it leawmable to aaanmo wat, haTing eiperienoed an the bitteme* and haidahip Jtaa to thdr poverty and dettitntion-that knowing th^ win be subjected to hunger, rough uaage, and «Pororo--*h^ prefer to iuffer theae rather than truft /^ x**?^ "^y oflfciany meted out to them, and that th^ do this through iheer cuasedneis t For ??lJ*^lL^ "*** ^^^'^^ **^* ^y •" "noli fools, ifthey prefer to forage for themselves, knowing the tfffioulty of doing so, rather than Kve in the poorhouse. it is becauae, after balancing the advantage and dis- advantage, th^ have found that anytlung is better lor them than life in that glorioua institution. To •nyone who haa Uved theie, there is no ground for mupnae that they shouM adopt this conclusion. In the prison a man may have too much privacy, to the poorhouse there is none at aU. The inmates navmg nothing in common but their misfortune, poverty, and destitution, are housed together and Kve a bamok life. Some attempt is made to classify them, M though you could sort out people, in ignorance of toeir temperaments and tastes, by their record as OMotosed to an inspector. In our own experience people sort out themselves. In any churoh or club you get people of tiie same age and of similar good '1 i m I SS8 THE GBmiNAL AND THB COiafUNlTY ehMMMter. Tbtj oan all be ohrfl to on* aaollMr ii Ih^ BMt cwoMkwiil^, but Ml toy hatf-doMo ol tiMn to liTO tpgitlMr with ik> nliellroiii Moh othw'o ooiraMiy, •Bd than wffl be nb^Pkm inride ft week. In the poofhome the Inmatei hftTO to ioflir one another doing the whole time of their itoy. Someol them rebel and leave the pleoe, e?«i though th^ know that they win be mocemioomlofftableoiitBide. Ihejat kaet have a change of diioomlbrt. BvuOy the monej ■pent in ohaaiBg them and in keeping them woold 3^eld a better vetom if they were boaided oat hi oom^ lortabfe imronndingi, where dviing the few lemahifaig yean of their iHlyimage they might get freah air and eomr ipaoe to move aboat in. Their very feeUe- neee makee their ovitody kee diiBonlt, and it ie no profit to them or to us to make it more azdnone than itneedbe. Hit be objected that thiawoidd be tnating them better than the *' deeeivlng poor/' that ie onl^ to remind na of the ahamefol way in which we have neglected thoee to whom we give th»t name. The "deeerving poor'* are the nnoomplaining poor; and eo kmg aa they do not comphin their deeerte an Hkely to be die r ayi r ded, even when quoted aa a n- proach to thoee whoee behaviour haa attracted our oeniiue* OHAPTBR X TBI BITTIB WAT avud^mybtfouid whtntlMjan wnglit for-iriw malt 2ffi??£i£j;!l!!!l^'?S!?-5°?^ "»»««<« Witt w5: iMUtMl oflEndor-TlM one prindplo In poiology.^^ IF our oonrtt of fint inttaaoe were placet where mow ezhanttiye enquiries took plaoe and grealer oonnderetioii were given to the needs owie oMes ooming before them ; if the aged and dwtitate were oared lor and prevented from oflfeoding ' if minor oflenden were dther liberated on th^roini promiae of good behaviour or that of their frienda ; if people were pat on probatioii under conditions that gave them a favourable chance of conforming to the tews; there would still be a number to wh<»n such treatment could not be applied. iifc5!f* *** """"^ people who are not fit to be at liberty. They are so reckless of their own interests «w the mterests of othen that, when uncontrolled, they become a danger. Some of them are insane, jnd the lunacy authority should attend to them. imun, throufi^ indulging their temper, are in the way of becoming oisane ; but their mentia imy>^ndne8a 339 SJO THB CBIMINAL AND THB OOlOfUNITY it BOl 10 mailnd M to OMM tlM Imiaqr q^MidM to OOTiaythMB. UMiI it no IMM» why H ihoaU aol bt noopiind. Al pfWMH thqr Mmoy thow aioand thMi wMi mora or kM