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+Project Gutenberg's A Plea for the Criminal, by James Leslie Allan Kayll
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Plea for the Criminal
+       Being a reply to Dr. Chapple's work: 'The Fertility of the
+       Unfit', and an Attempt to explain the leading principles
+       of Criminological and Reformatory Science
+
+Author: James Leslie Allan Kayll
+
+Release Date: April 29, 2009 [EBook #28632]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A PLEA FOR THE CRIMINAL ***
+
+
+
+
+Produced by Jonathan Ah Kit, Barbara Kosker, Mark C. Orton,
+Victoria University of Wellington College of Education
+(Gender and Women's Studies Programme) and the Online
+Distributed Proofreading Team at http://www.pgdp.net
+
+
+
+
+
+
+
+
+
+
+
+  DEDICATED
+  TO MANY KIND FRIENDS.
+
+
+
+
+  A PLEA
+  FOR THE CRIMINAL.
+
+
+
+
+  BEING A REPLY TO DR. CHAPPLE'S WORK:
+  "THE FERTILITY OF THE UNFIT,"
+
+  AND
+
+  AN ATTEMPT TO EXPLAIN THE LEADING
+  PRINCIPLES OF CRIMINOLOGICAL &
+  REFORMATORY SCIENCE.
+
+
+
+
+  By
+
+  THE REV. J. L. A. KAYLL,
+
+  CORRESPONDING MEMBER OF THE HOWARD
+  ASSOCIATION.
+
+
+
+
+  INVERCARGILL!
+  W. Smith, Commercial Printer, Temple Chambers, Esk Street.
+  MCMV.
+
+
+
+
+AUTHORITIES CONSULTED IN THE PREPARATION OF THIS VOLUME.
+
+  Brockway, Z. R.                  Elmira.
+  Corre, Dr A.                     Paris.
+  Drill, Dimitri.                  Moscow.
+  Du Cane, Sir E.                  England.
+  Dugdale, R. L.                   America.
+  Ellis, Havelock                  England.
+  Ferri, Prof. E.                  Rome.
+  Garofalo, (Baron) Prof.          Naples.
+  Kidd, Benjamin                   England.
+  Von. Krafft-Ebing, Prof.          Vienna.
+  Lacassagne, Prof.                Lyons.
+  MacDonald, Dr. A.                Washington, U.S.A.
+  Mercier, Chas. M. B.             England.
+  Morrison, Rev. W. D.             England.
+  Manouvrier, Dr.                  Paris.
+  Moleschott, Prof.                Rome.
+  Orano, Giuseppe                  Rome.
+  Ribot, Th.                       France.
+  Rylands, L. Gordon               England.
+  Salomon, Otto                    Nääs. (Sweden.)
+  Scott, Jos.                      Elmira.
+  Spitska, Dr. E. C.               New York.
+  Tallack, Wm.                     England.
+
+
+
+
+CONTENTS.
+
+                                                    PAGE.
+
+  CHAPTER I.
+  Introductory                                         9
+
+  CHAPTER II.
+  The Criminal                                        14
+
+  CHAPTER III.
+  The Causes of Crime                                 28
+
+  CHAPTER IV.
+  The Methods and Philosophy of Punishment            61
+
+  CHAPTER V.
+  Elimination--Dr. Chapple's Proposal                 87
+
+  CHAPTER VI.
+  The Obligations of Society Towards the Weak        120
+
+  CHAPTER VII.
+  The New Penology                                   133
+
+  CHAPTER VIII.
+  The Prevention of Crime                            138
+
+  CHAPTER IX.
+  Some American Experiments--Elmira                  155
+
+  CHAPTER X.
+  Conclusion                                         188
+
+
+
+
+Chapter I.
+
+INTRODUCTION.
+
+
+This little book presents an appeal to society to consider its criminals
+with greater charity and with more intelligent compassion. No other plea
+is advanced than that the public mind should rid itself of all prejudices
+and misunderstandings, and should make an honest endeavour to understand
+what the criminal is, why he is a criminal and what, notwithstanding, are
+his chances in social life.
+
+The criminal has a claim to be understood just as well as any other
+creature. It is not necessary that his sympathisers should shut their
+eyes to the fact that he is capable of shocking crime, that he is often
+an ungrateful wretch that will bite the hand that feeds him and that
+among his ranks are to be found the most depraved specimens of humanity
+that the mind can conceive. A failure to recognize these facts is
+actually a failure to do justice to his cause. Notwithstanding the
+hideous history that he may have to unfold, he does ask to be
+understood.
+
+The majority of people take a most prejudiced view of the criminal's
+case. They will read the account of some fearful outrage or the details
+of a disgraceful divorce suit with absolutely no interest what ever in
+the persons concerned but only for the sake of the morbid satisfaction
+which such reading gives them. A glance at the sentence will draw forth
+from them the exclamation that the wretch got no more than he deserved
+or that he didn't get half enough. This simply indicates that society as
+a whole has made very little real progress in the manner in which it
+regards its criminals. The old barbaric idea of revenge is still the
+dominant one and any scheme for the betterment of the criminal, even if
+it should give unmistakeable signs that it will accomplish his absolute
+reform, is carefully investigated to see whether it provides for a
+sufficient degree of penal suffering. Suffering which is of an entirely
+penal nature, has very little deterrent value and absolutely no
+reformative value whatever. And yet our refined and educated men and
+women will read the accounts of crimes and, in their own minds, sentence
+the actors to five, ten, fourteen or twenty years; even death, as if
+criminals were so used to this sort of thing that they thought no more
+of it than their self-chosen judges would if deprived of a day's sport
+or disappointed over a ball.
+
+"But," as an ex-member of the Justice Department said to me, "do you
+know what the wretch has done?" Yes, I do know what he has done, and I
+know him personally and well, and I know of what he is capable and such
+knowledge brings with it the conviction that society commits a greater
+crime than that which he has committed when it undertakes to punish him
+for his offence upon a principle of pure vengeance.
+
+"Vengeance is mine," saith the Almighty, "I will repay." Society is not
+God any more than is the individual, so that by acting in the collective
+capacity no additional plea of justification may be advanced.
+
+The endeavour of this book will be to show that the best interests of
+society are not served by the infliction of punishments which are
+essentially penal but by the accomplishment of the reform of the
+criminal. This latter process is for the criminal himself, infinitely
+more severe than the former, but it inflicts a pain which raises the man
+to a higher level; it is purgatorial, and not one which, being penal,
+leaves him a greater enemy to mankind than ever.
+
+The criminal is not excused for his wrong-doing, he is not regarded as
+an automaton, but simply as a creature of capabilities and possibilities
+which require the intelligent sympathy of his fellows in order that they
+may be properly developed.
+
+There are many persons who regard the reform of the criminal as an
+absolutely hopeless task and a waste of time to think over; they
+advocate his extermination. They would fling back to the Creator His own
+work as having, in their judgment, proved worthless, even mischievous.
+
+Dr Chapple is astounded that the existence, or at least the birth, of
+defectives should be allowed. It is, he says, due in a large measure to
+the tide of Christian sentiment which is to-day in full flood. The
+Christian does at least recognize that of every defective God says,
+"take this child and nurse it for Me," but to speak of Christian
+sentiment being at its flood-tide to-day is surely not the speech of one
+who professes much belief in the future of Christianity.
+
+Dr Chapple preaches a Gospel for the defective, and his banner is the
+skull and cross-bones! Christian sentiment when at its flood-tide will
+have swept away all such emblems. In replying to Dr Chapple, I have
+endeavoured to show that his proposal touches but the fringe of the
+problem, and even there after an unscientific and immoral manner. There
+is room for a measure of surprise that Dr Chapple should have undertaken
+to write his book with such a scant knowledge of the facts as they
+really are.
+
+In presenting this little book to the public, the author does so with
+the hope that it may tend to restore the confidence in human nature that
+Dr Chapple has somewhat weakened, but also in some measure to inspire
+society towards greater collective ameliorative effort, in which our
+full confidence may unhesitatingly be placed. The author hopes that the
+criminal, a subject of patient study for the last ten years, will be
+seen in a somewhat new light. Criminologists declare the criminal to be
+seven-eighths of an average man. May society find in itself the ability
+and good-will to contribute the other eighth!
+
+Small as this volume is, it has required many communications with the
+old world, and the author's thanks are due to many students engaged upon
+the study of this science in England and in the United States, and who
+have rendered him valuable assistance. Also, the assistance of many kind
+friends in New Zealand is gratefully acknowledged, and particularly that
+of Mr Alfred Grant, without whose aid the preparation of these sheets
+for the press would have been an almost impossible task.
+
+
+
+
+Chapter II.
+
+THE CRIMINAL.
+
+
+The popular mind draws little or no distinction between criminals. In it
+there exists the idea of a criminal caste, all the members of which are
+prepared to commit any and every act of a criminal nature. In the
+popular mind, although it is just a question whether a man is bad enough
+to commit the greater crimes, yet thieves, violators, swindlers, forgers
+and murderers are all assumed to fall into the same category. In one
+sense they do, that is, that they are all anti-social beings, or rather
+they all possess certain anti-social qualities; but as soon as we
+proceed further we find that there exists a very great distinction in
+criminals. Criminals are first classified according to the motive of
+their crime. This classication ranges them under five different
+headings, the political criminal, the occasional criminal, the criminal
+of passion, the instinctive criminal, and the habitual criminal or
+recidivist.
+
+Again they are classified, according to the nature of their crime, into
+thieves, robbers, violators, assassins, murderers, swindlers, etc. These
+again are sub-classified, e.g., thieves are classified as housebreakers,
+those who rob with violence, those who use weapons, those who rob from
+the person, and those who break safes. Murderers may also be classified
+according to the nature of their murderous instinct, illustrated by the
+instrument of destruction that they employ, whether it be the knife,
+firearms, poisons or other means, and again a classification exists
+between those who commit murder themselves and those who employ agents.
+All these classifications are entirely different, and although some
+criminals may range under more than one heading, yet it is generally the
+case that a criminal adopts both a certain form of crime and also a
+particular method for carrying it into execution.
+
+=The Political Criminal.=--This man's offence is not against morality
+but against the governmental institutions of the country. He holds
+advanced ideas upon matters of government and upon the constitution of
+society, and in his attempt to propagate these he becomes a political
+criminal. The political criminal, as distinguished from all other
+criminals, never commits violence, his morals may even approach
+perfection; but he holds "ideas," ideas which are not acceptable to the
+government under which he lives.
+
+The despotic rule of the Oriental countries is most favourable to the
+production of the political criminal: Russia and Germany are not without
+their representatives. Occasionally bands of political criminals are
+formed, and then, in the midst of demonstrations, unpremeditated
+violence may be committed. The Stundists and the Young Turkish Party are
+examples.
+
+=The Occasional Criminal.=--"Economic conditions are generally
+responsible for the production of the occasional criminal. His crime is
+committed in order to satisfy his present wants. In him the sensual
+instincts may not be stronger than usual, and the social element, though
+weaker than usual, need not be absent. Weakness is the chief
+characteristic of the occasional criminal. When circumstances are not
+quite favourable he succumbs to temptation." (The Criminal, p. 18.) The
+occasional criminal is clearly a subject for educational treatment. He
+needs to cultivate greater power of self-control, to strengthen his
+moral sense, and above all to be thoroughly equipped for the battle of
+life. Imprisonment will frequently ruin him and be the cause of his
+becoming a confirmed or habitual criminal.
+
+=The Criminal of Passion.=--He is generally of considerable culture and
+of keen moral sensibility. His crime proceeds from a sense of righteous
+indignation which, for the moment, completely blinds him. Personal
+insults cannot disturb his calm, but the sight of a child being abused
+or a defenceless one being attacked, will so infuriate him that he may
+even commit murder. Premeditation is never present, he acts under the
+powerful inspiration of the moment, and his crime is an isolated event
+quite unconnected with his conduct in general.
+
+=The Insane Criminal=.--Insane persons who commit criminal acts, show
+rather a variation of insanity than of criminality. It would be more
+exact to describe them as "criminal lunatics" than as "insane
+criminals." Two classes exist, a fact which is often overlooked, for
+there are both criminal-lunatics and insane-criminals. In the first
+case, criminality is the product of insanity, but in the second case
+insanity is the product of criminality. Not an hereditary product in
+either case, but a product resulting from a cause within the person's
+mental or moral self.
+
+The pronounced lunatic, the incapable, irresponsible person whose
+actions are beyond his power to understand or control, is regarded by
+society as a being too dangerous to be at large. Of him we do not here
+speak to any extent, he is too well recognized. It should always be
+borne in mind, however, that he commits crime because he is a lunatic,
+and that although his confinement is absolutely necessary, yet there is
+no warrant whatever that it should be made penal in character.
+
+Although it is not possible in a work of this kind to deal largely with
+the subject, the writer would urge upon the notice of society and upon
+the special notice of jurists that there are a number of persons whose
+crimes should excite for them the greatest sympathy instead of, as is
+the case, the greatest detestation. Men there are who, perfectly sane in
+the ordinarily accepted sense, and who have not only a clear conception
+of the immorality of their conduct, but also an intense abhorrence and
+shame for it, find themselves performing the most revolting acts under
+influences that are absolutely irresistible. The sensualist has no
+justification, but our laws are excessively cruel in their dealings with
+this class to which allusion is made. To be brief, no man charged with
+sadism (lust-murder) pederasty or the related crimes, should have his
+case made public until a most complete diagnostic examination (including
+his family and personal history) has been made by competent persons.
+
+A careful study of Krafft-Ebing's monumental work upon the subject
+should convince our lawyers that they could not proceed in these cases
+without the assistance of the alienist and of those who are experts in
+the diagnosis of the various forms of patho-sexualism. The cases of
+insane criminals, that is, of the criminals whose vice is the cause of
+their insanity, is also divisible into two classes. There is that
+uninteresting class who on account of their irregular, immoral and
+excitable life become insane, and there is another class. These latter
+frequently escape the penalty of their crimes. Insanity is disclosed and
+they have no criminal record, therefore they are discharged. It would be
+a nice point to decide whether and to what degree, if any,
+responsibility exists. To give an example not altogether uncommon--a man
+who will not brook opposition or hindrance of any sort. On every such
+occasion he cherishes most spiteful, even murderous, feelings towards
+his opponent. He would do him any injury, even go to the length of
+killing him, but he dare not.
+
+He will storm, abuse and threaten, but he dare not go further. He is
+avoided by his neighbours as being a most cantankerous fellow; he is
+always being involved in disputes. This man is undoubtedly criminal at
+heart and is cherishing anti-social feelings which are steadily growing
+in their intensity. Revenge becomes the almost dominating influence over
+his mind, but it is held in check by fear. At last fear gives way and
+there is no further restriction to the emotion of revenge, which then
+becomes supreme. At this climax insanity occurs and murder is committed
+synchronically. Morally the act was committed years previously, and it
+was by his own conduct in goading himself on to the climax that made it
+an actual fact. Subsequently, almost immediately, he may become rational
+again and retain consciousness of the deed and thoroughly understands
+its outrageous nature. He will not then express any regrets but will
+declare that his deed was perfectly moral. This man is as near a monster
+as we dare call any man, and should never be allowed to have his liberty
+restored to him.
+
+=Instinctive Criminal.=--Called also the "born criminal" (Lombroso), or
+the "criminal by nature." The term "instinctive criminal" seems to be
+that growing most in popularity, possibly because there is less
+likelihood of it having to be modified by the results of further
+investigation.
+
+By the instinctive criminal is understood a man in whom the criminal
+instinct has gained a supremacy over the social instinct. He is not
+only anti-social in deed but also in character. (It would be a mistake
+to term him anti-social in nature, for that would indicate that he was
+absolutely hostile to humanity. One, anti-social in character, is
+capable of betterment, and this is possible of every man.) Many causes
+operate to account for his production, some of them reaching far back
+into his ancestry. When this is the case some physical handicap is
+always present, such as e.g. cerebral irritation and epilepsy.
+
+In childhood the instinctive criminal may be recognised by an excessive
+vanity which will often tempt him to steal, the thefts being generally
+confined to articles of personal adornment or which give an occasion to
+"swagger." When accused he will deny the charge brought against him with
+an effrontery which will too often create the conviction that he is
+innocent. When charged he will challenge the statements of his superiors
+without any hesitation whatever, but at a given moment will break down
+and make a most free and perhaps disinterested confession. Frequently he
+is very emotional in behavior and simulates the deepest regret, although
+he is practically without any remorse whatever. He will undertake to
+perform the most afflicting tasks of penance in order to expiate the
+wrong and give every assurance for future good behaviour. Neither of
+which is of the least value.
+
+Onanism and a morbid love for sweets is an important characteristic. In
+the adult, laziness, debauchery and cowardice are to be noticed. His
+signature is peculiar, involved and often adorned with flourishes. He
+loves to be credited with the performance of great achievements, and
+will tatoo medals upon his body or other symbols significant of
+greatness. The instinctive criminal generally complains that he is
+unfortunate, or that he has never had a chance, and that society is
+always contriving to keep him down.
+
+=The Habitual Criminal, or the Recidivist.=--When once a man has fallen
+into the clutches of the law and been incarcerated it is very difficult
+for him to keep his self-respect. His first crime may present many
+features to indicate that he is more the victim of circumstances than
+well-defined ill-will. But having been convicted, he finds himself
+shunned by all but criminal society, and together with other influences,
+educational in character, he is frequently allured into a relapse. If a
+prisoner endeavours to behave himself in gaol and keep aloof from evil
+contagion, he is bullied by his fellow-prisoners, and even his keepers
+regard him with suspicion. The one twit him with being a white-livered
+coward, the other consider him to be either a sneak or a "deep fellow."
+He is almost sure to fall and identify himself with the ranks of crime.
+An instance that the writer has personal knowledge of is that of a man,
+passionate in nature, and moved by the tears of a young woman on behalf
+of her imprisoned lover, stuck up a small country gaol under arms and
+gained the release of the imprisoned man. To escape the consequences he
+had to take to the "bush," and for two years he lived the life of an
+outlaw. He finally surrendered to the police and was condemned to death.
+As no personal injury had been committed and his manner of using his
+weapons shewed plainly that he did not contemplate any, his sentence was
+commuted to imprisonment for fourteen years, the first three to be spent
+in irons. At the end of that time the criminal habit was confirmed. For
+various offences he was sentenced at different times to periods
+aggregating in all to thirty years. After his last sentence had
+expired--six years ago--he began a new life and has not committed crime
+since. His whole career showed many redeeming points in it. This case is
+well-known to the New Zealand and Australian prison authorities.
+
+The number of criminals who are allured into relapse is computed by
+Orano to be 45 per cent of the whole.
+
+The distinction between the habitual criminal and the instinctive
+criminal is not merely an academical one but emphatically a practical
+one. Both are living the life of crime, and their acts may be, from an
+objective point, of exactly the same nature; but in the one case we have
+to deal with the criminal CHARACTER and in the other with the criminal
+HABIT. The distinction is first seen in the different ages at which each
+commences his criminal career; nextly in the different impelling causes.
+Again, the emotions, ideas and methods show a distinction. All these
+variations are in the aggregate of considerable practical importance,
+especially in the assignment of prisoners for reformatory treatment.
+
+       *       *       *       *       *
+
+
+THE CRIMINAL TYPE.
+
+Prof. Lombroso writing the introduction to Dr Arthur's "Criminology"
+says:--"This point as to the type, is scarcely recognized even by the
+most respectable savants. The reasons for this are many: above all,
+there are the criminals by occasion or by passion, who do not belong to
+the type and should not, for in great part it is the circumstances, and
+often the laws, which make them criminals and not Nature. And then some
+have strange ideas concerning the type."
+
+No doubt if the acceptation of the idea of type is carried out in its
+complete universality, it cannot be accepted; but as I have already said
+in my previous writings that it is necessary to receive this idea with
+the same reserve which one appreciates averages in statistics.
+
+When it is said that the average of life is 32 years, and that the month
+least (? most) fatal to life, is December, no one understands by this
+that all or almost all men should die at the age of 32 years and in the
+month of December; but I am not the only one to make this restriction.
+In order to show this I have to cite the definition which Monsieur
+Topinard, himself the most inveterate of my adversaries, gives in his
+remarkable work "The Type," says Gratiolet, "is a synthetic expression."
+"The Type," says Goethe, is "the abstract and general image" which we
+deduce from the observation of the common parts and from the
+differences. "The type of a species," adds Isidorus St. Helaire, "never
+appears before our eyes but is perceived only by the mind." "Human
+types," writes Broca, "have no real existence, they are only abstract
+conceptions, ideals, which come from the comparison of ethnic varieties,
+and are composed of an ENSEMBLE of characters common to a
+certain degree among themselves." I agree with these different points of
+view. The type is indeed an ENSEMBLE of traits, but in relation
+to a group which it characterises, it is also the ENSEMBLE of
+its most prominent traits, and those repeating themselves, whence comes
+a series of consequences which the anthropologist should never lose
+sight of either in his laboratory or in the midst of the populations of
+Central Africa." Manouvrier opposes Lombroso's theory and denies the
+existence of the type. He argues that if it exist at all it must be
+universal, whereas the peculiarities noted by Lombroso are present in
+honest as well as in criminal persons, the latter having, however, the
+greater proportion.
+
+The doctrine of Fatalism seems at first sight to be bound up in the
+acceptance of Lombroso's theory: but such is not the case. Lombroso
+himself declares that the type belongs to the born criminal only, and
+that the born criminal can be nothing more than an epileptic;
+criminality being a neurosis. It would thus seem that the type was but
+the indication of an organic defect which physically or psychically
+rendered the subject unable to adapt himself to the social condition;
+but not that unchangeable ideas, contradicting pure morality, were
+innate. Lombroso goes no further than to state definitely that the type
+exists, and that there are very clear indications that a different type
+will be found to correspond with the different forms of criminality.
+That the peculiarities are found also in persons living honest lives,
+proves nothing against his theory. For instance, there are many persons
+of distinctly criminal instincts who are kept in the paths of honesty
+merely by circumstances; and again, scientific investigation has not yet
+completed its work, and while certain typical peculiarities may be noted
+in the criminal and in the non-criminal alike, it is more than likely
+that the type will be found to consist in different combinations which
+will be discovered to exist in the criminal (not necessarily, the
+convict) exclusively. Or the type may consist in the peculiarities plus
+expression. The following typical peculiarities have been noticed by
+different criminologists:--
+
+=The Cranium.=--The more frequent persistence of the metopic or frontal
+suture. The effacement, more or less complete, of the parietal or
+parieto-occipital sutures in a large number of criminals. The notched
+sutures are the most simple. The frequency of the wormian bones in the
+region of the median and in the lateral posterior frontal. The backward
+direction of the plane of the occipital depression. (Dr A. Corre.)
+
+Feeble cranial capacity; heavy and developed jaw; large orbital
+capacity; projecting superciliary ridges; abnormal and assymetrical
+cranium; the presence of a median occipital fossa. (Lombroso.)
+
+=The Face.=--Scanty beard; abundant hair, prognathism, thick lips, dull
+eye, lemurian appendix to the jaw, pteleriform type of the nasal
+opening, projecting ears, squinting eyes, receding forehead and deformed
+nose. "Those guilty of rape (if not cretins) almost always have a
+projecting eye, delicate physiognomy, large lips and eyelids, the most
+of them are slender, blond and rachitic. The pederast often has feminine
+elegance, long and curly hair, and even in prison garb, a certain
+feminine figure, delicate skin, childish look, and abundance of glossy
+hair parted in the middle. Burglars who break into houses have as a rule
+woolly hair, deformed cranium, powerful jaws, and enormous zygomatic
+arches, are covered with scars on the head and trunk, and are often
+tatooed. Habitual homicides have a glassy, cold, immobile, sometimes
+sanguinary and dejected look; often an aquiline nose, or, in other
+words, a hooked one like a bird of prey, always large; the jaws are
+large, ears long, hair woolly, abundant and rich (dark); beard rare,
+canine teeth, very large; the lips are thin. A large number of swindlers
+and forgers have an artlessness, and something clerical in their manner,
+which gives confidence to their victims. Some have a haggard look, very
+small eyes, crooked nose, and the face of an old woman." (Dr MacDonald,
+page 40.)
+
+The following proverbs, collected by Lombroso, show the recognition in
+the popular mind of the criminal type:--"There is nothing worse than a
+scarcity of beard and no colour." "Pale face is either false or
+treacherous." (Rome.) "A red-haired man and a bearded woman greet at a
+distance." (Venice.) "Be thou suspicious of the woman with a man's
+voice." "God preserve me from the man without a beard." (France.) "Pale
+face is worse than the itch." (Piedmont.) "Bearded women and unbearded
+men, salute at a distance." (Tuscan.) "Men of little beard of little
+faith." "Wild look, cruel custom." "Be thou suspicious of him who
+laughs, and beware of men with small twinkling eyes." (Tuscan.)
+
+It must be remembered that while physiognomy gives valuable hints it is
+by no means absolutely certain. Further investigation may add materially
+to its value. It is also to be remembered that habits play an important
+part in the physiognomy. So much so is this true that it has been said
+of the reformed criminals from Elmira, that their faces have changed.
+
+
+
+
+Chapter III.
+
+THE CAUSES OF CRIME.
+
+
+In investigating the causes of crime we have first to understand what we
+mean by the word "Crime," and also what we describe by the term
+"Criminal."
+
+Crime may be regarded both objectively and also subjectively, i.e., as
+regards the deed itself and as regards the doer of the deed. In the past
+it was customary to consider the crime only and to punish the doer, or
+the criminal, according to the enormity of his deed. Scientific methods
+require, however, that we should study the criminal and ask ourselves
+"what is he?" and "of what forces is he the product?" If these questions
+can be satisfactorily answered, then society is better enabled to arm
+herself against his invasion, in fact having successfully diagnosed his
+case she may be led on to discover the means whereby criminals may be
+reduced to their irreducible minimum, both as regards number and as
+regards their capacity for doing harm.
+
+Man has two natures, the animal and the spiritual. The animal is the
+passive product of Nature, the forces of his development being guided
+and restricted by the condition of the life in which he is born and
+reared. To this animal nature belongs the natural appetites, passions,
+faculties and senses. This nature is not sufficient in itself, and its
+realisation cannot be accomplished until it is brought into complete
+subordination to the higher or spiritual nature. The function of this
+spiritual nature is to subordinate the animal nature by harmonising and
+controlling it, and it finds its partial realisation in the institutions
+of family, church and state; and its ultimate realisation in the
+heavenly counterparts of these. Thus subordinating the animal nature, it
+develops the powers of man's natural inheritance along their true line
+of advance and brings him steadily nearer the goal of perfect manhood.
+
+When, however, the spiritual influence is not exercised and man resigns
+himself to the uncontrolled influences which spring from his lower
+nature, he rapidly degenerates. Socially, this degeneracy is noticed by
+its process of gradually loosening, and finally severing the ties which
+bind man to his race. He becomes an unsocial being and ceases to
+contribute to the wealth, peace or establishment of society. His desire
+for society is regulated by his capacity to draw from it the
+satisfaction of the abnormal appetite of unregulated passion. In this
+mood he totally disregards the laws of society and seizes every
+opportunity that presents itself to prey upon it and he thus becomes an
+anti-social being. Through all ages up to the present, society has at
+the cost of much effort and suffering been progressing, stage by stage,
+towards a higher order. Each advance purchased at such a price, becomes
+a free gift, by inheritance, to the next generation, and from this
+inheritance still further progress may be made. It is quite possible
+that in a dissolute age retrogression may set in and the ground be lost,
+in which case its recovery becomes the arduous task of a succeeding
+regenerate age.
+
+With each advance that it makes society embodies in its institution the
+principles of social life such as it has been able to discover them.
+These principles being finally accepted, we must assume that they are
+eternal or else we are compelled to admit that society may be for ever
+at fault, that its development does not correspond with the true
+development of man, and that this present life is in no wise preparatory
+for a future. Though we declare that the principles of society are
+eternal, the social institutions which embody them are merely temporal,
+and may change with time and circumstances. They are, nevertheless,
+binding upon our allegiance, and any attempt to overthrow them becomes
+the anti-social act of the criminal and is a punishable offence. The
+criminal is an enemy to social advance. He profanes that which society
+holds sacred, he scatters that which society, at great cost has
+acquired, and he attacks society at its most vulnerable points.
+
+What, then it may be asked, are the causes that produce this anti-social
+being? In the case of the sane criminal, an immoral basis underlies all
+causes, and without this they would each and all be impotent. Some
+causes, as e.g. alcoholism, are the result of the individual's
+immorality; others again are independent.
+
+The principal causes are:--A bad ancestry (heredity), bad domestic and
+social conditions, alcoholism, imitation, and stress of circumstances.
+
+=Heredity.=--Among unscientific people there are many extravagant
+theories held, some even affirming that from the moment of conception a
+child's character may be determined as criminal, as if character
+underlay habit instead of habit evolving character.
+
+It is therefore necessary that we should endeavour to discover if
+possible how far the influence of heredity extends, and especially to
+disclose its powers as a factor influencing conduct. A man may be seen
+to have the same peculiar carriage and gait as his father; but to argue
+from that, that he will in obedience to a naturally transmitted impulse,
+follow in his father's footsteps as a thief or a forger is to step
+entirely out of the bounds of science. Gait and carriage belong to a
+different sphere altogether from morals and conduct. But let it be at
+once acknowledged that the morals and conduct of any given ancestry show
+a tendency to be reproduced in the posterity. The drunkard is the father
+of drunkards; the suicide is the father of suicides, and the parent's
+crime is repeated by the child. Not in all cases is this by any means a
+fact: but in a sufficient number to exclude the possibility of
+coincidence accounting for them all, and to demonstrate conclusively
+that some influence must be at work connecting the deeds of the
+progenitor with those of his offspring. What is this influence? Can it
+be at once declared to be the influence of heredity? The most usual way
+of determining this question is by the process of exclusion. If
+environment, education, imitation and other causes do not account for
+the phenomena, then heredity must. Heredity thus becomes a convenient
+name by which to denominate the insolvable. Sometimes the denomination
+is correct and sometimes incorrect, and very often, even when correct,
+it conveys a wrong impression. The impression being that the influence
+of heredity is altogether irresistible and also ineradicable.
+
+Now, whatever the influence of heredity may be, it must be determined
+scientifically and not merely guessed at. Nor must the failure to find
+an adequate cause for a certain crime be a sufficient reason for
+accounting heredity as responsible. Heredity has limits to its range of
+influence as well as any other cause for crime, and it may be found that
+there are certain fears which it can never invade. For instance, one
+sphere wherein its influence is manifestly great, is in the structure of
+the nervous, osseous, muscular, circulatory and vascular systems. Again,
+what is more common than to find intellectual ability running in
+families? Ribot, in his work on heredity, gives long lists of the
+world's most famous poets, artists, musicians, statesmen and soldiers,
+all showing the tendency of ability, in these various directions, to be
+transmitted from one generation to another. Not always to the generation
+immediately succeeding, for sometimes these various qualities disappear
+in the son to reappear in the grandson or great-grandson. However,
+convincing the evidence for transmission in these cases may be, it gives
+no warrant whatever for the conclusion that heredity may exercise an
+influence upon the MORAL conduct of man.
+
+Let it here be observed that the Moral Law is fundamental to all law. No
+laws in Nature ever contradict the Moral Law, but are always found
+acting in obedience to it. All the works of God are in accord with this
+Law; God is the Moral Governor of the Universe. Therefore whatever may
+hold good with all other laws, does not necessarily hold good with this
+Law. That a man should inherit his father's intellectual qualities is
+then no argument that he should also inherit his father's immorality.
+Nothing less will suffice than distinct evidence that he HAS inherited
+his father's immorality.
+
+A further observation is necessary, and that is, that morality is not
+absolute but relative. Strictly speaking, no man is moral. God alone is
+absolutely moral. Nor can we compare the morality of one man with the
+average morality of mankind in general. To estimate a certain man's
+morality of conduct we must compare his conduct with the degree of the
+sense of responsibility which exists within him, and also his power of
+control over his conduct. The murderous act of a lunatic for instance is
+an immoral act, because we compare the act with morality in the
+abstract; but it would be a mistake to call the lunatic an immoral man,
+for the simple reason that he had no control over his conduct and was
+therefore not responsible for it.
+
+Take the case of the drunkard. A certain drunken father has several
+drunken sons. The influence of environment, of education, or of
+imitation, we will suppose to be excluded. Is heredity the cause, and if
+so, has it invaded the moral sphere? The influence of the father's
+drunkenness is first made manifest in his own nervous system. The nerve
+centres become clogged and poisoned and fail to discharge their
+functions with the same healthy activity as formerly. The nervous system
+degenerates, and the consequence of this degeneracy is the production of
+that form of irritation within the system which we call the craving for
+drink, and which requires alcohol for its immediate satisfaction. The
+man will admit that he has no liking for the taste of drink; but
+declares that he is in a certain state of unsettlement which can only be
+overcome by the use of liquor. A temporary calm is induced, only to be
+followed by a more intense irritation or unsettlement afterwards, and
+thus a circle of cause and effect is at once described.
+
+This is then the degenerate state of the father's nervous system. Now,
+it is undoubted that he may transmit this same degenerate nervous system
+to his offspring and thus as his children grow up it is not to be
+wondered at if the same craving for drink is to be found in them as was
+existing in their parent. The influence of heredity has been at work
+upon the nervous system. Has its influence been restricted to this
+system, or has it invaded the moral sphere? The children's conduct is
+immoral, for no amount of argument can determine drunkenness to be
+anything else: but are the children themselves immoral? They are not
+immoral so far as they are acting in obedience to an impulse which is
+irresistible. The drunkard who is himself responsible for his habit, is,
+strictly speaking, an alcoholic and is vicious and degraded. The
+drunkard who drinks in spite of himself is, strictly speaking, a
+dipsomaniac, and is diseased and insane. The alcoholic may become the
+dipsomaniac; but the child who is the victim of a transmitted taint is
+without doubt a dipsomaniac and not an alcoholic. He is insane. It may
+not be an incurable form of insanity; nor need it be a very acute form;
+but insanity it is, and therefore he cannot be called an immoral man
+because he drinks, although he is guilty of immoral conduct. Heredity
+has not invaded the moral sphere. It has given the man a diseased
+nervous system, which, while weakening his will, has not perverted it.
+Thus it is seen then that if any effort is to be made for the reform of
+the dipsomaniac, the direct influence of heredity must be overcome by a
+course of treatment which would be addressed to the nervous system.
+Treatment which shall draw out the alcoholic poison and which shall
+quicken and invigorate the nerve centres. When the influence of heredity
+is discovered to be restricted within these limits, the case of the
+hereditary dipsomaniac becomes far less hopeless than it appeared at
+first sight, and it is for this reason that the causes of crime should
+be thoroughly investigated. To moralise to the dipsomanic is but lost
+effort, one may as well abuse a driver for not stopping his bolting
+horses. Some reformatory schemes have trusted entirely to moral
+agencies, and their failure has been quoted as evidence that all such
+schemes are futile. But their failure has been due to an entirely wrong
+conception of the cause of crime. The primary cause is undoubtedly a
+reprobate will: but this cause is not found in every case. Where the
+consequences of the parent's conduct has been inherited we find not the
+primary, but a secondary cause, such as e.g. a diseased nervous system.
+Sometimes both the primary and the secondary causes exist side by side,
+and then treatment must be addressed to both the will and to the
+physical system. In fact whatever methods of treatment are employed, the
+moral temperament must not be neglected, for even if the will be not
+perverted, it is considerably weakened and needs strengthening.
+
+The case of the sensualist is somewhat similar to that of the drunkard.
+Ribot quoting Prosper Lucas, gives the example of a "man cook, of great
+talent in his calling, has had all his life, and has still at the age of
+sixty years, a passion for women. To this he adds unnatural crime. One
+of his natural sons living apart from him does not even know his father,
+and though not yet quite nineteen, has from his childhood given all the
+signs of extreme lust, and strange to say, he, like his father, is
+equally addicted to either sex." (Ribot; Heredity p. 89.)
+
+The fact that this son imitated his father's vices at an early age, is
+not sufficient in itself to assign the cause to heredity. Nor does the
+fact that he was separated from his father's influence or example,
+strengthen the assignment beyond dispute. The causes for such conduct
+are so common that very few men escape from their influence, and
+whosever does not resist them, falls and becomes a victim. But probably
+this was a case in which an inherited influence pressed itself so
+strongly upon him as to become irresistible. What, we ask was inherited?
+A perverted will? That is absolutely impossible. A perverted will is the
+outcome of a deliberate choice of evil when the choice of virtue is
+equally possible. A weakened will, or a will subject to heavy stress is
+a different thing. There must be some stress upon the will. What is it?
+It is a well known fact that the exercise of the members of our body
+results in a great facility of movement being attained. The pianist can,
+after long practice, execute rapid and complex performances of
+fingering, which in the early stages of education were absolutely
+impossible. It is because the nerve centres controlling the muscles
+employed have been brought to such a high state of activity that they
+operate almost independently of the will. The nerve centres controlling
+certain of our functions DO operate independently of the will. Breathing
+is an example, and although an effort of the will is required to
+correct bad breathing, yet when once the habit of correct breathing is
+established, the directing influence of the mind ceases, and the nerve
+centres discharge their functions automatically.
+
+In the normal man the sexual instinct is inherited but the passion is
+submissive to the control of the will. The will is supreme and
+self-restraint is always possible. The immoral man has refused to
+exercise this restraining power, he has, in fact, by his immoral
+thoughts, lent his mind to the strengthening of the passion until it has
+gained an ascendancy. Continual sexual excitement has resulted in the
+nervous centres controlling the sexual organs becoming so powerfully
+developed as to act almost automatically, and independently of the will.
+In the normal man, sexual excitement results upon the mental vision; in
+the sensualist the excitement precedes the vision. Another effect is
+noticed in the physiognomy which changes in accordance with the
+development of the nerve centres and presents all the appearances of the
+typical sensualist or prostitute.
+
+In some cases the sensualist transmits this highly organised or
+disordered nervous system to his descendants, and consequently when they
+arrive at a certain age they find their bodies invaded by a passion over
+which they have small, and sometimes no, control. It is distinctly a
+case of functional insanity with them. Their will power is weak because
+of undue stress, but it has not been perverted. Perversion may follow;
+but may also be avoided, and even the will sufficiently strengthened so
+that it may re-assume control and subject the passion to control. The
+influence of heredity is here also confined to the nervous system. That
+is, the direct influence, the influence which was first felt and before
+it received any support which the mind of the victim may give it. The
+cases of hereditary suicides, murderers and assassins afford a very
+large field for investigation, and we cannot do more than suggest some
+causes which seem to give strong evidence of their existence. These
+causes if their existence be allowed, and we see every reason that it
+should, will restrict the influence of heredity to a much narrower
+sphere than is popularly supposed. The old story of the devil preaching
+upon the horrors of hell serves somewhat to illustrate our meaning. When
+the abbot enquired whether it was not contrary to his interests to draw
+so vivid and terrible a picture he replied in the negative and gave as
+his reason that the man who contemplated the horrors of hell was the man
+who was bound to find his way there.
+
+The contemplation of criminal acts effects a strange fascination upon
+the mind and very often induces imitation of the same acts. When a
+suicide or murder, in fact any crime, is committed by a member of a
+family the other members either, according to their moral disposition,
+experience a greater or lesser repulsion for the deed than they formerly
+possessed. The enormity of the deed is either stronger or lesser in
+their eyes than before. In the latter case, murder or suicide does not
+seem nearly so heinous a crime when it is brought so closely under their
+notice. The very knowledge that a father or uncle or any other near
+relative, or even friends for that matter, committed suicide, makes the
+act appear far less terrible, and also far less impossible for
+themselves. Most men have at some time or another an impulse to destroy
+themselves, it may not be very strong; but if it is felt at a time when
+the circumstances of life are unfavourable and, if added to this, there
+is presented the example of a suicide very near at home, the impulse is
+undoubtedly strengthened. The whole chain of circumstances seem to
+direct the vision upon the rash act of the friend or relative, until at
+last the vision becomes fascinating, and the act is imitated. To use a
+concise expression one may call this the "hypnotic power of
+circumstances." It is not an absolute cause in itself; but, strictly
+speaking, may we call any cause absolute? It is not a cause which would
+influence a man of strong will or of sound morality. But a sentimental
+person, one of morbid ideas, weak will, or overcome by the thought of
+detection, or the fear of misfortune, might easily fall a victim to its
+influences. It will not account for all the cases of hereditary suicide,
+for a mental disease may be transmitted which would account for the
+suicide of both father and son or whatever the combination may be. It,
+however, does account, we believe, for the majority of the cases, and
+the similarity of the method employed strengthens this belief, for it
+indicates that the mind is dwelling upon the actual vision of the
+relative's suicide, and is not merely contemplating suicide in the
+abstract. This theory would imply that any case of suicide, upon which
+the mind would dwell and concentrate itself, would exercise the same
+influence, and this is the case. A few years ago in Dunedin an
+accountant who was involved in financial difficulties, shot himself with
+a pistol. His executor, against the advice of friends, took charge of
+the pistol. Becoming involved in financial difficulties himself, he too
+committed suicide by shooting himself with the same weapon! Almost,
+without a doubt, we may say that the circumstances of the first suicide
+exerted upon the mind of the trustee a hypnotic influence which combined
+with and gave the final impulse to the other contributing causes of his
+act.
+
+Another instance is that of a young man who, contemplating suicide,
+carried a revolver about with him for a whole day. He spoke of suicide
+to his friends, occasionally discharged shots into the ground, and
+finally, during the evening, blew his brains out. That he contemplated
+suicide was evident from his conversation, but that his mind was not
+made up, is also evident from the delay he occasioned. In fact, his
+whole behaviour indicates a faint desire to cling to something stronger
+than himself in order to brace himself against his haunting fears. The
+revolver fascinated him. He dallied with it, made up his mind, changed
+it again, and finally the influence became supreme for a moment, and he
+fired the fatal shot. Throughout the day, he very probably thought of
+the grief of his relatives and of the young woman he was soon to marry,
+he pictured the consternation of his friends, read the newspaper
+accounts of his act, saw his funeral, and let his mind run altogether in
+morbid channels. Thus it was that the vision of his own act exerted an
+hypnotic influence upon him which became at the critical moment supreme
+and irresistible.
+
+When the picture is real and not imaginary, and when the circumstances
+of a parent's or brother's or friend's suicide may easily be recalled
+and the mind allowed to dwell upon them, how much greater would the
+influence become, especially when the same example has served to
+diminish the idea of the enormity of the act. Where persons lend
+themselves to the idea that an hereditary influence exists and may
+spring upon them at any moment, they are almost sure either to destroy
+themselves or else to develop some form of insanity. There are cases of
+murder and assassination (apparently hereditary crime) where the
+conditions are so similar that the hypnotic power of circumstances may
+likewise be urged as sufficient cause.
+
+So far, an attempt has been made to show that whatever the influence of
+heredity may be, it is restricted outside the sphere of morality. It
+cannot transmit an IMMORAL IDEA. So far as certain forms of
+vice and crime are concerned it most probably is limited entirely to its
+effect upon the physical structure of man. Combined with family
+tradition and working upon a diseased, or weakened will, it accounts for
+similarities of conduct. Suicides, murderers and assassins do not then
+receive by transmission from their ancestry any taint or tendency which
+may be called the direct cause of their crime. Another factor is
+present, a hypnotising power, and this is the final and directing power.
+It is a different influence to imitation, although its first result is
+the same, viz: the lowering of the moral idea. But crimes where the act
+is the imitation of another person's act are generally committed from
+the desire to become notorious and to be the centre of observation. The
+spirit of vanity, very strong in the low type, is appealed to and
+aroused. Or perhaps, the example of another's crime affords a suggestion
+for the method of accomplishing a certain desired end. On the other
+hand, the ancestral example, after having broken down the moral barrier
+depends entirely upon its power to fascinate. Those of weak will or
+guilty conscience, alone succumb to its influence. If we consider the
+cases of thieves, vagabonds and paupers we find their crimes and vices
+likewise running in families. It is nevertheless quite a mistake to jump
+at the conclusion that heredity accounts for all these coincidencies.
+Exempting all cases of transmitted mental alienation and observing only
+those who are quite responsible for their action, it is impossible to
+suppose that there is, somewhere in their organism, a power which will
+direct their lives into the channels of vice or crime just as
+irresistibly as the influence which makes the hair grow on the crown of
+their heads. It is unthinkable. It supposes a responsible person who
+cannot control himself. Which is a contradiction.
+
+M. Moleschott, at the International Congress of Criminal Anthropology
+held in Paris in 1889, "mentioned an influence towards crime that had
+not been noticed, to wit, the hereditary social influence, or that is,
+the tradition which is instilled into the mind of every child before he
+knows the difference between right and wrong, that by which he obtains
+the rudiments of his knowledge of right and wrong. Whether it be correct
+or not it is the child's standard. He gets it not from any knowledge of
+theory of justice, but from the tradition of his own neighbourhood, as
+it is taught by his parents and associates by the people, and as is
+believed by them." (Criminal Anthropology; the Smithsonian Report for
+1891.)
+
+It will be understood that the influences of which M. Moleschott speaks
+are not of an hereditary nature, that is, they are not transmitted
+through the blood; but they are influences which are present from the
+first moment of consciousness. They are quite sufficient to account for
+the criminal type being found in the physiognomy of a person born and
+reared among such surroundings. It is a very popular error to suppose
+that a person's physiognomy never changes, and therefore that if the
+criminal cast of countenance is seen it must be a faithful witness to
+some innate depravity transmitted from an ancestry. The expression plays
+such an important part in the moulding of the countenance, that of two
+brothers very much alike in youth, one, afterwards given to crime, will
+still retain his resemblance to his brother; but will display the
+criminal type as well. It is thus that we have the different types in
+murderers, assassins, thieves, swindlers and sensualists. They are all
+criminal or vicious but their forms of criminality and vice are so
+diverse that a different expression results from the different kinds of
+thought passing through their minds. In their theories, few people
+acknowledge that the symmetry of the facial features may change, and yet
+it is a matter of common observance that they do. In the cases of
+persons becoming insane or persons who have suffered from long and
+painful illnesses it is very remarkable. Likewise in the case of the man
+who has fallen into crime, it is also most noticeable. Of course there
+are limits to the changes which the expression may produce, but these
+changes are nevertheless very great and sufficiently so, not perhaps to
+produce Lombroso's type in any given face, but to give that face at
+least a distinctly criminal cast.
+
+The appearance then of this criminal cast upon the features is not
+sufficient evidence to account for an inherited tendency towards crime.
+Dr Manouvrier insists that Lombroso's theory that the criminal is born
+and not made is based upon the exploded science of phrenology, and
+declares that all the anatomical distinctions and physicological
+characteristics quoted by Lombroso are to be found among honest men as
+well as among criminals. The fact that a greater proportion are found
+among criminals to his mind proves nothing.
+
+[There is not vast difference between normal and abnormal persons
+possessing these peculiarities. In Lombroso's work "The Female Offender"
+he notices:--
+
+                            Normal Women        Criminal Women
+  Receding foreheads         8 per cent.          11 per cent.
+  Enormous lower jaws        9   "                15    "
+  Projecting cheek bones    14   "                19.9  "
+                                      Murderesses 30    "
+     "       ears            6   "                 9.2  "
+  Flat nose                 40   "        Thieves 20    "
+
+Gradenigo (quoted by Lombroso) gives the following table showing the
+peculiarities of the ears of 245 criminals as compared with 14,000
+normal women:--
+
+                               Normal           Criminal
+  Regular external ear       65 per cent.    54 per cent.
+  Sessile ear                12    "         20    "
+  Scaphoid fossa prolonged
+    to lobe                   8.2  "         21.2  "
+  Projecting ears             3.1  "          5.3  "
+  Prominent anti-helix       11.5  "         14.2  "
+  Darwin's tubercle           3    "          2.9  "
+
+Other anthropometrists notice different proportions.]
+
+If Lombroso's theory, that a man was born a criminal, was to be taken as
+the rule, Manouvrier declares that it must then be universal, and that
+men thus born must inevitably commit crime. If it be a rule then it must
+operate in all classes, and since it does not so operate, proof is given
+that it is not the rule. Manouvrier declares that the man possessed of
+characteristics the very opposite of Lombroso's criminal, if subjected
+to the conditions, influences, and temptations, which lead to crime
+would as likely commit crime as he who possessed all the characteristics
+which Lombroso describes as typical. Manouvrier regards the social life
+of a person from childhood as being the most important factor in
+moulding character. He emphatically denies that there is in the embryo a
+predisposition to crime. Dr Magnan likewise refuses his assent to this
+theory.
+
+It may be rather daring to suggest a theory which would reconcile the
+differences between these eminent men: but as the facts presented by
+each side are indisputable, some such reconciliation must exist.
+Possibly if we interpret Lombroso's phrase, "inherited tendency towards
+crime" or "predisposition towards crime" in the same way as we interpret
+the term ("predisposition towards disease") when speaking of tubercular
+persons (or, as Mercier speaks of the insane), that is as persons, who
+in a given favourable environment, are more likely to commit crime than
+persons without that inherited tendency, we may find these theories to
+be more in accord with one another. Lombroso insists that there must be
+an inherited tendency, Manouvrier insists that there must be
+environment. As in the case of tubercular persons (of tubercular
+ancestry) these two causes are complementary, may it not be also the
+case with criminals of criminal ancestry? The INHERITED IMMORAL
+IDEA seems to be really what Manouvrier rejects. A vicious
+conception of life which makes the man inevitably, incurably, and
+irresistibly a criminal, is apparently the interpretation he puts on
+Lombroso's theory. But from Lombroso's works and speeches, the
+interpretation does not appear to be at all a necessary one. The
+transmission of a disordered nervous system with its consequences, as
+one cause, the "hypnotic influence of circumstances" as another cause,
+and these two causes acting sometimes separately and sometimes
+conjointly, will very possibly account for the phenomena Lombroso
+observes. A most important factor, and one which cannot be disregarded,
+compels the acceptance of some such theory. This factor is the success
+resulting from reformatory effort. It is not only Lombroso and
+Manouvrier that need to be reconciled, but Lombroso, Manouvrier and
+Brockway. This latter gentleman is the founder of the famous Elmira
+Reformatory which has reformed 82 per cent. of 12,000 felons which have
+been committed to it for treatment.
+
+We come then to this conclusion that heredity plays an important part in
+the production of the criminal; but that there are other very important
+factors which are often confused with it and when separated from it
+reduce the popular estimate of its influence to the scientific one,
+which is considerably the lesser one. Furthermore, as a consequence of
+this investigation, the true foundations upon which reformatory science
+is to be built are clearly indicated.
+
+This statement, that heredity plays an important part in the production
+of the criminal, needs to be carefully guarded. It means precisely this
+and nothing more:--That where an hereditary influence (such as above
+described) making crime easier, has been transmitted, there that
+influence is an important factor in the production of the criminal. It
+does NOT mean that this influence is invariably transmitted by the
+criminal parent, neither does it mean that the majority of criminals are
+"born" criminals.
+
+The following is an extract from a letter upon this subject which the
+author has received from Dr. Arthur MacDonald, one of the leading
+criminologists of to-day:--"There is no proof of any scientific value
+that criminality is inherited." By criminality we understand "the moral
+basis of crime."
+
+The famous "Jukes" family that lived in the State of New York, afford
+one of the most interesting studies in heredity to be found in the
+annals of criminology. Of this numerous family (some 709 persons of
+which were clearly traced in five generations) the elder sons took to
+crime and the younger sons to vagabondage. There was indeed a proportion
+of honest and industrious persons among them. Of the women 52 per cent.
+were prostitutes. That a proportion of honest men among the sons, and a
+fair number of virtuous women among the daughters is recorded, clearly
+proves that an hereditary taint is not, in all cases, necessarily
+transmitted from parent to child. Latency in one generation, with
+activity in the next, is frequently observed in the transmission of
+disease; but in the case of crime, as distinguished from vice, this is
+rarely so.
+
+That the younger sons of the "Jukes" family fell into habits of
+vagabondage (leaving it to the elder sons to carry on the criminal
+traditions of the family) is also worthy of notice. It serves to show
+that whatever the influence of heredity may be, as a factor disposing
+towards crime, it cannot be an independent and final factor. In families
+living after a primitive manner of life, as this family did, the elder
+sons are invariably the companions of their fathers and accompany them
+on their depredatory raids. The younger sons are left to the milder
+environment of their mother's society. Thus from a criminal point of
+view, the environment of the elder sons is more intense than that of the
+younger sons. The difference in environment accounts for the difference
+in character formed; the more intense environment accounting for
+criminals and the milder environment for vagabonds. Sometimes the
+influence of environment is overcome, and we noticed that among the
+"Jukes" a proportion of the family was honest and industrious.
+Acknowledging the transmission of a physical defect from a criminal
+ancestry, we must bear in mind that the conditions of the criminal's
+life are such as are calculated to produce in himself that defect which
+he transmits. His body becomes weakened, his nervous system disordered,
+and the physical substratum of his mind diseased. These defects he
+transmits to his offspring and thus handicaps them in the effort that is
+required from the individual to adapt himself to the conditions of
+society.
+
+This is the criminal "taint" or handicap that makes it more likely that
+the individual should fall into crime than the normal man. Although
+society regards this hereditary criminal as a monster, it has been made
+clear that he is really more deserving of compassion than one not so
+handicapped. To secure society from his injurious acts, our courts
+frequently take the illogical and unjust course of imposing a more
+severe punishment upon him. This is in itself a clear evidence of the
+demand that exists for penological reform.
+
+=Environment.=--By environment we understand bad homes, bad
+associations, and generally bad conditions.
+
+Of the condition of the 12,000 persons who passed through the Elmira
+Reformatory between the years 1876-1902, only 1.47 per cent. came from
+good homes and 37.4 per cent. from fair homes. Of the character of the
+men's associations, 56.6 per cent. was positively bad; 41.9 per cent.
+was "not good;" .9 per cent. was doubtful, and 1.6 per cent. was good.
+
+It is scarcely necessary from a practical point of view to enquire into
+the actual amount of crime which results from a bad environment, for it
+is only too obvious that none but those of the strongest wills and of
+the highest morality can resist the influence of bad surroundings when
+these are constant. Our enquiry should rather be directed to ascertain
+what constitutes a bad environment and what are the causes that produce
+it. It should also seek to discover by what means its evil influence may
+be checked and how to eradicate these influences when present. The
+attitude of our law-courts towards the criminal is practically
+this:--"You have been reared amidst evil surroundings whose influence
+you could not resist, you are a criminal, an outcast from society, you
+must be punished by being locked up in a school of crime in the hope
+that it may inspire you to live a better life. The sentence of the court
+is ..." And society endorses this attitude!
+
+The evil influence of bad surroundings is well exemplified by an
+instance recorded by Viscount D'Haussonville in his work "L'Enfance a
+Paris":--"Some years ago a band of criminals were brought before the
+jury of the Seine charged with a terrible crime, the assassination of an
+aged widow, with details of ferocity which the pen refuses to describe.
+The president of the court having asked the principal, Maillot, called
+'the yellow,' how he had been brought to commit such a crime, he
+replied:--What do you wish that I should tell you Mr President? Since
+the age of seven years I have been found only on the streets of Paris. I
+have never met anyone who was interested in me. When a child, I was
+abandoned to every vicissitude--and I am lost. I have always been
+unfortunate. My life has been passed in prisons and gaols. That is all.
+It is my fate. I have reached--you know where. I will not say that I
+have committed the crime under circumstances independent of my own will,
+but finally--(here the voice of Maillot trembled) I never had a person
+to advise me. I had in view only robbery. I committed robbery but I
+ended with murder."
+
+The following description of the manner in which parents may defeat the
+work of the juvenile reformatory or industrial school was given by
+Senator Roussel at the Fourth International Prison Congress:--"The
+pernicious influence of parents relative to minors is manifest in two
+ways and at two periods of the child's life. First in extreme youth,
+when he is only a burden, his parents neglect him. He is left without
+proper care, often without proper food and subjected to all the hazards
+of the streets; he is forced to be a vagabond and a beggar, and this
+situation continues until a violation of the law places the little
+unfortunate in the hands of justice. Later, everything is changed. When
+by maturity of age and good effects of penitentiary education, the child
+instead of being a burden can be a source of profit, we see those same
+parents, who had abandoned him in his infancy, and apparently had
+forgotten him altogether, go to him and win him back to them by their
+entreaties, and finally on his discharge regain him by virtue of
+parental authority. This indiscretion of evil parents ... is the way
+that the first-fruits of correctional or charitable education are
+corrupted and that a great many minors who would have become useful
+members of society, are definitely lost to it."
+
+It may be heresy to criticise our public school system but it is more
+than an open question whether we are not producing a generation of badly
+educated people who are not aware of their own ignorance, who see no
+dignity in labour and who prefer to make their living by speculation
+rather than by work. The fault largely consists in estimating the
+efficiency of a school or a teacher solely by the results obtained at
+examination and making the children work for this end and this end only.
+Their memories are taxed to the uttermost but no attempt is made to
+develop them into reasoning, enquiring and labour loving beings. The
+difficulty with which children in the sixth and seventh standards follow
+the simplest arguments is simply amazing. The teachers, moreover, have
+no opportunity for cultivating the art of pedagogy. Their whole time is
+taken up preparing matter to pour into the child's mind. The bad
+salaries that are paid can also have but one result, viz., the depriving
+the State of the services of the most manly and most noble teachers and
+having the work committed to those of the genus prig.
+
+Bad homes, bad schools and playgrounds only once removed from cattle
+yards, will be, in this country, the most potent factors in producing
+crime.
+
+=Alcohol.=--The influence of alcohol in the commission of crime is both
+direct and indirect. We see its direct influence in those crimes which
+are committed whilst the culprit is either in a state of intoxication or
+else just recovering from such a state. To detect and trace its indirect
+influence a much closer study is required. The inconsequent, lazy and
+thriftless life of the criminal demands some sort of stimulant, and this
+is found readily at hand in alcohol. Alcohol is not the cause of the
+crimes of these people but it is closely associated with such cause. The
+man who stabs another in a saloon is not then guilty of his first crime.
+Under the influence of intoxication he has lost his power of
+self-control and he commits a deed for which he may in a sober moment
+have still a degree of moral abhorrence or be perhaps too much of a
+coward to perform.
+
+Many criminals, whose crime requires a certain amount of nerve and
+calculation, as e.g. assassinations, murders, robberies, swindlings,
+etc., will not touch alcohol until their crime has been completed and
+they have satisfied themselves that they covered up all trace of it.
+They then often indulge in a debauch.
+
+In the lower courts, offenders will frequently plead as an extenuation
+that they were intoxicated at the time when they committed their
+offence. This is often done in order to escape the full penalty, and
+such pleas are not to be relied upon in estimating the real influence of
+alcohol. In the higher courts, for the same reason, criminals often
+feign insanity, and in not a few of such cases they become their own
+dupes by actually losing the possession of their senses. Drunkenness and
+crime go together, although the increase in the consumption of alcohol
+does not necessarily mean that crime has increased. Neither does the
+reverse hold good. When crime appears first it is not long before all
+forms of animal indulgence follow. Sometimes drunkeness appears first,
+and when the home has been reduced to beggary, crime results.
+
+Under the immediate influence of drink, the crimes most commonly
+committed are those against morality and the person. In countries where
+the saloon is an institution, it is invariably the home of criminals and
+the scene of many murders and deeds of blood. In France, e.g. out of
+10,000 murders committed, 2,374 occurred in saloons. The indirect
+influence of alcohol is perhaps more terrible than its direct influence.
+There is this sad feature about it also that the greatest sufferers are
+the victims, not of their own abuse, but of that of others. Many a
+criminal tells the story, which is easily corroborated, of the days of
+his childhood when his father came home drunk and the children for very
+fear had to hide themselves or run out into the streets, often to sleep
+wherever they could, and perhaps steal to satisfy the pangs of hunger.
+Such children are quickly absorbed, the girls into the ranks of
+prostitution, the boys into those of crime. Many too, by reason of their
+parents' intemperance, are weaklings and unable to take their stand in
+the ranks of honest labourers. Unless they are rescued by philanthropic
+effort they very soon take to crime, and physically and psychically
+present all the features of the "instinctive criminal."
+
+Of 12,000 criminals at Elmira, in nearly 36 per cent, was a drunken
+ancestry to be clearly traced.
+
+To state exactly the influence of alcohol as a cause of crime will, from
+the nature of the case, never be possible; but this much is certain,
+that EVERY cause finds in it a strengthening contributary of
+considerable potentiality.
+
+=Imitation.=--One of the principal characteristics of the criminal is
+his excessive vanity. His great ambition is to gain notoriety and to be
+talked about by the public. Almost every criminal has his hero in crime
+whose deed he tries to emulate as nearly as possible; or, better still,
+to outshine. Thus we find, that when some daring deed has been
+perpetrated, there are not wanting others who quickly make an attempt to
+imitate it. A prisoner tried to kill his comrade because a third man,
+who was standing his trial for murder, was receiving in his estimation
+too much attention from the public and especially "too many bouquets." A
+murderer in New Zealand declared that the notorious bushranger Ned Kelly
+was his ideal of a man. A certain priest, beloved by all, was found
+murdered. None could account for the crime; afterwards it was discovered
+to have been the act of a young criminal who performed it merely as an
+act of bravado. Instances of this sort might be multiplied all tending
+to show that the vanity of the criminal leads him, as far as his courage
+will permit, to imitate the most daring deeds in crime. The witnessing
+of executions and reading the accounts of fictitious and real crimes
+often leads many into crime. As a deterrent to crime, it was once the
+custom in England to conduct executions in public. Lombroso records it
+as being his conviction that such publicity does, by the law of
+imitation, lead more into crime than it turns from it. This he considers
+is one of the most powerful arguments in favour of abolishing the death
+penalty. Out of 167 persons condemned to death in England, 164 had been
+present at executions. The reading of sensational novels or the
+descriptive accounts of great crimes has a most alarming effect upon
+those who are of an impressionable nature. These persons are to
+themselves the heroes of an imaginary world. They will put on an air of
+bravado, adopt a "swagger" style of attire, carry sharp knives and pose
+before their companions as dare-devils. If not sufficiently courageous
+to perform deeds of daring they will constantly be recounting imaginary
+ones for which they will claim the authorship; or else they will be for
+ever threatening to do something of a staggering nature. The more
+courageous of these frequently become dangerous criminals while the
+more timid descend into sneak thieves, or the assaulters and violators
+of the persons of the defenceless. This inflammatory reading matter also
+exerts an hypnotic influence over some which is almost irresistible. Dr
+MacDonald ("Criminology" p. 131), gives the instance of a woman who
+after having read of the dreadful crime of a Parisian mother, came to Dr
+Esquirol and pleaded with him to admit her into his hospital, declaring
+that since reading of this crime she was tormented by the devil to kill
+her youngest child. Reading of the crime and vividly picturing to
+herself the details of it, had resulted in the woman's mind being laid
+hold of by a fascinating power which continually prompted her to kill
+her own child. Her wish was granted and she recovered.
+
+In this case we have another instance of the "hypnotic influence of
+circumstances." Firstly, the picture is deeply impressed on the mind;
+next the moral sensibilities are hardened, and lastly the overt act is
+committed. Tropmann who murdered a whole family of eight, confessed that
+his demoralisation was due to the reading of sensational novels. The
+publication of the details of crimes and the circulation of inflammatory
+fiction is a most fruitful cause of further crime. One of the most
+efficient safe-guards against crime and scandal is a sensitive public
+moral tone. This is undoubtedly hardened by the publicity given to
+sordid and gruesome details. One fails to see what good purpose can
+possibly be served. Knowledge is power, but in this case, it is a power
+for evil. The weak-willed readily obey the law of imitation, the
+criminal is gratified at seeing the big headlines in the newspapers and
+impelled to further crime, and some neurotics are positively hypnotised.
+
+Any serious attempt to suppress the increase of crime must take these
+matters into consideration, and it will unquestionably prove abortive
+unless a much stricter censorship is exercised over the publication of
+the gruesome details of crimes and scandals and also over the sale of
+the type of literature referred to.
+
+
+
+
+Chapter IV.
+
+THE MANNER AND PHILOSOPHY OF PUNISHMENT.
+
+
+The various punishments which are inflicted upon our law breakers are
+fines, imprisonment, flogging, and death.
+
+=Fines= produce a very useful means of dealing with persons whose
+offences show a tendency to crime rather than to actual criminality. In
+many cases the self-respect of the offender has not been sacrificed, and
+while under arrest the sense of shame is deeply aroused. The shock from
+being brought face to face with the law is often sufficient in these
+persons to check any further tendency towards crime. The imposition of a
+fine will satisfy the claims of justice and inflict that degree of
+punishment necessary to fix the idea of abhorrence towards crime in the
+mind of the offender. In the case of boys charged with petty offences
+fining is often a most valuable means of punishment. To dismiss with a
+caution may lead to nothing; to imprison is invariably a most disastrous
+course to pursue; to flog within a gaol may be too severe but to fine is
+an excellent method. The parent has to pay the fine, and as the child's
+offence is generally due to the want of parental control and discipline,
+the punishment reaches right home and better control for the future
+generally results. Where parental control is non-existent, and there
+remains no possibility of creating it, other measures must be taken
+which will supply a substitute for the discipline of home life.
+
+In some case of theft, minor assault, disturbing the peace, and other
+offences which indicate a momentary and not very serious lapse of
+self-control, or perhaps a somewhat vague conception of the supremacy of
+the law, fines serve all the purposes of justice. A four-fold
+restitution for all damage done might be taken as a standard to be
+increased or diminished in exceptional cases. In all these instances the
+culprit should be made to pay the fine himself even though it should
+require a fairly lengthy period in which to liquidate it. Section 16 of
+The New Zealand Criminal Code provides that the Court may exercise its
+own discretion in imposing a fine upon any person whose offence rendered
+them liable to a term of imprisonment. There are many cases, however,
+even of first offenders, in which fining is quite useless.
+
+=Imprisonment.=--So much has been written describing the various prison
+systems in vogue in different parts of the world that it is unnecessary
+to do much more than briefly outline them here.
+
+(1). The congregate system. In which the prisoners are associated
+together by day or by night or by both. Were the object to convert the
+prison into a school of crime, no better system could be devised. The
+standard of the lowest is the standard which must prevail under the
+congregate system.
+
+(2). The solitary system. The extreme opposite of the congregate system.
+The prisoners are allowed to have practically no communication with
+anyone whomsoever. In some countries this system is made indescribably
+cruel. At Santiago in Chili in one part of the prison the inmates are
+employed upon useful work under most humane conditions, and yet in
+another part of the very same building a most barbarous system exists.
+Mr F. B. Ward (quoted in Penological and Preventive Principles)
+describes what he saw in 1893:--"In this splendid model institution
+there are noisome, slimy cells, where daylight never enters, in which
+human beings are literally buried alive. Under the massive arches of
+enormously thick walls, where even in the outside rooms perpetual
+twilight reigns, are inner cells, two feet wide by six feet long, and
+destitute of a single article of furniture. Until recently, those
+confined in them were walled in, the bricks being cemented in places
+over the living tomb. Now there is a thick iron door, which is securely
+nailed up and then fastened all around with huge clamps, exactly as the
+vaults are closed in Santiago Cemetery, and over all the great red seal
+of the Government is placed--not to be removed until the man is dead, or
+his sentence has expired. The tiny grated window is covered by several
+thicknesses of closely-woven wire netting, making dense darkness inside,
+so that the prisoners cannot tell night from day. There is no
+ventilation except through this netting, and no opening whatever to
+admit outside air into the tomb. Low down in the iron door, close to the
+ground, is a tiny sliding panel a foot long by a few inches wide
+arranged like a double drawer, so that food and water may be slipped in
+on shallow pans and the refuse removed. Twice in every twenty-four hours
+this panel is operated, and if the food remains untouched a given number
+of days, it is known to a certainty that the man is dead, and only then
+can the door be unsealed, unless his time is up. If the food is not
+touched for two or three days no attention is paid to it, for the
+prisoner may be shamming; but beyond a certain length of time he cannot
+live without eating. Not the faintest sound nor glimmer of light
+penetrates those awful walls. In the same clothes he wears on entering,
+unwashed, uncombed, without even a blanket or handful of straw to lie
+upon he languishes in sickness, lives or dies with no means of making
+his condition known to those outside. He may count the lagging hours,
+sleep, rave, curse, pray, long for death, dash his brains out, go mad if
+he likes--nobody knows it. He is dead to the world and buried though
+living. They told us that only one man has ever survived a year's
+sentence there. Those that survive six months are almost invariably
+drivelling idiots or raving maniacs."
+
+It was under similar conditions to these that the assassin of King
+Humbert of Italy was incarcerated. Such a system shows a cruel
+vindictive rage towards the criminal. Terrible as the offender's crime
+may be, society must deal calmly and not lose self-control or give such
+an exhibition of its own criminal ferocity.
+
+=The Separate System.=--Under which the prisoners are not allowed to
+associate with each other, but receive frequent visits from gaolers,
+warders, chaplains, and other persons who are likely to bring beneficial
+influence to bear upon them. Each man has his own cell, in which he
+sleeps and works. His exercise is conducted in such a manner as to
+prevent contact with other prisoners. He is allowed books and given
+daily instruction. Under this system perhaps the best results are
+obtained.
+
+=The Silent System.=--A system under which the prisoners associate with
+one another but are forbidden to communicate. This system cannot be
+strictly enforced, and as it converts trifling matters into serious
+offences, it makes the prison life a state of petty persecution.
+
+=The Combined System.=--A system which the prisoners are kept apart
+during the night but work together during the day. This system has been
+adopted in New Zealand, and in the following description of the value of
+imprisonment it will be understood that it is to this system that
+reference is made.
+
+A man is sent to prison because he has proved himself unfit to be at
+liberty. His attack upon society was evidence of this, and society
+punishes him by taking away the liberty which he has thus abused. His
+dread of the prison increases as he comes under the shadow of its grim
+walls, and, once having passed within, a feeling of remorse and
+desperation seizes him. Its intensity or weakness will depend upon his
+temperament. He is soon told in the most emphatic manner that he is to
+regard himself as a felon; that he is to live with felons as a felon and
+observe the habits of a felon. He is given a uniform coarse in texture
+clumsy and grotesque in appearance and branded over with the broad-arrow
+and with his prison number. In this garb it is impossible for a man to
+preserve his sense of self-respect. If he should not be amenable to the
+prison discipline he may be held up to ridicule by being compelled to
+wear a parti-coloured uniform. However can a man be expected to reform
+who is held up to the ridicule of felons? It matters not from which
+class of life he is drawn, what his age is, or the nature of his
+offence, he is thrown into the company of the worst criminals in the
+land. If he were a cultured man, or a man who had known no associates in
+his crime, or if his æsthetic taste was considerably developed it
+matters not; he must do the same work and mix in the same company as the
+most ignorant and most brutal. To utterly disregard these qualities is
+to ignore the wide-open channels along which the most powerful
+reformative influences may be transmitted. If his recovery is to be
+considered these are most substantial assets. They are, as it were, "the
+general health" of the patient suffering from a local lesion. Yet our
+prison system not only ignores them but patiently sets to work to
+destroy them, as if their possession were an additional offence on the
+part of the criminal. Prisoners who try to keep aloof from their
+associates may often be made to suffer very considerably for it. Others,
+craving for some association, soon fall in with men whom they would have
+regarded, a few days previously, as impossible companions. The almost
+entire absence of elevating influences makes it easy for the
+concentrated power of evil to become irresistible. The gloom of the
+prison rises, the fear of the law vanishes and the new born tendency to
+crime becomes a confirmed habit. A man needs either a very strong will
+indeed, or else to be supported by powerful social traditions to enable
+him to resist the evil influences of prison life. A few men do resist
+and maintain their sense of self-respect in spite of all indignities and
+bad influences. Some sink as under a torture; some sink and are enticed
+and absorbed into felony. These last will plan their future crimes while
+they are serving their first sentence. Henceforth the prison is their
+home.
+
+What purpose is thus served? Why should a man who has lost self-respect
+be continually reminded of it? If a man is diseased he is not placed
+amongst filthy conditions and the emblems of sickness and death crowded
+upon him. His removal from all unhealthy surroundings is the first
+essential necessary for his recovery, and the same should be observed
+with the criminal. He should be entirely removed from criminal
+surroundings and efforts made to eradicate the criminality which has
+expressed itself. Society has not the right to degrade a man, much less
+to school him in crime. If he prove absolutely incorrigible (a very
+difficult matter to ascertain) he should be banished from society for
+all time either by life-long imprisonment or by death. If not, the
+carrying out of his punishment must be performed with a very sacred
+sense of responsibility. All manner of means are taken to relieve and
+cure the physically sick; much greater surely should be the means
+employed to heal the morally and socially sick.
+
+Another matter wherein our prison system might be justly criticised is
+the scale of diet provided for the prisoners. No one asks that they
+should be given luxuries, but it might at least be recognised even in
+prison that one man's food is another man's poison, that one fattens
+where another starves, and that variety is essential to good health. A
+prisoner who was serving a very long sentence once said to the author,
+"fancy having the same dinner every day of your life." Let one fancy it,
+boiled beef every day except Sunday, when roast beef is provided. The
+same meal every day, the same clothes to wear every day and all day, and
+the same routine to go through. What wonder is it that in the confirmed
+criminal many faculties appear to have atrophied. They have obeyed a law
+of nature. The popular comment is no doubt--"what else do you expect?
+They deserve it all, they have brought it upon themselves." We expect
+that our criminals should at least be treated like the by-products of
+our mills and factories, i.e. made the most of. Bitter prejudices must
+give way to the dictates of reason and humanity.
+
+Practically the "combined system" produces no good results. It satisfies
+neither justice, humanity, nor economy. Neither is it efficient to
+afford protection to society. It satisfies prejudice and vengeance
+alone. The only system of imprisonment which is of any value and which
+the State ought to consider is one which converts the gaol in every
+essential into a "crime-hospital."
+
+Concerning life imprisonment much apprehension exists in the public
+mind. The prevailing idea is that this sentence implies incarceration
+for a period of twenty years. This is due perhaps to the fact that in
+England the sentences of "lifers" are reconsidered at the end of that
+period, and in the majority of cases a pardon is granted. The New
+Zealand prison regulations contain this section (116) "No rule for the
+remission of life sentences will be laid down. Such sentences are passed
+on persons guilty of the very gravest offences; and the Governor will
+only extend the royal prerogative of mercy to such persons in
+exceptional cases." Under certain conditions life imprisonment is the
+only way of dealing with criminals who refuse to reform. Those
+conditions do not exist in our New Zealand prisons, and a life sentence
+served within their walls is the most cruel form of punishment our laws
+allow. The prisoner enters the gaol with a long, dark, hopeless future
+before him. As the years roll by not one ray of light brightens his lot.
+He can never better himself. He suffers, he is meant to suffer, the loss
+of all he holds dear (and even a murderer holds some things dear). This
+absolute loss, this complete severance of all ties, produces a most
+agonising mental state and afflicts the poor wretch with untold horrors.
+He is made to drag out an existence under most unnatural conditions,
+conditions in which every effort he makes towards self-improvement is a
+useless one, every aspiration is routed, the natural affections crave in
+vain for an object to fasten upon, and where an artificial atavistic
+process is set in motion so powerful as to defy the resistance of all in
+time. This is no imaginary picture, a man is a man, and one of the
+cruellest tortures to submit him to is to deprive him absolutely of hope
+and make good his evil because it requires an effort which is useless,
+and evil his good because it is easier and costs the loss of nothing.
+Perhaps the majority of lifers are those whose sentences have been
+commuted from the death penalty. Such a sentence is in reality the death
+penalty carried out under slow process extending over many years.
+Gradually remorse and despair do their work upon the natural instincts,
+the mind and the body. The man becomes brutalised, insane and dies. An
+exception here and there may be pointed out; but given twenty men of
+same age and good health, and sentence ten to twenty years, and ten to
+life imprisonment, and the chances are that (under reasonable
+conditions) the ten with the defined sentence will survive it, whereas
+of the lifers the majority will be insane within twelve years. The
+following testimony will, however, be of greater weight:--
+
+The Directors of the State Prison in Wisconsin in their report for 1881
+add:--
+
+"The condition of most of our life prisoners is deplorable in the last
+degree. Not a few of them are hopelessly insane; but insanity, even,
+brings them no surcease of sorrow. However wild their delusions may be
+on other subjects, they never fail to appreciate the fact that they are
+prisoners. Others, not yet classed as insane, as year by year goes by,
+give only too conclusive evidence that reason is becoming unsettled. The
+terribleness of a life sentence must be seen to be appreciated; seen,
+too, not for a day or a week, but for a term of years. Quite a number of
+young men have been committed to this prison in recent years under
+sentence for life. Past experience leads us to expect that some of them
+will become insane in less than ten years; and all of them, who live, in
+less than twenty. Many of them will, doubtless, live much longer than
+twenty years, strong and vigorous in body perhaps, but complete wrecks
+in mind. May it, therefore, not be worthy of legislative consideration
+whether life sentences should not be abolished and long but definite
+terms substituted, and thus leave some faint glimmer of hope even for
+the greatest criminals?"
+
+Sir E. Du Cane stated in 1878 before the Royal Commission on Penal
+Servitude Acts:--
+
+"I myself do not think much of life sentences at all. I would rather
+have a long fixed term. I think all the effect on the public outside
+would be gained by a shorter period."
+
+Mr W. Tallack, late Secretary of the Howard Association, writes in his
+"Penelogical and Preventive principles":--
+
+"Of life imprisonment it may be conclusively pronounced very bad in even
+the best form of it. Years of enquiry and observation have increasingly
+forced this conviction upon the writer.... A fixed limit of twenty years
+would greatly aid the discipline of its subjects. And what is of more
+importance so far as the public are concerned, it would, in most cases,
+avail to practically incapacitate or effectually deter the persons who
+pass through it from any repetition of their crime. The mere natural
+operation of age, decay, and disease would tend towards this result; and
+not only so, but it would, in a considerable proportion of cases, render
+the limit of twenty years a virtual sentence in perpetuity by the
+intervention of death. But meanwhile the elements of hope and other
+desirable influences would be largely present, notwithstanding."
+
+To say the least of it our criminals have a claim for humane treatment,
+and no sentence should have a greater duration than twenty years. The
+term also should be fixed when the sentence is imposed.
+
+=Flogging.=--This is an extremely unpopular form of punishment, owing to
+its abuse in the old convict stations and in the army and navy. Yet
+there is a great deal to be said in its favour. In 1898 the Howard
+Association instituted an enquiry among the most competent authorities
+as to what were the best methods of dealing with juvenile offenders.
+Nearly 40 replies were sent in answer to their circular of enquiry, and
+with but one or two exceptions these replies advocated whipping as the
+most expedient method. The Chief Constable of Liverpool
+stated:--"Whipping has been found a most efficient and HUMANE
+punishment. During the last FIVE YEARS 489 boys were once
+whipped. Of these, only 135 have been again convicted. Of the 135, 44
+were whipped for the second time. Of the 44 only 10 were convicted a
+third time, and 2 only for a fourth time. No other punishment can show
+such a record...."
+
+Our Criminal Code describes a whipping as being a punishment of not more
+than 25 strokes with the cat-o'-nine-tails inflicted upon a person of
+not more than 16 years of age. A flogging is limited to not more than 50
+strokes and not less than 25 inflicted upon a person of over 16 years.
+Three floggings at intervals for one offence is the maximum amount of
+castigation allowed.
+
+A description of the "cat" may not be out of place. The handle is round
+and of uniform diameter of one inch. It is about 30 inches in length and
+is light as cork. The "tails" (nine in number) are made of cord similar
+to fishing cord, about an eighth of an inch in diameter and 33 inches in
+length. In each tail a strand is taken out, wound round and put back,
+thus making a bob. There are 27 of these bobs in all. A flogging with
+such an instrument would no doubt be very severe, but it need not draw
+blood nor leave marks for all time. A flogging properly administered
+should produce sharp stinging pain and leave no bad results whatever.
+Then it becomes a very useful punishment to use upon such men as those
+whose crimes are characterised by cruelty. Men who violate, torture, or
+frighten women, who are cruel to children or take advantage of the weak,
+imbecile or defenceless might well be punished with a flogging. In fact
+it is questionable whether any punishment is so effective. These men are
+cowards one and all; they do not dread the lazy life of the prison, but
+a flogging has great terrors for them, and its moral value is
+considerable. In bygone years men who were flogged were often worse than
+before. The flogging had demoralised them. These floggings were,
+however, shockingly cruel. Nothing is to be admitted but the sharp
+swishing and this, when properly carried out, is totally without any
+objectionable feature.
+
+There seems no necessity to combine a flogging and a long term of
+imprisonment under one sentence. The maximum punishment of three
+floggings might be given within a period of two months, and the culprit
+then in most cases discharged. As to the advisability of ordering more
+than one flogging a great deal might be said. Fifty lashes and the man
+discharged within a week would be sufficient for the majority of cases.
+For a very brutal crime or for a second offence of the same nature, a
+second flogging after a period of days might be thought necessary. The
+very greatest care, however, must be exercised in the administration of
+this punishment. The crimes of brutality rightly arouse the indignation
+of the public, but there is no need to show a brute that society can be
+a greater brute than what he is. Being a brute, leniency invariably
+fails, but unimpressionable to these methods as his moral and humane
+instincts are, his skin remains sensitive, and through it his instincts
+may be appealed to and quickened. Flogging makes him consider that the
+practice of brutality is in direct variance to his own personal
+interests and comfort. From this he may be led to moralise further.
+
+Gangs of boys who are becoming a nuisance to the neighbourhood they
+infest are quickly broken up if their ring-leader is treated to a dozen
+strokes that he will not feel inclined to boast about. The mercifulness
+of this punishment is seen in its power in thus effectively stopping the
+tendency to crime. Larrikins, unnatural husbands and fathers, brutes and
+torturers, cattle maimers and stack burners, all see their personal
+interests lying in a very different direction to that which leads to the
+"cat."
+
+=Capital Punishment.=--The authority to take the life of a fellow-man is
+based on God's word to Noah, "whoso sheddeth man's blood by man shall
+his blood be shed;" and upon the abstract idea of justice "a life for a
+life." These words in no sense contain a command to us of this century
+to execute all murderers without exception. For the present state of
+civilisation a new principle has been evolved which is, that when a man
+shows himself to be unchangeably hostile to society then his life may be
+forfeited. As the methods of dealing with criminals improve so the word
+LIBERTY is being substituted for the word LIFE. The sin on the
+man's soul may be left to God; all that men has to deal with is his
+anti-social attitude. If impossible to change this attitude then either
+death or life imprisonment must result. This very question of
+possibility is so uncertain that few modern criminologists care to
+adjudicate, and most regard the death sentence as anticipating too much.
+Life-imprisonment, under the highest moral influences, becomes life-long
+by and only by the continued resistance of the criminal. It is not the
+objectionable form of punishment previously described for it encourages
+the man to put forth his best effort to improve, and substantially
+rewards these efforts, even to granting him his liberty if he persevere
+with them. Punishment by death is becoming more and more unpopular. The
+dislike of juries to bring in a verdict of "guilty" in a murder case is
+sufficient testimony to this. In the crowds who sign petitions for the
+reprieve of the condemned, the hysterical element is too prominent to
+make any other estimate possible. But the reaction is steady, and it
+will not be long before capital punishment becomes a thing of the past.
+To abolish it before a suitable substitute were provided would be
+mistake.
+
+Gradually society is awakening to the fact that the condition of the
+criminal ought to be ameliorated, and that there can be no real
+amelioration which does not make definite efforts for the prisoner's
+reform. The aim should be to assist every man to recover by his own
+effort the place in society from which he has fallen. No man is
+incapable of improvement, and under a wise systematic discipline most
+men do improve. A remarkable witness is found in the experience of Dr
+Browning who was engaged as Surgeon-superintendent of convict ships
+between 1831 and 1848. Of one voyage from Norfolk Island to Tasmania he
+was in charge of 346 "old hands." These men had agreed to take terrible
+revenge upon some of their comrades who had been employed as constables
+over the others. Under Dr Browning's instruction and discipline their
+purpose was abandoned. He landed the men in Tasmania without having
+inflicted a single punishment upon the voyage. He remarks:--"The men
+were given to me in double irons; I debarked them without an iron
+clanking among them. I am told that this is the first and only instance
+of convicts removed from Norfolk Island having had their fetters struck
+off during the voyage, and being landed totally unfettered. They were
+almost uniformly double-cross-ironed and chained down to the deck,
+everybody being afraid of them. I was among them at all hours and the
+prison doors were never once shut during the day. To God be all the
+glory." Three Governors of Tasmania expressed their high opinion of Dr
+Browning's system and of its subsequent effects upon their behaviour.
+(Vide "Christianity amongst Prisoners." Howard Ass.:)
+
+In the famous Dartmoor prison and at Borstal in Kent experiments are
+being made to secure a greater number of reformations among the younger
+convicts. It is too early to estimate the value of the systems being
+tried, but they are being watched with much hope and expectation. In
+America there is a decided tendency to substitute State reformatories
+for prisons, especially in the case of the young. The Elmira Reformatory
+has been established for more than a quarter of a century, and its
+claims to have reformed 82 per cent. of the men committed to it has been
+upheld by the special enquiry instituted in 1890.
+
+If these different systems were more closely studied there would result
+a great awakening as to the possibilities of the criminal, and society
+would discover that its best interests were served by reforming its
+offenders and making them moral and industrious servants of the State,
+instead of by committing them to institutions where they were brought
+into contact with consecrated villainy and where the unwholesome
+influence is calculated to confirm them in criminal habits and make
+them a constant menace and expense to the community. That our criminal
+population is on the increase, and that the proportion of recidivists
+grows larger every year, is scarcely to be wondered at in the midst of
+such influences. Notwithstanding all that has been done to improve the
+state of prisons from what they were even fifty years ago, yet the motto
+"once a criminal always a criminal" is often too sadly true. The report
+of the English commissioners of prisons shows that amongst those who
+have been convicted during the year 1902, 51.9 per cent. of the men and
+70.6 per cent. of the women had been previously convicted. In the past
+these results were regarded as inevitable. Now they are regarded with
+much disquietude. Formerly they were supposed to point to a defect in
+the criminal, now they are understood to prove a defect in the penal
+system. The reason for this defect lies in having regarded certain
+objects as primary which are in reality only secondary. These objects
+have been defined to be the deterrence of crime by the example of
+punishing criminals; the repression of crime by the infliction of
+punishment, and the protection of society as a consequence. The
+deterrent value of the penal system has been greatly reduced by the
+small amount of dread which it excites in the criminally disposed. The
+representative value is of a minus quantity. Crime is assisted more than
+it is crippled. The protection of society is secured only during the
+period of incarceration. At the end of that period the criminal must be
+discharged and he goes forth often a more skilful criminal than before
+and with a vow to take vengeance upon society.
+
+Regarding these objects as secondary the reformation of the offender has
+been acknowledged as primary by criminologists, and they turned their
+attention to study the criminal pathologically, to enquire into the
+causes of crime and also to make trial of the best methods for securing
+reformation. "Punishment the principle and reformation the incident,"
+was the theory of the old school. The New school reverses the order to
+"Reformation the principle and punishment the incident." Obviously this
+course renounces the old principle of retaliation and vengeance and
+embraces that indicated by Christ in his precept "bear ye one another's
+burdens."
+
+=The Philosophy of Punishment.=--The threatening attitude of the
+criminal towards the peace and welfare of society makes it an obvious
+necessity that society should protect itself against him, otherwise he
+would soon master the situation and reduce social order to barbarism.
+
+What are the steps which it must take? It must first remember that its
+right to punish is not an inherent, but a delegated one. Though its
+powers are sovereign in the sense that there is no appeal from them, yet
+they must not be exercised in an arbitrary way. So far as there is a
+capacity for the realisation of responsibility to God so far must that
+responsibility be observed. Where this responsibility is disregarded,
+society immediately becomes the greater criminal itself even though its
+deeds may be done in the name of the majority of its members. As history
+is not without examples of this abuse of a sacred trust neither is it
+without instances of the Divine interference expressed in the
+destruction of a community which had offended after this manner. This
+responsibility must be acknowledged firstly--in the end to be attained;
+and, secondly or subsequently--in the means by which it is attained. We
+are generally informed that our penal systems exist for the purpose of
+repressing crime, and that punishment is thus inflicted upon the
+criminal in order that others may be deterred from following his
+example. Reformation is sometimes suggested. The public, however,
+concerns itself very little about its criminals and much less about the
+objects which its penal system is supposed to secure for it. The
+attitude of the general public towards the criminal is undoubtedly a
+vindictive one. His sentence is discussed from this point of view only,
+viz.:--will the suffering that he will have to undergo be sufficient to
+accord with the enormity of the crime he committed? The end which is
+understood is simply suffering, expiatory suffering; suffering which
+neither man nor society has any right whatever to inflict upon a human
+being. The old principle of an eye for an eye, while in accord with
+abstract justice, was often made the occasion for abuse, and the largely
+prevailing conception of justice amongst us to-day is precisely the
+abuse of that same principle. Society does well in returning upon its
+criminals the consequences of their acts, but the consequences should be
+a natural return and not an artificial one. The criminal should see that
+by his attack upon society he is excluded from all the benefits of its
+system. He has isolated himself and this isolation is of itself
+miserable, and will, if persisted in, become intolerable. Its final
+state is Hell, a state in which society is destroyed while the social
+instinct remains and craves in its unquenched agony. It is perfectly
+right to show the wrong-doer the ultimate end of his chosen course, but
+there is no warrant for the strenuous effort which is made to force him
+towards it. A criminal's punishment should be made purgatorial and not
+internal. The old penology regarded him as a hopeless individual and
+proceeded with its hellish tortures without undue delay. Beneath its
+system no reforms were possible, and the fact that none were ever made,
+was pointed to in order to justify its horrors. Society took no interest
+in them whatever while they were being pushed lower and lower down the
+social scale, but met them at the lowest steps, and, halter in hand,
+gravely professed the utmost concern in their future and eternal
+welfare.
+
+So far, society has failed to recognise the end of the punishment it is
+entitled to impose. In the words of Dimitri Drill, a Moscow publicist,
+the new penology expresses that it "renounces entirely the law of
+retaliation as end, principle, or basis of all judicial punishment. The
+basis and purpose of punishment is the necessity of protecting society
+against the evil consequences of crime either by the moral reclamation
+of the criminal or by his separation from society; punishment is not to
+satisfy vengeance." We must not jump to the hasty conclusion that herein
+is meant that the criminal must be treated very gently and coaxed back
+to more virtuous paths. What is meant is that his punishment should be
+made purgatorial and not infernal. The process of reclamation is
+accompanied by far sharper pains than those which are expiatory, but
+they are the pains of a healing surgery and not those of a soul
+destroying brutality. Where the means for reclamation fail then
+separation from society is advocated. Separation in the midst of
+influences which would always tend to awaken the desire to reform and
+which would give immediate assistance to that desire when awakened.
+
+Thus the recognition of this fact that the authority to punish offenders
+against its law has been, by God, delegated to the social institution,
+brings with it a recognition of the responsibility which accompanies
+such authority.
+
+In primitive times most offences were punished by the death penalty, not
+as a vindictive measure but because the offender was hopeless and
+society helpless. That is, the social state being of a very simple
+order, any infraction of its laws would declare the offender a most
+pronounced criminal, bitterly hostile to society and irreclaimable by
+such social machinery as then existed. The death penalty when inflicted
+must ever be so regarded. Not as a life for a life but as the punishment
+inflicted upon one who has by his own conduct given complete evidence
+that his recovery to the social state is impossible. In this century of
+civilisation it is incumbent to look upon the criminal as being in a
+measure a by-product of society and to deal with him accordingly.
+Outside of society crime is impossible, therefore society accounts for
+crime and is also in a measure responsible for it. To this measure
+exactly (although the measure itself can never be determined with
+exactitude) is the criminal by-product. In a large measure he is
+responsible (entire responsibility is conceivable), and it is this sense
+of responsibility which makes it possible to carry out his treatment.
+
+Large industries find that their by-products are an important asset and
+to disregard them would be ruinous. Mr Frazer in his book "America at
+Work" states that the expenses of the meat-packers of Chicago for 1901
+amounted to £150,244,848. The sales of meat realised £124,263,998, and
+yet a net profit of £6,767,638 resulted. What appears to be a paradox is
+explained by the fact that a sum of no less than £32,748,488 resulted
+from the sale of by-products. All the waste must be turned to dollars.
+
+Commercial advance has certainly out-stripped social advance, and
+apparently for the reason that whereas in commerce a pig's tail is
+regarded as an important asset, in our social system the criminal and
+the weakling are regarded as a heavy liability. When the point of view
+is changed society will advance more rapidly. So, too, society finds
+that it must utilise its by-products and to devise means which it can
+bring to bear upon the criminal, so as to bring him to a state of
+usefulness. The enormity of the crime and the degree of criminality are
+alike impossible to estimate, therefore it is also impossible to define
+a punishment which makes an attempt to recognise any of these qualities.
+
+It is, however, quite possible to determine within very fair limits the
+continuance of the criminal habits, also the value from a reformatory
+point of view, of various social influences, and further there exists
+the power to apply these influences. To sum up--society possesses within
+itself the power to reform its criminals (to utilise its by-products)
+and to determine when they have been reformed.
+
+Separation from society is rendered absolutely necessary by the
+criminal's own behaviour, if by his behaviour he shows that he is not
+capable of using freedom profitably. But if his separation is to serve
+any real purpose whatever it must be accompanied by an educational
+process which will work him back to that point where he left the social
+track and then so propel him forward that he may recover his lost
+ground, and when restored to society be enabled to identify himself with
+its progressive system.
+
+So far our penal system is a mistake. Whatever it may be theoretically,
+practically it is only vindictive. Its failure has caused some to
+despair and others to reflect.
+
+
+
+
+Chapter V.
+
+ELIMINATION--DR. CHAPPLE'S PROPOSAL.
+
+
+In the last chapter it was shown that capital punishment sought for its
+justification in the theory that certain criminals had assumed an
+attitude of permanent and aggressive hostility towards society. Their
+presence in society is regarded as a menace to human life, and no moral
+improvement is expected to result from their imprisonment. So hopeless
+is this class of criminal regarded as being that, so it is declared, no
+other policy save that of extermination can be considered.
+
+In primitive society criminals were less numerous than in our own time;
+but those that did then exist belonged, almost all of them, to the worst
+type. There being no public institutions for the administration of
+justice, practically one course only remained open, and that was, that
+the person wronged should seek to avenge himself as best he could, and
+the death of the wrong-doer was generally the satisfaction that he
+sought. As civilization has advanced, criminals have become more
+numerous; but they have taken to crime by more gradual steps. Society,
+too, has deprived the individual of the right of wreaking his own
+vengeance, and has erected institutions for the purpose of determining
+guilt and apportioning punishment. From the days of Noah, deeds of blood
+and other crimes of a serious nature, have been punished by death and
+from then, until this present day, the one idea underlying the
+administration of justice has been that society should get rid of its
+criminals as speedily as possible. Repression alone was thought to be
+efficacious, reformation was scarcely thought of.
+
+Of late years the criminal has been more carefully studied by his
+fellow-beings. Some have studied him as a monster and believed him to
+have the heart of a beast; others have studied him as a man and had
+faith in his possibilities. The former have noticed the failure of
+repressive methods, such as flogging and other penal severities, and
+have in despair been led to advocate that the only possible remedy is
+that of extermination. The latter have discovered that the failure of
+these repressive methods but imposes upon society the obligation of
+adopting a system of an entirely different order and with an entirely
+different object, viz: a system for the reformation of the criminal.
+
+The "exterminators" have studied the criminal objectively and have had
+regard to his crimes only; the reformers have studied him subjectively
+and have had regard to his possibilities. The policy of the
+"exterminators" must be condemned on this ground, viz: that they have
+made but a half study of their subject, and they do know, and they
+refuse to listen to, of what the criminal is capable. Neither do they
+estimate the capacity of the enormous social power that may be attached
+to the criminal's own, but feeble, effort so as to raise him up, even
+from the deepest depths of vice and villainy. The careful subjective
+study--the truly humane study--of the criminal, has shown that all
+theories which would declare any man to be incapable of improvement, are
+to be condemned absolutely. The possibilities of reform exist in every
+case, and the probabilities are never to be denied. None can gainsay
+this statement nor can it be termed extravagant, for with the imperfect
+machinery now in use results are being attained which justify every
+syllable of it. Yet in the face of these results, the "exterminators"
+still proclaim their policy. They bid us be deaf to the voice of
+prejudice and follow the true light of science, ever remembering that we
+are passing through a wonderful stage in social evolution! But the
+policy that they adopt belies that which is indicated in all this fine
+talk. They say that we must exterminate the criminal, and this is
+nothing less than an acknowledgement that, to their minds, the problem
+of the criminal is one of outer darkness and that we have no means of
+ever penetrating it. They would take us back to a period anterior to
+Adam.
+
+Prejudice, indeed, needs to be overcome, but it is the prejudice that
+prefers vengeance to mercy. And if we follow the true light of science
+it will lead us to discover that the criminal is best got rid of by
+converting him into a useful citizen, or to be more exact, society's
+best effort is to be directed towards separating the crime from the
+criminal.
+
+Recently a Wellington medical gentleman (Dr Chapple) published a work
+entitled "The Fertility of the Unfit." The problem which this gentleman
+attempts to grapple with in his book is the disproportionate rate of
+increase among the numbers of the unfit to the fit members of society.
+Under the classification of the unfit he places all those persons who,
+on account of mental, moral or physical defect, constitute a burden to
+society. These are, principally, the epileptic, the pauper, the insane
+and the criminal. These either will not, or cannot support themselves
+adequately and legitimately. For their treatment support and correction,
+hospitals, asylums, charitable aid boards, gaols and other institutions
+have had to be established, and the upkeep of these has become a great
+burden which necessarily has to be borne by the healthy, moral and
+industrious section of the community.
+
+Dr Chapple draws attention to the undeniable fact that there is a
+tendency on the part of those unfit to increase at a greater ratio than
+the fit. The rate of increase during the past twenty years has been so
+great and so disproportionate as to make the cost of their maintenance
+become an increasingly heavier one for the individual taxpayer to bear,
+and to cause for this and other reasons, a considerable amount of alarm
+in the minds of those who have the welfare of society at heart.
+
+The Doctor believes that the cause of this proportionate rate of
+increase is to be found in the methods adopted largely among certain
+classes for the prevention of child-birth.
+
+In the conclusion of his book he states that sexual inhibition on the
+part of the better classes accounts for their smaller rate of increase
+as compared with the rate of the inferior classes. We cannot accept this
+conclusion without more evidence. We want to know definitely whether the
+natural rate of increase among the better classes is really lower than
+that existing among the inferior classes. That is to say, are the ranks
+of the defective being swelled by the influence of heredity or by some
+extensive force recruiting from among the ranks of the fit? Another
+question is this: Since the use of preventives is available to both
+sections alike, the Doctor accounts for the supposed natural
+disproportion by assuming that the better classes restrain themselves.
+Is he right? Using the word "restrain" in its absolute sense we beg
+leave for most emphatic doubt. In an enquiry such as this is, the only
+factor of any real importance as accounting for a diminished birth-rate,
+is the use of preventives. If this method is confined to the better
+classes, we must refuse to call them any longer our "best stock," for,
+if they are not producing a defective offspring, they are, as the recent
+Australian Birth-Rate Commission has made abundantly plain, speedily
+making defectives of themselves, besides being guilty of lowering the
+social moral tone and hardening its sensibility. We are strongly of the
+opinion that the diminished birth-rate does not account for the increase
+in the number of criminals and defectives further than that the use of
+preventives discloses a species of criminality.
+
+Nevertheless, Dr Chapple proposes, not so much to restore the
+equilibrium as to get rid of the defective altogether. He assumes that
+defectives are born and not made, and then makes enquiry into the best
+possible means for the prevention of their birth. After passing several
+methods in review, he accepts an operation known as tubo-ligature as
+being the best from all points of view. This operation will render the
+female permanently sterile without having any deleterious effect upon
+her health. Absolutely no result follows, he assures us, but sterility.
+If the wives of all defectives were operated upon in this way, Dr
+Chapple assures us that the problem concerning the defective would
+speedily be solved and society would be the happier and wealthier in
+every way. The proposal might give something of a shock to the moral
+conscience but such a shock would only unfit us for our work. The
+criminal is upon us, he threatens us, and we must protect ourselves. The
+necessities of the case are so pressing and so urgent that we seek for
+the most effectual remedy and use it unhesitatingly when we have found
+it. Here it is, says Dr Chapple, and its morality is determined by the
+relief which it, and it alone, is able to bring.
+
+What are we to do? Why, sterilize the wife of the defective. As the
+criminal is most harmful of all defectives he is summoned to come
+forward first and to bring his wife with him, when behold, the man
+turns up alone. Where is his wife? Why, he hasn't got one. Has Dr
+Chapple considered this fact? Did he know, when he made the statement
+that it was a matter of common observation that the criminal was among
+those who had the largest families, did he know then that the criminal
+rarely married? It cannot be said that the criminal's wife is as rare as
+the Great Auk's egg, but Havelock Ellis states that "among men criminals
+the celibates are in a very large proportion." And Féré further supports
+the value of the statement for our present purpose by saying that
+"criminals and prostitutes have this common character, that they are
+unproductive. This is true also of vagabonds, and of the idle and
+vicious generally, to whatever class they belong."
+
+Two years' experience as a prison chaplain may not be of much value, but
+it certainly conveyed the impression that the majority of the criminals
+were young men who were unmarried.
+
+But Dr Chapple adduces evidence. He tells us of a family in which there
+were 834 persons the descendants of one woman. Of this family 76 were
+convicts, 7 were murderers, 142 were beggars, 64 lived on charity. Among
+their women 181 lived disreputable lives, and in 75 years this family
+cost their country £250,000 in alms, trials, imprisonments, etc. What
+family is this? If the following comparison is conclusive in its results
+then it must be the "Jukes" family.
+
+                                     Dr Chapple's
+                                         Case.       The "Jukes"
+
+  Number estimated                       834             834
+    "    definitely traced               709             709
+    "    of criminals                     76              76
+    "    convicted of murder               7               7
+    "    of beggars                      142             142
+    "    receiving alms house relief      64              64
+  Illegitimates                          106             106
+  Period reviewed                         75 years        75 yrs.
+  Cost to State                        £250,000        £250,000
+
+If it will be allowed that the agreement in these nine lines of
+statistics establishes the identity between the two cases, then the
+evidence may be examined.
+
+In the first place, the "Jukes" family is the most exceptional one known
+in the history of crime, and it must be treated as an exception and not
+as an example. In the second place, these 834 persons were not descended
+from one woman in 75 years but from FIVE women who were the legitimate
+and illegitimate daughters of an old Dutch back-woodsman who lived in a
+rocky part of the State of New York and who is known to criminologists
+as "Max Jukes." My authority for declaring that there were five female
+ancestresses during the period reviewed as against one, stated to be the
+case by Dr Chapple, is Mr R. L. Dugdale, who made a close personal
+investigation of the life and records of the family. He himself
+collected the statistics that are given above and which are identical
+with those given by Dr Chapple's authority, Prof. Pellman, and
+therefore one must conclude that Prof. Pellman has studied the case at
+second hand and, in this important detail, is in error.
+
+That 834 persons should have descended from five persons in 75 years
+covering five generations, exclusive of the 5 ancestresses, does not
+strike us as evidence of an exceedingly prosperous birth-rate. If there
+had been another thousand descendants it would not allow for an average
+of 3 children to grow up and marry in each family. We may then set aside
+the contention that the "Jukes" were enormously prolific.
+
+Still the "Jukes" were an enormous cost to their country, and surely we
+should prevent such a family ever appearing in our midst. The answer to
+this is that the "Jukes" have only appeared once, and, so far as our
+community is concerned, our social progress makes their reappearance
+absolutely impossible. The "Jukes" were a tribe of vagabond outlaws.
+They gained a livelihood by fishing, hunting, robbery, and intermittent
+work. They lived in a rocky, inaccessible region in the lake country of
+the State of New York. Their criminals were able, with a considerable
+measure of success, to defy the police, and travellers very rarely
+approached the vicinity of their habitat. Some drifted into the towns
+and villages. A proportion of these supported themselves by honest
+industry, and a proportion became a burden upon the rates; Such nests of
+criminals can exist only in partially civilized countries. The advance
+of civilization extinguishes them. Nowhere in New Zealand could such a
+tribe prey upon and defy society for a period of two weeks together. The
+criminals that we have to deal with are those which society produces not
+those which it extinguishes.
+
+But if the "Jukes" were at all reproductive what is the difference
+between them and other cases of criminals? Principally this, that the
+"Jukes" formed a little society of their own in which marriage and
+co-habitation was the rule. Of their women 52 per cent. were
+disreputable; but Dugdale refuses to call them prostitutes, but rather
+harlots, indicating that their marital relations were of the order of a
+progressive polyandry and by no means unproductive. Under these
+conditions, a fairly large natural increase is not to be wondered at.
+
+No such family has, nor could, exist in the midst of our civilization,
+but as the case is advanced, not to show a distinct species of
+criminality, but rather as an example of the rate of natural increase
+that may be expected of a criminal family, we will examine and compare
+the conditions of life existing among the "Jukes" and the criminal that
+we have to deal with and thus discover features among the latter which
+militate against a large birth-rate; but which are not present among the
+former.
+
+Our criminals, for the most part, commence their career of crime at an
+early age. The Rev. W. D. Morrison of Wandsworth Prison, England,
+declares that the most criminal age is reached between the years of
+twenty and thirty. This holds good, he says, for Europe, Australia, and
+the United States.
+
+It is a mistake to suppose that a man first commits crime and then
+plunges headlong into vice. Though true in some cases, it is exactly the
+reverse course which is followed in the majority of cases. After having
+passed with a measure of success through the milder domestic and
+scholastic spheres, the youthful criminal become a failure in the
+severer social or industrial sphere. Some criminologists go so far as to
+say that the majority of criminals have displayed distinct evidences of
+criminality at so early an age as sixteen years. Whatever may have been
+the cause for committing crime, the crime itself shows that the youth
+refuses to acknowledge the obligations which an organized society lays
+upon him. This refusal extends practically throughout the social order,
+and neither is it confined to this order, but extends also to the moral
+order and is shown in a total disregard for the matrimonial state. The
+youth gives way to natural appetites and associates himself with women
+of low repute. He is of wandering habits, works, when he does work, but
+intermittently, is restless, and totally disinclined towards matrimony.
+Socially, industrially and morally he is unstable. It is these
+conditions of his life which so contrast him with that species of
+criminality which the "Jukes" family presents. And it is these same
+conditions which support the statement of Féré and Ellis, that he is
+generally a celibate and non-productive. Concerning the progeny of the
+female criminal there is little to say except that the causes which
+chiefly account for the male criminal operate to produce the prostitute
+among women, and therefore criminal women are in a very small minority.
+Of these criminal women, Lombroso says that they are monsters who have
+triumphed over the natural instincts of piety and maternity as well as
+over their natural weakness. They are bad mothers, and children are a
+burden to them from which they will readily rid themselves.
+
+Notwithstanding Dr Chapple's evidence, it is conclusive that his
+statement that criminals have the largest families, is entirely opposed
+to fact, indeed the exact reverse is the case.
+
+So far as the criminal is concerned, one may well ask whether he has not
+set himself to the useless task of threshing straw.
+
+The question concerning the proportionate rate of natural increase among
+all classes of society is one which provides one of the fundamentals
+upon which Dr Chapple has based his proposal. Instead of enquiring into
+the actualities of this question he has assumed them, and from his
+assumption proceeded to his result. His assumption that the better
+classes use preventive means which the inferior classes do not use, is
+open to challenge; that there might exist among the inferior classes
+causes peculiar to these classes which militate against their increasing
+naturally, he has failed to notice. There do exist such, and so potent
+as to disprove entirely his statement that the problem is one for the
+solution of which we must search deep down in biological truth. The true
+solution will not be found in biological truth but in sociological
+truth, and there fairly near the surface.
+
+As Dr Chapple's evidence entirely fails, the conclusions of expert
+criminologists must be accepted, viz., that criminals are
+characteristically unproductive, and that, among male criminals, the
+celibates are in a large majority. As, from these reasons, the vast
+majority of criminals cannot be the descendants of a criminal ancestry,
+obviously tubo-ligature will not meet the case.
+
+So far indeed the criminal descendant from criminal stock has alone been
+considered, whereas a large number of criminals have come from a drunken
+or from a pauper ancestry. Statistics indicate that 33 per cent. of
+criminals come from an intemperate ancestry and 2 per cent. from a
+pauper one. But in both cases, environment has a great deal more to be
+held responsible for than has heredity. It is the conditions of the home
+life which make the drunkard's child a criminal, and the same applies
+with equal force to the pauper's child. So that, if drastic measures are
+to be taken with these classes, surely such measures will proceed
+gradually from the mean to the extreme, and severe measures will not be
+employed until milder ones have failed. Where the question is one of
+environment it is the man's character and habits which have to be dealt
+with and not his nature. Environment is always capable of modification,
+and, when improved, the result is invariably a beneficial one for those
+concerned. So that the least that may be said for the criminal
+descendants of drunken ancestors is that a better way exists and should,
+by all moral laws, be first adopted.
+
+Further difficulties, of a physical, rather than moral nature, also
+exist.
+
+And here again Dr Chapple has assumed another fundamental position. Is
+it too much to require of him that he should prove that, where criminals
+have sprung from a defective ancestry, this defect should be invariably
+transmitted? That, in short, a criminally defective ancestry is an
+invariable cause producing a criminal descent. (Note.--By criminally
+defective ancestry we mean the ancestry from which criminals spring. It
+may not itself be criminal. It may be drunken or pauper.) Such an
+important question cannot be assumed; positive proof is demanded, and
+this is nowhere forthcoming in Dr Chapple's book.
+
+If it were allowed that criminals were the most prolific of all classes
+of society, this question of heredity would still have to be cleared up
+before such a proposal as tubo-ligature were seriously discussed, for
+surely so drastic a remedy would never be employed except under the most
+positive conditions, that is to say, that this operation would never be
+employed until it had been ascertained, with scientific precision, that
+the birth of degenerates, and degenerates only, was being prevented.
+
+Dr Chapple failing to illuminate us upon this point we inquire, does a
+criminally defective ancestry invariably convey to its offspring a taint
+disposing it towards crime? Or can it ever be ascertained that a certain
+given ancestry will certainly produce criminals?
+
+In the treatment of the subject of heredity it has been made clear that
+on account of the vicious habits of the criminal he is apt to transmit
+to his offspring a physical defect which will make it difficult for him
+to adapt himself to the conditions of the society in which he is placed.
+This difficulty becomes almost, though not quite, insurmountable when
+the environment is one in which the practice of vice and dishonesty is
+easier than that of virtue and thrift.
+
+The transmission of a taint which is a cause of criminality cannot be
+denied, but the close investigation of the criminal and of his family
+has revealed the fact that among the comparatively few criminals who are
+parents they do not all transmit a taint or defect to their offspring,
+nor among those from whom a taint has been transmitted has it
+necessarily been transmitted to every child.
+
+The "Jukes" family being the most exceptional of all cases in which
+criminal heredity may be observed can be investigated for the purposes
+of discovering the extreme affirmative which the question proposed can
+give. The answer is an emphatic no. When the "Jukes" intermarried there
+was, strange as it may seem, almost an entire absence from crime in the
+family following upon such union. When they married into other
+families, crime frequently made its appearance. This, at least, shows
+that an hereditary taint is not invariably conveyed. It may be claimed
+that it proves that, under certain conditions, such taint is conveyed;
+but in cases of this nature we do not reach our particular and exclusive
+affirmatives anything like so rapidly as we reach our particular and
+exclusive negatives. The negative is often obvious, the affirmative
+generally remote. It may be that by cross marriages the element of
+virility, necessary to maintain criminality, is sustained: but if that
+were so it would be expected that pauperism would necessarily result
+from consanguineous marriages which is not so far the case as to
+indicate cause and effect. A more plausible suggestion is that in
+consanguineous marriages there is a tendency for the family ties to be
+reunited and the family ideal restored. Such, of course, effectively
+disposes of criminality. Of the three grandsons of Ada Jukes, who were
+themselves the sons of her one illegitimate son, their family report is
+as follows:--The first was licentious, a sheep-stealer, quarrelsome, and
+an habitual drunkard. He married a disreputable woman and had several
+children. Of his seven boys, five were criminals. The second grandson
+kept a tavern and a brothel and was a thief. He married a brothel
+keeper. Of his six sons, two were criminals. The third grandson was
+industrious but occasionally intemperate. He married a woman addicted to
+the opium habit. Of his four sons, none were criminals. These are
+fairly average cases, and they, at least, affirm very distinctly that
+the criminal does not always transmit a taint to his child which will
+dispose that child towards crime.
+
+Although in the cases cited above only some 40 per cent. of the children
+were criminals, it must, however, be observed that a great deal of
+criminality goes unpunished, so that we might fix the average at 75 per
+cent. and be more exact. Of the 75 per cent. we must find out whether
+their heredity or their environment was the cause of their being
+criminal. Dugdale's observations led him to conclude that heredity is a
+latent cause which requires environment for its development. These 75
+per cent., however, will be referred to again. There being 25 per cent.
+honest and industrious, brings us face to face with a question affecting
+the morality of Dr Chapple's proposal.
+
+Since then all the children of criminal ancestry are not themselves
+criminal or likely to become criminals through an hereditary taint, can
+a proposal be accepted which would not only prevent the birth of the
+hereditary criminal, but would also prevent the birth of several persons
+who would have become good and useful citizens.
+
+Thus far only the criminal descended from a criminal ancestry has been
+considered, whereas, as was stated previously, there are a considerable
+number of criminals termed "hereditary" criminals who are descended from
+a drunken ancestry. The proportion of these is about 33 per cent. of
+the whole. The impossibility of the success of Dr Chapple's remedy is
+very apparent from the insurmountable difficulties that would be
+experienced in determining with exactitude when a person was so
+degenerate in his own system as to make it positive that his prospective
+offspring would be born a criminal defective. Uncertainty, in this
+matter, reigns supreme.
+
+There must remain then but very little support for Dr Chapple's proposal
+when we discover firstly:--that the criminal is very rarely a parent,
+and secondly:--that in every case a taint is not transmitted from parent
+to child. Its sphere of effectiveness is restricted by the very
+circumstances of the case, and even within that restricted sphere its
+operation would be most clumsy for it would prevent the birth of all a
+criminal's children, good and bad alike. Thus it would become both a
+moral and economic failure.
+
+Dr Chapple has taken it for granted that a criminal's rate of increase
+is at least equal to the average if not indeed, for certain reasons,
+considerably greater, and that he in all cases transmits an hereditary
+taint to his offspring. Then he seeks for a remedy whereby the
+transmission of this taint may be avoided and he can find none other
+than one which prevents the very possibility of the prospective child
+being born. Before coming to such a drastic conclusion enquiry might
+have been made to discover whether there might not exist a remedy which
+would be a remedy in the truest sense. That is a remedy which would,
+while it would prevent the transmission of the taint, yet it would not
+interfere with reproduction. Such a remedy would be in fact a method for
+the reformation of the criminal, for if the criminal were reformed the
+problem would be solved. If he were transformed into an honest and
+industrious man then the transmission of the criminal taint is at once
+prevented. There are some, however, who maintain that the criminal is
+incorrigible and that reformatory agencies have invariably failed. They
+look upon all attempts on behalf of the criminal as a useless
+expenditure of energy and money. This question of the possibility or
+otherwise of the reform of the criminal must now be settled before we
+can proceed further.
+
+Is the criminal incorrigible? Some criminals do not ever reform because
+they cannot. These are insane. Some do not because they will not; but
+these may. The many who pass through our gaols and show no signs of
+reform does not prove that although they may reform they never will. If
+nine hundred and ninety-nine cases were observed of men resisting reform
+it would not prove the impossibility of reforming the thousandth. It
+would point to the difficulty, the remote probability or the need of
+different methods; but it would not determine the impossibility. When
+the term "incorrigible" is applied to certain criminals it does not mean
+that these men are incapable of reform; but they are RESISTING
+reform; and no one can tell when or whether the most obstinate of these
+will surrender his will to the dictates of conscience and commence a
+life of reform. The possibility is always an open question. No better
+testimony can be brought forward than that of Mr Z. R. Brockway, late
+Superintendent of the New York State Reformatory at Elmira. Mr Brockway
+is one of the pioneers in reformatory work and is considered the
+greatest living authority upon the subject. Some 10,000 felons have
+passed through their hands. Speaking at the Fourth International Prison
+Congress held in St. Petersburg in 1890 he said:--"There is a sense in
+which nothing that lives is incapable of betterment, and so strictly
+speaking there are no incorrigible criminals. If it is possible to grasp
+the thought and cherish it, we should endeavour to discover in the very
+worst characters some spark of humanity which unites us all in ties of
+relationship, some secret soul-chambers where superhuman influences may
+find lodgment, and so with good leaven pervade the whole man; at least
+we may find in our sphere a field for most fascinating scientific
+research and experiment.
+
+"I record it as my own conviction, after nearly a lifetime spent with
+and for criminals, that alike for all, corrigible and incorrigible, the
+aim to accomplish reformation is a true one. It most surely supplies all
+possible repression upon the criminal classes in society.... The aim of
+reformations is absolutely essential to any good degree of public
+protection from crimes.... Mr F. Ammetybock, Director of the
+Penitentiary of Vridsloselille, Denmark, added:--I would not dare charge
+as incorrigible one of the 3,000 criminals who have been confided to my
+care.... During my career as a prison officer, I have seen many
+criminals who offered, humanly speaking, characteristic signs of
+incorrigibility and who now and for a long time had led respectable
+lives.... I believe that other prison officers as well as
+philanthropists, can confirm the truth of my experience, and I hope that
+many will protest against the theory of incorrigibility and place in the
+balance their experience against purely abstract ideas."
+
+On the other hand, it must be admitted that several criminologists
+emphatically declare that the "instinctive" criminal (or "born" criminal
+to use Lombroso's term) is incorrigible. Garofalo takes such a hopeless
+view of the matter as to demand his elimination by death, but none of
+these men, eminent criminologists as they may be, have studied
+reformatory science experimentally. Mr Brockway's testimony should be
+taken as final seeing that of the 12,000 felons who have passed through
+the Elmira Reformatory, 82 per cent. have reformed, i.e., have not
+returned to criminal practices. The statistics for the year 1903 are as
+follows:--
+
+  Total number of those paroled                445
+  Served well and earned absolute release      143
+  Correspondence and good conduct and
+      maintained (parole not expired)          238
+  Died, doing well until time of death           1
+  Released by Special Executive
+     Clemency, doing well                        1
+  Returned to Europe by permission               1
+                                              ----
+                                               384 or 86 per cent
+
+  Returned to Reformatory for violation
+      of parole                                 15 or 33    "
+  _Probably returned to crime._
+  Those who ceased correspondence
+      while on parole and were lost sight of    37
+  Known to have returned to crime                9
+                                                --
+                                                46 or 10    "
+
+It will be seen that while the Reformatory claims only 86 per cent. of
+reforms, there were only 9 persons (or 2 per cent. of the whole) who
+were KNOWN to have certainly returned to crime.
+
+This exhibit is conclusive. Reformatory Science, which is yet but in its
+infancy, can already deal successfully with by far the greatest
+proportion of criminals, and this success at this stage guarantees a
+much larger measure in the future. It is clear then upon the statements
+of the highest authorities that the criminal is not incorrigible, and
+that the prison (penal) system compares so unfavourably with the
+reformatory system that it ought to be abolished in favour of it. The
+system in vogue at the Elmira Reformatory will be described in a later
+chapter, and there it will be shown that the methods employed are upon a
+most scientific basis and that the results obtained cannot fail to
+satisfy the most exacting. It will be seen that by a "reformed" man is
+meant a man who can and will adapt himself to the conditions of society;
+a man sound in mind, healthy in body, industrious and honest in habit.
+Concerning this man's progeny, what have we to fear? It is in this way
+that we may dispose of the proportion of 75 per cent. of criminal
+children descended from criminal ancestry. It should here be again
+observed that the majority of criminals commence their career in crime
+at a very early age, and that therefore the reform of almost all
+criminals may be undertaken before they are likely to become parents.
+Again, true reformatory science forbids the release of any criminal from
+custody who has not given satisfactory evidence of reform.
+
+Thus reformatory science effectually guarantees society against the evil
+that Dr Chapple has proposed to eradicate, and it does it by a method
+compared with which tubo-ligature is most crude.
+
+The criminal is either set free as a reformed man or is to be kept in
+captivity because his resistance to reformatory discipline has shown him
+to be unfit to rightly use his liberty.
+
+Not only are the chances of his becoming the parent of criminally
+disposed children effectually removed but he is himself transformed from
+having a negative to having a positive social value.
+
+Dr Chapple's study convinces him that the cause of the startling
+increase of crime, insanity, and pauperism is to be found "deep down in
+biological truth. Society is breeding from defective stock." Dr Waddell,
+who writes the preface of the "Fertility of the Unfit," is so alarmed as
+to declare that "our civilization is in imminent peril of being swamped
+by the increasingly disproportionate progeny of the criminal." The most
+superficial observation of the life of the criminal would have shown
+both these writers that criminal habits militated substantially against
+the probability of a natural increase.
+
+To repeat what Féré and Havelock Ellis both emphatically declare that
+the criminal and the pauper do not reproduce their kind is but to show
+that the cause of the natural increase of the criminal is NOT
+to be found in biological truth, neither is our society in any danger of
+being swamped by an increasingly disproportionate progeny of the
+criminal. In short, society has no enemy in Nature.
+
+The true cause for the increase of the numbers of the criminal is to be
+found in sociological and not in biological truth. As Lacassagne says:
+"Society has the criminals that it deserves."
+
+Dr MacDonald, W.S. Expert in Criminology, writes to the author, "As to
+tubo-ligature, or the like, it would not be supported by scientists."
+
+If, however, there were absolutely no scientific objection to the
+proposal that the Doctor advances, if, that is, the basal facts were
+exactly he assumes them to be, would then his remedy be secure from
+attack? Most emphatically not. For is it not possible, nay with the
+present shrinking from maternity so widespread, is it not highly
+probable that the measure would be greatly abused? Thousands as the
+Doctor himself says would avail themselves of it to-morrow, and for the
+simple reason that they wish to escape from the responsibilities of
+bringing up children. Thousands would no doubt repudiate their debts
+to-morrow if they might do so with impunity, but their wish in the
+matter scarcely establishes the course as being a desirable one or one
+calculated to promote the happiness of society.
+
+From the revelations of the Birth-rate Commission and from other
+enquiries it is most evident that tubo-ligature would be very largely
+abused indeed.
+
+But it may be said that it were far better that the woman shrinking
+maternity should employ this method than that she should use the
+preventive drugs that she does. This is but to acknowledge the morality,
+or at least the necessity for the use of preventives and does nothing
+less than to charge the Deity with having made laws for the governing of
+the Natural Order which have got altogether out of hand and have
+involved His creatures in confusion.
+
+Is it not a question whether marriage becomes a necessity when children
+are to be avoided? The evil to which Dr Chapple's remedy would run, is
+one in which the moral sentiment of society would be so hardened that
+the reason for marriage would disappear from the knowledge of man.
+
+There is a great difference between this operation taking place from
+pathological reasons and its being performed simply as a deliverance
+from maternal responsibilities. In the latter case it is performed at
+the will of the woman who thus shows that she has conquered the maternal
+instinct, and as such she is a monster for she has contradicted her
+nature. Lombroso declares that these are the women that commit the most
+hideous crimes and that they are incorrigible.
+
+The Birth-rate Commissioners stated that the use of preventives was
+having a most injurious effect upon the health of the women who used
+them.
+
+Clearly then Morality and Nature are both opposed to their use.
+
+If men and women are becoming so selfish as to be determined to live
+contrary to their nature then Nature will deal with them according to
+Her terrible manner. If they are in an extremity and find that our
+social system makes it impossible for them to undertake the
+responsibilities of parentage, then the reorganization of our social
+system is a matter for urgent consideration.
+
+But Dr Chapple would only intensify the evil instead of remedying it.
+
+What he practically says is this:--Regard yourselves for the moment as
+being brute beasts and discuss the question upon that level. Murder the
+social instinct; murder the compassionate spirit; disregard the Divine
+Law and stifle all faith in the Providence of God; let the mission of
+life be the enjoyment of pleasure; shrink from the marriage that might
+be a burden, and dissolve the happy marriage should indications of
+future burdens present themselves. He would have us compelled to take
+our betrothed to a medical board and shamelessly confess ourselves.
+Confess ourselves under circumstances which would know no secrecy. He
+would have us regard our wives from the standpoint of selfishness and
+lust alone. But we are not brutes we are human, and we have instincts
+which the brutes have not.
+
+NOTE.--Dr. Chapple includes among the defectives not only the
+criminal but also the lunatic, the epileptic and the pauper. How far
+tubo-ligature would meet the cases of these defectives seems very
+uncertain. The information which the Doctor gives us, for the most part,
+is in direct opposition to him. On pages 74-76 he gives the history of
+eight families which it will repay to examine.
+
+Cases I.--Cancer, consumption and epilepsy in the family. In the third
+generation there are seven persons, of whom five married. The only
+healthy member left five children, three were childless and one who died
+at 56 left five children. That is to say, twelve children represent the
+fourth generation.
+
+Case II.--Insanity, idiocy and epilepsy. Of five persons the one sane
+member only has a family. Nine children, some (how many?) imbecile.
+
+Case III.--Drunkenness, insanity. Seven children, two died of
+convulsions. One an idiot, one a dement (suicidal), one repeatedly
+insane. These three are scarcely likely to be chosen in marriage. One
+peculiar and irritable, one nervous and depressed.
+
+Case IV.--In third generation there are two epileptics and one
+imbecile--scarcely likely to marry. Seven others are dead. (S. P.)
+
+Case V.--From an insane parent we have three children, one excitable,
+one dull and one imbecile.
+
+Case VI.--A family of mutes and scarcely relevant.
+
+Case VII.--Drunkenness, epilepsy, etc. In the third generation "family
+now extinct." No indications of tubo-ligature having been performed.
+
+Case VIII.--Apparently the issue in the second generation is from two
+parentages. There are fifteen persons accounted for. Seven died in
+infancy of convulsions. Epilepsy, scrofula, and idiocy can claim one
+each. One was drowned, and four are healthy. That is, of seven surviving
+children, four are healthy.
+
+In all from fifteen parents there is the alarming increase of fifty-six
+persons. Of these eleven are healthy, fourteen are not described,
+fourteen are defective and seventeen are dead. The total number of
+living descendants, representing no less than the third generation of
+seven families, is but thirty-nine. These figures can scarcely be quoted
+to prove the "fertility of the unfit," but that is the title that stands
+over them. As to the hereditary tendencies that they propagate, more
+information is required.
+
+It is a well known fact that in cases of hereditary defect there is a
+tendency for the defect to appear at either an earlier or later stage
+in life in each successive generation (Mercier). In the first case the
+family dies out, in the second case it recovers itself. In cases of
+congenital defect, there is very little to fear. The lunatic is locked
+up and the epileptic is avoided.
+
+Nature deals most successfully with these cases. She saves where
+possible and destroys when recovery is hopeless. Very slowly perhaps,
+but very exactly--never making a mistake, and in her slowness she is but
+giving man an opportunity to contribute something towards the recovery
+she aims at.
+
+=The Case of the Epileptic.=--The number of epileptics in whom the
+disease may be traced to hereditary causes is estimated to be about 33
+per cent. of the whole. This is indeed a very large percentage. It does
+not, however, follow that in all the cases or in by any means a large
+proportion of them, the parents were also epileptics. Authorities are
+not agreed as to the influence of heredity as a predisposing cause; but
+it is recognised by all that the children of insane, neurotic,
+hysterical or neuralgic parents are liable to become epileptics. Also
+that alcoholism in the parents conveys a predisposition to the child.
+The hereditary cases are therefore to be divided amongst all these
+causes. In what proportion it would be difficult to estimate; but very
+few persons in whom epilepsy has developed marry, and as 75 per cent. of
+the cases are said to begin under the age of 20 years, and very few
+after 25 years (cases of hereditary epilepsy have been known to develop
+at so late an age as 65 and 70 years) it limits the number of
+epileptics who marry to a very narrow margin. For even these few,
+marriage should, however, be entirely out of the question. In cases,
+where from syphilis or shock epilepsy is developed in the married adult
+we should expect to find treatment imposing a restriction upon the
+freedom of the patient somewhat similar to that provided for lunatics.
+In almost every rank of society the developed epileptic would be
+excluded from marriage by the law of sexual selection, and as the great
+majority develop epilepsy before coming to a marriageable age, few
+epileptic children can claim a developed epileptic ancestry.
+
+The number of cases, where epilepsy results from an epileptic ancestry,
+is estimated by Sir Wm. Gowers at 22 per cent. of the whole. These cases
+are to be distributed between the developed form and the petit mal. As
+the petit mal often escapes observation Dr Chapple's method would only
+apply to those cases of the marriage of persons who were afflicted with
+the major form of epilepsy, which means that perhaps not more than 10
+per cent. of the number of epileptics could be prevented from coming to
+birth. If a ten per centum reduction is to be considered as solving the
+problem in the case of epileptics what will the 86 per cent. of reforms
+among criminals be valued at?
+
+=The Case of the Pauper.=--Paupers may be divided into two classes,
+those whose poverty is due to misfortunes and those whose poverty is due
+to vicious idleness. Those whose poverty is due to drink or crime are
+not properly to be classified as paupers. Society regards them as
+primarily drunkards and criminals. Of these two classes the first are
+generally to be found making a courageous fight against adverse
+circumstances and feel their position keenly. They are deserving of the
+compassion of society. Their families, it is true, are a burden upon
+private and institutional charity, but only a temporary one and after a
+while become the very means of recovering the broken fortunes of their
+parents. Very large sums are spent in relieving the necessities (often
+in providing the luxuries) of the undeserving poor, but this fact should
+not be made the basis of a charge against the deserving but helpless
+poor. My own acquaintance with the poorest parts of one of our largest
+cities leads me to believe that very little charity ever reaches the
+truly deserving poor. They battle on and keep their sad condition as far
+from public observation as possible. The undeserving are very clamorous.
+These two incidents are by no means uncommon, they are fairly typical.
+(a) I was called one night to baptise a dying child. The mother stated
+that she was too poor to buy a few necessaries ordered by the doctor. I
+purchased these myself and brought them to the mother. The next morning
+she sent to say the child was dead and would I lend her money to wire to
+the father. As he was in work I thought a collect telegram was more
+suitable. In the evening a request came for monetary assistance to
+provide the child with a coffin and to purchase a plot in the cemetery.
+A clergyman who does that sort of thing might as well keep a private
+cemetery, undertaker and monumental mason of his own. I refused to do it
+and came in for a good deal of abuse. The mother appeared at the funeral
+in a new black silk dress!
+
+(b) A crippled woman who earned her living by ironing. She made on an
+average 10s per week. I suggested to her the advisability of applying
+for an old age pension and proceeded to fill in her papers. When she
+discovered that she was two months under the age of 65 she was horrified
+at what she thought an attempt on her part to swindle the Government.
+
+These cases speak for themselves. People seem afraid to refuse to give
+alms for fear of being called uncharitable, yet they have not the
+charity to investigate the cases brought before their notice and see
+that their relief is intelligently bestowed upon worthy persons. Some
+religious societies are cruel sinners in this respect. The consequence
+is that a premium is put upon professional begging and we have plenty of
+it. Society will never murmur against the burden of the deserving poor.
+Concerning the life of the poor, however, Korosi gives these
+statistics:--The average age of the rich is 35 years, of the well-to-do
+20.6 years, of the poor only 13.2 years. These statistics are supposed
+to hold good for all large towns. The average life of the pauper (that
+is the vicious pauper) will be shorter still seeing that in his idle,
+vicious life the parent refuses to acknowledge his responsibilities
+towards his children and makes no effort to save them from perishing
+through want and proper healthful conditions. The numbers of the pauper
+may increase, but it is seen then that they do not live to any great
+length of life. The pauper has, however, a certain rate of increase and
+his children are brought up in pauper habits. To the criminal population
+they add about 2 per cent. of the whole. They constitute a burden, not
+very great, but one which society resents. To adopt tubo-ligature might
+relieve both society and the pauper, but its moral effect would be that
+the pauper would regard his vice as acknowledged and approved by
+society. To say that there are no other remedies, remedies which would
+compel the pauper to earn his living, is an appalling confession of
+failure on the part of society.
+
+
+
+
+Chapter VI.
+
+THE OBLIGATIONS OF SOCIETY TOWARDS THE WEAK.
+
+
+The last century is admittedly one in which was witnessed the greatest
+advances in civilization that the world has ever made. All classes in
+society may be said to have benefited. The rich have been given greater
+opportunities for the enjoyment of their riches and an enlarged sphere
+of usefulness opened to them. The poor have had their lot so greatly
+ameliorated, that given health, very few men in these colonies at all
+events, are poor except it be their own fault. The art of healing can
+now restore to health millions who, had they lived in an earlier
+century, would have suffered agonies. A universal education has opened
+the doors of colleges and universities and made it possible for those
+born in the humblest conditions of life, to attain to the most
+distinguished positions in the land. The private has become the general;
+the office boy the judge; the peasant boy the President; the
+full-blooded aboriginal has graduated through our universities and been
+called to the Bar; and no man can urge class distinction as being the
+cause of his failure in any ambition that he has faithfully pursued. All
+classes have benefited; almost all classes have advanced.
+
+Undeniably this advance has brought greater happiness into the world;
+whether it will continue will entirely depend upon what basis it is
+intended to secure this advance.
+
+With an increase of wealth and leisure there is the danger of
+demoralisation. Our society may substitute a false aim for its true one.
+Already there are an illimitable number of social reformers who are
+prepared to describe in very definite terms what is the state of
+perfected society and what laws are necessary for immediate enactment in
+order that we might rapidly reach that state. We all acknowledge the
+existence of the prophetic vision, but we limit its range and regard him
+most audacious who declares that he can describe the heaven in which
+society shall finally shelter itself securely from all that prey upon
+her. Advance as quickly as we may, there is a limit to our speed, and
+the future being all unknown we scarcely like to take it at a plunge.
+Nevertheless, these social reformers do a good work--their schemes are
+at least suggestive, and moreover they point out signs of the times.
+They show us unmistakably that with our advance there is a tendency to
+become more and more selfish and to regard with less true charity the
+condition of the weak. One social reformer will say that there will not
+be any suffering because therapeutics will have overtaken every disease
+that the flesh is heir to, or better still, that some new discovery will
+have made it possible to heal all sicknesses without the tedious work of
+surgeons and nurses. Healing will become a pastime like table-turning.
+Neither will there be any criminals because the whole social state will
+be so happy, contented, and knit together that inducement to crime will
+cease. Others will treat the criminal "scientifically," ensuring reforms
+at the rate of 100 per cent. with lightning-like rapidity. Which all
+practically amounts to this, that the problem concerning the future of
+the weak is shelved. To study it deeply would spoil our best theories
+and therefore it must be got rid of. Dr Chapple has done nothing more
+than shelve it, for as we have seen his remedy is both practically and
+morally impossible. Like all others it betrays the selfish spirit. Like
+them it regards the weak as if they were nothing less than an
+intolerable incubus on society, a grit in its bearings. It may be that
+our social advancement will account for this. In old time when
+communities were small and fixed, the burden of nursing the helpless
+necessarily fell upon those who were immediately related by ties of
+blood or neighbourhood, but now the many changes in the method of living
+and treatment, has made this to a large extent impossible. Institutions
+have everywhere sprung up, and it is invariably to the advantage of our
+sick and afflicted that we should commit them to these institutions,
+which practice has engendered the belief that all our social obligations
+can be discharged by monetary payment. Not for one moment need we
+entertain the idea that this belief will ever become a dominating one.
+Charitable influences are more powerful. Nor must we charge the authors
+of selfish systems with being as uncharitable as their systems. They
+give expression to a fairly strong and somewhat universal sentiment, a
+sentiment which we would perhaps disown at once upon its being unmasked
+and which many refuse to obey upon its appeal to them to act in
+accordance with its principles. This indicates that society sees many of
+its assailants in but a half-light. It observes neither their malice nor
+strength but only a dark ugly form which irritates us and which we would
+if we could banish by an act of will.
+
+This being impossible we must meet our assailants in a clearer light and
+destroy them. How can this be done, since it would mean the destruction
+of evil and the powers of evil? Then it cannot be done, but since evil
+feeds itself upon its victims we can greatly diminish its power and
+influence by rescuing all who fall within its grasp. Many we know we
+cannot rescue for there are certain types of disease mental and bodily
+which defy our skill and some of all types of moral disease also defy
+our effort. Still it would be better to say that we do not rescue them,
+than that we cannot, for what was incurable yesterday is curable to-day,
+and the most deadly diseases are giving clear evidence that their powers
+to baffle science are fast giving out. That they will give out,
+scientific men confidently hope. Neither is this hope groundless for
+past success warrant it and there again point to another assurance,
+almost a guarantee. The miracles of healing which Our Lord wrought were
+not only to confer relief upon the suffering, not only to give evidence
+of His Divinity, but also to promise the triumph which would reward the
+efforts of man seeking to assist his afflicted brother. We will never
+heal by a word, neither will we raise the dead, for in these works of
+might we have peculiar evidence of the Divine Providence; but Christ's
+miracles seem to promise that He, the Light of the World, will yet grant
+the fullness of that illumination by which the works of healing are
+done.
+
+The sick, it is true, receive greater compassion from their fellowmen
+than the abnormal, the insane and the criminal. But these latter also
+demand our consideration if for no other reason than that they menace
+society. To exterminate them is impossible. A persecution with that end
+would defeat itself, and the persecutors would become morally infinitely
+worse than the persecuted.
+
+Secondly: their consideration is demanded from the fact that society has
+produced the evil plight of very many of them. In the great advance,
+they have fallen and been trampled on. Their right to fall may be
+denied, but whose right was it to trample on them? To declare it to have
+been inevitable that they should be trampled on, simply excuses guilt
+but not obligation. And the obligation is to make reparation as far as
+possible.
+
+Thirdly: because what should be a valuable asset to society,
+contributing substantially to her strength, becomes a hostile power
+weakening her and hindering her progress. Any of these three
+considerations received separately is sufficient to convince us of our
+obligations to this uglier section of the weak, when combined their
+force is very great. But when we speak to them of peace do they not make
+them ready to battle? No, their case is not so hopeless as that. David
+lived under the Mosaic Dispensation, and Moses could give but the law
+whereas Christ has given His Life. Our method will determine everything.
+Good advice, good books, good laws will do but little; good work will
+accomplish all. "The greatest good of the greatest number" is a false
+ideal and absolutely unworthy either of our charity or our science. "The
+ultimate good of all" is the end society is destined to accomplish, and
+anything less is too little for her, anything more is impossible even to
+conceive.
+
+In working towards this ideal, which we cannot describe with greater
+definiteness, we are bound to recognise that GOODNESS is our
+safe and only guide. The general direction of our advance in the past we
+can easily trace, but the purpose of the devious paths through which we
+were led is too difficult to understand. Our present puzzles us, our
+future sometimes appals us. Some rush ahead to see what lies before us
+and come back injured and pass away as pessimists, others hesitate to
+advance at all. We cannot outstrip our guiding pillar of light; but
+following it we are safe to advance. And in following, one of the first
+convictions that comes home to us is that we must allow no waste,
+neither in the lives of others nor in the energies of ourselves. With
+this conviction soon comes the startling fact that the energies we are
+allowing to waste are identically those which were given to us to save
+the lives of others which are wasting. A wonderful independence exists
+among us. The social system is bound together by ties of nature, and not
+merely by those of commerce or benefit. Man is social, not merely
+gregarious. He enters into the life of his fellow-man and establishes
+relations which we are bound to call spiritual. Through the media of
+these relations, influences traverse which are of the most profound we
+know. These relations when established compel us to acknowledge our
+duties to one another and give us a delight in discharging them. This
+delight in turn becomes the power, which opens the eyes to the
+realization of the great principle of self-sacrifice. Egoism and
+altruism are not to be mutually exclusive. To seek our own happiness is
+not to be indifferent to the happiness of society. For what is
+happiness? not pleasure, but self-realization, and we cannot realise
+self without realising society.
+
+This interdependence which exists between man and man, and which makes
+it possible for us to influence one another so powerfully for good or
+for evil, points out to us that the true aim of every man, namely, to
+unite his work with that of his fellow-man in a grand co-operative
+undertaking for the advancement and betterment of society regarded as a
+whole and with regard for its units. We cannot realise self if engaged
+in competition man against man in order to satisfy private ambition. Our
+object should be to unite and our hostility be provoked, not against one
+another, weak or strong, but against the powers which attack us
+individually and collectively.
+
+Necessity then lays the obligation upon us to give our first attention
+to the rescue of the weak. It was the recognition of this obligation
+which sent the Christian-Maidens into the suburbs of Rome seeking the
+exposed offspring of unnatural parents. To say that they would have been
+better dead, is to speak with that facility which requires neither
+mental nor moral perception.
+
+It is the recognition, in part, of this obligation which accounts for
+hospitals, asylums and other charitable institutions. Hence also we
+endeavour to shelter those born deficient in mental or moral power. Dr
+Chapple seems to think that the result of all this is that we have made
+a pretty mess of society. He says, of these weaklings, that Nature has
+decreed that they should die. A most unscientific statement. Are these
+charitable efforts to be regarded as profane interference with the
+sacred decrees of Nature? Nature's decrees are inviolate and none can
+disturb them. Because these weak, if left unaided, would perish, is that
+to say that Nature has decreed that they should die? If so, we must say
+of a man, stricken with typhoid fever, that Nature has decreed that he
+should die, and that any effort to save him would be but a profane
+interference on our part with Nature.
+
+  What does Nature say of these that
+            they do not live,
+            they cannot live, or
+            they must not live?
+
+History has shown that in the past they do not live.
+
+But in order to discover the decree of Nature we must make a full and
+exhaustive enquiry into the possibilities which exist under the laws of
+Nature. So far as this enquiry has advanced it has been made quite clear
+that the charitable effort of man will recover many that would otherwise
+perish. The whole science of therapeutics is based upon this discovery.
+
+Dr Chapple says of defectives that they do live but that they must not.
+Two arguments he brings forward. The first is that Nature has decreed
+that they should not. This must be a secret communication, for it is not
+universal knowledge, and the operation of Nature's laws certainly
+appears to contradict it. The second argument is that they are a burden.
+The burden analysed amounts to this:--
+
+  (a). They are a misery to themselves.
+  (b). They are too costly.
+  (c). They hinder the progress of society.
+  (d). They threaten to overwhelm society.
+
+(a). Who can tell whether the weak are absolutely a misery to
+themselves. Pain is a mystery which cannot be solved, although to the
+suffering its benefits are well known. If they would be better out of
+the way might they not be left to decide that matter for themselves?
+They, knowing best, cry to us for help. If we were merely gregarious
+creatures like wolves or sharks we would tear or destroy them in their
+misery; but as social beings we are bound to answer their cry. To cry
+for help is instinctive with them, and to respond to the cry is
+instinctive with us. Surely this is the voice of Nature and this is the
+decree of Nature.
+
+(b). If this argument be admitted then we are bound to declare that the
+one aim of both society and individual is to amass wealth. The idea is
+too sordid for further consideration.
+
+(c). So far from hindering the social progress they most powerfully
+assist it. The mere bearing of one another's burdens has the most
+refining and deepening influence upon character. It is most active in
+creating and establishing our relations one with another. Compassion for
+the suffering creates a tie between them and us. The intention to help
+requires our co-operation with others, and so the bond extends uniting
+first individuals then groups and then the whole of society. Nor must we
+forget the immense advance in surgery and medicine which is due entirely
+to the consideration of the lot of the apparently hopeless. Had these
+even been allowed to perish we should still have needed our surgeons and
+physicians in a well equipped society, if only to teach us how to
+prevent seizure by dangerous complaints.
+
+A short time ago many died from ailments which surgery can to-day cure
+with but very little suffering on the part of the patient. Is not this a
+substantial gain which the bearing of the burden of the weak has brought
+to man? To mention other triumphs is but to enlarge. If therefore Nature
+has spoken there can be no doubt that it was to give a promise that she
+would reward diligent research by revealing the cure of all the ills our
+flesh inherits. Thus assured, scientific men are most zealously studying
+the most deadly and most obstinate diseases. Against plague, smallpox,
+and consumption they can at least give us an effective protection, and
+almost hourly we expect to hear the shout of triumph accompanying the
+announcement that the victory over cancer has been gained. When stricken
+with these diseases we immediately fall into the ranks of the unfit; but
+we will thank society for having borne its burden when the healing art
+is brought to such an excellence that, when so stricken, we may soon be
+restored to the ranks of the fit. The benefit which the past confers
+upon us declares imperatively our obligation to the future.
+
+(d). Do they threaten to overwhelm? The power of disease is being
+overcome, and therefore the number of the diseased is being lessened. By
+being cured, instead of dying, these increase the proportion of the
+strong to the weak. The obstinacy of certain hereditary diseases but
+asserts the necessity of prosecuting study more enthusiastically.
+
+But if the strong limit their increase they cannot demand that
+exterminating methods should be applied to the weak in order to restore
+the proportion which they, the strong, have thus by their selfishness
+disturbed. Nature gives adequate protection so far as numerical increase
+is concerned, and no scientific man will dare to state that this
+protection may be disregarded and another demanded.
+
+The Government of India has been charged with pursuing a suicidal policy
+in safeguarding the natives against plague and smallpox and in
+preventing human sacrifice. Their numbers will increase, food supplies
+will give out, or, worst of all, they may become so powerful as to wrest
+the supremacy from the European. Charity, however, demands that these
+measures shall be taken, and the terrors of the future are at best
+hypothetical. This is but another case in which consideration for the
+unknown future is apt to hinder us in the discharge of our known duties
+to the present. History assures us that the guarantee of the future lies
+in the fulfilment of these duties. The height of absurdity is reached
+when the attempt is made to establish the proportions of the future.
+Such efforts defy man.
+
+The burden of the weak is the burden of the strong, and in the bearing
+of it is brought into view the grand and true ideal of society--the good
+of all.
+
+Man is endowed with natural powers for assisting his weaker brother,
+and, above all these powers he has, through supplication the means of
+engaging the Divine Influence, which simply defies all calculation
+against the possibility of reform or recovery.
+
+Where charitable effort in the past has not succeeded it is because it
+has not gone far enough. Building institutions is sometimes due to a
+craze and not charity. Thus evils are sometimes accentuated and not
+mitigated. Such failures must spur to redoubled effort. Hope was never
+larger than at present.
+
+
+
+
+Chapter VII.
+
+THE NEW PENOLOGY.
+
+
+The old method of dealing with criminals was based entirely upon a
+doctrine of vengeance. The criminal was regarded as being in every way a
+normal man, a man who deliberately chose to be a criminal. The
+possibility of a criminal's moral sense being defective, of his not
+being able to bring his actions under the control of his will, or of
+some other sad handicap existing, was never contemplated. His crime was
+looked upon as a desperate act, for the committal of which he was
+absolutely without any excuse. The consequence was that an elaborate
+system of torture was devised in order to deal with him. Readers who are
+familiar with such books as Marcus Clark's "For the term of his natural
+life," and Charles Reade's "It is never too late to mend," will require
+no further description of the horrors of "the vengeance system" which
+was supposed to be the only rational method of dealing with criminals in
+the days of the convict settlements.
+
+Since then, popular vengeance has considerably relaxed and the devising
+of painful forms of punishment has become almost a lost art. The
+new-born science, with its first powers of articulation, loudly repeat
+the words of Revelation, "Vengeance is mine, I will repay, saith the
+Lord." A system of vengeance instituted by man against man is
+impossible. As has been stated in a previous chapter, the new penology
+repudiates all such systems. The amount of pain which an individual is
+to be called upon to suffer may well be left to the higher tribunal. The
+obvious duty of man to his fellow-man who is depraved, is to endeavour
+to recover him. There is no satisfaction in punishing him, but there is
+every satisfaction in reforming him.
+
+The new penology covers the investigation and study of every
+circumstance surrounding the criminal as such. No circumstance is so
+trifling as to be passed by, every detail is carefully studied with the
+object of discovering what the criminal is and how he came to be such,
+what are his possibilities, and by what methods those possibilities may
+be reached.
+
+Maconochie ventured upon the bold assumption that the criminal was a
+human being, and this assumption proved to be justified. In 1840 he was
+sent to Norfolk Island to take charge of 1400 double-convicted felons
+there. He describes them in these words:--"For the merest trifle they
+were flogged, ironed or confined in gaol for days on bread and water.
+The offences most severely punished were chiefly conventional; those
+against morals being little regarded, compared with those against
+unreasonable discipline. Thus the horrid vices with acts of brutal
+violence, or of dexterity in theft and robbery, were detailed to me by
+the officers with little direct censure, and rather as anecdotes
+calculated to astonish and amuse a new-comer. While the possession of a
+pipe, a newspaper, a little tea, etc., or the omission of some mark of
+respect, a saucy look or word, or even an imputation of sullenness, were
+deemed unpardonable offences. They were fed more like hogs than like
+men; neither knives, forks, nor hardly any other conveniences were
+allowed at tables. They tore their food with their fingers and teeth,
+and drank out of water buckets. The men's countenances reflected
+faithfully this description of treatment. A more demoniacal looking
+assemblage could not be imagined; and nearly the most formidable sight I
+ever beheld was the sea of faces upturned to me when I first addressed
+them. Yet three years after, I had the satisfaction of hearing Sir
+George Gipps ask me what I had done to make the men look so well?--he
+had seldom seen a better looking set."
+
+Maconochie had invented the mark system (the principle of the
+indeterminate system) and made the prisoners' liberation depend upon
+their conduct and character and not upon the original offence.
+Maconochie's experience led him to write in after years to a friend, "if
+you would try a social-moral one (prison system) you would soon get
+important results. If our punishments were first of all made
+REFORMATORY, and generally successful in this object the
+prejudices of society against the early criminal would abate." Inspired
+with this hope of reforming the criminal and restoring him to society
+as a useful member, philanthropists began the exhaustive study of the
+criminal. In prisons where the value of this science is recognized the
+criminal upon his entry is subject to a most thorough examination, every
+item of his family history is carefully enquired into. Information
+concerning the occupation, education, health and character of all who
+are nearly related to him is obtained, as also the moral and economic
+conditions of his home life, and the character of his associates. He
+himself is studied for the existence or traces of disease; for
+abnormalities, arrested or exaggerated physical and mental development.
+The strength of his various muscles, the vitality of his organs, his
+mental and nervous capacity, and his moral susceptibility are all
+estimated. His powers of self-control are determined. His disposition is
+carefully studied. His opportunities in life, his educational
+advantages, his early career, the nature of the crime, the immediate
+influencing circumstances, as provocation, hunger, cold, atmospheric
+disturbances are all noted.
+
+Such is a brief outline of the examination, the object of which is to
+discover as far as possible the real cause which led to the crime, what,
+if any, were the social, physical, psychical and provocative elements
+contributing to the cause; what their value; and what are the most
+promising lines upon which the criminal's reform may be directed. He is
+by no means regarded as a passive product of forces over which he has no
+control, nor his crime as the consequence of himself. It is essential
+to the success of all reformatory discipline that moral responsibility
+must be recognised and observed. In fact it may be said, that
+reformation is complete when moral responsibility, insisted upon by the
+discipline, becomes at last acknowledged by the man.
+
+Perhaps it may be thought that it is not possible to conduct such a
+study with anything like accurate results, and that the greater part of
+it would be mere guess work, as e.g. the determining the capacity of
+a man's nervous system or his degree of moral susceptibility. This is
+quite a mistake. There is nothing whatever of a speculative quality in
+the results advanced by criminologists. Their methods are exact and
+compare equally with those for the investigation of other phenomena.
+
+It is not claimed that the absolute or the relative value of the data
+collected is as yet determined, nor yet that any one investigation has
+been exhausted; but this much can be claimed, that the results obtained
+are of high practical worth and justify the assurance that the solution
+of the problem concerning the criminal will soon be reached.
+
+
+
+
+Chapter VIII.
+
+THE PREVENTION OF CRIME.
+
+
+The result of Criminological studies has indicated most clearly that no
+measures for the prevention or repression of crime will ever be adequate
+which are not based upon a scientific system of education. Whatever this
+system may prove to be, it must have one distinct aim, and that is to
+train all its members to love, and to work for, the social state. This
+aim must be accomplished most thoroughly no matter what the cost may be.
+
+The decreasing birth-rate points to other conclusions than the obvious
+one that a large number of persons must be using preventive means. It
+points to a widespread selfishness which regards children as an
+intolerable burden, as in fact nothing less than a grievous misfortune.
+It is obvious that where children are so regarded a blight has fallen
+upon the domestic life. Home cannot be the brightest spot on earth to
+them; neither can the father and mother be their sympathetic guides,
+counsellors, and protectors. Nor can those children be studied (by those
+who alone have the special faculty for studying them) in order that
+their secret aims and ambitions and the difficulties which obstruct
+these aims and ambitions, may be understood.
+
+It follows then that from parental selfishness a great number (and close
+observation leads one to believe that by far the greater proportion) of
+the children of this generation and in this colony, are growing up with
+less care and attention being bestowed upon them than what their parents
+are prepared to bestow upon even their very horses or their dogs. This
+factor of parental selfishness cannot be ignored either academically or
+practically. It must in some way be overcome, or at least its influence
+for harm must be considerably reduced.
+
+It would be interesting to discover how far this parental selfishness
+was a deviation from true parental pride. Possibly it may not be so very
+great as the vast difference in results may lead us to suppose, and if
+this be so the reorganisation of the child's educational system will not
+be insuperably difficult.
+
+In many homes where there are more than two or three children, there is
+a total lack of domestic sympathy and pride. The children are not taught
+to love one another nor to understand and help one another. Adult
+influence is very seldom brought to bear upon them, and, worst of all,
+parental influence is either wanting, deficient or injurious. What
+children suffer from this want in the development in their natures must
+of necessity be, and it unquestionably is, sufficient to handicap them
+throughout their whole life. Parents profess that they have done their
+best with this or that child and that they have failed, but the fault
+largely lies in the parents undertaking the task with every expectation
+of failure, and the chief characteristics noticed by the child have been
+the parental irritability, impatience and incompetence. Having estimated
+these the child then knows exactly how to gain its own ends and has
+sufficient determination to persevere until it does. A certain amount of
+harsh treatment will suffice, until the child is old enough to rebel, in
+order to keep it in check, or, as is just as often the case, the child
+may be allowed to have its own way entirely. Under such circumstances it
+is not a matter of great wonderment that the child should be looked upon
+as a burden to be fed, clothed, and tolerated until it is old enough to
+"do something" for itself.
+
+But our school system is also at fault, for by it our children are
+crammed with an amount of information the whole, or even the greater
+part, of which very few of them will ever use. Imagine the object, if
+one can, of spending the precious hours of a child's educational life in
+teaching it the names of every dozen or so of the different towns of
+each county in the United Kingdom, and at the same time entirely
+neglecting its moral training and giving very little attention to the
+physical.
+
+If a child be bright he has every consideration from his teachers and
+receives from his companions the opprobious nickname of "Teacher's Pet."
+He gains a reward, perhaps a medal, and at the annual distribution of
+prizes the speech-makers point to the coming legislators and successful
+men of business in a manner which conveys to this scholar the idea that
+the one thing to live for is to gain an exalted position in the world.
+This would not be so bad in itself, were it not that the love for honest
+labour is not inculcated at the same time, and consequently the children
+imagine that they are going to be pitchforked into prominence. As an
+evidence, witness the speculative spirit so universal among our youth.
+They hope to make their way in life simply by "striking it lucky."
+Personally I have spoken to a large number of boys about the ages of
+from fourteen to sixteen years and I have never yet been able to find a
+boy who could tell me definitely what he would like to be. His father
+looks about for something for him to do without any knowledge of the
+boy's possibility of greatest success lying in one well marked
+direction. The boy remains in a billet only so long as he fails to get
+another with a greater wage attached to it, and when perhaps twenty
+years of age are reached he is conscious of where the true lines of his
+destiny lie; but it is then too late for him to begin the necessary
+education, and the consequence is that his life loses its inspiration.
+Now it is quite possible that if our school system were so reorganised
+that parents saw as a result that their children developed a true love
+for labour and worked with definite purpose, that they would take a more
+intense pride in them and enter more sympathetically into their labours
+and ambitions. The education of the child would thus be brought to react
+upon the parent and tend immediately to reorganise the domestic life
+and bring it closer to the Hebrew conception, which conception when
+realised would most thoroughly solve the problem of the moral
+regeneration of the race. It is impossible for the State to have to
+commence to educate the parent except by reactionary methods and by
+compelling the observance of all legitimate obligations. That our
+present school system does not react favourably upon the parent must be
+obvious from what has already been said. In the past when only the
+fortunate few were able to secure the advantages of a good education,
+they, for the most part, recognised the greatness of their opportunity
+and prosecuted their studies with zeal. But to-day, with an universal
+educational system the value of these opportunities is, by the child and
+sometimes by the parent, very much lost sight of. The child needs now a
+stimulant, something to arouse and sustain his interest in his work. He
+should learn to regard his school work with pleasure and his home with
+affection.
+
+The three principal standpoints from which education is regarded
+are:--(a) the utilitarian, (b) the disciplinarian, and (c) a compromise
+between the two.
+
+The Utilitarians consider that an educational system should store the
+mind of the child with such knowledge only as shall be of direct value
+to it in its after life. The disciplinarians consider that a child's
+education should content itself with so developing the faculties that
+when matured they may be adequate for such mental tasks as the after
+life or vocation may provide. The middle course is held by those who
+endeavour to train the faculties of the child in the manner prescribed
+by the disciplinarians, but in so doing, they employ the mind upon
+exercises, the accomplishment of which, is of immediate and permanent
+value.
+
+The education system in New Zealand is constructed upon the utilitarian
+basis. The children's minds are crammed with knowledge--USEFUL
+knowledge let it be called--and they are encouraged to be diligent
+because of the great benefit this knowledge will be to them when they
+become men and women--which development the child of eight expects will
+be attained sometime before the end of the world, and will then come by
+chance. The reward of the child's labour is thrown into the far distant
+future, and is so entirely lost sight of as an inspiring factor, that
+artificial rewards have to be provided and the child ponders over his
+lessons in the hope of winning one of Ballantyne's or Henty's "Books for
+Boys."
+
+Now, the facts of a child's life demonstrate conclusively that the child
+is capable of having all its interests absorbed in its work. The
+diligence with which it will build up a doll's house out of a soap box,
+a jam tin, a few stones and any odds and ends that it can lay its hands
+on, is sufficient evidence of this. The child loves to make things for
+itself, and its affection for the rude creations of its own mind is far
+greater than that for its most gorgeous and expensive toys. Upon the
+recognition of these facts, the kindergarten system is based.
+
+In Sweden a very successful attempt has been made to construct the whole
+of the primary system upon this basis, and for this purpose Sloyd has
+been introduced into the schools. Certain Sloyd exercises have made
+their appearance in our New Zealand schools and have met with somewhat
+severe criticism, the whole system being condemned as being ideal
+theoretically, but valueless practically. It took many years before the
+Swedish system was perfected, and it should follow obviously that a very
+partial experiment, such as the colonial one has been, gives no idea of
+what value the complete system may achieve.
+
+By Sloyd, we understand a system of educational hand-work. The children
+are employed upon various kinds of hand craft with the object of
+developing their mental, moral, and physical powers. The object is
+NOT to make artisans of the children, although undoubtedly
+those children who afterwards become tradesmen find that the educational
+principles of their trade has already been grasped by the intellect, but
+the same will apply to those entering any legitimate vocation without
+exception.
+
+Although there are many different kinds of Sloyd, woodwork has been
+discovered to be the most useful, and it alone survives the severe tests
+imposed. A glance at the accompanying table will explain what is meant.
+
+COMPARATIVE TABLE OF DIFFERENT KINDS OF SLOYD.
+
+Key:
+A - Does it accord with children's capability?
+B - Does it excite and sustain interest?
+C - Are the objects made useful?
+D - Does it give a respect for rough work?
+E - Does it train in order and exactness?
+F - Does it allow cleanliness and neatness?
+G - Does it cultivate the sense of form?
+H - Is it beneficial from an hygienic point of view?
+I - Does it allow methodical arrangement?
+J - Does it teach dexterity of hand?
+------------------+--------+--------+---------+--------+-----------+
+Branches of Sloyd.|   A    |   B    |    C    |   D    |    E      |
+------------------+--------+--------+---------+--------+-----------+
+                  |        |        |         |        |           |
+Simple Metal Work |Yes & No|Yes     |Yes      |Yes     |Yes & no   |
+Smith's Work      |No      |Hardly  |Tolerably|Yes     |No         |
+Basket Making     |No      |Hardly  |Tolerably|Yes     |No         |
+Straw Plaiting    |Yes     |Yes?    |Yes      |Yes & no|Yes        |
+Brush Making      |No?     |Yes??   |Yes      |Yes?    |Tolerably  |
+House Painting    |No      |No      |Yes & no |Yes     |No         |
+Fretwork          |Yes?    |No & yes|No & yes |No      |Yes        |
+                  |        |        |   Yes   |        |           |
+Bookbinding       |No      |No & yes|Tolerably|Hardly  |Tolerably  |
+                  |        |        |         |        |   Yes     |
+Card-board Work   |Yes & no|Yes?    |Yes      |No      |very high  |
+Sloyd Carpentry   |Yes     |Yes     |Yes      |Yes?    |Yes        |
+                  |        |        |         |        |partly (not|
+Turnery           |No      |Yes     |Yes?     |Hardly  |quite No)  |
+Carving in Wood   |Yes?    |Yes & no|Yes & no |No      |Yes        |
+Clay Modelling    |Yes     |Yes     |No       |No      |Yes & no   |
+------------------+--------+--------+---------+--------+-----------+
+                         From "Theory of Sloyd," Salomon.
+
+Table continued
+
+------------------+---------+--------+--------+--------+---------
+Branches of Sloyd.|    F    |    G   |   H    |    I   |    J
+------------------+---------+--------+--------+--------+---------
+                  |Tolerably|        |        |        |
+Simple Metal Work |    No   |Yes     |Yes?    |Yes     |Yes
+Smith's Work      |No       |No?     |Yes & no|Perhaps |No
+Basket Making     |Yes?     |No      |No      |No      |No
+Straw Plaiting    |No & yes |No?     |No      |Yes     |No
+Brush Making      |Yes      |No      |No      |No      |No
+House Painting    |No       |No      |No      |No      |No
+Fretwork          |Yes      |No & yes|No      |No & yes|No
+                  |         |        |        |        |
+Bookbinding       |Yes?     |No      |No?     |Perhaps |Tolerably
+                  |         |        |        |        |
+Card-board Work   |Yes      |Yes?    |No      |Yes     |No?
+Sloyd Carpentry   |Yes      |Yes     |Yes?    |Yes     |Yes
+                  |         |        |        |        |
+Turnery           |Yes?     |Yes     |No      |No      |No
+Carving in Wood   |Yes      |Yes & no|No      |Yes     |No
+Clay Modelling    |No       |Yes     |No      |Yes     |No
+------------------+---------+--------+--------+--------+---------
+
+
+The objects of Sloyd are:--(a) to instil a taste for, and love of,
+labour in general.
+
+NOTE.--(For this analysis of the Sloyd system the author has
+based his study upon Herr Salomon's works "The theory of educational
+Sloyd" and "The Teacher's hand book of Sloyd.")
+
+Children love to make things for themselves and prize their own work
+much more than ready made articles. The educator should follow Nature's
+lead and satisfy this craving. By a skilful direction of the child's
+interest a love for labour in general is instilled, and rewards are
+found to be unnecessary, the children being only too eager to achieve.
+To sustain their interest in the work they are engaged upon must be
+useful from THEIR OWN STANDPOINT. The work should not be
+preceded by fatiguing exercises, but the first cut should be a stroke
+towards the accomplishment of the desired end. The exercise must afford
+variety. The entire work of the exercise must be within their power and
+not requiring the aid of the teacher to "finish it off." It must be real
+work and not a pretence; and the objects should become the property of
+the children. To give children intricate joints to cut is of no real
+value. The child has no genuine interest in what are simply the parts of
+an exercise, it must make something complete and useful in itself. To
+make a garden stick accurate according to model is of more value than to
+make the most intricate joint. One may say that the child who could do
+the one could do the other, but that is not the point, for the object
+is not merely to gain manual dexterity but to develop all the faculties
+of a child, and this is what the complete exercise achieves and in what
+the partial exercise absolutely fails.
+
+(b) To instil respect for rough, honest, bodily labour, which is
+achieved by the introduction of the work into schools of all grades so
+that ALL classes of the community may engage upon it, and by the
+teachers taking pride in it themselves, and by their intelligent
+teaching of it to their classes.
+
+(c) To develop independence and self-reliance. The child requires
+individual attention, the teacher must not tell too much, the child
+should endeavour as far as possible to discover by experiment the best
+methods for holding and manipulating tools, and also to be allowed as
+much free play as possible for its judgment.
+
+(d) To train in habits of order, exactness, cleanliness, and neatness.
+
+Which are acquired by keeping the models well within the children's
+range of ability, demanding that the work shall always be done in an
+orderly manner and with the greatest measure of exactness that the child
+is capable of. How far cleanliness and neatness may be instilled is
+apparent from the nature of the work.
+
+(e) To train the eye, and the sense of form. To cultivate dexterity of
+hand and develop touch.
+
+The models are of two kinds:--rectilinear and curvilinear. The former
+are tested by the square, the rule and the compasses, but the accuracy
+of the latter depends upon the eye, the sense of form and that of touch.
+This training enables the child to distinguish between good and bad work
+and to put a right value upon the former, to understand the right use of
+ornament, and also cultivates the æsthetic taste upon classic lines. An
+enormous number of jerry built articles are sold, which the public
+readily buy simply on account of their ornamental appearance. If the
+ability to distinguish between good and bad work were more universal it
+would go far towards improving trade morality.
+
+(f) To cultivate habits of attention, interest, etc. The success of the
+work requires that the mind shall be closely concentrated upon it. The
+nature of the work excites the interest of the child, and under careful
+direction this interest is sustained throughout. A genius has been
+described as a man capable of taking pains--a master of detail. Sloyd is
+eminently suited for concentrating the attention upon the details of
+work and for training the Sloyder to be thorough and never content with
+"making a thing do."
+
+The desire of the child to finish the work and to finish it well,
+overrides any element of impatience or irritability that may be in his
+character, and in a natural way introduces the elements of patience and
+perseverance in his work. These qualities are not confined to his Sloyd
+work but extend throughout his character, so that he realises that the
+work of life all contributes to some definite aim.
+
+(g) Uniform development of the physical powers. Statistics collected
+from any country show that many forms of disease before unknown among
+the young, are now very prevalent among the children taught in the
+schools. These diseases are attributed to the many hours during which
+children are required to sit and to the bad positions they assume during
+those hours. Skoliosis--curvature of the spine--a serious disease, as it
+produces displacement of the internal organs, nose bleeding, ænemia,
+chlorosis, nervous irritation, loss of appetite, headache, and myopia,
+are diseases which are declared by experts to accompany the present
+system of education.
+
+Sloyd when properly taught tends to develop the frame according to the
+normal standard. It may not be as good as gymnastics in this direction:
+but it has this advantage that it trains the pupil to engage in his work
+in such a manner as not to hinder nor stunt the development of his body,
+and not to cramp the vital organs in such a manner as to interfere with
+the discharge of their functions. The pupils are taught to use both
+hands and to develop both sides of the body. The following chart from
+Herr Salomon's work will show to what degree the body may develop on a
+lopsided manner when one side only is used in performing work. The chart
+shows the sectional measurement of the chest of a boy of thirteen years
+of age who for three years had worked at a bench using the right side
+only.
+
+The foregoing brief analysis may show the ends which Sloyd is destined
+to accomplish, and upon the value of those ends no explanation is
+required. Habits of industry, patience and perseverance are inculcated.
+The child learns to know his own power and how best to use it. His
+tastes are cultivated and he learns to love work and understand the true
+dignity of labour. Such results are not the results of the copy book but
+they are permanently impressed upon the child's character. That such an
+education must react upon the parent is obvious. The child's life is
+full of aim and he does everything with a purpose, and in such a child
+only the most depraved parent will fail to take interest, and children
+have this characteristic, that they force their knowledge upon the
+notice of their parents whenever they can. The boy who begins to learn
+house painting soon expresses the wish to paint his own home; if
+carpentry, he wishes to build a shed; if joinery, he wishes to make a
+table; and how often one notices a home where tidiness and order are due
+to the educated child, and where taste in furnishing is accounted for by
+the daughter's cultivated æsthetic taste. Children then, so trained as
+the Sloyd system provides, may contribute enormously to the happiness
+and brightness of the home life. Instead of regarding them as a burden
+their parents will behold them with delight and pride, and instead of
+looking out for "something for them to do," indifferent whether it be
+driving a cart, selling in a shop, or clerking in a lawyer's office,
+they will find that the child himself has a definite idea of where his
+after course should lie, and they will do their utmost towards assisting
+him to follow it.
+
+[Illustration: _To perceive the amount of distortion, fold the paper
+along the axis of the diagram, and hold it between the eye and the
+light._
+
+_From "Theory of Sloyd"_--SALOMON.]
+
+It cannot be supposed that Sloyd will succeed in the midst of
+incongruous surroundings. To train the eye to a sense of the beautiful
+in a dirty schoolhouse is somewhat difficult. The glorious handiwork of
+God will not be taught in the playground which, with its mudholes, ruts,
+and filth, more resembles a cattle yard than anything else. A school and
+its grounds must at least show that the authorities themselves really
+appreciate the lessons they are endeavouring to have instilled into the
+minds of their scholars. So, too, a similar system must underlie the
+method of teaching the ordinary lessons at the school desk. How many
+children will say "I love history but I detest dates"? What value are
+the dates? Let history be taught as Fitchett teaches it in his "Deeds
+that won the Empire" and the end will be accomplished, patriotism will
+be inspired, and the nation loved. Dates, names of deeds, causes of war,
+international policies may easily be introduced incidentally. Let
+geography be taught as Fraser teaches it in his "Real Siberia" or Savage
+Landor in his "In the Forbidden Land" and the map will be studied with
+interest and the subject never forgotten. Let the notation be dispensed
+with until the child understands the problem or theorem and Euclid will
+become fascinating.
+
+Without a shadow of doubt the best preventive of crime is an universal
+system of education so designed that the whole interest of the child is
+absorbed in its work. An absolute solution of the whole problem
+undoubtedly requires that the religious education of the child be also
+undertaken and effectively carried out. The question of the religious
+education of the young is one which is exciting attention throughout the
+whole of the English speaking world. There are those who advocate that
+instruction in the Bible lessons should be given by teachers during
+school hours to the scholars attending the Government schools, and there
+are those who vigorously oppose such a course.
+
+The advocates base their arguments upon their belief that no system of
+education which ignores religious teaching can be effective or complete.