IminiiiHy vnta thoy Altaiii to tiie Idml ttMMlMNl ol inMnhy, in tlM piooeM td tlwir i^Mhiation paying Tiiiti to tho priion. TImto ii no Ntton why tbey ihoiild not be doAlt with from the beginning. Thiie ie oo]y pfeoedoit teUng the pleoe olieaeon. Th^ MO onfit to be at Uberty without i up wT i i lop , beoMaeth^eienotoepebleofielf-oontiol; bntmany of them oonld be tnined in the hebit. At pnemt they tie eDow^ to nm wfld lor a time end then iererely pat down. Their hie eltenatee between periode of riot and periodi oi repremion, and their natural uiiteadineee ii intensifled. If th^ knew that the period of riot had definitely ceaied— that they were not again to be aDowed to do what they Uked if it implied harm to othen— they would ii4 abont to oontrdl the temper that ie in danger of finality oontroDing them. Th^ boaat of being able to etand onr ptmiihmentt, and even invite them ; they mi|^t aa eaai^ be trained to qnaliiy lor our reward! had we any to oier. Ihey may be bratal and imnetimei aie, though brataUty ie no longer a oommon oharaoteristio of priaoorai in priMm ; but it does not follow that, bad as aoioe of them may appear, they are incorrigible. Their co idnot and reputation make it difficult to obtain gnoidiaih ihip for them. What can be done with them r If they are liberated at any time they are a menace to the eafety and the comfort of the oitiiene. It is became Bome writers have recognised this that they tuggesk the lethal chamber ae a suitable pUuse for them. It ii a bold thing to propose the wholesale killing of other mTBR WAY 3JI ptoiib MHwpt in nMM of wtr, uid if tiitM ww way ^ngw of the propoMa b«iif adoptod it it not •! all HnV ^hftl it woald be mtcU. It is dMipiMl to alMMk w, and it lyit to do to becMM we tUnk w« know thai tti^not bear diMOMion. Aa * matter of fact, aft piMMit we deetroy the Uwm of tbeee people in another way. Initead of oaring them of their evil p•ope^- ritiea we twiit them BtiU farther, and kill any ariiae of pabUo spirit in them as effeoUvely in the pr(>r<>js asweooalddoifwesaffooatedthem. If they wtrovut fa the lethal chamber that wooU be an end to thcui. As it is, we have to set apart zespeoUble dtii iis, nu to make them better, bat simply to watoh them maitog time before engaging fa another period of distarbanoe. If they aie not killed they most be kept. We have got past the killing stage. It is time we adopted n mote rational way of keying them. Either th^ have to get oat some day, or they have to be imprisoned tin their death. In the Utter case we need not troaUe aboat them beyond seeing that they aie not harshly treated, and Uiat those over them do not develop fa some degree the qaalities condemned fa the prisoner ; bat if they have to come oat agafa it behooves as to tee that they are not set free fa a condition that makes them less tMe to conform to oar laws than th^ were when we took them fa hand. Otherwise all we have gifaed by their inoaroeration Is the privilege of keeping thnn at oar expense. As an institatlons have this fa common, that the longer a man Uvea fa them the less he is fitted to Uve oatside, it foUows that the thorter time a prisoner is cat off from the ordinary life fa the oommiinity the lest chance there Is of hit devetopfag habits which wiU be oselett to him on his retam. The system of $32 THE CRIMINAL AND THE COlfMUNFrY putting people up for longer or ihorter peiiocb, and Uim tmning them looee withoat rape^on of a be^fnl kind and without proviaion for their Hying A deoent life oataide, ia quite indefendble and haa Qtteriy failed in praotioe. A priaon onj^t mertfy to be a plaoe of detention, m which oflendera are plaoed till aome proper pio- ▼laion ia made for their aupenriaion and meana ol liveli. hood in the oommnnity. If