+Their opponents declare that it is unjust to call upon the teachers of a
+secular education to give instruction in religion, or for the State to,
+in any way, subsidise the various religious denominations or to
+supplement their efforts in this particular direction. Both sides
+petition the Government and both sides prepare the people for a possible
+referendum upon the question.
+
+The State cannot be expected to regard the matter from other than a
+purely utilitarian standpoint. "Will it make the people better
+citizens?" it enquires. "Will it lesson crime and promote honesty,
+thrift and loyalty?" These questions still remain unanswered, and in the
+midst of so much rationalistic teaching, and especially with the
+example of the noble lives of many rationalists before it, the State
+believes that there is room for much difference of opinion, and
+therefore it cannot move in the matter. The advocates of religious
+education seem to take it for granted that their beliefs are
+unassailable and that they are simply fighting against the powers of
+Darkness: but they forget that they are doing very little to bring
+others to hold the same convictions as themselves. It should not be a
+difficult task to answer to the utilitarian position with an emphatic
+affirmative and to bring conclusive evidence to support that
+affirmative. Where, it may be asked, are to be found the men who are
+leaders in thought and action who have, without any religious influence
+whatever, risen from the depths of misery, crime and filth? Where are to
+be found the families now living in honesty and virtue, though still in
+poverty, families in the midst of which every form of wickedness was
+once to be seen, who owe nothing to religious influence? The rationalist
+may claim that when his educational theories are adopted and put into
+practice all dens of misery and vice will disappear, but he cannot
+support his statement with convincing proofs. The teacher of religion is
+infinitely better off. While he strenuously supports the adoption of
+better and larger educational effort, he insists that, in order to gain
+the active co-operation of those on behalf of whom it is to be employed,
+religious influences must be brought to bear, and for the support of his
+statement he need only say "open your eyes and look around you."
+
+The influence of religion in regaining criminals cannot be gainsaid by
+any, and the United States Educational Report for 1897-98 declares that
+it is most important for the inculcation of sound morality, that
+children should, from a very early age, be brought under the influence
+of good religious teaching.
+
+When the State is convinced that religious education is an absolute
+necessity, it will approach the question of ways and means with a
+determination that a satisfactory solution must be arrived at, and what
+it will then demand is not so much an emasculated Bible as the bringing
+to bear upon the children of the vital regenerative influences of
+religion.
+
+
+
+
+Chapter IX.
+
+SOME AMERICAN EXPERIMENTS:--
+
+THE PROBATION SYSTEM.
+
+THE ELMIRA SYSTEM.
+
+
+=The Probation System.=--In several of the States of America an attempt
+has been made to devise a substitute for imprisonment in the cases of
+persons convicted for minor offences.
+
+The State of Massachusets was the first to take the lead by initiating a
+somewhat elaborate system of probation.
+
+Briefly described, it is an attempt to reform a prisoner
+OUTSIDE.
+
+Imprisonment for minor offences has had many bad features and should,
+where possible, be avoided. Firstly, there is the stigma that attaches
+to every man who has worn the broad-arrow. Secondly, there is the loss
+of self-respect which, together with the contaminating influences
+existing in a prison, often convert the minor offender into the hardened
+criminal. Thirdly, there are the hardships that the wife and family are
+called upon to endure while the bread-winner is in gaol and not earning
+wages.
+
+The Probation System seeks to overcome all these difficulties. Instead
+of sentencing an offender to a period of imprisonment, the judge
+confides him to the care of the probation officer for a period
+co-terminous with that which he would otherwise have had to spend in
+prison. The minimum period of this sentence is six months, and the
+average about twelve months.
+
+In the cases of female offenders and of youths under the age of 18 years
+the probation officer is usually a woman; for adult males, a man acts as
+officer.
+
+The officers are invested with very considerable authority. It is their
+duty to keep the very closest watch over their wards and to report
+continually upon their behaviour. They frequently visit the homes and do
+their utmost to become acquainted with the conditions of the home and
+industrial life under which their wards live. The visits are so arranged
+that they by no means imply an official errand, the officers endeavour
+to discover the weaknesses of their wards and the temptations to which
+they are most likely to succumb, and as far as possible to remove them
+out of the reach of these temptations or to strengthen them against
+their power. Some officers provide for meetings to be held for those
+committed to their charge. Especially is this the case with those who
+have the charge over youthful offenders. At such meetings games,
+edifying entertainment and instruction are provided. It is also quite
+competent for an officer to receive the wages of a probationer. In these
+cases, he will give the man's wife a sufficient sum to meet the ordinary
+household expenditure, allow him enough for his personal expenses, and
+retain a small sum to be returned when the period of probation has
+expired. This course is invariably pursued in the case of drunkards. A
+drunkard may, upon the authority of the probation officer, be forbidden
+to enter a public-house or to enter it during certain hours only, and he
+may also be obliged to remain at home after a certain hour. In fact, the
+probation officer may make almost any such rules that he thinks best to
+be observed by his ward, and there is always the threat of being sent to
+prison to discharge his sentence, if he should refuse to behave properly
+when under probation.
+
+To have an officer constantly watching over a man may affix a certain
+stigma to the man, but even so, it is not indelible nor nearly so great
+as that which the prison leaves behind it. To make this disadvantage as
+small as possible, the officers wear no uniform and, within their
+prescribed area, work among the convicted and unconvicted alike.
+
+The type of officer required is not easily found. Of humane instincts,
+and yet a firm disciplinarian, well educated, competent to give good
+advice and able to gain the affections and confidences of those amongst
+whom they work, is the type of person required. The ex-soldier or the
+ex-policeman is just the man who is NOT wanted. The advantages of this
+system Miss E. P. Hughes thus sums up:--
+
+Firstly.--Instead of a few highly-paid officials and many badly paid
+warders, you have a number of independent, well-paid probation officers,
+chosen for their knowledge of human nature, and their skill in reforming
+it.
+
+Secondly.--Far greater adjustment of treatment to individual cases.
+
+Thirdly.--The stigma of the prison is avoided, and while great care is
+taken that the prisoner shall be strictly controlled and effectively
+restrained, his self-respect is carefully developed.
+
+Fourthly.--The family suffers less. The home is not broken up, the wages
+still come in, and if the prisoner is a mother and a wife, it is, of
+course, most important that she should retain her position in the home.
+
+Fifthly.--The prisoner does not "lose his job," nor his mechanical
+skill, if he is a skilled workman. "I was told that six months in prison
+will materially damage this in many cases." He does not lose his habit
+of regular work.
+
+Sixthly.--He has one intelligent friend at his side to give him all the
+help that a brother man can. And this friend has the unique
+opportunities for studying his case, and has also an extraordinary power
+over his environment.
+
+Seventhly.--Good conduct and a capacity for rightly using freedom is
+constantly rewarded by a greater freedom.
+
+Eighthly.--It is far cheaper than prison. The prisoner keeps himself and
+his family, and one officer can attend from sixty to eighty prisoners.
+
+=The Elmira Reformatory.=--"The New York States Reformatory at Elmira"
+is the official designation of this institution. It was established in
+1875 and had for its first superintendent a Mr Z. R. Brockway.
+
+Mr Brockway had from the age of nineteen years been working in an
+official capacity among prisoners, and his religious beliefs led him to
+acknowledge that the men committed to his charge had their place in the
+redemption of the world.
+
+Maconochie's humane method of dealing with the criminals of Norfolk
+Island attracted his attention, and from Maconochie's mark system he
+evolved the now famous indeterminate sentence.
+
+When the New York State established a Reformatory at Elmira, Mr Brockway
+was placed in charge and given practically a free hand in the adoption
+of such methods as he deemed most likely to effect the permanent reform
+of the men committed to imprisonment there. A restriction was placed
+upon the age of the offenders who should be admitted, the law reading
+thus:--"A male between the ages of 16 and 30, convicted of felony, who
+has not heretofore been convicted of a crime punishable by imprisonment
+in a State prison, may, in the discretion of the trial court, be
+sentenced to imprisonment in the New York State Reformatory at Elmira,
+to be there confined under the provisions of the law relating to that
+reformatory" (vide section 700 Penal Code).
+
+This by no means implies that all the inmates are first offenders. Many
+of them have been in juvenile reformatories, penitentiaries, and houses
+of correction, so that in some cases a considerable advance in the
+career of crime has been made before they are handed over to the
+authorities at Elmira. Again, only felons are received, not minor
+offenders.
+
+The principles upon which the reformatory system is based are
+practically those set forth in the declaration of the National Prison
+Congress held in Cincinnati in 1870 as follows:--
+
+     1. Punishment is defined to be "suffering inflicted upon the
+     individual for the wrong done by him, with a special view of
+     securing his reformation."
+
+     2. "The supreme aim of prison discipline is THE
+     REFORMATION OF CRIMINALS, not the infliction of
+     VINDICTIVE suffering."
+
+     3. "The progressive classification of prisoners based on
+     character, and worked on some well adjusted mark system,
+     should be established in all prisons above the common gaol."
+
+     4. "Since hope is a more potent agent than fear, it should be
+     made an ever present force in the minds of the prisoners, by
+     a well devised and skilfully applied system of rewards for
+     good conduct, industry, attention to learning. Rewards, more
+     than penalties, are essential to every good prison system."
+
+     5. "The prisoner's destiny should be placed, measurably, in
+     his own hands; he must be put into circumstances where he
+     will be able, through his own exertions, to continually
+     better his own conditions. A regulated self-interest must be
+     brought into play and made constantly operative."
+
+     6. "Peremptory sentences ought to be replaced by those of
+     indeterminate length. Sentences limited only by a
+     satisfactory proof of reformation should be substituted for
+     those measured by mere lapse of time."
+
+The old system of penology may be described as "so much suffering
+inflicted for so much wrong done and with the object of expiating that
+wrong."
+
+The principles upon which the reformatory system is founded must be
+clearly grasped before the system itself can be understood. Criticism is
+frequently levelled against it on the ground that the prisoners are
+given "too good a time." This criticism is based upon some theory that
+vindictive retaliation is the attitude that should be assumed towards
+the criminal. When this theory is renounced, then the system stands or
+falls according as it accomplishes the objects for which it is designed.
+When it is asked why should a prisoner in captivity be better looked
+after than he would be if left in his old haunts of crime, the question
+must be answered from the prisoner's point of view, and he will candidly
+reply that the prison which deprives him of his freedom until his
+reformation has been effected is not the place which has any attractions
+for him. The life of discipline and industry does not at all agree with
+his idea of blissful surroundings. Upon admission at the reformatory,
+the prisoner is placed in the middle of three grades of classification.
+From this grade he can, by industry and good behaviour, advance to the
+highest grade. If he should prove refractory, he sinks to the lowest or
+convict grade. Each grade has its own particular privileges, these being
+of course at their maximum in the highest grade. They consist chiefly in
+a better diet, better bed and freer access to the library. His fate is
+practically placed in his own hands. If he shall show himself
+industrious and shall apply himself diligently to the task set before
+him he may make such progress in his grades as will secure his release
+after a comparatively short period of detention. If, on the other hand,
+he will not exert himself to embrace the opportunity, he is kept under
+detention until the maximum limit of his sentence is reached. The
+authorities urge for legislation making the sentence absolutely
+indeterminate, so that those who resist the reformatory measures may be
+kept in prison for a period co-terminous with that of their resistance.
+The principles upon which the system is founded are developed in a
+course of training described as a three M course, i.e. mental, moral and
+manual. The machinery consists of, the indeterminate sentence, the
+school of letters, the trade school, and the gymnasium.
+
+=The Indeterminate Sentence.=--The ideal Indeterminate sentence provides
+that when once a criminal falls into the clutches of the law he shall be
+deprived of his liberty until he has given satisfactory evidence that he
+is able to conduct himself as an honest and industrious citizen. It
+makes no distinction between different crimes, such as to provide that
+the man who embezzles shall receive a longer sentence than the man who
+commits arson or vice versa, but makes the restoration of liberty depend
+entirely upon reformation. It refuses to tolerate the idea that any
+criminals should be at large to prey upon society, and it thus imposes
+upon society the obligation to undertake the reform of all criminals.
+This IDEAL sentence, however, does not exist. At Elmira, the
+authorities are obliged to recognise a maximum, so that if at the expiry
+of this maximum, the prisoner should have made no progress towards
+reform he must, nevertheless, be discharged. Since, however, a man may
+at Elmira reduce a sentence of ten years to something like 22 months, a
+great incentive is given to him to identify himself with the efforts
+being made on his behalf. From every point of view the indeterminate
+sentence in the case of those sent to reformatories appears the most
+reasonable. The business of the trial court is concluded as soon as the
+question of guilt is determined. The judge has not imposed on him the
+impossible task of measuring out a punishment which in its severity
+shall exactly accord with the degree of crime committed. The question of
+the prisoner's sanity is not left to the jury to decide but to qualified
+alienists. Neither does this question determine his GUILT but
+only his RESPONSIBILITY. No account has to be made of the
+provocation from which the prisoner suffered at the committal of his
+crime. If but a small degree of criminality exist, the safest adjustment
+of punishment is to be found in the indeterminate sentence. From the
+social point of view, it gives the best safeguard to the society. It
+guarantees that a criminal once convicted shall cease to prey upon
+society. He will either reform and return to society as a useful member
+thereof and a contributor to its wealth, or else, refusing to reform, he
+will never regain his liberty. This sentence lays it down that society
+ought not to tolerate criminals in its midst. Imprisonment for a fixed
+period under our present penal system serves but to exasperate the
+criminal, and at the end of his sentence, when he is a more dangerous
+criminal than ever, the law demands that he shall be released. It is
+only by indeterminate sentences that society obtains the guarantee it
+may justly demand. For its effect as a means of discipline a prisoner
+will give his own experience. The following extract, was written by an
+inmate of the Reformatory in 1898:--"From the view-point of a 'man up a
+tree' I would say that the character of our sentence has everything to
+do with furnishing a motive which induces and stimulates us to a degree
+of activity we could never acquire under a fixed penalty. Where, under a
+definite sentence, we would spend most of our time crossing off days
+from the calendar and lay awake nights counting over and again the
+amount of time yet necessary for us to serve before the dawn of freedom,
+now every moment is utilised in taking advantage of all opportunities
+for improvement that are offered, well knowing that only by advancement
+in the trade-school and school of letters, together with strict
+compliance with the rules of the disciplinary department, can liberty be
+earned. And the word earn is used advisedly, for a man to get along in
+this reformatory can be no sluggard but must be alert, ever ready to
+advance and not drag behind."
+
+The ideal sentence, so far as an incentive to reformation goes, would be
+an ABSOLUTELY INDETERMINATE ONE, where a man must either reform
+or remain in prison for life, for where would be the welfare of society
+considered if a man be released prepared to prey upon it as he did
+before imprisonment? In the case of the absolutely indeterminate
+sentence there is a motive that will quicken every energy and arouse the
+dullest to life and exercise, for he would be fighting for life and
+liberty--liberty that could never be his until he had shown by his
+conduct that ready compliance with all requirements here was intended,
+and willingness to discard the old and detrimental habits, taking on new
+and profitable ones. The fact that a man could get along in here would
+indicate his ability to live in accord with society in the outside
+world.
+
+Under such a system no one fit to be released would fail to gain it.
+Why? Because the motive is so strong as to force the most unwilling to
+willingness; because a man who would rather rot in prison than try to
+regain his freedom by legitimate means is better off where he is. He
+would only be a stumbling block to society in general if he were set
+free, and would sooner or later land again in some penal institution or
+other, and thus his life would be wasted, and public funds wasted in
+arresting, discharging and rearresting the useless drone, the balance of
+whose life would be passed in various prisons of the country.
+
+That the indeterminate sentence furnishes a powerful motive for
+reformation is shown daily in this institution. You have only to watch
+the student over his books, or mechanic over his tools to see the effort
+that is being made to win that golden prize--a parole. How that motive
+is undermined or taken away entirely when the sentence is definite is
+readily perceived by taking a cursory glance over the records of men
+sentenced here for a definite period. The greatest percentage of them
+are careless, insolent, and furnish most of the class that goes to form
+the nucleus of the lower or convict grades. Why? Because there is
+nothing to work for. No parole can be gained by attention to duty. Time,
+and time alone, counts for this class. Only to pass time and get to the
+end of the sentence, that is all. No one can make a study of, or even
+look about him and compare the records made by definite and indefinitely
+sentenced men, without becoming a warm advocate of the indeterminate
+sentence. The longer the maximum sentence of the man sent here, the
+greater is his effort to travel along the straight and narrow path,
+picking up such advantages as offer him through his stay in this
+institution. The longer the maximum the stronger the motive, the smaller
+the maximum, the smaller effort to earn a release. For example, men sent
+here with two or two and a half years as the limit of their maximums, on
+an average, remain here longer than those with a five, ten or twenty
+years maximum hanging over them. The reason is obvious--the motive is
+strengthened or weakened according as the sentence is lengthened or
+shortened. The deterrent value of the absolutely indeterminate sentence
+would be enormous. Not a question of a few months or years would the
+criminal have to face; but a period which would not terminate until he
+either reformed or died. As we have seen it gives a tremendous stimulus
+to reform, and it would likewise give a powerful check to criminal
+tendencies. Thus it relieves the Judge of an impossible task, is most
+satisfactory to society, and most humane to the culprit.
+
+It may be urged that since liberation would depend in a measure upon
+proficiency in the trade-school and school of letters, that some
+criminals whose criminality might be of a lesser degree, would be at a
+greater disadvantage than others. That is not so. The system is
+obviously a very complicated one, and only the bare outlines are being
+given here. In operation it is absolutely fair, neither is any
+inducement offered to commit crime for the benefits which the
+trade-school confers. The managers know no such defect in their system
+or otherwise they would report it. They have a free hand in the
+employment of their methods, they are continually experimenting, and
+they owe no devotion to "red tape."
+
+A further advantage that the indeterminate sentence has, is that it
+provides for a second period of probation. A man may behave himself well
+in prison but upon his release betake himself immediately to his old
+surroundings and then to his old habits. The most critical moment is
+when the prisoner steps outside the gaol walls and finds himself a free
+man. The habits of industry and good conduct acquired when in
+confinement have to be accommodated to new conditions, and if unassisted
+the task is often too great. The consequence is that he falls away and
+rejoins his old companions and soon becomes a recidivist. The
+indeterminate sentence allows for his freedom being regained gradually.
+Having given evidence of reform and of abilities to support himself,
+employment is found for him, and he is granted a parole. That is he is
+released conditionally. For the next half year he must report himself
+every month, and if at the end of that period he has behaved well he is
+granted absolute discharge. Opportunity is thus given for him to
+establish himself gradually amidst the conditions of free social life.
+The sense of freedom comes without shock, and when it comes, the
+critical period has long since passed away.
+
+Should he violate his parole in any way, he is rearrested and may be
+called upon to serve the maximum penalty for his crime.
+
+=The School of Letters.=--As has been said the system of the Reformatory
+is classified under the headings of mental, moral and manual. There is
+no sharp distinction between all three, inasmuch as no mental or manual
+training is considered of any value which does not also assist to
+develop the moral character of the pupil.
+
+The whole aim of the system is to develop minds and bodies, arrested in
+their growth, in order that they may become more susceptible to moral
+influences, and that habits of correct thinking and useful industry may
+be established. Every prisoner upon entering the institution is assigned
+to the school of letters, care being taken that the task imposed upon
+him is well within his mental grasp, but at the same time shall require
+an effort on his part in order to master it.
+
+The school is divided into three sections--The Primary, the Intermediate
+and the Academic or Lecture division. Each section is subdivided into
+classes and each class again subdivided into groups. The usual method of
+making the lower classes large and the upper classes small is exactly
+reversed at the Reformatory. There may be as few as twenty pupils in the
+lower classes and as many as two hundred in the upper ones. The school
+is under the management of a director who is assisted by a competent
+staff of civilian teachers, as well as by a number of the inmates
+themselves. Some of the prisoners, being illiterate, have to commence
+their education at the very bottom of the ladder. Others, according to
+the education they have received, enter the course at higher points. In
+the case of foreigners much of their education consists in teaching them
+the English language and instructing them in American customs and
+manners. The training is of immense advantage to them.
+
+The classes are held in the evening and the routine of the Reformatory
+is so arranged that throughout the whole of the prisoner's waking time
+he is kept employed.
+
+From the elementary instruction in reading, writing and arithmetic,
+given to illiterates, the course progresses so as to include History,
+Civics, Political Economy, Ethics, Nature study and Literature. Attached
+to the school there is a well stocked library from which books are
+issued under regulations relative to good conduct and progress made.
+There is also a weekly paper issued within the institution called "The
+Summary," to which the prisoners may contribute articles. Attendance at
+the school is in all cases compulsory. The inmate has no option
+whatever. He is not consulted as to what course of study he would like
+to pursue but this is chosen for him and he is set to it. In selecting
+his course, every attention is paid to the man's abilities, tastes and
+attainments. No useless studies are undertaken. Every study must be of
+value from a reformative point of view and also from an educational one.
+That is, it must serve to correct bad and wandering habits of thinking
+and to cultivate good and consecutive habits. It must assist to broaden
+the outlook of life and to bring the individuals into living touch with
+the life and traditions of the country to which he belongs. It must
+serve to inspire hope, confidence and zeal. It must cultivate a taste
+for the beautiful, a love for the natural, and an adoration for the
+Divine. When released, the student must find himself equipped with such
+a knowledge as will enable him to steadily advance in his station of
+life. And yet there is on an average, only two years in which to impart
+such an instruction. How is it done? Firstly, nothing useless is taught,
+the object primarily aimed at being the formation of character.
+Attendance is therefore compulsory, and attention and application are
+necessary in order to obtain a parole. Monthly examinations are held and
+failures at these gives a set-back in the matter of obtaining a release.
+A failure, however, may be overtaken by extra exertion during the next
+month. However distasteful it may be to the prisoner to study regularly
+and methodically, or however difficult his former irregular life may
+have rendered this task, yet it is so intimately bound up with his
+interests that he soon finds a motive powerful enough to correct mere
+dis-inclination. He must work and work at his best, and invariably he
+does so.
+
+Upon entering the class room each student receives a printed slip which
+gives an outline of the lesson to be studied. This serves to convey an
+idea of the amount of work to be undertaken, to show the progressive
+steps and to prevent any idle speculation concerning the development of
+the lesson. These slips are kept by the student and they are made the
+basis of the monthly examination. These examinations are conducted with
+great strictness. In order to pass 75 per cent. of the maximum number of
+marks must be obtained, and marks are given for exact knowledge only.
+For instance, if in a sum in arithmetic a right method is employed but a
+wrong answer given no marks are rewarded. The student has shown an
+inability to use his knowledge. In other subjects the men in answering
+their questions must give the exact "how," or "why," or "when," or
+"where," or "which" before their work will pass. They may write sheets
+but it will not count if they miss the point. They soon find therefore
+that in order to pass their examinations they must pour forth all their
+energies upon their work. Needless to say, no catch questions are ever
+introduced, neither does the examination task exceed the men's
+abilities.
+
+When English literature was first introduced the men regarded it as an
+imposition. They did not know what the new study meant nor what was
+expected of them. A great amount of coaxing and gentle treatment was
+necessary to overcome the general bewilderment. The first examination
+passed off measurably well. Soon a change took place and English
+literature rose rapidly to become the most favourite study. The demand
+upon the librarian for the supply of English and American Classics
+became so great that special restrictions had to be placed upon their
+issuance.
+
+Marked success from a Reformatory point of view has attended this study,
+and the men enthusiastically enter upon a new and broader life.
+
+The late Prof. S. R. Monks, for twelve years Lecturer at the
+Reformatory, says:--"But does such education contribute to the
+reformation of the criminal and the protection of the public?"
+Unqualifiedly and unhesitating I answer, Yes. Men are found to acquire
+in this school month by month a growing application of better things, a
+readier apprehension of truth and a heartier sympathy with virtue, and
+best of all, a greater capacity for sustained and consistent effort in
+practical undertakings. These transformations are the successive steps
+of a real reformation, and every step puts the man at a greater and
+safer distance from past shiftlessness and viciousness. "The virtues,"
+says Felix Adler, "depend in no small degree on the power of serial and
+complex thinking," but, continues that practical philosopher, "the
+ordinary studies of the school exercise and develop this faculty of
+serial and complex thinking. Any sum in multiplication gives a training
+of this kind." It is hardly possible to exaggerate the benefit that true
+education will confer on one who has come under the condemnation of the
+law. His improved education will counter-balance some of the disgrace of
+his past criminality; it will with industrial training extricate him
+from the hopeless mass of ignorant unskilled labour where competition is
+always hottest and most perilous, it will teach him, better than he
+could know without it, the relative value of things; it will so elevate
+his thoughts and refine his tastes that the path of duty in its roughest
+and steepest places, will yet steadily attract his footsteps.
+
+The charge is sometimes made that the criminal is made more dangerous by
+education. The assertion begs all it carries. It assumes that education
+strengthens character but does not transform character which is false
+for it does both.... No man can use his mind in the careful
+investigation of moral principles, and become thereby merely a more
+dangerous cheat. No man who has opened his eyes to see the revelations
+of eternal wisdom and goodness written in letters of light on all the
+handiwork of Nature, can be made thereby merely a more dangerous
+villain. On the contrary, every hour of honest search after reality, of
+careful industry governed by principles and lined to accuracy, every
+hour spent in happy contemplation of wisdom and goodness, wherever
+manifested will make the man forever the better for it.
+
+=Physical Culture.=--This Department of the Reformatory falls into three
+divisions--the Gymnastic, the Military and the Manual.
+
+=The Gymnastic.=--The idea of a gymnasium within a gaol must deliver no
+small shock to the prejudices of many, but in studying the Elmira system
+we must endeavour to keep before us the end which the authorities are
+aiming at, viz., the restoration to society of their criminals in a not
+only harmless state but in their most useful state, and this can only be
+made possible by the most careful and thorough training of the mind,
+body and soul.
+
+Neither is there any cause to think that the prisoners are getting too
+good a time, and that, being treated better than the industrious worker,
+a premium is being offered to crime. The investigation of the
+authorities has revealed no case in which a man has entered the
+institution on account of advantages offered. To criminals they are not
+realised as advantages. They understand them only as the rough road
+leading to their release, and it is about the last thing for men of
+shiftless, lazy, inconsequent habits of mind and body, to suppose that
+they are having a good time when sent to a gymnasium every morning for
+two hours' steady work. Work which brings all the muscles of the body
+into play and which demands the fixed attention of the mind and its
+submission to the word of command from the instructor, is many times
+more distasteful than the "hard labour" of lazily cracking stones.
+
+Until 1900 the whole prison population went through a regular gymnastic
+course. This is now changed and assignments are made to the gymnasium
+only upon the certificate of the physician. All new arrivals however
+spend a period, averaging about five weeks, in the "awkward squad," half
+of whose morning time is spent in the gymnasium. They come in a very
+ungainly looking set of men. Many are undersized, underweight, rickety
+and diseased in body and generally of a slovenly, unmanly appearance. A
+multitude of causes have been at work to produce this condition.
+Chiefly, these are a bad ancestry, foul atmosphere of their dwellings,
+their idle dirty habits, intemperance and sexual abuse.
+
+The course of treatment prescribed for these is one which brings into
+exercise all their latent muscular power. Special attention is paid to
+deformities and weaknesses resulting from any cause whatsoever.
+
+Turkish baths, swimming baths and massage also play an important part in
+their treatment and help to bring the dregs of disease, the results of
+excessive drink and the use of tobacco, out of their systems.
+
+The effects of such treatment are at the end of a few weeks very
+apparent. The body is supple, the carriage is erect, the cutaneous,
+circulatory, muscular and nervous systems are in a healthy state, and
+the stupid, bewildered or stolid expression has given way to one of
+manly concern.
+
+At the end of five weeks most of the men graduate from the awkward squad
+and engage in the work of other departments. Some, however, for various
+reasons have to remain for a longer period of physical exercise.
+
+The majority of these are classified into three groups:
+
+I. Mathematical Dullards. II. Deficient in self-control. II. Stupids.
+These groups are described by Dr Hamilton Wey in his report for 1896 as
+follows:--
+
+Group I.--The Mathematical dullards. These were incapable of solving the
+most elementary problems in Mental Arithmetic or else did so with
+hesitation and difficulty. They were instances of sluggish and dragging
+walk, and presented a sleepy or dreamy appearance at work or in repose.
+They suggested arrested mental growth. From a careful study of these men
+by observation and immediate contact exercises were selected that would
+tend to act upon their defects. In addition the exercises prescribed
+necessitate the direct employment of their mathematical faculties. The
+following schedule was adopted, though subject to constant change as
+occasion for change presented itself. The exercises of their group as
+with others are confined to one hour's practical work five days per
+week. The men receive a daily rain bath and rubbing down immediately
+after their exercises. With this group the hour is divided into sessions
+of half-an-hour each, subdivided into periods of fifteen minutes. The
+first fifteen minutes are devoted to light calisthenics executed by
+command with loud counting and simultaneous movements. This is followed
+by 15 minutes of marching and facing movements with step counting. The
+first 15 minutes of the second half hour are occupied in the laying out
+of geometrical fields for athletic events. Employing the 50ft. tape and
+the 2ft. rule with divisions of an inch. After being instructed as to
+dimensions they are required to lay out the following:--
+
+(a) Baseball diamond; (b) basket ball field; (c) track for 30 and 40
+yards running races; (d) placing of hurdles at intervals, in harmony
+with established athletic field rules. The closing 15 minutes embraced
+practical work, viz., high and long jump, hop skip and jump, high
+kicking, target throwing, etc.
+
+Group II.--Those deficient in self-control. The members of Group II,
+compared with those of Groups I and III, are physically of better
+quality. In general appearance they show a better all-round physical
+development, and in some instances the deteriorating effects of sexual
+abnormality were not so apparent, this class would, in the performance
+of athletics, compare favourably with the scholar outside prison walls.
+In the general performance of their work they have shown more interest
+than either Group I or III, and in some instances have acquired skill in
+some of their athletic branches. The tendency of the athletics selected
+for this group by the Gymnasium Director was of a nature conducive to
+the cultivation and encouragement of self-control and self-reliance
+among its members as shown by the spirit of good-fellowship displayed by
+the successful towards the unsuccessful player, and in a measure
+subduing the ebullition of passion and the spirit of jealousy that
+formerly influenced their every notion in competitive contests.... It
+can be safely asserted that one essential feature in athletics, viz.,
+will-power, which was conspicuous at the first by its absence, has been
+strengthened and inculcated, especially in this group.
+
+It was observed by the Director that perhaps by their exuberance of
+animal spirit, the men were prone to make frequent excuses for changes
+from one game to another, instead of striving to excel in one branch.
+Another observable feature was the attempt to shirk the exercises which
+required any exertion on their part. These defects have been remedied,
+not entirely, but sufficiently to justify the efficiency of athletics as
+a fact in the production of self-control; and instances can be cited of
+complete subordination of will to the controlling powers.
+
+Group III.--The Stupids. The members of this group are not far above the
+standard of feeble-minded boys. They are what might be termed "all-round
+defectives." The object of the athletics selected for this group has
+been to awaken and arouse them from that lethargic state into which they
+periodically relapse. This has been in a measure accomplished, a great
+aid to which has been the daily rain bath. The following physical
+defects (some of which have been remedied wholly or in part) come under
+my observation: general weakness, weak chest (respiratory organs), bent
+carriage of the body, stiffness of wrist, joints, and clumsy movements
+of fingers, spinal curvature, extreme (comparative) development of right
+arm. To overcome these defects systematic exercise was necessary,
+including free-hand exercises, club-swinging, dumb-bell exercise, etc.,
+meted out according to the respective deficiencies and requirements of
+the men. This group also spent one half-hour in practical outdoor
+gymnastic and athletic work. After a general resume of the work
+accomplished it can safely be asserted that outdoor athletics and
+gymnastics have proven to be in a measure, a prophylactic for a number
+of the ills which these three groups of defectives are subject to.
+
+=Military Instruction.=--Military drill was introduced into the
+Reformatory as a direct outcome of the Prisons Bill of 1888 which
+forbade all machine labour in prisons being conducted for profit. The
+statute requiring the "shutting down" of all industrial plants the work
+of the institution was practically brought to a standstill. In this
+difficulty the management conceived the idea of forming a military
+regiment. Most beneficial results immediately followed. The men began to
+walk with more erect carriage and to respond to quick words of command.
+Besides this, the open-air exercise developed their lung-power and
+stimulated their circulatory system. A pride in their performance was
+also inspired by the opportunity given to rise through the different
+ranks to that of lieutenant. Above all, good habits of discipline were
+cultivated. Although the circumstances that rendered necessary the
+introduction of military drill have passed away, yet the organization
+has been found of such great reformatory value that it has become an
+integral part of the Elmira system.
+
+The regiment consists of sixteen companies, four companies to the
+battalion, company roll of about seventy. The colonel's staff is
+composed of colonel, four majors, inmate adjutant, and sergeant-major,
+and national and state colour-bearers. The uniforms are blue, black, and
+red, corresponding to the grades. White belts, with nickel buckles, are
+worn and white cross-belts. Proper insignia of rank is also worn. Dress
+parade is held daily at four p.m. on the regimental grounds, or, if
+weather be inclement, in the armoury.
+
+So far as is possible the regiment is drilled on exactly the same lines
+as those observed by the United States army.
+
+=Manual Training.=--Manual training was introduced into the Reformatory
+in 1895. The number of men who had been in the institution for a
+considerable period of time and upon whom the ordinary reformative
+measures exerted little influence rendered the adoption of some other
+means absolutely necessary. The men, with whom the ordinary methods
+failed, belonged to the defective classes already described as
+mathematical dullards, deficient in self-control, and stupids. The
+habits of vice seem to have wrought such a destructive work upon the
+will-power of these men that in order to repair it some potent influence
+would have to be brought into operation. The conception was to entirely
+disengage the mind of its connection with the past and to concentrate it
+upon healthy, useful and interesting work. Habit produces character, and
+if the old habits of thought could be destroyed and new ones implanted
+it would naturally follow that the character would be improved and
+developed. The character of the normal man requires for its development
+a moral, religious, intellectual and physical training, and the abnormal
+man requires the same, in a greater degree.
+
+It was with this knowledge that the managers introduced manual training
+into the Reformatory. As the usefulness of manual training (Sloyd) is
+described in a preceding chapter no more need be said upon its value as
+a factor in education now. It needed the greatest skill on the part of
+the managers to adopt the various Sloyd exercises to the requirements of
+the different defectives, but each year has given additional proof of
+their success, and its inclusion in the reformatory system was amply
+justified. In 1899 it was discontinued on account of the small
+appropriation that was made for the maintenance of the institution,
+making it necessary to curtail expenses.
+
+Before the abolition of Sloyd the following course was employed for
+defectives:--
+
+(With each year the group was divided into three terms, there being 17
+weeks in each term and 35 hours in each week.)
+
+
+GROUP I.--(Mathematical Dullards.)
+
+FIRST TERM.
+
+Mechanical drawing, Sloyd, athletics, and calisthenics, clay-modelling,
+and mental arithmetic.
+
+SECOND TERM.
+
+Card-board construction takes the place of clay-modelling.
+
+THIRD TERM.
+
+Wood-turning instead of card-board construction.
+
+       *       *       *       *       *
+
+GROUP II.--(Deficient in self-control.)
+
+FIRST TERM.
+
+Athletics and calisthenics, geometric construction involving the
+intersection of solids, etc., wood-turning, pattern making, mechanical
+drawing and Sloyd.
+
+SECOND TERM.
+
+Athletics and calisthenics, wood-carving, clay-modelling, mechanical
+drawing and Sloyd.
+
+THIRD TERM.
+
+Athletics and calisthenics, chipping and filing, moulding, mechanical
+drawing and Sloyd.
+
+       *       *       *       *       *
+
+GROUP III.--(Stupids.)
+
+FIRST TERM.
+
+Athletics and calisthenics, free-hand drawing from solids and familiar
+objects, elementary Sloyd, clay-modelling, mental arithmetic, and
+sentence building.
+
+SECOND TERM.
+
+Sloyd, free-hand drawing, wood-carving, mental arithmetic, and
+calisthenics.
+
+THIRD TERM.
+
+Sloyd, free-hand drawing, wood-turning, athletics and mental arithmetic.
+
+=The Trades' School.=--Of all crimes, about 95 per cent. are committed
+against property. It therefore appeared imperative to the management of
+the Reformatory that every man passing through the institution should
+be taught a useful trade so that he would be able to provide an honest
+and sufficient livelihood for himself and for those who would be
+dependent upon him. For this purpose the trades' school was established
+and a regulation passed that all men entering the Reformatory without
+the knowledge of a trade should be required to learn one before they
+would be granted a parole.
+
+Under conditions of free life it would be impossible to teach these men
+a trade. In their haunts of crime the criminals live a lazy ambitionless
+life and regard work as an evil to be avoided; the reformatory system,
+however, captures his interest on behalf of industry by making his
+liberty depend upon his having reached the status of an honest and
+enthusiastic tradesman.
+
+Two or three days after his arrival the newly committed prisoner is
+personally interviewed by the superintendent. This interview, which is
+in the nature of an exhaustive examination, generally discloses the
+species of criminality to which his crime belongs. This knowledge is
+made the basis of the plan which is then formulated for the course of
+treatment to which he will be submitted.
+
+In the selection of a trade, the prisoner is given the opportunity of
+choosing for himself. If the choice show sincerity and intelligence, he
+is applied to it. If, on the other hand, it should reveal mere
+indifference or a desire to shirk hard work, the managers take all
+matters into consideration and select the trade for him. Once placed at
+a trade he is given to understand that he will be kept rigidly to it and
+no release from imprisonment granted until his progress has satisfied
+the authorities. Changes from one trade to another are rarely granted,
+and then only when the learner has given unmistakable signs that he
+cannot succeed at his first task. Within the trades school, his identity
+is not lost sight of. Day by day, a record of his conduct and also of
+his progress is kept. Every persuasive means is used to awaken his
+understanding to the fact that his best interests are to be served by
+habits of industry and application. The whole system is an appeal to his
+desire for freedom. Freedom is offered to him but at a distance, and he
+can reach it by no other means than that of following a given road, the
+direction of which is very clearly pointed out to him.
+
+The work is graduated according to his ability to make progress, and
+care is taken to so arrange his course that he shall be taught
+thoroughly all the fundamental principles of his trade. The ordinary
+apprentice works so that he will be able to fulfil the orders that are
+given to his master. The consequence of this is that two ideas exist,
+the apprentice having the desire to learn a trade, his master desiring
+to profit by his work. The end of the apprentice is served by constantly
+advancing to new work, even though this should mean the loss of time and
+the waste of material; his master's object is attained by keeping him
+at that work which he learns quickest and giving the difficult work to
+more experienced men, consequently he passes through his time and learns
+but very little. Now, the pupil of the Elmira trades' school is not
+considered to have completed his course until he has gained a thorough
+knowledge of every department of his trade. Besides the practical
+instruction given in the workshops, classes are also held in the
+evenings and instruction given in mechanical drawing so that the men may
+be able to understand any plan that may be put into their hands, and
+also to draw plans for themselves. Trade journals are subscribed for and
+circulated among the men.
+
+The value of this industrial training extends beyond the providing the
+means of obtaining an honest livelihood, for by making release depend
+upon success, interest is thereby combined with industry. This
+combination is bound to react upon the voluntary system and produces a
+moral effect. Again it re-acts, this time beneficially upon the
+character of the man.
+
+The following is a list of all the trades taught in the Reformatory:--
+
+  Barbering
+  Bookbinding
+  Brass-smithing
+  Bricklaying
+  Cabinet-making
+  Carpentry
+  Clothing-cutting
+  Electricity
+  Frescoing
+  Hardwood-finishing
+  Horseshoeing
+  House-painting
+  Iron-forging
+  Machine-wood-working
+  Machinist's
+  Moulding
+  Music
+  Paint-mixing
+  Photo-engraving
+  Plastering
+  Plumbing
+  Printing
+  Stenography & typewriting
+  Shoemaking
+  Sign-painting
+  Steam-fitting
+  Stone-cutting
+  Stone-masonry
+  Tailoring
+  Telegraphy
+  Tinsmithing
+  Upholstery
+        Also,
+  Mechanical-drawing
+
+In the year 1903 there were 1986 pupils instructed in these trades.
+
+=The Results of the System.=--English critics have regarded the system
+as being somewhat extravagant and as placing the honest labourer at a
+disadvantage to the criminal. This criticism has been considerably
+weakened of late years and the results investigated instead of being
+imagined. The most careful investigation has made it impossible to deny
+that the Reformatory achieves all that it claims to, viz.:--that it
+contributes nothing to the strengthening of the criminal habit[1] and
+therefore it is not a partial remedy, and that it actually returns to
+society as useful citizens no less than 82 per cent.[2] of those
+committed to it.
+
+Lombroso speaks of the system as a practical application of the results
+of the science of Criminology.
+
+Should the system be adopted in other countries, it would need to be so
+translated that it would accord with the traditions and customs of the
+people.
+
+FOOTNOTES:
+
+[1] It is generally supposed that such a system cannot act as a
+deterrent to crime. The American delegates to the International Prison
+Congress (held in Paris in 1895) declared that the obligation imposed
+upon the prisoners, in such institutions, to raise themselves by mental
+as well as by industrial labour, into higher grades as a necessary
+condition for liberation, is felt by many of them, to involve so much
+exertion, that they would rather be consigned to some ordinary prison,
+where self-improvement is not specially enforced. This system, they
+declared, was more deterrent than was generally supposed.
+
+[2] Of some 13,000 criminals who have passed through the Reformatory,
+the number known definitely to have returned to crime is a little less
+than 1 per cent. of the whole!
+
+
+
+
+Chapter X.
+
+CONCLUSION.
+
+
+The reader will have formed his own conclusion. He may conclude that the
+author has a sentimental affection for the criminal and would have all
+disturbers of the public peace treated with more compassion than the
+hard-working and honest labourer. But that reader will have jumped to
+his conclusion from his preconceived prejudices. The reformation of the
+criminal is no chimera, it has been undertaken for thirty years and
+every year has seen better results. The results for 1903 (86 per cent.
+of reforms) ought to convince the most sceptic that the reformation of
+the criminal is the true aim for society to pursue.
+
+Another reader may ask why, if all these results are so good, does not
+the Government adopt some such system as the Elmira one instead of
+continuing the present obsolete penal system. The New York State
+Government experiences a difficulty in finding, for their reformatory
+staff, men who will undertake their work with a real sense of mission.
+
+Nor is this the only difficulty. If New Zealand is going to undertake
+the reformation of its criminals and to restore them to society as
+honest and industrious persons, society itself must be prepared to drop
+its prejudices and suspicions and receive the men at their present
+worth, and not forever stamp them as outcasts. Nothing less, then, is
+required than an earnest desire among all classes to recover those among
+men who have fallen into villainy and vice and to receive back among
+their ranks all those who, having responded to the efforts made on their
+behalf, can make a claim upon the confidence and good-will of society.
+
+But the reformation of the criminal is not the only obligation laid upon
+society, there is also the education of the child. It is frequently
+being stated that criminals are on the increase; it has been shown that
+this increase is not a national one, it must be then that for some
+reason the practice of virtue is becoming more and more difficult,
+whereas that of vice is becoming increasingly easier. Recruits are
+steadily joining the ranks of crime, and when one sees that, as a result
+of their home and school training, the rising generation is developing
+all the characteristics of the criminal, a somewhat alarming conclusion
+very strongly suggests itself. Society has the criminals that it
+deserves. It may fail to recover those who have entered upon a criminal
+career, or it may be actually guilty of manufacturing criminals. What
+are we doing? New Zealand has this hope, that its traditions do not
+fetter it, and its institutions are young and plastic.
+
+
+THE END.
+
+
+
+
+    +------------------------------------------------------+
+    | Transcriber's Note:                                  |
+    |                                                      |
+    | Inconsistent hyphenation and spelling in the         |
+    | original document have been preserved.               |
+    |                                                      |
+    | Typographical errors corrected in the text:          |
+    |                                                      |
+    | Page  12  Gcd changed to God                         |
+    | Page  12  criminoligists changed to criminologists   |
+    | Page  14  violaters changed to violators             |
+    | Page  20  effrontry changed to effrontery            |
+    | Page  24  tpyes changed to types                     |
+    | Page  34  healty changed to healthy                  |
+    | Page  35  alcholic changed to alcoholic              |
+    | Page  46  physichological changed to physicological  |
+    | Page  74  maxium changed to maximum                  |
+    | Page  80  Obviviously changed to Obviously           |
+    | Page  93  removed duplicate word "and"               |
+    | Page  98  Chappel changed to Chapple                 |
+    | Page  98  celebate changed to celibate               |
+    | Page 104  exacttitude changed to exactitude          |
+    | Page 111  Chappel's changed to Chapple's             |
+    | Page 116  syphillis changed to syphilis              |
+    | Page 121  unkown changed to unknown                  |
+    | Page 128  aguments changed to arguments              |
+    | Page 133  consideraly changed to considerably        |
+    | Page 134  Charle's Reades changed to Charles Reade's |
+    | Page 137  removed duplicate word "of"                |
+    | Page 140  approbious changed to opprobious           |
+    | Page 141  abont changed to about                     |
+    | Page 143  demonstate changed to demonstrate          |
+    | Page 144  kindergartem changed to kindergarten       |
+    | Page 148  betweeen changed to between                |
+    | Page 151  removed duplicate word "the"               |
+    | Page 163  destinction changed to distinction         |
+    | Page 178  defficient changed to deficient            |
+    | Page 180  prophylasic changed to prophylactic        |
+    | Page 181  lins changed to lines                      |
+    | Page 184  indiffererence changed to indifference     |
+    | Page 186  stone-masonery changed to stone-masonry    |
+    +------------------------------------------------------+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Plea for the Criminal, by 
+James Leslie Allan Kayll
+
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+    <title>
+      The Project Gutenberg eBook of A Plea for the Criminal, by The Rev. J. L. A. Kayll.
+    </title>
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+
+<pre>
+
+Project Gutenberg's A Plea for the Criminal, by James Leslie Allan Kayll
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Plea for the Criminal
+       Being a reply to Dr. Chapple's work: 'The Fertility of the
+              Unfit', and an Attempt to explain the leading principles
+              of Criminological and Reformatory Science
+
+Author: James Leslie Allan Kayll
+
+Release Date: April 29, 2009 [EBook #28632]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A PLEA FOR THE CRIMINAL ***
+
+
+
+
+Produced by Jonathan Ah Kit, Barbara Kosker, Mark C. Orton,
+Victoria University of Wellington College of Education
+(Gender and Women's Studies Programme) and the Online
+Distributed Proofreading Team at http://www.pgdp.net
+
+
+
+
+
+
+</pre>
+
+
+<br />
+<br />
+<br />
+<br />
+
+<hr style="width: 15%;" />
+<h3>DEDICATED<br />
+TO MANY KIND FRIENDS.</h3>
+<hr style="width: 15%;" />
+<br />
+<br />
+<br />
+<br />
+
+<h1>A PLEA FOR THE CRIMINAL.</h1>
+<br />
+
+<hr style="width: 15%;" />
+
+<h3>BEING A REPLY TO DR. CHAPPLE'S WORK:<br />
+  "THE FERTILITY OF THE UNFIT,"</h3>
+
+<h4>AND</h4>
+
+<h3>AN ATTEMPT TO EXPLAIN THE LEADING<br />
+  PRINCIPLES OF CRIMINOLOGICAL &amp;<br />
+  REFORMATORY SCIENCE.</h3>
+
+<hr style="width: 15%;" />
+<br />
+
+<h4>By</h4>
+
+<h2>THE REV. J. L. A. KAYLL,</h2>
+
+<h3>CORRESPONDING MEMBER OF<br />
+THE HOWARD ASSOCIATION.</h3>
+<br />
+<br />
+<br />
+<br />
+
+<h5>INVERCARGILL!<br />
+W. Smith, Commercial Printer, Temple Chambers, Esk Street.<br />
+MCMV.</h5>
+<br />
+<br />
+<br />
+<br />
+
+<p class="cen">AUTHORITIES CONSULTED IN THE PREPARATION OF THIS VOLUME.</p>
+
+<div class="centered">
+<table border="0" width="60%" cellpadding="2" cellspacing="0" summary="Authorities Consulted">
+  <tr>
+  <td class="tdl" width="60%"></td>
+  <td class="tdl" width="40%"></td>
+  </tr>
+  <tr>
+  <td class="tdl">Brockway, Z. R.</td>
+  <td class="tdl">Elmira.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Corre, Dr A.</td>
+  <td class="tdl">Paris.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Drill, Dimitri.</td>
+  <td class="tdl">Moscow.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Du Cane, Sir E.</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Dugdale, R. L.</td>
+  <td class="tdl">America.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Ellis, Havelock.</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Ferri, Prof. E.</td>
+  <td class="tdl">Rome.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Garofalo, (Baron) Prof.</td>
+  <td class="tdl">Naples.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Kidd, Benjamin.</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Von. Krafft-Ebing, Prof.</td>
+  <td class="tdl">Vienna.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Lacassagne, Prof.</td>
+  <td class="tdl">Lyons.</td>
+  </tr>
+  <tr>
+  <td class="tdl">MacDonald, Dr. A.</td>
+  <td class="tdl">Washington, U.S.A.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Mercier, Chas. M. B.</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Morrison, Rev. W. D.</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Manouvrier, Dr.</td>
+  <td class="tdl">Paris.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Moleschott, Prof.</td>
+  <td class="tdl">Rome.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Orano, Giuseppe</td>
+  <td class="tdl">Rome.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Ribot, Th.</td>
+  <td class="tdl">France.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Rylands, L. Gordon</td>
+  <td class="tdl">England.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Salomon, Otto</td>
+  <td class="tdl">N&#228;&#228;s (Sweden.)</td>
+  </tr>
+  <tr>
+  <td class="tdl">Scott, Jos.</td>
+  <td class="tdl">Elmira.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Spitska, Dr. E. C.</td>
+  <td class="tdl">New York.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Tallack, Wm.</td>
+  <td class="tdl">England.</td>
+  </tr>
+</table>
+</div>
+<br />
+<br />
+<br />
+<br />
+
+<hr />
+<br />
+<h2>CONTENTS</h2>
+
+<div class="centered">
+<table border="0" width="60%" cellpadding="2" cellspacing="0" summary="Table of Contents">
+  <tr>
+  <td class="tdl">&nbsp;</td>
+  <td class="tdr"><span style="font-size: 80%;">Page.</span></td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_I">Chapter I.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">Introductory</td>
+  <td class="tdr">9</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_II">Chapter II.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The Criminal</td>
+  <td class="tdr">14</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_III">Chapter III.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The Causes of Crime</td>
+  <td class="tdr">28</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_IV">Chapter IV.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The Methods and Philosophy of Punishment</td>
+  <td class="tdr">61</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_V">Chapter V.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">Elimination&mdash;Dr. Chapple's Proposal</td>
+  <td class="tdr">87</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_VI">Chapter VI.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The Obligations of Society Towards the Weak</td>
+  <td class="tdr">120</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_VII">Chapter VII.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The New Penology</td>
+  <td class="tdr">133</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_VIII">Chapter VIII.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">The Prevention of Crime</td>
+  <td class="tdr">138</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_IX">Chapter IX.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">Some American Experiments&mdash;Elmira</td>
+  <td class="tdr">155</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="2"><a href="#Chapter_X">Chapter X.</a></td>
+  </tr>
+  <tr>
+  <td class="tdl">Conclusion</td>
+  <td class="tdr">188</td>
+  </tr>
+</table>
+</div>
+<br />
+<br />
+<br /><a name="Chapter_I" id="Chapter_I"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span>
+<br />
+<h2>Chapter I.</h2>
+
+<h2>INTRODUCTION.</h2>
+<br />
+
+<p>This little book presents an appeal to society to consider its criminals
+with greater charity and with more intelligent compassion. No other plea
+is advanced than that the public mind should rid itself of all
+prejudices and misunderstandings, and should make an honest endeavour to
+understand what the criminal is, why he is a criminal and what,
+notwithstanding, are his chances in social life.</p>
+
+<p>The criminal has a claim to be understood just as well as any other
+creature. It is not necessary that his sympathisers should shut their
+eyes to the fact that he is capable of shocking crime, that he is often
+an ungrateful wretch that will bite the hand that feeds him and that
+among his ranks are to be found the most depraved specimens of humanity
+that the mind can conceive. A failure to recognize these facts is
+actually a failure to do justice to his cause. Notwithstanding the
+hideous history that he may have to unfold, he does ask to be
+understood.</p>
+
+<p>The majority of people take a most prejudiced view of the criminal's
+case. They will read the account of some fearful outrage or the details
+of a disgraceful divorce suit with absolutely no interest what ever in
+the persons concerned but only for the sake of the morbid satisfaction
+which such reading gives <span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span>them. A glance at the sentence will draw forth
+from them the exclamation that the wretch got no more than he deserved
+or that he didn't get half enough. This simply indicates that society as
+a whole has made very little real progress in the manner in which it
+regards its criminals. The old barbaric idea of revenge is still the
+dominant one and any scheme for the betterment of the criminal, even if
+it should give unmistakeable signs that it will accomplish his absolute
+reform, is carefully investigated to see whether it provides for a
+sufficient degree of penal suffering. Suffering which is of an entirely
+penal nature, has very little deterrent value and absolutely no
+reformative value whatever. And yet our refined and educated men and
+women will read the accounts of crimes and, in their own minds, sentence
+the actors to five, ten, fourteen or twenty years; even death, as if
+criminals were so used to this sort of thing that they thought no more
+of it than their self-chosen judges would if deprived of a day's sport
+or disappointed over a ball.</p>
+
+<p>"But," as an ex-member of the Justice Department said to me, "do you
+know what the wretch has done?" Yes, I do know what he has done, and I
+know him personally and well, and I know of what he is capable and such
+knowledge brings with it the conviction that society commits a greater
+crime than that which he has committed when it undertakes to punish him
+for his offence upon a principle of pure vengeance.</p>
+
+<p><span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span>"Vengeance is mine," saith the Almighty, "I will repay." Society is not
+God any more than is the individual, so that by acting in the collective
+capacity no additional plea of justification may be advanced.</p>
+
+<p>The endeavour of this book will be to show that the best interests of
+society are not served by the infliction of punishments which are
+essentially penal but by the accomplishment of the reform of the
+criminal. This latter process is for the criminal himself, infinitely
+more severe than the former, but it inflicts a pain which raises the man
+to a higher level; it is purgatorial, and not one which, being penal,
+leaves him a greater enemy to mankind than ever.</p>
+
+<p>The criminal is not excused for his wrong-doing, he is not regarded as
+an automaton, but simply as a creature of capabilities and possibilities
+which require the intelligent sympathy of his fellows in order that they
+may be properly developed.</p>
+
+<p>There are many persons who regard the reform of the criminal as an
+absolutely hopeless task and a waste of time to think over; they
+advocate his extermination. They would fling back to the Creator His own
+work as having, in their judgment, proved worthless, even mischievous.</p>
+
+<p>Dr Chapple is astounded that the existence, or at least the birth, of
+defectives should be allowed. It is, he says, due in a large measure to
+the tide of Christian sentiment which is to-day in full flood. The
+Christian does at least recognize that of every <span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span>defective God says,
+"take this child and nurse it for Me," but to speak of Christian
+sentiment being at its flood-tide to-day is surely not the speech of one
+who professes much belief in the future of Christianity.</p>
+
+<p>Dr Chapple preaches a Gospel for the defective, and his banner is the
+skull and cross-bones! Christian sentiment when at its flood-tide will
+have swept away all such emblems. In replying to Dr Chapple, I have
+endeavoured to show that his proposal touches but the fringe of the
+problem, and even there after an unscientific and immoral manner. There
+is room for a measure of surprise that Dr Chapple should have undertaken
+to write his book with such a scant knowledge of the facts as they
+really are.</p>
+
+<p>In presenting this little book to the public, the author does so with
+the hope that it may tend to restore the confidence in human nature that
+Dr Chapple has somewhat weakened, but also in some measure to inspire
+society towards greater collective ameliorative effort, in which our
+full confidence may unhesitatingly be placed. The author hopes that the
+criminal, a subject of patient study for the last ten years, will be
+seen in a somewhat new light. Criminologists declare the criminal to be
+seven-eighths of an average man. May society find in itself the ability
+and good-will to contribute the other eighth!</p>
+
+<p>Small as this volume is, it has required many communications with the
+old world, and the author's thanks are due to many students engaged upon
+the <span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span>study of this science in England and in the United States, and who
+have rendered him valuable assistance. Also, the assistance of many kind
+friends in New Zealand is gratefully acknowledged, and particularly that
+of Mr Alfred Grant, without whose aid the preparation of these sheets
+for the press would have been an almost impossible task.</p>
+<br />
+<br />
+<br /><a name="Chapter_II" id="Chapter_II"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span>
+<br />
+<h2>Chapter II.</h2>
+
+<h2>THE CRIMINAL.</h2>
+<br />
+
+<p>The popular mind draws little or no distinction between criminals. In it
+there exists the idea of a criminal caste, all the members of which are
+prepared to commit any and every act of a criminal nature. In the
+popular mind, although it is just a question whether a man is bad enough
+to commit the greater crimes, yet thieves, violators, swindlers, forgers
+and murderers are all assumed to fall into the same category. In one
+sense they do, that is, that they are all anti-social beings, or rather
+they all possess certain anti-social qualities; but as soon as we
+proceed further we find that there exists a very great distinction in
+criminals. Criminals are first classified according to the motive of
+their crime. This classication ranges them under five different
+headings, the political criminal, the occasional criminal, the criminal
+of passion, the instinctive criminal, and the habitual criminal or
+recidivist.</p>
+
+<p>Again they are classified, according to the nature of their crime, into
+thieves, robbers, violators, assassins, murderers, swindlers, etc. These
+again are sub-classified, e.g., thieves are classified as housebreakers,
+those who rob with violence, those who use weapons, those who rob from
+the person, and those who break safes. Murderers may also be <span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span>classified
+according to the nature of their murderous instinct, illustrated by the
+instrument of destruction that they employ, whether it be the knife,
+firearms, poisons or other means, and again a classification exists
+between those who commit murder themselves and those who employ agents.
+All these classifications are entirely different, and although some
+criminals may range under more than one heading, yet it is generally the
+case that a criminal adopts both a certain form of crime and also a
+particular method for carrying it into execution.</p>
+
+<p><b>The Political Criminal.</b>&mdash;This man's offence is not against morality
+but against the governmental institutions of the country. He holds
+advanced ideas upon matters of government and upon the constitution of
+society, and in his attempt to propagate these he becomes a political
+criminal. The political criminal, as distinguished from all other
+criminals, never commits violence, his morals may even approach
+perfection; but he holds "ideas," ideas which are not acceptable to the
+government under which he lives.</p>
+
+<p>The despotic rule of the Oriental countries is most favourable to the
+production of the political criminal: Russia and Germany are not without
+their representatives. Occasionally bands of political criminals are
+formed, and then, in the midst of demonstrations, unpremeditated
+violence may be committed. The Stundists and the Young Turkish Party are
+examples.</p>
+
+<p><span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span><b>The Occasional Criminal.</b>&mdash;"Economic conditions are generally
+responsible for the production of the occasional criminal. His crime is
+committed in order to satisfy his present wants. In him the sensual
+instincts may not be stronger than usual, and the social element, though
+weaker than usual, need not be absent. Weakness is the chief
+characteristic of the occasional criminal. When circumstances are not
+quite favourable he succumbs to temptation." (The Criminal, p. 18.) The
+occasional criminal is clearly a subject for educational treatment. He
+needs to cultivate greater power of self-control, to strengthen his
+moral sense, and above all to be thoroughly equipped for the battle of
+life. Imprisonment will frequently ruin him and be the cause of his
+becoming a confirmed or habitual criminal.</p>
+
+<p><b>The Criminal of Passion.</b>&mdash;He is generally of considerable culture and
+of keen moral sensibility. His crime proceeds from a sense of righteous
+indignation which, for the moment, completely blinds him. Personal
+insults cannot disturb his calm, but the sight of a child being abused
+or a defenceless one being attacked, will so infuriate him that he may
+even commit murder. Premeditation is never present, he acts under the
+powerful inspiration of the moment, and his crime is an isolated event
+quite unconnected with his conduct in general.</p>
+
+<p><b>The Insane Criminal</b>.&mdash;Insane persons who commit criminal acts, show
+rather a variation of insanity than of criminality. It would be more
+exact to <span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span>describe them as "criminal lunatics" than as "insane
+criminals." Two classes exist, a fact which is often overlooked, for
+there are both criminal-lunatics and insane-criminals. In the first
+case, criminality is the product of insanity, but in the second case
+insanity is the product of criminality. Not an hereditary product in
+either case, but a product resulting from a cause within the person's
+mental or moral self.</p>
+
+<p>The pronounced lunatic, the incapable, irresponsible person whose
+actions are beyond his power to understand or control, is regarded by
+society as a being too dangerous to be at large. Of him we do not here
+speak to any extent, he is too well recognized. It should always be
+borne in mind, however, that he commits crime because he is a lunatic,
+and that although his confinement is absolutely necessary, yet there is
+no warrant whatever that it should be made penal in character.</p>
+
+<p>Although it is not possible in a work of this kind to deal largely with
+the subject, the writer would urge upon the notice of society and upon
+the special notice of jurists that there are a number of persons whose
+crimes should excite for them the greatest sympathy instead of, as is
+the case, the greatest detestation. Men there are who, perfectly sane in
+the ordinarily accepted sense, and who have not only a clear conception
+of the immorality of their conduct, but also an intense abhorrence and
+shame for it, find themselves performing the most revolting acts under
+<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span>influences that are absolutely irresistible. The sensualist has no
+justification, but our laws are excessively cruel in their dealings with
+this class to which allusion is made. To be brief, no man charged with
+sadism (lust-murder) pederasty or the related crimes, should have his
+case made public until a most complete diagnostic examination (including
+his family and personal history) has been made by competent persons.</p>
+
+<p>A careful study of Krafft-Ebing's monumental work upon the subject
+should convince our lawyers that they could not proceed in these cases
+without the assistance of the alienist and of those who are experts in
+the diagnosis of the various forms of patho-sexualism. The cases of
+insane criminals, that is, of the criminals whose vice is the cause of
+their insanity, is also divisible into two classes. There is that
+uninteresting class who on account of their irregular, immoral and
+excitable life become insane, and there is another class. These latter
+frequently escape the penalty of their crimes. Insanity is disclosed and
+they have no criminal record, therefore they are discharged. It would be
+a nice point to decide whether and to what degree, if any,
+responsibility exists. To give an example not altogether uncommon&mdash;a man
+who will not brook opposition or hindrance of any sort. On every such
+occasion he cherishes most spiteful, even murderous, feelings towards
+his opponent. He would do him any injury, even go to the length of
+killing him, but he dare not.</p>
+
+<p><span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span>He will storm, abuse and threaten, but he dare not go further. He is
+avoided by his neighbours as being a most cantankerous fellow; he is
+always being involved in disputes. This man is undoubtedly criminal at
+heart and is cherishing anti-social feelings which are steadily growing
+in their intensity. Revenge becomes the almost dominating influence over
+his mind, but it is held in check by fear. At last fear gives way and
+there is no further restriction to the emotion of revenge, which then
+becomes supreme. At this climax insanity occurs and murder is committed
+synchronically. Morally the act was committed years previously, and it
+was by his own conduct in goading himself on to the climax that made it
+an actual fact. Subsequently, almost immediately, he may become rational
+again and retain consciousness of the deed and thoroughly understands
+its outrageous nature. He will not then express any regrets but will
+declare that his deed was perfectly moral. This man is as near a monster
+as we dare call any man, and should never be allowed to have his liberty
+restored to him.</p>
+
+<p><b>Instinctive Criminal.</b>&mdash;Called also the "born criminal" (Lombroso), or
+the "criminal by nature." The term "instinctive criminal" seems to be
+that growing most in popularity, possibly because there is less
+likelihood of it having to be modified by the results of further
+investigation.</p>
+
+<p>By the instinctive criminal is understood a man in whom the criminal
+instinct has gained a supremacy <span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span>over the social instinct. He is not
+only anti-social in deed but also in character. (It would be a mistake
+to term him anti-social in nature, for that would indicate that he was
+absolutely hostile to humanity. One, anti-social in character, is
+capable of betterment, and this is possible of every man.) Many causes
+operate to account for his production, some of them reaching far back
+into his ancestry. When this is the case some physical handicap is
+always present, such as e.g. cerebral irritation and epilepsy.</p>
+
+<p>In childhood the instinctive criminal may be recognised by an excessive
+vanity which will often tempt him to steal, the thefts being generally
+confined to articles of personal adornment or which give an occasion to
+"swagger." When accused he will deny the charge brought against him with
+an effrontery which will too often create the conviction that he is
+innocent. When charged he will challenge the statements of his superiors
+without any hesitation whatever, but at a given moment will break down
+and make a most free and perhaps disinterested confession. Frequently he
+is very emotional in behavior and simulates the deepest regret, although
+he is practically without any remorse whatever. He will undertake to
+perform the most afflicting tasks of penance in order to expiate the
+wrong and give every assurance for future good behaviour. Neither of
+which is of the least value.</p>
+
+<p>Onanism and a morbid love for sweets is an important characteristic. In
+the adult, laziness, <span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span>debauchery and cowardice are to be noticed. His
+signature is peculiar, involved and often adorned with flourishes. He
+loves to be credited with the performance of great achievements, and
+will tatoo medals upon his body or other symbols significant of
+greatness. The instinctive criminal generally complains that he is
+unfortunate, or that he has never had a chance, and that society is
+always contriving to keep him down.</p>
+
+<p><b>The Habitual Criminal, or the Recidivist.</b>&mdash;When once a man has fallen
+into the clutches of the law and been incarcerated it is very difficult
+for him to keep his self-respect. His first crime may present many
+features to indicate that he is more the victim of circumstances than
+well-defined ill-will. But having been convicted, he finds himself
+shunned by all but criminal society, and together with other influences,
+educational in character, he is frequently allured into a relapse. If a
+prisoner endeavours to behave himself in gaol and keep aloof from evil
+contagion, he is bullied by his fellow-prisoners, and even his keepers
+regard him with suspicion. The one twit him with being a white-livered
+coward, the other consider him to be either a sneak or a "deep fellow."
+He is almost sure to fall and identify himself with the ranks of crime.
+An instance that the writer has personal knowledge of is that of a man,
+passionate in nature, and moved by the tears of a young woman on behalf
+of her imprisoned lover, stuck up a small country gaol under arms and
+gained the release of <span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span>the imprisoned man. To escape the consequences he
+had to take to the "bush," and for two years he lived the life of an
+outlaw. He finally surrendered to the police and was condemned to death.
+As no personal injury had been committed and his manner of using his
+weapons shewed plainly that he did not contemplate any, his sentence was
+commuted to imprisonment for fourteen years, the first three to be spent
+in irons. At the end of that time the criminal habit was confirmed. For
+various offences he was sentenced at different times to periods
+aggregating in all to thirty years. After his last sentence had
+expired&mdash;six years ago&mdash;he began a new life and has not committed crime
+since. His whole career showed many redeeming points in it. This case is
+well-known to the New Zealand and Australian prison authorities.</p>
+
+<p>The number of criminals who are allured into relapse is computed by
+Orano to be 45 per cent of the whole.</p>
+
+<p>The distinction between the habitual criminal and the instinctive
+criminal is not merely an academical one but emphatically a practical
+one. Both are living the life of crime, and their acts may be, from an
+objective point, of exactly the same nature; but in the one case we have
+to deal with the criminal CHARACTER and in the other with the criminal
+HABIT. The distinction is first seen in the different ages at which each
+commences his criminal career; nextly in the different impelling causes.
+Again, the <span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span>emotions, ideas and methods show a distinction. All these
+variations are in the aggregate of considerable practical importance,
+especially in the assignment of prisoners for reformatory treatment.</p>
+
+<hr  />
+
+<p class="cen">THE CRIMINAL TYPE.</p>
+
+<p>Prof. Lombroso writing the introduction to Dr Arthur's "Criminology"
+says:&mdash;"This point as to the type, is scarcely recognized even by the
+most respectable savants. The reasons for this are many: above all,
+there are the criminals by occasion or by passion, who do not belong to
+the type and should not, for in great part it is the circumstances, and
+often the laws, which make them criminals and not Nature. And then some
+have strange ideas concerning the type."</p>
+
+<p>No doubt if the acceptation of the idea of type is carried out in its
+complete universality, it cannot be accepted; but as I have already said
+in my previous writings that it is necessary to receive this idea with
+the same reserve which one appreciates averages in statistics.</p>
+
+<p>When it is said that the average of life is 32 years, and that the month
+least (? most) fatal to life, is December, no one understands by this
+that all or almost all men should die at the age of 32 years and in the
+month of December; but I am not the only one to make this restriction.
+In order to show this I have to cite the definition which Monsieur
+Topinard, himself the most inveterate of my adversaries, gives in <span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span>his
+remarkable work "The Type," says Gratiolet, "is a synthetic expression."
+"The Type," says Goethe, is "the abstract and general image" which we
+deduce from the observation of the common parts and from the
+differences. "The type of a species," adds Isidorus St. Helaire, "never
+appears before our eyes but is perceived only by the mind." "Human
+types," writes Broca, "have no real existence, they are only abstract
+conceptions, ideals, which come from the comparison of ethnic varieties,
+and are composed of an <span class="smcap">ENSEMBLE</span> of characters common to a
+certain degree among themselves." I agree with these different points of
+view. The type is indeed an <span class="smcap">ENSEMBLE</span> of traits, but in relation
+to a group which it characterises, it is also the <span class="smcap">ENSEMBLE</span> of
+its most prominent traits, and those repeating themselves, whence comes
+a series of consequences which the anthropologist should never lose
+sight of either in his laboratory or in the midst of the populations of
+Central Africa." Manouvrier opposes Lombroso's theory and denies the
+existence of the type. He argues that if it exist at all it must be
+universal, whereas the peculiarities noted by Lombroso are present in
+honest as well as in criminal persons, the latter having, however, the
+greater proportion.</p>
+
+<p>The doctrine of Fatalism seems at first sight to be bound up in the
+acceptance of Lombroso's theory: but such is not the case. Lombroso
+himself declares that the type belongs to the born criminal only, and
+that the born criminal can be nothing more than an <span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span>epileptic;
+criminality being a neurosis. It would thus seem that the type was but
+the indication of an organic defect which physically or psychically
+rendered the subject unable to adapt himself to the social condition;
+but not that unchangeable ideas, contradicting pure morality, were
+innate. Lombroso goes no further than to state definitely that the type
+exists, and that there are very clear indications that a different type
+will be found to correspond with the different forms of criminality.
+That the peculiarities are found also in persons living honest lives,
+proves nothing against his theory. For instance, there are many persons
+of distinctly criminal instincts who are kept in the paths of honesty
+merely by circumstances; and again, scientific investigation has not yet
+completed its work, and while certain typical peculiarities may be noted
+in the criminal and in the non-criminal alike, it is more than likely
+that the type will be found to consist in different combinations which
+will be discovered to exist in the criminal (not necessarily, the
+convict) exclusively. Or the type may consist in the peculiarities plus
+expression. The following typical peculiarities have been noticed by
+different criminologists:&mdash;</p>
+
+<p><b>The Cranium.</b>&mdash;The more frequent persistence of the metopic or frontal
+suture. The effacement, more or less complete, of the parietal or
+parieto-occipital sutures in a large number of criminals. The notched
+sutures are the most simple. The frequency of the wormian bones in the
+region of the median and in <span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span>the lateral posterior frontal. The backward
+direction of the plane of the occipital depression. (Dr A. Corre.)</p>
+
+<p>Feeble cranial capacity; heavy and developed jaw; large orbital
+capacity; projecting superciliary ridges; abnormal and assymetrical
+cranium; the presence of a median occipital fossa. (Lombroso.)</p>
+
+<p><b>The Face.</b>&mdash;Scanty beard; abundant hair, prognathism, thick lips, dull
+eye, lemurian appendix to the jaw, pteleriform type of the nasal
+opening, projecting ears, squinting eyes, receding forehead and deformed
+nose. "Those guilty of rape (if not cretins) almost always have a
+projecting eye, delicate physiognomy, large lips and eyelids, the most
+of them are slender, blond and rachitic. The pederast often has feminine
+elegance, long and curly hair, and even in prison garb, a certain
+feminine figure, delicate skin, childish look, and abundance of glossy
+hair parted in the middle. Burglars who break into houses have as a rule
+woolly hair, deformed cranium, powerful jaws, and enormous zygomatic
+arches, are covered with scars on the head and trunk, and are often
+tatooed. Habitual homicides have a glassy, cold, immobile, sometimes
+sanguinary and dejected look; often an aquiline nose, or, in other
+words, a hooked one like a bird of prey, always large; the jaws are
+large, ears long, hair woolly, abundant and rich (dark); beard rare,
+canine teeth, very large; the lips are thin. A large number of swindlers
+and forgers have an artlessness, and something clerical in their manner,
+<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span>which gives confidence to their victims. Some have a haggard look, very
+small eyes, crooked nose, and the face of an old woman." (Dr MacDonald,
+page 40.)</p>
+
+<p>The following proverbs, collected by Lombroso, show the recognition in
+the popular mind of the criminal type:&mdash;"There is nothing worse than a
+scarcity of beard and no colour." "Pale face is either false or
+treacherous." (Rome.) "A red-haired man and a bearded woman greet at a
+distance." (Venice.) "Be thou suspicious of the woman with a man's
+voice." "God preserve me from the man without a beard." (France.) "Pale
+face is worse than the itch." (Piedmont.) "Bearded women and unbearded
+men, salute at a distance." (Tuscan.) "Men of little beard of little
+faith." "Wild look, cruel custom." "Be thou suspicious of him who
+laughs, and beware of men with small twinkling eyes." (Tuscan.)</p>
+
+<p>It must be remembered that while physiognomy gives valuable hints it is
+by no means absolutely certain. Further investigation may add materially
+to its value. It is also to be remembered that habits play an important
+part in the physiognomy. So much so is this true that it has been said
+of the reformed criminals from Elmira, that their faces have changed.</p>
+<br />
+<br />
+<br /><a name="Chapter_III" id="Chapter_III"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span>
+<br />
+<h2>Chapter III.</h2>
+
+<h2>THE CAUSES OF CRIME.</h2>
+<br />
+
+<p>In investigating the causes of crime we have first to understand what we
+mean by the word "Crime," and also what we describe by the term
+"Criminal."</p>
+
+<p>Crime may be regarded both objectively and also subjectively, i.e., as
+regards the deed itself and as regards the doer of the deed. In the past
+it was customary to consider the crime only and to punish the doer, or
+the criminal, according to the enormity of his deed. Scientific methods
+require, however, that we should study the criminal and ask ourselves
+"what is he?" and "of what forces is he the product?" If these questions
+can be satisfactorily answered, then society is better enabled to arm
+herself against his invasion, in fact having successfully diagnosed his
+case she may be led on to discover the means whereby criminals may be
+reduced to their irreducible minimum, both as regards number and as
+regards their capacity for doing harm.</p>
+
+<p>Man has two natures, the animal and the spiritual. The animal is the
+passive product of Nature, the forces of his development being guided
+and restricted by the condition of the life in which he is born and
+reared. To this animal nature belongs the natural appetites, passions,
+faculties and senses. This nature is not sufficient in itself, and its
+realisation cannot be <span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span>accomplished until it is brought into complete
+subordination to the higher or spiritual nature. The function of this
+spiritual nature is to subordinate the animal nature by harmonising and
+controlling it, and it finds its partial realisation in the institutions
+of family, church and state; and its ultimate realisation in the
+heavenly counterparts of these. Thus subordinating the animal nature, it
+develops the powers of man's natural inheritance along their true line
+of advance and brings him steadily nearer the goal of perfect manhood.</p>
+
+<p>When, however, the spiritual influence is not exercised and man resigns
+himself to the uncontrolled influences which spring from his lower
+nature, he rapidly degenerates. Socially, this degeneracy is noticed by
+its process of gradually loosening, and finally severing the ties which
+bind man to his race. He becomes an unsocial being and ceases to
+contribute to the wealth, peace or establishment of society. His desire
+for society is regulated by his capacity to draw from it the
+satisfaction of the abnormal appetite of unregulated passion. In this
+mood he totally disregards the laws of society and seizes every
+opportunity that presents itself to prey upon it and he thus becomes an
+anti-social being. Through all ages up to the present, society has at
+the cost of much effort and suffering been progressing, stage by stage,
+towards a higher order. Each advance purchased at such a price, becomes
+a free gift, by inheritance, to the next generation, and from this
+inheritance still <span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span>further progress may be made. It is quite possible
+that in a dissolute age retrogression may set in and the ground be lost,
+in which case its recovery becomes the arduous task of a succeeding
+regenerate age.</p>
+
+<p>With each advance that it makes society embodies in its institution the
+principles of social life such as it has been able to discover them.
+These principles being finally accepted, we must assume that they are
+eternal or else we are compelled to admit that society may be for ever
+at fault, that its development does not correspond with the true
+development of man, and that this present life is in no wise preparatory
+for a future. Though we declare that the principles of society are
+eternal, the social institutions which embody them are merely temporal,
+and may change with time and circumstances. They are, nevertheless,
+binding upon our allegiance, and any attempt to overthrow them becomes
+the anti-social act of the criminal and is a punishable offence. The
+criminal is an enemy to social advance. He profanes that which society
+holds sacred, he scatters that which society, at great cost has
+acquired, and he attacks society at its most vulnerable points.</p>
+
+<p>What, then it may be asked, are the causes that produce this anti-social
+being? In the case of the sane criminal, an immoral basis underlies all
+causes, and without this they would each and all be impotent. Some
+causes, as e.g. alcoholism, are the result of the individual's
+immorality; others again are independent.</p>
+
+<p><span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span>The principal causes are:&mdash;A bad ancestry (heredity), bad domestic and
+social conditions, alcoholism, imitation, and stress of circumstances.</p>
+
+<p><b>Heredity.</b>&mdash;Among unscientific people there are many extravagant
+theories held, some even affirming that from the moment of conception a
+child's character may be determined as criminal, as if character
+underlay habit instead of habit evolving character.</p>
+
+<p>It is therefore necessary that we should endeavour to discover if
+possible how far the influence of heredity extends, and especially to
+disclose its powers as a factor influencing conduct. A man may be seen
+to have the same peculiar carriage and gait as his father; but to argue
+from that, that he will in obedience to a naturally transmitted impulse,
+follow in his father's footsteps as a thief or a forger is to step
+entirely out of the bounds of science. Gait and carriage belong to a
+different sphere altogether from morals and conduct. But let it be at
+once acknowledged that the morals and conduct of any given ancestry show
+a tendency to be reproduced in the posterity. The drunkard is the father
+of drunkards; the suicide is the father of suicides, and the parent's
+crime is repeated by the child. Not in all cases is this by any means a
+fact: but in a sufficient number to exclude the possibility of
+coincidence accounting for them all, and to demonstrate conclusively
+that some influence must be at work connecting the deeds of the
+progenitor with those of his offspring. What is this influence? Can <span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span>it
+be at once declared to be the influence of heredity? The most usual way
+of determining this question is by the process of exclusion. If
+environment, education, imitation and other causes do not account for
+the phenomena, then heredity must. Heredity thus becomes a convenient
+name by which to denominate the insolvable. Sometimes the denomination
+is correct and sometimes incorrect, and very often, even when correct,
+it conveys a wrong impression. The impression being that the influence
+of heredity is altogether irresistible and also ineradicable.</p>
+
+<p>Now, whatever the influence of heredity may be, it must be determined
+scientifically and not merely guessed at. Nor must the failure to find
+an adequate cause for a certain crime be a sufficient reason for
+accounting heredity as responsible. Heredity has limits to its range of
+influence as well as any other cause for crime, and it may be found that
+there are certain fears which it can never invade. For instance, one
+sphere wherein its influence is manifestly great, is in the structure of
+the nervous, osseous, muscular, circulatory and vascular systems. Again,
+what is more common than to find intellectual ability running in
+families? Ribot, in his work on heredity, gives long lists of the
+world's most famous poets, artists, musicians, statesmen and soldiers,
+all showing the tendency of ability, in these various directions, to be
+transmitted from one generation to another. Not always to the generation
+immediately succeeding, for sometimes these various qualities disappear
+in the son <span class='pagenum'><a name="Page_33" id="Page_33">[Pg 33]</a></span>to reappear in the grandson or great-grandson. However,
+convincing the evidence for transmission in these cases may be, it gives
+no warrant whatever for the conclusion that heredity may exercise an
+influence upon the <span class="smcap">MORAL</span> conduct of man.</p>
+
+<p>Let it here be observed that the Moral Law is fundamental to all law. No
+laws in Nature ever contradict the Moral Law, but are always found
+acting in obedience to it. All the works of God are in accord with this
+Law; God is the Moral Governor of the Universe. Therefore whatever may
+hold good with all other laws, does not necessarily hold good with this
+Law. That a man should inherit his father's intellectual qualities is
+then no argument that he should also inherit his father's immorality.
+Nothing less will suffice than distinct evidence that he HAS inherited
+his father's immorality.</p>
+
+<p>A further observation is necessary, and that is, that morality is not
+absolute but relative. Strictly speaking, no man is moral. God alone is
+absolutely moral. Nor can we compare the morality of one man with the
+average morality of mankind in general. To estimate a certain man's
+morality of conduct we must compare his conduct with the degree of the
+sense of responsibility which exists within him, and also his power of
+control over his conduct. The murderous act of a lunatic for instance is
+an immoral act, because we compare the act with morality in the
+abstract; but it would be a mistake to call the lunatic an immoral man,
+for the simple reason that he had <span class='pagenum'><a name="Page_34" id="Page_34">[Pg 34]</a></span>no control over his conduct and was
+therefore not responsible for it.</p>
+
+<p>Take the case of the drunkard. A certain drunken father has several
+drunken sons. The influence of environment, of education, or of
+imitation, we will suppose to be excluded. Is heredity the cause, and if
+so, has it invaded the moral sphere? The influence of the father's
+drunkenness is first made manifest in his own nervous system. The nerve
+centres become clogged and poisoned and fail to discharge their
+functions with the same healthy activity as formerly. The nervous system
+degenerates, and the consequence of this degeneracy is the production of
+that form of irritation within the system which we call the craving for
+drink, and which requires alcohol for its immediate satisfaction. The
+man will admit that he has no liking for the taste of drink; but
+declares that he is in a certain state of unsettlement which can only be
+overcome by the use of liquor. A temporary calm is induced, only to be
+followed by a more intense irritation or unsettlement afterwards, and
+thus a circle of cause and effect is at once described.</p>
+
+<p>This is then the degenerate state of the father's nervous system. Now,
+it is undoubted that he may transmit this same degenerate nervous system
+to his offspring and thus as his children grow up it is not to be
+wondered at if the same craving for drink is to be found in them as was
+existing in their parent. The influence of heredity has been at work
+upon the nervous system. Has its influence been restricted to this
+<span class='pagenum'><a name="Page_35" id="Page_35">[Pg 35]</a></span>system, or has it invaded the moral sphere? The children's conduct is
+immoral, for no amount of argument can determine drunkenness to be
+anything else: but are the children themselves immoral? They are not
+immoral so far as they are acting in obedience to an impulse which is
+irresistible. The drunkard who is himself responsible for his habit, is,
+strictly speaking, an alcoholic and is vicious and degraded. The
+drunkard who drinks in spite of himself is, strictly speaking, a
+dipsomaniac, and is diseased and insane. The alcoholic may become the
+dipsomaniac; but the child who is the victim of a transmitted taint is
+without doubt a dipsomaniac and not an alcoholic. He is insane. It may
+not be an incurable form of insanity; nor need it be a very acute form;
+but insanity it is, and therefore he cannot be called an immoral man
+because he drinks, although he is guilty of immoral conduct. Heredity
+has not invaded the moral sphere. It has given the man a diseased
+nervous system, which, while weakening his will, has not perverted it.
+Thus it is seen then that if any effort is to be made for the reform of
+the dipsomaniac, the direct influence of heredity must be overcome by a
+course of treatment which would be addressed to the nervous system.
+Treatment which shall draw out the alcoholic poison and which shall
+quicken and invigorate the nerve centres. When the influence of heredity
+is discovered to be restricted within these limits, the case of the
+hereditary dipsomaniac becomes far less <span class='pagenum'><a name="Page_36" id="Page_36">[Pg 36]</a></span>hopeless than it appeared at
+first sight, and it is for this reason that the causes of crime should
+be thoroughly investigated. To moralise to the dipsomanic is but lost
+effort, one may as well abuse a driver for not stopping his bolting
+horses. Some reformatory schemes have trusted entirely to moral
+agencies, and their failure has been quoted as evidence that all such
+schemes are futile. But their failure has been due to an entirely wrong
+conception of the cause of crime. The primary cause is undoubtedly a
+reprobate will: but this cause is not found in every case. Where the
+consequences of the parent's conduct has been inherited we find not the
+primary, but a secondary cause, such as e.g. a diseased nervous system.
+Sometimes both the primary and the secondary causes exist side by side,
+and then treatment must be addressed to both the will and to the
+physical system. In fact whatever methods of treatment are employed, the
+moral temperament must not be neglected, for even if the will be not
+perverted, it is considerably weakened and needs strengthening.</p>
+
+<p>The case of the sensualist is somewhat similar to that of the drunkard.
+Ribot quoting Prosper Lucas, gives the example of a "man cook, of great
+talent in his calling, has had all his life, and has still at the age of
+sixty years, a passion for women. To this he adds unnatural crime. One
+of his natural sons living apart from him does not even know his father,
+and though not yet quite nineteen, has from his childhood given all the
+signs of extreme lust, and strange <span class='pagenum'><a name="Page_37" id="Page_37">[Pg 37]</a></span>to say, he, like his father, is
+equally addicted to either sex." (Ribot; Heredity p. 89.)</p>
+
+<p>The fact that this son imitated his father's vices at an early age, is
+not sufficient in itself to assign the cause to heredity. Nor does the
+fact that he was separated from his father's influence or example,
+strengthen the assignment beyond dispute. The causes for such conduct
+are so common that very few men escape from their influence, and
+whosever does not resist them, falls and becomes a victim. But probably
+this was a case in which an inherited influence pressed itself so
+strongly upon him as to become irresistible. What, we ask was inherited?
+A perverted will? That is absolutely impossible. A perverted will is the
+outcome of a deliberate choice of evil when the choice of virtue is
+equally possible. A weakened will, or a will subject to heavy stress is
+a different thing. There must be some stress upon the will. What is it?
+It is a well known fact that the exercise of the members of our body
+results in a great facility of movement being attained. The pianist can,
+after long practice, execute rapid and complex performances of
+fingering, which in the early stages of education were absolutely
+impossible. It is because the nerve centres controlling the muscles
+employed have been brought to such a high state of activity that they
+operate almost independently of the will. The nerve centres controlling
+certain of our functions DO operate independently of the will. Breathing
+is an example, and although an effort of <span class='pagenum'><a name="Page_38" id="Page_38">[Pg 38]</a></span>the will is required to
+correct bad breathing, yet when once the habit of correct breathing is
+established, the directing influence of the mind ceases, and the nerve
+centres discharge their functions automatically.</p>
+
+<p>In the normal man the sexual instinct is inherited but the passion is
+submissive to the control of the will. The will is supreme and
+self-restraint is always possible. The immoral man has refused to
+exercise this restraining power, he has, in fact, by his immoral
+thoughts, lent his mind to the strengthening of the passion until it has
+gained an ascendancy. Continual sexual excitement has resulted in the
+nervous centres controlling the sexual organs becoming so powerfully
+developed as to act almost automatically, and independently of the will.
+In the normal man, sexual excitement results upon the mental vision; in
+the sensualist the excitement precedes the vision. Another effect is
+noticed in the physiognomy which changes in accordance with the
+development of the nerve centres and presents all the appearances of the
+typical sensualist or prostitute.</p>
+
+<p>In some cases the sensualist transmits this highly organised or
+disordered nervous system to his descendants, and consequently when they
+arrive at a certain age they find their bodies invaded by a passion over
+which they have small, and sometimes no, control. It is distinctly a
+case of functional insanity with them. Their will power is weak because
+of undue stress, but it has not been perverted. Perversion may follow;
+<span class='pagenum'><a name="Page_39" id="Page_39">[Pg 39]</a></span>but may also be avoided, and even the will sufficiently strengthened so
+that it may re-assume control and subject the passion to control. The
+influence of heredity is here also confined to the nervous system. That
+is, the direct influence, the influence which was first felt and before
+it received any support which the mind of the victim may give it. The
+cases of hereditary suicides, murderers and assassins afford a very
+large field for investigation, and we cannot do more than suggest some
+causes which seem to give strong evidence of their existence. These
+causes if their existence be allowed, and we see every reason that it
+should, will restrict the influence of heredity to a much narrower
+sphere than is popularly supposed. The old story of the devil preaching
+upon the horrors of hell serves somewhat to illustrate our meaning. When
+the abbot enquired whether it was not contrary to his interests to draw
+so vivid and terrible a picture he replied in the negative and gave as
+his reason that the man who contemplated the horrors of hell was the man
+who was bound to find his way there.</p>
+
+<p>The contemplation of criminal acts effects a strange fascination upon
+the mind and very often induces imitation of the same acts. When a
+suicide or murder, in fact any crime, is committed by a member of a
+family the other members either, according to their moral disposition,
+experience a greater or lesser repulsion for the deed than they formerly
+possessed. The enormity of the deed is either stronger or lesser <span class='pagenum'><a name="Page_40" id="Page_40">[Pg 40]</a></span>in
+their eyes than before. In the latter case, murder or suicide does not
+seem nearly so heinous a crime when it is brought so closely under their
+notice. The very knowledge that a father or uncle or any other near
+relative, or even friends for that matter, committed suicide, makes the
+act appear far less terrible, and also far less impossible for
+themselves. Most men have at some time or another an impulse to destroy
+themselves, it may not be very strong; but if it is felt at a time when
+the circumstances of life are unfavourable and, if added to this, there
+is presented the example of a suicide very near at home, the impulse is
+undoubtedly strengthened. The whole chain of circumstances seem to
+direct the vision upon the rash act of the friend or relative, until at
+last the vision becomes fascinating, and the act is imitated. To use a
+concise expression one may call this the "hypnotic power of
+circumstances." It is not an absolute cause in itself; but, strictly
+speaking, may we call any cause absolute? It is not a cause which would
+influence a man of strong will or of sound morality. But a sentimental
+person, one of morbid ideas, weak will, or overcome by the thought of
+detection, or the fear of misfortune, might easily fall a victim to its
+influences. It will not account for all the cases of hereditary suicide,
+for a mental disease may be transmitted which would account for the
+suicide of both father and son or whatever the combination may be. It,
+however, does account, we believe, for the majority of the cases, and
+the <span class='pagenum'><a name="Page_41" id="Page_41">[Pg 41]</a></span>similarity of the method employed strengthens this belief, for it
+indicates that the mind is dwelling upon the actual vision of the
+relative's suicide, and is not merely contemplating suicide in the
+abstract. This theory would imply that any case of suicide, upon which
+the mind would dwell and concentrate itself, would exercise the same
+influence, and this is the case. A few years ago in Dunedin an
+accountant who was involved in financial difficulties, shot himself with
+a pistol. His executor, against the advice of friends, took charge of
+the pistol. Becoming involved in financial difficulties himself, he too
+committed suicide by shooting himself with the same weapon! Almost,
+without a doubt, we may say that the circumstances of the first suicide
+exerted upon the mind of the trustee a hypnotic influence which combined
+with and gave the final impulse to the other contributing causes of his
+act.</p>
+
+<p>Another instance is that of a young man who, contemplating suicide,
+carried a revolver about with him for a whole day. He spoke of suicide
+to his friends, occasionally discharged shots into the ground, and
+finally, during the evening, blew his brains out. That he contemplated
+suicide was evident from his conversation, but that his mind was not
+made up, is also evident from the delay he occasioned. In fact, his
+whole behaviour indicates a faint desire to cling to something stronger
+than himself in order to brace himself against his haunting fears. The
+revolver fascinated him. He dallied with <span class='pagenum'><a name="Page_42" id="Page_42">[Pg 42]</a></span>it, made up his mind, changed
+it again, and finally the influence became supreme for a moment, and he
+fired the fatal shot. Throughout the day, he very probably thought of
+the grief of his relatives and of the young woman he was soon to marry,
+he pictured the consternation of his friends, read the newspaper
+accounts of his act, saw his funeral, and let his mind run altogether in
+morbid channels. Thus it was that the vision of his own act exerted an
+hypnotic influence upon him which became at the critical moment supreme
+and irresistible.</p>
+
+<p>When the picture is real and not imaginary, and when the circumstances
+of a parent's or brother's or friend's suicide may easily be recalled
+and the mind allowed to dwell upon them, how much greater would the
+influence become, especially when the same example has served to
+diminish the idea of the enormity of the act. Where persons lend
+themselves to the idea that an hereditary influence exists and may
+spring upon them at any moment, they are almost sure either to destroy
+themselves or else to develop some form of insanity. There are cases of
+murder and assassination (apparently hereditary crime) where the
+conditions are so similar that the hypnotic power of circumstances may
+likewise be urged as sufficient cause.</p>
+
+<p>So far, an attempt has been made to show that whatever the influence of
+heredity may be, it is restricted outside the sphere of morality. It
+cannot transmit an <span class="smcap">IMMORAL IDEA</span>. So far as certain forms <span class='pagenum'><a name="Page_43" id="Page_43">[Pg 43]</a></span>of
+vice and crime are concerned it most probably is limited entirely to its
+effect upon the physical structure of man. Combined with family
+tradition and working upon a diseased, or weakened will, it accounts for
+similarities of conduct. Suicides, murderers and assassins do not then
+receive by transmission from their ancestry any taint or tendency which
+may be called the direct cause of their crime. Another factor is
+present, a hypnotising power, and this is the final and directing power.
+It is a different influence to imitation, although its first result is
+the same, viz: the lowering of the moral idea. But crimes where the act
+is the imitation of another person's act are generally committed from
+the desire to become notorious and to be the centre of observation. The
+spirit of vanity, very strong in the low type, is appealed to and
+aroused. Or perhaps, the example of another's crime affords a suggestion
+for the method of accomplishing a certain desired end. On the other
+hand, the ancestral example, after having broken down the moral barrier
+depends entirely upon its power to fascinate. Those of weak will or
+guilty conscience, alone succumb to its influence. If we consider the
+cases of thieves, vagabonds and paupers we find their crimes and vices
+likewise running in families. It is nevertheless quite a mistake to jump
+at the conclusion that heredity accounts for all these coincidencies.
+Exempting all cases of transmitted mental alienation and observing only
+those who are quite responsible for their action, it is impossible to
+<span class='pagenum'><a name="Page_44" id="Page_44">[Pg 44]</a></span>suppose that there is, somewhere in their organism, a power which will
+direct their lives into the channels of vice or crime just as
+irresistibly as the influence which makes the hair grow on the crown of
+their heads. It is unthinkable. It supposes a responsible person who
+cannot control himself. Which is a contradiction.</p>
+
+<p>M. Moleschott, at the International Congress of Criminal Anthropology
+held in Paris in 1889, "mentioned an influence towards crime that had
+not been noticed, to wit, the hereditary social influence, or that is,
+the tradition which is instilled into the mind of every child before he
+knows the difference between right and wrong, that by which he obtains
+the rudiments of his knowledge of right and wrong. Whether it be correct
+or not it is the child's standard. He gets it not from any knowledge of
+theory of justice, but from the tradition of his own neighbourhood, as
+it is taught by his parents and associates by the people, and as is
+believed by them." (Criminal Anthropology; the Smithsonian Report for
+1891.)</p>
+
+<p>It will be understood that the influences of which M. Moleschott speaks
+are not of an hereditary nature, that is, they are not transmitted
+through the blood; but they are influences which are present from the
+first moment of consciousness. They are quite sufficient to account for
+the criminal type being found in the physiognomy of a person born and
+reared among such surroundings. It is a very popular error to suppose
+that a person's physiognomy never changes, and <span class='pagenum'><a name="Page_45" id="Page_45">[Pg 45]</a></span>therefore that if the
+criminal cast of countenance is seen it must be a faithful witness to
+some innate depravity transmitted from an ancestry. The expression plays
+such an important part in the moulding of the countenance, that of two
+brothers very much alike in youth, one, afterwards given to crime, will
+still retain his resemblance to his brother; but will display the
+criminal type as well. It is thus that we have the different types in
+murderers, assassins, thieves, swindlers and sensualists. They are all
+criminal or vicious but their forms of criminality and vice are so
+diverse that a different expression results from the different kinds of
+thought passing through their minds. In their theories, few people
+acknowledge that the symmetry of the facial features may change, and yet
+it is a matter of common observance that they do. In the cases of
+persons becoming insane or persons who have suffered from long and
+painful illnesses it is very remarkable. Likewise in the case of the man
+who has fallen into crime, it is also most noticeable. Of course there
+are limits to the changes which the expression may produce, but these
+changes are nevertheless very great and sufficiently so, not perhaps to
+produce Lombroso's type in any given face, but to give that face at
+least a distinctly criminal cast.</p>
+
+<p>The appearance then of this criminal cast upon the features is not
+sufficient evidence to account for an inherited tendency towards crime.
+Dr Manouvrier insists that Lombroso's theory that the criminal is <span class='pagenum'><a name="Page_46" id="Page_46">[Pg 46]</a></span>born
+and not made is based upon the exploded science of phrenology, and
+declares that all the anatomical distinctions and physicological
+characteristics quoted by Lombroso are to be found among honest men as
+well as among criminals. The fact that a greater proportion are found
+among criminals to his mind proves nothing.</p>
+
+<p>[There is not vast difference between normal and abnormal persons
+possessing these peculiarities. In Lombroso's work "The Female Offender"
+he notices:&mdash;</p>
+
+<div class="centered">
+<table border="0" width="70%" cellpadding="2" cellspacing="0" summary="Receding">
+  <tr>
+  <td class="tdl" width="39%">&nbsp;</td>
+  <td class="tdc" width="22%">Normal Women</td>
+  <td class="tdr" width="17%">&nbsp;</td>
+  <td class="tdc" width="22%">Criminal Women</td>
+  </tr>
+  <tr>
+  <td class="tdl">Receding foreheads</td>
+  <td class="tdc">&nbsp;&nbsp;8&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">11&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Enormous lower jaws</td>
+  <td class="tdc">&nbsp;&nbsp;9&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">15&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Projecting cheek bones</td>
+  <td class="tdc">14&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">19.9 per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">&nbsp;</td>
+  <td class="tdc">&nbsp;</td>
+  <td class="tdr">Murderesses</td>
+  <td class="tdc">30&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Projecting ears</td>
+  <td class="tdc">&nbsp;&nbsp;6&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">&nbsp;&nbsp;9.2 per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Flat nose</td>
+  <td class="tdc">40&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">Thieves</td>
+  <td class="tdc">20&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+</table>
+</div>
+
+<p>Gradenigo (quoted by Lombroso) gives the following table showing the
+peculiarities of the ears of 245 criminals as compared with 14,000
+normal women:&mdash;</p>
+
+<div class="centered">
+<table border="0" width="70%" cellpadding="2" cellspacing="0" summary="Normal">
+  <tr>
+  <td class="tdl" width="50%">&nbsp;</td>
+  <td class="tdc" width="24%">Normal</td>
+  <td class="tdr" width="2%">&nbsp;</td>
+  <td class="tdc" width="24%">Criminal</td>
+  </tr>
+  <tr>
+  <td class="tdl">Regular external ear</td>
+  <td class="tdc">65&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">54&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Sessile ear</td>
+  <td class="tdc">12&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">20&nbsp;&nbsp;&nbsp;&nbsp; per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Scaphoid fossa prolonged to lobe</td>
+  <td class="tdc">&nbsp;&nbsp;8.2 per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">21.2 per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Projecting ears</td>
+  <td class="tdc">&nbsp;&nbsp;3.1 per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">&nbsp;&nbsp;5.3 per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Prominent anti-helix</td>
+  <td class="tdc">11.5 per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">14.2 per cent.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Darwin's tubercle</td>
+  <td class="tdc">&nbsp;&nbsp;3&nbsp;&nbsp;&nbsp; per cent.</td>
+  <td class="tdr">&nbsp;</td>
+  <td class="tdc">&nbsp;&nbsp;2.9 per cent.</td>
+  </tr>
+</table>
+</div>
+
+<p>Other anthropometrists notice different proportions.]</p>
+
+<p><span class='pagenum'><a name="Page_47" id="Page_47">[Pg 47]</a></span>If Lombroso's theory, that a man was born a criminal, was to be taken as
+the rule, Manouvrier declares that it must then be universal, and that
+men thus born must inevitably commit crime. If it be a rule then it must
+operate in all classes, and since it does not so operate, proof is given
+that it is not the rule. Manouvrier declares that the man possessed of
+characteristics the very opposite of Lombroso's criminal, if subjected
+to the conditions, influences, and temptations, which lead to crime
+would as likely commit crime as he who possessed all the characteristics
+which Lombroso describes as typical. Manouvrier regards the social life
+of a person from childhood as being the most important factor in
+moulding character. He emphatically denies that there is in the embryo a
+predisposition to crime. Dr Magnan likewise refuses his assent to this
+theory.</p>
+
+<p>It may be rather daring to suggest a theory which would reconcile the
+differences between these eminent men: but as the facts presented by
+each side are indisputable, some such reconciliation must exist.
+Possibly if we interpret Lombroso's phrase, "inherited tendency towards
+crime" or "predisposition towards crime" in the same way as we interpret
+the term ("predisposition towards disease") when speaking of tubercular
+persons (or, as Mercier speaks of the insane), that is as persons, who
+in a given favourable environment, are more likely to commit crime than
+persons without that inherited tendency, we may find these theories to
+be more in accord with <span class='pagenum'><a name="Page_48" id="Page_48">[Pg 48]</a></span>one another. Lombroso insists that there must be
+an inherited tendency, Manouvrier insists that there must be
+environment. As in the case of tubercular persons (of tubercular
+ancestry) these two causes are complementary, may it not be also the
+case with criminals of criminal ancestry? The <span class="smcap">INHERITED IMMORAL
+IDEA</span> seems to be really what Manouvrier rejects. A vicious
+conception of life which makes the man inevitably, incurably, and
+irresistibly a criminal, is apparently the interpretation he puts on
+Lombroso's theory. But from Lombroso's works and speeches, the
+interpretation does not appear to be at all a necessary one. The
+transmission of a disordered nervous system with its consequences, as
+one cause, the "hypnotic influence of circumstances" as another cause,
+and these two causes acting sometimes separately and sometimes
+conjointly, will very possibly account for the phenomena Lombroso
+observes. A most important factor, and one which cannot be disregarded,
+compels the acceptance of some such theory. This factor is the success
+resulting from reformatory effort. It is not only Lombroso and
+Manouvrier that need to be reconciled, but Lombroso, Manouvrier and
+Brockway. This latter gentleman is the founder of the famous Elmira
+Reformatory which has reformed 82 per cent. of 12,000 felons which have
+been committed to it for treatment.</p>
+
+<p>We come then to this conclusion that heredity plays an important part in
+the production of the criminal; but that there are other very important
+factors <span class='pagenum'><a name="Page_49" id="Page_49">[Pg 49]</a></span>which are often confused with it and when separated from it
+reduce the popular estimate of its influence to the scientific one,
+which is considerably the lesser one. Furthermore, as a consequence of
+this investigation, the true foundations upon which reformatory science
+is to be built are clearly indicated.</p>
+
+<p>This statement, that heredity plays an important part in the production
+of the criminal, needs to be carefully guarded. It means precisely this
+and nothing more:&mdash;That where an hereditary influence (such as above
+described) making crime easier, has been transmitted, there that
+influence is an important factor in the production of the criminal. It
+does NOT mean that this influence is invariably transmitted by the
+criminal parent, neither does it mean that the majority of criminals are
+"born" criminals.</p>
+
+<p>The following is an extract from a letter upon this subject which the
+author has received from Dr. Arthur MacDonald, one of the leading
+criminologists of to-day:&mdash;"There is no proof of any scientific value
+that criminality is inherited." By criminality we understand "the moral
+basis of crime."</p>
+
+<p>The famous "Jukes" family that lived in the State of New York, afford
+one of the most interesting studies in heredity to be found in the
+annals of criminology. Of this numerous family (some 709 persons of
+which were clearly traced in five generations) the elder sons took to
+crime and the younger sons to vagabondage. There was indeed a proportion
+of honest and industrious persons among them. Of the <span class='pagenum'><a name="Page_50" id="Page_50">[Pg 50]</a></span>women 52 per cent.
+were prostitutes. That a proportion of honest men among the sons, and a
+fair number of virtuous women among the daughters is recorded, clearly
+proves that an hereditary taint is not, in all cases, necessarily
+transmitted from parent to child. Latency in one generation, with
+activity in the next, is frequently observed in the transmission of
+disease; but in the case of crime, as distinguished from vice, this is
+rarely so.</p>
+
+<p>That the younger sons of the "Jukes" family fell into habits of
+vagabondage (leaving it to the elder sons to carry on the criminal
+traditions of the family) is also worthy of notice. It serves to show
+that whatever the influence of heredity may be, as a factor disposing
+towards crime, it cannot be an independent and final factor. In families
+living after a primitive manner of life, as this family did, the elder
+sons are invariably the companions of their fathers and accompany them
+on their depredatory raids. The younger sons are left to the milder
+environment of their mother's society. Thus from a criminal point of
+view, the environment of the elder sons is more intense than that of the
+younger sons. The difference in environment accounts for the difference
+in character formed; the more intense environment accounting for
+criminals and the milder environment for vagabonds. Sometimes the
+influence of environment is overcome, and we noticed that among the
+"Jukes" a proportion of the family was honest and industrious.
+Acknowledging the transmission of a <span class='pagenum'><a name="Page_51" id="Page_51">[Pg 51]</a></span>physical defect from a criminal
+ancestry, we must bear in mind that the conditions of the criminal's
+life are such as are calculated to produce in himself that defect which
+he transmits. His body becomes weakened, his nervous system disordered,
+and the physical substratum of his mind diseased. These defects he
+transmits to his offspring and thus handicaps them in the effort that is
+required from the individual to adapt himself to the conditions of
+society.</p>
+
+<p>This is the criminal "taint" or handicap that makes it more likely that
+the individual should fall into crime than the normal man. Although
+society regards this hereditary criminal as a monster, it has been made
+clear that he is really more deserving of compassion than one not so
+handicapped. To secure society from his injurious acts, our courts
+frequently take the illogical and unjust course of imposing a more
+severe punishment upon him. This is in itself a clear evidence of the
+demand that exists for penological reform.</p>
+
+<p><b>Environment.</b>&mdash;By environment we understand bad homes, bad
+associations, and generally bad conditions.</p>
+
+<p>Of the condition of the 12,000 persons who passed through the Elmira
+Reformatory between the years 1876-1902, only 1.47 per cent. came from
+good homes and 37.4 per cent. from fair homes. Of the character of the
+men's associations, 56.6 per cent. was positively bad; 41.9 per cent.
+was "not good;" .9 per cent. was doubtful, and 1.6 per cent. was good.</p>
+
+<p><span class='pagenum'><a name="Page_52" id="Page_52">[Pg 52]</a></span>It is scarcely necessary from a practical point of view to enquire into
+the actual amount of crime which results from a bad environment, for it
+is only too obvious that none but those of the strongest wills and of
+the highest morality can resist the influence of bad surroundings when
+these are constant. Our enquiry should rather be directed to ascertain
+what constitutes a bad environment and what are the causes that produce
+it. It should also seek to discover by what means its evil influence may
+be checked and how to eradicate these influences when present. The
+attitude of our law-courts towards the criminal is practically
+this:&mdash;"You have been reared amidst evil surroundings whose influence
+you could not resist, you are a criminal, an outcast from society, you
+must be punished by being locked up in a school of crime in the hope
+that it may inspire you to live a better life. The sentence of the court
+is ..." And society endorses this attitude!</p>
+
+<p>The evil influence of bad surroundings is well exemplified by an
+instance recorded by Viscount D'Haussonville in his work "L'Enfance a
+Paris":&mdash;"Some years ago a band of criminals were brought before the
+jury of the Seine charged with a terrible crime, the assassination of an
+aged widow, with details of ferocity which the pen refuses to describe.
+The president of the court having asked the principal, Maillot, called
+'the yellow,' how he had been brought to commit such a crime, he
+replied:&mdash;What do you wish that I should tell you Mr <span class='pagenum'><a name="Page_53" id="Page_53">[Pg 53]</a></span>President? Since
+the age of seven years I have been found only on the streets of Paris. I
+have never met anyone who was interested in me. When a child, I was
+abandoned to every vicissitude&mdash;and I am lost. I have always been
+unfortunate. My life has been passed in prisons and gaols. That is all.
+It is my fate. I have reached&mdash;you know where. I will not say that I
+have committed the crime under circumstances independent of my own will,
+but finally&mdash;(here the voice of Maillot trembled) I never had a person
+to advise me. I had in view only robbery. I committed robbery but I
+ended with murder."</p>
+
+<p>The following description of the manner in which parents may defeat the
+work of the juvenile reformatory or industrial school was given by
+Senator Roussel at the Fourth International Prison Congress:&mdash;"The
+pernicious influence of parents relative to minors is manifest in two
+ways and at two periods of the child's life. First in extreme youth,
+when he is only a burden, his parents neglect him. He is left without
+proper care, often without proper food and subjected to all the hazards
+of the streets; he is forced to be a vagabond and a beggar, and this
+situation continues until a violation of the law places the little
+unfortunate in the hands of justice. Later, everything is changed. When
+by maturity of age and good effects of penitentiary education, the child
+instead of being a burden can be a source of profit, we see those same
+parents, who had abandoned him in his infancy, and apparently had
+forgotten him <span class='pagenum'><a name="Page_54" id="Page_54">[Pg 54]</a></span>altogether, go to him and win him back to them by their
+entreaties, and finally on his discharge regain him by virtue of
+parental authority. This indiscretion of evil parents ... is the way
+that the first-fruits of correctional or charitable education are
+corrupted and that a great many minors who would have become useful
+members of society, are definitely lost to it."</p>
+
+<p>It may be heresy to criticise our public school system but it is more
+than an open question whether we are not producing a generation of badly
+educated people who are not aware of their own ignorance, who see no
+dignity in labour and who prefer to make their living by speculation
+rather than by work. The fault largely consists in estimating the
+efficiency of a school or a teacher solely by the results obtained at
+examination and making the children work for this end and this end only.
+Their memories are taxed to the uttermost but no attempt is made to
+develop them into reasoning, enquiring and labour loving beings. The
+difficulty with which children in the sixth and seventh standards follow
+the simplest arguments is simply amazing. The teachers, moreover, have
+no opportunity for cultivating the art of pedagogy. Their whole time is
+taken up preparing matter to pour into the child's mind. The bad
+salaries that are paid can also have but one result, viz., the depriving
+the State of the services of the most manly and most noble teachers and
+having the work committed to those of the genus prig.</p>
+
+<p><span class='pagenum'><a name="Page_55" id="Page_55">[Pg 55]</a></span>Bad homes, bad schools and playgrounds only once removed from cattle
+yards, will be, in this country, the most potent factors in producing
+crime.</p>
+
+<p><b>Alcohol.</b>&mdash;The influence of alcohol in the commission of crime is both
+direct and indirect. We see its direct influence in those crimes which
+are committed whilst the culprit is either in a state of intoxication or
+else just recovering from such a state. To detect and trace its indirect
+influence a much closer study is required. The inconsequent, lazy and
+thriftless life of the criminal demands some sort of stimulant, and this
+is found readily at hand in alcohol. Alcohol is not the cause of the
+crimes of these people but it is closely associated with such cause. The
+man who stabs another in a saloon is not then guilty of his first crime.
+Under the influence of intoxication he has lost his power of
+self-control and he commits a deed for which he may in a sober moment
+have still a degree of moral abhorrence or be perhaps too much of a
+coward to perform.</p>
+
+<p>Many criminals, whose crime requires a certain amount of nerve and
+calculation, as e.g. assassinations, murders, robberies, swindlings,
+etc., will not touch alcohol until their crime has been completed and
+they have satisfied themselves that they covered up all trace of it.
+They then often indulge in a debauch.</p>
+
+<p>In the lower courts, offenders will frequently plead as an extenuation
+that they were intoxicated at the time when they committed their
+offence. This is <span class='pagenum'><a name="Page_56" id="Page_56">[Pg 56]</a></span>often done in order to escape the full penalty, and
+such pleas are not to be relied upon in estimating the real influence of
+alcohol. In the higher courts, for the same reason, criminals often
+feign insanity, and in not a few of such cases they become their own
+dupes by actually losing the possession of their senses. Drunkenness and
+crime go together, although the increase in the consumption of alcohol
+does not necessarily mean that crime has increased. Neither does the
+reverse hold good. When crime appears first it is not long before all
+forms of animal indulgence follow. Sometimes drunkeness appears first,
+and when the home has been reduced to beggary, crime results.</p>
+
+<p>Under the immediate influence of drink, the crimes most commonly
+committed are those against morality and the person. In countries where
+the saloon is an institution, it is invariably the home of criminals and
+the scene of many murders and deeds of blood. In France, e.g. out of
+10,000 murders committed, 2,374 occurred in saloons. The indirect
+influence of alcohol is perhaps more terrible than its direct influence.
+There is this sad feature about it also that the greatest sufferers are
+the victims, not of their own abuse, but of that of others. Many a
+criminal tells the story, which is easily corroborated, of the days of
+his childhood when his father came home drunk and the children for very
+fear had to hide themselves or run out into the streets, often to sleep
+wherever they could, and perhaps steal to satisfy the pangs of <span class='pagenum'><a name="Page_57" id="Page_57">[Pg 57]</a></span>hunger.
+Such children are quickly absorbed, the girls into the ranks of
+prostitution, the boys into those of crime. Many too, by reason of their
+parents' intemperance, are weaklings and unable to take their stand in
+the ranks of honest labourers. Unless they are rescued by philanthropic
+effort they very soon take to crime, and physically and psychically
+present all the features of the "instinctive criminal."</p>
+
+<p>Of 12,000 criminals at Elmira, in nearly 36 per cent, was a drunken
+ancestry to be clearly traced.</p>
+
+<p>To state exactly the influence of alcohol as a cause of crime will, from
+the nature of the case, never be possible; but this much is certain,
+that EVERY cause finds in it a strengthening contributary of
+considerable potentiality.</p>
+
+<p><b>Imitation.</b>&mdash;One of the principal characteristics of the criminal is
+his excessive vanity. His great ambition is to gain notoriety and to be
+talked about by the public. Almost every criminal has his hero in crime
+whose deed he tries to emulate as nearly as possible; or, better still,
+to outshine. Thus we find, that when some daring deed has been
+perpetrated, there are not wanting others who quickly make an attempt to
+imitate it. A prisoner tried to kill his comrade because a third man,
+who was standing his trial for murder, was receiving in his estimation
+too much attention from the public and especially "too many bouquets." A
+murderer in New Zealand declared that the notorious bushranger Ned Kelly
+was his ideal of a man. A certain priest, beloved by all, <span class='pagenum'><a name="Page_58" id="Page_58">[Pg 58]</a></span>was found
+murdered. None could account for the crime; afterwards it was discovered
+to have been the act of a young criminal who performed it merely as an
+act of bravado. Instances of this sort might be multiplied all tending
+to show that the vanity of the criminal leads him, as far as his courage
+will permit, to imitate the most daring deeds in crime. The witnessing
+of executions and reading the accounts of fictitious and real crimes
+often leads many into crime. As a deterrent to crime, it was once the
+custom in England to conduct executions in public. Lombroso records it
+as being his conviction that such publicity does, by the law of
+imitation, lead more into crime than it turns from it. This he considers
+is one of the most powerful arguments in favour of abolishing the death
+penalty. Out of 167 persons condemned to death in England, 164 had been
+present at executions. The reading of sensational novels or the
+descriptive accounts of great crimes has a most alarming effect upon
+those who are of an impressionable nature. These persons are to
+themselves the heroes of an imaginary world. They will put on an air of
+bravado, adopt a "swagger" style of attire, carry sharp knives and pose
+before their companions as dare-devils. If not sufficiently courageous
+to perform deeds of daring they will constantly be recounting imaginary
+ones for which they will claim the authorship; or else they will be for
+ever threatening to do something of a staggering nature. The more
+courageous of these frequently become dangerous <span class='pagenum'><a name="Page_59" id="Page_59">[Pg 59]</a></span>criminals while the
+more timid descend into sneak thieves, or the assaulters and violators
+of the persons of the defenceless. This inflammatory reading matter also
+exerts an hypnotic influence over some which is almost irresistible. Dr
+MacDonald ("Criminology" p. 131), gives the instance of a woman who
+after having read of the dreadful crime of a Parisian mother, came to Dr
+Esquirol and pleaded with him to admit her into his hospital, declaring
+that since reading of this crime she was tormented by the devil to kill
+her youngest child. Reading of the crime and vividly picturing to
+herself the details of it, had resulted in the woman's mind being laid
+hold of by a fascinating power which continually prompted her to kill
+her own child. Her wish was granted and she recovered.</p>
+
+<p>In this case we have another instance of the "hypnotic influence of
+circumstances." Firstly, the picture is deeply impressed on the mind;
+next the moral sensibilities are hardened, and lastly the overt act is
+committed. Tropmann who murdered a whole family of eight, confessed that
+his demoralisation was due to the reading of sensational novels. The
+publication of the details of crimes and the circulation of inflammatory
+fiction is a most fruitful cause of further crime. One of the most
+efficient safe-guards against crime and scandal is a sensitive public
+moral tone. This is undoubtedly hardened by the publicity given to
+sordid and gruesome details. One fails to see what good purpose can
+possibly be served. <span class='pagenum'><a name="Page_60" id="Page_60">[Pg 60]</a></span>Knowledge is power, but in this case, it is a power
+for evil. The weak-willed readily obey the law of imitation, the
+criminal is gratified at seeing the big headlines in the newspapers and
+impelled to further crime, and some neurotics are positively hypnotised.</p>
+
+<p>Any serious attempt to suppress the increase of crime must take these
+matters into consideration, and it will unquestionably prove abortive
+unless a much stricter censorship is exercised over the publication of
+the gruesome details of crimes and scandals and also over the sale of
+the type of literature referred to.</p>
+<br />
+<br />
+<br /><a name="Chapter_IV" id="Chapter_IV"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_61" id="Page_61">[Pg 61]</a></span>
+<br />
+<h2>Chapter IV.</h2>
+
+<h2>THE MANNER AND PHILOSOPHY OF PUNISHMENT.</h2>
+<br />
+
+<p>The various punishments which are inflicted upon our law breakers are
+fines, imprisonment, flogging, and death.</p>
+
+<p><b>Fines</b> produce a very useful means of dealing with persons whose
+offences show a tendency to crime rather than to actual criminality. In
+many cases the self-respect of the offender has not been sacrificed, and
+while under arrest the sense of shame is deeply aroused. The shock from
+being brought face to face with the law is often sufficient in these
+persons to check any further tendency towards crime. The imposition of a
+fine will satisfy the claims of justice and inflict that degree of
+punishment necessary to fix the idea of abhorrence towards crime in the
+mind of the offender. In the case of boys charged with petty offences
+fining is often a most valuable means of punishment. To dismiss with a
+caution may lead to nothing; to imprison is invariably a most disastrous
+course to pursue; to flog within a gaol may be too severe but to fine is
+an excellent method. The parent has to pay the fine, and as the child's
+offence is generally due to the want of parental control and discipline,
+the punishment reaches right home and better control for the future
+generally results. Where <span class='pagenum'><a name="Page_62" id="Page_62">[Pg 62]</a></span>parental control is non-existent, and there
+remains no possibility of creating it, other measures must be taken
+which will supply a substitute for the discipline of home life.</p>
+
+<p>In some case of theft, minor assault, disturbing the peace, and other
+offences which indicate a momentary and not very serious lapse of
+self-control, or perhaps a somewhat vague conception of the supremacy of
+the law, fines serve all the purposes of justice. A four-fold
+restitution for all damage done might be taken as a standard to be
+increased or diminished in exceptional cases. In all these instances the
+culprit should be made to pay the fine himself even though it should
+require a fairly lengthy period in which to liquidate it. Section 16 of
+The New Zealand Criminal Code provides that the Court may exercise its
+own discretion in imposing a fine upon any person whose offence rendered
+them liable to a term of imprisonment. There are many cases, however,
+even of first offenders, in which fining is quite useless.</p>
+
+<p><b>Imprisonment.</b>&mdash;So much has been written describing the various prison
+systems in vogue in different parts of the world that it is unnecessary
+to do much more than briefly outline them here.</p>
+
+<p>(1). The congregate system. In which the prisoners are associated
+together by day or by night or by both. Were the object to convert the
+prison into a school of crime, no better system could be devised. The
+standard of the lowest is the standard which must prevail under the
+congregate system.</p>
+
+<p><span class='pagenum'><a name="Page_63" id="Page_63">[Pg 63]</a></span>(2). The solitary system. The extreme opposite of the congregate system.
+The prisoners are allowed to have practically no communication with
+anyone whomsoever. In some countries this system is made indescribably
+cruel. At Santiago in Chili in one part of the prison the inmates are
+employed upon useful work under most humane conditions, and yet in
+another part of the very same building a most barbarous system exists.
+Mr F. B. Ward (quoted in Penological and Preventive Principles)
+describes what he saw in 1893:&mdash;"In this splendid model institution
+there are noisome, slimy cells, where daylight never enters, in which
+human beings are literally buried alive. Under the massive arches of
+enormously thick walls, where even in the outside rooms perpetual
+twilight reigns, are inner cells, two feet wide by six feet long, and
+destitute of a single article of furniture. Until recently, those
+confined in them were walled in, the bricks being cemented in places
+over the living tomb. Now there is a thick iron door, which is securely
+nailed up and then fastened all around with huge clamps, exactly as the
+vaults are closed in Santiago Cemetery, and over all the great red seal
+of the Government is placed&mdash;not to be removed until the man is dead, or
+his sentence has expired. The tiny grated window is covered by several
+thicknesses of closely-woven wire netting, making dense darkness inside,
+so that the prisoners cannot tell night from day. There is no
+ventilation except through this netting, and no opening <span class='pagenum'><a name="Page_64" id="Page_64">[Pg 64]</a></span>whatever to
+admit outside air into the tomb. Low down in the iron door, close to the
+ground, is a tiny sliding panel a foot long by a few inches wide
+arranged like a double drawer, so that food and water may be slipped in
+on shallow pans and the refuse removed. Twice in every twenty-four hours
+this panel is operated, and if the food remains untouched a given number
+of days, it is known to a certainty that the man is dead, and only then
+can the door be unsealed, unless his time is up. If the food is not
+touched for two or three days no attention is paid to it, for the
+prisoner may be shamming; but beyond a certain length of time he cannot
+live without eating. Not the faintest sound nor glimmer of light
+penetrates those awful walls. In the same clothes he wears on entering,
+unwashed, uncombed, without even a blanket or handful of straw to lie
+upon he languishes in sickness, lives or dies with no means of making
+his condition known to those outside. He may count the lagging hours,
+sleep, rave, curse, pray, long for death, dash his brains out, go mad if
+he likes&mdash;nobody knows it. He is dead to the world and buried though
+living. They told us that only one man has ever survived a year's
+sentence there. Those that survive six months are almost invariably
+drivelling idiots or raving maniacs."</p>
+
+<p>It was under similar conditions to these that the assassin of King
+Humbert of Italy was incarcerated. Such a system shows a cruel
+vindictive rage towards the criminal. Terrible as the offender's crime
+may <span class='pagenum'><a name="Page_65" id="Page_65">[Pg 65]</a></span>be, society must deal calmly and not lose self-control or give such
+an exhibition of its own criminal ferocity.</p>
+
+<p><b>The Separate System.</b>&mdash;Under which the prisoners are not allowed to
+associate with each other, but receive frequent visits from gaolers,
+warders, chaplains, and other persons who are likely to bring beneficial
+influence to bear upon them. Each man has his own cell, in which he
+sleeps and works. His exercise is conducted in such a manner as to
+prevent contact with other prisoners. He is allowed books and given
+daily instruction. Under this system perhaps the best results are
+obtained.</p>
+
+<p><b>The Silent System.</b>&mdash;A system under which the prisoners associate with
+one another but are forbidden to communicate. This system cannot be
+strictly enforced, and as it converts trifling matters into serious
+offences, it makes the prison life a state of petty persecution.</p>
+
+<p><b>The Combined System.</b>&mdash;A system which the prisoners are kept apart
+during the night but work together during the day. This system has been
+adopted in New Zealand, and in the following description of the value of
+imprisonment it will be understood that it is to this system that
+reference is made.</p>
+
+<p>A man is sent to prison because he has proved himself unfit to be at
+liberty. His attack upon society was evidence of this, and society
+punishes him by taking away the liberty which he has thus abused. <span class='pagenum'><a name="Page_66" id="Page_66">[Pg 66]</a></span>His
+dread of the prison increases as he comes under the shadow of its grim
+walls, and, once having passed within, a feeling of remorse and
+desperation seizes him. Its intensity or weakness will depend upon his
+temperament. He is soon told in the most emphatic manner that he is to
+regard himself as a felon; that he is to live with felons as a felon and
+observe the habits of a felon. He is given a uniform coarse in texture
+clumsy and grotesque in appearance and branded over with the broad-arrow
+and with his prison number. In this garb it is impossible for a man to
+preserve his sense of self-respect. If he should not be amenable to the
+prison discipline he may be held up to ridicule by being compelled to
+wear a parti-coloured uniform. However can a man be expected to reform
+who is held up to the ridicule of felons? It matters not from which
+class of life he is drawn, what his age is, or the nature of his
+offence, he is thrown into the company of the worst criminals in the
+land. If he were a cultured man, or a man who had known no associates in
+his crime, or if his &aelig;sthetic taste was considerably developed it
+matters not; he must do the same work and mix in the same company as the
+most ignorant and most brutal. To utterly disregard these qualities is
+to ignore the wide-open channels along which the most powerful
+reformative influences may be transmitted. If his recovery is to be
+considered these are most substantial assets. They are, as it were, "the
+general health" of the patient suffering from a local lesion. Yet our
+prison <span class='pagenum'><a name="Page_67" id="Page_67">[Pg 67]</a></span>system not only ignores them but patiently sets to work to
+destroy them, as if their possession were an additional offence on the
+part of the criminal. Prisoners who try to keep aloof from their
+associates may often be made to suffer very considerably for it. Others,
+craving for some association, soon fall in with men whom they would have
+regarded, a few days previously, as impossible companions. The almost
+entire absence of elevating influences makes it easy for the
+concentrated power of evil to become irresistible. The gloom of the
+prison rises, the fear of the law vanishes and the new born tendency to
+crime becomes a confirmed habit. A man needs either a very strong will
+indeed, or else to be supported by powerful social traditions to enable
+him to resist the evil influences of prison life. A few men do resist
+and maintain their sense of self-respect in spite of all indignities and
+bad influences. Some sink as under a torture; some sink and are enticed
+and absorbed into felony. These last will plan their future crimes while
+they are serving their first sentence. Henceforth the prison is their
+home.</p>
+
+<p>What purpose is thus served? Why should a man who has lost self-respect
+be continually reminded of it? If a man is diseased he is not placed
+amongst filthy conditions and the emblems of sickness and death crowded
+upon him. His removal from all unhealthy surroundings is the first
+essential necessary for his recovery, and the same should be observed
+with the criminal. He should be entirely removed <span class='pagenum'><a name="Page_68" id="Page_68">[Pg 68]</a></span>from criminal
+surroundings and efforts made to eradicate the criminality which has
+expressed itself. Society has not the right to degrade a man, much less
+to school him in crime. If he prove absolutely incorrigible (a very
+difficult matter to ascertain) he should be banished from society for
+all time either by life-long imprisonment or by death. If not, the
+carrying out of his punishment must be performed with a very sacred
+sense of responsibility. All manner of means are taken to relieve and
+cure the physically sick; much greater surely should be the means
+employed to heal the morally and socially sick.</p>
+
+<p>Another matter wherein our prison system might be justly criticised is
+the scale of diet provided for the prisoners. No one asks that they
+should be given luxuries, but it might at least be recognised even in
+prison that one man's food is another man's poison, that one fattens
+where another starves, and that variety is essential to good health. A
+prisoner who was serving a very long sentence once said to the author,
+"fancy having the same dinner every day of your life." Let one fancy it,
+boiled beef every day except Sunday, when roast beef is provided. The
+same meal every day, the same clothes to wear every day and all day, and
+the same routine to go through. What wonder is it that in the confirmed
+criminal many faculties appear to have atrophied. They have obeyed a law
+of nature. The popular comment is no doubt&mdash;"what else do you expect?
+They deserve it all, they have brought it upon themselves." We <span class='pagenum'><a name="Page_69" id="Page_69">[Pg 69]</a></span>expect
+that our criminals should at least be treated like the by-products of
+our mills and factories, i.e. made the most of. Bitter prejudices must
+give way to the dictates of reason and humanity.</p>
+
+<p>Practically the "combined system" produces no good results. It satisfies
+neither justice, humanity, nor economy. Neither is it efficient to
+afford protection to society. It satisfies prejudice and vengeance
+alone. The only system of imprisonment which is of any value and which
+the State ought to consider is one which converts the gaol in every
+essential into a "crime-hospital."</p>
+
+<p>Concerning life imprisonment much apprehension exists in the public
+mind. The prevailing idea is that this sentence implies incarceration
+for a period of twenty years. This is due perhaps to the fact that in
+England the sentences of "lifers" are reconsidered at the end of that
+period, and in the majority of cases a pardon is granted. The New
+Zealand prison regulations contain this section (116) "No rule for the
+remission of life sentences will be laid down. Such sentences are passed
+on persons guilty of the very gravest offences; and the Governor will
+only extend the royal prerogative of mercy to such persons in
+exceptional cases." Under certain conditions life imprisonment is the
+only way of dealing with criminals who refuse to reform. Those
+conditions do not exist in our New Zealand prisons, and a life sentence
+served within their walls is the most cruel form of punishment our laws
+allow. The <span class='pagenum'><a name="Page_70" id="Page_70">[Pg 70]</a></span>prisoner enters the gaol with a long, dark, hopeless future
+before him. As the years roll by not one ray of light brightens his lot.
+He can never better himself. He suffers, he is meant to suffer, the loss
+of all he holds dear (and even a murderer holds some things dear). This
+absolute loss, this complete severance of all ties, produces a most
+agonising mental state and afflicts the poor wretch with untold horrors.
+He is made to drag out an existence under most unnatural conditions,
+conditions in which every effort he makes towards self-improvement is a
+useless one, every aspiration is routed, the natural affections crave in
+vain for an object to fasten upon, and where an artificial atavistic
+process is set in motion so powerful as to defy the resistance of all in
+time. This is no imaginary picture, a man is a man, and one of the
+cruellest tortures to submit him to is to deprive him absolutely of hope
+and make good his evil because it requires an effort which is useless,
+and evil his good because it is easier and costs the loss of nothing.
+Perhaps the majority of lifers are those whose sentences have been
+commuted from the death penalty. Such a sentence is in reality the death
+penalty carried out under slow process extending over many years.
+Gradually remorse and despair do their work upon the natural instincts,
+the mind and the body. The man becomes brutalised, insane and dies. An
+exception here and there may be pointed out; but given twenty men of
+same age and good health, and sentence ten to twenty years, and ten to
+<span class='pagenum'><a name="Page_71" id="Page_71">[Pg 71]</a></span>life imprisonment, and the chances are that (under reasonable
+conditions) the ten with the defined sentence will survive it, whereas
+of the lifers the majority will be insane within twelve years. The
+following testimony will, however, be of greater weight:&mdash;</p>
+
+<p>The Directors of the State Prison in Wisconsin in their report for 1881
+add:&mdash;</p>
+
+<p>"The condition of most of our life prisoners is deplorable in the last
+degree. Not a few of them are hopelessly insane; but insanity, even,
+brings them no surcease of sorrow. However wild their delusions may be
+on other subjects, they never fail to appreciate the fact that they are
+prisoners. Others, not yet classed as insane, as year by year goes by,
+give only too conclusive evidence that reason is becoming unsettled. The
+terribleness of a life sentence must be seen to be appreciated; seen,
+too, not for a day or a week, but for a term of years. Quite a number of
+young men have been committed to this prison in recent years under
+sentence for life. Past experience leads us to expect that some of them
+will become insane in less than ten years; and all of them, who live, in
+less than twenty. Many of them will, doubtless, live much longer than
+twenty years, strong and vigorous in body perhaps, but complete wrecks
+in mind. May it, therefore, not be worthy of legislative consideration
+whether life sentences should not be abolished and long but definite
+terms substituted, and thus leave some faint glimmer of hope even for
+the greatest criminals?"</p>
+
+<p><span class='pagenum'><a name="Page_72" id="Page_72">[Pg 72]</a></span>Sir E. Du Cane stated in 1878 before the Royal Commission on Penal
+Servitude Acts:&mdash;</p>
+
+<p>"I myself do not think much of life sentences at all. I would rather
+have a long fixed term. I think all the effect on the public outside
+would be gained by a shorter period."</p>
+
+<p>Mr W. Tallack, late Secretary of the Howard Association, writes in his
+"Penelogical and Preventive principles":&mdash;</p>
+
+<p>"Of life imprisonment it may be conclusively pronounced very bad in even
+the best form of it. Years of enquiry and observation have increasingly
+forced this conviction upon the writer.... A fixed limit of twenty years
+would greatly aid the discipline of its subjects. And what is of more
+importance so far as the public are concerned, it would, in most cases,
+avail to practically incapacitate or effectually deter the persons who
+pass through it from any repetition of their crime. The mere natural
+operation of age, decay, and disease would tend towards this result; and
+not only so, but it would, in a considerable proportion of cases, render
+the limit of twenty years a virtual sentence in perpetuity by the
+intervention of death. But meanwhile the elements of hope and other
+desirable influences would be largely present, notwithstanding."</p>
+
+<p>To say the least of it our criminals have a claim for humane treatment,
+and no sentence should have a greater duration than twenty years. The
+term also should be fixed when the sentence is imposed.</p>
+
+<p><span class='pagenum'><a name="Page_73" id="Page_73">[Pg 73]</a></span><b>Flogging.</b>&mdash;This is an extremely unpopular form of punishment, owing to
+its abuse in the old convict stations and in the army and navy. Yet
+there is a great deal to be said in its favour. In 1898 the Howard
+Association instituted an enquiry among the most competent authorities
+as to what were the best methods of dealing with juvenile offenders.
+Nearly 40 replies were sent in answer to their circular of enquiry, and
+with but one or two exceptions these replies advocated whipping as the
+most expedient method. The Chief Constable of Liverpool
+stated:&mdash;"Whipping has been found a most efficient and <span class="smcap">HUMANE</span>
+punishment. During the last <span class="smcap">FIVE YEARS</span> 489 boys were once
+whipped. Of these, only 135 have been again convicted. Of the 135, 44
+were whipped for the second time. Of the 44 only 10 were convicted a
+third time, and 2 only for a fourth time. No other punishment can show
+such a record...."</p>
+
+<p>Our Criminal Code describes a whipping as being a punishment of not more
+than 25 strokes with the cat-o'-nine-tails inflicted upon a person of
+not more than 16 years of age. A flogging is limited to not more than 50
+strokes and not less than 25 inflicted upon a person of over 16 years.
+Three floggings at intervals for one offence is the maximum amount of
+castigation allowed.</p>
+
+<p>A description of the "cat" may not be out of place. The handle is round
+and of uniform diameter of one inch. It is about 30 inches in length and
+is <span class='pagenum'><a name="Page_74" id="Page_74">[Pg 74]</a></span>light as cork. The "tails" (nine in number) are made of cord similar
+to fishing cord, about an eighth of an inch in diameter and 33 inches in
+length. In each tail a strand is taken out, wound round and put back,
+thus making a bob. There are 27 of these bobs in all. A flogging with
+such an instrument would no doubt be very severe, but it need not draw
+blood nor leave marks for all time. A flogging properly administered
+should produce sharp stinging pain and leave no bad results whatever.
+Then it becomes a very useful punishment to use upon such men as those
+whose crimes are characterised by cruelty. Men who violate, torture, or
+frighten women, who are cruel to children or take advantage of the weak,
+imbecile or defenceless might well be punished with a flogging. In fact
+it is questionable whether any punishment is so effective. These men are
+cowards one and all; they do not dread the lazy life of the prison, but
+a flogging has great terrors for them, and its moral value is
+considerable. In bygone years men who were flogged were often worse than
+before. The flogging had demoralised them. These floggings were,
+however, shockingly cruel. Nothing is to be admitted but the sharp
+swishing and this, when properly carried out, is totally without any
+objectionable feature.</p>
+
+<p>There seems no necessity to combine a flogging and a long term of
+imprisonment under one sentence. The maximum punishment of three
+floggings might be given within a period of two months, and the culprit
+<span class='pagenum'><a name="Page_75" id="Page_75">[Pg 75]</a></span>then in most cases discharged. As to the advisability of ordering more
+than one flogging a great deal might be said. Fifty lashes and the man
+discharged within a week would be sufficient for the majority of cases.
+For a very brutal crime or for a second offence of the same nature, a
+second flogging after a period of days might be thought necessary. The
+very greatest care, however, must be exercised in the administration of
+this punishment. The crimes of brutality rightly arouse the indignation
+of the public, but there is no need to show a brute that society can be
+a greater brute than what he is. Being a brute, leniency invariably
+fails, but unimpressionable to these methods as his moral and humane
+instincts are, his skin remains sensitive, and through it his instincts
+may be appealed to and quickened. Flogging makes him consider that the
+practice of brutality is in direct variance to his own personal
+interests and comfort. From this he may be led to moralise further.</p>
+
+<p>Gangs of boys who are becoming a nuisance to the neighbourhood they
+infest are quickly broken up if their ring-leader is treated to a dozen
+strokes that he will not feel inclined to boast about. The mercifulness
+of this punishment is seen in its power in thus effectively stopping the
+tendency to crime. Larrikins, unnatural husbands and fathers, brutes and
+torturers, cattle maimers and stack burners, all see their personal
+interests lying in a very different direction to that which leads to the
+"cat."</p>
+
+<p><span class='pagenum'><a name="Page_76" id="Page_76">[Pg 76]</a></span><b>Capital Punishment.</b>&mdash;The authority to take the life of a fellow-man is
+based on God's word to Noah, "whoso sheddeth man's blood by man shall
+his blood be shed;" and upon the abstract idea of justice "a life for a
+life." These words in no sense contain a command to us of this century
+to execute all murderers without exception. For the present state of
+civilisation a new principle has been evolved which is, that when a man
+shows himself to be unchangeably hostile to society then his life may be
+forfeited. As the methods of dealing with criminals improve so the word
+<span class="smcap">LIBERTY</span> is being substituted for the word LIFE. The sin on the
+man's soul may be left to God; all that men has to deal with is his
+anti-social attitude. If impossible to change this attitude then either
+death or life imprisonment must result. This very question of
+possibility is so uncertain that few modern criminologists care to
+adjudicate, and most regard the death sentence as anticipating too much.
+Life-imprisonment, under the highest moral influences, becomes life-long
+by and only by the continued resistance of the criminal. It is not the
+objectionable form of punishment previously described for it encourages
+the man to put forth his best effort to improve, and substantially
+rewards these efforts, even to granting him his liberty if he persevere
+with them. Punishment by death is becoming more and more unpopular. The
+dislike of juries to bring in a verdict of "guilty" in a murder case is
+sufficient testimony to this. In the crowds who sign petitions <span class='pagenum'><a name="Page_77" id="Page_77">[Pg 77]</a></span>for the
+reprieve of the condemned, the hysterical element is too prominent to
+make any other estimate possible. But the reaction is steady, and it
+will not be long before capital punishment becomes a thing of the past.
+To abolish it before a suitable substitute were provided would be
+mistake.</p>
+
+<p>Gradually society is awakening to the fact that the condition of the
+criminal ought to be ameliorated, and that there can be no real
+amelioration which does not make definite efforts for the prisoner's
+reform. The aim should be to assist every man to recover by his own
+effort the place in society from which he has fallen. No man is
+incapable of improvement, and under a wise systematic discipline most
+men do improve. A remarkable witness is found in the experience of Dr
+Browning who was engaged as Surgeon-superintendent of convict ships
+between 1831 and 1848. Of one voyage from Norfolk Island to Tasmania he
+was in charge of 346 "old hands." These men had agreed to take terrible
+revenge upon some of their comrades who had been employed as constables
+over the others. Under Dr Browning's instruction and discipline their
+purpose was abandoned. He landed the men in Tasmania without having
+inflicted a single punishment upon the voyage. He remarks:&mdash;"The men
+were given to me in double irons; I debarked them without an iron
+clanking among them. I am told that this is the first and only instance
+of convicts removed from Norfolk Island having had their fetters struck
+off during the voyage, <span class='pagenum'><a name="Page_78" id="Page_78">[Pg 78]</a></span>and being landed totally unfettered. They were
+almost uniformly double-cross-ironed and chained down to the deck,
+everybody being afraid of them. I was among them at all hours and the
+prison doors were never once shut during the day. To God be all the
+glory." Three Governors of Tasmania expressed their high opinion of Dr
+Browning's system and of its subsequent effects upon their behaviour.
+(Vide "Christianity amongst Prisoners." Howard Ass.:)</p>
+
+<p>In the famous Dartmoor prison and at Borstal in Kent experiments are
+being made to secure a greater number of reformations among the younger
+convicts. It is too early to estimate the value of the systems being
+tried, but they are being watched with much hope and expectation. In
+America there is a decided tendency to substitute State reformatories
+for prisons, especially in the case of the young. The Elmira Reformatory
+has been established for more than a quarter of a century, and its
+claims to have reformed 82 per cent. of the men committed to it has been
+upheld by the special enquiry instituted in 1890.</p>
+
+<p>If these different systems were more closely studied there would result
+a great awakening as to the possibilities of the criminal, and society
+would discover that its best interests were served by reforming its
+offenders and making them moral and industrious servants of the State,
+instead of by committing them to institutions where they were brought
+into contact with consecrated villainy and where the unwholesome
+influence is calculated to confirm them in criminal <span class='pagenum'><a name="Page_79" id="Page_79">[Pg 79]</a></span>habits and make
+them a constant menace and expense to the community. That our criminal
+population is on the increase, and that the proportion of recidivists
+grows larger every year, is scarcely to be wondered at in the midst of
+such influences. Notwithstanding all that has been done to improve the
+state of prisons from what they were even fifty years ago, yet the motto
+"once a criminal always a criminal" is often too sadly true. The report
+of the English commissioners of prisons shows that amongst those who
+have been convicted during the year 1902, 51.9 per cent. of the men and
+70.6 per cent. of the women had been previously convicted. In the past
+these results were regarded as inevitable. Now they are regarded with
+much disquietude. Formerly they were supposed to point to a defect in
+the criminal, now they are understood to prove a defect in the penal
+system. The reason for this defect lies in having regarded certain
+objects as primary which are in reality only secondary. These objects
+have been defined to be the deterrence of crime by the example of
+punishing criminals; the repression of crime by the infliction of
+punishment, and the protection of society as a consequence. The
+deterrent value of the penal system has been greatly reduced by the
+small amount of dread which it excites in the criminally disposed. The
+representative value is of a minus quantity. Crime is assisted more than
+it is crippled. The protection of society is secured only during the
+period of incarceration. At the end of <span class='pagenum'><a name="Page_80" id="Page_80">[Pg 80]</a></span>that period the criminal must be
+discharged and he goes forth often a more skilful criminal than before
+and with a vow to take vengeance upon society.</p>
+
+<p>Regarding these objects as secondary the reformation of the offender has
+been acknowledged as primary by criminologists, and they turned their
+attention to study the criminal pathologically, to enquire into the
+causes of crime and also to make trial of the best methods for securing
+reformation. "Punishment the principle and reformation the incident,"
+was the theory of the old school. The New school reverses the order to
+"Reformation the principle and punishment the incident." Obviously this
+course renounces the old principle of retaliation and vengeance and
+embraces that indicated by Christ in his precept "bear ye one another's
+burdens."</p>
+
+<p><b>The Philosophy of Punishment.</b>&mdash;The threatening attitude of the
+criminal towards the peace and welfare of society makes it an obvious
+necessity that society should protect itself against him, otherwise he
+would soon master the situation and reduce social order to barbarism.</p>
+
+<p>What are the steps which it must take? It must first remember that its
+right to punish is not an inherent, but a delegated one. Though its
+powers are sovereign in the sense that there is no appeal from them, yet
+they must not be exercised in an arbitrary way. So far as there is a
+capacity for the realisation of responsibility to God so far must that
+<span class='pagenum'><a name="Page_81" id="Page_81">[Pg 81]</a></span>responsibility be observed. Where this responsibility is disregarded,
+society immediately becomes the greater criminal itself even though its
+deeds may be done in the name of the majority of its members. As history
+is not without examples of this abuse of a sacred trust neither is it
+without instances of the Divine interference expressed in the
+destruction of a community which had offended after this manner. This
+responsibility must be acknowledged firstly&mdash;in the end to be attained;
+and, secondly or subsequently&mdash;in the means by which it is attained. We
+are generally informed that our penal systems exist for the purpose of
+repressing crime, and that punishment is thus inflicted upon the
+criminal in order that others may be deterred from following his
+example. Reformation is sometimes suggested. The public, however,
+concerns itself very little about its criminals and much less about the
+objects which its penal system is supposed to secure for it. The
+attitude of the general public towards the criminal is undoubtedly a
+vindictive one. His sentence is discussed from this point of view only,
+viz.:&mdash;will the suffering that he will have to undergo be sufficient to
+accord with the enormity of the crime he committed? The end which is
+understood is simply suffering, expiatory suffering; suffering which
+neither man nor society has any right whatever to inflict upon a human
+being. The old principle of an eye for an eye, while in accord with
+abstract justice, was often made the occasion for abuse, and the largely
+prevailing conception of justice amongst us <span class='pagenum'><a name="Page_82" id="Page_82">[Pg 82]</a></span>to-day is precisely the
+abuse of that same principle. Society does well in returning upon its
+criminals the consequences of their acts, but the consequences should be
+a natural return and not an artificial one. The criminal should see that
+by his attack upon society he is excluded from all the benefits of its
+system. He has isolated himself and this isolation is of itself
+miserable, and will, if persisted in, become intolerable. Its final
+state is Hell, a state in which society is destroyed while the social
+instinct remains and craves in its unquenched agony. It is perfectly
+right to show the wrong-doer the ultimate end of his chosen course, but
+there is no warrant for the strenuous effort which is made to force him
+towards it. A criminal's punishment should be made purgatorial and not
+internal. The old penology regarded him as a hopeless individual and
+proceeded with its hellish tortures without undue delay. Beneath its
+system no reforms were possible, and the fact that none were ever made,
+was pointed to in order to justify its horrors. Society took no interest
+in them whatever while they were being pushed lower and lower down the
+social scale, but met them at the lowest steps, and, halter in hand,
+gravely professed the utmost concern in their future and eternal
+welfare.</p>
+
+<p>So far, society has failed to recognise the end of the punishment it is
+entitled to impose. In the words of Dimitri Drill, a Moscow publicist,
+the new penology expresses that it "renounces entirely the law of
+retaliation as end, principle, or basis of all judicial <span class='pagenum'><a name="Page_83" id="Page_83">[Pg 83]</a></span>punishment. The
+basis and purpose of punishment is the necessity of protecting society
+against the evil consequences of crime either by the moral reclamation
+of the criminal or by his separation from society; punishment is not to
+satisfy vengeance." We must not jump to the hasty conclusion that herein
+is meant that the criminal must be treated very gently and coaxed back
+to more virtuous paths. What is meant is that his punishment should be
+made purgatorial and not infernal. The process of reclamation is
+accompanied by far sharper pains than those which are expiatory, but
+they are the pains of a healing surgery and not those of a soul
+destroying brutality. Where the means for reclamation fail then
+separation from society is advocated. Separation in the midst of
+influences which would always tend to awaken the desire to reform and
+which would give immediate assistance to that desire when awakened.</p>
+
+<p>Thus the recognition of this fact that the authority to punish offenders
+against its law has been, by God, delegated to the social institution,
+brings with it a recognition of the responsibility which accompanies
+such authority.</p>
+
+<p>In primitive times most offences were punished by the death penalty, not
+as a vindictive measure but because the offender was hopeless and
+society helpless. That is, the social state being of a very simple
+order, any infraction of its laws would declare the offender a most
+pronounced criminal, bitterly hostile to <span class='pagenum'><a name="Page_84" id="Page_84">[Pg 84]</a></span>society and irreclaimable by
+such social machinery as then existed. The death penalty when inflicted
+must ever be so regarded. Not as a life for a life but as the punishment
+inflicted upon one who has by his own conduct given complete evidence
+that his recovery to the social state is impossible. In this century of
+civilisation it is incumbent to look upon the criminal as being in a
+measure a by-product of society and to deal with him accordingly.
+Outside of society crime is impossible, therefore society accounts for
+crime and is also in a measure responsible for it. To this measure
+exactly (although the measure itself can never be determined with
+exactitude) is the criminal by-product. In a large measure he is
+responsible (entire responsibility is conceivable), and it is this sense
+of responsibility which makes it possible to carry out his treatment.</p>
+
+<p>Large industries find that their by-products are an important asset and
+to disregard them would be ruinous. Mr Frazer in his book "America at
+Work" states that the expenses of the meat-packers of Chicago for 1901
+amounted to &pound;150,244,848. The sales of meat realised &pound;124,263,998, and
+yet a net profit of &pound;6,767,638 resulted. What appears to be a paradox is
+explained by the fact that a sum of no less than &pound;32,748,488 resulted
+from the sale of by-products. All the waste must be turned to dollars.</p>
+
+<p>Commercial advance has certainly out-stripped social advance, and
+apparently for the reason that whereas in commerce a pig's tail is
+regarded as an <span class='pagenum'><a name="Page_85" id="Page_85">[Pg 85]</a></span>important asset, in our social system the criminal and
+the weakling are regarded as a heavy liability. When the point of view
+is changed society will advance more rapidly. So, too, society finds
+that it must utilise its by-products and to devise means which it can
+bring to bear upon the criminal, so as to bring him to a state of
+usefulness. The enormity of the crime and the degree of criminality are
+alike impossible to estimate, therefore it is also impossible to define
+a punishment which makes an attempt to recognise any of these qualities.</p>
+
+<p>It is, however, quite possible to determine within very fair limits the
+continuance of the criminal habits, also the value from a reformatory
+point of view, of various social influences, and further there exists
+the power to apply these influences. To sum up&mdash;society possesses within
+itself the power to reform its criminals (to utilise its by-products)
+and to determine when they have been reformed.</p>
+
+<p>Separation from society is rendered absolutely necessary by the
+criminal's own behaviour, if by his behaviour he shows that he is not
+capable of using freedom profitably. But if his separation is to serve
+any real purpose whatever it must be accompanied by an educational
+process which will work him back to that point where he left the social
+track and then so propel him forward that he may recover his lost
+ground, and when restored to society be enabled to identify himself with
+its progressive system.</p>
+
+<p><span class='pagenum'><a name="Page_86" id="Page_86">[Pg 86]</a></span>So far our penal system is a mistake. Whatever it may be theoretically,
+practically it is only vindictive. Its failure has caused some to
+despair and others to reflect.</p>
+<br />
+<br />
+<br /><a name="Chapter_V" id="Chapter_V"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_87" id="Page_87">[Pg 87]</a></span>
+<br />
+<h2>Chapter V.</h2>
+
+<h2>ELIMINATION&mdash;DR. CHAPPLE'S PROPOSAL.</h2>
+<br />
+
+<p>In the last chapter it was shown that capital punishment sought for its
+justification in the theory that certain criminals had assumed an
+attitude of permanent and aggressive hostility towards society. Their
+presence in society is regarded as a menace to human life, and no moral
+improvement is expected to result from their imprisonment. So hopeless
+is this class of criminal regarded as being that, so it is declared, no
+other policy save that of extermination can be considered.</p>
+
+<p>In primitive society criminals were less numerous than in our own time;
+but those that did then exist belonged, almost all of them, to the worst
+type. There being no public institutions for the administration of
+justice, practically one course only remained open, and that was, that
+the person wronged should seek to avenge himself as best he could, and
+the death of the wrong-doer was generally the satisfaction that he
+sought. As civilization has advanced, criminals have become more
+numerous; but they have taken to crime by more gradual steps. Society,
+too, has deprived the individual of the right of wreaking his own
+vengeance, and has erected institutions for the purpose of determining
+guilt and apportioning punishment. From the days of Noah, deeds of blood
+<span class='pagenum'><a name="Page_88" id="Page_88">[Pg 88]</a></span>and other crimes of a serious nature, have been punished by death and
+from then, until this present day, the one idea underlying the
+administration of justice has been that society should get rid of its
+criminals as speedily as possible. Repression alone was thought to be
+efficacious, reformation was scarcely thought of.</p>
+
+<p>Of late years the criminal has been more carefully studied by his
+fellow-beings. Some have studied him as a monster and believed him to
+have the heart of a beast; others have studied him as a man and had
+faith in his possibilities. The former have noticed the failure of
+repressive methods, such as flogging and other penal severities, and
+have in despair been led to advocate that the only possible remedy is
+that of extermination. The latter have discovered that the failure of
+these repressive methods but imposes upon society the obligation of
+adopting a system of an entirely different order and with an entirely
+different object, viz: a system for the reformation of the criminal.</p>
+
+<p>The "exterminators" have studied the criminal objectively and have had
+regard to his crimes only; the reformers have studied him subjectively
+and have had regard to his possibilities. The policy of the
+"exterminators" must be condemned on this ground, viz: that they have
+made but a half study of their subject, and they do know, and they
+refuse to listen to, of what the criminal is capable. Neither do they
+estimate the capacity of the enormous social power <span class='pagenum'><a name="Page_89" id="Page_89">[Pg 89]</a></span>that may be attached
+to the criminal's own, but feeble, effort so as to raise him up, even
+from the deepest depths of vice and villainy. The careful subjective
+study&mdash;the truly humane study&mdash;of the criminal, has shown that all
+theories which would declare any man to be incapable of improvement, are
+to be condemned absolutely. The possibilities of reform exist in every
+case, and the probabilities are never to be denied. None can gainsay
+this statement nor can it be termed extravagant, for with the imperfect
+machinery now in use results are being attained which justify every
+syllable of it. Yet in the face of these results, the "exterminators"
+still proclaim their policy. They bid us be deaf to the voice of
+prejudice and follow the true light of science, ever remembering that we
+are passing through a wonderful stage in social evolution! But the
+policy that they adopt belies that which is indicated in all this fine
+talk. They say that we must exterminate the criminal, and this is
+nothing less than an acknowledgement that, to their minds, the problem
+of the criminal is one of outer darkness and that we have no means of
+ever penetrating it. They would take us back to a period anterior to
+Adam.</p>
+
+<p>Prejudice, indeed, needs to be overcome, but it is the prejudice that
+prefers vengeance to mercy. And if we follow the true light of science
+it will lead us to discover that the criminal is best got rid of by
+converting him into a useful citizen, or to be more exact, society's
+best effort is to be directed <span class='pagenum'><a name="Page_90" id="Page_90">[Pg 90]</a></span>towards separating the crime from the
+criminal.</p>
+
+<p>Recently a Wellington medical gentleman (Dr Chapple) published a work
+entitled "The Fertility of the Unfit." The problem which this gentleman
+attempts to grapple with in his book is the disproportionate rate of
+increase among the numbers of the unfit to the fit members of society.
+Under the classification of the unfit he places all those persons who,
+on account of mental, moral or physical defect, constitute a burden to
+society. These are, principally, the epileptic, the pauper, the insane
+and the criminal. These either will not, or cannot support themselves
+adequately and legitimately. For their treatment support and correction,
+hospitals, asylums, charitable aid boards, gaols and other institutions
+have had to be established, and the upkeep of these has become a great
+burden which necessarily has to be borne by the healthy, moral and
+industrious section of the community.</p>
+
+<p>Dr Chapple draws attention to the undeniable fact that there is a
+tendency on the part of those unfit to increase at a greater ratio than
+the fit. The rate of increase during the past twenty years has been so
+great and so disproportionate as to make the cost of their maintenance
+become an increasingly heavier one for the individual taxpayer to bear,
+and to cause for this and other reasons, a considerable amount of alarm
+in the minds of those who have the welfare of society at heart.</p>
+
+<p>The Doctor believes that the cause of this <span class='pagenum'><a name="Page_91" id="Page_91">[Pg 91]</a></span>proportionate rate of
+increase is to be found in the methods adopted largely among certain
+classes for the prevention of child-birth.</p>
+
+<p>In the conclusion of his book he states that sexual inhibition on the
+part of the better classes accounts for their smaller rate of increase
+as compared with the rate of the inferior classes. We cannot accept this
+conclusion without more evidence. We want to know definitely whether the
+natural rate of increase among the better classes is really lower than
+that existing among the inferior classes. That is to say, are the ranks
+of the defective being swelled by the influence of heredity or by some
+extensive force recruiting from among the ranks of the fit? Another
+question is this: Since the use of preventives is available to both
+sections alike, the Doctor accounts for the supposed natural
+disproportion by assuming that the better classes restrain themselves.
+Is he right? Using the word "restrain" in its absolute sense we beg
+leave for most emphatic doubt. In an enquiry such as this is, the only
+factor of any real importance as accounting for a diminished birth-rate,
+is the use of preventives. If this method is confined to the better
+classes, we must refuse to call them any longer our "best stock," for,
+if they are not producing a defective offspring, they are, as the recent
+Australian Birth-Rate Commission has made abundantly plain, speedily
+making defectives of themselves, besides being guilty of lowering the
+social moral tone and hardening its sensibility. We are <span class='pagenum'><a name="Page_92" id="Page_92">[Pg 92]</a></span>strongly of the
+opinion that the diminished birth-rate does not account for the increase
+in the number of criminals and defectives further than that the use of
+preventives discloses a species of criminality.</p>
+
+<p>Nevertheless, Dr Chapple proposes, not so much to restore the
+equilibrium as to get rid of the defective altogether. He assumes that
+defectives are born and not made, and then makes enquiry into the best
+possible means for the prevention of their birth. After passing several
+methods in review, he accepts an operation known as tubo-ligature as
+being the best from all points of view. This operation will render the
+female permanently sterile without having any deleterious effect upon
+her health. Absolutely no result follows, he assures us, but sterility.
+If the wives of all defectives were operated upon in this way, Dr
+Chapple assures us that the problem concerning the defective would
+speedily be solved and society would be the happier and wealthier in
+every way. The proposal might give something of a shock to the moral
+conscience but such a shock would only unfit us for our work. The
+criminal is upon us, he threatens us, and we must protect ourselves. The
+necessities of the case are so pressing and so urgent that we seek for
+the most effectual remedy and use it unhesitatingly when we have found
+it. Here it is, says Dr Chapple, and its morality is determined by the
+relief which it, and it alone, is able to bring.</p>
+
+<p>What are we to do? Why, sterilize the wife of the defective. As the
+criminal is most harmful of all <span class='pagenum'><a name="Page_93" id="Page_93">[Pg 93]</a></span>defectives he is summoned to come
+forward first and to bring his wife with him, when behold, the man
+turns up alone. Where is his wife? Why, he hasn't got one. Has Dr
+Chapple considered this fact? Did he know, when he made the statement
+that it was a matter of common observation that the criminal was among
+those who had the largest families, did he know then that the criminal
+rarely married? It cannot be said that the criminal's wife is as rare as
+the Great Auk's egg, but Havelock Ellis states that "among men criminals
+the celibates are in a very large proportion." And F&eacute;r&eacute; further supports
+the value of the statement for our present purpose by saying that
+"criminals and prostitutes have this common character, that they are
+unproductive. This is true also of vagabonds, and of the idle and
+vicious generally, to whatever class they belong."</p>
+
+<p>Two years' experience as a prison chaplain may not be of much value, but
+it certainly conveyed the impression that the majority of the criminals
+were young men who were unmarried.</p>
+
+<p>But Dr Chapple adduces evidence. He tells us of a family in which there
+were 834 persons the descendants of one woman. Of this family 76 were
+convicts, 7 were murderers, 142 were beggars, 64 lived on charity. Among
+their women 181 lived disreputable lives, and in 75 years this family
+cost their country &pound;250,000 in alms, trials, imprisonments, etc. What
+family is this? If the following comparison is conclusive in its results
+then it must be the "Jukes" family.</p>
+
+<div class="centered">
+<table border="0" width="70%" cellpadding="2" cellspacing="0" summary="Case">
+  <tr>
+  <td class="tdl" width="50%">&nbsp;<span class='pagenum'><a name="Page_94" id="Page_94">[Pg 94]</a></span></td>
+  <td class="tdc" width="25%">Dr Chapple's Case</td>
+  <td class="tdc" width="25%">The "Jukes"</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number estimated</td>
+  <td class="tdc">834</td>
+  <td class="tdc">834</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number definitely traced</td>
+  <td class="tdc">709</td>
+  <td class="tdc">709</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number of criminals</td>
+  <td class="tdc">&nbsp;&nbsp;76</td>
+  <td class="tdc">&nbsp;&nbsp;76</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number convicted of murder</td>
+  <td class="tdc">&nbsp;&nbsp;&nbsp;&nbsp;7</td>
+  <td class="tdc">&nbsp;&nbsp;&nbsp;&nbsp;7</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number of beggars</td>
+  <td class="tdc">142</td>
+  <td class="tdc">142</td>
+  </tr>
+  <tr>
+  <td class="tdl">Number receiving alms house relief</td>
+  <td class="tdc">&nbsp;&nbsp;64</td>
+  <td class="tdc">&nbsp;&nbsp;64</td>
+  </tr>
+  <tr>
+  <td class="tdl">Illegitimates</td>
+  <td class="tdc">106</td>
+  <td class="tdc">106</td>
+  </tr>
+  <tr>
+  <td class="tdl">Period reviewed</td>
+  <td class="tdc">75 years</td>
+  <td class="tdc">75 yrs.</td>
+  </tr>
+  <tr>
+  <td class="tdl">Cost to State</td>
+  <td class="tdc">&pound;250,000</td>
+  <td class="tdc">&pound;250,000</td>
+  </tr>
+</table>
+</div>
+
+<p>If it will be allowed that the agreement in these nine lines of
+statistics establishes the identity between the two cases, then the
+evidence may be examined.</p>
+
+<p>In the first place, the "Jukes" family is the most exceptional one known
+in the history of crime, and it must be treated as an exception and not
+as an example. In the second place, these 834 persons were not descended
+from one woman in 75 years but from FIVE women who were the legitimate
+and illegitimate daughters of an old Dutch back-woodsman who lived in a
+rocky part of the State of New York and who is known to criminologists
+as "Max Jukes." My authority for declaring that there were five female
+ancestresses during the period reviewed as against one, stated to be the
+case by Dr Chapple, is Mr R. L. Dugdale, who made a close personal
+investigation of the life and records of the family. He himself
+collected the statistics that are given above and which are identical
+with those given by Dr <span class='pagenum'><a name="Page_95" id="Page_95">[Pg 95]</a></span>Chapple's authority, Prof. Pellman, and
+therefore one must conclude that Prof. Pellman has studied the case at
+second hand and, in this important detail, is in error.</p>
+
+<p>That 834 persons should have descended from five persons in 75 years
+covering five generations, exclusive of the 5 ancestresses, does not
+strike us as evidence of an exceedingly prosperous birth-rate. If there
+had been another thousand descendants it would not allow for an average
+of 3 children to grow up and marry in each family. We may then set aside
+the contention that the "Jukes" were enormously prolific.</p>
+
+<p>Still the "Jukes" were an enormous cost to their country, and surely we
+should prevent such a family ever appearing in our midst. The answer to
+this is that the "Jukes" have only appeared once, and, so far as our
+community is concerned, our social progress makes their reappearance
+absolutely impossible. The "Jukes" were a tribe of vagabond outlaws.
+They gained a livelihood by fishing, hunting, robbery, and intermittent
+work. They lived in a rocky, inaccessible region in the lake country of
+the State of New York. Their criminals were able, with a considerable
+measure of success, to defy the police, and travellers very rarely
+approached the vicinity of their habitat. Some drifted into the towns
+and villages. A proportion of these supported themselves by honest
+industry, and a proportion became a burden upon the rates; Such nests of
+criminals can exist only in <span class='pagenum'><a name="Page_96" id="Page_96">[Pg 96]</a></span>partially civilized countries. The advance
+of civilization extinguishes them. Nowhere in New Zealand could such a
+tribe prey upon and defy society for a period of two weeks together. The
+criminals that we have to deal with are those which society produces not
+those which it extinguishes.</p>
+
+<p>But if the "Jukes" were at all reproductive what is the difference
+between them and other cases of criminals? Principally this, that the
+"Jukes" formed a little society of their own in which marriage and
+co-habitation was the rule. Of their women 52 per cent. were
+disreputable; but Dugdale refuses to call them prostitutes, but rather
+harlots, indicating that their marital relations were of the order of a
+progressive polyandry and by no means unproductive. Under these
+conditions, a fairly large natural increase is not to be wondered at.</p>
+
+<p>No such family has, nor could, exist in the midst of our civilization,
+but as the case is advanced, not to show a distinct species of
+criminality, but rather as an example of the rate of natural increase
+that may be expected of a criminal family, we will examine and compare
+the conditions of life existing among the "Jukes" and the criminal that
+we have to deal with and thus discover features among the latter which
+militate against a large birth-rate; but which are not present among the
+former.</p>
+
+<p>Our criminals, for the most part, commence their career of crime at an
+early age. The Rev. W. D. Morrison of Wandsworth Prison, England,
+declares <span class='pagenum'><a name="Page_97" id="Page_97">[Pg 97]</a></span>that the most criminal age is reached between the years of
+twenty and thirty. This holds good, he says, for Europe, Australia, and
+the United States.</p>
+
+<p>It is a mistake to suppose that a man first commits crime and then
+plunges headlong into vice. Though true in some cases, it is exactly the
+reverse course which is followed in the majority of cases. After having
+passed with a measure of success through the milder domestic and
+scholastic spheres, the youthful criminal become a failure in the
+severer social or industrial sphere. Some criminologists go so far as to
+say that the majority of criminals have displayed distinct evidences of
+criminality at so early an age as sixteen years. Whatever may have been
+the cause for committing crime, the crime itself shows that the youth
+refuses to acknowledge the obligations which an organized society lays
+upon him. This refusal extends practically throughout the social order,
+and neither is it confined to this order, but extends also to the moral
+order and is shown in a total disregard for the matrimonial state. The
+youth gives way to natural appetites and associates himself with women
+of low repute. He is of wandering habits, works, when he does work, but
+intermittently, is restless, and totally disinclined towards matrimony.
+Socially, industrially and morally he is unstable. It is these
+conditions of his life which so contrast him with that species of
+criminality which the "Jukes" family presents. And it is these same
+conditions which support the statement of F&eacute;r&eacute; and Ellis, that he is
+<span class='pagenum'><a name="Page_98" id="Page_98">[Pg 98]</a></span>generally a celibate and non-productive. Concerning the progeny of the
+female criminal there is little to say except that the causes which
+chiefly account for the male criminal operate to produce the prostitute
+among women, and therefore criminal women are in a very small minority.
+Of these criminal women, Lombroso says that they are monsters who have
+triumphed over the natural instincts of piety and maternity as well as
+over their natural weakness. They are bad mothers, and children are a
+burden to them from which they will readily rid themselves.</p>
+
+<p>Notwithstanding Dr Chapple's evidence, it is conclusive that his
+statement that criminals have the largest families, is entirely opposed
+to fact, indeed the exact reverse is the case.</p>
+
+<p>So far as the criminal is concerned, one may well ask whether he has not
+set himself to the useless task of threshing straw.</p>
+
+<p>The question concerning the proportionate rate of natural increase among
+all classes of society is one which provides one of the fundamentals
+upon which Dr Chapple has based his proposal. Instead of enquiring into
+the actualities of this question he has assumed them, and from his
+assumption proceeded to his result. His assumption that the better
+classes use preventive means which the inferior classes do not use, is
+open to challenge; that there might exist among the inferior classes
+causes peculiar to these classes which militate against their increasing
+naturally, he has failed to notice. There do exist such, <span class='pagenum'><a name="Page_99" id="Page_99">[Pg 99]</a></span>and so potent
+as to disprove entirely his statement that the problem is one for the
+solution of which we must search deep down in biological truth. The true
+solution will not be found in biological truth but in sociological
+truth, and there fairly near the surface.</p>
+
+<p>As Dr Chapple's evidence entirely fails, the conclusions of expert
+criminologists must be accepted, viz., that criminals are
+characteristically unproductive, and that, among male criminals, the
+celibates are in a large majority. As, from these reasons, the vast
+majority of criminals cannot be the descendants of a criminal ancestry,
+obviously tubo-ligature will not meet the case.</p>
+
+<p>So far indeed the criminal descendant from criminal stock has alone been
+considered, whereas a large number of criminals have come from a drunken
+or from a pauper ancestry. Statistics indicate that 33 per cent. of
+criminals come from an intemperate ancestry and 2 per cent. from a
+pauper one. But in both cases, environment has a great deal more to be
+held responsible for than has heredity. It is the conditions of the home
+life which make the drunkard's child a criminal, and the same applies
+with equal force to the pauper's child. So that, if drastic measures are
+to be taken with these classes, surely such measures will proceed
+gradually from the mean to the extreme, and severe measures will not be
+employed until milder ones have failed. Where the question is one of
+environment it is the man's character and habits which have to be dealt
+with and not his <span class='pagenum'><a name="Page_100" id="Page_100">[Pg 100]</a></span>nature. Environment is always capable of modification,
+and, when improved, the result is invariably a beneficial one for those
+concerned. So that the least that may be said for the criminal
+descendants of drunken ancestors is that a better way exists and should,
+by all moral laws, be first adopted.</p>
+
+<p>Further difficulties, of a physical, rather than moral nature, also
+exist.</p>
+
+<p>And here again Dr Chapple has assumed another fundamental position. Is
+it too much to require of him that he should prove that, where criminals
+have sprung from a defective ancestry, this defect should be invariably
+transmitted? That, in short, a criminally defective ancestry is an
+invariable cause producing a criminal descent. (Note.&mdash;By criminally
+defective ancestry we mean the ancestry from which criminals spring. It
+may not itself be criminal. It may be drunken or pauper.) Such an
+important question cannot be assumed; positive proof is demanded, and
+this is nowhere forthcoming in Dr Chapple's book.</p>
+
+<p>If it were allowed that criminals were the most prolific of all classes
+of society, this question of heredity would still have to be cleared up
+before such a proposal as tubo-ligature were seriously discussed, for
+surely so drastic a remedy would never be employed except under the most
+positive conditions, that is to say, that this operation would never be
+employed until it had been ascertained, with scientific precision, that
+the birth of degenerates, and degenerates only, was being prevented.</p>
+
+<p><span class='pagenum'><a name="Page_101" id="Page_101">[Pg 101]</a></span>Dr Chapple failing to illuminate us upon this point we inquire, does a
+criminally defective ancestry invariably convey to its offspring a taint
+disposing it towards crime? Or can it ever be ascertained that a certain
+given ancestry will certainly produce criminals?</p>
+
+<p>In the treatment of the subject of heredity it has been made clear that
+on account of the vicious habits of the criminal he is apt to transmit
+to his offspring a physical defect which will make it difficult for him
+to adapt himself to the conditions of the society in which he is placed.