thia were reoogniaed existing institationa would be tranaformed. Thoiewho refuse by thebr aetiona to obey the law of the com- munity, and to live therein without danger to their neighbours, would as at present be put in priaon; but they would not be let out except on promiae to remain on probation under the supenrision of some person or persons untU they had satisfied, not an insUtutic/n official, but the public opinion of the district in which they were placed, that the restrictions put on their liberty could safely be withdrawn. The prison in which they would be placed would not be a reformatory institution where all sorts of futile ex- periments might be made, but simply a place of detention in which they would be required each to •ttend on himself until he made up his mind to accept ^ greater degree of liberty implied in life outside. The door of hia cell would be opened to let him out when he reached this conclusion ; but it would not be opened to let him out, aa at present, to play a game of hare and hounds with the police. Alike in the case of the young o£Fender and the old, the only safety for the citizens and the only chance of reformation for the culprit He in his being boarded out under proper care and guardianship in the community. The proper guardian for one person wouW not be proper for another. At present the same set of gudidiana— the THE BETTER WAY 333 p^ offloW*-look after afl Idndi of people who have offended. The fint objection which propoMis rach as thc«e meet is that it cannot be done. There are a great many peqple who use this expression when their meaning wally is that they csnnot do it. There is a ditowaoe! Wot %«* fawn whkfa the pnof hot «feiU nflMid WIS Bot the itigma of Maperiim. but ^tm ■ilVM illMlitatiaMiluB. When th» pnhlio oouoienoe wm gtimcl ngu^h^ *• trtatnuuii of th» insane, gnst buildin^i wsra MWlii and kvish provision was mads ibr the limatio. Tb these plaoss thonssn d s were sent for treatmsnt. By and by il beeame manifest that in many oases their l^sr eonditisn was worse than their first. They were bettsr houssd, better fed, better clothed, and better oared lor; th^ were protected from the omelty oi the wiokdd and the neglect of the thoughtless ; bat th^ aoqnized eyil habits from each other, and th^' mfected some of their attendants with their vices. Here and there snitabk guardians were found for one snd another of those whose insanity was not of soch a kmd as to main it necessary in the public interest that they shoirid be confined to an institution ; and now, in Scotkad, between five and six thousand are boasded out. That in some cases mistakes are made ■o one denies ; but the cases are few, and on the htlsnoe there has been an enormous advantage to It has beeome apparent that not only the hmiates si insttotions aoqBire peculiarities which mark them off from persons living outside, but the officials who ive In thsse pkees also tend to develop ecooitricities, •■dthere are proposals made with the object of pre- vsnthig them from living in ; the idea being that the More they ase brought in contact with life outside the lies they are likely to become narrowed in their views and their hab^, and the better they will be aUe to do thehf woric in such a way as would commend itself *o Jhs poMte whom they serve. " '»«Hi be had who are willing for a ooneideralaon S3fi THE CRIMINAL AND THE OOlfMUNRT to tete (^MgB of Inatioi, and to fulfil thik iAhm to tiie Mtlfrfietion of th» imUw, it ii not annM^i]^ to rappon that on mitable toiai guaidiant oonld bo found for ponoiii who kayo offended againrt Ite kwi. •ndi*o oMinot be «xpeo« ^"JlJ^ to the fononndingi which hftTo oontfibntod to their wrongdoing. The oriminid may be ptewimed to hme m gve«ter lenie of reeponiibility thioi the mMoe pmoB, and to be mon ftUe to take A itttkniel ^ijw^ hii podlion. In any oaee, it thonld nerer be ««10tten that ao far aa the pabHc ia conoetned then Meonfy two wayi of it ; unleM, indeed, we aie pre- PJiid to kill the , criminala or to immme them for life Tliey mnit either be Ubented. at at preMst. without pnmiion being made for their wdUoiiw, aad irithont goaianteee being taken lor their good bekaWov eyen if opportunitfae w«e pwvided ; ortheysnatbe hberated cm condition 1*at ti^y nnain ^Mbr aone fom of mper^MB and gnaadiaMliip. Uneenditienal fibetatiGn Imm aided ai cteater to •U ooMcnMl CoMlitiQnal UbentioB cw 01% be to vodnce ga«| Maoha if the — ^-fBin IM amat carter ii •••y aaae tka Hit of B ker tj i ooarfalMl with the . of tha pidilio ; and tketerfUteaflMMt be «iM paMb theiMBlTee. The oile hiaomiaalvatiaB^aBd show that] wrti irtJMM removed beion tiMy mm ranaevi. M ke ia Bearily aeqniied to do ao mider M^tm oond^icnB within the walk of an mmSkm,U eaon learn how to get roimd the oiBeirii tkew. MB^iiet m tke inetitution can irfkxrd no ncMi lor i*fiN ? ^"^m;* his behaviow wiB be rnitiido m irr ertfedy (fiflnemt conditions. Inside he kaa no «iMM 5tf bnttoobey. Outside he has to think and ael for him- ■elf. THE BBTTBR WAY 337 ■J* ta opportmiiiiM erf Mqniring new interaite h-Jlt;;^ ^^^ which •» STely to pSrt M ijwt. ^ ^rtom. h«re hmi their trial in deaUnir irfAth^ender. It h- alwy. been «oo^ ^ lie had offended. He hw been tran««tSto o^Und. the» to begin • new lifc;lKw IS? i^^- He hag been placed hi ««ooiation ^'tl!?'^' «d left, with very htTZ^ b-npUoedm^Jitaryoonflnement; cut of! from ooT W ^ any «»rt ; with the resnh of wrecking hi. l^ZTf^^^y- At pre«nt helT^S^ t^ •^S'^^ul*** ^ ~^ opportunity to^me!n 22^ with ^y .oeial life. One >y.t«n hM ■wtoi down after another. All .yrtems hare fafled m 4tm with him Mtiafaotorily. ^T •J^^^ V^^™' but only a method ; and J^ !t ■^•^iopted by the phyrician in diJS Z^ -T: ^^^^ ^ **»" aatiafied him.^ r^**J^ ^ — ^ *o lum for advice is suffering Z?t^»!!r??^ ^^'^ ^^^™»'P<^<^peethirtory. — — WW aag iiw.iiiii, and the Meial condition of the ■■■« »einlonnation gained conoder. hi. t. «• eoiwe ol conduct prewribed for one hnA JSS!il ^"f^ wuniitabie for another, although ^wflir from the Mie complaint; and the wS S?!^ ^"^ ^^^ *^«^^* ^^« o«t of account theopmMmcrft^ doM. It i.j«rt» with the offender. In many ca«» iL i:i:f .*? *^ '^ '^'•w be done jsn It » not scaaething that would leMiH 338 THE CRnCDIAL AND THE GOlOfUNnY in bami to the oommimity thero it no reMon why hk opinion dioold not be ooniidend, Irat ovwyiMMn wiqr itfiioald. Tbe expert meylmowA good deal eboot the offender, bnt it Iim been prored orer and orer again that he doea not know how to lefonn him ; for he baa been giren ample qpportmiity, and bia pfeaoi^ tiona ba^e ended in faihne. The oiBoial pefaon ia i^pt to imagine that he and bia metboda aboold be above oritioiam. EQa ofBoe lias been mffgniflitil ior ao l*««»g that he honeatty belieyea it la neceemy that it aboold be m a intain ed in the intereata of the puUio. No biatitation can be created which will not reaoh in the formation of yetted intereata in ita continaanoe ; and yet eveiy inatitntlon mnat be judged 1^ ita xe- aolta, and not b^ the opiniona of thoae who are aet to numageit. WWi the imp ro v em ent in the aodal condition of the people; with an imveaae in the minimun atandaid of living ; with the abolition, er even the mitigation, of deatitation, the whale oomfdexion of thi^p woidd be altered. That ehangea in theae dinotioni wiU occur there ia eveiy reaaan to snppoee, bnt meanwhile many fall by the way and many take the opportunity to graap an advantage to the h)ea of their neig^boiiia. Under any Bodal