+This difficulty becomes almost, though not quite, insurmountable when
+the environment is one in which the practice of vice and dishonesty is
+easier than that of virtue and thrift.</p>
+
+<p>The transmission of a taint which is a cause of criminality cannot be
+denied, but the close investigation of the criminal and of his family
+has revealed the fact that among the comparatively few criminals who are
+parents they do not all transmit a taint or defect to their offspring,
+nor among those from whom a taint has been transmitted has it
+necessarily been transmitted to every child.</p>
+
+<p>The "Jukes" family being the most exceptional of all cases in which
+criminal heredity may be observed can be investigated for the purposes
+of discovering the extreme affirmative which the question proposed can
+give. The answer is an emphatic no. When the "Jukes" intermarried there
+was, strange as it may seem, almost an entire absence from crime in the
+<span class='pagenum'><a name="Page_102" id="Page_102">[Pg 102]</a></span>family following upon such union. When they married into other
+families, crime frequently made its appearance. This, at least, shows
+that an hereditary taint is not invariably conveyed. It may be claimed
+that it proves that, under certain conditions, such taint is conveyed;
+but in cases of this nature we do not reach our particular and exclusive
+affirmatives anything like so rapidly as we reach our particular and
+exclusive negatives. The negative is often obvious, the affirmative
+generally remote. It may be that by cross marriages the element of
+virility, necessary to maintain criminality, is sustained: but if that
+were so it would be expected that pauperism would necessarily result
+from consanguineous marriages which is not so far the case as to
+indicate cause and effect. A more plausible suggestion is that in
+consanguineous marriages there is a tendency for the family ties to be
+reunited and the family ideal restored. Such, of course, effectively
+disposes of criminality. Of the three grandsons of Ada Jukes, who were
+themselves the sons of her one illegitimate son, their family report is
+as follows:&mdash;The first was licentious, a sheep-stealer, quarrelsome, and
+an habitual drunkard. He married a disreputable woman and had several
+children. Of his seven boys, five were criminals. The second grandson
+kept a tavern and a brothel and was a thief. He married a brothel
+keeper. Of his six sons, two were criminals. The third grandson was
+industrious but occasionally intemperate. He married a woman addicted to
+the opium habit. <span class='pagenum'><a name="Page_103" id="Page_103">[Pg 103]</a></span>Of his four sons, none were criminals. These are
+fairly average cases, and they, at least, affirm very distinctly that
+the criminal does not always transmit a taint to his child which will
+dispose that child towards crime.</p>
+
+<p>Although in the cases cited above only some 40 per cent. of the children
+were criminals, it must, however, be observed that a great deal of
+criminality goes unpunished, so that we might fix the average at 75 per
+cent. and be more exact. Of the 75 per cent. we must find out whether
+their heredity or their environment was the cause of their being
+criminal. Dugdale's observations led him to conclude that heredity is a
+latent cause which requires environment for its development. These 75
+per cent., however, will be referred to again. There being 25 per cent.
+honest and industrious, brings us face to face with a question affecting
+the morality of Dr Chapple's proposal.</p>
+
+<p>Since then all the children of criminal ancestry are not themselves
+criminal or likely to become criminals through an hereditary taint, can
+a proposal be accepted which would not only prevent the birth of the
+hereditary criminal, but would also prevent the birth of several persons
+who would have become good and useful citizens.</p>
+
+<p>Thus far only the criminal descended from a criminal ancestry has been
+considered, whereas, as was stated previously, there are a considerable
+number of criminals termed "hereditary" criminals who are descended from
+a drunken ancestry. The proportion <span class='pagenum'><a name="Page_104" id="Page_104">[Pg 104]</a></span>of these is about 33 per cent. of
+the whole. The impossibility of the success of Dr Chapple's remedy is
+very apparent from the insurmountable difficulties that would be
+experienced in determining with exactitude when a person was so
+degenerate in his own system as to make it positive that his prospective
+offspring would be born a criminal defective. Uncertainty, in this
+matter, reigns supreme.</p>
+
+<p>There must remain then but very little support for Dr Chapple's proposal
+when we discover firstly:&mdash;that the criminal is very rarely a parent,
+and secondly:&mdash;that in every case a taint is not transmitted from parent
+to child. Its sphere of effectiveness is restricted by the very
+circumstances of the case, and even within that restricted sphere its
+operation would be most clumsy for it would prevent the birth of all a
+criminal's children, good and bad alike. Thus it would become both a
+moral and economic failure.</p>
+
+<p>Dr Chapple has taken it for granted that a criminal's rate of increase
+is at least equal to the average if not indeed, for certain reasons,
+considerably greater, and that he in all cases transmits an hereditary
+taint to his offspring. Then he seeks for a remedy whereby the
+transmission of this taint may be avoided and he can find none other
+than one which prevents the very possibility of the prospective child
+being born. Before coming to such a drastic conclusion enquiry might
+have been made to discover whether there might not exist a remedy which
+would be a remedy <span class='pagenum'><a name="Page_105" id="Page_105">[Pg 105]</a></span>in the truest sense. That is a remedy which would,
+while it would prevent the transmission of the taint, yet it would not
+interfere with reproduction. Such a remedy would be in fact a method for
+the reformation of the criminal, for if the criminal were reformed the
+problem would be solved. If he were transformed into an honest and
+industrious man then the transmission of the criminal taint is at once
+prevented. There are some, however, who maintain that the criminal is
+incorrigible and that reformatory agencies have invariably failed. They
+look upon all attempts on behalf of the criminal as a useless
+expenditure of energy and money. This question of the possibility or
+otherwise of the reform of the criminal must now be settled before we
+can proceed further.</p>
+
+<p>Is the criminal incorrigible? Some criminals do not ever reform because
+they cannot. These are insane. Some do not because they will not; but
+these may. The many who pass through our gaols and show no signs of
+reform does not prove that although they may reform they never will. If
+nine hundred and ninety-nine cases were observed of men resisting reform
+it would not prove the impossibility of reforming the thousandth. It
+would point to the difficulty, the remote probability or the need of
+different methods; but it would not determine the impossibility. When
+the term "incorrigible" is applied to certain criminals it does not mean
+that these men are incapable of reform; but they are <span class="smcap">RESISTING</span>
+reform; and no one can tell when or whether the most <span class='pagenum'><a name="Page_106" id="Page_106">[Pg 106]</a></span>obstinate of these
+will surrender his will to the dictates of conscience and commence a
+life of reform. The possibility is always an open question. No better
+testimony can be brought forward than that of Mr Z. R. Brockway, late
+Superintendent of the New York State Reformatory at Elmira. Mr Brockway
+is one of the pioneers in reformatory work and is considered the
+greatest living authority upon the subject. Some 10,000 felons have
+passed through their hands. Speaking at the Fourth International Prison
+Congress held in St. Petersburg in 1890 he said:&mdash;"There is a sense in
+which nothing that lives is incapable of betterment, and so strictly
+speaking there are no incorrigible criminals. If it is possible to grasp
+the thought and cherish it, we should endeavour to discover in the very
+worst characters some spark of humanity which unites us all in ties of
+relationship, some secret soul-chambers where superhuman influences may
+find lodgment, and so with good leaven pervade the whole man; at least
+we may find in our sphere a field for most fascinating scientific
+research and experiment.</p>
+
+<p>"I record it as my own conviction, after nearly a lifetime spent with
+and for criminals, that alike for all, corrigible and incorrigible, the
+aim to accomplish reformation is a true one. It most surely supplies all
+possible repression upon the criminal classes in society.... The aim of
+reformations is absolutely essential to any good degree of public
+protection from crimes.... Mr F. Ammetybock, <span class='pagenum'><a name="Page_107" id="Page_107">[Pg 107]</a></span>Director of the
+Penitentiary of Vridsloselille, Denmark, added:&mdash;I would not dare charge
+as incorrigible one of the 3,000 criminals who have been confided to my
+care.... During my career as a prison officer, I have seen many
+criminals who offered, humanly speaking, characteristic signs of
+incorrigibility and who now and for a long time had led respectable
+lives.... I believe that other prison officers as well as
+philanthropists, can confirm the truth of my experience, and I hope that
+many will protest against the theory of incorrigibility and place in the
+balance their experience against purely abstract ideas."</p>
+
+<p>On the other hand, it must be admitted that several criminologists
+emphatically declare that the "instinctive" criminal (or "born" criminal
+to use Lombroso's term) is incorrigible. Garofalo takes such a hopeless
+view of the matter as to demand his elimination by death, but none of
+these men, eminent criminologists as they may be, have studied
+reformatory science experimentally. Mr Brockway's testimony should be
+taken as final seeing that of the 12,000 felons who have passed through
+the Elmira Reformatory, 82 per cent. have reformed, i.e., have not
+returned to criminal practices. The statistics for the year 1903 are as
+follows:&mdash;</p>
+
+<div class="centered">
+<table border="0" width="80%" cellpadding="2" cellspacing="0" summary="Paroled">
+  <tr>
+  <td class="tdl" width="70%">Total number of those paroled</td>
+  <td class="tdl" width="30%">445</td>
+  </tr>
+  <tr>
+  <td class="tdl">Served well and earned absolute release</td>
+  <td class="tdl">143</td>
+  </tr>
+  <tr>
+  <td class="tdl">Correspondence and good conduct and maintained (parole not expired)</td>
+  <td class="tdlb">238</td>
+  </tr>
+  <tr>
+  <td class="tdl">Died, doing well until time of death</td>
+  <td class="tdl">&nbsp;&nbsp;&nbsp;&nbsp;1<span class='pagenum'><a name="Page_108" id="Page_108">[Pg 108]</a></span></td>
+  </tr>
+  <tr>
+  <td class="tdl">Released by Special Executive Clemency, doing well</td>
+  <td class="tdl">&nbsp;&nbsp;&nbsp;&nbsp;1</td>
+  </tr>
+  <tr>
+  <td class="tdl">Returned to Europe by permission</td>
+  <td class="tdl" style="text-decoration: underline;">&nbsp;&nbsp;&nbsp;&nbsp;1</td>
+  </tr>
+  <tr>
+  <td class="tdl">&nbsp;</td>
+  <td class="tdl">384 or 86 per cent</td>
+  </tr>
+  <tr>
+  <td class="tdl">Returned to Reformatory for violation of parole</td>
+  <td class="tdl">&nbsp;&nbsp;15 or 33 per cent</td>
+  </tr>
+  <tr>
+  <td class="tdl"><i>Probably returned to crime.</i></td>
+  <td class="tdl">&nbsp;</td>
+  </tr>
+  <tr>
+  <td class="tdl">Those who ceased correspondence while on parole and were lost sight of</td>
+  <td class="tdlb">&nbsp;&nbsp;37</td>
+  </tr>
+  <tr>
+  <td class="tdl">Known to have returned to crime</td>
+  <td class="tdl" style="text-decoration: underline;">&nbsp;&nbsp;&nbsp;&nbsp;9</td>
+  </tr>
+  <tr>
+  <td class="tdl">&nbsp;</td>
+  <td class="tdl">&nbsp;&nbsp;46 or 10 per cent</td>
+  </tr>
+</table>
+</div>
+
+<p>It will be seen that while the Reformatory claims only 86 per cent. of
+reforms, there were only 9 persons (or 2 per cent. of the whole) who
+were <span class="smcap">KNOWN</span> to have certainly returned to crime.</p>
+
+<p>This exhibit is conclusive. Reformatory Science, which is yet but in its
+infancy, can already deal successfully with by far the greatest
+proportion of criminals, and this success at this stage guarantees a
+much larger measure in the future. It is clear then upon the statements
+of the highest authorities that the criminal is not incorrigible, and
+that the prison (penal) system compares so unfavourably with the
+reformatory system that it ought to be abolished in favour of it. The
+system in vogue at the Elmira Reformatory will be described in a later
+chapter, and there it will be shown that the methods employed are upon a
+most scientific basis and that the results <span class='pagenum'><a name="Page_109" id="Page_109">[Pg 109]</a></span>obtained cannot fail to
+satisfy the most exacting. It will be seen that by a "reformed" man is
+meant a man who can and will adapt himself to the conditions of society;
+a man sound in mind, healthy in body, industrious and honest in habit.
+Concerning this man's progeny, what have we to fear? It is in this way
+that we may dispose of the proportion of 75 per cent. of criminal
+children descended from criminal ancestry. It should here be again
+observed that the majority of criminals commence their career in crime
+at a very early age, and that therefore the reform of almost all
+criminals may be undertaken before they are likely to become parents.
+Again, true reformatory science forbids the release of any criminal from
+custody who has not given satisfactory evidence of reform.</p>
+
+<p>Thus reformatory science effectually guarantees society against the evil
+that Dr Chapple has proposed to eradicate, and it does it by a method
+compared with which tubo-ligature is most crude.</p>
+
+<p>The criminal is either set free as a reformed man or is to be kept in
+captivity because his resistance to reformatory discipline has shown him
+to be unfit to rightly use his liberty.</p>
+
+<p>Not only are the chances of his becoming the parent of criminally
+disposed children effectually removed but he is himself transformed from
+having a negative to having a positive social value.</p>
+
+<p>Dr Chapple's study convinces him that the cause of the startling
+increase of crime, insanity, and <span class='pagenum'><a name="Page_110" id="Page_110">[Pg 110]</a></span>pauperism is to be found "deep down in
+biological truth. Society is breeding from defective stock." Dr Waddell,
+who writes the preface of the "Fertility of the Unfit," is so alarmed as
+to declare that "our civilization is in imminent peril of being swamped
+by the increasingly disproportionate progeny of the criminal." The most
+superficial observation of the life of the criminal would have shown
+both these writers that criminal habits militated substantially against
+the probability of a natural increase.</p>
+
+<p>To repeat what F&eacute;r&eacute; and Havelock Ellis both emphatically declare that
+the criminal and the pauper do not reproduce their kind is but to show
+that the cause of the natural increase of the criminal is <span class="smcap">NOT</span>
+to be found in biological truth, neither is our society in any danger of
+being swamped by an increasingly disproportionate progeny of the
+criminal. In short, society has no enemy in Nature.</p>
+
+<p>The true cause for the increase of the numbers of the criminal is to be
+found in sociological and not in biological truth. As Lacassagne says:
+"Society has the criminals that it deserves."</p>
+
+<p>Dr MacDonald, W.S. Expert in Criminology, writes to the author, "As to
+tubo-ligature, or the like, it would not be supported by scientists."</p>
+
+<p>If, however, there were absolutely no scientific objection to the
+proposal that the Doctor advances, if, that is, the basal facts were
+exactly he assumes them to be, would then his remedy be secure from
+attack? Most emphatically not. For is it not possible, nay <span class='pagenum'><a name="Page_111" id="Page_111">[Pg 111]</a></span>with the
+present shrinking from maternity so widespread, is it not highly
+probable that the measure would be greatly abused? Thousands as the
+Doctor himself says would avail themselves of it to-morrow, and for the
+simple reason that they wish to escape from the responsibilities of
+bringing up children. Thousands would no doubt repudiate their debts
+to-morrow if they might do so with impunity, but their wish in the
+matter scarcely establishes the course as being a desirable one or one
+calculated to promote the happiness of society.</p>
+
+<p>From the revelations of the Birth-rate Commission and from other
+enquiries it is most evident that tubo-ligature would be very largely
+abused indeed.</p>
+
+<p>But it may be said that it were far better that the woman shrinking
+maternity should employ this method than that she should use the
+preventive drugs that she does. This is but to acknowledge the morality,
+or at least the necessity for the use of preventives and does nothing
+less than to charge the Deity with having made laws for the governing of
+the Natural Order which have got altogether out of hand and have
+involved His creatures in confusion.</p>
+
+<p>Is it not a question whether marriage becomes a necessity when children
+are to be avoided? The evil to which Dr Chapple's remedy would run, is
+one in which the moral sentiment of society would be so hardened that
+the reason for marriage would disappear from the knowledge of man.</p>
+
+<p>There is a great difference between this operation <span class='pagenum'><a name="Page_112" id="Page_112">[Pg 112]</a></span>taking place from
+pathological reasons and its being performed simply as a deliverance
+from maternal responsibilities. In the latter case it is performed at
+the will of the woman who thus shows that she has conquered the maternal
+instinct, and as such she is a monster for she has contradicted her
+nature. Lombroso declares that these are the women that commit the most
+hideous crimes and that they are incorrigible.</p>
+
+<p>The Birth-rate Commissioners stated that the use of preventives was
+having a most injurious effect upon the health of the women who used
+them.</p>
+
+<p>Clearly then Morality and Nature are both opposed to their use.</p>
+
+<p>If men and women are becoming so selfish as to be determined to live
+contrary to their nature then Nature will deal with them according to
+Her terrible manner. If they are in an extremity and find that our
+social system makes it impossible for them to undertake the
+responsibilities of parentage, then the reorganization of our social
+system is a matter for urgent consideration.</p>
+
+<p>But Dr Chapple would only intensify the evil instead of remedying it.</p>
+
+<p>What he practically says is this:&mdash;Regard yourselves for the moment as
+being brute beasts and discuss the question upon that level. Murder the
+social instinct; murder the compassionate spirit; disregard the Divine
+Law and stifle all faith in the Providence of God; let the mission of
+life be the enjoyment of <span class='pagenum'><a name="Page_113" id="Page_113">[Pg 113]</a></span>pleasure; shrink from the marriage that might
+be a burden, and dissolve the happy marriage should indications of
+future burdens present themselves. He would have us compelled to take
+our betrothed to a medical board and shamelessly confess ourselves.
+Confess ourselves under circumstances which would know no secrecy. He
+would have us regard our wives from the standpoint of selfishness and
+lust alone. But we are not brutes we are human, and we have instincts
+which the brutes have not.</p>
+
+<p><span class="smcap">Note.</span>&mdash;Dr. Chapple includes among the defectives not only the
+criminal but also the lunatic, the epileptic and the pauper. How far
+tubo-ligature would meet the cases of these defectives seems very
+uncertain. The information which the Doctor gives us, for the most part,
+is in direct opposition to him. On pages 74-76 he gives the history of
+eight families which it will repay to examine.</p>
+
+<p>Cases I.&mdash;Cancer, consumption and epilepsy in the family. In the third
+generation there are seven persons, of whom five married. The only
+healthy member left five children, three were childless and one who died
+at 56 left five children. That is to say, twelve children represent the
+fourth generation.</p>
+
+<p>Case II.&mdash;Insanity, idiocy and epilepsy. Of five persons the one sane
+member only has a family. Nine children, some (how many?) imbecile.</p>
+
+<p>Case III.&mdash;Drunkenness, insanity. Seven children, two died of
+convulsions. One an idiot, one a dement (suicidal), one repeatedly
+insane. These three are <span class='pagenum'><a name="Page_114" id="Page_114">[Pg 114]</a></span>scarcely likely to be chosen in marriage. One
+peculiar and irritable, one nervous and depressed.</p>
+
+<p>Case IV.&mdash;In third generation there are two epileptics and one
+imbecile&mdash;scarcely likely to marry. Seven others are dead. (S. P.)</p>
+
+<p>Case V.&mdash;From an insane parent we have three children, one excitable,
+one dull and one imbecile.</p>
+
+<p>Case VI.&mdash;A family of mutes and scarcely relevant.</p>
+
+<p>Case VII.&mdash;Drunkenness, epilepsy, etc. In the third generation "family
+now extinct." No indications of tubo-ligature having been performed.</p>
+
+<p>Case VIII.&mdash;Apparently the issue in the second generation is from two
+parentages. There are fifteen persons accounted for. Seven died in
+infancy of convulsions. Epilepsy, scrofula, and idiocy can claim one
+each. One was drowned, and four are healthy. That is, of seven surviving
+children, four are healthy.</p>
+
+<p>In all from fifteen parents there is the alarming increase of fifty-six
+persons. Of these eleven are healthy, fourteen are not described,
+fourteen are defective and seventeen are dead. The total number of
+living descendants, representing no less than the third generation of
+seven families, is but thirty-nine. These figures can scarcely be quoted
+to prove the "fertility of the unfit," but that is the title that stands
+over them. As to the hereditary tendencies that they propagate, more
+information is required.</p>
+
+<p>It is a well known fact that in cases of hereditary defect there is a
+tendency for the defect to appear at <span class='pagenum'><a name="Page_115" id="Page_115">[Pg 115]</a></span>either an earlier or later stage
+in life in each successive generation (Mercier). In the first case the
+family dies out, in the second case it recovers itself. In cases of
+congenital defect, there is very little to fear. The lunatic is locked
+up and the epileptic is avoided.</p>
+
+<p>Nature deals most successfully with these cases. She saves where
+possible and destroys when recovery is hopeless. Very slowly perhaps,
+but very exactly&mdash;never making a mistake, and in her slowness she is but
+giving man an opportunity to contribute something towards the recovery
+she aims at.</p>
+
+<p><b>The Case of the Epileptic.</b>&mdash;The number of epileptics in whom the
+disease may be traced to hereditary causes is estimated to be about 33
+per cent. of the whole. This is indeed a very large percentage. It does
+not, however, follow that in all the cases or in by any means a large
+proportion of them, the parents were also epileptics. Authorities are
+not agreed as to the influence of heredity as a predisposing cause; but
+it is recognised by all that the children of insane, neurotic,
+hysterical or neuralgic parents are liable to become epileptics. Also
+that alcoholism in the parents conveys a predisposition to the child.
+The hereditary cases are therefore to be divided amongst all these
+causes. In what proportion it would be difficult to estimate; but very
+few persons in whom epilepsy has developed marry, and as 75 per cent. of
+the cases are said to begin under the age of 20 years, and very few
+after 25 years (cases of hereditary epilepsy have been known to develop
+at so late an age as <span class='pagenum'><a name="Page_116" id="Page_116">[Pg 116]</a></span>65 and 70 years) it limits the number of
+epileptics who marry to a very narrow margin. For even these few,
+marriage should, however, be entirely out of the question. In cases,
+where from syphilis or shock epilepsy is developed in the married adult
+we should expect to find treatment imposing a restriction upon the
+freedom of the patient somewhat similar to that provided for lunatics.
+In almost every rank of society the developed epileptic would be
+excluded from marriage by the law of sexual selection, and as the great
+majority develop epilepsy before coming to a marriageable age, few
+epileptic children can claim a developed epileptic ancestry.</p>
+
+<p>The number of cases, where epilepsy results from an epileptic ancestry,
+is estimated by Sir Wm. Gowers at 22 per cent. of the whole. These cases
+are to be distributed between the developed form and the petit mal. As
+the petit mal often escapes observation Dr Chapple's method would only
+apply to those cases of the marriage of persons who were afflicted with
+the major form of epilepsy, which means that perhaps not more than 10
+per cent. of the number of epileptics could be prevented from coming to
+birth. If a ten per centum reduction is to be considered as solving the
+problem in the case of epileptics what will the 86 per cent. of reforms
+among criminals be valued at?</p>
+
+<p><b>The Case of the Pauper.</b>&mdash;Paupers may be divided into two classes,
+those whose poverty is due to misfortunes and those whose poverty is due
+<span class='pagenum'><a name="Page_117" id="Page_117">[Pg 117]</a></span>to vicious idleness. Those whose poverty is due to drink or crime are
+not properly to be classified as paupers. Society regards them as
+primarily drunkards and criminals. Of these two classes the first are
+generally to be found making a courageous fight against adverse
+circumstances and feel their position keenly. They are deserving of the
+compassion of society. Their families, it is true, are a burden upon
+private and institutional charity, but only a temporary one and after a
+while become the very means of recovering the broken fortunes of their
+parents. Very large sums are spent in relieving the necessities (often
+in providing the luxuries) of the undeserving poor, but this fact should
+not be made the basis of a charge against the deserving but helpless
+poor. My own acquaintance with the poorest parts of one of our largest
+cities leads me to believe that very little charity ever reaches the
+truly deserving poor. They battle on and keep their sad condition as far
+from public observation as possible. The undeserving are very clamorous.
+These two incidents are by no means uncommon, they are fairly typical.
+(a) I was called one night to baptise a dying child. The mother stated
+that she was too poor to buy a few necessaries ordered by the doctor. I
+purchased these myself and brought them to the mother. The next morning
+she sent to say the child was dead and would I lend her money to wire to
+the father. As he was in work I thought a collect telegram was more
+suitable. In the evening a request came for monetary assistance to
+<span class='pagenum'><a name="Page_118" id="Page_118">[Pg 118]</a></span>provide the child with a coffin and to purchase a plot in the cemetery.
+A clergyman who does that sort of thing might as well keep a private
+cemetery, undertaker and monumental mason of his own. I refused to do it
+and came in for a good deal of abuse. The mother appeared at the funeral
+in a new black silk dress!</p>
+
+<p>(b) A crippled woman who earned her living by ironing. She made on an
+average 10s per week. I suggested to her the advisability of applying
+for an old age pension and proceeded to fill in her papers. When she
+discovered that she was two months under the age of 65 she was horrified
+at what she thought an attempt on her part to swindle the Government.</p>
+
+<p>These cases speak for themselves. People seem afraid to refuse to give
+alms for fear of being called uncharitable, yet they have not the
+charity to investigate the cases brought before their notice and see
+that their relief is intelligently bestowed upon worthy persons. Some
+religious societies are cruel sinners in this respect. The consequence
+is that a premium is put upon professional begging and we have plenty of
+it. Society will never murmur against the burden of the deserving poor.
+Concerning the life of the poor, however, Korosi gives these
+statistics:&mdash;The average age of the rich is 35 years, of the well-to-do
+20.6 years, of the poor only 13.2 years. These statistics are supposed
+to hold good for all large towns. The average life of the pauper (that
+is the vicious pauper) will be shorter still seeing that in his <span class='pagenum'><a name="Page_119" id="Page_119">[Pg 119]</a></span>idle,
+vicious life the parent refuses to acknowledge his responsibilities
+towards his children and makes no effort to save them from perishing
+through want and proper healthful conditions. The numbers of the pauper
+may increase, but it is seen then that they do not live to any great
+length of life. The pauper has, however, a certain rate of increase and
+his children are brought up in pauper habits. To the criminal population
+they add about 2 per cent. of the whole. They constitute a burden, not
+very great, but one which society resents. To adopt tubo-ligature might
+relieve both society and the pauper, but its moral effect would be that
+the pauper would regard his vice as acknowledged and approved by
+society. To say that there are no other remedies, remedies which would
+compel the pauper to earn his living, is an appalling confession of
+failure on the part of society.</p>
+<br />
+<br />
+<br /><a name="Chapter_VI" id="Chapter_VI"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_120" id="Page_120">[Pg 120]</a></span>
+<br />
+<h2>Chapter VI.</h2>
+
+<h2>THE OBLIGATIONS OF SOCIETY TOWARDS THE WEAK.</h2>
+<br />
+
+<p>The last century is admittedly one in which was witnessed the greatest
+advances in civilization that the world has ever made. All classes in
+society may be said to have benefited. The rich have been given greater
+opportunities for the enjoyment of their riches and an enlarged sphere
+of usefulness opened to them. The poor have had their lot so greatly
+ameliorated, that given health, very few men in these colonies at all
+events, are poor except it be their own fault. The art of healing can
+now restore to health millions who, had they lived in an earlier
+century, would have suffered agonies. A universal education has opened
+the doors of colleges and universities and made it possible for those
+born in the humblest conditions of life, to attain to the most
+distinguished positions in the land. The private has become the general;
+the office boy the judge; the peasant boy the President; the
+full-blooded aboriginal has graduated through our universities and been
+called to the Bar; and no man can urge class distinction as being the
+cause of his failure in any ambition that he has faithfully pursued. All
+classes have benefited; almost all classes have advanced.</p>
+
+<p><span class='pagenum'><a name="Page_121" id="Page_121">[Pg 121]</a></span>Undeniably this advance has brought greater happiness into the world;
+whether it will continue will entirely depend upon what basis it is
+intended to secure this advance.</p>
+
+<p>With an increase of wealth and leisure there is the danger of
+demoralisation. Our society may substitute a false aim for its true one.
+Already there are an illimitable number of social reformers who are
+prepared to describe in very definite terms what is the state of
+perfected society and what laws are necessary for immediate enactment in
+order that we might rapidly reach that state. We all acknowledge the
+existence of the prophetic vision, but we limit its range and regard him
+most audacious who declares that he can describe the heaven in which
+society shall finally shelter itself securely from all that prey upon
+her. Advance as quickly as we may, there is a limit to our speed, and
+the future being all unknown we scarcely like to take it at a plunge.
+Nevertheless, these social reformers do a good work&mdash;their schemes are
+at least suggestive, and moreover they point out signs of the times.
+They show us unmistakably that with our advance there is a tendency to
+become more and more selfish and to regard with less true charity the
+condition of the weak. One social reformer will say that there will not
+be any suffering because therapeutics will have overtaken every disease
+that the flesh is heir to, or better still, that some new discovery will
+have made it possible to heal all sicknesses without the tedious work of
+<span class='pagenum'><a name="Page_122" id="Page_122">[Pg 122]</a></span>surgeons and nurses. Healing will become a pastime like table-turning.
+Neither will there be any criminals because the whole social state will
+be so happy, contented, and knit together that inducement to crime will
+cease. Others will treat the criminal "scientifically," ensuring reforms
+at the rate of 100 per cent. with lightning-like rapidity. Which all
+practically amounts to this, that the problem concerning the future of
+the weak is shelved. To study it deeply would spoil our best theories
+and therefore it must be got rid of. Dr Chapple has done nothing more
+than shelve it, for as we have seen his remedy is both practically and
+morally impossible. Like all others it betrays the selfish spirit. Like
+them it regards the weak as if they were nothing less than an
+intolerable incubus on society, a grit in its bearings. It may be that
+our social advancement will account for this. In old time when
+communities were small and fixed, the burden of nursing the helpless
+necessarily fell upon those who were immediately related by ties of
+blood or neighbourhood, but now the many changes in the method of living
+and treatment, has made this to a large extent impossible. Institutions
+have everywhere sprung up, and it is invariably to the advantage of our
+sick and afflicted that we should commit them to these institutions,
+which practice has engendered the belief that all our social obligations
+can be discharged by monetary payment. Not for one moment need we
+entertain the idea that this belief will ever become a dominating one.
+Charitable <span class='pagenum'><a name="Page_123" id="Page_123">[Pg 123]</a></span>influences are more powerful. Nor must we charge the authors
+of selfish systems with being as uncharitable as their systems. They
+give expression to a fairly strong and somewhat universal sentiment, a
+sentiment which we would perhaps disown at once upon its being unmasked
+and which many refuse to obey upon its appeal to them to act in
+accordance with its principles. This indicates that society sees many of
+its assailants in but a half-light. It observes neither their malice nor
+strength but only a dark ugly form which irritates us and which we would
+if we could banish by an act of will.</p>
+
+<p>This being impossible we must meet our assailants in a clearer light and
+destroy them. How can this be done, since it would mean the destruction
+of evil and the powers of evil? Then it cannot be done, but since evil
+feeds itself upon its victims we can greatly diminish its power and
+influence by rescuing all who fall within its grasp. Many we know we
+cannot rescue for there are certain types of disease mental and bodily
+which defy our skill and some of all types of moral disease also defy
+our effort. Still it would be better to say that we do not rescue them,
+than that we cannot, for what was incurable yesterday is curable to-day,
+and the most deadly diseases are giving clear evidence that their powers
+to baffle science are fast giving out. That they will give out,
+scientific men confidently hope. Neither is this hope groundless for
+past success warrant it and there again point to another assurance,
+almost a guarantee. The <span class='pagenum'><a name="Page_124" id="Page_124">[Pg 124]</a></span>miracles of healing which Our Lord wrought were
+not only to confer relief upon the suffering, not only to give evidence
+of His Divinity, but also to promise the triumph which would reward the
+efforts of man seeking to assist his afflicted brother. We will never
+heal by a word, neither will we raise the dead, for in these works of
+might we have peculiar evidence of the Divine Providence; but Christ's
+miracles seem to promise that He, the Light of the World, will yet grant
+the fullness of that illumination by which the works of healing are
+done.</p>
+
+<p>The sick, it is true, receive greater compassion from their fellowmen
+than the abnormal, the insane and the criminal. But these latter also
+demand our consideration if for no other reason than that they menace
+society. To exterminate them is impossible. A persecution with that end
+would defeat itself, and the persecutors would become morally infinitely
+worse than the persecuted.</p>
+
+<p>Secondly: their consideration is demanded from the fact that society has
+produced the evil plight of very many of them. In the great advance,
+they have fallen and been trampled on. Their right to fall may be
+denied, but whose right was it to trample on them? To declare it to have
+been inevitable that they should be trampled on, simply excuses guilt
+but not obligation. And the obligation is to make reparation as far as
+possible.</p>
+
+<p>Thirdly: because what should be a valuable asset to society,
+contributing substantially to her strength, <span class='pagenum'><a name="Page_125" id="Page_125">[Pg 125]</a></span>becomes a hostile power
+weakening her and hindering her progress. Any of these three
+considerations received separately is sufficient to convince us of our
+obligations to this uglier section of the weak, when combined their
+force is very great. But when we speak to them of peace do they not make
+them ready to battle? No, their case is not so hopeless as that. David
+lived under the Mosaic Dispensation, and Moses could give but the law
+whereas Christ has given His Life. Our method will determine everything.
+Good advice, good books, good laws will do but little; good work will
+accomplish all. "The greatest good of the greatest number" is a false
+ideal and absolutely unworthy either of our charity or our science. "The
+ultimate good of all" is the end society is destined to accomplish, and
+anything less is too little for her, anything more is impossible even to
+conceive.</p>
+
+<p>In working towards this ideal, which we cannot describe with greater
+definiteness, we are bound to recognise that <span class="smcap">Goodness</span> is our
+safe and only guide. The general direction of our advance in the past we
+can easily trace, but the purpose of the devious paths through which we
+were led is too difficult to understand. Our present puzzles us, our
+future sometimes appals us. Some rush ahead to see what lies before us
+and come back injured and pass away as pessimists, others hesitate to
+advance at all. We cannot outstrip our guiding pillar of light; but
+following it we are safe to advance. And in following, one of the <span class='pagenum'><a name="Page_126" id="Page_126">[Pg 126]</a></span>first
+convictions that comes home to us is that we must allow no waste,
+neither in the lives of others nor in the energies of ourselves. With
+this conviction soon comes the startling fact that the energies we are
+allowing to waste are identically those which were given to us to save
+the lives of others which are wasting. A wonderful independence exists
+among us. The social system is bound together by ties of nature, and not
+merely by those of commerce or benefit. Man is social, not merely
+gregarious. He enters into the life of his fellow-man and establishes
+relations which we are bound to call spiritual. Through the media of
+these relations, influences traverse which are of the most profound we
+know. These relations when established compel us to acknowledge our
+duties to one another and give us a delight in discharging them. This
+delight in turn becomes the power, which opens the eyes to the
+realization of the great principle of self-sacrifice. Egoism and
+altruism are not to be mutually exclusive. To seek our own happiness is
+not to be indifferent to the happiness of society. For what is
+happiness? not pleasure, but self-realization, and we cannot realise
+self without realising society.</p>
+
+<p>This interdependence which exists between man and man, and which makes
+it possible for us to influence one another so powerfully for good or
+for evil, points out to us that the true aim of every man, namely, to
+unite his work with that of his fellow-man in a grand co-operative
+undertaking for the advancement and <span class='pagenum'><a name="Page_127" id="Page_127">[Pg 127]</a></span>betterment of society regarded as a
+whole and with regard for its units. We cannot realise self if engaged
+in competition man against man in order to satisfy private ambition. Our
+object should be to unite and our hostility be provoked, not against one
+another, weak or strong, but against the powers which attack us
+individually and collectively.</p>
+
+<p>Necessity then lays the obligation upon us to give our first attention
+to the rescue of the weak. It was the recognition of this obligation
+which sent the Christian-Maidens into the suburbs of Rome seeking the
+exposed offspring of unnatural parents. To say that they would have been
+better dead, is to speak with that facility which requires neither
+mental nor moral perception.</p>
+
+<p>It is the recognition, in part, of this obligation which accounts for
+hospitals, asylums and other charitable institutions. Hence also we
+endeavour to shelter those born deficient in mental or moral power. Dr
+Chapple seems to think that the result of all this is that we have made
+a pretty mess of society. He says, of these weaklings, that Nature has
+decreed that they should die. A most unscientific statement. Are these
+charitable efforts to be regarded as profane interference with the
+sacred decrees of Nature? Nature's decrees are inviolate and none can
+disturb them. Because these weak, if left unaided, would perish, is that
+to say that Nature has decreed that they should die? If so, we must say
+of a man, stricken with typhoid fever, that Nature has decreed that he
+should <span class='pagenum'><a name="Page_128" id="Page_128">[Pg 128]</a></span>die, and that any effort to save him would be but a profane
+interference on our part with Nature.</p>
+
+<p>
+<span style="margin-left: 0.2em;">What does Nature say of these that</span><br />
+<span style="margin-left: 6em;">they do not live,</span><br />
+<span style="margin-left: 6em;">they cannot live, or</span><br />
+<span style="margin-left: 6em;">they must not live?</span><br />
+</p>
+
+<p>History has shown that in the past they do not live.</p>
+
+<p>But in order to discover the decree of Nature we must make a full and
+exhaustive enquiry into the possibilities which exist under the laws of
+Nature. So far as this enquiry has advanced it has been made quite clear
+that the charitable effort of man will recover many that would otherwise
+perish. The whole science of therapeutics is based upon this discovery.</p>
+
+<p>Dr Chapple says of defectives that they do live but that they must not.
+Two arguments he brings forward. The first is that Nature has decreed
+that they should not. This must be a secret communication, for it is not
+universal knowledge, and the operation of Nature's laws certainly
+appears to contradict it. The second argument is that they are a burden.
+The burden analysed amounts to this:&mdash;</p>
+
+<p class="noin">
+<span style="margin-left: 6em;">(a). They are a misery to themselves.</span><br />
+<span style="margin-left: 6em;">(b). They are too costly.</span><br />
+<span style="margin-left: 6em;">(c). They hinder the progress of society.</span><br />
+<span style="margin-left: 6em;">(d). They threaten to overwhelm society.</span><br />
+</p>
+
+<p>(a). Who can tell whether the weak are absolutely a misery to
+themselves. Pain is a mystery which cannot be solved, although to the
+suffering its benefits are well known. If they would be better out of
+the <span class='pagenum'><a name="Page_129" id="Page_129">[Pg 129]</a></span>way might they not be left to decide that matter for themselves?
+They, knowing best, cry to us for help. If we were merely gregarious
+creatures like wolves or sharks we would tear or destroy them in their
+misery; but as social beings we are bound to answer their cry. To cry
+for help is instinctive with them, and to respond to the cry is
+instinctive with us. Surely this is the voice of Nature and this is the
+decree of Nature.</p>
+
+<p>(b). If this argument be admitted then we are bound to declare that the
+one aim of both society and individual is to amass wealth. The idea is
+too sordid for further consideration.</p>
+
+<p>(c). So far from hindering the social progress they most powerfully
+assist it. The mere bearing of one another's burdens has the most
+refining and deepening influence upon character. It is most active in
+creating and establishing our relations one with another. Compassion for
+the suffering creates a tie between them and us. The intention to help
+requires our co-operation with others, and so the bond extends uniting
+first individuals then groups and then the whole of society. Nor must we
+forget the immense advance in surgery and medicine which is due entirely
+to the consideration of the lot of the apparently hopeless. Had these
+even been allowed to perish we should still have needed our surgeons and
+physicians in a well equipped society, if only to teach us how to
+prevent seizure by dangerous complaints.</p>
+
+<p>A short time ago many died from ailments which <span class='pagenum'><a name="Page_130" id="Page_130">[Pg 130]</a></span>surgery can to-day cure
+with but very little suffering on the part of the patient. Is not this a
+substantial gain which the bearing of the burden of the weak has brought
+to man? To mention other triumphs is but to enlarge. If therefore Nature
+has spoken there can be no doubt that it was to give a promise that she
+would reward diligent research by revealing the cure of all the ills our
+flesh inherits. Thus assured, scientific men are most zealously studying
+the most deadly and most obstinate diseases. Against plague, smallpox,
+and consumption they can at least give us an effective protection, and
+almost hourly we expect to hear the shout of triumph accompanying the
+announcement that the victory over cancer has been gained. When stricken
+with these diseases we immediately fall into the ranks of the unfit; but
+we will thank society for having borne its burden when the healing art
+is brought to such an excellence that, when so stricken, we may soon be
+restored to the ranks of the fit. The benefit which the past confers
+upon us declares imperatively our obligation to the future.</p>
+
+<p>(d). Do they threaten to overwhelm? The power of disease is being
+overcome, and therefore the number of the diseased is being lessened. By
+being cured, instead of dying, these increase the proportion of the
+strong to the weak. The obstinacy of certain hereditary diseases but
+asserts the necessity of prosecuting study more enthusiastically.</p>
+
+<p>But if the strong limit their increase they cannot <span class='pagenum'><a name="Page_131" id="Page_131">[Pg 131]</a></span>demand that
+exterminating methods should be applied to the weak in order to restore
+the proportion which they, the strong, have thus by their selfishness
+disturbed. Nature gives adequate protection so far as numerical increase
+is concerned, and no scientific man will dare to state that this
+protection may be disregarded and another demanded.</p>
+
+<p>The Government of India has been charged with pursuing a suicidal policy
+in safeguarding the natives against plague and smallpox and in
+preventing human sacrifice. Their numbers will increase, food supplies
+will give out, or, worst of all, they may become so powerful as to wrest
+the supremacy from the European. Charity, however, demands that these
+measures shall be taken, and the terrors of the future are at best
+hypothetical. This is but another case in which consideration for the
+unknown future is apt to hinder us in the discharge of our known duties
+to the present. History assures us that the guarantee of the future lies
+in the fulfilment of these duties. The height of absurdity is reached
+when the attempt is made to establish the proportions of the future.
+Such efforts defy man.</p>
+
+<p>The burden of the weak is the burden of the strong, and in the bearing
+of it is brought into view the grand and true ideal of society&mdash;the good
+of all.</p>
+
+<p>Man is endowed with natural powers for assisting his weaker brother,
+and, above all these powers he has, through supplication the means of
+engaging the Divine Influence, which simply defies all <span class='pagenum'><a name="Page_132" id="Page_132">[Pg 132]</a></span>calculation
+against the possibility of reform or recovery.</p>
+
+<p>Where charitable effort in the past has not succeeded it is because it
+has not gone far enough. Building institutions is sometimes due to a
+craze and not charity. Thus evils are sometimes accentuated and not
+mitigated. Such failures must spur to redoubled effort. Hope was never
+larger than at present.</p>
+<br />
+<br />
+<br /><a name="Chapter_VII" id="Chapter_VII"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_133" id="Page_133">[Pg 133]</a></span>
+<br />
+<h2>Chapter VII.</h2>
+
+<h2>THE NEW PENOLOGY.</h2>
+<br />
+
+<p>The old method of dealing with criminals was based entirely upon a
+doctrine of vengeance. The criminal was regarded as being in every way a
+normal man, a man who deliberately chose to be a criminal. The
+possibility of a criminal's moral sense being defective, of his not
+being able to bring his actions under the control of his will, or of
+some other sad handicap existing, was never contemplated. His crime was
+looked upon as a desperate act, for the committal of which he was
+absolutely without any excuse. The consequence was that an elaborate
+system of torture was devised in order to deal with him. Readers who are
+familiar with such books as Marcus Clark's "For the term of his natural
+life," and Charles Reade's "It is never too late to mend," will require
+no further description of the horrors of "the vengeance system" which
+was supposed to be the only rational method of dealing with criminals in
+the days of the convict settlements.</p>
+
+<p>Since then, popular vengeance has considerably relaxed and the devising
+of painful forms of punishment has become almost a lost art. The
+new-born science, with its first powers of articulation, loudly repeat
+the words of Revelation, "Vengeance is mine, I will repay, saith the
+Lord." A system of vengeance <span class='pagenum'><a name="Page_134" id="Page_134">[Pg 134]</a></span>instituted by man against man is
+impossible. As has been stated in a previous chapter, the new penology
+repudiates all such systems. The amount of pain which an individual is
+to be called upon to suffer may well be left to the higher tribunal. The
+obvious duty of man to his fellow-man who is depraved, is to endeavour
+to recover him. There is no satisfaction in punishing him, but there is
+every satisfaction in reforming him.</p>
+
+<p>The new penology covers the investigation and study of every
+circumstance surrounding the criminal as such. No circumstance is so
+trifling as to be passed by, every detail is carefully studied with the
+object of discovering what the criminal is and how he came to be such,
+what are his possibilities, and by what methods those possibilities may
+be reached.</p>
+
+<p>Maconochie ventured upon the bold assumption that the criminal was a
+human being, and this assumption proved to be justified. In 1840 he was
+sent to Norfolk Island to take charge of 1400 double-convicted felons
+there. He describes them in these words:&mdash;"For the merest trifle they
+were flogged, ironed or confined in gaol for days on bread and water.
+The offences most severely punished were chiefly conventional; those
+against morals being little regarded, compared with those against
+unreasonable discipline. Thus the horrid vices with acts of brutal
+violence, or of dexterity in theft and robbery, were detailed to me by
+the officers with <span class='pagenum'><a name="Page_135" id="Page_135">[Pg 135]</a></span>little direct censure, and rather as anecdotes
+calculated to astonish and amuse a new-comer. While the possession of a
+pipe, a newspaper, a little tea, etc., or the omission of some mark of
+respect, a saucy look or word, or even an imputation of sullenness, were
+deemed unpardonable offences. They were fed more like hogs than like
+men; neither knives, forks, nor hardly any other conveniences were
+allowed at tables. They tore their food with their fingers and teeth,
+and drank out of water buckets. The men's countenances reflected
+faithfully this description of treatment. A more demoniacal looking
+assemblage could not be imagined; and nearly the most formidable sight I
+ever beheld was the sea of faces upturned to me when I first addressed
+them. Yet three years after, I had the satisfaction of hearing Sir
+George Gipps ask me what I had done to make the men look so well?&mdash;he
+had seldom seen a better looking set."</p>
+
+<p>Maconochie had invented the mark system (the principle of the
+indeterminate system) and made the prisoners' liberation depend upon
+their conduct and character and not upon the original offence.
+Maconochie's experience led him to write in after years to a friend, "if
+you would try a social-moral one (prison system) you would soon get
+important results. If our punishments were first of all made
+<span class="smcap">REFORMATORY</span>, and generally successful in this object the
+prejudices of society against the early criminal would abate." Inspired
+with this hope of reforming the criminal and restoring him to society
+<span class='pagenum'><a name="Page_136" id="Page_136">[Pg 136]</a></span>as a useful member, philanthropists began the exhaustive study of the
+criminal. In prisons where the value of this science is recognized the
+criminal upon his entry is subject to a most thorough examination, every
+item of his family history is carefully enquired into. Information
+concerning the occupation, education, health and character of all who
+are nearly related to him is obtained, as also the moral and economic
+conditions of his home life, and the character of his associates. He
+himself is studied for the existence or traces of disease; for
+abnormalities, arrested or exaggerated physical and mental development.
+The strength of his various muscles, the vitality of his organs, his
+mental and nervous capacity, and his moral susceptibility are all
+estimated. His powers of self-control are determined. His disposition is
+carefully studied. His opportunities in life, his educational
+advantages, his early career, the nature of the crime, the immediate
+influencing circumstances, as provocation, hunger, cold, atmospheric
+disturbances are all noted.</p>
+
+<p>Such is a brief outline of the examination, the object of which is to
+discover as far as possible the real cause which led to the crime, what,
+if any, were the social, physical, psychical and provocative elements
+contributing to the cause; what their value; and what are the most
+promising lines upon which the criminal's reform may be directed. He is
+by no means regarded as a passive product of forces over which he has no
+control, nor his crime as the <span class='pagenum'><a name="Page_137" id="Page_137">[Pg 137]</a></span>consequence of himself. It is essential
+to the success of all reformatory discipline that moral responsibility
+must be recognised and observed. In fact it may be said, that
+reformation is complete when moral responsibility, insisted upon by the
+discipline, becomes at last acknowledged by the man.</p>
+
+<p>Perhaps it may be thought that it is not possible to conduct such a
+study with anything like accurate results, and that the greater part of
+it would be mere guess work, as e.g. the determining the capacity of
+a man's nervous system or his degree of moral susceptibility. This is
+quite a mistake. There is nothing whatever of a speculative quality in
+the results advanced by criminologists. Their methods are exact and
+compare equally with those for the investigation of other phenomena.</p>
+
+<p>It is not claimed that the absolute or the relative value of the data
+collected is as yet determined, nor yet that any one investigation has
+been exhausted; but this much can be claimed, that the results obtained
+are of high practical worth and justify the assurance that the solution
+of the problem concerning the criminal will soon be reached.</p>
+<br />
+<br />
+<br /><a name="Chapter_VIII" id="Chapter_VIII"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_138" id="Page_138">[Pg 138]</a></span>
+<br />
+<h2>Chapter VIII.</h2>
+
+<h2>THE PREVENTION OF CRIME.</h2>
+<br />
+
+<p>The result of Criminological studies has indicated most clearly that no
+measures for the prevention or repression of crime will ever be adequate
+which are not based upon a scientific system of education. Whatever this
+system may prove to be, it must have one distinct aim, and that is to
+train all its members to love, and to work for, the social state. This
+aim must be accomplished most thoroughly no matter what the cost may be.</p>
+
+<p>The decreasing birth-rate points to other conclusions than the obvious
+one that a large number of persons must be using preventive means. It
+points to a widespread selfishness which regards children as an
+intolerable burden, as in fact nothing less than a grievous misfortune.
+It is obvious that where children are so regarded a blight has fallen
+upon the domestic life. Home cannot be the brightest spot on earth to
+them; neither can the father and mother be their sympathetic guides,
+counsellors, and protectors. Nor can those children be studied (by those
+who alone have the special faculty for studying them) in order that
+their secret aims and ambitions and the difficulties which obstruct
+these aims and ambitions, may be understood.</p>
+
+<p><span class='pagenum'><a name="Page_139" id="Page_139">[Pg 139]</a></span>It follows then that from parental selfishness a great number (and close
+observation leads one to believe that by far the greater proportion) of
+the children of this generation and in this colony, are growing up with
+less care and attention being bestowed upon them than what their parents
+are prepared to bestow upon even their very horses or their dogs. This
+factor of parental selfishness cannot be ignored either academically or
+practically. It must in some way be overcome, or at least its influence
+for harm must be considerably reduced.</p>
+
+<p>It would be interesting to discover how far this parental selfishness
+was a deviation from true parental pride. Possibly it may not be so very
+great as the vast difference in results may lead us to suppose, and if
+this be so the reorganisation of the child's educational system will not
+be insuperably difficult.</p>
+
+<p>In many homes where there are more than two or three children, there is
+a total lack of domestic sympathy and pride. The children are not taught
+to love one another nor to understand and help one another. Adult
+influence is very seldom brought to bear upon them, and, worst of all,
+parental influence is either wanting, deficient or injurious. What
+children suffer from this want in the development in their natures must
+of necessity be, and it unquestionably is, sufficient to handicap them
+throughout their whole life. Parents profess that they have done their
+best with this or that child and that they have failed, but the fault
+largely lies in the parents undertaking the task <span class='pagenum'><a name="Page_140" id="Page_140">[Pg 140]</a></span>with every expectation
+of failure, and the chief characteristics noticed by the child have been
+the parental irritability, impatience and incompetence. Having estimated
+these the child then knows exactly how to gain its own ends and has
+sufficient determination to persevere until it does. A certain amount of
+harsh treatment will suffice, until the child is old enough to rebel, in
+order to keep it in check, or, as is just as often the case, the child
+may be allowed to have its own way entirely. Under such circumstances it
+is not a matter of great wonderment that the child should be looked upon
+as a burden to be fed, clothed, and tolerated until it is old enough to
+"do something" for itself.</p>
+
+<p>But our school system is also at fault, for by it our children are
+crammed with an amount of information the whole, or even the greater
+part, of which very few of them will ever use. Imagine the object, if
+one can, of spending the precious hours of a child's educational life in
+teaching it the names of every dozen or so of the different towns of
+each county in the United Kingdom, and at the same time entirely
+neglecting its moral training and giving very little attention to the
+physical.</p>
+
+<p>If a child be bright he has every consideration from his teachers and
+receives from his companions the opprobious nickname of "Teacher's Pet."
+He gains a reward, perhaps a medal, and at the annual distribution of
+prizes the speech-makers point to the coming legislators and successful
+men of business in a manner <span class='pagenum'><a name="Page_141" id="Page_141">[Pg 141]</a></span>which conveys to this scholar the idea that
+the one thing to live for is to gain an exalted position in the world.
+This would not be so bad in itself, were it not that the love for honest
+labour is not inculcated at the same time, and consequently the children
+imagine that they are going to be pitchforked into prominence. As an
+evidence, witness the speculative spirit so universal among our youth.
+They hope to make their way in life simply by "striking it lucky."
+Personally I have spoken to a large number of boys about the ages of
+from fourteen to sixteen years and I have never yet been able to find a
+boy who could tell me definitely what he would like to be. His father
+looks about for something for him to do without any knowledge of the
+boy's possibility of greatest success lying in one well marked
+direction. The boy remains in a billet only so long as he fails to get
+another with a greater wage attached to it, and when perhaps twenty
+years of age are reached he is conscious of where the true lines of his
+destiny lie; but it is then too late for him to begin the necessary
+education, and the consequence is that his life loses its inspiration.
+Now it is quite possible that if our school system were so reorganised
+that parents saw as a result that their children developed a true love
+for labour and worked with definite purpose, that they would take a more
+intense pride in them and enter more sympathetically into their labours
+and ambitions. The education of the child would thus be brought to react
+upon the parent and tend immediately <span class='pagenum'><a name="Page_142" id="Page_142">[Pg 142]</a></span>to reorganise the domestic life
+and bring it closer to the Hebrew conception, which conception when
+realised would most thoroughly solve the problem of the moral
+regeneration of the race. It is impossible for the State to have to
+commence to educate the parent except by reactionary methods and by
+compelling the observance of all legitimate obligations. That our
+present school system does not react favourably upon the parent must be
+obvious from what has already been said. In the past when only the
+fortunate few were able to secure the advantages of a good education,
+they, for the most part, recognised the greatness of their opportunity
+and prosecuted their studies with zeal. But to-day, with an universal
+educational system the value of these opportunities is, by the child and
+sometimes by the parent, very much lost sight of. The child needs now a
+stimulant, something to arouse and sustain his interest in his work. He
+should learn to regard his school work with pleasure and his home with
+affection.</p>
+
+<p>The three principal standpoints from which education is regarded
+are:&mdash;(a) the utilitarian, (b) the disciplinarian, and (c) a compromise
+between the two.</p>
+
+<p>The Utilitarians consider that an educational system should store the
+mind of the child with such knowledge only as shall be of direct value
+to it in its after life. The disciplinarians consider that a child's
+education should content itself with so developing the <span class='pagenum'><a name="Page_143" id="Page_143">[Pg 143]</a></span>faculties that
+when matured they may be adequate for such mental tasks as the after
+life or vocation may provide. The middle course is held by those who
+endeavour to train the faculties of the child in the manner prescribed
+by the disciplinarians, but in so doing, they employ the mind upon
+exercises, the accomplishment of which, is of immediate and permanent
+value.</p>
+
+<p>The education system in New Zealand is constructed upon the utilitarian
+basis. The children's minds are crammed with knowledge&mdash;<span class="smcap">USEFUL</span>
+knowledge let it be called&mdash;and they are encouraged to be diligent
+because of the great benefit this knowledge will be to them when they
+become men and women&mdash;which development the child of eight expects will
+be attained sometime before the end of the world, and will then come by
+chance. The reward of the child's labour is thrown into the far distant
+future, and is so entirely lost sight of as an inspiring factor, that
+artificial rewards have to be provided and the child ponders over his
+lessons in the hope of winning one of Ballantyne's or Henty's "Books for
+Boys."</p>
+
+<p>Now, the facts of a child's life demonstrate conclusively that the child
+is capable of having all its interests absorbed in its work. The
+diligence with which it will build up a doll's house out of a soap box,
+a jam tin, a few stones and any odds and ends that it can lay its hands
+on, is sufficient evidence of this. The child loves to make things for
+itself, and its affection for the rude creations of its own mind is <span class='pagenum'><a name="Page_144" id="Page_144">[Pg 144]</a></span>far
+greater than that for its most gorgeous and expensive toys. Upon the
+recognition of these facts, the kindergarten system is based.</p>
+
+<p>In Sweden a very successful attempt has been made to construct the whole
+of the primary system upon this basis, and for this purpose Sloyd has
+been introduced into the schools. Certain Sloyd exercises have made
+their appearance in our New Zealand schools and have met with somewhat
+severe criticism, the whole system being condemned as being ideal
+theoretically, but valueless practically. It took many years before the
+Swedish system was perfected, and it should follow obviously that a very
+partial experiment, such as the colonial one has been, gives no idea of
+what value the complete system may achieve.</p>
+
+<p>By Sloyd, we understand a system of educational hand-work. The children
+are employed upon various kinds of hand craft with the object of
+developing their mental, moral, and physical powers. The object is
+<span class="smcap">NOT</span> to make artisans of the children, although undoubtedly
+those children who afterwards become tradesmen find that the educational
+principles of their trade has already been grasped by the intellect, but
+the same will apply to those entering any legitimate vocation without
+exception.</p>
+
+<p>Although there are many different kinds of Sloyd, woodwork has been
+discovered to be the most useful, and it alone survives the severe tests
+imposed. A glance at the accompanying table will explain what is meant.</p>
+
+<p class="cen">COMPARATIVE TABLE OF DIFFERENT KINDS OF SLOYD.<span class='pagenum'><a name="Page_145" id="Page_145">[Pg 145]</a></span></p>
+
+<p class="noin">
+Key:<br />
+A - Does it accord with children's capability?<br />
+B - Does it excite and sustain interest?<br />
+C - Are the objects made useful?<br />
+D - Does it give a respect for rough work?<br />
+E - Does it train in order and exactness?<br />
+F - Does it allow cleanliness and neatness?<br />
+G - Does it cultivate the sense of form?<br />
+H - Is it beneficial from an hygienic point of view?<br />
+&nbsp;I - Does it allow methodical arrangement?<br />
+&nbsp;J - Does it teach dexterity of hand?<br />
+</p>
+
+<div class="centered">
+<table border="0" width="100%" cellpadding="2" cellspacing="0" summary="Comparative Table">
+  <tr>
+  <td class="tdctb" style="font-size: 75%;">Branches of Sloyd.</td>
+  <td class="tdctlb" style="font-size: 75%;">A</td>
+  <td class="tdctlb" style="font-size: 75%;">B</td>
+  <td class="tdctlb" style="font-size: 75%;">C</td>
+  <td class="tdctlb" style="font-size: 75%;">D</td>
+  <td class="tdctlb" style="font-size: 75%;">E</td>
+  <td class="tdctlb" style="font-size: 75%;">F</td>
+  <td class="tdctlb" style="font-size: 75%;">G</td>
+  <td class="tdctlb" style="font-size: 75%;">H</td>
+  <td class="tdctlb" style="font-size: 75%;">I</td>
+  <td class="tdctlb" style="font-size: 75%;">J</td>
+  </tr>
+  <tr>
+  <td class="tdl" width="12%" style="font-size: 75%;">Simple Metal Work</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" width="8%" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" width="10%" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" width="8%" style="font-size: 75%;">Tolerably No</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" width="9%" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" width="8%" style="font-size: 75%;">Yes</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Smith's Work</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Hardly</td>
+  <td class="tdclv" style="font-size: 75%;">Tolerably</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">Perhaps</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Basket Making</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Hardly</td>
+  <td class="tdclv" style="font-size: 75%;">Tolerably</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Straw Plaiting</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">No?</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Brush Making</td>
+  <td class="tdclv" style="font-size: 75%;">No?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes??</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Tolerably</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">House Painting</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Fretwork</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%; vertical-align: bottom;">Bookbinding</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No &amp; yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes Tolerably</td>
+  <td class="tdclv" style="font-size: 75%;">Hardly</td>
+  <td class="tdclv" style="font-size: 75%;">Tolerably</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No?</td>
+  <td class="tdclv" style="font-size: 75%;">Perhaps</td>
+  <td class="tdclv" style="font-size: 75%;">Tolerably</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Cardboard Work</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes very high</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No?</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Sloyd Carpentry</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Turnery</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Hardly</td>
+  <td class="tdclv" style="font-size: 75%;">partly (not quite No)</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%;">Carving in Wood</td>
+  <td class="tdclv" style="font-size: 75%;">Yes?</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  <td class="tdclv" style="font-size: 75%;">Yes</td>
+  <td class="tdclv" style="font-size: 75%;">No</td>
+  </tr>
+  <tr>
+  <td class="tdl" style="font-size: 75%; border-bottom: .5pt black solid;">Clay Modelling</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">Yes</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">Yes</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">No</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">No</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">Yes &amp; no</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">No</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">Yes</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">No</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">Yes</td>
+  <td class="tdclv" style="font-size: 75%; border-bottom: .5pt black solid;">No</td>
+  </tr>
+  <tr>
+  <td class="tdc" colspan="11" style="font-size: 75%;">From "Theory of Sloyd," Salomon.</td>
+  </tr>
+</table>
+</div>
+
+<p><span class='pagenum'><a name="Page_146" id="Page_146">[Pg 146]</a></span>The objects of Sloyd are:&mdash;(a) to instil a taste for, and love of,
+labour in general.</p>
+
+<p><span class="smcap">Note.</span>&mdash;(For this analysis of the Sloyd system the author has
+based his study upon Herr Salomon's works "The theory of educational
+Sloyd" and "The Teacher's hand book of Sloyd.")</p>
+
+<p>Children love to make things for themselves and prize their own work
+much more than ready made articles. The educator should follow Nature's
+lead and satisfy this craving. By a skilful direction of the child's
+interest a love for labour in general is instilled, and rewards are
+found to be unnecessary, the children being only too eager to achieve.
+To sustain their interest in the work they are engaged upon must be
+useful from <span class="smcap">THEIR OWN STANDPOINT</span>. The work should not be
+preceded by fatiguing exercises, but the first cut should be a stroke
+towards the accomplishment of the desired end. The exercise must afford
+variety. The entire work of the exercise must be within their power and
+not requiring the aid of the teacher to "finish it off." It must be real
+work and not a pretence; and the objects should become the property of
+the children. To give children intricate joints to cut is of no real
+value. The child has no genuine interest in what are simply the parts of
+an exercise, it must make something complete and useful in itself. To
+make a garden stick accurate according to model is of more value than to
+make the most intricate joint. One may say that the child who could do
+the one could do the other, but that is not <span class='pagenum'><a name="Page_147" id="Page_147">[Pg 147]</a></span>the point, for the object
+is not merely to gain manual dexterity but to develop all the faculties
+of a child, and this is what the complete exercise achieves and in what
+the partial exercise absolutely fails.</p>
+
+<p>(b) To instil respect for rough, honest, bodily labour, which is
+achieved by the introduction of the work into schools of all grades so
+that ALL classes of the community may engage upon it, and by the
+teachers taking pride in it themselves, and by their intelligent
+teaching of it to their classes.</p>
+
+<p>(c) To develop independence and self-reliance. The child requires
+individual attention, the teacher must not tell too much, the child
+should endeavour as far as possible to discover by experiment the best
+methods for holding and manipulating tools, and also to be allowed as
+much free play as possible for its judgment.</p>
+
+<p>(d) To train in habits of order, exactness, cleanliness, and neatness.</p>
+
+<p>Which are acquired by keeping the models well within the children's
+range of ability, demanding that the work shall always be done in an
+orderly manner and with the greatest measure of exactness that the child
+is capable of. How far cleanliness and neatness may be instilled is
+apparent from the nature of the work.</p>
+
+<p>(e) To train the eye, and the sense of form. To cultivate dexterity of
+hand and develop touch.</p>
+
+<p>The models are of two kinds:&mdash;rectilinear and curvilinear. The former
+are tested by the square, the <span class='pagenum'><a name="Page_148" id="Page_148">[Pg 148]</a></span>rule and the compasses, but the accuracy
+of the latter depends upon the eye, the sense of form and that of touch.
+This training enables the child to distinguish between good and bad work
+and to put a right value upon the former, to understand the right use of
+ornament, and also cultivates the &aelig;sthetic taste upon classic lines. An
+enormous number of jerry built articles are sold, which the public
+readily buy simply on account of their ornamental appearance. If the
+ability to distinguish between good and bad work were more universal it
+would go far towards improving trade morality.</p>
+
+<p>(f) To cultivate habits of attention, interest, etc. The success of the
+work requires that the mind shall be closely concentrated upon it. The
+nature of the work excites the interest of the child, and under careful
+direction this interest is sustained throughout. A genius has been
+described as a man capable of taking pains&mdash;a master of detail. Sloyd is
+eminently suited for concentrating the attention upon the details of
+work and for training the Sloyder to be thorough and never content with
+"making a thing do."</p>
+
+<p>The desire of the child to finish the work and to finish it well,
+overrides any element of impatience or irritability that may be in his
+character, and in a natural way introduces the elements of patience and
+perseverance in his work. These qualities are not confined to his Sloyd
+work but extend throughout his character, so that he realises that the
+work of life all contributes to some definite aim.</p>
+
+<p><span class='pagenum'><a name="Page_149" id="Page_149">[Pg 149]</a></span>(g) Uniform development of the physical powers. Statistics collected
+from any country show that many forms of disease before unknown among
+the young, are now very prevalent among the children taught in the
+schools. These diseases are attributed to the many hours during which
+children are required to sit and to the bad positions they assume during
+those hours. Skoliosis&mdash;curvature of the spine&mdash;a serious disease, as it
+produces displacement of the internal organs, nose bleeding, &aelig;nemia,
+chlorosis, nervous irritation, loss of appetite, headache, and myopia,
+are diseases which are declared by experts to accompany the present
+system of education.</p>
+
+<p>Sloyd when properly taught tends to develop the frame according to the
+normal standard. It may not be as good as gymnastics in this direction:
+but it has this advantage that it trains the pupil to engage in his work
+in such a manner as not to hinder nor stunt the development of his body,
+and not to cramp the vital organs in such a manner as to interfere with
+the discharge of their functions. The pupils are taught to use both
+hands and to develop both sides of the body. The following chart from
+Herr Salomon's work will show to what degree the body may develop on a
+lopsided manner when one side only is used in performing work. The chart
+shows the sectional measurement of the chest of a boy of thirteen years
+of age who for three years had worked at a bench using the right side
+only.</p>
+
+<p><span class='pagenum'><a name="Page_150" id="Page_150">[Pg 150]</a></span>The foregoing brief analysis may show the ends which Sloyd is destined
+to accomplish, and upon the value of those ends no explanation is
+required. Habits of industry, patience and perseverance are inculcated.
+The child learns to know his own power and how best to use it. His
+tastes are cultivated and he learns to love work and understand the true
+dignity of labour. Such results are not the results of the copy book but
+they are permanently impressed upon the child's character. That such an
+education must react upon the parent is obvious. The child's life is
+full of aim and he does everything with a purpose, and in such a child
+only the most depraved parent will fail to take interest, and children
+have this characteristic, that they force their knowledge upon the
+notice of their parents whenever they can. The boy who begins to learn
+house painting soon expresses the wish to paint his own home; if
+carpentry, he wishes to build a shed; if joinery, he wishes to make a
+table; and how often one notices a home where tidiness and order are due
+to the educated child, and where taste in furnishing is accounted for by
+the daughter's cultivated &aelig;sthetic taste. Children then, so trained as
+the Sloyd system provides, may contribute enormously to the happiness
+and brightness of the home life. Instead of regarding them as a burden
+their parents will behold them with delight and pride, and instead of
+looking out for "something for them to do," indifferent whether it be
+driving a cart, selling in a shop, or clerking in a lawyer's office,
+they will find that the child himself has a definite idea of where his
+after course should lie, and they will do their utmost towards assisting
+him to follow it.</p>
+
+<div class="img">
+<a href="images/imagep151.png">
+<img border="0" src="images/imagep151.png" width="60%" alt="fold paper along the axis." /></a><br />
+<p class="cen" style="margin-top: .2em;"><i>To perceive the amount of distortion, fold the paper
+along the axis of the diagram, and hold it between the eye and the
+light.</i></p>
+<p class="cen" style="margin-top: .2em;"><i>From "Theory of Sloyd"</i>&mdash;<span class="smcap">Salomon.</span></p>
+</div>
+
+
+<p><span class='pagenum'><a name="Page_151" id="Page_151">[Pg 151]</a></span>It cannot be supposed that Sloyd will succeed in the midst of
+incongruous surroundings. To train the eye to a sense of the beautiful
+in a dirty schoolhouse is somewhat difficult. The glorious handiwork of
+God will not be taught in the playground which, with its mudholes, ruts,
+and filth, more resembles a cattle yard than anything else. A school and
+its grounds must at least show that the authorities themselves really
+appreciate the lessons they are endeavouring to have instilled into the
+minds of their scholars. So, too, a similar system must underlie the
+method of teaching the ordinary lessons at the school desk. How many
+children will say "I love history but I detest dates"? What value are
+the dates? Let history be taught as Fitchett teaches it in his "Deeds
+that won the Empire" and the end will be accomplished, patriotism will
+be inspired, and the nation loved. Dates, names of deeds, causes of war,
+international policies may easily be introduced incidentally. Let
+geography be taught as Fraser teaches it in his "Real Siberia" or Savage
+Landor in his "In the Forbidden Land" and the map will be studied with
+interest and the subject never forgotten. Let the notation be dispensed
+with until the child understands the problem or theorem and Euclid will
+become fascinating.</p>
+
+<p><span class='pagenum'><a name="Page_152" id="Page_152">[Pg 152]</a></span>Without a shadow of doubt the best preventive of crime is an universal
+system of education so designed that the whole interest of the child is
+absorbed in its work. An absolute solution of the whole problem
+undoubtedly requires that the religious education of the child be also
+undertaken and effectively carried out. The question of the religious
+education of the young is one which is exciting attention throughout the
+whole of the English speaking world. There are those who advocate that
+instruction in the Bible lessons should be given by teachers during
+school hours to the scholars attending the Government schools, and there
+are those who vigorously oppose such a course.</p>
+
+<p>The advocates base their arguments upon their belief that no system of
+education which ignores religious teaching can be effective or complete.
+Their opponents declare that it is unjust to call upon the teachers of a
+secular education to give instruction in religion, or for the State to,
+in any way, subsidise the various religious denominations or to
+supplement their efforts in this particular direction. Both sides
+petition the Government and both sides prepare the people for a possible
+referendum upon the question.</p>
+
+<p>The State cannot be expected to regard the matter from other than a
+purely utilitarian standpoint. "Will it make the people better
+citizens?" it enquires. "Will it lesson crime and promote honesty,
+thrift and loyalty?" These questions still remain unanswered, and in the
+midst of so much rationalistic <span class='pagenum'><a name="Page_153" id="Page_153">[Pg 153]</a></span>teaching, and especially with the
+example of the noble lives of many rationalists before it, the State
+believes that there is room for much difference of opinion, and
+therefore it cannot move in the matter. The advocates of religious
+education seem to take it for granted that their beliefs are
+unassailable and that they are simply fighting against the powers of
+Darkness: but they forget that they are doing very little to bring
+others to hold the same convictions as themselves. It should not be a
+difficult task to answer to the utilitarian position with an emphatic
+affirmative and to bring conclusive evidence to support that
+affirmative. Where, it may be asked, are to be found the men who are
+leaders in thought and action who have, without any religious influence
+whatever, risen from the depths of misery, crime and filth? Where are to
+be found the families now living in honesty and virtue, though still in
+poverty, families in the midst of which every form of wickedness was
+once to be seen, who owe nothing to religious influence? The rationalist
+may claim that when his educational theories are adopted and put into
+practice all dens of misery and vice will disappear, but he cannot
+support his statement with convincing proofs. The teacher of religion is
+infinitely better off. While he strenuously supports the adoption of
+better and larger educational effort, he insists that, in order to gain
+the active co-operation of those on behalf of whom it is to be employed,
+religious influences must be brought to bear, and for the support of his
+statement he need <span class='pagenum'><a name="Page_154" id="Page_154">[Pg 154]</a></span>only say "open your eyes and look around you."</p>
+
+<p>The influence of religion in regaining criminals cannot be gainsaid by
+any, and the United States Educational Report for 1897-98 declares that
+it is most important for the inculcation of sound morality, that
+children should, from a very early age, be brought under the influence
+of good religious teaching.</p>
+
+<p>When the State is convinced that religious education is an absolute
+necessity, it will approach the question of ways and means with a
+determination that a satisfactory solution must be arrived at, and what
+it will then demand is not so much an emasculated Bible as the bringing
+to bear upon the children of the vital regenerative influences of
+religion.</p>
+<br />
+<br />
+<br /><a name="Chapter_IX" id="Chapter_IX"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_155" id="Page_155">[Pg 155]</a></span>
+<br />
+<h2>Chapter IX.</h2>
+
+<h2>SOME AMERICAN EXPERIMENTS;&mdash;</h2>
+<h2>THE PROBATION SYSTEM.</h2>
+<h2>THE ELMIRA SYSTEM.</h2>
+<br />
+
+<p><b>The Probation System.</b>&mdash;In several of the States of America an attempt
+has been made to devise a substitute for imprisonment in the cases of
+persons convicted for minor offences.</p>
+
+<p>The State of Massachusets was the first to take the lead by initiating a
+somewhat elaborate system of probation.</p>
+
+<p>Briefly described, it is an attempt to reform a prisoner
+<span class="smcap">OUTSIDE</span>.</p>
+
+<p>Imprisonment for minor offences has had many bad features and should,
+where possible, be avoided. Firstly, there is the stigma that attaches
+to every man who has worn the broad-arrow. Secondly, there is the loss
+of self-respect which, together with the contaminating influences
+existing in a prison, often convert the minor offender into the hardened
+criminal. Thirdly, there are the hardships that the wife and family are
+called upon to endure while the bread-winner is in gaol and not earning
+wages.</p>
+
+<p>The Probation System seeks to overcome all these difficulties. Instead
+of sentencing an offender to a period of imprisonment, the judge
+confides him to the care of the probation officer for a period
+co-terminous <span class='pagenum'><a name="Page_156" id="Page_156">[Pg 156]</a></span>with that which he would otherwise have had to spend in
+prison. The minimum period of this sentence is six months, and the
+average about twelve months.</p>
+
+<p>In the cases of female offenders and of youths under the age of 18 years
+the probation officer is usually a woman; for adult males, a man acts as
+officer.</p>
+
+<p>The officers are invested with very considerable authority. It is their
+duty to keep the very closest watch over their wards and to report
+continually upon their behaviour. They frequently visit the homes and do
+their utmost to become acquainted with the conditions of the home and
+industrial life under which their wards live. The visits are so arranged
+that they by no means imply an official errand, the officers endeavour
+to discover the weaknesses of their wards and the temptations to which
+they are most likely to succumb, and as far as possible to remove them
+out of the reach of these temptations or to strengthen them against
+their power. Some officers provide for meetings to be held for those
+committed to their charge. Especially is this the case with those who
+have the charge over youthful offenders. At such meetings games,
+edifying entertainment and instruction are provided. It is also quite
+competent for an officer to receive the wages of a probationer. In these
+cases, he will give the man's wife a sufficient sum to meet the ordinary
+household expenditure, allow him enough for his personal expenses, and
+retain a small sum to be returned when <span class='pagenum'><a name="Page_157" id="Page_157">[Pg 157]</a></span>the period of probation has
+expired. This course is invariably pursued in the case of drunkards. A
+drunkard may, upon the authority of the probation officer, be forbidden
+to enter a public-house or to enter it during certain hours only, and he
+may also be obliged to remain at home after a certain hour. In fact, the
+probation officer may make almost any such rules that he thinks best to
+be observed by his ward, and there is always the threat of being sent to
+prison to discharge his sentence, if he should refuse to behave properly
+when under probation.</p>
+
+<p>To have an officer constantly watching over a man may affix a certain
+stigma to the man, but even so, it is not indelible nor nearly so great
+as that which the prison leaves behind it. To make this disadvantage as
+small as possible, the officers wear no uniform and, within their
+prescribed area, work among the convicted and unconvicted alike.</p>
+
+<p>The type of officer required is not easily found. Of humane instincts,
+and yet a firm disciplinarian, well educated, competent to give good
+advice and able to gain the affections and confidences of those amongst
+whom they work, is the type of person required. The ex-soldier or the
+ex-policeman is just the man who is NOT wanted. The advantages of this
+system Miss E. P. Hughes thus sums up:&mdash;</p>
+
+<p>Firstly.&mdash;Instead of a few highly-paid officials and many badly paid
+warders, you have a number of independent, well-paid probation officers,
+chosen for their knowledge of human nature, and their skill in reforming
+it.</p>
+
+<p><span class='pagenum'><a name="Page_158" id="Page_158">[Pg 158]</a></span>Secondly.&mdash;Far greater adjustment of treatment to individual cases.</p>
+
+<p>Thirdly.&mdash;The stigma of the prison is avoided, and while great care is
+taken that the prisoner shall be strictly controlled and effectively
+restrained, his self-respect is carefully developed.</p>
+
+<p>Fourthly.&mdash;The family suffers less. The home is not broken up, the wages
+still come in, and if the prisoner is a mother and a wife, it is, of
+course, most important that she should retain her position in the home.</p>
+
+<p>Fifthly.&mdash;The prisoner does not "lose his job," nor his mechanical
+skill, if he is a skilled workman. "I was told that six months in prison
+will materially damage this in many cases." He does not lose his habit
+of regular work.</p>
+
+<p>Sixthly.&mdash;He has one intelligent friend at his side to give him all the
+help that a brother man can. And this friend has the unique
+opportunities for studying his case, and has also an extraordinary power
+over his environment.</p>
+
+<p>Seventhly.&mdash;Good conduct and a capacity for rightly using freedom is
+constantly rewarded by a greater freedom.</p>
+
+<p>Eighthly.&mdash;It is far cheaper than prison. The prisoner keeps himself and
+his family, and one officer can attend from sixty to eighty prisoners.</p>
+
+<p><b>The Elmira Reformatory.</b>&mdash;"The New York States Reformatory at Elmira"
+is the official designation of this institution. It was established in
+1875 <span class='pagenum'><a name="Page_159" id="Page_159">[Pg 159]</a></span>and had for its first superintendent a Mr Z. R. Brockway.</p>
+
+<p>Mr Brockway had from the age of nineteen years been working in an
+official capacity among prisoners, and his religious beliefs led him to
+acknowledge that the men committed to his charge had their place in the
+redemption of the world.</p>
+
+<p>Maconochie's humane method of dealing with the criminals of Norfolk
+Island attracted his attention, and from Maconochie's mark system he
+evolved the now famous indeterminate sentence.</p>
+
+<p>When the New York State established a Reformatory at Elmira, Mr Brockway
+was placed in charge and given practically a free hand in the adoption
+of such methods as he deemed most likely to effect the permanent reform
+of the men committed to imprisonment there. A restriction was placed
+upon the age of the offenders who should be admitted, the law reading
+thus:&mdash;"A male between the ages of 16 and 30, convicted of felony, who
+has not heretofore been convicted of a crime punishable by imprisonment
+in a State prison, may, in the discretion of the trial court, be
+sentenced to imprisonment in the New York State Reformatory at Elmira,
+to be there confined under the provisions of the law relating to that
+reformatory" (vide section 700 Penal Code).</p>
+
+<p>This by no means implies that all the inmates are first offenders. Many
+of them have been in juvenile reformatories, penitentiaries, and houses
+of correction, so that in some cases a considerable advance in the
+<span class='pagenum'><a name="Page_160" id="Page_160">[Pg 160]</a></span>career of crime has been made before they are handed over to the
+authorities at Elmira. Again, only felons are received, not minor
+offenders.</p>
+
+<p>The principles upon which the reformatory system is based are
+practically those set forth in the declaration of the National Prison
+Congress held in Cincinnati in 1870 as follows:&mdash;</p>
+
+<div class="blockquot"><p>1. Punishment is defined to be "suffering inflicted upon the
+individual for the wrong done by him, with a special view of
+securing his reformation."</p>
+
+<p>2. "The supreme aim of prison discipline is <span class="smcap">The
+Reformation of Criminals</span>, not the infliction of
+<span class="smcap">Vindictive</span> suffering."</p>
+
+<p>3. "The progressive classification of prisoners based on
+character, and worked on some well adjusted mark system,
+should be established in all prisons above the common gaol."</p>
+
+<p>4. "Since hope is a more potent agent than fear, it should be
+made an ever present force in the minds of the prisoners, by
+a well devised and skilfully applied system of rewards for
+good conduct, industry, attention to learning. Rewards, more
+than penalties, are essential to every good prison system."</p>
+
+<p>5. "The prisoner's destiny should be placed, measurably, in
+his own hands; he must be put into circumstances where he
+will be able, through his own exertions, to continually
+better his own conditions. A regulated self-interest <span class='pagenum'><a name="Page_161" id="Page_161">[Pg 161]</a></span>must be
+brought into play and made constantly operative."</p>
+
+<p>6. "Peremptory sentences ought to be replaced by those of
+indeterminate length. Sentences limited only by a
+satisfactory proof of reformation should be substituted for
+those measured by mere lapse of time."</p></div>
+
+<p>The old system of penology may be described as "so much suffering
+inflicted for so much wrong done and with the object of expiating that
+wrong."</p>
+
+<p>The principles upon which the reformatory system is founded must be
+clearly grasped before the system itself can be understood. Criticism is
+frequently levelled against it on the ground that the prisoners are
+given "too good a time." This criticism is based upon some theory that
+vindictive retaliation is the attitude that should be assumed towards
+the criminal. When this theory is renounced, then the system stands or
+falls according as it accomplishes the objects for which it is designed.
+When it is asked why should a prisoner in captivity be better looked
+after than he would be if left in his old haunts of crime, the question
+must be answered from the prisoner's point of view, and he will candidly
+reply that the prison which deprives him of his freedom until his
+reformation has been effected is not the place which has any attractions
+for him. The life of discipline and industry does not at all agree with
+his idea of blissful surroundings. Upon admission at the reformatory,
+the prisoner is placed in the middle of <span class='pagenum'><a name="Page_162" id="Page_162">[Pg 162]</a></span>three grades of classification.
+From this grade he can, by industry and good behaviour, advance to the
+highest grade. If he should prove refractory, he sinks to the lowest or
+convict grade. Each grade has its own particular privileges, these being
+of course at their maximum in the highest grade. They consist chiefly in
+a better diet, better bed and freer access to the library. His fate is
+practically placed in his own hands. If he shall show himself
+industrious and shall apply himself diligently to the task set before
+him he may make such progress in his grades as will secure his release
+after a comparatively short period of detention. If, on the other hand,
+he will not exert himself to embrace the opportunity, he is kept under
+detention until the maximum limit of his sentence is reached. The
+authorities urge for legislation making the sentence absolutely
+indeterminate, so that those who resist the reformatory measures may be
+kept in prison for a period co-terminous with that of their resistance.
+The principles upon which the system is founded are developed in a
+course of training described as a three M course, i.e. mental, moral and
+manual. The machinery consists of, the indeterminate sentence, the
+school of letters, the trade school, and the gymnasium.</p>
+
+<p><b>The Indeterminate Sentence.</b>&mdash;The ideal Indeterminate sentence provides
+that when once a criminal falls into the clutches of the law he shall be
+deprived of his liberty until he has given satisfactory evidence that he
+is able to conduct himself as an <span class='pagenum'><a name="Page_163" id="Page_163">[Pg 163]</a></span>honest and industrious citizen. It
+makes no distinction between different crimes, such as to provide that
+the man who embezzles shall receive a longer sentence than the man who
+commits arson or vice versa, but makes the restoration of liberty depend
+entirely upon reformation. It refuses to tolerate the idea that any
+criminals should be at large to prey upon society, and it thus imposes
+upon society the obligation to undertake the reform of all criminals.