eon^tion offmoea iMy occur. ¥^hat- ever laws we make there may alwaya be law-breakan. A man may become poe ee eae d by jealonqr or wrath and hijnre bis neighboiir, or from envy or greed may fob him, but he can only aequire the habit d doiiv ao with our penniadon. If he ia cheehed at the bef^bming and placed under control, he wil not aoquiie that habit. Our preaent metboda baye not p rev ented the growth of the habitual ofcider, and they have not been de- ' to help those who haive gme wrong to reform. THE BBTTBB WAY jj, neg»»» d«fco» ta .n onr ^yrtwM to th.t they Me not b»d OB • noognhloo diaoaltgrortioofaig,l» A gp il i oiol ilp la iaokitatkM, 117-MO *■ * '> »■" •• ftmU, ISO, 1S6, W IS BBad oiky oooupotjoao, 130 Booidi^'Mtofohildiw, m Booidlag oat or booidiag in, tS6 Bop'o«M«Miti,iai.ao Bojo oad adirmUn, 190 Bojooadthoft,lM Bojhbowr, 110 B^, nboUioiM, 118 Bof NonotioB, 128 Bogr Sooata, 1S8 Bojtndw, 188 Bogr, tnuat, 119 OMeo, iUaitnUrt, 26. 27, 29, 88, M, 87, 88, 89, 42, 84, 69, 71, 74, 77, 80, 81, 92, 104, 118, 119, 148, 144, 148, 148, 161, ISS, 180, 201, 264 (Mb, polK IM (Mlo, priooa, 988 (MIo, pubhiDwt, 988 OMlroliMttoB of prim MOBt,910 Olwpbiao, prtea, 918, 988 Ohority,988 ObMtitsrMid fHMna oomImI, 168 OUklrM'o oowli, 192, 196 OhildrM, OTMl^ to, t§ OhurahM Mid tho iauBignrnt, 87 OItU priooam, 2M OivU owitmH •biUij of, 914 Oompalioiy todiag ia priooa, 9tt 0«»o*ota«t of pngaaa^, 188-7 Ooadaet, loooo, ia oobm diotrieti, 167 OoBlaoaioat, aolitofy, 998-81, 887 Ooatrol of prortitatM, 168 Ooavonfam, 807 OoBTioto,866 Coarti, eUldna'i, 192, 198 OMrti. Ulhor, 908-9 Ooorti, poUoo, 198-908 Oriao oad dumetor, 8 Orimo oad dty Ufe, 109, 110 OrioM ood Moiol iiMqaalitiM, 103 Grime tad vice, 10 Crime and woaieo*! wafea, 149 Crime in relation to drink eon- nimed, 62 Criminal, alioi, 100 OriminidoIoM, 11 CHmiaoI, hoUtod, 11 363 ^'wi o cory hmuition mr cnait (ANSI and ISO TIST CHART No. 2) A ^^PPUED INA^IGE li nc 16S3 Eoit Main StrMt ^<*f««-. Nm York 14609 USA (716) 482 - 0300 - Phon* (7ie) 2aa-SM9-Faii 344 INDEX Orimiiul, indiotmentt, 207 Criminal lanatios, lapervision of, S20 Criminid, notoriou, 12 Crimiiul stetistics, 14 Orimioals aod offenden, 7 Oriminalt, conduct of, modified in priaon, 6, 8 Criminology, paeado-, acience of, 18,14 Dancing duba, 142 Deatha in priaon, 261 Debt, impriaonment for, 254 Defective and the police, 37 Defecta of probation ayatem, 317- 24 Denaity of population and crime, 79 Deatitute child, the, 74 Deatitnte, dilemma of the, 72 Destitution, 68, 69, 70 Deatitution and theft, 70 Deatitution through age, 74 Diet in police cells, 196 Diet, prison, 223-4 Discharged Priaoners' Aid Socie- tiea, 261 Discharged prisoners and police, 260 Discharged priaoners and their helpers, 262 Discharged prisoners, demands on, 263 Discipline, 301 Doctor and patient, 246 Domestic servanta, 163-6 Drink and child neglect, 66 Drink and crimes against the person, 63 Drink and cruelty, 64 Drink and malidooi mischief, 58 Drink and paaaion, 54 Drink and personality, 58 Drink and petty offences, 52 Drink and porerty, 68 Drink and the profeaaional thief, 6 Drink and pugnacity, 54 Drink and aazoal offencea, 66 Drink and social oondition, 64 Drink and aoeial evila, 61 Drink and theft, 59 Drink inducing aasault, 54-5 Drinking dubs, 816 Drink in the country, 62 Drink in the town, 68 Duration of control for younj offenders, 286 E Education and quackery, 162 Ezerciae in prison, 242 Executioner dnd surgeon, 171 Exemplary punishment, 185, 179 Expiation, 178 Faculty and ita exercise, 22 Faculty and position, 20 Fallen women, 263-4 Family history, 21 Family life, 304 Family reaponsibility, 807 Feeding, compulsory, 246-9 Fellowship, 88, 116-6, 308-10 Fines, 178-8, 317 Fit, the, and the unfit, 19 Flogging, 171 Football, 129 Gambling and theft, 106 Gambling, prosecutiona for, 108 INDEX OMnbling, the Chnreh rad, 107 Ounbliog, tb« Vnm and, 107 Oirlof theslonu, 148 Oirlsud Mzoal offraoet, 151 Oorarnment byolerk, 295 GntoitiM to priaoMn, 231 Gulf between risiter and prisoner. 