+This <span class="smcap">IDEAL</span> sentence, however, does not exist. At Elmira, the
+authorities are obliged to recognise a maximum, so that if at the expiry
+of this maximum, the prisoner should have made no progress towards
+reform he must, nevertheless, be discharged. Since, however, a man may
+at Elmira reduce a sentence of ten years to something like 22 months, a
+great incentive is given to him to identify himself with the efforts
+being made on his behalf. From every point of view the indeterminate
+sentence in the case of those sent to reformatories appears the most
+reasonable. The business of the trial court is concluded as soon as the
+question of guilt is determined. The judge has not imposed on him the
+impossible task of measuring out a punishment which in its severity
+shall exactly accord with the degree of crime committed. The question of
+the prisoner's sanity is not left to the jury to decide but to qualified
+alienists. Neither does this question determine his <span class="smcap">GUILT</span> but
+only his <span class="smcap">RESPONSIBILITY</span>. No account has to be made of the
+provocation from which the prisoner suffered at the <span class='pagenum'><a name="Page_164" id="Page_164">[Pg 164]</a></span>committal of his
+crime. If but a small degree of criminality exist, the safest adjustment
+of punishment is to be found in the indeterminate sentence. From the
+social point of view, it gives the best safeguard to the society. It
+guarantees that a criminal once convicted shall cease to prey upon
+society. He will either reform and return to society as a useful member
+thereof and a contributor to its wealth, or else, refusing to reform, he
+will never regain his liberty. This sentence lays it down that society
+ought not to tolerate criminals in its midst. Imprisonment for a fixed
+period under our present penal system serves but to exasperate the
+criminal, and at the end of his sentence, when he is a more dangerous
+criminal than ever, the law demands that he shall be released. It is
+only by indeterminate sentences that society obtains the guarantee it
+may justly demand. For its effect as a means of discipline a prisoner
+will give his own experience. The following extract, was written by an
+inmate of the Reformatory in 1898:&mdash;"From the view-point of a 'man up a
+tree' I would say that the character of our sentence has everything to
+do with furnishing a motive which induces and stimulates us to a degree
+of activity we could never acquire under a fixed penalty. Where, under a
+definite sentence, we would spend most of our time crossing off days
+from the calendar and lay awake nights counting over and again the
+amount of time yet necessary for us to serve before the dawn of freedom,
+now every moment is utilised in taking <span class='pagenum'><a name="Page_165" id="Page_165">[Pg 165]</a></span>advantage of all opportunities
+for improvement that are offered, well knowing that only by advancement
+in the trade-school and school of letters, together with strict
+compliance with the rules of the disciplinary department, can liberty be
+earned. And the word earn is used advisedly, for a man to get along in
+this reformatory can be no sluggard but must be alert, ever ready to
+advance and not drag behind."</p>
+
+<p>The ideal sentence, so far as an incentive to reformation goes, would be
+an <span class="smcap">ABSOLUTELY INDETERMINATE ONE</span>, where a man must either reform
+or remain in prison for life, for where would be the welfare of society
+considered if a man be released prepared to prey upon it as he did
+before imprisonment? In the case of the absolutely indeterminate
+sentence there is a motive that will quicken every energy and arouse the
+dullest to life and exercise, for he would be fighting for life and
+liberty&mdash;liberty that could never be his until he had shown by his
+conduct that ready compliance with all requirements here was intended,
+and willingness to discard the old and detrimental habits, taking on new
+and profitable ones. The fact that a man could get along in here would
+indicate his ability to live in accord with society in the outside
+world.</p>
+
+<p>Under such a system no one fit to be released would fail to gain it.
+Why? Because the motive is so strong as to force the most unwilling to
+willingness; because a man who would rather rot in prison than try to
+regain his freedom by legitimate means is <span class='pagenum'><a name="Page_166" id="Page_166">[Pg 166]</a></span>better off where he is. He
+would only be a stumbling block to society in general if he were set
+free, and would sooner or later land again in some penal institution or
+other, and thus his life would be wasted, and public funds wasted in
+arresting, discharging and rearresting the useless drone, the balance of
+whose life would be passed in various prisons of the country.</p>
+
+<p>That the indeterminate sentence furnishes a powerful motive for
+reformation is shown daily in this institution. You have only to watch
+the student over his books, or mechanic over his tools to see the effort
+that is being made to win that golden prize&mdash;a parole. How that motive
+is undermined or taken away entirely when the sentence is definite is
+readily perceived by taking a cursory glance over the records of men
+sentenced here for a definite period. The greatest percentage of them
+are careless, insolent, and furnish most of the class that goes to form
+the nucleus of the lower or convict grades. Why? Because there is
+nothing to work for. No parole can be gained by attention to duty. Time,
+and time alone, counts for this class. Only to pass time and get to the
+end of the sentence, that is all. No one can make a study of, or even
+look about him and compare the records made by definite and indefinitely
+sentenced men, without becoming a warm advocate of the indeterminate
+sentence. The longer the maximum sentence of the man sent here, the
+greater is his effort to travel along the straight and narrow path,
+picking up such advantages as offer him through his <span class='pagenum'><a name="Page_167" id="Page_167">[Pg 167]</a></span>stay in this
+institution. The longer the maximum the stronger the motive, the smaller
+the maximum, the smaller effort to earn a release. For example, men sent
+here with two or two and a half years as the limit of their maximums, on
+an average, remain here longer than those with a five, ten or twenty
+years maximum hanging over them. The reason is obvious&mdash;the motive is
+strengthened or weakened according as the sentence is lengthened or
+shortened. The deterrent value of the absolutely indeterminate sentence
+would be enormous. Not a question of a few months or years would the
+criminal have to face; but a period which would not terminate until he
+either reformed or died. As we have seen it gives a tremendous stimulus
+to reform, and it would likewise give a powerful check to criminal
+tendencies. Thus it relieves the Judge of an impossible task, is most
+satisfactory to society, and most humane to the culprit.</p>
+
+<p>It may be urged that since liberation would depend in a measure upon
+proficiency in the trade-school and school of letters, that some
+criminals whose criminality might be of a lesser degree, would be at a
+greater disadvantage than others. That is not so. The system is
+obviously a very complicated one, and only the bare outlines are being
+given here. In operation it is absolutely fair, neither is any
+inducement offered to commit crime for the benefits which the
+trade-school confers. The managers know no such defect in their system
+or otherwise they would <span class='pagenum'><a name="Page_168" id="Page_168">[Pg 168]</a></span>report it. They have a free hand in the
+employment of their methods, they are continually experimenting, and
+they owe no devotion to "red tape."</p>
+
+<p>A further advantage that the indeterminate sentence has, is that it
+provides for a second period of probation. A man may behave himself well
+in prison but upon his release betake himself immediately to his old
+surroundings and then to his old habits. The most critical moment is
+when the prisoner steps outside the gaol walls and finds himself a free
+man. The habits of industry and good conduct acquired when in
+confinement have to be accommodated to new conditions, and if unassisted
+the task is often too great. The consequence is that he falls away and
+rejoins his old companions and soon becomes a recidivist. The
+indeterminate sentence allows for his freedom being regained gradually.
+Having given evidence of reform and of abilities to support himself,
+employment is found for him, and he is granted a parole. That is he is
+released conditionally. For the next half year he must report himself
+every month, and if at the end of that period he has behaved well he is
+granted absolute discharge. Opportunity is thus given for him to
+establish himself gradually amidst the conditions of free social life.
+The sense of freedom comes without shock, and when it comes, the
+critical period has long since passed away.</p>
+
+<p>Should he violate his parole in any way, he is rearrested and may be
+called upon to serve the maximum penalty for his crime.</p>
+
+<p><span class='pagenum'><a name="Page_169" id="Page_169">[Pg 169]</a></span><b>The School of Letters.</b>&mdash;As has been said the system of the Reformatory
+is classified under the headings of mental, moral and manual. There is
+no sharp distinction between all three, inasmuch as no mental or manual
+training is considered of any value which does not also assist to
+develop the moral character of the pupil.</p>
+
+<p>The whole aim of the system is to develop minds and bodies, arrested in
+their growth, in order that they may become more susceptible to moral
+influences, and that habits of correct thinking and useful industry may
+be established. Every prisoner upon entering the institution is assigned
+to the school of letters, care being taken that the task imposed upon
+him is well within his mental grasp, but at the same time shall require
+an effort on his part in order to master it.</p>
+
+<p>The school is divided into three sections&mdash;The Primary, the Intermediate
+and the Academic or Lecture division. Each section is subdivided into
+classes and each class again subdivided into groups. The usual method of
+making the lower classes large and the upper classes small is exactly
+reversed at the Reformatory. There may be as few as twenty pupils in the
+lower classes and as many as two hundred in the upper ones. The school
+is under the management of a director who is assisted by a competent
+staff of civilian teachers, as well as by a number of the inmates
+themselves. Some of the prisoners, being illiterate, have to commence
+their education at the <span class='pagenum'><a name="Page_170" id="Page_170">[Pg 170]</a></span>very bottom of the ladder. Others, according to
+the education they have received, enter the course at higher points. In
+the case of foreigners much of their education consists in teaching them
+the English language and instructing them in American customs and
+manners. The training is of immense advantage to them.</p>
+
+<p>The classes are held in the evening and the routine of the Reformatory
+is so arranged that throughout the whole of the prisoner's waking time
+he is kept employed.</p>
+
+<p>From the elementary instruction in reading, writing and arithmetic,
+given to illiterates, the course progresses so as to include History,
+Civics, Political Economy, Ethics, Nature study and Literature. Attached
+to the school there is a well stocked library from which books are
+issued under regulations relative to good conduct and progress made.
+There is also a weekly paper issued within the institution called "The
+Summary," to which the prisoners may contribute articles. Attendance at
+the school is in all cases compulsory. The inmate has no option
+whatever. He is not consulted as to what course of study he would like
+to pursue but this is chosen for him and he is set to it. In selecting
+his course, every attention is paid to the man's abilities, tastes and
+attainments. No useless studies are undertaken. Every study must be of
+value from a reformative point of view and also from an educational one.
+That is, it must serve to correct bad and wandering habits <span class='pagenum'><a name="Page_171" id="Page_171">[Pg 171]</a></span>of thinking
+and to cultivate good and consecutive habits. It must assist to broaden
+the outlook of life and to bring the individuals into living touch with
+the life and traditions of the country to which he belongs. It must
+serve to inspire hope, confidence and zeal. It must cultivate a taste
+for the beautiful, a love for the natural, and an adoration for the
+Divine. When released, the student must find himself equipped with such
+a knowledge as will enable him to steadily advance in his station of
+life. And yet there is on an average, only two years in which to impart
+such an instruction. How is it done? Firstly, nothing useless is taught,
+the object primarily aimed at being the formation of character.
+Attendance is therefore compulsory, and attention and application are
+necessary in order to obtain a parole. Monthly examinations are held and
+failures at these gives a set-back in the matter of obtaining a release.
+A failure, however, may be overtaken by extra exertion during the next
+month. However distasteful it may be to the prisoner to study regularly
+and methodically, or however difficult his former irregular life may
+have rendered this task, yet it is so intimately bound up with his
+interests that he soon finds a motive powerful enough to correct mere
+dis-inclination. He must work and work at his best, and invariably he
+does so.</p>
+
+<p>Upon entering the class room each student receives a printed slip which
+gives an outline of the lesson to be studied. This serves to convey an
+idea of the <span class='pagenum'><a name="Page_172" id="Page_172">[Pg 172]</a></span>amount of work to be undertaken, to show the progressive
+steps and to prevent any idle speculation concerning the development of
+the lesson. These slips are kept by the student and they are made the
+basis of the monthly examination. These examinations are conducted with
+great strictness. In order to pass 75 per cent. of the maximum number of
+marks must be obtained, and marks are given for exact knowledge only.
+For instance, if in a sum in arithmetic a right method is employed but a
+wrong answer given no marks are rewarded. The student has shown an
+inability to use his knowledge. In other subjects the men in answering
+their questions must give the exact "how," or "why," or "when," or
+"where," or "which" before their work will pass. They may write sheets
+but it will not count if they miss the point. They soon find therefore
+that in order to pass their examinations they must pour forth all their
+energies upon their work. Needless to say, no catch questions are ever
+introduced, neither does the examination task exceed the men's
+abilities.</p>
+
+<p>When English literature was first introduced the men regarded it as an
+imposition. They did not know what the new study meant nor what was
+expected of them. A great amount of coaxing and gentle treatment was
+necessary to overcome the general bewilderment. The first examination
+passed off measurably well. Soon a change took place and English
+literature rose rapidly to become the most favourite study. The demand
+upon the librarian for the supply of <span class='pagenum'><a name="Page_173" id="Page_173">[Pg 173]</a></span>English and American Classics
+became so great that special restrictions had to be placed upon their
+issuance.</p>
+
+<p>Marked success from a Reformatory point of view has attended this study,
+and the men enthusiastically enter upon a new and broader life.</p>
+
+<p>The late Prof. S. R. Monks, for twelve years Lecturer at the
+Reformatory, says:&mdash;"But does such education contribute to the
+reformation of the criminal and the protection of the public?"
+Unqualifiedly and unhesitating I answer, Yes. Men are found to acquire
+in this school month by month a growing application of better things, a
+readier apprehension of truth and a heartier sympathy with virtue, and
+best of all, a greater capacity for sustained and consistent effort in
+practical undertakings. These transformations are the successive steps
+of a real reformation, and every step puts the man at a greater and
+safer distance from past shiftlessness and viciousness. "The virtues,"
+says Felix Adler, "depend in no small degree on the power of serial and
+complex thinking," but, continues that practical philosopher, "the
+ordinary studies of the school exercise and develop this faculty of
+serial and complex thinking. Any sum in multiplication gives a training
+of this kind." It is hardly possible to exaggerate the benefit that true
+education will confer on one who has come under the condemnation of the
+law. His improved education will counter-balance some of the disgrace of
+his past criminality; it will with industrial training extricate <span class='pagenum'><a name="Page_174" id="Page_174">[Pg 174]</a></span>him
+from the hopeless mass of ignorant unskilled labour where competition is
+always hottest and most perilous, it will teach him, better than he
+could know without it, the relative value of things; it will so elevate
+his thoughts and refine his tastes that the path of duty in its roughest
+and steepest places, will yet steadily attract his footsteps.</p>
+
+<p>The charge is sometimes made that the criminal is made more dangerous by
+education. The assertion begs all it carries. It assumes that education
+strengthens character but does not transform character which is false
+for it does both.... No man can use his mind in the careful
+investigation of moral principles, and become thereby merely a more
+dangerous cheat. No man who has opened his eyes to see the revelations
+of eternal wisdom and goodness written in letters of light on all the
+handiwork of Nature, can be made thereby merely a more dangerous
+villain. On the contrary, every hour of honest search after reality, of
+careful industry governed by principles and lined to accuracy, every
+hour spent in happy contemplation of wisdom and goodness, wherever
+manifested will make the man forever the better for it.</p>
+
+<p><b>Physical Culture.</b>&mdash;This Department of the Reformatory falls into three
+divisions&mdash;the Gymnastic, the Military and the Manual.</p>
+
+<p><b>The Gymnastic.</b>&mdash;The idea of a gymnasium within a gaol must deliver no
+small shock to the prejudices of many, but in studying the Elmira system
+we must endeavour to keep before us the end <span class='pagenum'><a name="Page_175" id="Page_175">[Pg 175]</a></span>which the authorities are
+aiming at, viz., the restoration to society of their criminals in a not
+only harmless state but in their most useful state, and this can only be
+made possible by the most careful and thorough training of the mind,
+body and soul.</p>
+
+<p>Neither is there any cause to think that the prisoners are getting too
+good a time, and that, being treated better than the industrious worker,
+a premium is being offered to crime. The investigation of the
+authorities has revealed no case in which a man has entered the
+institution on account of advantages offered. To criminals they are not
+realised as advantages. They understand them only as the rough road
+leading to their release, and it is about the last thing for men of
+shiftless, lazy, inconsequent habits of mind and body, to suppose that
+they are having a good time when sent to a gymnasium every morning for
+two hours' steady work. Work which brings all the muscles of the body
+into play and which demands the fixed attention of the mind and its
+submission to the word of command from the instructor, is many times
+more distasteful than the "hard labour" of lazily cracking stones.</p>
+
+<p>Until 1900 the whole prison population went through a regular gymnastic
+course. This is now changed and assignments are made to the gymnasium
+only upon the certificate of the physician. All new arrivals however
+spend a period, averaging about five weeks, in the "awkward squad," half
+of whose morning time is spent in the gymnasium. They come in <span class='pagenum'><a name="Page_176" id="Page_176">[Pg 176]</a></span>a very
+ungainly looking set of men. Many are undersized, underweight, rickety
+and diseased in body and generally of a slovenly, unmanly appearance. A
+multitude of causes have been at work to produce this condition.
+Chiefly, these are a bad ancestry, foul atmosphere of their dwellings,
+their idle dirty habits, intemperance and sexual abuse.</p>
+
+<p>The course of treatment prescribed for these is one which brings into
+exercise all their latent muscular power. Special attention is paid to
+deformities and weaknesses resulting from any cause whatsoever.</p>
+
+<p>Turkish baths, swimming baths and massage also play an important part in
+their treatment and help to bring the dregs of disease, the results of
+excessive drink and the use of tobacco, out of their systems.</p>
+
+<p>The effects of such treatment are at the end of a few weeks very
+apparent. The body is supple, the carriage is erect, the cutaneous,
+circulatory, muscular and nervous systems are in a healthy state, and
+the stupid, bewildered or stolid expression has given way to one of
+manly concern.</p>
+
+<p>At the end of five weeks most of the men graduate from the awkward squad
+and engage in the work of other departments. Some, however, for various
+reasons have to remain for a longer period of physical exercise.</p>
+
+<p>The majority of these are classified into three groups:</p>
+
+<p>I. Mathematical Dullards. II. Deficient in self-control. II. Stupids.
+These groups are described by Dr Hamilton Wey in his report for 1896 as
+follows:&mdash;</p>
+
+<p><span class='pagenum'><a name="Page_177" id="Page_177">[Pg 177]</a></span>Group I.&mdash;The Mathematical dullards. These were incapable of solving the
+most elementary problems in Mental Arithmetic or else did so with
+hesitation and difficulty. They were instances of sluggish and dragging
+walk, and presented a sleepy or dreamy appearance at work or in repose.
+They suggested arrested mental growth. From a careful study of these men
+by observation and immediate contact exercises were selected that would
+tend to act upon their defects. In addition the exercises prescribed
+necessitate the direct employment of their mathematical faculties. The
+following schedule was adopted, though subject to constant change as
+occasion for change presented itself. The exercises of their group as
+with others are confined to one hour's practical work five days per
+week. The men receive a daily rain bath and rubbing down immediately
+after their exercises. With this group the hour is divided into sessions
+of half-an-hour each, subdivided into periods of fifteen minutes. The
+first fifteen minutes are devoted to light calisthenics executed by
+command with loud counting and simultaneous movements. This is followed
+by 15 minutes of marching and facing movements with step counting. The
+first 15 minutes of the second half hour are occupied in the laying out
+of geometrical fields for athletic events. Employing the 50ft. tape and
+the 2ft. rule with divisions of an inch. After being instructed as to
+dimensions they are required to lay out the following:&mdash;</p>
+
+<p><span class='pagenum'><a name="Page_178" id="Page_178">[Pg 178]</a></span>(a) Baseball diamond; (b) basket ball field; (c) track for 30 and 40
+yards running races; (d) placing of hurdles at intervals, in harmony
+with established athletic field rules. The closing 15 minutes embraced
+practical work, viz., high and long jump, hop skip and jump, high
+kicking, target throwing, etc.</p>
+
+<p>Group II.&mdash;Those deficient in self-control. The members of Group II,
+compared with those of Groups I and III, are physically of better
+quality. In general appearance they show a better all-round physical
+development, and in some instances the deteriorating effects of sexual
+abnormality were not so apparent, this class would, in the performance
+of athletics, compare favourably with the scholar outside prison walls.
+In the general performance of their work they have shown more interest
+than either Group I or III, and in some instances have acquired skill in
+some of their athletic branches. The tendency of the athletics selected
+for this group by the Gymnasium Director was of a nature conducive to
+the cultivation and encouragement of self-control and self-reliance
+among its members as shown by the spirit of good-fellowship displayed by
+the successful towards the unsuccessful player, and in a measure
+subduing the ebullition of passion and the spirit of jealousy that
+formerly influenced their every notion in competitive contests.... It
+can be safely asserted that one essential feature in athletics, viz.,
+will-power, which was conspicuous at the first by its absence, has been
+strengthened and inculcated, especially in this group.</p>
+
+<p><span class='pagenum'><a name="Page_179" id="Page_179">[Pg 179]</a></span>It was observed by the Director that perhaps by their exuberance of
+animal spirit, the men were prone to make frequent excuses for changes
+from one game to another, instead of striving to excel in one branch.
+Another observable feature was the attempt to shirk the exercises which
+required any exertion on their part. These defects have been remedied,
+not entirely, but sufficiently to justify the efficiency of athletics as
+a fact in the production of self-control; and instances can be cited of
+complete subordination of will to the controlling powers.</p>
+
+<p>Group III.&mdash;The Stupids. The members of this group are not far above the
+standard of feeble-minded boys. They are what might be termed "all-round
+defectives." The object of the athletics selected for this group has
+been to awaken and arouse them from that lethargic state into which they
+periodically relapse. This has been in a measure accomplished, a great
+aid to which has been the daily rain bath. The following physical
+defects (some of which have been remedied wholly or in part) come under
+my observation: general weakness, weak chest (respiratory organs), bent
+carriage of the body, stiffness of wrist, joints, and clumsy movements
+of fingers, spinal curvature, extreme (comparative) development of right
+arm. To overcome these defects systematic exercise was necessary,
+including free-hand exercises, club-swinging, dumb-bell exercise, etc.,
+meted out according to the respective deficiencies and requirements of
+the men. This group also spent one <span class='pagenum'><a name="Page_180" id="Page_180">[Pg 180]</a></span>half-hour in practical outdoor
+gymnastic and athletic work. After a general resume of the work
+accomplished it can safely be asserted that outdoor athletics and
+gymnastics have proven to be in a measure, a prophylactic for a number
+of the ills which these three groups of defectives are subject to.</p>
+
+<p><b>Military Instruction.</b>&mdash;Military drill was introduced into the
+Reformatory as a direct outcome of the Prisons Bill of 1888 which
+forbade all machine labour in prisons being conducted for profit. The
+statute requiring the "shutting down" of all industrial plants the work
+of the institution was practically brought to a standstill. In this
+difficulty the management conceived the idea of forming a military
+regiment. Most beneficial results immediately followed. The men began to
+walk with more erect carriage and to respond to quick words of command.
+Besides this, the open-air exercise developed their lung-power and
+stimulated their circulatory system. A pride in their performance was
+also inspired by the opportunity given to rise through the different
+ranks to that of lieutenant. Above all, good habits of discipline were
+cultivated. Although the circumstances that rendered necessary the
+introduction of military drill have passed away, yet the organization
+has been found of such great reformatory value that it has become an
+integral part of the Elmira system.</p>
+
+<p>The regiment consists of sixteen companies, four companies to the
+battalion, company roll of about seventy. The colonel's staff is
+composed of colonel, <span class='pagenum'><a name="Page_181" id="Page_181">[Pg 181]</a></span>four majors, inmate adjutant, and sergeant-major,
+and national and state colour-bearers. The uniforms are blue, black, and
+red, corresponding to the grades. White belts, with nickel buckles, are
+worn and white cross-belts. Proper insignia of rank is also worn. Dress
+parade is held daily at four p.m. on the regimental grounds, or, if
+weather be inclement, in the armoury.</p>
+
+<p>So far as is possible the regiment is drilled on exactly the same lines
+as those observed by the United States army.</p>
+
+<p><b>Manual Training.</b>&mdash;Manual training was introduced into the Reformatory
+in 1895. The number of men who had been in the institution for a
+considerable period of time and upon whom the ordinary reformative
+measures exerted little influence rendered the adoption of some other
+means absolutely necessary. The men, with whom the ordinary methods
+failed, belonged to the defective classes already described as
+mathematical dullards, deficient in self-control, and stupids. The
+habits of vice seem to have wrought such a destructive work upon the
+will-power of these men that in order to repair it some potent influence
+would have to be brought into operation. The conception was to entirely
+disengage the mind of its connection with the past and to concentrate it
+upon healthy, useful and interesting work. Habit produces character, and
+if the old habits of thought could be destroyed and new ones implanted
+it would naturally follow that the character would be improved <span class='pagenum'><a name="Page_182" id="Page_182">[Pg 182]</a></span>and
+developed. The character of the normal man requires for its development
+a moral, religious, intellectual and physical training, and the abnormal
+man requires the same, in a greater degree.</p>
+
+<p>It was with this knowledge that the managers introduced manual training
+into the Reformatory. As the usefulness of manual training (Sloyd) is
+described in a preceding chapter no more need be said upon its value as
+a factor in education now. It needed the greatest skill on the part of
+the managers to adopt the various Sloyd exercises to the requirements of
+the different defectives, but each year has given additional proof of
+their success, and its inclusion in the reformatory system was amply
+justified. In 1899 it was discontinued on account of the small
+appropriation that was made for the maintenance of the institution,
+making it necessary to curtail expenses.</p>
+
+<p>Before the abolition of Sloyd the following course was employed for
+defectives:&mdash;</p>
+
+<p>(With each year the group was divided into three terms, there being 17
+weeks in each term and 35 hours in each week.)</p>
+
+
+<p class="cen">GROUP I.&mdash;(Mathematical Dullards.)</p>
+
+<p class="cen"><span class="smcap">First Term.</span></p>
+
+<p>Mechanical drawing, Sloyd, athletics, and calisthenics, clay-modelling,
+and mental arithmetic.</p>
+
+<p class="cen"><span class="smcap">Second Term.</span></p>
+
+<p>Card-board construction takes the place of clay-modelling.</p>
+
+<p class="cen"><span class='pagenum'><a name="Page_183" id="Page_183">[Pg 183]</a></span><span class="smcap">Third Term.</span></p>
+
+<p>Wood-turning instead of card-board construction.</p>
+
+<hr style="width: 10%;" />
+
+<p class="cen">GROUP II.&mdash;(Deficient in self-control.)</p>
+
+<p class="cen"><span class="smcap">First Term.</span></p>
+
+<p>Athletics and calisthenics, geometric construction involving the
+intersection of solids, etc., wood-turning, pattern making, mechanical
+drawing and Sloyd.</p>
+
+<p class="cen"><span class="smcap">Second Term.</span></p>
+
+<p>Athletics and calisthenics, wood-carving, clay-modelling, mechanical
+drawing and Sloyd.</p>
+
+<p class="cen"><span class="smcap">Third Term.</span></p>
+
+<p>Athletics and calisthenics, chipping and filing, moulding, mechanical
+drawing and Sloyd.</p>
+
+<hr style="width: 10%;" />
+
+<p class="cen">GROUP III.&mdash;(Stupids.)</p>
+
+<p class="cen"><span class="smcap">First Term.</span></p>
+
+<p>Athletics and calisthenics, free-hand drawing from solids and familiar
+objects, elementary Sloyd, clay-modelling, mental arithmetic, and
+sentence building.</p>
+
+<p class="cen"><span class="smcap">Second Term.</span></p>
+
+<p>Sloyd, free-hand drawing, wood-carving, mental arithmetic, and
+calisthenics.</p>
+
+<p class="cen"><span class="smcap">Third Term.</span></p>
+
+<p>Sloyd, free-hand drawing, wood-turning, athletics and mental arithmetic.</p>
+
+<p><b>The Trades' School.</b>&mdash;Of all crimes, about 95 per cent. are committed
+against property. It therefore appeared imperative to the management of
+the <span class='pagenum'><a name="Page_184" id="Page_184">[Pg 184]</a></span>Reformatory that every man passing through the institution should
+be taught a useful trade so that he would be able to provide an honest
+and sufficient livelihood for himself and for those who would be
+dependent upon him. For this purpose the trades' school was established
+and a regulation passed that all men entering the Reformatory without
+the knowledge of a trade should be required to learn one before they
+would be granted a parole.</p>
+
+<p>Under conditions of free life it would be impossible to teach these men
+a trade. In their haunts of crime the criminals live a lazy ambitionless
+life and regard work as an evil to be avoided; the reformatory system,
+however, captures his interest on behalf of industry by making his
+liberty depend upon his having reached the status of an honest and
+enthusiastic tradesman.</p>
+
+<p>Two or three days after his arrival the newly committed prisoner is
+personally interviewed by the superintendent. This interview, which is
+in the nature of an exhaustive examination, generally discloses the
+species of criminality to which his crime belongs. This knowledge is
+made the basis of the plan which is then formulated for the course of
+treatment to which he will be submitted.</p>
+
+<p>In the selection of a trade, the prisoner is given the opportunity of
+choosing for himself. If the choice show sincerity and intelligence, he
+is applied to it. If, on the other hand, it should reveal mere
+indifference or a desire to shirk hard work, the managers <span class='pagenum'><a name="Page_185" id="Page_185">[Pg 185]</a></span>take all
+matters into consideration and select the trade for him. Once placed at
+a trade he is given to understand that he will be kept rigidly to it and
+no release from imprisonment granted until his progress has satisfied
+the authorities. Changes from one trade to another are rarely granted,
+and then only when the learner has given unmistakable signs that he
+cannot succeed at his first task. Within the trades school, his identity
+is not lost sight of. Day by day, a record of his conduct and also of
+his progress is kept. Every persuasive means is used to awaken his
+understanding to the fact that his best interests are to be served by
+habits of industry and application. The whole system is an appeal to his
+desire for freedom. Freedom is offered to him but at a distance, and he
+can reach it by no other means than that of following a given road, the
+direction of which is very clearly pointed out to him.</p>
+
+<p>The work is graduated according to his ability to make progress, and
+care is taken to so arrange his course that he shall be taught
+thoroughly all the fundamental principles of his trade. The ordinary
+apprentice works so that he will be able to fulfil the orders that are
+given to his master. The consequence of this is that two ideas exist,
+the apprentice having the desire to learn a trade, his master desiring
+to profit by his work. The end of the apprentice is served by constantly
+advancing to new work, even though this should mean the loss of time and
+the waste of material; his master's object is attained by <span class='pagenum'><a name="Page_186" id="Page_186">[Pg 186]</a></span>keeping him
+at that work which he learns quickest and giving the difficult work to
+more experienced men, consequently he passes through his time and learns
+but very little. Now, the pupil of the Elmira trades' school is not
+considered to have completed his course until he has gained a thorough
+knowledge of every department of his trade. Besides the practical
+instruction given in the workshops, classes are also held in the
+evenings and instruction given in mechanical drawing so that the men may
+be able to understand any plan that may be put into their hands, and
+also to draw plans for themselves. Trade journals are subscribed for and
+circulated among the men.</p>
+
+<p>The value of this industrial training extends beyond the providing the
+means of obtaining an honest livelihood, for by making release depend
+upon success, interest is thereby combined with industry. This
+combination is bound to react upon the voluntary system and produces a
+moral effect. Again it re-acts, this time beneficially upon the
+character of the man.</p>
+
+<p>The following is a list of all the trades taught in the Reformatory:&mdash;</p>
+
+<div class="centered">
+<table border="0" width="90%" cellpadding="2" cellspacing="0" summary="Trades">
+  <tr>
+  <td class="tdl" width="31%">Barbering</td>
+  <td class="tdl" width="36%">House-painting</td>
+  <td class="tdl" width="33%">Shoemaking</td>
+  </tr>
+  <tr>
+  <td class="tdl">Bookbinding</td>
+  <td class="tdl">Iron-forging</td>
+  <td class="tdl">Sign-painting</td>
+  </tr>
+  <tr>
+  <td class="tdl">Brass-smithing</td>
+  <td class="tdl">Machine-wood-working</td>
+  <td class="tdl">Steam-fitting</td>
+  </tr>
+  <tr>
+  <td class="tdl">Bricklaying</td>
+  <td class="tdl">Machinist's</td>
+  <td class="tdl">Stone-cutting</td>
+  </tr>
+  <tr>
+  <td class="tdl">Cabinet-making</td>
+  <td class="tdl">Moulding</td>
+  <td class="tdl">Stone-masonry</td>
+  </tr>
+  <tr>
+  <td class="tdl">Carpentry</td>
+  <td class="tdl">Music</td>
+  <td class="tdl">Tailoring</td>
+  </tr>
+  <tr>
+  <td class="tdl">Clothing-cutting</td>
+  <td class="tdl">Paint-mixing</td>
+  <td class="tdl">Telegraphy</td>
+  </tr>
+  <tr>
+  <td class="tdl">Electricity</td>
+  <td class="tdl">Photo-engraving</td>
+  <td class="tdl">Tinsmithing</td>
+  </tr>
+  <tr>
+  <td class="tdl">Frescoing</td>
+  <td class="tdl">Plastering</td>
+  <td class="tdl">Upholstery</td>
+  </tr>
+  <tr>
+  <td class="tdl">Hardwood-finishing</td>
+  <td class="tdl">Plumbing</td>
+  <td class="tdl">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Also,</td>
+  </tr>
+  <tr>
+  <td class="tdl">Horseshoeing</td>
+  <td class="tdl">Printing</td>
+  <td class="tdl">Mechanical-drawing</td>
+  </tr>
+  <tr>
+  <td class="tdl">&nbsp;</td>
+  <td class="tdl">Stenography &amp; typewriting.</td>
+  <td class="tdl">&nbsp;</td>
+  </tr>
+</table>
+</div>
+
+<p><span class='pagenum'><a name="Page_187" id="Page_187">[Pg 187]</a></span>In the year 1903 there were 1986 pupils instructed in these trades.</p>
+
+<p><b>The Results of the System.</b>&mdash;English critics have regarded the system
+as being somewhat extravagant and as placing the honest labourer at a
+disadvantage to the criminal. This criticism has been considerably
+weakened of late years and the results investigated instead of being
+imagined. The most careful investigation has made it impossible to deny
+that the Reformatory achieves all that it claims to, viz.:&mdash;that it
+contributes nothing to the strengthening of the criminal habit<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> and
+therefore it is not a partial remedy, and that it actually returns to
+society as useful citizens no less than 82 per cent.<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> of those
+committed to it.</p>
+
+<p>Lombroso speaks of the system as a practical application of the results
+of the science of Criminology.</p>
+
+<p>Should the system be adopted in other countries, it would need to be so
+translated that it would accord with the traditions and customs of the
+people.</p>
+
+<h4>FOOTNOTES:</h4>
+
+<div class="footnote"><p class="noin"><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> It is generally supposed that such a system cannot act as a
+deterrent to crime. The American delegates to the International Prison
+Congress (held in Paris in 1895) declared that the obligation imposed
+upon the prisoners, in such institutions, to raise themselves by mental
+as well as by industrial labour, into higher grades as a necessary
+condition for liberation, is felt by many of them, to involve so much
+exertion, that they would rather be consigned to some ordinary prison,
+where self-improvement is not specially enforced. This system, they
+declared, was more deterrent than was generally supposed.</p></div>
+
+<div class="footnote"><p class="noin"><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Of some 13,000 criminals who have passed through the
+Reformatory, the number known definitely to have returned to crime is a
+little less than 1 per cent. of the whole!</p></div>
+<br />
+<br />
+<br /><a name="Chapter_X" id="Chapter_X"></a>
+<br />
+
+<hr /><span class='pagenum'><a name="Page_188" id="Page_188">[Pg 188]</a></span>
+<br />
+<h2>Chapter X.</h2>
+
+<h2>CONCLUSION.</h2>
+<br />
+
+<p>The reader will have formed his own conclusion. He may conclude that the
+author has a sentimental affection for the criminal and would have all
+disturbers of the public peace treated with more compassion than the
+hard-working and honest labourer. But that reader will have jumped to
+his conclusion from his preconceived prejudices. The reformation of the
+criminal is no chimera, it has been undertaken for thirty years and
+every year has seen better results. The results for 1903 (86 per cent.
+of reforms) ought to convince the most sceptic that the reformation of
+the criminal is the true aim for society to pursue.</p>
+
+<p>Another reader may ask why, if all these results are so good, does not
+the Government adopt some such system as the Elmira one instead of
+continuing the present obsolete penal system. The New York State
+Government experiences a difficulty in finding, for their reformatory
+staff, men who will undertake their work with a real sense of mission.</p>
+
+<p>Nor is this the only difficulty. If New Zealand is going to undertake
+the reformation of its criminals and to restore them to society as
+honest and industrious persons, society itself must be prepared to drop
+its prejudices and suspicions and receive the men at their present
+worth, and not forever stamp them as <span class='pagenum'><a name="Page_189" id="Page_189">[Pg 189]</a></span>outcasts. Nothing less, then, is
+required than an earnest desire among all classes to recover those among
+men who have fallen into villainy and vice and to receive back among
+their ranks all those who, having responded to the efforts made on their
+behalf, can make a claim upon the confidence and good-will of society.</p>
+
+<p>But the reformation of the criminal is not the only obligation laid upon
+society, there is also the education of the child. It is frequently
+being stated that criminals are on the increase; it has been shown that
+this increase is not a national one, it must be then that for some
+reason the practice of virtue is becoming more and more difficult,
+whereas that of vice is becoming increasingly easier. Recruits are
+steadily joining the ranks of crime, and when one sees that, as a result
+of their home and school training, the rising generation is developing
+all the characteristics of the criminal, a somewhat alarming conclusion
+very strongly suggests itself. Society has the criminals that it
+deserves. It may fail to recover those who have entered upon a criminal
+career, or it may be actually guilty of manufacturing criminals. What
+are we doing? New Zealand has this hope, that its traditions do not
+fetter it, and its institutions are young and plastic.</p>
+
+
+<p class="cen">THE END.</p>
+
+<div class="tr">
+<p class="cen"><a name="TN" id="TN"></a>Transcriber's Note</p>
+<br />
+
+Some inconsistent hyphenation and spelling in
+the original document has been preserved.<br />
+<br />
+Typographical errors corrected in the text:<br />
+<br />
+
+Page&nbsp;&nbsp;&nbsp;  12&nbsp;&nbsp;  Gcd changed to God<br />
+Page&nbsp;&nbsp;&nbsp;  12&nbsp;&nbsp;  criminoligists changed to criminologists<br />
+Page&nbsp;&nbsp;&nbsp;  14&nbsp;&nbsp;  violaters changed to violators<br />
+Page&nbsp;&nbsp;&nbsp;  20&nbsp;&nbsp;  effrontry changed to effrontery<br />
+Page&nbsp;&nbsp;&nbsp;  24&nbsp;&nbsp;  tpyes changed to types<br />
+Page&nbsp;&nbsp;&nbsp;  34&nbsp;&nbsp;  healty changed to healthy<br />
+Page&nbsp;&nbsp;&nbsp;  35&nbsp;&nbsp;  alcholic changed to alcoholic<br />
+Page&nbsp;&nbsp;&nbsp;  46&nbsp;&nbsp;  physichological changed to physicological<br />
+Page&nbsp;&nbsp;&nbsp;  74&nbsp;&nbsp;  maxium changed to maximum<br />
+Page&nbsp;&nbsp;&nbsp;  80&nbsp;&nbsp;  Obviviously changed to Obviously<br />
+Page&nbsp;&nbsp;&nbsp;  93&nbsp;&nbsp;  removed duplicate word "and"<br />
+Page&nbsp;&nbsp;&nbsp;  98&nbsp;&nbsp;  Chappel changed to Chapple<br />
+Page&nbsp;&nbsp;&nbsp;  98&nbsp;&nbsp;  celebate changed to celibate<br />
+Page&nbsp; 104&nbsp;  exacttitude changed to exactitude<br />
+Page&nbsp; 111&nbsp;&nbsp;  Chappel's changed to Chapple's<br />
+Page&nbsp; 116&nbsp;&nbsp;  syphillis changed to syphilis<br />
+Page&nbsp; 121&nbsp;&nbsp;  unkown changed to unknown<br />
+Page&nbsp; 128&nbsp;&nbsp;  aguments changed to arguments<br />
+Page&nbsp; 133&nbsp;&nbsp;  consideraly changed to considerably<br />
+Page&nbsp; 134&nbsp;&nbsp;  Charle's Reades changed to Charles Reade's<br />
+Page&nbsp; 137&nbsp;&nbsp;  removed duplicate word "of"<br />
+Page&nbsp; 140&nbsp;&nbsp;  approbious changed to opprobious<br />
+Page&nbsp; 141&nbsp;&nbsp;  abont changed to about<br />
+Page&nbsp; 143&nbsp;&nbsp;  demonstate changed to demonstrate<br />
+Page&nbsp; 144&nbsp;&nbsp;  kindergartem changed to kindergarten<br />
+Page&nbsp; 148&nbsp;&nbsp;  betweeen changed to between<br />
+Page&nbsp; 151&nbsp;&nbsp;  removed duplicate word "the"<br />
+Page&nbsp; 163&nbsp;&nbsp;  destinction changed to distinction<br />
+Page&nbsp; 178&nbsp;&nbsp;  defficient changed to deficient<br />
+Page&nbsp; 180&nbsp;&nbsp;  prophylasic changed to prophylactic<br />
+Page&nbsp; 181&nbsp;&nbsp;  lins changed to lines<br />
+Page&nbsp; 184&nbsp;&nbsp;  indiffererence changed to indifference<br />
+Page&nbsp; 186&nbsp;&nbsp;  stone-masonery changed to stone-masonry<br />
+</div>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A Plea for the Criminal, by 
+James Leslie Allan Kayll
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+Project Gutenberg's A Plea for the Criminal, by James Leslie Allan Kayll
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Plea for the Criminal
+       Being a reply to Dr. Chapple's work: 'The Fertility of the
+       Unfit', and an Attempt to explain the leading principles
+       of Criminological and Reformatory Science
+
+Author: James Leslie Allan Kayll
+
+Release Date: April 29, 2009 [EBook #28632]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A PLEA FOR THE CRIMINAL ***
+
+
+
+
+Produced by Jonathan Ah Kit, Barbara Kosker, Mark C. Orton,
+Victoria University of Wellington College of Education
+(Gender and Women's Studies Programme) and the Online
+Distributed Proofreading Team at http://www.pgdp.net
+
+
+
+
+
+
+
+
+
+
+
+  DEDICATED
+  TO MANY KIND FRIENDS.
+
+
+
+
+  A PLEA
+  FOR THE CRIMINAL.
+
+
+
+
+  BEING A REPLY TO DR. CHAPPLE'S WORK:
+  "THE FERTILITY OF THE UNFIT,"
+
+  AND
+
+  AN ATTEMPT TO EXPLAIN THE LEADING
+  PRINCIPLES OF CRIMINOLOGICAL &
+  REFORMATORY SCIENCE.
+
+
+
+
+  By
+
+  THE REV. J. L. A. KAYLL,
+
+  CORRESPONDING MEMBER OF THE HOWARD
+  ASSOCIATION.
+
+
+
+
+  INVERCARGILL!
+  W. Smith, Commercial Printer, Temple Chambers, Esk Street.
+  MCMV.
+
+
+
+
+AUTHORITIES CONSULTED IN THE PREPARATION OF THIS VOLUME.
+
+  Brockway, Z. R.                  Elmira.
+  Corre, Dr A.                     Paris.
+  Drill, Dimitri.                  Moscow.
+  Du Cane, Sir E.                  England.
+  Dugdale, R. L.                   America.
+  Ellis, Havelock                  England.
+  Ferri, Prof. E.                  Rome.
+  Garofalo, (Baron) Prof.          Naples.
+  Kidd, Benjamin                   England.
+  Von. Krafft-Ebing, Prof.          Vienna.
+  Lacassagne, Prof.                Lyons.
+  MacDonald, Dr. A.                Washington, U.S.A.
+  Mercier, Chas. M. B.             England.
+  Morrison, Rev. W. D.             England.
+  Manouvrier, Dr.                  Paris.
+  Moleschott, Prof.                Rome.
+  Orano, Giuseppe                  Rome.
+  Ribot, Th.                       France.
+  Rylands, L. Gordon               England.
+  Salomon, Otto                    Naeaes. (Sweden.)
+  Scott, Jos.                      Elmira.
+  Spitska, Dr. E. C.               New York.
+  Tallack, Wm.                     England.
+
+
+
+
+CONTENTS.
+
+                                                    PAGE.
+
+  CHAPTER I.
+  Introductory                                         9
+
+  CHAPTER II.
+  The Criminal                                        14
+
+  CHAPTER III.
+  The Causes of Crime                                 28
+
+  CHAPTER IV.
+  The Methods and Philosophy of Punishment            61
+
+  CHAPTER V.
+  Elimination--Dr. Chapple's Proposal                 87
+
+  CHAPTER VI.
+  The Obligations of Society Towards the Weak        120
+
+  CHAPTER VII.
+  The New Penology                                   133
+
+  CHAPTER VIII.
+  The Prevention of Crime                            138
+
+  CHAPTER IX.
+  Some American Experiments--Elmira                  155
+
+  CHAPTER X.
+  Conclusion                                         188
+
+
+
+
+Chapter I.
+
+INTRODUCTION.
+
+
+This little book presents an appeal to society to consider its criminals
+with greater charity and with more intelligent compassion. No other plea
+is advanced than that the public mind should rid itself of all prejudices
+and misunderstandings, and should make an honest endeavour to understand
+what the criminal is, why he is a criminal and what, notwithstanding, are
+his chances in social life.
+
+The criminal has a claim to be understood just as well as any other
+creature. It is not necessary that his sympathisers should shut their
+eyes to the fact that he is capable of shocking crime, that he is often
+an ungrateful wretch that will bite the hand that feeds him and that
+among his ranks are to be found the most depraved specimens of humanity
+that the mind can conceive. A failure to recognize these facts is
+actually a failure to do justice to his cause. Notwithstanding the
+hideous history that he may have to unfold, he does ask to be
+understood.
+
+The majority of people take a most prejudiced view of the criminal's
+case. They will read the account of some fearful outrage or the details
+of a disgraceful divorce suit with absolutely no interest what ever in
+the persons concerned but only for the sake of the morbid satisfaction
+which such reading gives them. A glance at the sentence will draw forth
+from them the exclamation that the wretch got no more than he deserved
+or that he didn't get half enough. This simply indicates that society as
+a whole has made very little real progress in the manner in which it
+regards its criminals. The old barbaric idea of revenge is still the
+dominant one and any scheme for the betterment of the criminal, even if
+it should give unmistakeable signs that it will accomplish his absolute
+reform, is carefully investigated to see whether it provides for a
+sufficient degree of penal suffering. Suffering which is of an entirely
+penal nature, has very little deterrent value and absolutely no
+reformative value whatever. And yet our refined and educated men and
+women will read the accounts of crimes and, in their own minds, sentence
+the actors to five, ten, fourteen or twenty years; even death, as if
+criminals were so used to this sort of thing that they thought no more
+of it than their self-chosen judges would if deprived of a day's sport
+or disappointed over a ball.
+
+"But," as an ex-member of the Justice Department said to me, "do you
+know what the wretch has done?" Yes, I do know what he has done, and I
+know him personally and well, and I know of what he is capable and such
+knowledge brings with it the conviction that society commits a greater
+crime than that which he has committed when it undertakes to punish him
+for his offence upon a principle of pure vengeance.
+
+"Vengeance is mine," saith the Almighty, "I will repay." Society is not
+God any more than is the individual, so that by acting in the collective
+capacity no additional plea of justification may be advanced.
+
+The endeavour of this book will be to show that the best interests of
+society are not served by the infliction of punishments which are
+essentially penal but by the accomplishment of the reform of the
+criminal. This latter process is for the criminal himself, infinitely
+more severe than the former, but it inflicts a pain which raises the man
+to a higher level; it is purgatorial, and not one which, being penal,
+leaves him a greater enemy to mankind than ever.
+
+The criminal is not excused for his wrong-doing, he is not regarded as
+an automaton, but simply as a creature of capabilities and possibilities
+which require the intelligent sympathy of his fellows in order that they
+may be properly developed.
+
+There are many persons who regard the reform of the criminal as an
+absolutely hopeless task and a waste of time to think over; they
+advocate his extermination. They would fling back to the Creator His own
+work as having, in their judgment, proved worthless, even mischievous.
+
+Dr Chapple is astounded that the existence, or at least the birth, of
+defectives should be allowed. It is, he says, due in a large measure to
+the tide of Christian sentiment which is to-day in full flood. The
+Christian does at least recognize that of every defective God says,
+"take this child and nurse it for Me," but to speak of Christian
+sentiment being at its flood-tide to-day is surely not the speech of one
+who professes much belief in the future of Christianity.
+
+Dr Chapple preaches a Gospel for the defective, and his banner is the
+skull and cross-bones! Christian sentiment when at its flood-tide will
+have swept away all such emblems. In replying to Dr Chapple, I have
+endeavoured to show that his proposal touches but the fringe of the
+problem, and even there after an unscientific and immoral manner. There
+is room for a measure of surprise that Dr Chapple should have undertaken
+to write his book with such a scant knowledge of the facts as they
+really are.
+
+In presenting this little book to the public, the author does so with
+the hope that it may tend to restore the confidence in human nature that
+Dr Chapple has somewhat weakened, but also in some measure to inspire
+society towards greater collective ameliorative effort, in which our
+full confidence may unhesitatingly be placed. The author hopes that the
+criminal, a subject of patient study for the last ten years, will be
+seen in a somewhat new light. Criminologists declare the criminal to be
+seven-eighths of an average man. May society find in itself the ability
+and good-will to contribute the other eighth!
+
+Small as this volume is, it has required many communications with the
+old world, and the author's thanks are due to many students engaged upon
+the study of this science in England and in the United States, and who
+have rendered him valuable assistance. Also, the assistance of many kind
+friends in New Zealand is gratefully acknowledged, and particularly that
+of Mr Alfred Grant, without whose aid the preparation of these sheets
+for the press would have been an almost impossible task.
+
+
+
+
+Chapter II.
+
+THE CRIMINAL.
+
+
+The popular mind draws little or no distinction between criminals. In it
+there exists the idea of a criminal caste, all the members of which are
+prepared to commit any and every act of a criminal nature. In the
+popular mind, although it is just a question whether a man is bad enough
+to commit the greater crimes, yet thieves, violators, swindlers, forgers
+and murderers are all assumed to fall into the same category. In one
+sense they do, that is, that they are all anti-social beings, or rather
+they all possess certain anti-social qualities; but as soon as we
+proceed further we find that there exists a very great distinction in
+criminals. Criminals are first classified according to the motive of
+their crime. This classication ranges them under five different
+headings, the political criminal, the occasional criminal, the criminal
+of passion, the instinctive criminal, and the habitual criminal or
+recidivist.
+
+Again they are classified, according to the nature of their crime, into
+thieves, robbers, violators, assassins, murderers, swindlers, etc. These
+again are sub-classified, e.g., thieves are classified as housebreakers,
+those who rob with violence, those who use weapons, those who rob from
+the person, and those who break safes. Murderers may also be classified
+according to the nature of their murderous instinct, illustrated by the
+instrument of destruction that they employ, whether it be the knife,
+firearms, poisons or other means, and again a classification exists
+between those who commit murder themselves and those who employ agents.
+All these classifications are entirely different, and although some
+criminals may range under more than one heading, yet it is generally the
+case that a criminal adopts both a certain form of crime and also a
+particular method for carrying it into execution.
+
+=The Political Criminal.=--This man's offence is not against morality
+but against the governmental institutions of the country. He holds
+advanced ideas upon matters of government and upon the constitution of
+society, and in his attempt to propagate these he becomes a political
+criminal. The political criminal, as distinguished from all other
+criminals, never commits violence, his morals may even approach
+perfection; but he holds "ideas," ideas which are not acceptable to the
+government under which he lives.
+
+The despotic rule of the Oriental countries is most favourable to the
+production of the political criminal: Russia and Germany are not without
+their representatives. Occasionally bands of political criminals are
+formed, and then, in the midst of demonstrations, unpremeditated
+violence may be committed. The Stundists and the Young Turkish Party are
+examples.
+
+=The Occasional Criminal.=--"Economic conditions are generally
+responsible for the production of the occasional criminal. His crime is
+committed in order to satisfy his present wants. In him the sensual
+instincts may not be stronger than usual, and the social element, though
+weaker than usual, need not be absent. Weakness is the chief
+characteristic of the occasional criminal. When circumstances are not
+quite favourable he succumbs to temptation." (The Criminal, p. 18.) The
+occasional criminal is clearly a subject for educational treatment. He
+needs to cultivate greater power of self-control, to strengthen his
+moral sense, and above all to be thoroughly equipped for the battle of
+life. Imprisonment will frequently ruin him and be the cause of his
+becoming a confirmed or habitual criminal.
+
+=The Criminal of Passion.=--He is generally of considerable culture and
+of keen moral sensibility. His crime proceeds from a sense of righteous
+indignation which, for the moment, completely blinds him. Personal
+insults cannot disturb his calm, but the sight of a child being abused
+or a defenceless one being attacked, will so infuriate him that he may
+even commit murder. Premeditation is never present, he acts under the
+powerful inspiration of the moment, and his crime is an isolated event
+quite unconnected with his conduct in general.
+
+=The Insane Criminal=.--Insane persons who commit criminal acts, show
+rather a variation of insanity than of criminality. It would be more
+exact to describe them as "criminal lunatics" than as "insane
+criminals." Two classes exist, a fact which is often overlooked, for
+there are both criminal-lunatics and insane-criminals. In the first
+case, criminality is the product of insanity, but in the second case
+insanity is the product of criminality. Not an hereditary product in
+either case, but a product resulting from a cause within the person's
+mental or moral self.
+
+The pronounced lunatic, the incapable, irresponsible person whose
+actions are beyond his power to understand or control, is regarded by
+society as a being too dangerous to be at large. Of him we do not here
+speak to any extent, he is too well recognized. It should always be
+borne in mind, however, that he commits crime because he is a lunatic,
+and that although his confinement is absolutely necessary, yet there is
+no warrant whatever that it should be made penal in character.
+
+Although it is not possible in a work of this kind to deal largely with
+the subject, the writer would urge upon the notice of society and upon
+the special notice of jurists that there are a number of persons whose
+crimes should excite for them the greatest sympathy instead of, as is
+the case, the greatest detestation. Men there are who, perfectly sane in
+the ordinarily accepted sense, and who have not only a clear conception
+of the immorality of their conduct, but also an intense abhorrence and
+shame for it, find themselves performing the most revolting acts under
+influences that are absolutely irresistible. The sensualist has no
+justification, but our laws are excessively cruel in their dealings with
+this class to which allusion is made. To be brief, no man charged with
+sadism (lust-murder) pederasty or the related crimes, should have his
+case made public until a most complete diagnostic examination (including
+his family and personal history) has been made by competent persons.
+
+A careful study of Krafft-Ebing's monumental work upon the subject
+should convince our lawyers that they could not proceed in these cases
+without the assistance of the alienist and of those who are experts in
+the diagnosis of the various forms of patho-sexualism. The cases of
+insane criminals, that is, of the criminals whose vice is the cause of
+their insanity, is also divisible into two classes. There is that
+uninteresting class who on account of their irregular, immoral and
+excitable life become insane, and there is another class. These latter
+frequently escape the penalty of their crimes. Insanity is disclosed and
+they have no criminal record, therefore they are discharged. It would be
+a nice point to decide whether and to what degree, if any,
+responsibility exists. To give an example not altogether uncommon--a man
+who will not brook opposition or hindrance of any sort. On every such
+occasion he cherishes most spiteful, even murderous, feelings towards
+his opponent. He would do him any injury, even go to the length of
+killing him, but he dare not.
+
+He will storm, abuse and threaten, but he dare not go further. He is
+avoided by his neighbours as being a most cantankerous fellow; he is
+always being involved in disputes. This man is undoubtedly criminal at
+heart and is cherishing anti-social feelings which are steadily growing
+in their intensity. Revenge becomes the almost dominating influence over
+his mind, but it is held in check by fear. At last fear gives way and
+there is no further restriction to the emotion of revenge, which then
+becomes supreme. At this climax insanity occurs and murder is committed
+synchronically. Morally the act was committed years previously, and it
+was by his own conduct in goading himself on to the climax that made it
+an actual fact. Subsequently, almost immediately, he may become rational
+again and retain consciousness of the deed and thoroughly understands
+its outrageous nature. He will not then express any regrets but will
+declare that his deed was perfectly moral. This man is as near a monster
+as we dare call any man, and should never be allowed to have his liberty
+restored to him.
+
+=Instinctive Criminal.=--Called also the "born criminal" (Lombroso), or
+the "criminal by nature." The term "instinctive criminal" seems to be
+that growing most in popularity, possibly because there is less
+likelihood of it having to be modified by the results of further
+investigation.
+
+By the instinctive criminal is understood a man in whom the criminal
+instinct has gained a supremacy over the social instinct. He is not
+only anti-social in deed but also in character. (It would be a mistake
+to term him anti-social in nature, for that would indicate that he was
+absolutely hostile to humanity. One, anti-social in character, is
+capable of betterment, and this is possible of every man.) Many causes
+operate to account for his production, some of them reaching far back
+into his ancestry. When this is the case some physical handicap is
+always present, such as e.g. cerebral irritation and epilepsy.
+
+In childhood the instinctive criminal may be recognised by an excessive
+vanity which will often tempt him to steal, the thefts being generally
+confined to articles of personal adornment or which give an occasion to
+"swagger." When accused he will deny the charge brought against him with
+an effrontery which will too often create the conviction that he is
+innocent. When charged he will challenge the statements of his superiors
+without any hesitation whatever, but at a given moment will break down
+and make a most free and perhaps disinterested confession. Frequently he
+is very emotional in behavior and simulates the deepest regret, although
+he is practically without any remorse whatever. He will undertake to
+perform the most afflicting tasks of penance in order to expiate the
+wrong and give every assurance for future good behaviour. Neither of
+which is of the least value.
+
+Onanism and a morbid love for sweets is an important characteristic. In
+the adult, laziness, debauchery and cowardice are to be noticed. His
+signature is peculiar, involved and often adorned with flourishes. He
+loves to be credited with the performance of great achievements, and
+will tatoo medals upon his body or other symbols significant of
+greatness. The instinctive criminal generally complains that he is
+unfortunate, or that he has never had a chance, and that society is
+always contriving to keep him down.
+
+=The Habitual Criminal, or the Recidivist.=--When once a man has fallen
+into the clutches of the law and been incarcerated it is very difficult
+for him to keep his self-respect. His first crime may present many
+features to indicate that he is more the victim of circumstances than
+well-defined ill-will. But having been convicted, he finds himself
+shunned by all but criminal society, and together with other influences,
+educational in character, he is frequently allured into a relapse. If a
+prisoner endeavours to behave himself in gaol and keep aloof from evil
+contagion, he is bullied by his fellow-prisoners, and even his keepers
+regard him with suspicion. The one twit him with being a white-livered
+coward, the other consider him to be either a sneak or a "deep fellow."
+He is almost sure to fall and identify himself with the ranks of crime.
+An instance that the writer has personal knowledge of is that of a man,
+passionate in nature, and moved by the tears of a young woman on behalf
+of her imprisoned lover, stuck up a small country gaol under arms and
+gained the release of the imprisoned man. To escape the consequences he
+had to take to the "bush," and for two years he lived the life of an
+outlaw. He finally surrendered to the police and was condemned to death.
+As no personal injury had been committed and his manner of using his
+weapons shewed plainly that he did not contemplate any, his sentence was
+commuted to imprisonment for fourteen years, the first three to be spent
+in irons. At the end of that time the criminal habit was confirmed. For
+various offences he was sentenced at different times to periods
+aggregating in all to thirty years. After his last sentence had
+expired--six years ago--he began a new life and has not committed crime
+since. His whole career showed many redeeming points in it. This case is
+well-known to the New Zealand and Australian prison authorities.
+
+The number of criminals who are allured into relapse is computed by
+Orano to be 45 per cent of the whole.
+
+The distinction between the habitual criminal and the instinctive
+criminal is not merely an academical one but emphatically a practical
+one. Both are living the life of crime, and their acts may be, from an
+objective point, of exactly the same nature; but in the one case we have
+to deal with the criminal CHARACTER and in the other with the criminal
+HABIT. The distinction is first seen in the different ages at which each
+commences his criminal career; nextly in the different impelling causes.
+Again, the emotions, ideas and methods show a distinction. All these
+variations are in the aggregate of considerable practical importance,
+especially in the assignment of prisoners for reformatory treatment.
+
+       *       *       *       *       *
+
+
+THE CRIMINAL TYPE.
+
+Prof. Lombroso writing the introduction to Dr Arthur's "Criminology"
+says:--"This point as to the type, is scarcely recognized even by the
+most respectable savants. The reasons for this are many: above all,
+there are the criminals by occasion or by passion, who do not belong to
+the type and should not, for in great part it is the circumstances, and
+often the laws, which make them criminals and not Nature. And then some
+have strange ideas concerning the type."
+
+No doubt if the acceptation of the idea of type is carried out in its
+complete universality, it cannot be accepted; but as I have already said
+in my previous writings that it is necessary to receive this idea with
+the same reserve which one appreciates averages in statistics.
+
+When it is said that the average of life is 32 years, and that the month
+least (? most) fatal to life, is December, no one understands by this
+that all or almost all men should die at the age of 32 years and in the
+month of December; but I am not the only one to make this restriction.
+In order to show this I have to cite the definition which Monsieur
+Topinard, himself the most inveterate of my adversaries, gives in his
+remarkable work "The Type," says Gratiolet, "is a synthetic expression."
+"The Type," says Goethe, is "the abstract and general image" which we
+deduce from the observation of the common parts and from the
+differences. "The type of a species," adds Isidorus St. Helaire, "never
+appears before our eyes but is perceived only by the mind." "Human
+types," writes Broca, "have no real existence, they are only abstract
+conceptions, ideals, which come from the comparison of ethnic varieties,
+and are composed of an ENSEMBLE of characters common to a
+certain degree among themselves." I agree with these different points of
+view. The type is indeed an ENSEMBLE of traits, but in relation
+to a group which it characterises, it is also the ENSEMBLE of
+its most prominent traits, and those repeating themselves, whence comes
+a series of consequences which the anthropologist should never lose
+sight of either in his laboratory or in the midst of the populations of
+Central Africa." Manouvrier opposes Lombroso's theory and denies the
+existence of the type. He argues that if it exist at all it must be
+universal, whereas the peculiarities noted by Lombroso are present in
+honest as well as in criminal persons, the latter having, however, the
+greater proportion.
+
+The doctrine of Fatalism seems at first sight to be bound up in the
+acceptance of Lombroso's theory: but such is not the case. Lombroso
+himself declares that the type belongs to the born criminal only, and
+that the born criminal can be nothing more than an epileptic;
+criminality being a neurosis. It would thus seem that the type was but
+the indication of an organic defect which physically or psychically
+rendered the subject unable to adapt himself to the social condition;
+but not that unchangeable ideas, contradicting pure morality, were
+innate. Lombroso goes no further than to state definitely that the type
+exists, and that there are very clear indications that a different type
+will be found to correspond with the different forms of criminality.
+That the peculiarities are found also in persons living honest lives,
+proves nothing against his theory. For instance, there are many persons
+of distinctly criminal instincts who are kept in the paths of honesty
+merely by circumstances; and again, scientific investigation has not yet
+completed its work, and while certain typical peculiarities may be noted
+in the criminal and in the non-criminal alike, it is more than likely
+that the type will be found to consist in different combinations which
+will be discovered to exist in the criminal (not necessarily, the
+convict) exclusively. Or the type may consist in the peculiarities plus
+expression. The following typical peculiarities have been noticed by
+different criminologists:--
+
+=The Cranium.=--The more frequent persistence of the metopic or frontal
+suture. The effacement, more or less complete, of the parietal or
+parieto-occipital sutures in a large number of criminals. The notched
+sutures are the most simple. The frequency of the wormian bones in the
+region of the median and in the lateral posterior frontal. The backward
+direction of the plane of the occipital depression. (Dr A. Corre.)
+
+Feeble cranial capacity; heavy and developed jaw; large orbital
+capacity; projecting superciliary ridges; abnormal and assymetrical
+cranium; the presence of a median occipital fossa. (Lombroso.)
+
+=The Face.=--Scanty beard; abundant hair, prognathism, thick lips, dull
+eye, lemurian appendix to the jaw, pteleriform type of the nasal
+opening, projecting ears, squinting eyes, receding forehead and deformed
+nose. "Those guilty of rape (if not cretins) almost always have a
+projecting eye, delicate physiognomy, large lips and eyelids, the most
+of them are slender, blond and rachitic. The pederast often has feminine
+elegance, long and curly hair, and even in prison garb, a certain
+feminine figure, delicate skin, childish look, and abundance of glossy
+hair parted in the middle. Burglars who break into houses have as a rule
+woolly hair, deformed cranium, powerful jaws, and enormous zygomatic
+arches, are covered with scars on the head and trunk, and are often
+tatooed. Habitual homicides have a glassy, cold, immobile, sometimes
+sanguinary and dejected look; often an aquiline nose, or, in other
+words, a hooked one like a bird of prey, always large; the jaws are
+large, ears long, hair woolly, abundant and rich (dark); beard rare,
+canine teeth, very large; the lips are thin. A large number of swindlers
+and forgers have an artlessness, and something clerical in their manner,
+which gives confidence to their victims. Some have a haggard look, very
+small eyes, crooked nose, and the face of an old woman." (Dr MacDonald,
+page 40.)
+
+The following proverbs, collected by Lombroso, show the recognition in
+the popular mind of the criminal type:--"There is nothing worse than a
+scarcity of beard and no colour." "Pale face is either false or
+treacherous." (Rome.) "A red-haired man and a bearded woman greet at a
+distance." (Venice.) "Be thou suspicious of the woman with a man's
+voice." "God preserve me from the man without a beard." (France.) "Pale
+face is worse than the itch." (Piedmont.) "Bearded women and unbearded
+men, salute at a distance." (Tuscan.) "Men of little beard of little
+faith." "Wild look, cruel custom." "Be thou suspicious of him who
+laughs, and beware of men with small twinkling eyes." (Tuscan.)
+
+It must be remembered that while physiognomy gives valuable hints it is
+by no means absolutely certain. Further investigation may add materially
+to its value. It is also to be remembered that habits play an important
+part in the physiognomy. So much so is this true that it has been said
+of the reformed criminals from Elmira, that their faces have changed.
+
+
+
+
+Chapter III.
+
+THE CAUSES OF CRIME.
+
+
+In investigating the causes of crime we have first to understand what we
+mean by the word "Crime," and also what we describe by the term
+"Criminal."
+
+Crime may be regarded both objectively and also subjectively, i.e., as
+regards the deed itself and as regards the doer of the deed. In the past
+it was customary to consider the crime only and to punish the doer, or
+the criminal, according to the enormity of his deed. Scientific methods
+require, however, that we should study the criminal and ask ourselves
+"what is he?" and "of what forces is he the product?" If these questions
+can be satisfactorily answered, then society is better enabled to arm
+herself against his invasion, in fact having successfully diagnosed his
+case she may be led on to discover the means whereby criminals may be
+reduced to their irreducible minimum, both as regards number and as
+regards their capacity for doing harm.
+
+Man has two natures, the animal and the spiritual. The animal is the
+passive product of Nature, the forces of his development being guided
+and restricted by the condition of the life in which he is born and
+reared. To this animal nature belongs the natural appetites, passions,
+faculties and senses. This nature is not sufficient in itself, and its
+realisation cannot be accomplished until it is brought into complete
+subordination to the higher or spiritual nature. The function of this
+spiritual nature is to subordinate the animal nature by harmonising and
+controlling it, and it finds its partial realisation in the institutions
+of family, church and state; and its ultimate realisation in the
+heavenly counterparts of these. Thus subordinating the animal nature, it
+develops the powers of man's natural inheritance along their true line
+of advance and brings him steadily nearer the goal of perfect manhood.
+
+When, however, the spiritual influence is not exercised and man resigns
+himself to the uncontrolled influences which spring from his lower
+nature, he rapidly degenerates. Socially, this degeneracy is noticed by
+its process of gradually loosening, and finally severing the ties which
+bind man to his race. He becomes an unsocial being and ceases to
+contribute to the wealth, peace or establishment of society. His desire
+for society is regulated by his capacity to draw from it the
+satisfaction of the abnormal appetite of unregulated passion. In this
+mood he totally disregards the laws of society and seizes every
+opportunity that presents itself to prey upon it and he thus becomes an
+anti-social being. Through all ages up to the present, society has at
+the cost of much effort and suffering been progressing, stage by stage,
+towards a higher order. Each advance purchased at such a price, becomes
+a free gift, by inheritance, to the next generation, and from this
+inheritance still further progress may be made. It is quite possible
+that in a dissolute age retrogression may set in and the ground be lost,
+in which case its recovery becomes the arduous task of a succeeding
+regenerate age.
+
+With each advance that it makes society embodies in its institution the
+principles of social life such as it has been able to discover them.
+These principles being finally accepted, we must assume that they are
+eternal or else we are compelled to admit that society may be for ever
+at fault, that its development does not correspond with the true
+development of man, and that this present life is in no wise preparatory
+for a future. Though we declare that the principles of society are
+eternal, the social institutions which embody them are merely temporal,
+and may change with time and circumstances. They are, nevertheless,
+binding upon our allegiance, and any attempt to overthrow them becomes
+the anti-social act of the criminal and is a punishable offence. The
+criminal is an enemy to social advance. He profanes that which society
+holds sacred, he scatters that which society, at great cost has
+acquired, and he attacks society at its most vulnerable points.
+
+What, then it may be asked, are the causes that produce this anti-social
+being? In the case of the sane criminal, an immoral basis underlies all
+causes, and without this they would each and all be impotent. Some
+causes, as e.g. alcoholism, are the result of the individual's
+immorality; others again are independent.
+
+The principal causes are:--A bad ancestry (heredity), bad domestic and
+social conditions, alcoholism, imitation, and stress of circumstances.
+
+=Heredity.=--Among unscientific people there are many extravagant
+theories held, some even affirming that from the moment of conception a
+child's character may be determined as criminal, as if character
+underlay habit instead of habit evolving character.
+
+It is therefore necessary that we should endeavour to discover if
+possible how far the influence of heredity extends, and especially to
+disclose its powers as a factor influencing conduct. A man may be seen
+to have the same peculiar carriage and gait as his father; but to argue
+from that, that he will in obedience to a naturally transmitted impulse,
+follow in his father's footsteps as a thief or a forger is to step
+entirely out of the bounds of science. Gait and carriage belong to a
+different sphere altogether from morals and conduct. But let it be at
+once acknowledged that the morals and conduct of any given ancestry show
+a tendency to be reproduced in the posterity. The drunkard is the father
+of drunkards; the suicide is the father of suicides, and the parent's
+crime is repeated by the child. Not in all cases is this by any means a
+fact: but in a sufficient number to exclude the possibility of
+coincidence accounting for them all, and to demonstrate conclusively
+that some influence must be at work connecting the deeds of the
+progenitor with those of his offspring. What is this influence? Can it
+be at once declared to be the influence of heredity? The most usual way
+of determining this question is by the process of exclusion. If
+environment, education, imitation and other causes do not account for
+the phenomena, then heredity must. Heredity thus becomes a convenient
+name by which to denominate the insolvable. Sometimes the denomination
+is correct and sometimes incorrect, and very often, even when correct,
+it conveys a wrong impression. The impression being that the influence
+of heredity is altogether irresistible and also ineradicable.
+
+Now, whatever the influence of heredity may be, it must be determined
+scientifically and not merely guessed at. Nor must the failure to find
+an adequate cause for a certain crime be a sufficient reason for
+accounting heredity as responsible. Heredity has limits to its range of
+influence as well as any other cause for crime, and it may be found that
+there are certain fears which it can never invade. For instance, one
+sphere wherein its influence is manifestly great, is in the structure of
+the nervous, osseous, muscular, circulatory and vascular systems. Again,
+what is more common than to find intellectual ability running in
+families? Ribot, in his work on heredity, gives long lists of the
+world's most famous poets, artists, musicians, statesmen and soldiers,
+all showing the tendency of ability, in these various directions, to be
+transmitted from one generation to another. Not always to the generation
+immediately succeeding, for sometimes these various qualities disappear
+in the son to reappear in the grandson or great-grandson. However,
+convincing the evidence for transmission in these cases may be, it gives
+no warrant whatever for the conclusion that heredity may exercise an
+influence upon the MORAL conduct of man.
+
+Let it here be observed that the Moral Law is fundamental to all law. No
+laws in Nature ever contradict the Moral Law, but are always found
+acting in obedience to it. All the works of God are in accord with this
+Law; God is the Moral Governor of the Universe. Therefore whatever may
+hold good with all other laws, does not necessarily hold good with this
+Law. That a man should inherit his father's intellectual qualities is
+then no argument that he should also inherit his father's immorality.
+Nothing less will suffice than distinct evidence that he HAS inherited
+his father's immorality.
+
+A further observation is necessary, and that is, that morality is not
+absolute but relative. Strictly speaking, no man is moral. God alone is
+absolutely moral. Nor can we compare the morality of one man with the
+average morality of mankind in general. To estimate a certain man's
+morality of conduct we must compare his conduct with the degree of the
+sense of responsibility which exists within him, and also his power of
+control over his conduct. The murderous act of a lunatic for instance is
+an immoral act, because we compare the act with morality in the
+abstract; but it would be a mistake to call the lunatic an immoral man,
+for the simple reason that he had no control over his conduct and was
+therefore not responsible for it.
+
+Take the case of the drunkard. A certain drunken father has several
+drunken sons. The influence of environment, of education, or of
+imitation, we will suppose to be excluded. Is heredity the cause, and if
+so, has it invaded the moral sphere? The influence of the father's
+drunkenness is first made manifest in his own nervous system. The nerve
+centres become clogged and poisoned and fail to discharge their
+functions with the same healthy activity as formerly. The nervous system
+degenerates, and the consequence of this degeneracy is the production of
+that form of irritation within the system which we call the craving for
+drink, and which requires alcohol for its immediate satisfaction. The
+man will admit that he has no liking for the taste of drink; but
+declares that he is in a certain state of unsettlement which can only be
+overcome by the use of liquor. A temporary calm is induced, only to be
+followed by a more intense irritation or unsettlement afterwards, and
+thus a circle of cause and effect is at once described.
+
+This is then the degenerate state of the father's nervous system. Now,
+it is undoubted that he may transmit this same degenerate nervous system
+to his offspring and thus as his children grow up it is not to be
+wondered at if the same craving for drink is to be found in them as was
+existing in their parent. The influence of heredity has been at work
+upon the nervous system. Has its influence been restricted to this
+system, or has it invaded the moral sphere? The children's conduct is
+immoral, for no amount of argument can determine drunkenness to be
+anything else: but are the children themselves immoral? They are not
+immoral so far as they are acting in obedience to an impulse which is
+irresistible. The drunkard who is himself responsible for his habit, is,
+strictly speaking, an alcoholic and is vicious and degraded. The
+drunkard who drinks in spite of himself is, strictly speaking, a
+dipsomaniac, and is diseased and insane. The alcoholic may become the
+dipsomaniac; but the child who is the victim of a transmitted taint is
+without doubt a dipsomaniac and not an alcoholic. He is insane. It may
+not be an incurable form of insanity; nor need it be a very acute form;
+but insanity it is, and therefore he cannot be called an immoral man
+because he drinks, although he is guilty of immoral conduct. Heredity
+has not invaded the moral sphere. It has given the man a diseased
+nervous system, which, while weakening his will, has not perverted it.
+Thus it is seen then that if any effort is to be made for the reform of
+the dipsomaniac, the direct influence of heredity must be overcome by a
+course of treatment which would be addressed to the nervous system.
+Treatment which shall draw out the alcoholic poison and which shall
+quicken and invigorate the nerve centres. When the influence of heredity
+is discovered to be restricted within these limits, the case of the
+hereditary dipsomaniac becomes far less hopeless than it appeared at
+first sight, and it is for this reason that the causes of crime should
+be thoroughly investigated. To moralise to the dipsomanic is but lost
+effort, one may as well abuse a driver for not stopping his bolting
+horses. Some reformatory schemes have trusted entirely to moral
+agencies, and their failure has been quoted as evidence that all such
+schemes are futile. But their failure has been due to an entirely wrong
+conception of the cause of crime. The primary cause is undoubtedly a
+reprobate will: but this cause is not found in every case. Where the
+consequences of the parent's conduct has been inherited we find not the
+primary, but a secondary cause, such as e.g. a diseased nervous system.
+Sometimes both the primary and the secondary causes exist side by side,
+and then treatment must be addressed to both the will and to the
+physical system. In fact whatever methods of treatment are employed, the
+moral temperament must not be neglected, for even if the will be not
+perverted, it is considerably weakened and needs strengthening.
+
+The case of the sensualist is somewhat similar to that of the drunkard.
+Ribot quoting Prosper Lucas, gives the example of a "man cook, of great
+talent in his calling, has had all his life, and has still at the age of
+sixty years, a passion for women. To this he adds unnatural crime. One
+of his natural sons living apart from him does not even know his father,
+and though not yet quite nineteen, has from his childhood given all the
+signs of extreme lust, and strange to say, he, like his father, is
+equally addicted to either sex." (Ribot; Heredity p. 89.)
+
+The fact that this son imitated his father's vices at an early age, is
+not sufficient in itself to assign the cause to heredity. Nor does the
+fact that he was separated from his father's influence or example,
+strengthen the assignment beyond dispute. The causes for such conduct
+are so common that very few men escape from their influence, and
+whosever does not resist them, falls and becomes a victim. But probably
+this was a case in which an inherited influence pressed itself so
+strongly upon him as to become irresistible. What, we ask was inherited?
+A perverted will? That is absolutely impossible. A perverted will is the
+outcome of a deliberate choice of evil when the choice of virtue is
+equally possible. A weakened will, or a will subject to heavy stress is
+a different thing. There must be some stress upon the will. What is it?
+It is a well known fact that the exercise of the members of our body
+results in a great facility of movement being attained. The pianist can,
+after long practice, execute rapid and complex performances of
+fingering, which in the early stages of education were absolutely
+impossible. It is because the nerve centres controlling the muscles
+employed have been brought to such a high state of activity that they
+operate almost independently of the will. The nerve centres controlling
+certain of our functions DO operate independently of the will. Breathing
+is an example, and although an effort of the will is required to
+correct bad breathing, yet when once the habit of correct breathing is
+established, the directing influence of the mind ceases, and the nerve
+centres discharge their functions automatically.
+
+In the normal man the sexual instinct is inherited but the passion is
+submissive to the control of the will. The will is supreme and
+self-restraint is always possible. The immoral man has refused to
+exercise this restraining power, he has, in fact, by his immoral
+thoughts, lent his mind to the strengthening of the passion until it has
+gained an ascendancy. Continual sexual excitement has resulted in the
+nervous centres controlling the sexual organs becoming so powerfully
+developed as to act almost automatically, and independently of the will.
+In the normal man, sexual excitement results upon the mental vision; in
+the sensualist the excitement precedes the vision. Another effect is
+noticed in the physiognomy which changes in accordance with the
+development of the nerve centres and presents all the appearances of the
+typical sensualist or prostitute.
+
+In some cases the sensualist transmits this highly organised or
+disordered nervous system to his descendants, and consequently when they
+arrive at a certain age they find their bodies invaded by a passion over
+which they have small, and sometimes no, control. It is distinctly a
+case of functional insanity with them. Their will power is weak because
+of undue stress, but it has not been perverted. Perversion may follow;
+but may also be avoided, and even the will sufficiently strengthened so
+that it may re-assume control and subject the passion to control. The
+influence of heredity is here also confined to the nervous system. That
+is, the direct influence, the influence which was first felt and before
+it received any support which the mind of the victim may give it. The
+cases of hereditary suicides, murderers and assassins afford a very
+large field for investigation, and we cannot do more than suggest some
+causes which seem to give strong evidence of their existence. These
+causes if their existence be allowed, and we see every reason that it
+should, will restrict the influence of heredity to a much narrower
+sphere than is popularly supposed. The old story of the devil preaching
+upon the horrors of hell serves somewhat to illustrate our meaning. When
+the abbot enquired whether it was not contrary to his interests to draw
+so vivid and terrible a picture he replied in the negative and gave as
+his reason that the man who contemplated the horrors of hell was the man
+who was bound to find his way there.
+
+The contemplation of criminal acts effects a strange fascination upon
+the mind and very often induces imitation of the same acts. When a
+suicide or murder, in fact any crime, is committed by a member of a
+family the other members either, according to their moral disposition,
+experience a greater or lesser repulsion for the deed than they formerly
+possessed. The enormity of the deed is either stronger or lesser in
+their eyes than before. In the latter case, murder or suicide does not
+seem nearly so heinous a crime when it is brought so closely under their
+notice. The very knowledge that a father or uncle or any other near
+relative, or even friends for that matter, committed suicide, makes the
+act appear far less terrible, and also far less impossible for
+themselves. Most men have at some time or another an impulse to destroy
+themselves, it may not be very strong; but if it is felt at a time when
+the circumstances of life are unfavourable and, if added to this, there
+is presented the example of a suicide very near at home, the impulse is
+undoubtedly strengthened. The whole chain of circumstances seem to
+direct the vision upon the rash act of the friend or relative, until at
+last the vision becomes fascinating, and the act is imitated. To use a
+concise expression one may call this the "hypnotic power of
+circumstances." It is not an absolute cause in itself; but, strictly
+speaking, may we call any cause absolute? It is not a cause which would
+influence a man of strong will or of sound morality. But a sentimental
+person, one of morbid ideas, weak will, or overcome by the thought of
+detection, or the fear of misfortune, might easily fall a victim to its
+influences. It will not account for all the cases of hereditary suicide,
+for a mental disease may be transmitted which would account for the
+suicide of both father and son or whatever the combination may be. It,
+however, does account, we believe, for the majority of the cases, and
+the similarity of the method employed strengthens this belief, for it
+indicates that the mind is dwelling upon the actual vision of the
+relative's suicide, and is not merely contemplating suicide in the
+abstract. This theory would imply that any case of suicide, upon which
+the mind would dwell and concentrate itself, would exercise the same
+influence, and this is the case. A few years ago in Dunedin an
+accountant who was involved in financial difficulties, shot himself with
+a pistol. His executor, against the advice of friends, took charge of
+the pistol. Becoming involved in financial difficulties himself, he too
+committed suicide by shooting himself with the same weapon! Almost,
+without a doubt, we may say that the circumstances of the first suicide
+exerted upon the mind of the trustee a hypnotic influence which combined
+with and gave the final impulse to the other contributing causes of his
+act.
+
+Another instance is that of a young man who, contemplating suicide,
+carried a revolver about with him for a whole day. He spoke of suicide
+to his friends, occasionally discharged shots into the ground, and
+finally, during the evening, blew his brains out. That he contemplated
+suicide was evident from his conversation, but that his mind was not
+made up, is also evident from the delay he occasioned. In fact, his
+whole behaviour indicates a faint desire to cling to something stronger
+than himself in order to brace himself against his haunting fears. The
+revolver fascinated him. He dallied with it, made up his mind, changed
+it again, and finally the influence became supreme for a moment, and he
+fired the fatal shot. Throughout the day, he very probably thought of
+the grief of his relatives and of the young woman he was soon to marry,
+he pictured the consternation of his friends, read the newspaper
+accounts of his act, saw his funeral, and let his mind run altogether in
+morbid channels. Thus it was that the vision of his own act exerted an
+hypnotic influence upon him which became at the critical moment supreme
+and irresistible.
+
+When the picture is real and not imaginary, and when the circumstances
+of a parent's or brother's or friend's suicide may easily be recalled
+and the mind allowed to dwell upon them, how much greater would the
+influence become, especially when the same example has served to
+diminish the idea of the enormity of the act. Where persons lend
+themselves to the idea that an hereditary influence exists and may
+spring upon them at any moment, they are almost sure either to destroy
+themselves or else to develop some form of insanity. There are cases of
+murder and assassination (apparently hereditary crime) where the
+conditions are so similar that the hypnotic power of circumstances may
+likewise be urged as sufficient cause.
+
+So far, an attempt has been made to show that whatever the influence of
+heredity may be, it is restricted outside the sphere of morality. It
+cannot transmit an IMMORAL IDEA. So far as certain forms of
+vice and crime are concerned it most probably is limited entirely to its
+effect upon the physical structure of man. Combined with family
+tradition and working upon a diseased, or weakened will, it accounts for
+similarities of conduct. Suicides, murderers and assassins do not then
+receive by transmission from their ancestry any taint or tendency which
+may be called the direct cause of their crime. Another factor is
+present, a hypnotising power, and this is the final and directing power.
+It is a different influence to imitation, although its first result is
+the same, viz: the lowering of the moral idea. But crimes where the act
+is the imitation of another person's act are generally committed from
+the desire to become notorious and to be the centre of observation. The
+spirit of vanity, very strong in the low type, is appealed to and
+aroused. Or perhaps, the example of another's crime affords a suggestion
+for the method of accomplishing a certain desired end. On the other
+hand, the ancestral example, after having broken down the moral barrier
+depends entirely upon its power to fascinate. Those of weak will or
+guilty conscience, alone succumb to its influence. If we consider the
+cases of thieves, vagabonds and paupers we find their crimes and vices
+likewise running in families. It is nevertheless quite a mistake to jump
+at the conclusion that heredity accounts for all these coincidencies.
+Exempting all cases of transmitted mental alienation and observing only
+those who are quite responsible for their action, it is impossible to
+suppose that there is, somewhere in their organism, a power which will
+direct their lives into the channels of vice or crime just as
+irresistibly as the influence which makes the hair grow on the crown of
+their heads. It is unthinkable. It supposes a responsible person who
+cannot control himself. Which is a contradiction.
+
+M. Moleschott, at the International Congress of Criminal Anthropology
+held in Paris in 1889, "mentioned an influence towards crime that had
+not been noticed, to wit, the hereditary social influence, or that is,
+the tradition which is instilled into the mind of every child before he
+knows the difference between right and wrong, that by which he obtains
+the rudiments of his knowledge of right and wrong. Whether it be correct
+or not it is the child's standard. He gets it not from any knowledge of
+theory of justice, but from the tradition of his own neighbourhood, as
+it is taught by his parents and associates by the people, and as is
+believed by them." (Criminal Anthropology; the Smithsonian Report for
+1891.)
+
+It will be understood that the influences of which M. Moleschott speaks
+are not of an hereditary nature, that is, they are not transmitted
+through the blood; but they are influences which are present from the
+first moment of consciousness. They are quite sufficient to account for
+the criminal type being found in the physiognomy of a person born and
+reared among such surroundings. It is a very popular error to suppose
+that a person's physiognomy never changes, and therefore that if the
+criminal cast of countenance is seen it must be a faithful witness to
+some innate depravity transmitted from an ancestry. The expression plays
+such an important part in the moulding of the countenance, that of two
+brothers very much alike in youth, one, afterwards given to crime, will
+still retain his resemblance to his brother; but will display the
+criminal type as well. It is thus that we have the different types in
+murderers, assassins, thieves, swindlers and sensualists. They are all
+criminal or vicious but their forms of criminality and vice are so
+diverse that a different expression results from the different kinds of
+thought passing through their minds. In their theories, few people
+acknowledge that the symmetry of the facial features may change, and yet
+it is a matter of common observance that they do. In the cases of
+persons becoming insane or persons who have suffered from long and
+painful illnesses it is very remarkable. Likewise in the case of the man
+who has fallen into crime, it is also most noticeable. Of course there
+are limits to the changes which the expression may produce, but these
+changes are nevertheless very great and sufficiently so, not perhaps to
+produce Lombroso's type in any given face, but to give that face at
+least a distinctly criminal cast.