286 H Habiti formed in prison, 25i^ Habitual eriminal, 288 Habitualsnnder license, 296 Heredity, 17-28 Heredity and original sin, 22 Hire-purchase trading, 254 Homes for OflTenders, association in, 269 Homes for Women, 265 Hooliganism, 185 Hospitals, prison, 248 Imitativenessof girls, 148 Immigrant, alien, 98 Imprisonment, effect of, 269-70 Incorrigible and incurable, the, 168 Inebriate Homes and their in- mates, 272-8 Inebriate Homes, defect of, 278 Inebriate Homes, failure of, 275 Information, official, 47 Insane, boarding out of, 385 Insanity and drink, 84 Insanity and embezzlement, 29 Insanity and fire-raising, 26 Insanity and murder, 31-3 Insanity and responsibility, 24 Insanity and theft, 26 Insanity, crimes suggestive of, 81 Insanity escaping notice, 28 345 Insanity inducing erime, 26 Insani^ resulting from criminal indulgence, 88 Institution and family life, 288 Institution habits, 282 Institution, stigma of, 885 Institutions, common interests of inmates of, 279 Institutions, military model of, 270 Interest, personal, 48 Jealousy and crime, 145-7 Jury, Scottish, 209 K Knowledge and experience, 188 Labour, limitation of hours of, 181 Law, administration of, 118 Law and conduct, 8 Law and locality, 9 Law, the, and tiie poor, 85 Law, ignorance of, 90 Law, inability to obey, 90 Law, respect for, 181, 319 Lectures in prison, 241 Lethal chamber, 168, 880 Liberation, conditional, 886 Liberation, prisoner on, 268 Liberation, unconditional, 886 Library, prison, 240 Licensing, 314-816 License, spirit, penalties for breach of, 314 Medical man and prisoners, 5 Medical officer, prison, 218, 251 346 INDEX Medicine tad qoMkery, 162 Mental deAot and deetitotion, S7 Mental dafeet and mpondbility, 86 Mental defeat malting from indol- genoe, 80 Mental defect and theft, 87 Mental derelopment, nneqnal, 85, 182 Mentally defcctive, 86 Mental faonlty and aooial atress. 86 Mental incapacity and child neg. lect, 66 Method, practical, 887 Migration of town workers, 87 Migration from the country, 96 Minor oflfenees, 812 Mnrder and the death Stance, 81 Murder, the element of accident in. 82 Obedience, 301 Obscene language, 92 Occupations, blind alley, 130 Offenders, first, 9 Offenders, guardianship of, 833 Offenders, habitual, 287 Offenders, minor habitual, 813, 327 Offenders, occasional, 818 Officials, public supervision of, 113, 212, 249 Official utterances, 276 Overcrowding, 79, 80 Overcrowding and assaults, 83 Overcrowding and increase of regu- lations, 88 Overcrowding and sexual offences, 82 Pain and vitality, 176 Parent and child, 119, 120, 128 F^nts, assistance to, 126 Parliament, helplessness of, 111 Paternity in concealment cases, : Paupers, boarding out of, 884 Penalties, 178 Penalties, inequality of, 176, 17 Penalties, multiplication of, 88 Permanent officials, 118, 212, 2^ 274 Pernicious literature, 126, 127 Personal service, 116 Physical defect and crime, 41 Pleas of insanity, 82, 208 Pleas, special, 208 Police and the defective, 37 Police and discharged prisonei 260 Police and local conditions, 191 Police and military models, 190 Police and public, 189 Police casualty surgeon, 197 Police cells, 195, 196 Police courts, 91, 198-202 Police court assessors, 200 Police courts, country, 90, 206 Police courts, summary work ol 202, 208 Police, difficulties of, 195 Police, duties of City, 91 Police efficiency, IPl Police force inspection, 190 Police judges, 198-203 Police judges, appeals from, 199 Police, multifarious duties of, 189 Police pay, 190 Police persecution, 260 Police prosecutors, 198 Police sUtion, 194 Police, transference of, 192 INDEX Politioal Mtion, 111, 112 foot, the, and the Uw, 84 Poverty and crime, «7, 78 Porerty and erine against the penon, 82 Poverty and drink, 68 Poverty, the praise of, 108 PreventiTe Detention Committees. 