+
+The appearance then of this criminal cast upon the features is not
+sufficient evidence to account for an inherited tendency towards crime.
+Dr Manouvrier insists that Lombroso's theory that the criminal is born
+and not made is based upon the exploded science of phrenology, and
+declares that all the anatomical distinctions and physicological
+characteristics quoted by Lombroso are to be found among honest men as
+well as among criminals. The fact that a greater proportion are found
+among criminals to his mind proves nothing.
+
+[There is not vast difference between normal and abnormal persons
+possessing these peculiarities. In Lombroso's work "The Female Offender"
+he notices:--
+
+                            Normal Women        Criminal Women
+  Receding foreheads         8 per cent.          11 per cent.
+  Enormous lower jaws        9   "                15    "
+  Projecting cheek bones    14   "                19.9  "
+                                      Murderesses 30    "
+     "       ears            6   "                 9.2  "
+  Flat nose                 40   "        Thieves 20    "
+
+Gradenigo (quoted by Lombroso) gives the following table showing the
+peculiarities of the ears of 245 criminals as compared with 14,000
+normal women:--
+
+                               Normal           Criminal
+  Regular external ear       65 per cent.    54 per cent.
+  Sessile ear                12    "         20    "
+  Scaphoid fossa prolonged
+    to lobe                   8.2  "         21.2  "
+  Projecting ears             3.1  "          5.3  "
+  Prominent anti-helix       11.5  "         14.2  "
+  Darwin's tubercle           3    "          2.9  "
+
+Other anthropometrists notice different proportions.]
+
+If Lombroso's theory, that a man was born a criminal, was to be taken as
+the rule, Manouvrier declares that it must then be universal, and that
+men thus born must inevitably commit crime. If it be a rule then it must
+operate in all classes, and since it does not so operate, proof is given
+that it is not the rule. Manouvrier declares that the man possessed of
+characteristics the very opposite of Lombroso's criminal, if subjected
+to the conditions, influences, and temptations, which lead to crime
+would as likely commit crime as he who possessed all the characteristics
+which Lombroso describes as typical. Manouvrier regards the social life
+of a person from childhood as being the most important factor in
+moulding character. He emphatically denies that there is in the embryo a
+predisposition to crime. Dr Magnan likewise refuses his assent to this
+theory.
+
+It may be rather daring to suggest a theory which would reconcile the
+differences between these eminent men: but as the facts presented by
+each side are indisputable, some such reconciliation must exist.
+Possibly if we interpret Lombroso's phrase, "inherited tendency towards
+crime" or "predisposition towards crime" in the same way as we interpret
+the term ("predisposition towards disease") when speaking of tubercular
+persons (or, as Mercier speaks of the insane), that is as persons, who
+in a given favourable environment, are more likely to commit crime than
+persons without that inherited tendency, we may find these theories to
+be more in accord with one another. Lombroso insists that there must be
+an inherited tendency, Manouvrier insists that there must be
+environment. As in the case of tubercular persons (of tubercular
+ancestry) these two causes are complementary, may it not be also the
+case with criminals of criminal ancestry? The INHERITED IMMORAL
+IDEA seems to be really what Manouvrier rejects. A vicious
+conception of life which makes the man inevitably, incurably, and
+irresistibly a criminal, is apparently the interpretation he puts on
+Lombroso's theory. But from Lombroso's works and speeches, the
+interpretation does not appear to be at all a necessary one. The
+transmission of a disordered nervous system with its consequences, as
+one cause, the "hypnotic influence of circumstances" as another cause,
+and these two causes acting sometimes separately and sometimes
+conjointly, will very possibly account for the phenomena Lombroso
+observes. A most important factor, and one which cannot be disregarded,
+compels the acceptance of some such theory. This factor is the success
+resulting from reformatory effort. It is not only Lombroso and
+Manouvrier that need to be reconciled, but Lombroso, Manouvrier and
+Brockway. This latter gentleman is the founder of the famous Elmira
+Reformatory which has reformed 82 per cent. of 12,000 felons which have
+been committed to it for treatment.
+
+We come then to this conclusion that heredity plays an important part in
+the production of the criminal; but that there are other very important
+factors which are often confused with it and when separated from it
+reduce the popular estimate of its influence to the scientific one,
+which is considerably the lesser one. Furthermore, as a consequence of
+this investigation, the true foundations upon which reformatory science
+is to be built are clearly indicated.
+
+This statement, that heredity plays an important part in the production
+of the criminal, needs to be carefully guarded. It means precisely this
+and nothing more:--That where an hereditary influence (such as above
+described) making crime easier, has been transmitted, there that
+influence is an important factor in the production of the criminal. It
+does NOT mean that this influence is invariably transmitted by the
+criminal parent, neither does it mean that the majority of criminals are
+"born" criminals.
+
+The following is an extract from a letter upon this subject which the
+author has received from Dr. Arthur MacDonald, one of the leading
+criminologists of to-day:--"There is no proof of any scientific value
+that criminality is inherited." By criminality we understand "the moral
+basis of crime."
+
+The famous "Jukes" family that lived in the State of New York, afford
+one of the most interesting studies in heredity to be found in the
+annals of criminology. Of this numerous family (some 709 persons of
+which were clearly traced in five generations) the elder sons took to
+crime and the younger sons to vagabondage. There was indeed a proportion
+of honest and industrious persons among them. Of the women 52 per cent.
+were prostitutes. That a proportion of honest men among the sons, and a
+fair number of virtuous women among the daughters is recorded, clearly
+proves that an hereditary taint is not, in all cases, necessarily
+transmitted from parent to child. Latency in one generation, with
+activity in the next, is frequently observed in the transmission of
+disease; but in the case of crime, as distinguished from vice, this is
+rarely so.
+
+That the younger sons of the "Jukes" family fell into habits of
+vagabondage (leaving it to the elder sons to carry on the criminal
+traditions of the family) is also worthy of notice. It serves to show
+that whatever the influence of heredity may be, as a factor disposing
+towards crime, it cannot be an independent and final factor. In families
+living after a primitive manner of life, as this family did, the elder
+sons are invariably the companions of their fathers and accompany them
+on their depredatory raids. The younger sons are left to the milder
+environment of their mother's society. Thus from a criminal point of
+view, the environment of the elder sons is more intense than that of the
+younger sons. The difference in environment accounts for the difference
+in character formed; the more intense environment accounting for
+criminals and the milder environment for vagabonds. Sometimes the
+influence of environment is overcome, and we noticed that among the
+"Jukes" a proportion of the family was honest and industrious.
+Acknowledging the transmission of a physical defect from a criminal
+ancestry, we must bear in mind that the conditions of the criminal's
+life are such as are calculated to produce in himself that defect which
+he transmits. His body becomes weakened, his nervous system disordered,
+and the physical substratum of his mind diseased. These defects he
+transmits to his offspring and thus handicaps them in the effort that is
+required from the individual to adapt himself to the conditions of
+society.
+
+This is the criminal "taint" or handicap that makes it more likely that
+the individual should fall into crime than the normal man. Although
+society regards this hereditary criminal as a monster, it has been made
+clear that he is really more deserving of compassion than one not so
+handicapped. To secure society from his injurious acts, our courts
+frequently take the illogical and unjust course of imposing a more
+severe punishment upon him. This is in itself a clear evidence of the
+demand that exists for penological reform.
+
+=Environment.=--By environment we understand bad homes, bad
+associations, and generally bad conditions.
+
+Of the condition of the 12,000 persons who passed through the Elmira
+Reformatory between the years 1876-1902, only 1.47 per cent. came from
+good homes and 37.4 per cent. from fair homes. Of the character of the
+men's associations, 56.6 per cent. was positively bad; 41.9 per cent.
+was "not good;" .9 per cent. was doubtful, and 1.6 per cent. was good.
+
+It is scarcely necessary from a practical point of view to enquire into
+the actual amount of crime which results from a bad environment, for it
+is only too obvious that none but those of the strongest wills and of
+the highest morality can resist the influence of bad surroundings when
+these are constant. Our enquiry should rather be directed to ascertain
+what constitutes a bad environment and what are the causes that produce
+it. It should also seek to discover by what means its evil influence may
+be checked and how to eradicate these influences when present. The
+attitude of our law-courts towards the criminal is practically
+this:--"You have been reared amidst evil surroundings whose influence
+you could not resist, you are a criminal, an outcast from society, you
+must be punished by being locked up in a school of crime in the hope
+that it may inspire you to live a better life. The sentence of the court
+is ..." And society endorses this attitude!
+
+The evil influence of bad surroundings is well exemplified by an
+instance recorded by Viscount D'Haussonville in his work "L'Enfance a
+Paris":--"Some years ago a band of criminals were brought before the
+jury of the Seine charged with a terrible crime, the assassination of an
+aged widow, with details of ferocity which the pen refuses to describe.
+The president of the court having asked the principal, Maillot, called
+'the yellow,' how he had been brought to commit such a crime, he
+replied:--What do you wish that I should tell you Mr President? Since
+the age of seven years I have been found only on the streets of Paris. I
+have never met anyone who was interested in me. When a child, I was
+abandoned to every vicissitude--and I am lost. I have always been
+unfortunate. My life has been passed in prisons and gaols. That is all.
+It is my fate. I have reached--you know where. I will not say that I
+have committed the crime under circumstances independent of my own will,
+but finally--(here the voice of Maillot trembled) I never had a person
+to advise me. I had in view only robbery. I committed robbery but I
+ended with murder."
+
+The following description of the manner in which parents may defeat the
+work of the juvenile reformatory or industrial school was given by
+Senator Roussel at the Fourth International Prison Congress:--"The
+pernicious influence of parents relative to minors is manifest in two
+ways and at two periods of the child's life. First in extreme youth,
+when he is only a burden, his parents neglect him. He is left without
+proper care, often without proper food and subjected to all the hazards
+of the streets; he is forced to be a vagabond and a beggar, and this
+situation continues until a violation of the law places the little
+unfortunate in the hands of justice. Later, everything is changed. When
+by maturity of age and good effects of penitentiary education, the child
+instead of being a burden can be a source of profit, we see those same
+parents, who had abandoned him in his infancy, and apparently had
+forgotten him altogether, go to him and win him back to them by their
+entreaties, and finally on his discharge regain him by virtue of
+parental authority. This indiscretion of evil parents ... is the way
+that the first-fruits of correctional or charitable education are
+corrupted and that a great many minors who would have become useful
+members of society, are definitely lost to it."
+
+It may be heresy to criticise our public school system but it is more
+than an open question whether we are not producing a generation of badly
+educated people who are not aware of their own ignorance, who see no
+dignity in labour and who prefer to make their living by speculation
+rather than by work. The fault largely consists in estimating the
+efficiency of a school or a teacher solely by the results obtained at
+examination and making the children work for this end and this end only.
+Their memories are taxed to the uttermost but no attempt is made to
+develop them into reasoning, enquiring and labour loving beings. The
+difficulty with which children in the sixth and seventh standards follow
+the simplest arguments is simply amazing. The teachers, moreover, have
+no opportunity for cultivating the art of pedagogy. Their whole time is
+taken up preparing matter to pour into the child's mind. The bad
+salaries that are paid can also have but one result, viz., the depriving
+the State of the services of the most manly and most noble teachers and
+having the work committed to those of the genus prig.
+
+Bad homes, bad schools and playgrounds only once removed from cattle
+yards, will be, in this country, the most potent factors in producing
+crime.
+
+=Alcohol.=--The influence of alcohol in the commission of crime is both
+direct and indirect. We see its direct influence in those crimes which
+are committed whilst the culprit is either in a state of intoxication or
+else just recovering from such a state. To detect and trace its indirect
+influence a much closer study is required. The inconsequent, lazy and
+thriftless life of the criminal demands some sort of stimulant, and this
+is found readily at hand in alcohol. Alcohol is not the cause of the
+crimes of these people but it is closely associated with such cause. The
+man who stabs another in a saloon is not then guilty of his first crime.
+Under the influence of intoxication he has lost his power of
+self-control and he commits a deed for which he may in a sober moment
+have still a degree of moral abhorrence or be perhaps too much of a
+coward to perform.
+
+Many criminals, whose crime requires a certain amount of nerve and
+calculation, as e.g. assassinations, murders, robberies, swindlings,
+etc., will not touch alcohol until their crime has been completed and
+they have satisfied themselves that they covered up all trace of it.
+They then often indulge in a debauch.
+
+In the lower courts, offenders will frequently plead as an extenuation
+that they were intoxicated at the time when they committed their
+offence. This is often done in order to escape the full penalty, and
+such pleas are not to be relied upon in estimating the real influence of
+alcohol. In the higher courts, for the same reason, criminals often
+feign insanity, and in not a few of such cases they become their own
+dupes by actually losing the possession of their senses. Drunkenness and
+crime go together, although the increase in the consumption of alcohol
+does not necessarily mean that crime has increased. Neither does the
+reverse hold good. When crime appears first it is not long before all
+forms of animal indulgence follow. Sometimes drunkeness appears first,
+and when the home has been reduced to beggary, crime results.
+
+Under the immediate influence of drink, the crimes most commonly
+committed are those against morality and the person. In countries where
+the saloon is an institution, it is invariably the home of criminals and
+the scene of many murders and deeds of blood. In France, e.g. out of
+10,000 murders committed, 2,374 occurred in saloons. The indirect
+influence of alcohol is perhaps more terrible than its direct influence.
+There is this sad feature about it also that the greatest sufferers are
+the victims, not of their own abuse, but of that of others. Many a
+criminal tells the story, which is easily corroborated, of the days of
+his childhood when his father came home drunk and the children for very
+fear had to hide themselves or run out into the streets, often to sleep
+wherever they could, and perhaps steal to satisfy the pangs of hunger.
+Such children are quickly absorbed, the girls into the ranks of
+prostitution, the boys into those of crime. Many too, by reason of their
+parents' intemperance, are weaklings and unable to take their stand in
+the ranks of honest labourers. Unless they are rescued by philanthropic
+effort they very soon take to crime, and physically and psychically
+present all the features of the "instinctive criminal."
+
+Of 12,000 criminals at Elmira, in nearly 36 per cent, was a drunken
+ancestry to be clearly traced.
+
+To state exactly the influence of alcohol as a cause of crime will, from
+the nature of the case, never be possible; but this much is certain,
+that EVERY cause finds in it a strengthening contributary of
+considerable potentiality.
+
+=Imitation.=--One of the principal characteristics of the criminal is
+his excessive vanity. His great ambition is to gain notoriety and to be
+talked about by the public. Almost every criminal has his hero in crime
+whose deed he tries to emulate as nearly as possible; or, better still,
+to outshine. Thus we find, that when some daring deed has been
+perpetrated, there are not wanting others who quickly make an attempt to
+imitate it. A prisoner tried to kill his comrade because a third man,
+who was standing his trial for murder, was receiving in his estimation
+too much attention from the public and especially "too many bouquets." A
+murderer in New Zealand declared that the notorious bushranger Ned Kelly
+was his ideal of a man. A certain priest, beloved by all, was found
+murdered. None could account for the crime; afterwards it was discovered
+to have been the act of a young criminal who performed it merely as an
+act of bravado. Instances of this sort might be multiplied all tending
+to show that the vanity of the criminal leads him, as far as his courage
+will permit, to imitate the most daring deeds in crime. The witnessing
+of executions and reading the accounts of fictitious and real crimes
+often leads many into crime. As a deterrent to crime, it was once the
+custom in England to conduct executions in public. Lombroso records it
+as being his conviction that such publicity does, by the law of
+imitation, lead more into crime than it turns from it. This he considers
+is one of the most powerful arguments in favour of abolishing the death
+penalty. Out of 167 persons condemned to death in England, 164 had been
+present at executions. The reading of sensational novels or the
+descriptive accounts of great crimes has a most alarming effect upon
+those who are of an impressionable nature. These persons are to
+themselves the heroes of an imaginary world. They will put on an air of
+bravado, adopt a "swagger" style of attire, carry sharp knives and pose
+before their companions as dare-devils. If not sufficiently courageous
+to perform deeds of daring they will constantly be recounting imaginary
+ones for which they will claim the authorship; or else they will be for
+ever threatening to do something of a staggering nature. The more
+courageous of these frequently become dangerous criminals while the
+more timid descend into sneak thieves, or the assaulters and violators
+of the persons of the defenceless. This inflammatory reading matter also
+exerts an hypnotic influence over some which is almost irresistible. Dr
+MacDonald ("Criminology" p. 131), gives the instance of a woman who
+after having read of the dreadful crime of a Parisian mother, came to Dr
+Esquirol and pleaded with him to admit her into his hospital, declaring
+that since reading of this crime she was tormented by the devil to kill
+her youngest child. Reading of the crime and vividly picturing to
+herself the details of it, had resulted in the woman's mind being laid
+hold of by a fascinating power which continually prompted her to kill
+her own child. Her wish was granted and she recovered.
+
+In this case we have another instance of the "hypnotic influence of
+circumstances." Firstly, the picture is deeply impressed on the mind;
+next the moral sensibilities are hardened, and lastly the overt act is
+committed. Tropmann who murdered a whole family of eight, confessed that
+his demoralisation was due to the reading of sensational novels. The
+publication of the details of crimes and the circulation of inflammatory
+fiction is a most fruitful cause of further crime. One of the most
+efficient safe-guards against crime and scandal is a sensitive public
+moral tone. This is undoubtedly hardened by the publicity given to
+sordid and gruesome details. One fails to see what good purpose can
+possibly be served. Knowledge is power, but in this case, it is a power
+for evil. The weak-willed readily obey the law of imitation, the
+criminal is gratified at seeing the big headlines in the newspapers and
+impelled to further crime, and some neurotics are positively hypnotised.
+
+Any serious attempt to suppress the increase of crime must take these
+matters into consideration, and it will unquestionably prove abortive
+unless a much stricter censorship is exercised over the publication of
+the gruesome details of crimes and scandals and also over the sale of
+the type of literature referred to.
+
+
+
+
+Chapter IV.
+
+THE MANNER AND PHILOSOPHY OF PUNISHMENT.
+
+
+The various punishments which are inflicted upon our law breakers are
+fines, imprisonment, flogging, and death.
+
+=Fines= produce a very useful means of dealing with persons whose
+offences show a tendency to crime rather than to actual criminality. In
+many cases the self-respect of the offender has not been sacrificed, and
+while under arrest the sense of shame is deeply aroused. The shock from
+being brought face to face with the law is often sufficient in these
+persons to check any further tendency towards crime. The imposition of a
+fine will satisfy the claims of justice and inflict that degree of
+punishment necessary to fix the idea of abhorrence towards crime in the
+mind of the offender. In the case of boys charged with petty offences
+fining is often a most valuable means of punishment. To dismiss with a
+caution may lead to nothing; to imprison is invariably a most disastrous
+course to pursue; to flog within a gaol may be too severe but to fine is
+an excellent method. The parent has to pay the fine, and as the child's
+offence is generally due to the want of parental control and discipline,
+the punishment reaches right home and better control for the future
+generally results. Where parental control is non-existent, and there
+remains no possibility of creating it, other measures must be taken
+which will supply a substitute for the discipline of home life.
+
+In some case of theft, minor assault, disturbing the peace, and other
+offences which indicate a momentary and not very serious lapse of
+self-control, or perhaps a somewhat vague conception of the supremacy of
+the law, fines serve all the purposes of justice. A four-fold
+restitution for all damage done might be taken as a standard to be
+increased or diminished in exceptional cases. In all these instances the
+culprit should be made to pay the fine himself even though it should
+require a fairly lengthy period in which to liquidate it. Section 16 of
+The New Zealand Criminal Code provides that the Court may exercise its
+own discretion in imposing a fine upon any person whose offence rendered
+them liable to a term of imprisonment. There are many cases, however,
+even of first offenders, in which fining is quite useless.
+
+=Imprisonment.=--So much has been written describing the various prison
+systems in vogue in different parts of the world that it is unnecessary
+to do much more than briefly outline them here.
+
+(1). The congregate system. In which the prisoners are associated
+together by day or by night or by both. Were the object to convert the
+prison into a school of crime, no better system could be devised. The
+standard of the lowest is the standard which must prevail under the
+congregate system.
+
+(2). The solitary system. The extreme opposite of the congregate system.
+The prisoners are allowed to have practically no communication with
+anyone whomsoever. In some countries this system is made indescribably
+cruel. At Santiago in Chili in one part of the prison the inmates are
+employed upon useful work under most humane conditions, and yet in
+another part of the very same building a most barbarous system exists.
+Mr F. B. Ward (quoted in Penological and Preventive Principles)
+describes what he saw in 1893:--"In this splendid model institution
+there are noisome, slimy cells, where daylight never enters, in which
+human beings are literally buried alive. Under the massive arches of
+enormously thick walls, where even in the outside rooms perpetual
+twilight reigns, are inner cells, two feet wide by six feet long, and
+destitute of a single article of furniture. Until recently, those
+confined in them were walled in, the bricks being cemented in places
+over the living tomb. Now there is a thick iron door, which is securely
+nailed up and then fastened all around with huge clamps, exactly as the
+vaults are closed in Santiago Cemetery, and over all the great red seal
+of the Government is placed--not to be removed until the man is dead, or
+his sentence has expired. The tiny grated window is covered by several
+thicknesses of closely-woven wire netting, making dense darkness inside,
+so that the prisoners cannot tell night from day. There is no
+ventilation except through this netting, and no opening whatever to
+admit outside air into the tomb. Low down in the iron door, close to the
+ground, is a tiny sliding panel a foot long by a few inches wide
+arranged like a double drawer, so that food and water may be slipped in
+on shallow pans and the refuse removed. Twice in every twenty-four hours
+this panel is operated, and if the food remains untouched a given number
+of days, it is known to a certainty that the man is dead, and only then
+can the door be unsealed, unless his time is up. If the food is not
+touched for two or three days no attention is paid to it, for the
+prisoner may be shamming; but beyond a certain length of time he cannot
+live without eating. Not the faintest sound nor glimmer of light
+penetrates those awful walls. In the same clothes he wears on entering,
+unwashed, uncombed, without even a blanket or handful of straw to lie
+upon he languishes in sickness, lives or dies with no means of making
+his condition known to those outside. He may count the lagging hours,
+sleep, rave, curse, pray, long for death, dash his brains out, go mad if
+he likes--nobody knows it. He is dead to the world and buried though
+living. They told us that only one man has ever survived a year's
+sentence there. Those that survive six months are almost invariably
+drivelling idiots or raving maniacs."
+
+It was under similar conditions to these that the assassin of King
+Humbert of Italy was incarcerated. Such a system shows a cruel
+vindictive rage towards the criminal. Terrible as the offender's crime
+may be, society must deal calmly and not lose self-control or give such
+an exhibition of its own criminal ferocity.
+
+=The Separate System.=--Under which the prisoners are not allowed to
+associate with each other, but receive frequent visits from gaolers,
+warders, chaplains, and other persons who are likely to bring beneficial
+influence to bear upon them. Each man has his own cell, in which he
+sleeps and works. His exercise is conducted in such a manner as to
+prevent contact with other prisoners. He is allowed books and given
+daily instruction. Under this system perhaps the best results are
+obtained.
+
+=The Silent System.=--A system under which the prisoners associate with
+one another but are forbidden to communicate. This system cannot be
+strictly enforced, and as it converts trifling matters into serious
+offences, it makes the prison life a state of petty persecution.
+
+=The Combined System.=--A system which the prisoners are kept apart
+during the night but work together during the day. This system has been
+adopted in New Zealand, and in the following description of the value of
+imprisonment it will be understood that it is to this system that
+reference is made.
+
+A man is sent to prison because he has proved himself unfit to be at
+liberty. His attack upon society was evidence of this, and society
+punishes him by taking away the liberty which he has thus abused. His
+dread of the prison increases as he comes under the shadow of its grim
+walls, and, once having passed within, a feeling of remorse and
+desperation seizes him. Its intensity or weakness will depend upon his
+temperament. He is soon told in the most emphatic manner that he is to
+regard himself as a felon; that he is to live with felons as a felon and
+observe the habits of a felon. He is given a uniform coarse in texture
+clumsy and grotesque in appearance and branded over with the broad-arrow
+and with his prison number. In this garb it is impossible for a man to
+preserve his sense of self-respect. If he should not be amenable to the
+prison discipline he may be held up to ridicule by being compelled to
+wear a parti-coloured uniform. However can a man be expected to reform
+who is held up to the ridicule of felons? It matters not from which
+class of life he is drawn, what his age is, or the nature of his
+offence, he is thrown into the company of the worst criminals in the
+land. If he were a cultured man, or a man who had known no associates in
+his crime, or if his aesthetic taste was considerably developed it
+matters not; he must do the same work and mix in the same company as the
+most ignorant and most brutal. To utterly disregard these qualities is
+to ignore the wide-open channels along which the most powerful
+reformative influences may be transmitted. If his recovery is to be
+considered these are most substantial assets. They are, as it were, "the
+general health" of the patient suffering from a local lesion. Yet our
+prison system not only ignores them but patiently sets to work to
+destroy them, as if their possession were an additional offence on the
+part of the criminal. Prisoners who try to keep aloof from their
+associates may often be made to suffer very considerably for it. Others,
+craving for some association, soon fall in with men whom they would have
+regarded, a few days previously, as impossible companions. The almost
+entire absence of elevating influences makes it easy for the
+concentrated power of evil to become irresistible. The gloom of the
+prison rises, the fear of the law vanishes and the new born tendency to
+crime becomes a confirmed habit. A man needs either a very strong will
+indeed, or else to be supported by powerful social traditions to enable
+him to resist the evil influences of prison life. A few men do resist
+and maintain their sense of self-respect in spite of all indignities and
+bad influences. Some sink as under a torture; some sink and are enticed
+and absorbed into felony. These last will plan their future crimes while
+they are serving their first sentence. Henceforth the prison is their
+home.
+
+What purpose is thus served? Why should a man who has lost self-respect
+be continually reminded of it? If a man is diseased he is not placed
+amongst filthy conditions and the emblems of sickness and death crowded
+upon him. His removal from all unhealthy surroundings is the first
+essential necessary for his recovery, and the same should be observed
+with the criminal. He should be entirely removed from criminal
+surroundings and efforts made to eradicate the criminality which has
+expressed itself. Society has not the right to degrade a man, much less
+to school him in crime. If he prove absolutely incorrigible (a very
+difficult matter to ascertain) he should be banished from society for
+all time either by life-long imprisonment or by death. If not, the
+carrying out of his punishment must be performed with a very sacred
+sense of responsibility. All manner of means are taken to relieve and
+cure the physically sick; much greater surely should be the means
+employed to heal the morally and socially sick.
+
+Another matter wherein our prison system might be justly criticised is
+the scale of diet provided for the prisoners. No one asks that they
+should be given luxuries, but it might at least be recognised even in
+prison that one man's food is another man's poison, that one fattens
+where another starves, and that variety is essential to good health. A
+prisoner who was serving a very long sentence once said to the author,
+"fancy having the same dinner every day of your life." Let one fancy it,
+boiled beef every day except Sunday, when roast beef is provided. The
+same meal every day, the same clothes to wear every day and all day, and
+the same routine to go through. What wonder is it that in the confirmed
+criminal many faculties appear to have atrophied. They have obeyed a law
+of nature. The popular comment is no doubt--"what else do you expect?
+They deserve it all, they have brought it upon themselves." We expect
+that our criminals should at least be treated like the by-products of
+our mills and factories, i.e. made the most of. Bitter prejudices must
+give way to the dictates of reason and humanity.
+
+Practically the "combined system" produces no good results. It satisfies
+neither justice, humanity, nor economy. Neither is it efficient to
+afford protection to society. It satisfies prejudice and vengeance
+alone. The only system of imprisonment which is of any value and which
+the State ought to consider is one which converts the gaol in every
+essential into a "crime-hospital."
+
+Concerning life imprisonment much apprehension exists in the public
+mind. The prevailing idea is that this sentence implies incarceration
+for a period of twenty years. This is due perhaps to the fact that in
+England the sentences of "lifers" are reconsidered at the end of that
+period, and in the majority of cases a pardon is granted. The New
+Zealand prison regulations contain this section (116) "No rule for the
+remission of life sentences will be laid down. Such sentences are passed
+on persons guilty of the very gravest offences; and the Governor will
+only extend the royal prerogative of mercy to such persons in
+exceptional cases." Under certain conditions life imprisonment is the
+only way of dealing with criminals who refuse to reform. Those
+conditions do not exist in our New Zealand prisons, and a life sentence
+served within their walls is the most cruel form of punishment our laws
+allow. The prisoner enters the gaol with a long, dark, hopeless future
+before him. As the years roll by not one ray of light brightens his lot.
+He can never better himself. He suffers, he is meant to suffer, the loss
+of all he holds dear (and even a murderer holds some things dear). This
+absolute loss, this complete severance of all ties, produces a most
+agonising mental state and afflicts the poor wretch with untold horrors.
+He is made to drag out an existence under most unnatural conditions,
+conditions in which every effort he makes towards self-improvement is a
+useless one, every aspiration is routed, the natural affections crave in
+vain for an object to fasten upon, and where an artificial atavistic
+process is set in motion so powerful as to defy the resistance of all in
+time. This is no imaginary picture, a man is a man, and one of the
+cruellest tortures to submit him to is to deprive him absolutely of hope
+and make good his evil because it requires an effort which is useless,
+and evil his good because it is easier and costs the loss of nothing.
+Perhaps the majority of lifers are those whose sentences have been
+commuted from the death penalty. Such a sentence is in reality the death
+penalty carried out under slow process extending over many years.
+Gradually remorse and despair do their work upon the natural instincts,
+the mind and the body. The man becomes brutalised, insane and dies. An
+exception here and there may be pointed out; but given twenty men of
+same age and good health, and sentence ten to twenty years, and ten to
+life imprisonment, and the chances are that (under reasonable
+conditions) the ten with the defined sentence will survive it, whereas
+of the lifers the majority will be insane within twelve years. The
+following testimony will, however, be of greater weight:--
+
+The Directors of the State Prison in Wisconsin in their report for 1881
+add:--
+
+"The condition of most of our life prisoners is deplorable in the last
+degree. Not a few of them are hopelessly insane; but insanity, even,
+brings them no surcease of sorrow. However wild their delusions may be
+on other subjects, they never fail to appreciate the fact that they are
+prisoners. Others, not yet classed as insane, as year by year goes by,
+give only too conclusive evidence that reason is becoming unsettled. The
+terribleness of a life sentence must be seen to be appreciated; seen,
+too, not for a day or a week, but for a term of years. Quite a number of
+young men have been committed to this prison in recent years under
+sentence for life. Past experience leads us to expect that some of them
+will become insane in less than ten years; and all of them, who live, in
+less than twenty. Many of them will, doubtless, live much longer than
+twenty years, strong and vigorous in body perhaps, but complete wrecks
+in mind. May it, therefore, not be worthy of legislative consideration
+whether life sentences should not be abolished and long but definite
+terms substituted, and thus leave some faint glimmer of hope even for
+the greatest criminals?"
+
+Sir E. Du Cane stated in 1878 before the Royal Commission on Penal
+Servitude Acts:--
+
+"I myself do not think much of life sentences at all. I would rather
+have a long fixed term. I think all the effect on the public outside
+would be gained by a shorter period."
+
+Mr W. Tallack, late Secretary of the Howard Association, writes in his
+"Penelogical and Preventive principles":--
+
+"Of life imprisonment it may be conclusively pronounced very bad in even
+the best form of it. Years of enquiry and observation have increasingly
+forced this conviction upon the writer.... A fixed limit of twenty years
+would greatly aid the discipline of its subjects. And what is of more
+importance so far as the public are concerned, it would, in most cases,
+avail to practically incapacitate or effectually deter the persons who
+pass through it from any repetition of their crime. The mere natural
+operation of age, decay, and disease would tend towards this result; and
+not only so, but it would, in a considerable proportion of cases, render
+the limit of twenty years a virtual sentence in perpetuity by the
+intervention of death. But meanwhile the elements of hope and other
+desirable influences would be largely present, notwithstanding."
+
+To say the least of it our criminals have a claim for humane treatment,
+and no sentence should have a greater duration than twenty years. The
+term also should be fixed when the sentence is imposed.
+
+=Flogging.=--This is an extremely unpopular form of punishment, owing to
+its abuse in the old convict stations and in the army and navy. Yet
+there is a great deal to be said in its favour. In 1898 the Howard
+Association instituted an enquiry among the most competent authorities
+as to what were the best methods of dealing with juvenile offenders.
+Nearly 40 replies were sent in answer to their circular of enquiry, and
+with but one or two exceptions these replies advocated whipping as the
+most expedient method. The Chief Constable of Liverpool
+stated:--"Whipping has been found a most efficient and HUMANE
+punishment. During the last FIVE YEARS 489 boys were once
+whipped. Of these, only 135 have been again convicted. Of the 135, 44
+were whipped for the second time. Of the 44 only 10 were convicted a
+third time, and 2 only for a fourth time. No other punishment can show
+such a record...."
+
+Our Criminal Code describes a whipping as being a punishment of not more
+than 25 strokes with the cat-o'-nine-tails inflicted upon a person of
+not more than 16 years of age. A flogging is limited to not more than 50
+strokes and not less than 25 inflicted upon a person of over 16 years.
+Three floggings at intervals for one offence is the maximum amount of
+castigation allowed.
+
+A description of the "cat" may not be out of place. The handle is round
+and of uniform diameter of one inch. It is about 30 inches in length and
+is light as cork. The "tails" (nine in number) are made of cord similar
+to fishing cord, about an eighth of an inch in diameter and 33 inches in
+length. In each tail a strand is taken out, wound round and put back,
+thus making a bob. There are 27 of these bobs in all. A flogging with
+such an instrument would no doubt be very severe, but it need not draw
+blood nor leave marks for all time. A flogging properly administered
+should produce sharp stinging pain and leave no bad results whatever.
+Then it becomes a very useful punishment to use upon such men as those
+whose crimes are characterised by cruelty. Men who violate, torture, or
+frighten women, who are cruel to children or take advantage of the weak,
+imbecile or defenceless might well be punished with a flogging. In fact
+it is questionable whether any punishment is so effective. These men are
+cowards one and all; they do not dread the lazy life of the prison, but
+a flogging has great terrors for them, and its moral value is
+considerable. In bygone years men who were flogged were often worse than
+before. The flogging had demoralised them. These floggings were,
+however, shockingly cruel. Nothing is to be admitted but the sharp
+swishing and this, when properly carried out, is totally without any
+objectionable feature.
+
+There seems no necessity to combine a flogging and a long term of
+imprisonment under one sentence. The maximum punishment of three
+floggings might be given within a period of two months, and the culprit
+then in most cases discharged. As to the advisability of ordering more
+than one flogging a great deal might be said. Fifty lashes and the man
+discharged within a week would be sufficient for the majority of cases.
+For a very brutal crime or for a second offence of the same nature, a
+second flogging after a period of days might be thought necessary. The
+very greatest care, however, must be exercised in the administration of
+this punishment. The crimes of brutality rightly arouse the indignation
+of the public, but there is no need to show a brute that society can be
+a greater brute than what he is. Being a brute, leniency invariably
+fails, but unimpressionable to these methods as his moral and humane
+instincts are, his skin remains sensitive, and through it his instincts
+may be appealed to and quickened. Flogging makes him consider that the
+practice of brutality is in direct variance to his own personal
+interests and comfort. From this he may be led to moralise further.
+
+Gangs of boys who are becoming a nuisance to the neighbourhood they
+infest are quickly broken up if their ring-leader is treated to a dozen
+strokes that he will not feel inclined to boast about. The mercifulness
+of this punishment is seen in its power in thus effectively stopping the
+tendency to crime. Larrikins, unnatural husbands and fathers, brutes and
+torturers, cattle maimers and stack burners, all see their personal
+interests lying in a very different direction to that which leads to the
+"cat."
+
+=Capital Punishment.=--The authority to take the life of a fellow-man is
+based on God's word to Noah, "whoso sheddeth man's blood by man shall
+his blood be shed;" and upon the abstract idea of justice "a life for a
+life." These words in no sense contain a command to us of this century
+to execute all murderers without exception. For the present state of
+civilisation a new principle has been evolved which is, that when a man
+shows himself to be unchangeably hostile to society then his life may be
+forfeited. As the methods of dealing with criminals improve so the word
+LIBERTY is being substituted for the word LIFE. The sin on the
+man's soul may be left to God; all that men has to deal with is his
+anti-social attitude. If impossible to change this attitude then either
+death or life imprisonment must result. This very question of
+possibility is so uncertain that few modern criminologists care to
+adjudicate, and most regard the death sentence as anticipating too much.
+Life-imprisonment, under the highest moral influences, becomes life-long
+by and only by the continued resistance of the criminal. It is not the
+objectionable form of punishment previously described for it encourages
+the man to put forth his best effort to improve, and substantially
+rewards these efforts, even to granting him his liberty if he persevere
+with them. Punishment by death is becoming more and more unpopular. The
+dislike of juries to bring in a verdict of "guilty" in a murder case is
+sufficient testimony to this. In the crowds who sign petitions for the
+reprieve of the condemned, the hysterical element is too prominent to
+make any other estimate possible. But the reaction is steady, and it
+will not be long before capital punishment becomes a thing of the past.
+To abolish it before a suitable substitute were provided would be
+mistake.
+
+Gradually society is awakening to the fact that the condition of the
+criminal ought to be ameliorated, and that there can be no real
+amelioration which does not make definite efforts for the prisoner's
+reform. The aim should be to assist every man to recover by his own
+effort the place in society from which he has fallen. No man is
+incapable of improvement, and under a wise systematic discipline most
+men do improve. A remarkable witness is found in the experience of Dr
+Browning who was engaged as Surgeon-superintendent of convict ships
+between 1831 and 1848. Of one voyage from Norfolk Island to Tasmania he
+was in charge of 346 "old hands." These men had agreed to take terrible
+revenge upon some of their comrades who had been employed as constables
+over the others. Under Dr Browning's instruction and discipline their
+purpose was abandoned. He landed the men in Tasmania without having
+inflicted a single punishment upon the voyage. He remarks:--"The men
+were given to me in double irons; I debarked them without an iron
+clanking among them. I am told that this is the first and only instance
+of convicts removed from Norfolk Island having had their fetters struck
+off during the voyage, and being landed totally unfettered. They were
+almost uniformly double-cross-ironed and chained down to the deck,
+everybody being afraid of them. I was among them at all hours and the
+prison doors were never once shut during the day. To God be all the
+glory." Three Governors of Tasmania expressed their high opinion of Dr
+Browning's system and of its subsequent effects upon their behaviour.
+(Vide "Christianity amongst Prisoners." Howard Ass.:)
+
+In the famous Dartmoor prison and at Borstal in Kent experiments are
+being made to secure a greater number of reformations among the younger
+convicts. It is too early to estimate the value of the systems being
+tried, but they are being watched with much hope and expectation. In
+America there is a decided tendency to substitute State reformatories
+for prisons, especially in the case of the young. The Elmira Reformatory
+has been established for more than a quarter of a century, and its
+claims to have reformed 82 per cent. of the men committed to it has been
+upheld by the special enquiry instituted in 1890.
+
+If these different systems were more closely studied there would result
+a great awakening as to the possibilities of the criminal, and society
+would discover that its best interests were served by reforming its
+offenders and making them moral and industrious servants of the State,
+instead of by committing them to institutions where they were brought
+into contact with consecrated villainy and where the unwholesome
+influence is calculated to confirm them in criminal habits and make
+them a constant menace and expense to the community. That our criminal
+population is on the increase, and that the proportion of recidivists
+grows larger every year, is scarcely to be wondered at in the midst of
+such influences. Notwithstanding all that has been done to improve the
+state of prisons from what they were even fifty years ago, yet the motto
+"once a criminal always a criminal" is often too sadly true. The report
+of the English commissioners of prisons shows that amongst those who
+have been convicted during the year 1902, 51.9 per cent. of the men and
+70.6 per cent. of the women had been previously convicted. In the past
+these results were regarded as inevitable. Now they are regarded with
+much disquietude. Formerly they were supposed to point to a defect in
+the criminal, now they are understood to prove a defect in the penal
+system. The reason for this defect lies in having regarded certain
+objects as primary which are in reality only secondary. These objects
+have been defined to be the deterrence of crime by the example of
+punishing criminals; the repression of crime by the infliction of
+punishment, and the protection of society as a consequence. The
+deterrent value of the penal system has been greatly reduced by the
+small amount of dread which it excites in the criminally disposed. The
+representative value is of a minus quantity. Crime is assisted more than
+it is crippled. The protection of society is secured only during the
+period of incarceration. At the end of that period the criminal must be
+discharged and he goes forth often a more skilful criminal than before
+and with a vow to take vengeance upon society.
+
+Regarding these objects as secondary the reformation of the offender has
+been acknowledged as primary by criminologists, and they turned their
+attention to study the criminal pathologically, to enquire into the
+causes of crime and also to make trial of the best methods for securing
+reformation. "Punishment the principle and reformation the incident,"
+was the theory of the old school. The New school reverses the order to
+"Reformation the principle and punishment the incident." Obviously this
+course renounces the old principle of retaliation and vengeance and
+embraces that indicated by Christ in his precept "bear ye one another's
+burdens."
+
+=The Philosophy of Punishment.=--The threatening attitude of the
+criminal towards the peace and welfare of society makes it an obvious
+necessity that society should protect itself against him, otherwise he
+would soon master the situation and reduce social order to barbarism.
+
+What are the steps which it must take? It must first remember that its
+right to punish is not an inherent, but a delegated one. Though its
+powers are sovereign in the sense that there is no appeal from them, yet
+they must not be exercised in an arbitrary way. So far as there is a
+capacity for the realisation of responsibility to God so far must that
+responsibility be observed. Where this responsibility is disregarded,
+society immediately becomes the greater criminal itself even though its
+deeds may be done in the name of the majority of its members. As history
+is not without examples of this abuse of a sacred trust neither is it
+without instances of the Divine interference expressed in the
+destruction of a community which had offended after this manner. This
+responsibility must be acknowledged firstly--in the end to be attained;
+and, secondly or subsequently--in the means by which it is attained. We
+are generally informed that our penal systems exist for the purpose of
+repressing crime, and that punishment is thus inflicted upon the
+criminal in order that others may be deterred from following his
+example. Reformation is sometimes suggested. The public, however,
+concerns itself very little about its criminals and much less about the
+objects which its penal system is supposed to secure for it. The
+attitude of the general public towards the criminal is undoubtedly a
+vindictive one. His sentence is discussed from this point of view only,
+viz.:--will the suffering that he will have to undergo be sufficient to
+accord with the enormity of the crime he committed? The end which is
+understood is simply suffering, expiatory suffering; suffering which
+neither man nor society has any right whatever to inflict upon a human
+being. The old principle of an eye for an eye, while in accord with
+abstract justice, was often made the occasion for abuse, and the largely
+prevailing conception of justice amongst us to-day is precisely the
+abuse of that same principle. Society does well in returning upon its
+criminals the consequences of their acts, but the consequences should be
+a natural return and not an artificial one. The criminal should see that
+by his attack upon society he is excluded from all the benefits of its
+system. He has isolated himself and this isolation is of itself
+miserable, and will, if persisted in, become intolerable. Its final
+state is Hell, a state in which society is destroyed while the social
+instinct remains and craves in its unquenched agony. It is perfectly
+right to show the wrong-doer the ultimate end of his chosen course, but
+there is no warrant for the strenuous effort which is made to force him
+towards it. A criminal's punishment should be made purgatorial and not
+internal. The old penology regarded him as a hopeless individual and
+proceeded with its hellish tortures without undue delay. Beneath its
+system no reforms were possible, and the fact that none were ever made,
+was pointed to in order to justify its horrors. Society took no interest
+in them whatever while they were being pushed lower and lower down the
+social scale, but met them at the lowest steps, and, halter in hand,
+gravely professed the utmost concern in their future and eternal
+welfare.
+
+So far, society has failed to recognise the end of the punishment it is
+entitled to impose. In the words of Dimitri Drill, a Moscow publicist,
+the new penology expresses that it "renounces entirely the law of
+retaliation as end, principle, or basis of all judicial punishment. The
+basis and purpose of punishment is the necessity of protecting society
+against the evil consequences of crime either by the moral reclamation
+of the criminal or by his separation from society; punishment is not to
+satisfy vengeance." We must not jump to the hasty conclusion that herein
+is meant that the criminal must be treated very gently and coaxed back
+to more virtuous paths. What is meant is that his punishment should be
+made purgatorial and not infernal. The process of reclamation is
+accompanied by far sharper pains than those which are expiatory, but
+they are the pains of a healing surgery and not those of a soul
+destroying brutality. Where the means for reclamation fail then
+separation from society is advocated. Separation in the midst of
+influences which would always tend to awaken the desire to reform and
+which would give immediate assistance to that desire when awakened.
+
+Thus the recognition of this fact that the authority to punish offenders
+against its law has been, by God, delegated to the social institution,
+brings with it a recognition of the responsibility which accompanies
+such authority.
+
+In primitive times most offences were punished by the death penalty, not
+as a vindictive measure but because the offender was hopeless and
+society helpless. That is, the social state being of a very simple
+order, any infraction of its laws would declare the offender a most
+pronounced criminal, bitterly hostile to society and irreclaimable by
+such social machinery as then existed. The death penalty when inflicted
+must ever be so regarded. Not as a life for a life but as the punishment
+inflicted upon one who has by his own conduct given complete evidence
+that his recovery to the social state is impossible. In this century of
+civilisation it is incumbent to look upon the criminal as being in a
+measure a by-product of society and to deal with him accordingly.
+Outside of society crime is impossible, therefore society accounts for
+crime and is also in a measure responsible for it. To this measure
+exactly (although the measure itself can never be determined with
+exactitude) is the criminal by-product. In a large measure he is
+responsible (entire responsibility is conceivable), and it is this sense
+of responsibility which makes it possible to carry out his treatment.
+
+Large industries find that their by-products are an important asset and
+to disregard them would be ruinous. Mr Frazer in his book "America at
+Work" states that the expenses of the meat-packers of Chicago for 1901
+amounted to L150,244,848. The sales of meat realised L124,263,998, and
+yet a net profit of L6,767,638 resulted. What appears to be a paradox is
+explained by the fact that a sum of no less than L32,748,488 resulted
+from the sale of by-products. All the waste must be turned to dollars.
+
+Commercial advance has certainly out-stripped social advance, and
+apparently for the reason that whereas in commerce a pig's tail is
+regarded as an important asset, in our social system the criminal and
+the weakling are regarded as a heavy liability. When the point of view
+is changed society will advance more rapidly. So, too, society finds
+that it must utilise its by-products and to devise means which it can
+bring to bear upon the criminal, so as to bring him to a state of
+usefulness. The enormity of the crime and the degree of criminality are
+alike impossible to estimate, therefore it is also impossible to define
+a punishment which makes an attempt to recognise any of these qualities.
+
+It is, however, quite possible to determine within very fair limits the
+continuance of the criminal habits, also the value from a reformatory
+point of view, of various social influences, and further there exists
+the power to apply these influences. To sum up--society possesses within
+itself the power to reform its criminals (to utilise its by-products)
+and to determine when they have been reformed.
+
+Separation from society is rendered absolutely necessary by the
+criminal's own behaviour, if by his behaviour he shows that he is not
+capable of using freedom profitably. But if his separation is to serve
+any real purpose whatever it must be accompanied by an educational
+process which will work him back to that point where he left the social
+track and then so propel him forward that he may recover his lost
+ground, and when restored to society be enabled to identify himself with
+its progressive system.
+
+So far our penal system is a mistake. Whatever it may be theoretically,
+practically it is only vindictive. Its failure has caused some to
+despair and others to reflect.
+
+
+
+
+Chapter V.
+
+ELIMINATION--DR. CHAPPLE'S PROPOSAL.
+
+
+In the last chapter it was shown that capital punishment sought for its
+justification in the theory that certain criminals had assumed an
+attitude of permanent and aggressive hostility towards society. Their
+presence in society is regarded as a menace to human life, and no moral
+improvement is expected to result from their imprisonment. So hopeless
+is this class of criminal regarded as being that, so it is declared, no
+other policy save that of extermination can be considered.
+
+In primitive society criminals were less numerous than in our own time;
+but those that did then exist belonged, almost all of them, to the worst
+type. There being no public institutions for the administration of
+justice, practically one course only remained open, and that was, that
+the person wronged should seek to avenge himself as best he could, and
+the death of the wrong-doer was generally the satisfaction that he
+sought. As civilization has advanced, criminals have become more
+numerous; but they have taken to crime by more gradual steps. Society,
+too, has deprived the individual of the right of wreaking his own
+vengeance, and has erected institutions for the purpose of determining
+guilt and apportioning punishment. From the days of Noah, deeds of blood
+and other crimes of a serious nature, have been punished by death and
+from then, until this present day, the one idea underlying the
+administration of justice has been that society should get rid of its
+criminals as speedily as possible. Repression alone was thought to be
+efficacious, reformation was scarcely thought of.
+
+Of late years the criminal has been more carefully studied by his
+fellow-beings. Some have studied him as a monster and believed him to
+have the heart of a beast; others have studied him as a man and had
+faith in his possibilities. The former have noticed the failure of
+repressive methods, such as flogging and other penal severities, and
+have in despair been led to advocate that the only possible remedy is
+that of extermination. The latter have discovered that the failure of
+these repressive methods but imposes upon society the obligation of
+adopting a system of an entirely different order and with an entirely
+different object, viz: a system for the reformation of the criminal.
+
+The "exterminators" have studied the criminal objectively and have had
+regard to his crimes only; the reformers have studied him subjectively
+and have had regard to his possibilities. The policy of the
+"exterminators" must be condemned on this ground, viz: that they have
+made but a half study of their subject, and they do know, and they
+refuse to listen to, of what the criminal is capable. Neither do they
+estimate the capacity of the enormous social power that may be attached
+to the criminal's own, but feeble, effort so as to raise him up, even
+from the deepest depths of vice and villainy. The careful subjective
+study--the truly humane study--of the criminal, has shown that all
+theories which would declare any man to be incapable of improvement, are
+to be condemned absolutely. The possibilities of reform exist in every
+case, and the probabilities are never to be denied. None can gainsay
+this statement nor can it be termed extravagant, for with the imperfect
+machinery now in use results are being attained which justify every
+syllable of it. Yet in the face of these results, the "exterminators"
+still proclaim their policy. They bid us be deaf to the voice of
+prejudice and follow the true light of science, ever remembering that we
+are passing through a wonderful stage in social evolution! But the
+policy that they adopt belies that which is indicated in all this fine
+talk. They say that we must exterminate the criminal, and this is
+nothing less than an acknowledgement that, to their minds, the problem
+of the criminal is one of outer darkness and that we have no means of
+ever penetrating it. They would take us back to a period anterior to
+Adam.
+
+Prejudice, indeed, needs to be overcome, but it is the prejudice that
+prefers vengeance to mercy. And if we follow the true light of science
+it will lead us to discover that the criminal is best got rid of by
+converting him into a useful citizen, or to be more exact, society's
+best effort is to be directed towards separating the crime from the
+criminal.
+
+Recently a Wellington medical gentleman (Dr Chapple) published a work
+entitled "The Fertility of the Unfit." The problem which this gentleman
+attempts to grapple with in his book is the disproportionate rate of
+increase among the numbers of the unfit to the fit members of society.
+Under the classification of the unfit he places all those persons who,
+on account of mental, moral or physical defect, constitute a burden to
+society. These are, principally, the epileptic, the pauper, the insane
+and the criminal. These either will not, or cannot support themselves
+adequately and legitimately. For their treatment support and correction,
+hospitals, asylums, charitable aid boards, gaols and other institutions
+have had to be established, and the upkeep of these has become a great
+burden which necessarily has to be borne by the healthy, moral and
+industrious section of the community.
+
+Dr Chapple draws attention to the undeniable fact that there is a
+tendency on the part of those unfit to increase at a greater ratio than
+the fit. The rate of increase during the past twenty years has been so
+great and so disproportionate as to make the cost of their maintenance
+become an increasingly heavier one for the individual taxpayer to bear,
+and to cause for this and other reasons, a considerable amount of alarm
+in the minds of those who have the welfare of society at heart.
+
+The Doctor believes that the cause of this proportionate rate of
+increase is to be found in the methods adopted largely among certain
+classes for the prevention of child-birth.
+
+In the conclusion of his book he states that sexual inhibition on the
+part of the better classes accounts for their smaller rate of increase
+as compared with the rate of the inferior classes. We cannot accept this
+conclusion without more evidence. We want to know definitely whether the
+natural rate of increase among the better classes is really lower than
+that existing among the inferior classes. That is to say, are the ranks
+of the defective being swelled by the influence of heredity or by some
+extensive force recruiting from among the ranks of the fit? Another
+question is this: Since the use of preventives is available to both
+sections alike, the Doctor accounts for the supposed natural
+disproportion by assuming that the better classes restrain themselves.
+Is he right? Using the word "restrain" in its absolute sense we beg
+leave for most emphatic doubt. In an enquiry such as this is, the only
+factor of any real importance as accounting for a diminished birth-rate,
+is the use of preventives. If this method is confined to the better
+classes, we must refuse to call them any longer our "best stock," for,
+if they are not producing a defective offspring, they are, as the recent
+Australian Birth-Rate Commission has made abundantly plain, speedily
+making defectives of themselves, besides being guilty of lowering the
+social moral tone and hardening its sensibility. We are strongly of the
+opinion that the diminished birth-rate does not account for the increase
+in the number of criminals and defectives further than that the use of
+preventives discloses a species of criminality.
+
+Nevertheless, Dr Chapple proposes, not so much to restore the
+equilibrium as to get rid of the defective altogether. He assumes that
+defectives are born and not made, and then makes enquiry into the best
+possible means for the prevention of their birth. After passing several
+methods in review, he accepts an operation known as tubo-ligature as
+being the best from all points of view. This operation will render the
+female permanently sterile without having any deleterious effect upon
+her health. Absolutely no result follows, he assures us, but sterility.
+If the wives of all defectives were operated upon in this way, Dr
+Chapple assures us that the problem concerning the defective would
+speedily be solved and society would be the happier and wealthier in
+every way. The proposal might give something of a shock to the moral
+conscience but such a shock would only unfit us for our work. The
+criminal is upon us, he threatens us, and we must protect ourselves. The
+necessities of the case are so pressing and so urgent that we seek for
+the most effectual remedy and use it unhesitatingly when we have found
+it. Here it is, says Dr Chapple, and its morality is determined by the
+relief which it, and it alone, is able to bring.
+
+What are we to do? Why, sterilize the wife of the defective. As the
+criminal is most harmful of all defectives he is summoned to come
+forward first and to bring his wife with him, when behold, the man
+turns up alone. Where is his wife? Why, he hasn't got one. Has Dr
+Chapple considered this fact? Did he know, when he made the statement
+that it was a matter of common observation that the criminal was among
+those who had the largest families, did he know then that the criminal
+rarely married? It cannot be said that the criminal's wife is as rare as
+the Great Auk's egg, but Havelock Ellis states that "among men criminals
+the celibates are in a very large proportion." And Fere further supports
+the value of the statement for our present purpose by saying that
+"criminals and prostitutes have this common character, that they are
+unproductive. This is true also of vagabonds, and of the idle and
+vicious generally, to whatever class they belong."
+
+Two years' experience as a prison chaplain may not be of much value, but
+it certainly conveyed the impression that the majority of the criminals
+were young men who were unmarried.
+
+But Dr Chapple adduces evidence. He tells us of a family in which there
+were 834 persons the descendants of one woman. Of this family 76 were
+convicts, 7 were murderers, 142 were beggars, 64 lived on charity. Among
+their women 181 lived disreputable lives, and in 75 years this family
+cost their country L250,000 in alms, trials, imprisonments, etc. What
+family is this? If the following comparison is conclusive in its results
+then it must be the "Jukes" family.
+
+                                     Dr Chapple's
+                                         Case.       The "Jukes"
+
+  Number estimated                       834             834
+    "    definitely traced               709             709
+    "    of criminals                     76              76
+    "    convicted of murder               7               7
+    "    of beggars                      142             142
+    "    receiving alms house relief      64              64
+  Illegitimates                          106             106
+  Period reviewed                         75 years        75 yrs.
+  Cost to State                        L250,000        L250,000
+
+If it will be allowed that the agreement in these nine lines of
+statistics establishes the identity between the two cases, then the
+evidence may be examined.
+
+In the first place, the "Jukes" family is the most exceptional one known
+in the history of crime, and it must be treated as an exception and not
+as an example. In the second place, these 834 persons were not descended
+from one woman in 75 years but from FIVE women who were the legitimate
+and illegitimate daughters of an old Dutch back-woodsman who lived in a
+rocky part of the State of New York and who is known to criminologists
+as "Max Jukes." My authority for declaring that there were five female
+ancestresses during the period reviewed as against one, stated to be the
+case by Dr Chapple, is Mr R. L. Dugdale, who made a close personal
+investigation of the life and records of the family. He himself
+collected the statistics that are given above and which are identical
+with those given by Dr Chapple's authority, Prof. Pellman, and
+therefore one must conclude that Prof. Pellman has studied the case at
+second hand and, in this important detail, is in error.
+
+That 834 persons should have descended from five persons in 75 years
+covering five generations, exclusive of the 5 ancestresses, does not
+strike us as evidence of an exceedingly prosperous birth-rate. If there
+had been another thousand descendants it would not allow for an average
+of 3 children to grow up and marry in each family. We may then set aside
+the contention that the "Jukes" were enormously prolific.
+
+Still the "Jukes" were an enormous cost to their country, and surely we
+should prevent such a family ever appearing in our midst. The answer to
+this is that the "Jukes" have only appeared once, and, so far as our
+community is concerned, our social progress makes their reappearance
+absolutely impossible. The "Jukes" were a tribe of vagabond outlaws.
+They gained a livelihood by fishing, hunting, robbery, and intermittent
+work. They lived in a rocky, inaccessible region in the lake country of
+the State of New York. Their criminals were able, with a considerable
+measure of success, to defy the police, and travellers very rarely
+approached the vicinity of their habitat. Some drifted into the towns
+and villages. A proportion of these supported themselves by honest
+industry, and a proportion became a burden upon the rates; Such nests of
+criminals can exist only in partially civilized countries. The advance
+of civilization extinguishes them. Nowhere in New Zealand could such a
+tribe prey upon and defy society for a period of two weeks together. The
+criminals that we have to deal with are those which society produces not
+those which it extinguishes.
+
+But if the "Jukes" were at all reproductive what is the difference
+between them and other cases of criminals? Principally this, that the
+"Jukes" formed a little society of their own in which marriage and
+co-habitation was the rule. Of their women 52 per cent. were
+disreputable; but Dugdale refuses to call them prostitutes, but rather
+harlots, indicating that their marital relations were of the order of a
+progressive polyandry and by no means unproductive. Under these
+conditions, a fairly large natural increase is not to be wondered at.
+
+No such family has, nor could, exist in the midst of our civilization,
+but as the case is advanced, not to show a distinct species of
+criminality, but rather as an example of the rate of natural increase
+that may be expected of a criminal family, we will examine and compare
+the conditions of life existing among the "Jukes" and the criminal that
+we have to deal with and thus discover features among the latter which
+militate against a large birth-rate; but which are not present among the
+former.
+
+Our criminals, for the most part, commence their career of crime at an
+early age. The Rev. W. D. Morrison of Wandsworth Prison, England,
+declares that the most criminal age is reached between the years of
+twenty and thirty. This holds good, he says, for Europe, Australia, and
+the United States.
+
+It is a mistake to suppose that a man first commits crime and then
+plunges headlong into vice. Though true in some cases, it is exactly the
+reverse course which is followed in the majority of cases. After having
+passed with a measure of success through the milder domestic and
+scholastic spheres, the youthful criminal become a failure in the
+severer social or industrial sphere. Some criminologists go so far as to
+say that the majority of criminals have displayed distinct evidences of
+criminality at so early an age as sixteen years. Whatever may have been
+the cause for committing crime, the crime itself shows that the youth
+refuses to acknowledge the obligations which an organized society lays
+upon him. This refusal extends practically throughout the social order,
+and neither is it confined to this order, but extends also to the moral
+order and is shown in a total disregard for the matrimonial state. The
+youth gives way to natural appetites and associates himself with women
+of low repute. He is of wandering habits, works, when he does work, but
+intermittently, is restless, and totally disinclined towards matrimony.
+Socially, industrially and morally he is unstable. It is these
+conditions of his life which so contrast him with that species of
+criminality which the "Jukes" family presents. And it is these same
+conditions which support the statement of Fere and Ellis, that he is
+generally a celibate and non-productive. Concerning the progeny of the
+female criminal there is little to say except that the causes which
+chiefly account for the male criminal operate to produce the prostitute
+among women, and therefore criminal women are in a very small minority.
+Of these criminal women, Lombroso says that they are monsters who have
+triumphed over the natural instincts of piety and maternity as well as
+over their natural weakness. They are bad mothers, and children are a
+burden to them from which they will readily rid themselves.
+
+Notwithstanding Dr Chapple's evidence, it is conclusive that his
+statement that criminals have the largest families, is entirely opposed
+to fact, indeed the exact reverse is the case.
+
+So far as the criminal is concerned, one may well ask whether he has not
+set himself to the useless task of threshing straw.
+
+The question concerning the proportionate rate of natural increase among
+all classes of society is one which provides one of the fundamentals
+upon which Dr Chapple has based his proposal. Instead of enquiring into
+the actualities of this question he has assumed them, and from his
+assumption proceeded to his result. His assumption that the better
+classes use preventive means which the inferior classes do not use, is
+open to challenge; that there might exist among the inferior classes
+causes peculiar to these classes which militate against their increasing
+naturally, he has failed to notice. There do exist such, and so potent
+as to disprove entirely his statement that the problem is one for the
+solution of which we must search deep down in biological truth. The true
+solution will not be found in biological truth but in sociological
+truth, and there fairly near the surface.
+
+As Dr Chapple's evidence entirely fails, the conclusions of expert
+criminologists must be accepted, viz., that criminals are
+characteristically unproductive, and that, among male criminals, the
+celibates are in a large majority. As, from these reasons, the vast
+majority of criminals cannot be the descendants of a criminal ancestry,
+obviously tubo-ligature will not meet the case.
+
+So far indeed the criminal descendant from criminal stock has alone been
+considered, whereas a large number of criminals have come from a drunken
+or from a pauper ancestry. Statistics indicate that 33 per cent. of
+criminals come from an intemperate ancestry and 2 per cent. from a
+pauper one. But in both cases, environment has a great deal more to be
+held responsible for than has heredity. It is the conditions of the home
+life which make the drunkard's child a criminal, and the same applies
+with equal force to the pauper's child. So that, if drastic measures are
+to be taken with these classes, surely such measures will proceed
+gradually from the mean to the extreme, and severe measures will not be
+employed until milder ones have failed. Where the question is one of
+environment it is the man's character and habits which have to be dealt
+with and not his nature. Environment is always capable of modification,
+and, when improved, the result is invariably a beneficial one for those
+concerned. So that the least that may be said for the criminal
+descendants of drunken ancestors is that a better way exists and should,
+by all moral laws, be first adopted.
+
+Further difficulties, of a physical, rather than moral nature, also
+exist.
+
+And here again Dr Chapple has assumed another fundamental position. Is
+it too much to require of him that he should prove that, where criminals
+have sprung from a defective ancestry, this defect should be invariably
+transmitted? That, in short, a criminally defective ancestry is an
+invariable cause producing a criminal descent. (Note.--By criminally
+defective ancestry we mean the ancestry from which criminals spring. It
+may not itself be criminal. It may be drunken or pauper.) Such an
+important question cannot be assumed; positive proof is demanded, and
+this is nowhere forthcoming in Dr Chapple's book.
+
+If it were allowed that criminals were the most prolific of all classes
+of society, this question of heredity would still have to be cleared up
+before such a proposal as tubo-ligature were seriously discussed, for
+surely so drastic a remedy would never be employed except under the most
+positive conditions, that is to say, that this operation would never be
+employed until it had been ascertained, with scientific precision, that
+the birth of degenerates, and degenerates only, was being prevented.
+
+Dr Chapple failing to illuminate us upon this point we inquire, does a
+criminally defective ancestry invariably convey to its offspring a taint
+disposing it towards crime? Or can it ever be ascertained that a certain
+given ancestry will certainly produce criminals?
+
+In the treatment of the subject of heredity it has been made clear that
+on account of the vicious habits of the criminal he is apt to transmit
+to his offspring a physical defect which will make it difficult for him
+to adapt himself to the conditions of the society in which he is placed.
+This difficulty becomes almost, though not quite, insurmountable when
+the environment is one in which the practice of vice and dishonesty is
+easier than that of virtue and thrift.
+
+The transmission of a taint which is a cause of criminality cannot be
+denied, but the close investigation of the criminal and of his family
+has revealed the fact that among the comparatively few criminals who are
+parents they do not all transmit a taint or defect to their offspring,
+nor among those from whom a taint has been transmitted has it
+necessarily been transmitted to every child.
+
+The "Jukes" family being the most exceptional of all cases in which
+criminal heredity may be observed can be investigated for the purposes
+of discovering the extreme affirmative which the question proposed can
+give. The answer is an emphatic no. When the "Jukes" intermarried there
+was, strange as it may seem, almost an entire absence from crime in the
+family following upon such union. When they married into other
+families, crime frequently made its appearance. This, at least, shows
+that an hereditary taint is not invariably conveyed. It may be claimed
+that it proves that, under certain conditions, such taint is conveyed;
+but in cases of this nature we do not reach our particular and exclusive
+affirmatives anything like so rapidly as we reach our particular and
+exclusive negatives. The negative is often obvious, the affirmative
+generally remote. It may be that by cross marriages the element of
+virility, necessary to maintain criminality, is sustained: but if that
+were so it would be expected that pauperism would necessarily result
+from consanguineous marriages which is not so far the case as to
+indicate cause and effect. A more plausible suggestion is that in
+consanguineous marriages there is a tendency for the family ties to be
+reunited and the family ideal restored. Such, of course, effectively
+disposes of criminality. Of the three grandsons of Ada Jukes, who were
+themselves the sons of her one illegitimate son, their family report is
+as follows:--The first was licentious, a sheep-stealer, quarrelsome, and
+an habitual drunkard. He married a disreputable woman and had several
+children. Of his seven boys, five were criminals. The second grandson
+kept a tavern and a brothel and was a thief. He married a brothel
+keeper. Of his six sons, two were criminals. The third grandson was
+industrious but occasionally intemperate. He married a woman addicted to
+the opium habit. Of his four sons, none were criminals. These are
+fairly average cases, and they, at least, affirm very distinctly that
+the criminal does not always transmit a taint to his child which will
+dispose that child towards crime.
+
+Although in the cases cited above only some 40 per cent. of the children
+were criminals, it must, however, be observed that a great deal of
+criminality goes unpunished, so that we might fix the average at 75 per
+cent. and be more exact. Of the 75 per cent. we must find out whether
+their heredity or their environment was the cause of their being
+criminal. Dugdale's observations led him to conclude that heredity is a
+latent cause which requires environment for its development. These 75
+per cent., however, will be referred to again. There being 25 per cent.
+honest and industrious, brings us face to face with a question affecting
+the morality of Dr Chapple's proposal.
+
+Since then all the children of criminal ancestry are not themselves
+criminal or likely to become criminals through an hereditary taint, can
+a proposal be accepted which would not only prevent the birth of the
+hereditary criminal, but would also prevent the birth of several persons
+who would have become good and useful citizens.
+
+Thus far only the criminal descended from a criminal ancestry has been
+considered, whereas, as was stated previously, there are a considerable
+number of criminals termed "hereditary" criminals who are descended from
+a drunken ancestry. The proportion of these is about 33 per cent. of
+the whole. The impossibility of the success of Dr Chapple's remedy is
+very apparent from the insurmountable difficulties that would be
+experienced in determining with exactitude when a person was so
+degenerate in his own system as to make it positive that his prospective
+offspring would be born a criminal defective. Uncertainty, in this
+matter, reigns supreme.
+
+There must remain then but very little support for Dr Chapple's proposal
+when we discover firstly:--that the criminal is very rarely a parent,
+and secondly:--that in every case a taint is not transmitted from parent
+to child. Its sphere of effectiveness is restricted by the very
+circumstances of the case, and even within that restricted sphere its
+operation would be most clumsy for it would prevent the birth of all a
+criminal's children, good and bad alike. Thus it would become both a
+moral and economic failure.
+
+Dr Chapple has taken it for granted that a criminal's rate of increase
+is at least equal to the average if not indeed, for certain reasons,
+considerably greater, and that he in all cases transmits an hereditary
+taint to his offspring. Then he seeks for a remedy whereby the
+transmission of this taint may be avoided and he can find none other
+than one which prevents the very possibility of the prospective child
+being born. Before coming to such a drastic conclusion enquiry might
+have been made to discover whether there might not exist a remedy which
+would be a remedy in the truest sense. That is a remedy which would,
+while it would prevent the transmission of the taint, yet it would not
+interfere with reproduction. Such a remedy would be in fact a method for
+the reformation of the criminal, for if the criminal were reformed the
+problem would be solved. If he were transformed into an honest and
+industrious man then the transmission of the criminal taint is at once
+prevented. There are some, however, who maintain that the criminal is
+incorrigible and that reformatory agencies have invariably failed. They
+look upon all attempts on behalf of the criminal as a useless
+expenditure of energy and money. This question of the possibility or
+otherwise of the reform of the criminal must now be settled before we
+can proceed further.
+
+Is the criminal incorrigible? Some criminals do not ever reform because
+they cannot. These are insane. Some do not because they will not; but
+these may. The many who pass through our gaols and show no signs of
+reform does not prove that although they may reform they never will. If
+nine hundred and ninety-nine cases were observed of men resisting reform
+it would not prove the impossibility of reforming the thousandth. It
+would point to the difficulty, the remote probability or the need of
+different methods; but it would not determine the impossibility. When
+the term "incorrigible" is applied to certain criminals it does not mean
+that these men are incapable of reform; but they are RESISTING
+reform; and no one can tell when or whether the most obstinate of these
+will surrender his will to the dictates of conscience and commence a
+life of reform. The possibility is always an open question. No better
+testimony can be brought forward than that of Mr Z. R. Brockway, late
+Superintendent of the New York State Reformatory at Elmira. Mr Brockway
+is one of the pioneers in reformatory work and is considered the
+greatest living authority upon the subject. Some 10,000 felons have
+passed through their hands. Speaking at the Fourth International Prison
+Congress held in St. Petersburg in 1890 he said:--"There is a sense in
+which nothing that lives is incapable of betterment, and so strictly
+speaking there are no incorrigible criminals. If it is possible to grasp
+the thought and cherish it, we should endeavour to discover in the very
+worst characters some spark of humanity which unites us all in ties of
+relationship, some secret soul-chambers where superhuman influences may
+find lodgment, and so with good leaven pervade the whole man; at least
+we may find in our sphere a field for most fascinating scientific
+research and experiment.
+
+"I record it as my own conviction, after nearly a lifetime spent with
+and for criminals, that alike for all, corrigible and incorrigible, the
+aim to accomplish reformation is a true one. It most surely supplies all
+possible repression upon the criminal classes in society.... The aim of
+reformations is absolutely essential to any good degree of public
+protection from crimes.... Mr F. Ammetybock, Director of the
+Penitentiary of Vridsloselille, Denmark, added:--I would not dare charge
+as incorrigible one of the 3,000 criminals who have been confided to my
+care.... During my career as a prison officer, I have seen many
+criminals who offered, humanly speaking, characteristic signs of
+incorrigibility and who now and for a long time had led respectable
+lives.... I believe that other prison officers as well as
+philanthropists, can confirm the truth of my experience, and I hope that
+many will protest against the theory of incorrigibility and place in the
+balance their experience against purely abstract ideas."
+
+On the other hand, it must be admitted that several criminologists
+emphatically declare that the "instinctive" criminal (or "born" criminal
+to use Lombroso's term) is incorrigible. Garofalo takes such a hopeless
+view of the matter as to demand his elimination by death, but none of
+these men, eminent criminologists as they may be, have studied
+reformatory science experimentally. Mr Brockway's testimony should be
+taken as final seeing that of the 12,000 felons who have passed through
+the Elmira Reformatory, 82 per cent. have reformed, i.e., have not
+returned to criminal practices. The statistics for the year 1903 are as
+follows:--
+
+  Total number of those paroled                445
+  Served well and earned absolute release      143
+  Correspondence and good conduct and
+      maintained (parole not expired)          238
+  Died, doing well until time of death           1
+  Released by Special Executive
+     Clemency, doing well                        1
+  Returned to Europe by permission               1
+                                              ----
+                                               384 or 86 per cent
+
+  Returned to Reformatory for violation
+      of parole                                 15 or 33    "
+  _Probably returned to crime._
+  Those who ceased correspondence
+      while on parole and were lost sight of    37
+  Known to have returned to crime                9
+                                                --
+                                                46 or 10    "
+
+It will be seen that while the Reformatory claims only 86 per cent. of
+reforms, there were only 9 persons (or 2 per cent. of the whole) who
+were KNOWN to have certainly returned to crime.
+
+This exhibit is conclusive. Reformatory Science, which is yet but in its
+infancy, can already deal successfully with by far the greatest
+proportion of criminals, and this success at this stage guarantees a
+much larger measure in the future. It is clear then upon the statements
+of the highest authorities that the criminal is not incorrigible, and
+that the prison (penal) system compares so unfavourably with the
+reformatory system that it ought to be abolished in favour of it. The
+system in vogue at the Elmira Reformatory will be described in a later
+chapter, and there it will be shown that the methods employed are upon a
+most scientific basis and that the results obtained cannot fail to
+satisfy the most exacting. It will be seen that by a "reformed" man is
+meant a man who can and will adapt himself to the conditions of society;
+a man sound in mind, healthy in body, industrious and honest in habit.
+Concerning this man's progeny, what have we to fear? It is in this way
+that we may dispose of the proportion of 75 per cent. of criminal
+children descended from criminal ancestry. It should here be again
+observed that the majority of criminals commence their career in crime
+at a very early age, and that therefore the reform of almost all
+criminals may be undertaken before they are likely to become parents.
+Again, true reformatory science forbids the release of any criminal from
+custody who has not given satisfactory evidence of reform.
+
+Thus reformatory science effectually guarantees society against the evil
+that Dr Chapple has proposed to eradicate, and it does it by a method
+compared with which tubo-ligature is most crude.
+
+The criminal is either set free as a reformed man or is to be kept in
+captivity because his resistance to reformatory discipline has shown him
+to be unfit to rightly use his liberty.
+
+Not only are the chances of his becoming the parent of criminally
+disposed children effectually removed but he is himself transformed from
+having a negative to having a positive social value.
+
+Dr Chapple's study convinces him that the cause of the startling
+increase of crime, insanity, and pauperism is to be found "deep down in
+biological truth. Society is breeding from defective stock." Dr Waddell,
+who writes the preface of the "Fertility of the Unfit," is so alarmed as
+to declare that "our civilization is in imminent peril of being swamped
+by the increasingly disproportionate progeny of the criminal." The most
+superficial observation of the life of the criminal would have shown
+both these writers that criminal habits militated substantially against
+the probability of a natural increase.
+
+To repeat what Fere and Havelock Ellis both emphatically declare that
+the criminal and the pauper do not reproduce their kind is but to show
+that the cause of the natural increase of the criminal is NOT
+to be found in biological truth, neither is our society in any danger of
+being swamped by an increasingly disproportionate progeny of the
+criminal. In short, society has no enemy in Nature.
+
+The true cause for the increase of the numbers of the criminal is to be
+found in sociological and not in biological truth. As Lacassagne says:
+"Society has the criminals that it deserves."
+
+Dr MacDonald, W.S. Expert in Criminology, writes to the author, "As to
+tubo-ligature, or the like, it would not be supported by scientists."
+
+If, however, there were absolutely no scientific objection to the
+proposal that the Doctor advances, if, that is, the basal facts were
+exactly he assumes them to be, would then his remedy be secure from
+attack? Most emphatically not. For is it not possible, nay with the
+present shrinking from maternity so widespread, is it not highly
+probable that the measure would be greatly abused? Thousands as the
+Doctor himself says would avail themselves of it to-morrow, and for the
+simple reason that they wish to escape from the responsibilities of
+bringing up children. Thousands would no doubt repudiate their debts
+to-morrow if they might do so with impunity, but their wish in the
+matter scarcely establishes the course as being a desirable one or one
+calculated to promote the happiness of society.
+
+From the revelations of the Birth-rate Commission and from other
+enquiries it is most evident that tubo-ligature would be very largely
+abused indeed.
+
+But it may be said that it were far better that the woman shrinking
+maternity should employ this method than that she should use the
+preventive drugs that she does. This is but to acknowledge the morality,
+or at least the necessity for the use of preventives and does nothing
+less than to charge the Deity with having made laws for the governing of
+the Natural Order which have got altogether out of hand and have
+involved His creatures in confusion.
+
+Is it not a question whether marriage becomes a necessity when children
+are to be avoided? The evil to which Dr Chapple's remedy would run, is
+one in which the moral sentiment of society would be so hardened that
+the reason for marriage would disappear from the knowledge of man.
+
+There is a great difference between this operation taking place from
+pathological reasons and its being performed simply as a deliverance
+from maternal responsibilities. In the latter case it is performed at
+the will of the woman who thus shows that she has conquered the maternal
+instinct, and as such she is a monster for she has contradicted her
+nature. Lombroso declares that these are the women that commit the most
+hideous crimes and that they are incorrigible.
+
+The Birth-rate Commissioners stated that the use of preventives was
+having a most injurious effect upon the health of the women who used
+them.
+
+Clearly then Morality and Nature are both opposed to their use.
+
+If men and women are becoming so selfish as to be determined to live
+contrary to their nature then Nature will deal with them according to
+Her terrible manner. If they are in an extremity and find that our
+social system makes it impossible for them to undertake the
+responsibilities of parentage, then the reorganization of our social
+system is a matter for urgent consideration.
+
+But Dr Chapple would only intensify the evil instead of remedying it.
+
+What he practically says is this:--Regard yourselves for the moment as
+being brute beasts and discuss the question upon that level. Murder the
+social instinct; murder the compassionate spirit; disregard the Divine
+Law and stifle all faith in the Providence of God; let the mission of
+life be the enjoyment of pleasure; shrink from the marriage that might
+be a burden, and dissolve the happy marriage should indications of
+future burdens present themselves. He would have us compelled to take
+our betrothed to a medical board and shamelessly confess ourselves.
+Confess ourselves under circumstances which would know no secrecy. He
+would have us regard our wives from the standpoint of selfishness and
+lust alone. But we are not brutes we are human, and we have instincts
+which the brutes have not.
+
+NOTE.--Dr. Chapple includes among the defectives not only the
+criminal but also the lunatic, the epileptic and the pauper. How far
+tubo-ligature would meet the cases of these defectives seems very
+uncertain. The information which the Doctor gives us, for the most part,
+is in direct opposition to him. On pages 74-76 he gives the history of
+eight families which it will repay to examine.
+
+Cases I.--Cancer, consumption and epilepsy in the family. In the third
+generation there are seven persons, of whom five married. The only
+healthy member left five children, three were childless and one who died
+at 56 left five children. That is to say, twelve children represent the
+fourth generation.
+
+Case II.--Insanity, idiocy and epilepsy. Of five persons the one sane
+member only has a family. Nine children, some (how many?) imbecile.
+
+Case III.--Drunkenness, insanity. Seven children, two died of
+convulsions. One an idiot, one a dement (suicidal), one repeatedly
+insane. These three are scarcely likely to be chosen in marriage. One
+peculiar and irritable, one nervous and depressed.
+
+Case IV.--In third generation there are two epileptics and one
+imbecile--scarcely likely to marry. Seven others are dead. (S. P.)
+
+Case V.--From an insane parent we have three children, one excitable,
+one dull and one imbecile.
+
+Case VI.--A family of mutes and scarcely relevant.
+
+Case VII.--Drunkenness, epilepsy, etc. In the third generation "family
+now extinct." No indications of tubo-ligature having been performed.
+
+Case VIII.--Apparently the issue in the second generation is from two
+parentages. There are fifteen persons accounted for. Seven died in
+infancy of convulsions. Epilepsy, scrofula, and idiocy can claim one
+each. One was drowned, and four are healthy. That is, of seven surviving
+children, four are healthy.
+
+In all from fifteen parents there is the alarming increase of fifty-six
+persons. Of these eleven are healthy, fourteen are not described,
+fourteen are defective and seventeen are dead. The total number of
+living descendants, representing no less than the third generation of
+seven families, is but thirty-nine. These figures can scarcely be quoted
+to prove the "fertility of the unfit," but that is the title that stands
+over them. As to the hereditary tendencies that they propagate, more
+information is required.
+
+It is a well known fact that in cases of hereditary defect there is a
+tendency for the defect to appear at either an earlier or later stage
+in life in each successive generation (Mercier). In the first case the
+family dies out, in the second case it recovers itself. In cases of
+congenital defect, there is very little to fear. The lunatic is locked
+up and the epileptic is avoided.
+
+Nature deals most successfully with these cases. She saves where
+possible and destroys when recovery is hopeless. Very slowly perhaps,
+but very exactly--never making a mistake, and in her slowness she is but
+giving man an opportunity to contribute something towards the recovery
+she aims at.
+
+=The Case of the Epileptic.=--The number of epileptics in whom the
+disease may be traced to hereditary causes is estimated to be about 33
+per cent. of the whole. This is indeed a very large percentage. It does
+not, however, follow that in all the cases or in by any means a large
+proportion of them, the parents were also epileptics. Authorities are
+not agreed as to the influence of heredity as a predisposing cause; but
+it is recognised by all that the children of insane, neurotic,
+hysterical or neuralgic parents are liable to become epileptics. Also
+that alcoholism in the parents conveys a predisposition to the child.
+The hereditary cases are therefore to be divided amongst all these
+causes. In what proportion it would be difficult to estimate; but very
+few persons in whom epilepsy has developed marry, and as 75 per cent. of
+the cases are said to begin under the age of 20 years, and very few
+after 25 years (cases of hereditary epilepsy have been known to develop
+at so late an age as 65 and 70 years) it limits the number of
+epileptics who marry to a very narrow margin. For even these few,
+marriage should, however, be entirely out of the question. In cases,
+where from syphilis or shock epilepsy is developed in the married adult
+we should expect to find treatment imposing a restriction upon the
+freedom of the patient somewhat similar to that provided for lunatics.
+In almost every rank of society the developed epileptic would be
+excluded from marriage by the law of sexual selection, and as the great
+majority develop epilepsy before coming to a marriageable age, few
+epileptic children can claim a developed epileptic ancestry.
+
+The number of cases, where epilepsy results from an epileptic ancestry,
+is estimated by Sir Wm. Gowers at 22 per cent. of the whole. These cases
+are to be distributed between the developed form and the petit mal. As
+the petit mal often escapes observation Dr Chapple's method would only
+apply to those cases of the marriage of persons who were afflicted with
+the major form of epilepsy, which means that perhaps not more than 10
+per cent. of the number of epileptics could be prevented from coming to
+birth. If a ten per centum reduction is to be considered as solving the
+problem in the case of epileptics what will the 86 per cent. of reforms
+among criminals be valued at?
+
+=The Case of the Pauper.=--Paupers may be divided into two classes,
+those whose poverty is due to misfortunes and those whose poverty is due
+to vicious idleness. Those whose poverty is due to drink or crime are
+not properly to be classified as paupers. Society regards them as
+primarily drunkards and criminals. Of these two classes the first are
+generally to be found making a courageous fight against adverse
+circumstances and feel their position keenly. They are deserving of the
+compassion of society. Their families, it is true, are a burden upon
+private and institutional charity, but only a temporary one and after a
+while become the very means of recovering the broken fortunes of their
+parents. Very large sums are spent in relieving the necessities (often
+in providing the luxuries) of the undeserving poor, but this fact should
+not be made the basis of a charge against the deserving but helpless
+poor. My own acquaintance with the poorest parts of one of our largest
+cities leads me to believe that very little charity ever reaches the
+truly deserving poor. They battle on and keep their sad condition as far
+from public observation as possible. The undeserving are very clamorous.
+These two incidents are by no means uncommon, they are fairly typical.
+(a) I was called one night to baptise a dying child. The mother stated
+that she was too poor to buy a few necessaries ordered by the doctor. I
+purchased these myself and brought them to the mother. The next morning
+she sent to say the child was dead and would I lend her money to wire to
+the father. As he was in work I thought a collect telegram was more
+suitable. In the evening a request came for monetary assistance to
+provide the child with a coffin and to purchase a plot in the cemetery.
+A clergyman who does that sort of thing might as well keep a private
+cemetery, undertaker and monumental mason of his own. I refused to do it
+and came in for a good deal of abuse. The mother appeared at the funeral
+in a new black silk dress!
+
+(b) A crippled woman who earned her living by ironing. She made on an
+average 10s per week. I suggested to her the advisability of applying
+for an old age pension and proceeded to fill in her papers. When she
+discovered that she was two months under the age of 65 she was horrified
+at what she thought an attempt on her part to swindle the Government.
+
+These cases speak for themselves. People seem afraid to refuse to give
+alms for fear of being called uncharitable, yet they have not the
+charity to investigate the cases brought before their notice and see
+that their relief is intelligently bestowed upon worthy persons. Some
+religious societies are cruel sinners in this respect. The consequence
+is that a premium is put upon professional begging and we have plenty of
+it. Society will never murmur against the burden of the deserving poor.
+Concerning the life of the poor, however, Korosi gives these
+statistics:--The average age of the rich is 35 years, of the well-to-do
+20.6 years, of the poor only 13.2 years. These statistics are supposed
+to hold good for all large towns. The average life of the pauper (that
+is the vicious pauper) will be shorter still seeing that in his idle,
+vicious life the parent refuses to acknowledge his responsibilities
+towards his children and makes no effort to save them from perishing
+through want and proper healthful conditions. The numbers of the pauper
+may increase, but it is seen then that they do not live to any great
+length of life. The pauper has, however, a certain rate of increase and
+his children are brought up in pauper habits. To the criminal population
+they add about 2 per cent. of the whole. They constitute a burden, not
+very great, but one which society resents. To adopt tubo-ligature might
+relieve both society and the pauper, but its moral effect would be that
+the pauper would regard his vice as acknowledged and approved by
+society. To say that there are no other remedies, remedies which would
+compel the pauper to earn his living, is an appalling confession of
+failure on the part of society.
+
+
+
+
+Chapter VI.
+
+THE OBLIGATIONS OF SOCIETY TOWARDS THE WEAK.
+
+
+The last century is admittedly one in which was witnessed the greatest
+advances in civilization that the world has ever made. All classes in
+society may be said to have benefited. The rich have been given greater
+opportunities for the enjoyment of their riches and an enlarged sphere
+of usefulness opened to them. The poor have had their lot so greatly
+ameliorated, that given health, very few men in these colonies at all
+events, are poor except it be their own fault. The art of healing can
+now restore to health millions who, had they lived in an earlier
+century, would have suffered agonies. A universal education has opened
+the doors of colleges and universities and made it possible for those
+born in the humblest conditions of life, to attain to the most
+distinguished positions in the land. The private has become the general;
+the office boy the judge; the peasant boy the President; the
+full-blooded aboriginal has graduated through our universities and been
+called to the Bar; and no man can urge class distinction as being the
+cause of his failure in any ambition that he has faithfully pursued. All
+classes have benefited; almost all classes have advanced.
+
+Undeniably this advance has brought greater happiness into the world;
+whether it will continue will entirely depend upon what basis it is
+intended to secure this advance.
+
+With an increase of wealth and leisure there is the danger of
+demoralisation. Our society may substitute a false aim for its true one.
+Already there are an illimitable number of social reformers who are
+prepared to describe in very definite terms what is the state of
+perfected society and what laws are necessary for immediate enactment in
+order that we might rapidly reach that state. We all acknowledge the
+existence of the prophetic vision, but we limit its range and regard him
+most audacious who declares that he can describe the heaven in which
+society shall finally shelter itself securely from all that prey upon
+her. Advance as quickly as we may, there is a limit to our speed, and
+the future being all unknown we scarcely like to take it at a plunge.
+Nevertheless, these social reformers do a good work--their schemes are
+at least suggestive, and moreover they point out signs of the times.
+They show us unmistakably that with our advance there is a tendency to
+become more and more selfish and to regard with less true charity the
+condition of the weak. One social reformer will say that there will not
+be any suffering because therapeutics will have overtaken every disease
+that the flesh is heir to, or better still, that some new discovery will
+have made it possible to heal all sicknesses without the tedious work of
+surgeons and nurses. Healing will become a pastime like table-turning.
+Neither will there be any criminals because the whole social state will
+be so happy, contented, and knit together that inducement to crime will
+cease. Others will treat the criminal "scientifically," ensuring reforms
+at the rate of 100 per cent. with lightning-like rapidity. Which all
+practically amounts to this, that the problem concerning the future of
+the weak is shelved. To study it deeply would spoil our best theories
+and therefore it must be got rid of. Dr Chapple has done nothing more
+than shelve it, for as we have seen his remedy is both practically and
+morally impossible. Like all others it betrays the selfish spirit. Like
+them it regards the weak as if they were nothing less than an
+intolerable incubus on society, a grit in its bearings. It may be that
+our social advancement will account for this. In old time when
+communities were small and fixed, the burden of nursing the helpless
+necessarily fell upon those who were immediately related by ties of
+blood or neighbourhood, but now the many changes in the method of living
+and treatment, has made this to a large extent impossible. Institutions
+have everywhere sprung up, and it is invariably to the advantage of our
+sick and afflicted that we should commit them to these institutions,
+which practice has engendered the belief that all our social obligations
+can be discharged by monetary payment. Not for one moment need we
+entertain the idea that this belief will ever become a dominating one.
+Charitable influences are more powerful. Nor must we charge the authors
+of selfish systems with being as uncharitable as their systems. They
+give expression to a fairly strong and somewhat universal sentiment, a
+sentiment which we would perhaps disown at once upon its being unmasked
+and which many refuse to obey upon its appeal to them to act in
+accordance with its principles. This indicates that society sees many of
+its assailants in but a half-light. It observes neither their malice nor
+strength but only a dark ugly form which irritates us and which we would
+if we could banish by an act of will.
+
+This being impossible we must meet our assailants in a clearer light and
+destroy them. How can this be done, since it would mean the destruction
+of evil and the powers of evil? Then it cannot be done, but since evil
+feeds itself upon its victims we can greatly diminish its power and
+influence by rescuing all who fall within its grasp. Many we know we
+cannot rescue for there are certain types of disease mental and bodily
+which defy our skill and some of all types of moral disease also defy
+our effort. Still it would be better to say that we do not rescue them,
+than that we cannot, for what was incurable yesterday is curable to-day,
+and the most deadly diseases are giving clear evidence that their powers
+to baffle science are fast giving out. That they will give out,
+scientific men confidently hope. Neither is this hope groundless for
+past success warrant it and there again point to another assurance,
+almost a guarantee. The miracles of healing which Our Lord wrought were
+not only to confer relief upon the suffering, not only to give evidence
+of His Divinity, but also to promise the triumph which would reward the
+efforts of man seeking to assist his afflicted brother. We will never
+heal by a word, neither will we raise the dead, for in these works of
+might we have peculiar evidence of the Divine Providence; but Christ's
+miracles seem to promise that He, the Light of the World, will yet grant
+the fullness of that illumination by which the works of healing are
+done.
+
+The sick, it is true, receive greater compassion from their fellowmen
+than the abnormal, the insane and the criminal. But these latter also
+demand our consideration if for no other reason than that they menace
+society. To exterminate them is impossible. A persecution with that end
+would defeat itself, and the persecutors would become morally infinitely
+worse than the persecuted.
+
+Secondly: their consideration is demanded from the fact that society has
+produced the evil plight of very many of them. In the great advance,
+they have fallen and been trampled on. Their right to fall may be
+denied, but whose right was it to trample on them? To declare it to have
+been inevitable that they should be trampled on, simply excuses guilt
+but not obligation. And the obligation is to make reparation as far as
+possible.
+
+Thirdly: because what should be a valuable asset to society,
+contributing substantially to her strength, becomes a hostile power
+weakening her and hindering her progress. Any of these three
+considerations received separately is sufficient to convince us of our
+obligations to this uglier section of the weak, when combined their
+force is very great. But when we speak to them of peace do they not make
+them ready to battle? No, their case is not so hopeless as that. David
+lived under the Mosaic Dispensation, and Moses could give but the law
+whereas Christ has given His Life. Our method will determine everything.
+Good advice, good books, good laws will do but little; good work will
+accomplish all. "The greatest good of the greatest number" is a false
+ideal and absolutely unworthy either of our charity or our science. "The
+ultimate good of all" is the end society is destined to accomplish, and
+anything less is too little for her, anything more is impossible even to
+conceive.
+
+In working towards this ideal, which we cannot describe with greater
+definiteness, we are bound to recognise that GOODNESS is our
+safe and only guide. The general direction of our advance in the past we
+can easily trace, but the purpose of the devious paths through which we
+were led is too difficult to understand. Our present puzzles us, our
+future sometimes appals us. Some rush ahead to see what lies before us
+and come back injured and pass away as pessimists, others hesitate to
+advance at all. We cannot outstrip our guiding pillar of light; but
+following it we are safe to advance. And in following, one of the first
+convictions that comes home to us is that we must allow no waste,
+neither in the lives of others nor in the energies of ourselves. With
+this conviction soon comes the startling fact that the energies we are
+allowing to waste are identically those which were given to us to save
+the lives of others which are wasting. A wonderful independence exists
+among us. The social system is bound together by ties of nature, and not
+merely by those of commerce or benefit. Man is social, not merely
+gregarious. He enters into the life of his fellow-man and establishes
+relations which we are bound to call spiritual. Through the media of
+these relations, influences traverse which are of the most profound we
+know. These relations when established compel us to acknowledge our
+duties to one another and give us a delight in discharging them. This
+delight in turn becomes the power, which opens the eyes to the
+realization of the great principle of self-sacrifice. Egoism and
+altruism are not to be mutually exclusive. To seek our own happiness is
+not to be indifferent to the happiness of society. For what is
+happiness? not pleasure, but self-realization, and we cannot realise
+self without realising society.
+
+This interdependence which exists between man and man, and which makes
+it possible for us to influence one another so powerfully for good or
+for evil, points out to us that the true aim of every man, namely, to
+unite his work with that of his fellow-man in a grand co-operative
+undertaking for the advancement and betterment of society regarded as a
+whole and with regard for its units. We cannot realise self if engaged
+in competition man against man in order to satisfy private ambition. Our
+object should be to unite and our hostility be provoked, not against one
+another, weak or strong, but against the powers which attack us
+individually and collectively.
+
+Necessity then lays the obligation upon us to give our first attention
+to the rescue of the weak. It was the recognition of this obligation
+which sent the Christian-Maidens into the suburbs of Rome seeking the
+exposed offspring of unnatural parents. To say that they would have been
+better dead, is to speak with that facility which requires neither
+mental nor moral perception.
+
+It is the recognition, in part, of this obligation which accounts for
+hospitals, asylums and other charitable institutions. Hence also we
+endeavour to shelter those born deficient in mental or moral power. Dr
+Chapple seems to think that the result of all this is that we have made
+a pretty mess of society. He says, of these weaklings, that Nature has
+decreed that they should die. A most unscientific statement. Are these
+charitable efforts to be regarded as profane interference with the
+sacred decrees of Nature? Nature's decrees are inviolate and none can
+disturb them. Because these weak, if left unaided, would perish, is that
+to say that Nature has decreed that they should die? If so, we must say
+of a man, stricken with typhoid fever, that Nature has decreed that he
+should die, and that any effort to save him would be but a profane
+interference on our part with Nature.
+
+  What does Nature say of these that
+            they do not live,
+            they cannot live, or
+            they must not live?
+
+History has shown that in the past they do not live.
+
+But in order to discover the decree of Nature we must make a full and
+exhaustive enquiry into the possibilities which exist under the laws of
+Nature. So far as this enquiry has advanced it has been made quite clear
+that the charitable effort of man will recover many that would otherwise
+perish. The whole science of therapeutics is based upon this discovery.
+
+Dr Chapple says of defectives that they do live but that they must not.
+Two arguments he brings forward. The first is that Nature has decreed
+that they should not. This must be a secret communication, for it is not
+universal knowledge, and the operation of Nature's laws certainly
+appears to contradict it. The second argument is that they are a burden.
+The burden analysed amounts to this:--
+
+  (a). They are a misery to themselves.
+  (b). They are too costly.
+  (c). They hinder the progress of society.
+  (d). They threaten to overwhelm society.
+
+(a). Who can tell whether the weak are absolutely a misery to
+themselves. Pain is a mystery which cannot be solved, although to the
+suffering its benefits are well known. If they would be better out of
+the way might they not be left to decide that matter for themselves?
+They, knowing best, cry to us for help. If we were merely gregarious
+creatures like wolves or sharks we would tear or destroy them in their
+misery; but as social beings we are bound to answer their cry. To cry
+for help is instinctive with them, and to respond to the cry is
+instinctive with us. Surely this is the voice of Nature and this is the
+decree of Nature.
+
+(b). If this argument be admitted then we are bound to declare that the
+one aim of both society and individual is to amass wealth. The idea is
+too sordid for further consideration.
+
+(c). So far from hindering the social progress they most powerfully
+assist it. The mere bearing of one another's burdens has the most
+refining and deepening influence upon character. It is most active in
+creating and establishing our relations one with another. Compassion for
+the suffering creates a tie between them and us. The intention to help
+requires our co-operation with others, and so the bond extends uniting
+first individuals then groups and then the whole of society. Nor must we
+forget the immense advance in surgery and medicine which is due entirely
+to the consideration of the lot of the apparently hopeless. Had these
+even been allowed to perish we should still have needed our surgeons and
+physicians in a well equipped society, if only to teach us how to
+prevent seizure by dangerous complaints.
+
+A short time ago many died from ailments which surgery can to-day cure
+with but very little suffering on the part of the patient. Is not this a
+substantial gain which the bearing of the burden of the weak has brought
+to man? To mention other triumphs is but to enlarge. If therefore Nature
+has spoken there can be no doubt that it was to give a promise that she
+would reward diligent research by revealing the cure of all the ills our
+flesh inherits. Thus assured, scientific men are most zealously studying
+the most deadly and most obstinate diseases. Against plague, smallpox,
+and consumption they can at least give us an effective protection, and
+almost hourly we expect to hear the shout of triumph accompanying the
+announcement that the victory over cancer has been gained. When stricken
+with these diseases we immediately fall into the ranks of the unfit; but
+we will thank society for having borne its burden when the healing art
+is brought to such an excellence that, when so stricken, we may soon be
+restored to the ranks of the fit. The benefit which the past confers
+upon us declares imperatively our obligation to the future.
+
+(d). Do they threaten to overwhelm? The power of disease is being
+overcome, and therefore the number of the diseased is being lessened. By
+being cured, instead of dying, these increase the proportion of the
+strong to the weak. The obstinacy of certain hereditary diseases but
+asserts the necessity of prosecuting study more enthusiastically.
+
+But if the strong limit their increase they cannot demand that
+exterminating methods should be applied to the weak in order to restore
+the proportion which they, the strong, have thus by their selfishness
+disturbed. Nature gives adequate protection so far as numerical increase
+is concerned, and no scientific man will dare to state that this
+protection may be disregarded and another demanded.
+
+The Government of India has been charged with pursuing a suicidal policy
+in safeguarding the natives against plague and smallpox and in
+preventing human sacrifice. Their numbers will increase, food supplies
+will give out, or, worst of all, they may become so powerful as to wrest
+the supremacy from the European. Charity, however, demands that these
+measures shall be taken, and the terrors of the future are at best
+hypothetical. This is but another case in which consideration for the
+unknown future is apt to hinder us in the discharge of our known duties
+to the present. History assures us that the guarantee of the future lies
+in the fulfilment of these duties. The height of absurdity is reached
+when the attempt is made to establish the proportions of the future.
+Such efforts defy man.
+
+The burden of the weak is the burden of the strong, and in the bearing
+of it is brought into view the grand and true ideal of society--the good
+of all.
+
+Man is endowed with natural powers for assisting his weaker brother,
+and, above all these powers he has, through supplication the means of
+engaging the Divine Influence, which simply defies all calculation
+against the possibility of reform or recovery.
+
+Where charitable effort in the past has not succeeded it is because it
+has not gone far enough. Building institutions is sometimes due to a
+craze and not charity. Thus evils are sometimes accentuated and not
+mitigated. Such failures must spur to redoubled effort. Hope was never
+larger than at present.
+
+
+
+
+Chapter VII.
+
+THE NEW PENOLOGY.
+
+
+The old method of dealing with criminals was based entirely upon a
+doctrine of vengeance. The criminal was regarded as being in every way a
+normal man, a man who deliberately chose to be a criminal. The
+possibility of a criminal's moral sense being defective, of his not
+being able to bring his actions under the control of his will, or of
+some other sad handicap existing, was never contemplated. His crime was
+looked upon as a desperate act, for the committal of which he was
+absolutely without any excuse. The consequence was that an elaborate
+system of torture was devised in order to deal with him. Readers who are
+familiar with such books as Marcus Clark's "For the term of his natural
+life," and Charles Reade's "It is never too late to mend," will require
+no further description of the horrors of "the vengeance system" which
+was supposed to be the only rational method of dealing with criminals in
+the days of the convict settlements.
+
+Since then, popular vengeance has considerably relaxed and the devising
+of painful forms of punishment has become almost a lost art. The
+new-born science, with its first powers of articulation, loudly repeat
+the words of Revelation, "Vengeance is mine, I will repay, saith the
+Lord." A system of vengeance instituted by man against man is
+impossible. As has been stated in a previous chapter, the new penology
+repudiates all such systems. The amount of pain which an individual is
+to be called upon to suffer may well be left to the higher tribunal. The
+obvious duty of man to his fellow-man who is depraved, is to endeavour
+to recover him. There is no satisfaction in punishing him, but there is
+every satisfaction in reforming him.
+
+The new penology covers the investigation and study of every
+circumstance surrounding the criminal as such. No circumstance is so
+trifling as to be passed by, every detail is carefully studied with the
+object of discovering what the criminal is and how he came to be such,
+what are his possibilities, and by what methods those possibilities may
+be reached.
+
+Maconochie ventured upon the bold assumption that the criminal was a
+human being, and this assumption proved to be justified. In 1840 he was
+sent to Norfolk Island to take charge of 1400 double-convicted felons
+there. He describes them in these words:--"For the merest trifle they
+were flogged, ironed or confined in gaol for days on bread and water.
+The offences most severely punished were chiefly conventional; those
+against morals being little regarded, compared with those against
+unreasonable discipline. Thus the horrid vices with acts of brutal
+violence, or of dexterity in theft and robbery, were detailed to me by
+the officers with little direct censure, and rather as anecdotes
+calculated to astonish and amuse a new-comer. While the possession of a
+pipe, a newspaper, a little tea, etc., or the omission of some mark of
+respect, a saucy look or word, or even an imputation of sullenness, were
+deemed unpardonable offences. They were fed more like hogs than like
+men; neither knives, forks, nor hardly any other conveniences were
+allowed at tables. They tore their food with their fingers and teeth,
+and drank out of water buckets. The men's countenances reflected
+faithfully this description of treatment. A more demoniacal looking
+assemblage could not be imagined; and nearly the most formidable sight I
+ever beheld was the sea of faces upturned to me when I first addressed
+them. Yet three years after, I had the satisfaction of hearing Sir
+George Gipps ask me what I had done to make the men look so well?--he
+had seldom seen a better looking set."
+
+Maconochie had invented the mark system (the principle of the
+indeterminate system) and made the prisoners' liberation depend upon
+their conduct and character and not upon the original offence.
+Maconochie's experience led him to write in after years to a friend, "if
+you would try a social-moral one (prison system) you would soon get
+important results. If our punishments were first of all made
+REFORMATORY, and generally successful in this object the
+prejudices of society against the early criminal would abate." Inspired
+with this hope of reforming the criminal and restoring him to society
+as a useful member, philanthropists began the exhaustive study of the
+criminal. In prisons where the value of this science is recognized the
+criminal upon his entry is subject to a most thorough examination, every
+item of his family history is carefully enquired into. Information
+concerning the occupation, education, health and character of all who
+are nearly related to him is obtained, as also the moral and economic
+conditions of his home life, and the character of his associates. He
+himself is studied for the existence or traces of disease; for
+abnormalities, arrested or exaggerated physical and mental development.
+The strength of his various muscles, the vitality of his organs, his
+mental and nervous capacity, and his moral susceptibility are all
+estimated. His powers of self-control are determined. His disposition is
+carefully studied. His opportunities in life, his educational
+advantages, his early career, the nature of the crime, the immediate
+influencing circumstances, as provocation, hunger, cold, atmospheric
+disturbances are all noted.
+
+Such is a brief outline of the examination, the object of which is to
+discover as far as possible the real cause which led to the crime, what,
+if any, were the social, physical, psychical and provocative elements
+contributing to the cause; what their value; and what are the most
+promising lines upon which the criminal's reform may be directed. He is
+by no means regarded as a passive product of forces over which he has no
+control, nor his crime as the consequence of himself. It is essential
+to the success of all reformatory discipline that moral responsibility
+must be recognised and observed. In fact it may be said, that
+reformation is complete when moral responsibility, insisted upon by the
+discipline, becomes at last acknowledged by the man.
+
+Perhaps it may be thought that it is not possible to conduct such a
+study with anything like accurate results, and that the greater part of
+it would be mere guess work, as e.g. the determining the capacity of
+a man's nervous system or his degree of moral susceptibility. This is
+quite a mistake. There is nothing whatever of a speculative quality in
+the results advanced by criminologists. Their methods are exact and
+compare equally with those for the investigation of other phenomena.
+
+It is not claimed that the absolute or the relative value of the data
+collected is as yet determined, nor yet that any one investigation has
+been exhausted; but this much can be claimed, that the results obtained
+are of high practical worth and justify the assurance that the solution
+of the problem concerning the criminal will soon be reached.
+
+
+
+
+Chapter VIII.
+
+THE PREVENTION OF CRIME.
+
+
+The result of Criminological studies has indicated most clearly that no
+measures for the prevention or repression of crime will ever be adequate
+which are not based upon a scientific system of education. Whatever this
+system may prove to be, it must have one distinct aim, and that is to
+train all its members to love, and to work for, the social state. This
+aim must be accomplished most thoroughly no matter what the cost may be.
+
+The decreasing birth-rate points to other conclusions than the obvious
+one that a large number of persons must be using preventive means. It
+points to a widespread selfishness which regards children as an
+intolerable burden, as in fact nothing less than a grievous misfortune.
+It is obvious that where children are so regarded a blight has fallen
+upon the domestic life. Home cannot be the brightest spot on earth to
+them; neither can the father and mother be their sympathetic guides,
+counsellors, and protectors. Nor can those children be studied (by those
+who alone have the special faculty for studying them) in order that
+their secret aims and ambitions and the difficulties which obstruct
+these aims and ambitions, may be understood.
+
+It follows then that from parental selfishness a great number (and close
+observation leads one to believe that by far the greater proportion) of
+the children of this generation and in this colony, are growing up with
+less care and attention being bestowed upon them than what their parents
+are prepared to bestow upon even their very horses or their dogs. This
+factor of parental selfishness cannot be ignored either academically or
+practically. It must in some way be overcome, or at least its influence
+for harm must be considerably reduced.
+
+It would be interesting to discover how far this parental selfishness
+was a deviation from true parental pride. Possibly it may not be so very
+great as the vast difference in results may lead us to suppose, and if
+this be so the reorganisation of the child's educational system will not
+be insuperably difficult.
+
+In many homes where there are more than two or three children, there is
+a total lack of domestic sympathy and pride. The children are not taught
+to love one another nor to understand and help one another. Adult
+influence is very seldom brought to bear upon them, and, worst of all,
+parental influence is either wanting, deficient or injurious. What
+children suffer from this want in the development in their natures must
+of necessity be, and it unquestionably is, sufficient to handicap them
+throughout their whole life. Parents profess that they have done their
+best with this or that child and that they have failed, but the fault
+largely lies in the parents undertaking the task with every expectation
+of failure, and the chief characteristics noticed by the child have been
+the parental irritability, impatience and incompetence. Having estimated
+these the child then knows exactly how to gain its own ends and has
+sufficient determination to persevere until it does. A certain amount of
+harsh treatment will suffice, until the child is old enough to rebel, in
+order to keep it in check, or, as is just as often the case, the child
+may be allowed to have its own way entirely. Under such circumstances it
+is not a matter of great wonderment that the child should be looked upon
+as a burden to be fed, clothed, and tolerated until it is old enough to
+"do something" for itself.
+
+But our school system is also at fault, for by it our children are
+crammed with an amount of information the whole, or even the greater
+part, of which very few of them will ever use. Imagine the object, if
+one can, of spending the precious hours of a child's educational life in
+teaching it the names of every dozen or so of the different towns of
+each county in the United Kingdom, and at the same time entirely
+neglecting its moral training and giving very little attention to the
+physical.
+
+If a child be bright he has every consideration from his teachers and
+receives from his companions the opprobious nickname of "Teacher's Pet."
+He gains a reward, perhaps a medal, and at the annual distribution of
+prizes the speech-makers point to the coming legislators and successful
+men of business in a manner which conveys to this scholar the idea that
+the one thing to live for is to gain an exalted position in the world.
+This would not be so bad in itself, were it not that the love for honest
+labour is not inculcated at the same time, and consequently the children
+imagine that they are going to be pitchforked into prominence. As an
+evidence, witness the speculative spirit so universal among our youth.
+They hope to make their way in life simply by "striking it lucky."
+Personally I have spoken to a large number of boys about the ages of
+from fourteen to sixteen years and I have never yet been able to find a
+boy who could tell me definitely what he would like to be. His father
+looks about for something for him to do without any knowledge of the
+boy's possibility of greatest success lying in one well marked
+direction. The boy remains in a billet only so long as he fails to get
+another with a greater wage attached to it, and when perhaps twenty
+years of age are reached he is conscious of where the true lines of his
+destiny lie; but it is then too late for him to begin the necessary
+education, and the consequence is that his life loses its inspiration.
+Now it is quite possible that if our school system were so reorganised
+that parents saw as a result that their children developed a true love
+for labour and worked with definite purpose, that they would take a more
+intense pride in them and enter more sympathetically into their labours
+and ambitions. The education of the child would thus be brought to react
+upon the parent and tend immediately to reorganise the domestic life
+and bring it closer to the Hebrew conception, which conception when
+realised would most thoroughly solve the problem of the moral
+regeneration of the race. It is impossible for the State to have to
+commence to educate the parent except by reactionary methods and by
+compelling the observance of all legitimate obligations. That our
+present school system does not react favourably upon the parent must be
+obvious from what has already been said. In the past when only the
+fortunate few were able to secure the advantages of a good education,
+they, for the most part, recognised the greatness of their opportunity
+and prosecuted their studies with zeal. But to-day, with an universal
+educational system the value of these opportunities is, by the child and
+sometimes by the parent, very much lost sight of. The child needs now a
+stimulant, something to arouse and sustain his interest in his work. He
+should learn to regard his school work with pleasure and his home with
+affection.
+
+The three principal standpoints from which education is regarded
+are:--(a) the utilitarian, (b) the disciplinarian, and (c) a compromise
+between the two.
+
+The Utilitarians consider that an educational system should store the
+mind of the child with such knowledge only as shall be of direct value
+to it in its after life. The disciplinarians consider that a child's
+education should content itself with so developing the faculties that
+when matured they may be adequate for such mental tasks as the after
+life or vocation may provide. The middle course is held by those who
+endeavour to train the faculties of the child in the manner prescribed
+by the disciplinarians, but in so doing, they employ the mind upon
+exercises, the accomplishment of which, is of immediate and permanent
+value.
+
+The education system in New Zealand is constructed upon the utilitarian
+basis. The children's minds are crammed with knowledge--USEFUL
+knowledge let it be called--and they are encouraged to be diligent
+because of the great benefit this knowledge will be to them when they
+become men and women--which development the child of eight expects will
+be attained sometime before the end of the world, and will then come by
+chance. The reward of the child's labour is thrown into the far distant
+future, and is so entirely lost sight of as an inspiring factor, that
+artificial rewards have to be provided and the child ponders over his
+lessons in the hope of winning one of Ballantyne's or Henty's "Books for
+Boys."
+
+Now, the facts of a child's life demonstrate conclusively that the child
+is capable of having all its interests absorbed in its work. The
+diligence with which it will build up a doll's house out of a soap box,
+a jam tin, a few stones and any odds and ends that it can lay its hands
+on, is sufficient evidence of this. The child loves to make things for
+itself, and its affection for the rude creations of its own mind is far
+greater than that for its most gorgeous and expensive toys. Upon the
+recognition of these facts, the kindergarten system is based.
+
+In Sweden a very successful attempt has been made to construct the whole
+of the primary system upon this basis, and for this purpose Sloyd has
+been introduced into the schools. Certain Sloyd exercises have made
+their appearance in our New Zealand schools and have met with somewhat
+severe criticism, the whole system being condemned as being ideal
+theoretically, but valueless practically. It took many years before the
+Swedish system was perfected, and it should follow obviously that a very
+partial experiment, such as the colonial one has been, gives no idea of
+what value the complete system may achieve.
+
+By Sloyd, we understand a system of educational hand-work. The children
+are employed upon various kinds of hand craft with the object of
+developing their mental, moral, and physical powers. The object is
+NOT to make artisans of the children, although undoubtedly
+those children who afterwards become tradesmen find that the educational
+principles of their trade has already been grasped by the intellect, but
+the same will apply to those entering any legitimate vocation without
+exception.
+
+Although there are many different kinds of Sloyd, woodwork has been
+discovered to be the most useful, and it alone survives the severe tests
+imposed. A glance at the accompanying table will explain what is meant.
+
+COMPARATIVE TABLE OF DIFFERENT KINDS OF SLOYD.
+
+Key:
+A - Does it accord with children's capability?
+B - Does it excite and sustain interest?
+C - Are the objects made useful?
+D - Does it give a respect for rough work?
+E - Does it train in order and exactness?
+F - Does it allow cleanliness and neatness?
+G - Does it cultivate the sense of form?
+H - Is it beneficial from an hygienic point of view?
+I - Does it allow methodical arrangement?
+J - Does it teach dexterity of hand?
+------------------+--------+--------+---------+--------+-----------+
+Branches of Sloyd.|   A    |   B    |    C    |   D    |    E      |
+------------------+--------+--------+---------+--------+-----------+
+                  |        |        |         |        |           |
+Simple Metal Work |Yes & No|Yes     |Yes      |Yes     |Yes & no   |
+Smith's Work      |No      |Hardly  |Tolerably|Yes     |No         |
+Basket Making     |No      |Hardly  |Tolerably|Yes     |No         |
+Straw Plaiting    |Yes     |Yes?    |Yes      |Yes & no|Yes        |
+Brush Making      |No?     |Yes??   |Yes      |Yes?    |Tolerably  |
+House Painting    |No      |No      |Yes & no |Yes     |No         |
+Fretwork          |Yes?    |No & yes|No & yes |No      |Yes        |
+                  |        |        |   Yes   |        |           |
+Bookbinding       |No      |No & yes|Tolerably|Hardly  |Tolerably  |
+                  |        |        |         |        |   Yes     |
+Card-board Work   |Yes & no|Yes?    |Yes      |No      |very high  |
+Sloyd Carpentry   |Yes     |Yes     |Yes      |Yes?    |Yes        |
+                  |        |        |         |        |partly (not|
+Turnery           |No      |Yes     |Yes?     |Hardly  |quite No)  |
+Carving in Wood   |Yes?    |Yes & no|Yes & no |No      |Yes        |
+Clay Modelling    |Yes     |Yes     |No       |No      |Yes & no   |
+------------------+--------+--------+---------+--------+-----------+
+                         From "Theory of Sloyd," Salomon.
+
+Table continued
+
+------------------+---------+--------+--------+--------+---------
+Branches of Sloyd.|    F    |    G   |   H    |    I   |    J
+------------------+---------+--------+--------+--------+---------
+                  |Tolerably|        |        |        |
+Simple Metal Work |    No   |Yes     |Yes?    |Yes     |Yes
+Smith's Work      |No       |No?     |Yes & no|Perhaps |No
+Basket Making     |Yes?     |No      |No      |No      |No
+Straw Plaiting    |No & yes |No?     |No      |Yes     |No
+Brush Making      |Yes      |No      |No      |No      |No
+House Painting    |No       |No      |No      |No      |No
+Fretwork          |Yes      |No & yes|No      |No & yes|No
+                  |         |        |        |        |
+Bookbinding       |Yes?     |No      |No?     |Perhaps |Tolerably
+                  |         |        |        |        |
+Card-board Work   |Yes      |Yes?    |No      |Yes     |No?
+Sloyd Carpentry   |Yes      |Yes     |Yes?    |Yes     |Yes
+                  |         |        |        |        |
+Turnery           |Yes?     |Yes     |No      |No      |No
+Carving in Wood   |Yes      |Yes & no|No      |Yes     |No
+Clay Modelling    |No       |Yes     |No      |Yes     |No
+------------------+---------+--------+--------+--------+---------
+
+
+The objects of Sloyd are:--(a) to instil a taste for, and love of,
+labour in general.
+
+NOTE.--(For this analysis of the Sloyd system the author has
+based his study upon Herr Salomon's works "The theory of educational
+Sloyd" and "The Teacher's hand book of Sloyd.")
+
+Children love to make things for themselves and prize their own work
+much more than ready made articles. The educator should follow Nature's
+lead and satisfy this craving. By a skilful direction of the child's
+interest a love for labour in general is instilled, and rewards are
+found to be unnecessary, the children being only too eager to achieve.
+To sustain their interest in the work they are engaged upon must be
+useful from THEIR OWN STANDPOINT. The work should not be
+preceded by fatiguing exercises, but the first cut should be a stroke
+towards the accomplishment of the desired end. The exercise must afford
+variety. The entire work of the exercise must be within their power and
+not requiring the aid of the teacher to "finish it off." It must be real
+work and not a pretence; and the objects should become the property of
+the children. To give children intricate joints to cut is of no real
+value. The child has no genuine interest in what are simply the parts of
+an exercise, it must make something complete and useful in itself. To
+make a garden stick accurate according to model is of more value than to
+make the most intricate joint. One may say that the child who could do
+the one could do the other, but that is not the point, for the object
+is not merely to gain manual dexterity but to develop all the faculties
+of a child, and this is what the complete exercise achieves and in what
+the partial exercise absolutely fails.
+
+(b) To instil respect for rough, honest, bodily labour, which is
+achieved by the introduction of the work into schools of all grades so
+that ALL classes of the community may engage upon it, and by the
+teachers taking pride in it themselves, and by their intelligent
+teaching of it to their classes.
+
+(c) To develop independence and self-reliance. The child requires
+individual attention, the teacher must not tell too much, the child
+should endeavour as far as possible to discover by experiment the best
+methods for holding and manipulating tools, and also to be allowed as
+much free play as possible for its judgment.
+
+(d) To train in habits of order, exactness, cleanliness, and neatness.
+
+Which are acquired by keeping the models well within the children's
+range of ability, demanding that the work shall always be done in an
+orderly manner and with the greatest measure of exactness that the child
+is capable of. How far cleanliness and neatness may be instilled is
+apparent from the nature of the work.
+
+(e) To train the eye, and the sense of form. To cultivate dexterity of
+hand and develop touch.
+
+The models are of two kinds:--rectilinear and curvilinear. The former
+are tested by the square, the rule and the compasses, but the accuracy
+of the latter depends upon the eye, the sense of form and that of touch.
+This training enables the child to distinguish between good and bad work
+and to put a right value upon the former, to understand the right use of
+ornament, and also cultivates the aesthetic taste upon classic lines. An
+enormous number of jerry built articles are sold, which the public
+readily buy simply on account of their ornamental appearance. If the
+ability to distinguish between good and bad work were more universal it
+would go far towards improving trade morality.
+
+(f) To cultivate habits of attention, interest, etc. The success of the
+work requires that the mind shall be closely concentrated upon it. The
+nature of the work excites the interest of the child, and under careful
+direction this interest is sustained throughout. A genius has been
+described as a man capable of taking pains--a master of detail. Sloyd is
+eminently suited for concentrating the attention upon the details of
+work and for training the Sloyder to be thorough and never content with
+"making a thing do."
+
+The desire of the child to finish the work and to finish it well,
+overrides any element of impatience or irritability that may be in his
+character, and in a natural way introduces the elements of patience and
+perseverance in his work. These qualities are not confined to his Sloyd
+work but extend throughout his character, so that he realises that the
+work of life all contributes to some definite aim.
+
+(g) Uniform development of the physical powers. Statistics collected
+from any country show that many forms of disease before unknown among
+the young, are now very prevalent among the children taught in the
+schools. These diseases are attributed to the many hours during which
+children are required to sit and to the bad positions they assume during
+those hours. Skoliosis--curvature of the spine--a serious disease, as it
+produces displacement of the internal organs, nose bleeding, aenemia,
+chlorosis, nervous irritation, loss of appetite, headache, and myopia,
+are diseases which are declared by experts to accompany the present
+system of education.
+
+Sloyd when properly taught tends to develop the frame according to the
+normal standard. It may not be as good as gymnastics in this direction:
+but it has this advantage that it trains the pupil to engage in his work
+in such a manner as not to hinder nor stunt the development of his body,
+and not to cramp the vital organs in such a manner as to interfere with
+the discharge of their functions. The pupils are taught to use both
+hands and to develop both sides of the body. The following chart from
+Herr Salomon's work will show to what degree the body may develop on a
+lopsided manner when one side only is used in performing work. The chart
+shows the sectional measurement of the chest of a boy of thirteen years
+of age who for three years had worked at a bench using the right side
+only.
+
+The foregoing brief analysis may show the ends which Sloyd is destined
+to accomplish, and upon the value of those ends no explanation is
+required. Habits of industry, patience and perseverance are inculcated.
+The child learns to know his own power and how best to use it. His
+tastes are cultivated and he learns to love work and understand the true
+dignity of labour. Such results are not the results of the copy book but
+they are permanently impressed upon the child's character. That such an
+education must react upon the parent is obvious. The child's life is
+full of aim and he does everything with a purpose, and in such a child
+only the most depraved parent will fail to take interest, and children
+have this characteristic, that they force their knowledge upon the
+notice of their parents whenever they can. The boy who begins to learn
+house painting soon expresses the wish to paint his own home; if
+carpentry, he wishes to build a shed; if joinery, he wishes to make a
+table; and how often one notices a home where tidiness and order are due
+to the educated child, and where taste in furnishing is accounted for by
+the daughter's cultivated aesthetic taste. Children then, so trained as
+the Sloyd system provides, may contribute enormously to the happiness
+and brightness of the home life. Instead of regarding them as a burden
+their parents will behold them with delight and pride, and instead of
+looking out for "something for them to do," indifferent whether it be
+driving a cart, selling in a shop, or clerking in a lawyer's office,
+they will find that the child himself has a definite idea of where his
+after course should lie, and they will do their utmost towards assisting
+him to follow it.
+
+[Illustration: _To perceive the amount of distortion, fold the paper
+along the axis of the diagram, and hold it between the eye and the
+light._
+
+_From "Theory of Sloyd"_--SALOMON.]
+
+It cannot be supposed that Sloyd will succeed in the midst of
+incongruous surroundings. To train the eye to a sense of the beautiful
+in a dirty schoolhouse is somewhat difficult. The glorious handiwork of
+God will not be taught in the playground which, with its mudholes, ruts,
+and filth, more resembles a cattle yard than anything else. A school and
+its grounds must at least show that the authorities themselves really
+appreciate the lessons they are endeavouring to have instilled into the
+minds of their scholars. So, too, a similar system must underlie the
+method of teaching the ordinary lessons at the school desk. How many
+children will say "I love history but I detest dates"? What value are
+the dates? Let history be taught as Fitchett teaches it in his "Deeds
+that won the Empire" and the end will be accomplished, patriotism will
+be inspired, and the nation loved. Dates, names of deeds, causes of war,
+international policies may easily be introduced incidentally. Let
+geography be taught as Fraser teaches it in his "Real Siberia" or Savage
+Landor in his "In the Forbidden Land" and the map will be studied with
+interest and the subject never forgotten. Let the notation be dispensed
+with until the child understands the problem or theorem and Euclid will
+become fascinating.
+
+Without a shadow of doubt the best preventive of crime is an universal
+system of education so designed that the whole interest of the child is
+absorbed in its work. An absolute solution of the whole problem
+undoubtedly requires that the religious education of the child be also
+undertaken and effectively carried out. The question of the religious
+education of the young is one which is exciting attention throughout the
+whole of the English speaking world. There are those who advocate that
+instruction in the Bible lessons should be given by teachers during
+school hours to the scholars attending the Government schools, and there
+are those who vigorously oppose such a course.
+
+The advocates base their arguments upon their belief that no system of
+education which ignores religious teaching can be effective or complete.
+Their opponents declare that it is unjust to call upon the teachers of a
+secular education to give instruction in religion, or for the State to,
+in any way, subsidise the various religious denominations or to
+supplement their efforts in this particular direction. Both sides
+petition the Government and both sides prepare the people for a possible
+referendum upon the question.
+
+The State cannot be expected to regard the matter from other than a
+purely utilitarian standpoint. "Will it make the people better
+citizens?" it enquires. "Will it lesson crime and promote honesty,
+thrift and loyalty?" These questions still remain unanswered, and in the
+midst of so much rationalistic teaching, and especially with the
+example of the noble lives of many rationalists before it, the State
+believes that there is room for much difference of opinion, and
+therefore it cannot move in the matter. The advocates of religious
+education seem to take it for granted that their beliefs are
+unassailable and that they are simply fighting against the powers of
+Darkness: but they forget that they are doing very little to bring
+others to hold the same convictions as themselves. It should not be a
+difficult task to answer to the utilitarian position with an emphatic
+affirmative and to bring conclusive evidence to support that
+affirmative. Where, it may be asked, are to be found the men who are
+leaders in thought and action who have, without any religious influence
+whatever, risen from the depths of misery, crime and filth? Where are to
+be found the families now living in honesty and virtue, though still in
+poverty, families in the midst of which every form of wickedness was
+once to be seen, who owe nothing to religious influence? The rationalist
+may claim that when his educational theories are adopted and put into
+practice all dens of misery and vice will disappear, but he cannot
+support his statement with convincing proofs. The teacher of religion is
+infinitely better off. While he strenuously supports the adoption of
+better and larger educational effort, he insists that, in order to gain
+the active co-operation of those on behalf of whom it is to be employed,
+religious influences must be brought to bear, and for the support of his
+statement he need only say "open your eyes and look around you."
+
+The influence of religion in regaining criminals cannot be gainsaid by
+any, and the United States Educational Report for 1897-98 declares that
+it is most important for the inculcation of sound morality, that
+children should, from a very early age, be brought under the influence
+of good religious teaching.
+
+When the State is convinced that religious education is an absolute
+necessity, it will approach the question of ways and means with a
+determination that a satisfactory solution must be arrived at, and what
+it will then demand is not so much an emasculated Bible as the bringing
+to bear upon the children of the vital regenerative influences of
+religion.
+
+
+
+
+Chapter IX.
+
+SOME AMERICAN EXPERIMENTS:--
+
+THE PROBATION SYSTEM.
+
+THE ELMIRA SYSTEM.
+
+
+=The Probation System.=--In several of the States of America an attempt
+has been made to devise a substitute for imprisonment in the cases of
+persons convicted for minor offences.
+
+The State of Massachusets was the first to take the lead by initiating a
+somewhat elaborate system of probation.
+
+Briefly described, it is an attempt to reform a prisoner
+OUTSIDE.
+
+Imprisonment for minor offences has had many bad features and should,
+where possible, be avoided. Firstly, there is the stigma that attaches
+to every man who has worn the broad-arrow. Secondly, there is the loss
+of self-respect which, together with the contaminating influences
+existing in a prison, often convert the minor offender into the hardened
+criminal. Thirdly, there are the hardships that the wife and family are
+called upon to endure while the bread-winner is in gaol and not earning
+wages.
+
+The Probation System seeks to overcome all these difficulties. Instead
+of sentencing an offender to a period of imprisonment, the judge
+confides him to the care of the probation officer for a period
+co-terminous with that which he would otherwise have had to spend in
+prison. The minimum period of this sentence is six months, and the
+average about twelve months.
+
+In the cases of female offenders and of youths under the age of 18 years
+the probation officer is usually a woman; for adult males, a man acts as
+officer.
+
+The officers are invested with very considerable authority. It is their
+duty to keep the very closest watch over their wards and to report
+continually upon their behaviour. They frequently visit the homes and do
+their utmost to become acquainted with the conditions of the home and
+industrial life under which their wards live. The visits are so arranged
+that they by no means imply an official errand, the officers endeavour
+to discover the weaknesses of their wards and the temptations to which
+they are most likely to succumb, and as far as possible to remove them
+out of the reach of these temptations or to strengthen them against
+their power. Some officers provide for meetings to be held for those
+committed to their charge. Especially is this the case with those who
+have the charge over youthful offenders. At such meetings games,
+edifying entertainment and instruction are provided. It is also quite
+competent for an officer to receive the wages of a probationer. In these
+cases, he will give the man's wife a sufficient sum to meet the ordinary
+household expenditure, allow him enough for his personal expenses, and
+retain a small sum to be returned when the period of probation has
+expired. This course is invariably pursued in the case of drunkards. A
+drunkard may, upon the authority of the probation officer, be forbidden
+to enter a public-house or to enter it during certain hours only, and he
+may also be obliged to remain at home after a certain hour. In fact, the
+probation officer may make almost any such rules that he thinks best to
+be observed by his ward, and there is always the threat of being sent to
+prison to discharge his sentence, if he should refuse to behave properly
+when under probation.
+
+To have an officer constantly watching over a man may affix a certain
+stigma to the man, but even so, it is not indelible nor nearly so great
+as that which the prison leaves behind it. To make this disadvantage as
+small as possible, the officers wear no uniform and, within their
+prescribed area, work among the convicted and unconvicted alike.
+
+The type of officer required is not easily found. Of humane instincts,
+and yet a firm disciplinarian, well educated, competent to give good
+advice and able to gain the affections and confidences of those amongst
+whom they work, is the type of person required. The ex-soldier or the
+ex-policeman is just the man who is NOT wanted. The advantages of this
+system Miss E. P. Hughes thus sums up:--
+
+Firstly.--Instead of a few highly-paid officials and many badly paid
+warders, you have a number of independent, well-paid probation officers,
+chosen for their knowledge of human nature, and their skill in reforming
+it.
+
+Secondly.--Far greater adjustment of treatment to individual cases.
+
+Thirdly.--The stigma of the prison is avoided, and while great care is
+taken that the prisoner shall be strictly controlled and effectively
+restrained, his self-respect is carefully developed.
+
+Fourthly.--The family suffers less. The home is not broken up, the wages
+still come in, and if the prisoner is a mother and a wife, it is, of
+course, most important that she should retain her position in the home.
+
+Fifthly.--The prisoner does not "lose his job," nor his mechanical
+skill, if he is a skilled workman. "I was told that six months in prison
+will materially damage this in many cases." He does not lose his habit
+of regular work.
+
+Sixthly.--He has one intelligent friend at his side to give him all the
+help that a brother man can. And this friend has the unique
+opportunities for studying his case, and has also an extraordinary power
+over his environment.
+
+Seventhly.--Good conduct and a capacity for rightly using freedom is
+constantly rewarded by a greater freedom.
+
+Eighthly.--It is far cheaper than prison. The prisoner keeps himself and
+his family, and one officer can attend from sixty to eighty prisoners.
+
+=The Elmira Reformatory.=--"The New York States Reformatory at Elmira"
+is the official designation of this institution. It was established in
+1875 and had for its first superintendent a Mr Z. R. Brockway.
+
+Mr Brockway had from the age of nineteen years been working in an
+official capacity among prisoners, and his religious beliefs led him to
+acknowledge that the men committed to his charge had their place in the
+redemption of the world.
+
+Maconochie's humane method of dealing with the criminals of Norfolk
+Island attracted his attention, and from Maconochie's mark system he
+evolved the now famous indeterminate sentence.
+
+When the New York State established a Reformatory at Elmira, Mr Brockway
+was placed in charge and given practically a free hand in the adoption
+of such methods as he deemed most likely to effect the permanent reform
+of the men committed to imprisonment there. A restriction was placed
+upon the age of the offenders who should be admitted, the law reading
+thus:--"A male between the ages of 16 and 30, convicted of felony, who
+has not heretofore been convicted of a crime punishable by imprisonment
+in a State prison, may, in the discretion of the trial court, be
+sentenced to imprisonment in the New York State Reformatory at Elmira,
+to be there confined under the provisions of the law relating to that
+reformatory" (vide section 700 Penal Code).
+
+This by no means implies that all the inmates are first offenders. Many
+of them have been in juvenile reformatories, penitentiaries, and houses
+of correction, so that in some cases a considerable advance in the
+career of crime has been made before they are handed over to the
+authorities at Elmira. Again, only felons are received, not minor
+offenders.
+
+The principles upon which the reformatory system is based are
+practically those set forth in the declaration of the National Prison
+Congress held in Cincinnati in 1870 as follows:--
+
+     1. Punishment is defined to be "suffering inflicted upon the
+     individual for the wrong done by him, with a special view of
+     securing his reformation."
+
+     2. "The supreme aim of prison discipline is THE
+     REFORMATION OF CRIMINALS, not the infliction of
+     VINDICTIVE suffering."
+
+     3. "The progressive classification of prisoners based on
+     character, and worked on some well adjusted mark system,
+     should be established in all prisons above the common gaol."
+
+     4. "Since hope is a more potent agent than fear, it should be
+     made an ever present force in the minds of the prisoners, by
+     a well devised and skilfully applied system of rewards for
+     good conduct, industry, attention to learning. Rewards, more
+     than penalties, are essential to every good prison system."
+
+     5. "The prisoner's destiny should be placed, measurably, in
+     his own hands; he must be put into circumstances where he
+     will be able, through his own exertions, to continually
+     better his own conditions. A regulated self-interest must be
+     brought into play and made constantly operative."
+
+     6. "Peremptory sentences ought to be replaced by those of
+     indeterminate length. Sentences limited only by a
+     satisfactory proof of reformation should be substituted for
+     those measured by mere lapse of time."
+
+The old system of penology may be described as "so much suffering
+inflicted for so much wrong done and with the object of expiating that
+wrong."
+
+The principles upon which the reformatory system is founded must be
+clearly grasped before the system itself can be understood. Criticism is
+frequently levelled against it on the ground that the prisoners are
+given "too good a time." This criticism is based upon some theory that
+vindictive retaliation is the attitude that should be assumed towards
+the criminal. When this theory is renounced, then the system stands or
+falls according as it accomplishes the objects for which it is designed.
+When it is asked why should a prisoner in captivity be better looked
+after than he would be if left in his old haunts of crime, the question
+must be answered from the prisoner's point of view, and he will candidly
+reply that the prison which deprives him of his freedom until his
+reformation has been effected is not the place which has any attractions
+for him. The life of discipline and industry does not at all agree with
+his idea of blissful surroundings. Upon admission at the reformatory,
+the prisoner is placed in the middle of three grades of classification.
+From this grade he can, by industry and good behaviour, advance to the
+highest grade. If he should prove refractory, he sinks to the lowest or
+convict grade. Each grade has its own particular privileges, these being
+of course at their maximum in the highest grade. They consist chiefly in
+a better diet, better bed and freer access to the library. His fate is
+practically placed in his own hands. If he shall show himself
+industrious and shall apply himself diligently to the task set before
+him he may make such progress in his grades as will secure his release
+after a comparatively short period of detention. If, on the other hand,
+he will not exert himself to embrace the opportunity, he is kept under
+detention until the maximum limit of his sentence is reached. The
+authorities urge for legislation making the sentence absolutely
+indeterminate, so that those who resist the reformatory measures may be
+kept in prison for a period co-terminous with that of their resistance.
+The principles upon which the system is founded are developed in a
+course of training described as a three M course, i.e. mental, moral and
+manual. The machinery consists of, the indeterminate sentence, the
+school of letters, the trade school, and the gymnasium.
+
+=The Indeterminate Sentence.=--The ideal Indeterminate sentence provides
+that when once a criminal falls into the clutches of the law he shall be
+deprived of his liberty until he has given satisfactory evidence that he
+is able to conduct himself as an honest and industrious citizen. It
+makes no distinction between different crimes, such as to provide that
+the man who embezzles shall receive a longer sentence than the man who
+commits arson or vice versa, but makes the restoration of liberty depend
+entirely upon reformation. It refuses to tolerate the idea that any
+criminals should be at large to prey upon society, and it thus imposes
+upon society the obligation to undertake the reform of all criminals.
+This IDEAL sentence, however, does not exist. At Elmira, the
+authorities are obliged to recognise a maximum, so that if at the expiry
+of this maximum, the prisoner should have made no progress towards
+reform he must, nevertheless, be discharged. Since, however, a man may
+at Elmira reduce a sentence of ten years to something like 22 months, a
+great incentive is given to him to identify himself with the efforts
+being made on his behalf. From every point of view the indeterminate
+sentence in the case of those sent to reformatories appears the most
+reasonable. The business of the trial court is concluded as soon as the
+question of guilt is determined. The judge has not imposed on him the
+impossible task of measuring out a punishment which in its severity
+shall exactly accord with the degree of crime committed. The question of
+the prisoner's sanity is not left to the jury to decide but to qualified
+alienists. Neither does this question determine his GUILT but
+only his RESPONSIBILITY. No account has to be made of the
+provocation from which the prisoner suffered at the committal of his
+crime. If but a small degree of criminality exist, the safest adjustment
+of punishment is to be found in the indeterminate sentence. From the
+social point of view, it gives the best safeguard to the society. It
+guarantees that a criminal once convicted shall cease to prey upon
+society. He will either reform and return to society as a useful member
+thereof and a contributor to its wealth, or else, refusing to reform, he
+will never regain his liberty. This sentence lays it down that society
+ought not to tolerate criminals in its midst. Imprisonment for a fixed
+period under our present penal system serves but to exasperate the
+criminal, and at the end of his sentence, when he is a more dangerous
+criminal than ever, the law demands that he shall be released. It is
+only by indeterminate sentences that society obtains the guarantee it
+may justly demand. For its effect as a means of discipline a prisoner
+will give his own experience. The following extract, was written by an
+inmate of the Reformatory in 1898:--"From the view-point of a 'man up a
+tree' I would say that the character of our sentence has everything to
+do with furnishing a motive which induces and stimulates us to a degree
+of activity we could never acquire under a fixed penalty. Where, under a
+definite sentence, we would spend most of our time crossing off days
+from the calendar and lay awake nights counting over and again the
+amount of time yet necessary for us to serve before the dawn of freedom,
+now every moment is utilised in taking advantage of all opportunities
+for improvement that are offered, well knowing that only by advancement
+in the trade-school and school of letters, together with strict
+compliance with the rules of the disciplinary department, can liberty be
+earned. And the word earn is used advisedly, for a man to get along in
+this reformatory can be no sluggard but must be alert, ever ready to
+advance and not drag behind."
+
+The ideal sentence, so far as an incentive to reformation goes, would be
+an ABSOLUTELY INDETERMINATE ONE, where a man must either reform
+or remain in prison for life, for where would be the welfare of society
+considered if a man be released prepared to prey upon it as he did
+before imprisonment? In the case of the absolutely indeterminate
+sentence there is a motive that will quicken every energy and arouse the
+dullest to life and exercise, for he would be fighting for life and
+liberty--liberty that could never be his until he had shown by his
+conduct that ready compliance with all requirements here was intended,
+and willingness to discard the old and detrimental habits, taking on new
+and profitable ones. The fact that a man could get along in here would
+indicate his ability to live in accord with society in the outside
+world.
+
+Under such a system no one fit to be released would fail to gain it.
+Why? Because the motive is so strong as to force the most unwilling to
+willingness; because a man who would rather rot in prison than try to
+regain his freedom by legitimate means is better off where he is. He
+would only be a stumbling block to society in general if he were set
+free, and would sooner or later land again in some penal institution or
+other, and thus his life would be wasted, and public funds wasted in
+arresting, discharging and rearresting the useless drone, the balance of
+whose life would be passed in various prisons of the country.
+
+That the indeterminate sentence furnishes a powerful motive for
+reformation is shown daily in this institution. You have only to watch
+the student over his books, or mechanic over his tools to see the effort
+that is being made to win that golden prize--a parole. How that motive
+is undermined or taken away entirely when the sentence is definite is
+readily perceived by taking a cursory glance over the records of men
+sentenced here for a definite period. The greatest percentage of them
+are careless, insolent, and furnish most of the class that goes to form
+the nucleus of the lower or convict grades. Why? Because there is
+nothing to work for. No parole can be gained by attention to duty. Time,
+and time alone, counts for this class. Only to pass time and get to the
+end of the sentence, that is all. No one can make a study of, or even
+look about him and compare the records made by definite and indefinitely
+sentenced men, without becoming a warm advocate of the indeterminate
+sentence. The longer the maximum sentence of the man sent here, the
+greater is his effort to travel along the straight and narrow path,
+picking up such advantages as offer him through his stay in this
+institution. The longer the maximum the stronger the motive, the smaller
+the maximum, the smaller effort to earn a release. For example, men sent
+here with two or two and a half years as the limit of their maximums, on
+an average, remain here longer than those with a five, ten or twenty
+years maximum hanging over them. The reason is obvious--the motive is
+strengthened or weakened according as the sentence is lengthened or
+shortened. The deterrent value of the absolutely indeterminate sentence
+would be enormous. Not a question of a few months or years would the
+criminal have to face; but a period which would not terminate until he
+either reformed or died. As we have seen it gives a tremendous stimulus
+to reform, and it would likewise give a powerful check to criminal
+tendencies. Thus it relieves the Judge of an impossible task, is most
+satisfactory to society, and most humane to the culprit.
+
+It may be urged that since liberation would depend in a measure upon
+proficiency in the trade-school and school of letters, that some
+criminals whose criminality might be of a lesser degree, would be at a
+greater disadvantage than others. That is not so. The system is
+obviously a very complicated one, and only the bare outlines are being
+given here. In operation it is absolutely fair, neither is any
+inducement offered to commit crime for the benefits which the
+trade-school confers. The managers know no such defect in their system
+or otherwise they would report it. They have a free hand in the
+employment of their methods, they are continually experimenting, and
+they owe no devotion to "red tape."
+
+A further advantage that the indeterminate sentence has, is that it
+provides for a second period of probation. A man may behave himself well
+in prison but upon his release betake himself immediately to his old
+surroundings and then to his old habits. The most critical moment is
+when the prisoner steps outside the gaol walls and finds himself a free
+man. The habits of industry and good conduct acquired when in
+confinement have to be accommodated to new conditions, and if unassisted
+the task is often too great. The consequence is that he falls away and
+rejoins his old companions and soon becomes a recidivist. The
+indeterminate sentence allows for his freedom being regained gradually.
+Having given evidence of reform and of abilities to support himself,
+employment is found for him, and he is granted a parole. That is he is
+released conditionally. For the next half year he must report himself
+every month, and if at the end of that period he has behaved well he is
+granted absolute discharge. Opportunity is thus given for him to
+establish himself gradually amidst the conditions of free social life.
+The sense of freedom comes without shock, and when it comes, the
+critical period has long since passed away.
+
+Should he violate his parole in any way, he is rearrested and may be
+called upon to serve the maximum penalty for his crime.
+
+=The School of Letters.=--As has been said the system of the Reformatory
+is classified under the headings of mental, moral and manual. There is
+no sharp distinction between all three, inasmuch as no mental or manual
+training is considered of any value which does not also assist to
+develop the moral character of the pupil.
+
+The whole aim of the system is to develop minds and bodies, arrested in
+their growth, in order that they may become more susceptible to moral
+influences, and that habits of correct thinking and useful industry may
+be established. Every prisoner upon entering the institution is assigned
+to the school of letters, care being taken that the task imposed upon
+him is well within his mental grasp, but at the same time shall require
+an effort on his part in order to master it.
+
+The school is divided into three sections--The Primary, the Intermediate
+and the Academic or Lecture division. Each section is subdivided into
+classes and each class again subdivided into groups. The usual method of
+making the lower classes large and the upper classes small is exactly
+reversed at the Reformatory. There may be as few as twenty pupils in the
+lower classes and as many as two hundred in the upper ones. The school
+is under the management of a director who is assisted by a competent
+staff of civilian teachers, as well as by a number of the inmates
+themselves. Some of the prisoners, being illiterate, have to commence
+their education at the very bottom of the ladder. Others, according to
+the education they have received, enter the course at higher points. In
+the case of foreigners much of their education consists in teaching them
+the English language and instructing them in American customs and
+manners. The training is of immense advantage to them.
+
+The classes are held in the evening and the routine of the Reformatory
+is so arranged that throughout the whole of the prisoner's waking time
+he is kept employed.
+
+From the elementary instruction in reading, writing and arithmetic,
+given to illiterates, the course progresses so as to include History,
+Civics, Political Economy, Ethics, Nature study and Literature. Attached
+to the school there is a well stocked library from which books are
+issued under regulations relative to good conduct and progress made.
+There is also a weekly paper issued within the institution called "The
+Summary," to which the prisoners may contribute articles. Attendance at
+the school is in all cases compulsory. The inmate has no option
+whatever. He is not consulted as to what course of study he would like
+to pursue but this is chosen for him and he is set to it. In selecting
+his course, every attention is paid to the man's abilities, tastes and
+attainments. No useless studies are undertaken. Every study must be of
+value from a reformative point of view and also from an educational one.
+That is, it must serve to correct bad and wandering habits of thinking
+and to cultivate good and consecutive habits. It must assist to broaden
+the outlook of life and to bring the individuals into living touch with
+the life and traditions of the country to which he belongs. It must
+serve to inspire hope, confidence and zeal. It must cultivate a taste
+for the beautiful, a love for the natural, and an adoration for the
+Divine. When released, the student must find himself equipped with such
+a knowledge as will enable him to steadily advance in his station of
+life. And yet there is on an average, only two years in which to impart
+such an instruction. How is it done? Firstly, nothing useless is taught,
+the object primarily aimed at being the formation of character.
+Attendance is therefore compulsory, and attention and application are
+necessary in order to obtain a parole. Monthly examinations are held and
+failures at these gives a set-back in the matter of obtaining a release.
+A failure, however, may be overtaken by extra exertion during the next
+month. However distasteful it may be to the prisoner to study regularly
+and methodically, or however difficult his former irregular life may
+have rendered this task, yet it is so intimately bound up with his
+interests that he soon finds a motive powerful enough to correct mere
+dis-inclination. He must work and work at his best, and invariably he
+does so.
+
+Upon entering the class room each student receives a printed slip which
+gives an outline of the lesson to be studied. This serves to convey an
+idea of the amount of work to be undertaken, to show the progressive
+steps and to prevent any idle speculation concerning the development of
+the lesson. These slips are kept by the student and they are made the
+basis of the monthly examination. These examinations are conducted with
+great strictness. In order to pass 75 per cent. of the maximum number of
+marks must be obtained, and marks are given for exact knowledge only.
+For instance, if in a sum in arithmetic a right method is employed but a
+wrong answer given no marks are rewarded. The student has shown an
+inability to use his knowledge. In other subjects the men in answering
+their questions must give the exact "how," or "why," or "when," or
+"where," or "which" before their work will pass. They may write sheets
+but it will not count if they miss the point. They soon find therefore
+that in order to pass their examinations they must pour forth all their
+energies upon their work. Needless to say, no catch questions are ever
+introduced, neither does the examination task exceed the men's
+abilities.
+
+When English literature was first introduced the men regarded it as an
+imposition. They did not know what the new study meant nor what was
+expected of them. A great amount of coaxing and gentle treatment was
+necessary to overcome the general bewilderment. The first examination
+passed off measurably well. Soon a change took place and English
+literature rose rapidly to become the most favourite study. The demand
+upon the librarian for the supply of English and American Classics
+became so great that special restrictions had to be placed upon their
+issuance.
+
+Marked success from a Reformatory point of view has attended this study,
+and the men enthusiastically enter upon a new and broader life.
+
+The late Prof. S. R. Monks, for twelve years Lecturer at the
+Reformatory, says:--"But does such education contribute to the
+reformation of the criminal and the protection of the public?"
+Unqualifiedly and unhesitating I answer, Yes. Men are found to acquire
+in this school month by month a growing application of better things, a
+readier apprehension of truth and a heartier sympathy with virtue, and
+best of all, a greater capacity for sustained and consistent effort in
+practical undertakings. These transformations are the successive steps
+of a real reformation, and every step puts the man at a greater and
+safer distance from past shiftlessness and viciousness. "The virtues,"
+says Felix Adler, "depend in no small degree on the power of serial and
+complex thinking," but, continues that practical philosopher, "the
+ordinary studies of the school exercise and develop this faculty of
+serial and complex thinking. Any sum in multiplication gives a training
+of this kind." It is hardly possible to exaggerate the benefit that true
+education will confer on one who has come under the condemnation of the
+law. His improved education will counter-balance some of the disgrace of
+his past criminality; it will with industrial training extricate him
+from the hopeless mass of ignorant unskilled labour where competition is
+always hottest and most perilous, it will teach him, better than he
+could know without it, the relative value of things; it will so elevate
+his thoughts and refine his tastes that the path of duty in its roughest
+and steepest places, will yet steadily attract his footsteps.
+
+The charge is sometimes made that the criminal is made more dangerous by
+education. The assertion begs all it carries. It assumes that education
+strengthens character but does not transform character which is false
+for it does both.... No man can use his mind in the careful
+investigation of moral principles, and become thereby merely a more
+dangerous cheat. No man who has opened his eyes to see the revelations
+of eternal wisdom and goodness written in letters of light on all the
+handiwork of Nature, can be made thereby merely a more dangerous
+villain. On the contrary, every hour of honest search after reality, of
+careful industry governed by principles and lined to accuracy, every
+hour spent in happy contemplation of wisdom and goodness, wherever
+manifested will make the man forever the better for it.
+
+=Physical Culture.=--This Department of the Reformatory falls into three
+divisions--the Gymnastic, the Military and the Manual.
+
+=The Gymnastic.=--The idea of a gymnasium within a gaol must deliver no
+small shock to the prejudices of many, but in studying the Elmira system
+we must endeavour to keep before us the end which the authorities are
+aiming at, viz., the restoration to society of their criminals in a not
+only harmless state but in their most useful state, and this can only be
+made possible by the most careful and thorough training of the mind,
+body and soul.
+
+Neither is there any cause to think that the prisoners are getting too
+good a time, and that, being treated better than the industrious worker,
+a premium is being offered to crime. The investigation of the
+authorities has revealed no case in which a man has entered the
+institution on account of advantages offered. To criminals they are not
+realised as advantages. They understand them only as the rough road
+leading to their release, and it is about the last thing for men of
+shiftless, lazy, inconsequent habits of mind and body, to suppose that
+they are having a good time when sent to a gymnasium every morning for
+two hours' steady work. Work which brings all the muscles of the body
+into play and which demands the fixed attention of the mind and its
+submission to the word of command from the instructor, is many times
+more distasteful than the "hard labour" of lazily cracking stones.
+
+Until 1900 the whole prison population went through a regular gymnastic
+course. This is now changed and assignments are made to the gymnasium
+only upon the certificate of the physician. All new arrivals however
+spend a period, averaging about five weeks, in the "awkward squad," half
+of whose morning time is spent in the gymnasium. They come in a very
+ungainly looking set of men. Many are undersized, underweight, rickety
+and diseased in body and generally of a slovenly, unmanly appearance. A
+multitude of causes have been at work to produce this condition.
+Chiefly, these are a bad ancestry, foul atmosphere of their dwellings,
+their idle dirty habits, intemperance and sexual abuse.
+
+The course of treatment prescribed for these is one which brings into
+exercise all their latent muscular power. Special attention is paid to
+deformities and weaknesses resulting from any cause whatsoever.
+
+Turkish baths, swimming baths and massage also play an important part in
+their treatment and help to bring the dregs of disease, the results of
+excessive drink and the use of tobacco, out of their systems.
+
+The effects of such treatment are at the end of a few weeks very
+apparent. The body is supple, the carriage is erect, the cutaneous,
+circulatory, muscular and nervous systems are in a healthy state, and
+the stupid, bewildered or stolid expression has given way to one of
+manly concern.
+
+At the end of five weeks most of the men graduate from the awkward squad
+and engage in the work of other departments. Some, however, for various
+reasons have to remain for a longer period of physical exercise.
+
+The majority of these are classified into three groups:
+
+I. Mathematical Dullards. II. Deficient in self-control. II. Stupids.
+These groups are described by Dr Hamilton Wey in his report for 1896 as
+follows:--
+
+Group I.--The Mathematical dullards. These were incapable of solving the
+most elementary problems in Mental Arithmetic or else did so with
+hesitation and difficulty. They were instances of sluggish and dragging
+walk, and presented a sleepy or dreamy appearance at work or in repose.
+They suggested arrested mental growth. From a careful study of these men
+by observation and immediate contact exercises were selected that would
+tend to act upon their defects. In addition the exercises prescribed
+necessitate the direct employment of their mathematical faculties. The
+following schedule was adopted, though subject to constant change as
+occasion for change presented itself. The exercises of their group as
+with others are confined to one hour's practical work five days per
+week. The men receive a daily rain bath and rubbing down immediately
+after their exercises. With this group the hour is divided into sessions
+of half-an-hour each, subdivided into periods of fifteen minutes. The
+first fifteen minutes are devoted to light calisthenics executed by
+command with loud counting and simultaneous movements. This is followed
+by 15 minutes of marching and facing movements with step counting. The
+first 15 minutes of the second half hour are occupied in the laying out
+of geometrical fields for athletic events. Employing the 50ft. tape and
+the 2ft. rule with divisions of an inch. After being instructed as to
+dimensions they are required to lay out the following:--
+
+(a) Baseball diamond; (b) basket ball field; (c) track for 30 and 40
+yards running races; (d) placing of hurdles at intervals, in harmony
+with established athletic field rules. The closing 15 minutes embraced
+practical work, viz., high and long jump, hop skip and jump, high
+kicking, target throwing, etc.
+
+Group II.--Those deficient in self-control. The members of Group II,
+compared with those of Groups I and III, are physically of better
+quality. In general appearance they show a better all-round physical
+development, and in some instances the deteriorating effects of sexual
+abnormality were not so apparent, this class would, in the performance
+of athletics, compare favourably with the scholar outside prison walls.
+In the general performance of their work they have shown more interest
+than either Group I or III, and in some instances have acquired skill in
+some of their athletic branches. The tendency of the athletics selected
+for this group by the Gymnasium Director was of a nature conducive to
+the cultivation and encouragement of self-control and self-reliance
+among its members as shown by the spirit of good-fellowship displayed by
+the successful towards the unsuccessful player, and in a measure
+subduing the ebullition of passion and the spirit of jealousy that
+formerly influenced their every notion in competitive contests.... It
+can be safely asserted that one essential feature in athletics, viz.,
+will-power, which was conspicuous at the first by its absence, has been
+strengthened and inculcated, especially in this group.
+
+It was observed by the Director that perhaps by their exuberance of
+animal spirit, the men were prone to make frequent excuses for changes
+from one game to another, instead of striving to excel in one branch.
+Another observable feature was the attempt to shirk the exercises which
+required any exertion on their part. These defects have been remedied,
+not entirely, but sufficiently to justify the efficiency of athletics as
+a fact in the production of self-control; and instances can be cited of
+complete subordination of will to the controlling powers.
+
+Group III.--The Stupids. The members of this group are not far above the
+standard of feeble-minded boys. They are what might be termed "all-round
+defectives." The object of the athletics selected for this group has
+been to awaken and arouse them from that lethargic state into which they
+periodically relapse. This has been in a measure accomplished, a great
+aid to which has been the daily rain bath. The following physical
+defects (some of which have been remedied wholly or in part) come under
+my observation: general weakness, weak chest (respiratory organs), bent
+carriage of the body, stiffness of wrist, joints, and clumsy movements
+of fingers, spinal curvature, extreme (comparative) development of right
+arm. To overcome these defects systematic exercise was necessary,
+including free-hand exercises, club-swinging, dumb-bell exercise, etc.,
+meted out according to the respective deficiencies and requirements of
+the men. This group also spent one half-hour in practical outdoor
+gymnastic and athletic work. After a general resume of the work
+accomplished it can safely be asserted that outdoor athletics and
+gymnastics have proven to be in a measure, a prophylactic for a number
+of the ills which these three groups of defectives are subject to.
+
+=Military Instruction.=--Military drill was introduced into the
+Reformatory as a direct outcome of the Prisons Bill of 1888 which
+forbade all machine labour in prisons being conducted for profit. The
+statute requiring the "shutting down" of all industrial plants the work
+of the institution was practically brought to a standstill. In this
+difficulty the management conceived the idea of forming a military
+regiment. Most beneficial results immediately followed. The men began to
+walk with more erect carriage and to respond to quick words of command.
+Besides this, the open-air exercise developed their lung-power and
+stimulated their circulatory system. A pride in their performance was
+also inspired by the opportunity given to rise through the different
+ranks to that of lieutenant. Above all, good habits of discipline were
+cultivated. Although the circumstances that rendered necessary the
+introduction of military drill have passed away, yet the organization
+has been found of such great reformatory value that it has become an
+integral part of the Elmira system.
+
+The regiment consists of sixteen companies, four companies to the
+battalion, company roll of about seventy. The colonel's staff is
+composed of colonel, four majors, inmate adjutant, and sergeant-major,
+and national and state colour-bearers. The uniforms are blue, black, and
+red, corresponding to the grades. White belts, with nickel buckles, are
+worn and white cross-belts. Proper insignia of rank is also worn. Dress
+parade is held daily at four p.m. on the regimental grounds, or, if
+weather be inclement, in the armoury.
+
+So far as is possible the regiment is drilled on exactly the same lines
+as those observed by the United States army.
+
+=Manual Training.=--Manual training was introduced into the Reformatory
+in 1895. The number of men who had been in the institution for a
+considerable period of time and upon whom the ordinary reformative
+measures exerted little influence rendered the adoption of some other
+means absolutely necessary. The men, with whom the ordinary methods
+failed, belonged to the defective classes already described as
+mathematical dullards, deficient in self-control, and stupids. The
+habits of vice seem to have wrought such a destructive work upon the
+will-power of these men that in order to repair it some potent influence
+would have to be brought into operation. The conception was to entirely
+disengage the mind of its connection with the past and to concentrate it
+upon healthy, useful and interesting work. Habit produces character, and
+if the old habits of thought could be destroyed and new ones implanted
+it would naturally follow that the character would be improved and
+developed. The character of the normal man requires for its development
+a moral, religious, intellectual and physical training, and the abnormal
+man requires the same, in a greater degree.
+
+It was with this knowledge that the managers introduced manual training
+into the Reformatory. As the usefulness of manual training (Sloyd) is
+described in a preceding chapter no more need be said upon its value as
+a factor in education now. It needed the greatest skill on the part of
+the managers to adopt the various Sloyd exercises to the requirements of
+the different defectives, but each year has given additional proof of
+their success, and its inclusion in the reformatory system was amply
+justified. In 1899 it was discontinued on account of the small
+appropriation that was made for the maintenance of the institution,
+making it necessary to curtail expenses.
+
+Before the abolition of Sloyd the following course was employed for
+defectives:--
+
+(With each year the group was divided into three terms, there being 17
+weeks in each term and 35 hours in each week.)
+
+
+GROUP I.--(Mathematical Dullards.)
+
+FIRST TERM.
+
+Mechanical drawing, Sloyd, athletics, and calisthenics, clay-modelling,
+and mental arithmetic.
+
+SECOND TERM.
+
+Card-board construction takes the place of clay-modelling.
+
+THIRD TERM.
+
+Wood-turning instead of card-board construction.
+
+       *       *       *       *       *
+
+GROUP II.--(Deficient in self-control.)
+
+FIRST TERM.
+
+Athletics and calisthenics, geometric construction involving the
+intersection of solids, etc., wood-turning, pattern making, mechanical
+drawing and Sloyd.
+
+SECOND TERM.
+
+Athletics and calisthenics, wood-carving, clay-modelling, mechanical
+drawing and Sloyd.
+
+THIRD TERM.
+
+Athletics and calisthenics, chipping and filing, moulding, mechanical
+drawing and Sloyd.
+
+       *       *       *       *       *
+
+GROUP III.--(Stupids.)
+
+FIRST TERM.
+
+Athletics and calisthenics, free-hand drawing from solids and familiar
+objects, elementary Sloyd, clay-modelling, mental arithmetic, and
+sentence building.
+
+SECOND TERM.
+
+Sloyd, free-hand drawing, wood-carving, mental arithmetic, and
+calisthenics.
+
+THIRD TERM.
+
+Sloyd, free-hand drawing, wood-turning, athletics and mental arithmetic.
+
+=The Trades' School.=--Of all crimes, about 95 per cent. are committed
+against property. It therefore appeared imperative to the management of
+the Reformatory that every man passing through the institution should
+be taught a useful trade so that he would be able to provide an honest
+and sufficient livelihood for himself and for those who would be
+dependent upon him. For this purpose the trades' school was established
+and a regulation passed that all men entering the Reformatory without
+the knowledge of a trade should be required to learn one before they
+would be granted a parole.
+
+Under conditions of free life it would be impossible to teach these men
+a trade. In their haunts of crime the criminals live a lazy ambitionless
+life and regard work as an evil to be avoided; the reformatory system,
+however, captures his interest on behalf of industry by making his
+liberty depend upon his having reached the status of an honest and
+enthusiastic tradesman.
+
+Two or three days after his arrival the newly committed prisoner is
+personally interviewed by the superintendent. This interview, which is
+in the nature of an exhaustive examination, generally discloses the
+species of criminality to which his crime belongs. This knowledge is
+made the basis of the plan which is then formulated for the course of
+treatment to which he will be submitted.
+
+In the selection of a trade, the prisoner is given the opportunity of
+choosing for himself. If the choice show sincerity and intelligence, he
+is applied to it. If, on the other hand, it should reveal mere
+indifference or a desire to shirk hard work, the managers take all
+matters into consideration and select the trade for him. Once placed at
+a trade he is given to understand that he will be kept rigidly to it and
+no release from imprisonment granted until his progress has satisfied
+the authorities. Changes from one trade to another are rarely granted,
+and then only when the learner has given unmistakable signs that he
+cannot succeed at his first task. Within the trades school, his identity
+is not lost sight of. Day by day, a record of his conduct and also of
+his progress is kept. Every persuasive means is used to awaken his
+understanding to the fact that his best interests are to be served by
+habits of industry and application. The whole system is an appeal to his
+desire for freedom. Freedom is offered to him but at a distance, and he
+can reach it by no other means than that of following a given road, the
+direction of which is very clearly pointed out to him.
+
+The work is graduated according to his ability to make progress, and
+care is taken to so arrange his course that he shall be taught
+thoroughly all the fundamental principles of his trade. The ordinary
+apprentice works so that he will be able to fulfil the orders that are
+given to his master. The consequence of this is that two ideas exist,
+the apprentice having the desire to learn a trade, his master desiring
+to profit by his work. The end of the apprentice is served by constantly
+advancing to new work, even though this should mean the loss of time and
+the waste of material; his master's object is attained by keeping him
+at that work which he learns quickest and giving the difficult work to
+more experienced men, consequently he passes through his time and learns
+but very little. Now, the pupil of the Elmira trades' school is not
+considered to have completed his course until he has gained a thorough
+knowledge of every department of his trade. Besides the practical
+instruction given in the workshops, classes are also held in the
+evenings and instruction given in mechanical drawing so that the men may
+be able to understand any plan that may be put into their hands, and
+also to draw plans for themselves. Trade journals are subscribed for and
+circulated among the men.
+
+The value of this industrial training extends beyond the providing the
+means of obtaining an honest livelihood, for by making release depend
+upon success, interest is thereby combined with industry. This
+combination is bound to react upon the voluntary system and produces a
+moral effect. Again it re-acts, this time beneficially upon the
+character of the man.
+
+The following is a list of all the trades taught in the Reformatory:--
+
+  Barbering
+  Bookbinding
+  Brass-smithing
+  Bricklaying
+  Cabinet-making
+  Carpentry
+  Clothing-cutting
+  Electricity
+  Frescoing
+  Hardwood-finishing
+  Horseshoeing
+  House-painting
+  Iron-forging
+  Machine-wood-working
+  Machinist's
+  Moulding
+  Music
+  Paint-mixing
+  Photo-engraving
+  Plastering
+  Plumbing
+  Printing
+  Stenography & typewriting
+  Shoemaking
+  Sign-painting
+  Steam-fitting
+  Stone-cutting
+  Stone-masonry
+  Tailoring
+  Telegraphy
+  Tinsmithing
+  Upholstery
+        Also,
+  Mechanical-drawing
+
+In the year 1903 there were 1986 pupils instructed in these trades.
+
+=The Results of the System.=--English critics have regarded the system
+as being somewhat extravagant and as placing the honest labourer at a
+disadvantage to the criminal. This criticism has been considerably
+weakened of late years and the results investigated instead of being
+imagined. The most careful investigation has made it impossible to deny
+that the Reformatory achieves all that it claims to, viz.:--that it
+contributes nothing to the strengthening of the criminal habit[1] and
+therefore it is not a partial remedy, and that it actually returns to
+society as useful citizens no less than 82 per cent.[2] of those
+committed to it.
+
+Lombroso speaks of the system as a practical application of the results
+of the science of Criminology.
+
+Should the system be adopted in other countries, it would need to be so
+translated that it would accord with the traditions and customs of the
+people.
+
+FOOTNOTES:
+
+[1] It is generally supposed that such a system cannot act as a
+deterrent to crime. The American delegates to the International Prison
+Congress (held in Paris in 1895) declared that the obligation imposed
+upon the prisoners, in such institutions, to raise themselves by mental
+as well as by industrial labour, into higher grades as a necessary
+condition for liberation, is felt by many of them, to involve so much
+exertion, that they would rather be consigned to some ordinary prison,
+where self-improvement is not specially enforced. This system, they
+declared, was more deterrent than was generally supposed.
+
+[2] Of some 13,000 criminals who have passed through the Reformatory,
+the number known definitely to have returned to crime is a little less
+than 1 per cent. of the whole!
+
+
+
+
+Chapter X.
+
+CONCLUSION.
+
+
+The reader will have formed his own conclusion. He may conclude that the
+author has a sentimental affection for the criminal and would have all
+disturbers of the public peace treated with more compassion than the
+hard-working and honest labourer. But that reader will have jumped to
+his conclusion from his preconceived prejudices. The reformation of the
+criminal is no chimera, it has been undertaken for thirty years and
+every year has seen better results. The results for 1903 (86 per cent.
+of reforms) ought to convince the most sceptic that the reformation of
+the criminal is the true aim for society to pursue.
+
+Another reader may ask why, if all these results are so good, does not
+the Government adopt some such system as the Elmira one instead of
+continuing the present obsolete penal system. The New York State
+Government experiences a difficulty in finding, for their reformatory
+staff, men who will undertake their work with a real sense of mission.
+
+Nor is this the only difficulty. If New Zealand is going to undertake
+the reformation of its criminals and to restore them to society as
+honest and industrious persons, society itself must be prepared to drop
+its prejudices and suspicions and receive the men at their present
+worth, and not forever stamp them as outcasts. Nothing less, then, is
+required than an earnest desire among all classes to recover those among
+men who have fallen into villainy and vice and to receive back among
+their ranks all those who, having responded to the efforts made on their
+behalf, can make a claim upon the confidence and good-will of society.
+
+But the reformation of the criminal is not the only obligation laid upon
+society, there is also the education of the child. It is frequently
+being stated that criminals are on the increase; it has been shown that
+this increase is not a national one, it must be then that for some
+reason the practice of virtue is becoming more and more difficult,
+whereas that of vice is becoming increasingly easier. Recruits are
+steadily joining the ranks of crime, and when one sees that, as a result
+of their home and school training, the rising generation is developing
+all the characteristics of the criminal, a somewhat alarming conclusion
+very strongly suggests itself. Society has the criminals that it
+deserves. It may fail to recover those who have entered upon a criminal
+career, or it may be actually guilty of manufacturing criminals. What
+are we doing? New Zealand has this hope, that its traditions do not
+fetter it, and its institutions are young and plastic.
+
+
+THE END.
+
+
+
+
+    +------------------------------------------------------+
+    | Transcriber's Note:                                  |
+    |                                                      |
+    | Inconsistent hyphenation and spelling in the         |
+    | original document have been preserved.               |
+    |                                                      |
+    | Typographical errors corrected in the text:          |
+    |                                                      |
+    | Page  12  Gcd changed to God                         |
+    | Page  12  criminoligists changed to criminologists   |
+    | Page  14  violaters changed to violators             |
+    | Page  20  effrontry changed to effrontery            |
+    | Page  24  tpyes changed to types                     |
+    | Page  34  healty changed to healthy                  |
+    | Page  35  alcholic changed to alcoholic              |
+    | Page  46  physichological changed to physicological  |
+    | Page  74  maxium changed to maximum                  |
+    | Page  80  Obviviously changed to Obviously           |
+    | Page  93  removed duplicate word "and"               |
+    | Page  98  Chappel changed to Chapple                 |
+    | Page  98  celebate changed to celibate               |
+    | Page 104  exacttitude changed to exactitude          |
+    | Page 111  Chappel's changed to Chapple's             |
+    | Page 116  syphillis changed to syphilis              |
+    | Page 121  unkown changed to unknown                  |
+    | Page 128  aguments changed to arguments              |
+    | Page 133  consideraly changed to considerably        |
+    | Page 134  Charle's Reades changed to Charles Reade's |
+    | Page 137  removed duplicate word "of"                |
+    | Page 140  approbious changed to opprobious           |
+    | Page 141  abont changed to about                     |
+    | Page 143  demonstate changed to demonstrate          |
+    | Page 144  kindergartem changed to kindergarten       |
+    | Page 148  betweeen changed to between                |
+    | Page 151  removed duplicate word "the"               |
+    | Page 163  destinction changed to distinction         |
+    | Page 178  defficient changed to deficient            |
+    | Page 180  prophylasic changed to prophylactic        |
+    | Page 181  lins changed to lines                      |
+    | Page 184  indiffererence changed to indifference     |
+    | Page 186  stone-masonery changed to stone-masonry    |
+    +------------------------------------------------------+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Plea for the Criminal, by
+James Leslie Allan Kayll
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