298 Preventive detention, rules for, 289 Prevention of Crimes Act. 1908. 284 ' Priion and military government, 4 Prison and poorhoose, 827 Prison, aasaults in, 232 Prison cells, 222 Prison chaplain, 218, 238 Prison clothing, 224 Prison Commission, 211 Prison, deaths in, 251 Prison diet, 228-4 Prison exercise, 242 Prison, general plan of, 221 Prieon governor, 217, 281 Prison habits, 269 Prison hospitals, 243 Prisons, inspectors of, 211 Prison lectures, f;41 Prison library, 240 Prison matron, 217, 225 Prison medical officer, 218, 251 Prison offences, 232 Prisons, Parliamentary supervision of, 212 Prison, proper ftmction of, 332 Prison punishments, 232 Prison routine, 220 Prison rules, 213 Prison Visiting Committee, 215-7 Prison warders, 219 Prison work. 226 Prison wor'-bhops, 228 Prisoner and doctor, 244 Quackery, 163 347 Prisoners and enqnirers, 40 Prisoners and their friends, 47 Prisoners and police perseontion 260 Prisoners and recreation, 241-2 Prisoners and religion, 288 Prisoners and religious visitors, 286 Prisoners and visitors, 46, 286, 262 Prisoner's attitude towards visitor. 286 Prisoners, civil, 264 Prisoners, classification of, 6 Prisoners, oommon characters of, 11, 18 Prisoners' complaints, 288 Prisoners' gratuities, 281 Prisoners, ideals prescited to, 287 Prisoners, insane, 24 Prisoners' language, 46 Prisoner on liberation, 268 Prisoners, sick, 244 Prisoners' statements, 44-7 Prisoners under death sentence, 167 Prisoners untried, 262 Prisoners, visiU to, 45, 281, 286. 252-3 Probation of offenders, 317 Probation system, 318 Procurator Fiscal, 207 Property, supervision of, 110 Punishment, arbitrary, 172 Punishment, capital, 167-70 Punishment cells, 233 Punishment, corporal, 170 Punishment, deterrent, 179 Punishment in the past, 164 Punishment of children, 174 Punishment, retributive, 165 Q 343 INDEX BMTMtioa, pnblie, 86 lUroni, the onlj method of, t87 BoUgiow •tmo^hon, 369 Sdigiou Tiriton, 385 B%ht and wroaf , 188 8 Bttntnj of State nd priioner, 391 Btmtagj of State, mnltipUdty of dntiM of, 393 flelf-d«oeit in flrimiuala, 106 SmiUo ohangM and erime, 189 Sentences, short and lon^^ 367 Scrvut, domestic, temptations of. 164 8«»ioe, domestic, conditions of. 168 Sexes, sttrsotion by oppo^te, 141 Sexes, relatiTe position of, 140 Sheriff Coorts, 208-6 Sheriflb, 808-6 Sick prisoners, 344 Slum, the, 83-6 Sodal ambition and dishonesty. 104 Social inequalities and crime, 108 Social intercourse, 87 Social jealousy and distrust, 104 Social opinion and conduct, 182 Social questions, quackery in, 163 Sodal stress and mental faculty, 86 Spirit of the crowd, 186 Statistics, criminal, 11-4 Street trading, 188 Subordination, 802 Supenrision of permanent officials, lis, 212, 249, 274 System of probation, 317 TiMft and malldou misehid; U lVadss,tsaohingof,297 Aeatment, rational prindples of 164 Unemployed workmen, deoadenet of, 78 Untried prisoners, 353 Vios and crime, 10 Vidtors'attitods towards prisoners, 386 Vidtors, religious, 385 Vidte to prisoners, 45, 385, 263 W Warders, assaulte on, 383 Warrior and worker, 166 Widows and orphans, 113 Women and bigamy, 159 Women and theft from the person. 144 Women and standard of livibg, 160 Women as decoy, 145 Women as wage earners, 149 Women, fallen, 268-4 Women offenders, 144, 268 Women offenders, help for, 264 Women offenders, podtion ot; 265 Young offenders and license, 286 Young offenders, incorrigible, 287 Young offenders, reform of, 284